Version 2.0 posted and effective as of March 31, 2020
Welcome to ENDVR, an exclusive retail sales boosting applications that rewards micro-missions and learning with rewards and micro-cash payments available via the ENDVR mobile application (the “App”), we also offer a web application for brand partners to manage their missions (the “Web App”). The App, the Web App and related services are referred to as the “Services”.
ENDVR is a branded product offered by NewKnow Inc. If you would like to request additional information regarding these Terms of Use, or have any questions, complaints, or claims with respect to the Services, please contact us at:
NewKnow Inc. (ENDVR.io)
5524 Saint-Patrick, Suite 325
Montreal, Quebec
H4E 1A8
hello@endvr.io
These Terms of Use are between you, and us. You may qualify as a Brand Partner Authorized User, a Sale Associate or both, in some cases. These Terms of Use govern your use of the Services. They constitute a legally binding contract between you and us.
BY DOWNLOADING THE APP AND USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU MEET THE ELIGIBILITY REQUIREMENTS IN SECTION 1 AND THAT YOU HAVE READ, ACCEPT, AND AGREE TO BE BOUND BY THESE TERMS OF USE (AS MODIFIED FROM TIME TO TIME IN ACCORDANCE WITH SECTION 7). IF YOU DO NOT MEET THE ELIGIBILITY REQUIREMENTS OR DO NOT AGREE TO BE BOUND BY TERMS OF USE, YOU MUST NOT DOWNLOAD THE APP OR USE THE SERVICES.
1.Who Can Download the App and Use the Services
The Services are not intended for everyone.
“Brand Partner” refers to third party product manufacturers or service providers who sponsor training programs and missions that you can complete to earn rewards, including third parties that have subscribed to the ENDVR Plus services. The Web App is intended for use by employees and authorized users of Brand Partners (“Brand Partner Authorized Users”).
The App is intended only for use by individuals who are employed part-time or full-time as sales associates or otherwise involved in the sale of products to customers, including as a store manager or brand representative (a “Sales Associates”) and by Brand Partner Authorized Users (together, the “End Users”)
Our Services are intended to be used by professionals as part of their commercial careers, and are not intended for consumer or household use. If you cease to qualify as an End User, you must cease to use the Services. However, any rewards earned before that time may be claimed as usual.
By downloading the App and using the Services, you represent and warrant that you are a qualifying individual as described above.
Be advised that we reserve the right to verify the eligibility of all individuals who download the App or use the Services. We reserve our rights to suspend any End Users that do not comply with the eligibility requirements.
2. Responsibilities for You, Us, and Brand Partners
It is important to understand the respective roles and responsibilities for you and us, as well as the role of Brand Partners in the ENDVR program.
You are responsible for providing your own phone or other mobile device which can run the App. You are also responsible for keeping the App updated to the latest version. Failure to use the latest version of the App, or compatible hardware may make it impossible for you to access or fully benefit from the Services. New versions may also include important security patches and updates. If you don’t update the App, we are not responsible for any damages or liabilities resulting from your use of an outdated version.
You are also responsible for providing a stable internet or other telecommunications connection. If your device is not connected to Wifi, your use of the Services will consume data, and you may be charged for this data, depending on the details of your device’s plan. We are not responsible for these costs, nor are the Brand Partners. These are your costs to manage as you see fit.
Brand Partners are responsible for developing training programs and missions, as well as providing you with the rewards for completing these training programs and missions. In exchange for your participation in training programs or missions, Brand Partners will provide you with rewards. More information about Brand Partners, training programs, missions, and rewards is provided in section 4, below.
We are responsible for making the App available to you for download and for taking commercially reasonable steps to make the Services available via the App. We are not responsible for the creation, content, or administration of the programs offered by Brand Partners. We are merely an intermediary that connects you with Brand Partners. Where a program or mission is offered by a Brand Partner, we do not create or run that program or mission, nor do we offer the rewards.
However, sometimes we will offer our own ENDVR-branded programs or missions, either as a recruitment or referral tool, to gather product feedback, etc. A Brand Partner might also hire us to design missions or programs for them, or we might offer a program or mission to a Brand Partner as a promotional tool. In these cases, we are the content provider, either instead of, or in collaboration with, the Brand Partner.
3. Registration and Passwords
To use the Services, you must register an account and provide certain information about yourself as prompted by the registration form. You represent and warrant that: (a) all required registration information you submit is truthful, complete, and accurate; (b) you will update this information as required to maintain its accuracy; and (c) your use of the Services does not violate any applicable law or regulation or these Terms of Use.
Upon registration, you will be automatically given a temporary password which you will need to update to a new personalized password. You alone are responsible for keeping that password confidential, for updating this password, and for any and all activity that occurs on the Services under your account. You agree to promptly notify us of any actual or suspected unauthorized use of your account and to change your password immediately if it was compromised. When you provide us with such notice, we reserve the right to suspend, deactivate, or replace your account to prevent future unauthorized activity.
If we have deleted or suspended your account due to a breach of these Terms, or terminated these Terms with you for cause, you may not create new accounts. Any attempt to circumvent this rule will result in the immediate termination of your new account upon discovery and forfeiture of any rewards or cash prizes earned in the new account.
4. Brand Partner Programs and Missions
Subject to these Terms of Use and to any usage rules or terms and conditions enforced by Apple or Google, as applicable (the “App Store Usage Rules”), the App is provided solely to allow Sales Associates to find and participate in training programs and missions offered by Brand Partners. Successful completion of these programs or missions allows Sales Associates to gain rewards such as reduced-price products, exclusive offers, and cash payments, depending on the programs or missions and the Brand Partner. More information about rewards is found in section 6, below.
Not every Sales Associate qualifies for all of the training programs and missions offered by Brand Partners. By way of example only, a Brand Partner selling ski equipment may make its training programs and missions available only to certain stores that sell ski equipment. If a Sale Associate is not eligible for a given training program or mission, the Sale Associate may not be able to see it or participate in such program or mission or claim any associated reward.
Sales Associates may be required to agree to Brand Partners’ terms and conditions as a condition to join these training programs and missions. Those terms and conditions will apply in addition to these Terms of Use. Those terms and conditions are a separate legal contract between you and the Brand Partner. We are not a party to this separate contract.
5. Prohibited Use
You may not (and may not attempt to):
(a) sublicence, sell, rent, or distribute the Services or any intellectual property rights therein;
(b) gain unauthorized access to the Services or to other computer systems or networks connected to the Services through any means, or otherwise use or access the Services in a manner that threatens the security or functionality of the Services;
(c) use the Services to create, collect, transmit, store, use, or process any Content that:
(i) contains any computer viruses, worms, time bombs, Trojan horses; or other harmful or malicious code, files, scripts, agents, or programs intended to damage or alter a computer system or data;
(ii) you do not have the lawful right to create, collect, transmit, store, use, or process;
(iii) constitutes unsolicited or unauthorized advertising, “spam” or any electronic commercial message under Canada’s Anti-spam Law;
(iv) violates any applicable laws, or infringes, violates, or otherwise misappropriates the intellectual property or other rights of any third party (including any moral right, privacy right, image right, or right of publicity);
(d) make any modifications to the Services;
(e) harvest or otherwise collect, use, store, or disclose any information (including personal information) about other users of the Services without the consent of such users, including through the use of a robot, spider, scraper, deep link, or other similar automated data gathering or extraction tools;
(f) create a false identity, impersonate any person, misrepresent your affiliation with a person or entity, including misrepresenting your employment status, employer, or the nature of your position so as to falsely appear to qualify as an individual who can access the Services or participate in a specific program offered by a Brand Partner;
(g) authorize or assist any third party to do any of the things described in this section 5.
6. Rewards
Successful completion of training programs and missions will allow Sales Associates to be eligible to receive rewards. Rewards may take different forms depending on Brand Partners, such as discounted merchandise, cash rewards and single-use discount codes. Each Brand Partner is responsible for determining their rewards, and for shipping such rewards. Brand Partners may have additional terms and conditions regarding rewards and shipping.
If a Sales Associate has earned cash rewards, they will be credited to the Sales Associate’s account. Sales Associate may cash their rewards using any of the methods we make available to them, including through PayPal. We reserve our rights to impose minimal cashing out threshold for cash rewards as set forth in the policies that we make available to Sales Associate from time to time. These policies may vary depending on Sales Associates’ location and on the financial partners that are involved in the transaction.
Some of our financial partners may also have their own minimum requirements for cashing out. You are responsible for complying with these financial partners’ terms and conditions, including for setting up your own account with them to receive cash rewards. You are responsible for any fees imposed by our financial partners when cashing out your rewards, such as transaction fees.
Sales Associates are responsible for calculating and paying all applicable taxes on the rewards that they earn through the Services, including sales taxes, income taxes, and any other tax, levy, or fees. Notwithstanding the foregoing, we may be required to collect taxes directly from Sales Associate as a result of applicable laws or the administration thereof, in which case, Sales Associate agree to pay such taxes.
7. Intellectual Property
a) Ownership
The Services are owned by us. We or our licensors (including Brand Partners) retain all ownership and intellectual property rights in and to: (i) the Services (including any underlying technology); (ii) any and all digital content, data, graphics, photographs, images, audio, video, software, and other files (“Content”); contained in the Services (iii) anything developed or delivered by us or on our behalf under these Terms of Use; and (iv) any improvements, customizations, updates, patches, compilations, derivative works, translations and adaptations (“Improvements”), to the foregoing. Our Brand Partners or their licensors are the owners of their respective intellectual property.
We own all right, title, and interest in and to any suggestions, requests or recommendations for improvements or enhancements to the Services or other feedback that you may propose or make while subject to these Terms of Use or which you and us may jointly make while subject to these Terms of Use (collectively, “Feedback”).
You hereby irrevocably (i) assign all right, title, and interest in and to the Feedback and Content to us; and (ii)waive in favour of us, our successors, Brand Partners, assigns, and licensees any and all moral rights that you have or may have in the Feedback and Content and agree to provide us with such assistance as it may require to document, perfect, and maintain our rights to the Feedback and Content. You understand and agree that we and the Brand Partners may use the Content and Feedback for any purposes (subject to applicable laws), including for marketing purposes.
We are solely responsible for the Services, as well as the Content. Neither Apple nor Google is responsible or party to these Terms of Use. These Terms of Use govern our Services (including the App and the Content), as well as any Improvement, unless such Improvement is accompanied by custom Terms of Use.
Subject to these Terms of Use, we grant to you a limited, revocable, non-exclusive, non-transferable, non-assignable licence to access and use the Services, and to download and install a single copy of the App in connection with your use of the Services, solely for the uses permitted under these Terms of Use and for no other purpose, the whole to the extent permitted by the App Store Usage Rules. We reserve all rights not expressly licensed to you under these Terms of Use. Your licence to use the App on Apple iOS is limited to a non-transferable licence to use the App on an iOS product that you own or control, except and as permitted by the Apple App Store Usage Rules.
Except as permitted by the App Store Usage Rules, you may not distribute or make the App available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense our App and, if you sell your device to a third party, you must remove our App from your device before doing so. You may not copy (except as permitted by these Terms of Use or the App Store Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Apps, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing any open-sourced components included with the App).
8. Maintenance and Support
We are solely responsible for providing any maintenance and support services with respect to our Services, as specified in these Terms of Use or as required under applicable laws. Neither Apple, Google or any third party has any obligation whatsoever to furnish any maintenance and support services with respect to our App or Services.
We currently offer support through a live chat, as well as through e-mails at help@endvr.io. Tickets are prioritized based on the severity of the incidents and troubles reported. We reserve our right to change how we offer support to you and to change the content of our website regarding our support services at any time, with or without notice to you, and you agree that we have no liability for doing so.
Any Improvements provided by us are subject to these Terms of Use. Improvements are provided when available, at our sole discretion, and may include bug fixes, security updates, new features, enhancements to existing features, and/or performance enhancements to existing features. Some Improvements such as new applications, new third-party tools or new functionalities may be subject to additional terms and conditions as well as additional fees, as indicated by us in our discretion. Once an Improvement is released, it is your responsibility to update the App diligently. We may not support previous versions of our App, and we have no liability or responsibility for supporting and maintaining prior versions, including for security patches. Updating your App to the newest version is important to ensure the security of your account and personal information. If you fail to do so diligently and promptly, we will have no liability towards you for any damages resulting from your failure to update to the latest version of the App.
9. Disclaimer of Warranties
EXCEPT AS SET FORTH IN THESE TERMS OF USE, THE SERVICES ARE PROVIDED “AS IS”, “WHERE IS”, AND “AS AVAILABLE”. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AFFILIATES, SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, HEREBY DISCLAIM ALL EXPRESS, IMPLIED, COLLATERAL, OR STATUTORY WARRANTIES, REPRESENTATIONS, CONDITIONS, AND GUARANTEES, INCLUDING THOSE RELATED TO MERCHANTABILITY, MERCHANTABLE QUALITY, COMPATIBILITY, TITLE, NON-INFRINGEMENT, SECURITY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, ACCURACY, QUALITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE OR USE REGARDING THE SERVICES.
WE DO NOT WARRANT THE SERVICES ARE FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. WE DO NOT GUARANTEE THAT ANY INFORMATION, PERSONAL OR OTHERWISE, SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
BRAND PARTNERS ARE RESPONSIBLE FOR THEIR OWN COMPLIANCE WITH PRIVACY LAWS AND FOR THEIR OWN PRACTICES REGARDING YOUR PERSONAL INFORMATION. WE ARE NOT RESPONSIBLE FOR HOW BRAND PARTNERS HANDLE YOUR PERSONAL INFORMATION.
For the avoidance of doubt, neither Apple nor Google is responsible for any product warranties, whether express or implied by law. In the event of any failure of the iOS version of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iOS App to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS version of the App, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warrant, which will be our sole responsibility, to the extent it cannot be disclaimed under applicable law or these Terms.
We and you acknowledge that we, not Apple, is responsible for addressing any claims of you or any third party relating to the iOS version of the App or your possession and/or use of that iOS version of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS version of the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
10. Representations and Warranties
You represent and warrant to us that (i) you are at least 17 years of age and eligible to use the Services as set forth under section 1 hereof and (ii) your access and use of the Services will be in accordance with these Terms of Use and with all applicable laws.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO ANY USER FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE APP OR USE OF THE SERVICES REGARDLESS OF CAUSE OF ACTION OR THE THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR GROSS NEGLIGENCE), EXTRA-CONTRACTUAL LIABILITY, OR OTHERWISE, AND EVEN IF NOTIFIED IN ADVANCE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
12. Indemnification
You agree to indemnify and hold harmless us and our officers, directors, employees, agents, and affiliated companies against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including reasonable legal and accounting fees caused by your breach of these Terms of Use.
If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favour at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
13. Changes to the Terms of Use; Changes to the Services
We reserve the right, at any time, with or without notice, (i) to make changes to the Services or to correct any errors or omissions in any portion of the Services; (ii) to amend these Terms of Use; and (iii) to discontinue the Services (or any part thereof), temporarily or permanently; (iv) terminate these Terms of Use. Notwithstanding the foregoing, we shall have no duty to correct any errors or omissions, except as set forth in these Terms of Use or pursuant to applicable laws. We determine the Content and the functionalities of the Services at our sole discretion.
Any changes to these Terms of Use will take effect upon being shared with End Users, such as through e-mails or through a notice when you connect to the App or Web App. If you continue to use the Services after we posted this notice or notified you by e-mail or otherwise, you will be deemed to have accepted such amendments. You can end these Terms of Use at any time by deleting your accounts or ceasing to use the Services.
14. Termination
We can terminate the Services at any time. We will make commercially reasonable efforts to notify you in advance should we decide to discontinue the Services. We disclaim any liability for any inconvenience.
If the event that these Terms of Use are terminated, for any reason, sections 3, 5, 7, 9, 11 and 16 will survive termination of these Terms of Use.
We can terminate your access and use of the Services at any time if you breach these Terms of Use, or applicable laws. In this case, Sales Associate agree to forfeit any cash rewards that are credited to their accounts but not yet paid at the moment of termination. We also reserve the right to cancel any pending order for discounted merchandise, including a stop shipment order on merchandise in transit. If we do so, you forfeit the right to receive the merchandise and have no right to a refund.
15. Export Control
You may not use or otherwise export or re-export our Services except as authorized by applicable laws, including those of Canada and the United States. Our Services may not be exported or re-exported (a) into any United States or Canadian embargoed countries or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List, or to any similar lists in Canada.
You represent and warrant that (i) you are not located in a country that is subject to a United States or Canadian Government embargo, or that has been designated by either country as a “terrorist supporting” country or any similar nomenclature and (ii) you are not listed on any United States, or Canadian Government list of prohibited or restricted parties.
You also agree that you will not use our Services for any purposes prohibited by applicable laws, including, without limitation, the development, design, manufacture, or production of nuclear, missiles, or chemical or biological weapons.
Our App (and its related documentation) is a “Commercial Item”, as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to the United States. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
16. General
a) Applicable Law and Forum
These Terms of Use are governed by the laws of the Province of Ontario and the laws of Canada applicable therein, and each party further consents to the exclusive jurisdiction of the courts of Quebec, judicial district of Montreal.
b) Jury Trial Waiver
ALL DISPUTES ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES SHALL BE DETERMINED BY A JUDGE-ALONE TRIAL. YOU AND US IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY WHICH MIGHT EXIST IN ANY FORUM.
c) Entire Agreement
These Terms of Use constitute the entire agreement between you and us regarding the Services. These Terms of Use replace and supersede any previous or existing agreement, contract, understanding, or representation regarding the Services.
d) Assignment
You may not assign any of your rights arising under these Terms of Use without our written consent.
e) Privacy Policy
The ENDVR Privacy Policy sets out a description of our how we process your personal information and our privacy practices when you use the Services. Please review our Privacy Policy carefully. Brand Partners process your personal information based on their own privacy policies. We recommend that you read them before submitting your personal information to them through missions or otherwise.
f) Third Party Beneficiaries
Brand Partners are third party beneficiaries of clauses 1, 4, 5, 7, 9, 11, 12, 15 and 16. Apple and Google are third party beneficiaries to these Terms of Use, and upon your acceptance of these Terms of Use, Apple and Google (and their respective subsidiaries) will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third-party beneficiary thereof.
g) Language
The parties have expressly requested and required that these Terms of Use and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressément que ce contrat et tous les documents qui s’y rapportent soient rédigés en anglais.