Terms of service

WHOOSH! TERMS OF SERVICE
This is a legally binding contract between you and Whoosh! (as defined below). Please make sure you read it.
1. Definitions
We are going to use plain language to make this easier to read. When we say “Services,” we mean the website (whoosh.com) and the services available through that website. When we say “we”, “us”, “our”, or “Whoosh!” we mean Whoosh! Inc., an Ontario corporation. When we say “your content,” we mean any material which you post, upload, or otherwise share on or through the Services; similarly, when we say “Whoosh! content” or “our content,” we mean any material owned by us or our licensors and made available through the Services. When we say “your account” we mean the user account you must register for in order to use certain Services. When we say “parties” we mean you and us. When we say “our representatives” we mean us and our business partners, licensors, agents, content providers (not including you), service providers, employees, officers, directors and representatives. When we say “Terms,” we mean these Whoosh! Terms of Service. When we say “Purchase Terms”, we mean the additional terms and conditions applicable to purchases made via the Services, which can be viewed at whoosh.com/purchaseterms. And when we say “you” or “your” we mean (i) the individual, if the individual is licensing the Services for his or her personal use; or (ii) the corporation, institution, partnership, organization or other entity on whose behalf the individual accepting these Terms is acting.
2. Accepting these Terms
Please read these Terms before using the Services. If you do not agree to these Terms, you may not use the Services. When you use the Services, you represent and warrant that you have the legal capacity to form a binding contract with us, and are doing so by your agreement to these Terms. You agree to have these Terms and any related information made available to you, and to otherwise have communications between you and us, occur electronically.
These Terms were last updated, and are effective as of, the “Updated” date indicated below. Use of the Services in the future may require you to agree to a new version of these Terms that has been amended or modified by us in our sole discretion.
All rights not expressly granted by these Terms are reserved to us.
3. Privacy
We respect your right to privacy. All information that we may collect via the Services is subject to our privacy statement, which is incorporated by reference into these Terms and can be viewed at whoosh.com/privacy.
4. Permitted Users, Licenses and Compliance with Laws
You must be 18 years of age or older and of at least the age of majority in the jurisdiction in which you reside as of the time you use the Services.
The Services are intended for use only in those provinces or territories in Canada where Whoosh! offers delivery of products, however, we make no representation or warranty that the Services are appropriate or available for use in or from any particular location, whether in Canada or elsewhere. You are advised that the Services may be used only for lawful purposes and in a lawful manner, and using the Services from locations where its contents are illegal is prohibited. Any diversion of the Services and/or any content obtained from or through the Services contrary to Canadian laws is also prohibited. If you use the Services from locations other than Canada, then you do so on your own initiative.  Regardless of location, you agree to abide by all applicable laws in connection with your use of the Services, including those related to intellectual property rights, data privacy, international communications and the transmission of technical or personal data and you are solely responsible for compliance with all applicable laws, including export and import regulations. 
Subject to these Terms, you are granted a non-exclusive, non-transferable, non-sub-licensable, revocable, limited right and license to use the Services, including the Whoosh! content therein, solely for your own personal use or use by your organization.
All rights not expressly granted to you are reserved by Whoosh! and, if applicable, its licensors.
Use of the Services may require internet and data access for which you shall be responsible and subject to your internet access provider terms and conditions of use.  In no event shall Whoosh! be liable for any internet or data access fees or other charges incurred by you in connection with your use of the Services.  Any such fees and charges shall be your sole responsibility.
5. Copyright and Intellectual Property
You retain ownership of all your content that you post, upload to, or otherwise share on the Services. However, by posting, uploading, or sharing your content, you grant us a non-exclusive, sub-licensable, royalty-free, worldwide, and perpetual license to use, copy, reproduce, create derivative works from, and display your content in connection with the Services.
In addition, the Services provide features that allow you to share your content with others. There are many things that others may do with that content, including copying it, modifying it, and re-sharing it even if you do not want them to. So, please consider carefully what you choose to share and with whom; we take no responsibility for that activity.
When you delete your account or stop using the Services, any of your content that you have not otherwise deleted may remain on the Services. 
All of our content, the selection, compilation, arrangement and presentation of all materials, and the overall design of the Software and the Services are copyrighted by us or our licensors, and are protected by Canadian and international intellectual property laws. Use of the Whoosh! content without our express prior written permission is strictly prohibited.
Whoosh!, whoosh.com and the Whoosh! logo are trademarks or registered trademarks of Whoosh!, in Canada and other countries. Our trademarks may not be used in connection with any product or service without our express written permission.
Subject to any applicable law (and, in the case of personal information, the requirements of Section 3), any communications that you send or which are sent to you via the Services, whether solicited by us or otherwise, are on a non-confidential basis, and we are free to use and disclose the content of any such communication, including any ideas, inventions, concepts or know-how disclosed therein, for any purpose including developing, manufacturing and/or marketing goods and services. You agree to not assert any ownership right of any kind in such communications (including copyright, trademark, patent, unfair competition, moral rights, or implied contract). If you send any unsolicited idea, suggestion or other material in any format, which we call “submissions”, to us or the Services, you automatically grant to us and our successors and assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the submissions or any ideas, concepts, know-how or techniques associated with the submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or anyone else, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of us or our successors or assigns.  You waive all author’s moral rights in your content and submissions (including the right to be associated with your content or submission) upon submission, as well as the right to receive any financial or other consideration in connection with your content and submissions.
6. Use Restrictions and Prohibited Conduct
We have some rules which you must adhere to when using the Services. You agree not to do any of the following:
Use or attempt to use another person’s account, or impersonate another person;
Use the Services for any illegal or inappropriate purposes including purposes which could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law or regulation or these Terms;
Use the Services to distribute viruses or other harmful, disruptive, or destructive files, or to send any type of unsolicited mass e-mail;
Copy any of the Whoosh! content onto your  own or any other website;
Use the Services in violation of Whoosh!’s or any third party's intellectual property or other proprietary or legal rights, or modify or make derivative works based upon the Services , or any portion thereof;
Disrupt or interfere with the security of, or otherwise abuse, the Services, or any servers or networks connected to the Services;
Attempt to obtain unauthorized access to the Services;
Access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes;
use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to scrape, navigate or search the Services, except ;
“Frame” or “mirror” any Whoosh! content on any other server or wireless or Internet-based device;
Reverse engineer or access the Services in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics from the Services, or (c) copy any ideas, features, functions or graphics from the Services;
Copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of Services or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law); or
You further agree that you are responsible for your actions in relation to the Services, and for any communications transmitted under your account.
You are granted a limited, nonexclusive right to create a hyperlink to Services, other than to those portions of the Services where registration is required.
7. Your Account
Certain services provided through the Services may only be available to you upon registration for your account. By registering, you represent and warrant to Whoosh! that: (a) you are at least the age of majority in the jurisdiction where you reside as of the time you register with us; (b) all information provided by you to us during the registration process is truthful, accurate and complete; and (c) you will comply with all terms and conditions of these Terms. You agree to maintain and promptly update your registration data as necessary to keep it true, accurate, current and complete. 
We and our service providers will rely on the information you provide. You will be responsible for any and all loss, damage, or additional costs that we and/or our service providers or others may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration or other information that you submit via the Services.  You acknowledge that you are solely responsible for maintaining the confidentiality of your account password and that you will be responsible for any loss resulting from any unauthorized use of your account. You agree to immediately notify us of any unauthorized use of your account. Similarly, you are responsible for verifying and maintaining the protection, security, and distribution of your account information, including account numbers, user names, and passwords.
All liability relating to password management resides with you and under no circumstances, including negligence or misconduct, will we be liable for any damages that result from the use of your account.
You can cancel your account at any time by doing so from your account settings page.
8. Purchases
Purchases made via the Services are subject to the additional terms and conditions set out in the Purchase Terms available at whoosh.com/purchseterms. The Purchase Terms are incorporated by reference into these Terms.
9. Disclaimers
THE SERVICES AND PRODUCTS PURCHASED VIA THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WHOOSH! AND ITS REPRESENTATIVES CANNOT AND DO NOT GUARANTEE, AND DO NOT MAKE ANY, AND, TO THE FULLEST EXTENT PERMITTED BY LAW, EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, COVENANTS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING (1) ANY WARRANTY OF MERCHANTABILITY; (2) FITNESS FOR A PARTICULAR PURPOSE; (3) NON-INFRINGEMENT; (4) THAT THE SERVICES OR ANY PRODUCTS PURCHASED VIA THE SERVICES, WILL MEET YOUR REQUIREMENTS; (5) THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; AND (6) THAT ANY DEFECTS WITH THE SERVICES, IF ANY, WILL BE CORRECTED. YOU UNDERSTAND THAT ANY USE OF, MODIFICATION TO OR RELIANCE ON THE SERVICES, OR ANY PRODUCTS PURCHASED VIA THE SERVICE, IS AT YOUR OWN DISCRETION AND RISK.
You are solely liable and responsible for any and all claims and demands made by any other person arising out of, in connection with, or relating to your use of the Services, your breach of these Terms, your violation or infringement of the rights of others, or your violation of any applicable civil or criminal law. Our representatives disclaim any and all responsibility and liability regarding all such matters. You further agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of the Services, and that you will comply with all applicable law in respect of same. We may investigate occurrences which may involve violations of such laws, and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations. We reserve the right at all times to disclose any information (including your personal information) regarding your usage of the Services in each case as may be permitted or required by applicable law, including as necessary to satisfy any request authorized by applicable law.
Certain links on the Services may take you to other websites. We are not responsible for the content of any such linked pages and we make no representation or warranty regarding, and does not endorse or approve, any linked websites, the information appearing thereon or any of the products or services described. Your use of any such linked website is at your own risk.
No data transmission over the Internet can be guaranteed to be 100% secure and as a result, we cannot ensure or warrant the security of any information you transmit to us. 
10. Limitations of Liability
UNDER NO CIRCUMSTANCES — INCLUDING NEGLIGENCE — SHALL WHOOSH! OR ITS REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES, RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE SERVICES; (2) THE USE OF OR THE INABILITY TO USE ANY PRODUCT PURCHASED VIA THE SERVICES; (3) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (4) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (5) LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF WHOOSH! OR ITS REPRESENTATIVES  HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
YOU ACKNOWLEDGE THAT WHOOSH! ACTS AS TRUSTEE FOR ITS REPRESENTATIVES WITH RESPECT TO ALL RIGHTS CONTEMPLATED HEREUNDER ARISING IN FAVOUR OF ANY WHOOSH! REPRESENTATIVE. WHOOSH! AGREES TO ACCEPT SUCH TRUST AND HOLD AND ENFORCE SUCH RIGHTS ON BEHALF OF EACH SUCH WHOOSH! REPRESENTATIVE.
11. Indemnification
You agree to indemnify, defend, and hold harmless our representatives, from any and all claims and expenses, including attorneys’ fees, arising out of your use of the Services, including your violation of these Terms. We may, at our sole discretion, assume the exclusive defense and control of any matter subject to indemnification by you. The assumption of such defense or control by us, however, shall not excuse any of your indemnity obligations.
12. Right to Terminate
We may at any time without notice or liability decide to alter, amend, modify, or terminate the Services or any functionality or portion of the Services, all in our sole discretion, and you understand that there is no guarantee that the Services or any portion or functionality of it will continue to operate or be available for any particular period of time, including removing, adding, modifying, or changing the availability of, restricting access to, or imposing limits on any or all features on, or links to, the Services. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of the Services at any time without notice, but confirm that we have no duty to do so.
If you breach any provision of these Terms, then you may no longer use the Services and you may have your account cancelled. We in our sole discretion shall determine whether these Terms have been violated.
We may at any time and for any reason, with or without cause, and in our sole discretion, immediately suspend, restrict, qualify or terminate your authorization to use the Services in whole or in part, all without any prior notice or any liability to you or any other person, and you agree to comply with all such measures.
13. General
These Terms shall be governed by and construed in accordance with the laws of the province of Ontario, without giving effect to its conflict of law provisions. You agree that you will bring any claim or cause of action arising out of these Terms, your use of the Services or any purchase made via the Services in the courts located within Toronto, Ontario, and you also agree to submit to the personal and non-exclusive jurisdiction of those courts. If any provision contained in these Terms is determined unenforceable, then such provision will be severed and replaced with a new provision that most closely reflects the intent of the original provision, and the remaining provisions of these Terms will remain in full force and effect. No waiver of any provision of these Terms shall be effective except pursuant to a written instrument signed by us expressly waiving compliance, and any such waiver shall be effective only in the specific instance and for the specific purpose stated in such writing. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms and/or your use of the Services. You may not assign any right, interest, or benefit provided under these Terms or the Services without our express prior written consent. These Terms set forth the entire agreement between you and us, and supersede any and all prior communications, agreements and proposals, whether electronic, oral or written, between you and us with respect to the Services. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and/or your use of the Services to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The parties have expressly required that these Terms and all other related documents be drawn up in the English language. Les parties ont expressément exigé que ces conditions d’utilisation et tous les documents qui s’y rapportent soient rédigés en anglais.
14. Contact Us
If you have any questions, complaints or claims in respect of the Services, we can be reached by e-mail at getclean@whoosh.com.
Updated: December 23, 2015