1. INTRODUCTION
Gotengo is offered to you by What If Machines, Inc. (referred to in these Terms as "we", "us", "our", "WIM" and "What If Machines"), a Canadian Corporation with offices located at 80 Atlantic Ave, Suite 400, Toronto, Ontario M6K 1X9.
These Terms of Service, together with our Privacy Policy accessible here (collectively, the "Terms") govern your access to and use of our Website (the "Website"), our mobile applications and other platforms What If Machines owns or controls and makes available to you (collectively, the "Products"), and content (including, but not limited to, linked pages, blogs, social media content, or other materials related to the Products), or applications offered from time to time by What If Machines in connection therewith (collectively, referred to as "Associated Content"). Your access to and use of the Products is conditioned on your acceptance of and compliance with these Terms. BY USING THE WEBSITE OR PRODUCTS OR BY CLICKING TO ACCEPT THE TERMS, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND OUR PRIVACY POLICY FOUND AT: https://gotengo.me/privacy.html. IF YOU DO NOT AGREE TO THESE TERMS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS THE WEBSITE OR PRODUCTS.
By using the Website or Products, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website or Products.
2. MODIFICATIONS TO THE TERMS AND TO THE WEBSITE
We reserve the right in our sole discretion to revise and update these Terms from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Website or Products. You agree to periodically review the Terms in order to be aware of any such modifications and your continued use shall be your acceptance of these terms as modified from time to time.
The information and material on the Website or Products may be changed, withdrawn or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website or Products is restricted to users or unavailable at any time or for any period.
3. GENERAL TERMS
You are solely responsible for your use of our Products, for any personal information or content you post to the Products, and for any consequences thereof.
You may use the Products only in compliance with these Terms and all applicable local, state/provincial, national, and international laws, rules and regulations.
We are always changing and evolving the form and nature of our Products to serve you better, and may do so without prior notice to you. We may stop providing certain parts of the Products and may do so without prior notice to you. By using the Products, you agree to periodically review the Terms in order to be aware of any modifications and your continued use shall be acceptance of these changes. The information and materials on this Website or the Product may be changed, withdrawn or terminated at any time at our sole discretion without notice.
We may also create limits on usage at our sole discretion without prior written notice or any liability to you.
Our Products may provide advice, suggestions and recommendations about 3rd party products and related information (collectively, "Advice"). This Advice is for informational and entertainment purposes only. While we do our best to provide accurate and valuable Advice, we cannot guarantee the correctness and accuracy of the Advice, and you agree that we shall not be held liable for any errors or omissions in our Advice.
4. YOUR USE OF THE WEBSITE, PRODUCTS, AND ACCOUNT SET-UP AND SECURITY
The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.
The safety and security of your information also depends on you. Users are responsible for obtaining their own secure access to the Website and Products. Users are required to ensure that all persons who access the Website or Products through a user’s internet connection are aware of these Terms and comply with them. The Website and Products, including content or areas of the Website and Products, may require user registration. It is a condition of your use of the Website and Products that all the information you provide on the Website and Products is correct, current, and complete.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website and Products. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website or Products.
Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person with access to this Website or Product or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.
We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms.
You are prohibited from attempting to circumvent and from violating the security of this Website or Product, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting Website and Product owner’s ability to monitor the Website or Product; (f) using any robot, spider, or other automatic device, process, or means to access the Website or Product for any purpose, including monitoring or copying any of the material on the Website or Product; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Website or Product via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing or crashing; and (i) otherwise attempting to interfere with the proper working of the Website or Product.
5. BUYING ITEMS THROUGH GOTENGO
Our Products display items available for purchase and delivery from us. Please see our shipping policies here for the locations we are able to ship to.
The items shown within our Products may not be available at all times. Items may be changed or replaced, pricing and descriptions of these items may change, and these items may be discontinued or substituted at any time. While we always strive for accuracy within our item descriptions, we do not warrant the accuracy, completeness, reliability or currency of these descriptions. The technical specifications of your monitor or display, or particular settings on your computer or device, could affect the accuracy of the colours of the items displayed in our Products.
When you place an order on our Products, our 3rd Party Payment Processor (currently Stripe) will process your payment. Please note that any suspicious, unauthorized, fraudulent, or illegal attempts to process a purchase will be in violation of these Terms and the Terms of Stripe 3rd Party Payment Processor. As per the Terms of Stripe, Section 8, any suspicious, unauthorized, fraudulent, or illegal attempts will be reported to the appropriate financial institution, regulatory authority, or law enforcement agency, consistent with our legal obligations. Please refer to Stipe’s Terms for more information: https://stripe.com/en-ca/ssa
We provide a return policy, which is outlined here, including the criteria to qualify for a return, if the items purchased through our Products do not meet your satisfaction.
6. RISK OF LOSS
Purchases from the Website or of the Products are made pursuant to a shipment contract with the shipping carrier. Users are responsible for filing any claims with shipping carriers for damaged and/or lost shipments.
7. ACCESS AND LICENSES
You understand and agree that the Website and Products and their entire contents, features, and functionality, including but not limited to all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by the Company, its licensors, other providers of such materials.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of our Products. This license does not include any resale or commercial use of any of our Products, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Products or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms are reserved and retained by us, or our licensors, suppliers, publishers, rightsholders, or other content providers. None of our Products, nor any part of our Products, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of What If Machines. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of What If Machines without express written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without the express written consent of What If Machines. You may not misuse our Products. You are not permitted to modify copies of any materials from this Website, nor the Products, nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, in any form. You may use our Products only as permitted by law. The licenses granted by us terminate if you do not comply with these Terms.
8. DISCLAIMERS
Our Products are provided as-is: Our Products are provided "as-is" without warranties of any kind, either expressed or implied. You acknowledge, agree and understand that you use our Products at your own risk. We will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of our Products.
Online Purchases: All orders, purchases, or transactions for the sale of goods, services, or information made using this Website are subject to the Terms of Service, which includes the Shipping and Return Policy, found at https://gotengo.me/shipping.html, also incorporated in these Terms.
Downtime: Our Website and Products may be temporarily unavailable from time to time for maintenance or other reasons. We assume no responsibility for any error, inaccuracy, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communications between you and our Products.
No endorsement as to accuracy: We accept no responsibility for the accuracy of any user data or Advice provided by or created using our Products except as otherwise set out in these Terms. The provision or storage of user data or Advice through the Product does not constitute our endorsement or warranty as to the compliance of such user data or Advice with applicable privacy legislation, nor to the accuracy, timeliness, materiality, completeness, or reliability of such user data or Advice. You are responsible for ensuring that the information you have entered into our system is accurate, reliable and complete. Furthermore, Gotengo is just a distributor of Products and not a manufacturer, and therefore cannot make guarantees about the Products itself and purchases are subject to Gotengo’s return policy which can be found at https://gotengo.me/shipping.html
Monitoring: We do not accept any liability for monitoring our Products for unauthorized or unlawful use of our Products by users.
No warranty as to non-infringement: Except in the manner provided for in these Terms, we disclaim, and expressly do not provide any direct or indirect, express or implied representation or warranty as to title and non-infringement of intellectual property in relation to our Products.
Damage to hardware: Any material downloaded or otherwise obtained through the use of our Products is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
Security: The transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for the circumvention of any privacy settings or security measures contained on the Website.
Links to Third Party Websites: For your convenience, this Website may provide links or pointers to third-party sites. We make no representations about any other websites that may be accessed from this Website. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms of such third-party sites.
Copying Privileged Information: If you print, copy, or download any part of our Website or Products in breach of these Terms, your right to use the Website or Products will cease immediately and you must return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Website, or Products or to any content on the Website or Products, and all rights not expressly granted are reserved by the Company. Any use of the Website or Products not expressly permitted by these Terms is a breach of these Terms and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.
9. LIMITATION OF LIABILITY
Except where such exclusions are prohibited by law, you hereby agree to release, remise and forever discharge us and our directors, employees, officers, and our affiliates, partners, service providers, vendors, and contractors and each of their respective agents, directors, officers, employees, and all other related persons or entities from any and all manner of rights, losses, costs, claims, complaints, demands, debts, damages, causes of action, proceedings, liabilities, obligations, legal fees, costs and disbursements of any nature whatsoever, and for any special, indirect or consequential, incidental or exemplary damages (collectively, a "Claim"), whether in contract or tort, whether known or unknown, which now or hereafter arise from, to the maximum extent allowed by law, that relate to, or are connected with:
- negligence, gross negligence, negligent misrepresentation, fundamental breach, damages of any known, under any legal theory, including any direct, indirect, special, incidental, consequential, or punitive damages, including, but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, breach of privacy or otherwise;
- any indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use data, or other intangible losses;
- your provision of any personal information provided to us subject to our legal requirements relating to the protection of personal information;
- communications received to you through your access to our Products;
- the posting of information on our Products or any affiliated social media, including but not limited to, User data, Cards, written reviews, pictures, or personal information;
- the use of our Products and any related applications including third party services;
- the fulfilment of your orders from our partners that you have placed through our Products, including but not limited to the exchange, return, refund or delivery of items you have purchased from our partners;
- the use of any software related to the Products;
- viruses, spyware, service provider failures or internet access interruptions;
- loss of use, loss of data, inaccuracy of data, payment failure, payment defect, inaccurate calculations, downtime, identity theft, fraud or unauthorized access; or
- any content or Advice relating to the use of our Products, even if you have been advised of the possibility of such Claim, or such Claim was reasonably foreseeable and notwithstanding the sufficiency or insufficiency of any remedy provided for herein or in any license.
In the event that we become liable for any damages whatsoever, you agree that such damages shall be limited in the aggregate to the amount of fees or charges which you have paid in the previous invoice.
10. INDEMNIFICATION
To the extent permitted by applicable laws, you agree that you will defend, indemnify and hold harmless us and our officers, directors, shareholders, employees, agents and representatives, from and against any and all damages, judgments, liability, costs and expenses (including without limitation any reasonable legal fees), in whole or in part arising out of or attributable to: (a) generally, your breach of these Terms; your access to and/or use of our Products; and any loss of, or damage to, any property, or injury to, or death of, any person (including you) caused by your access to and/or use of the Products; and (b) specifically, your breach of the intellectual property rights of any third party to these Terms.
You agree that you will be solely responsible for all activities that occur under your account, whether you are aware of them or not. You agree to hold us harmless and release us from any loss or liability whatsoever that you may incur as a result of someone other than you using your password or account, either with or without your knowledge. You agree to indemnify us for any damages, third party claims or liabilities whatsoever that we may incur as a result of activities that occur on or through your account, whether or not you were directly or personally responsible.
11. PRIVACY
By submitting your personal information and using our Website and Products, you consent to the collection, use, reproduction, hosting, transmission and disclosure of any such user content submissions in compliance with our Privacy Policy, found at https://gotengo.me/privacy.html.
By using this Website and the Products, you are consenting to the use of cookies which allow a server to recall previous requests or registration and/or IP addresses to analyze Website and Product use patterns. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off cookies. If you do, however, some areas of the Website and Products may not function adequately. For more information on this automated information gathering practices, see https://gotengo.me/privacy.html.
12. THIRD-PARTY WEBSITES
For your convenience, this Website and the Products may provide links or pointers to third-party sites. We make no representations about any other websites or products that may be accessed from this Website or the Products. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms of such third-party sites.
Such links to third-party sites from the Website and the Products may include links to certain social media features that enable you to link or transmit on your own or using certain third-party websites, certain content from this Website and the Products. You may only use these features when they are provided by us and solely with respect to the content identified.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. Our Website and Products must not be framed on any other site. We reserve the right to withdraw linking permission without notice.
13. SEVERABILITY
If any portion of these Terms is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, these Terms as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of these Terms that is unlawful, void or unenforceable shall be stricken from these Terms.
14. ASSIGNMENT OF AGREEMENT
You may not, without our prior written consent, assign your rights and obligations under these Terms, in whole or in part, either voluntarily or by operation of law, and any attempt to do so will be a material default of the Terms and will be void. We may assign our rights and obligations under these Terms to a third party at any time in our sole discretion. These Terms will be binding upon and will inure to the benefit of the respective parties hereto, their respective successors in interest, legal representatives, heirs and assigns.
15. WAIVER
You agree that if we do not exercise or enforce any legal right or remedy which is contained in these Terms or which we have the benefit of under any applicable law, this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to us. Waivers must be in written form and signed by an authorized representative of What If Machines.
16. DISCLAIMER OF WARRANTIES
You understand and agree that your use of the Website, the Products, their contents and any services or items found or attained through the Website or Products is at your own risk. The Website, the Products, their contents and any services or items found or attained through the Website or Products are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. the foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
Neither What If Machines, nor its parent, subsidiaries, affiliates or their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers or successors as applicable make any warranty, representation or endorsement with respect to the completeness, security, reliability, suitability, accuracy, currency or availability of the Website, the Products, or their contents. Without limiting the foregoing, neither What If Machines, nor its parent, subsidiaries, affiliates or their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers or successors represent or warrant that the Website, the Products, its content, or any services or items found or attained through the Website or Products will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our Website, our Products or the server that makes them available are free of viruses or other harmful components.
We cannot and do not guarantee or warrant that files or data available for downloading from the internet, the Website or the Products will be free of viruses or other destructive code. You are solely and entirely responsible for your use of the Website, the Products and your computer, internet and data security. To the fullest extent provided by law, we will not be liable for any loss or damage caused by denial-of-service attack, distributed denial-of-service attack, overloading, flooding, mailbombing or crashing, viruses, trojan horses, worms, logic bombs, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Website, the Products, or any services or items found or attained through the Website, the Products or to your downloading of any material posted on them, or on any Website linked to them.
17. SURVIVAL OF AGREEMENT
All covenants, agreements, representations and warranties made in these Terms shall survive your acceptance of these Terms and the termination of your relationship with What If Machines.
18. GOVERNING LAW AND JURISDICTION
The Website, the Products and these Terms will be governed by and construed in accordance with the laws of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle or rule whether of the laws of Ontario or any other jurisdiction and notwithstanding your domicile, residence or physical location.
Any action or proceeding arising out of or relating to this Website or the Products and under these Terms will be instituted in the courts of the province of Ontario, Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
19. ENTIRE AGREEMENT
These Terms will constitute the entire agreement between us and you with respect to the subject matter hereof and all prior oral or written agreements, representations or statements with respect to such subject matter are superseded hereby. In the event of a conflict between these Terms and the Privacy Policy, the Terms found herein shall prevail.
20. CONTACT INFORMATION
You agree to receive all required notices electronically, via your e-mail address (if we have it on record) address, by notifications via our Products. It is your responsibility to update or change your contact information, as appropriate. If You have any questions or comments regarding these Terms please contact our head office by filling out the contact form here or mail us at:
What If Machines, Inc.
80 Atlantic Ave, Suite 400
Toronto, Ontario
M6K 1X9