ENDVR TERMS OF USE
 

Version 1.0 posted and effective as of January 9, 2019

Welcome to ENDVR, an exclusive retail sales boosting application that rewards micro-missions and learning with rewards and micro-cash payments (collectively, the “Services”) available via the ENDVR mobile application (the “App”). ENDVR is a branded product offered by NewKnow Inc.

In these Terms of Use, “you” and “your” refer to you, the individual who has downloaded the App and/or is using the Services. “We”, “us” and “our” refers to NewKnow Inc. “Brand Partner” refers to third party product manufacturers or service providers who sponsor training programs and missions that you can complete to earn rewards.

 

These Terms of Use, together with the ENDVR Privacy Policy, 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

Not everyone is eligible to download the App and use the Services. Please verify that you are eligible before doing so.

The App and Services are intended only for use by individuals who are employed part-time or full-time as customer-facing retail personnel at a qualifying retailer. The Apps and Services are intended to be used by these individuals as part of their professional development and commercial careers. The App and Services are not intended for consumer or household use.

You may only download the App if you are employed as a sales associate or other consumer-facing retail employee at a qualifying retailer. If you leave your job or change jobs to a non-eligible position, you must immediately uninstall the App and cease using 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, as fully detailed in our privacy policy.

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. We cannot accept any responsibility for such problems.

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 our 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. Or a Brand Partner might 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 can update anytime in the app. You alone are responsible for keeping that password confidential, 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. 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, or terminated these Terms with you, you may not create new accounts. Any attempt to circumvent this rule will result in the immediate termination of your new account upon discovery.

4. Permitted Use; Brand Partner Programs and Missions

The Services are provided solely to allow you to find and participate in training programs and missions offered by Brand Partners (“Permitted Use”). Successful completion of these programs or missions will allow you to gain rewards such as reduced-price products, exclusive offers, and cash payments, depending on the program/mission and the Brand Partner. More information about awards is found in section 6, below.

 

Not everyone 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 you are not eligible for a given training program or mission, you will not be able to see it or participate or claim any associated reward.

 

The precise details of these training programs and missions, as well as the rewards offered by the Brand Partner, will be shown to you via the App as part of signing up for a given program or mission. You will be required to agree to third party 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 use the Services for purposes other than the permitted uses set out in section 4. In particular, and without limiting the generality of the foregoing, you may not (and may not attempt to):

  1. sub-license, sell, rent, or distribute the Services or any intellectual property rights therein;

  2. 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;

  3. use the Services to create, collect, transmit, store, use, or process any Content that:

    1. 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;

    2. you do not have the lawful right to create, collect, transmit, store, use, or process;

    3. constitutes unsolicited or unauthorized advertising, “spam” or any electronic commercial message under Canada’s Anti-spam Law;

    4. 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);

  4. make any modifications to the Services;

  5. reverse engineer, de-compile or disassemble the Services;

  6. 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 tool;

  7. 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;

  8. 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 make you eligible to receive rewards. In general, these rewards will take one of two forms: (1) discounted merchandise, and (2) cash rewards

 

For discounted merchandise, the type of merchandise offered and the price will be listed in the training program or mission. Purchases will be made through the ENDVR.io application, and fulfilled directly by the Brand Partner for shipping to your place of work . No other shipping address will be accepted. We do this in order to ensure that only genuine retail employees are accessing the rewards.

 

For cash rewards, these rewards will be credited to your account and held by us pending your request to withdraw the funds. Withdrawals may be made only via PayPal to PayPal transfer, which means that you must have a PayPal account in order to make a withdrawal. Beyond that, there are no restrictions on withdrawals, and in particular, we do not impose any minimum  amount that you must earn before you can make a withdrawal, although any withdrawal must meet the minimum transfer amount allowed by PayPal at the relevant time (for example, if PayPal will only allow transfers of at least $1.00, then you must earn at least that amount before you can make a withdrawal). You are responsible for paying all PayPal fees or other transfer fees or costs (including exchange rate costs) associated with a withdrawal request. No interest is payable on funds credited to your account.

 

You are responsible for calculating and paying all applicable taxes on the rewards that you earn through ENDVR, including sales taxes, income taxes, and any other tax, levy, or fee.

7. Intellectual Property

     a) Ownership and Limited License

The App and Services are owned by us. We or our licensors (including Brand Partners) retain all ownership and intellectual property rights in and to: (i) the App and Services; (ii) any and all digital content, data, graphics, photographs, images, audio, video, software, , and other files (“Content”); contained in the App or 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 (“Modifications”), to the foregoing. Our Brand Partners or their licensors are the owners of all Content contained in their programs.

 

We grant to you a limited, revocable, non-exclusive, non-transferable, non-assignable license 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 section 4 and for no other purpose. we reserve all rights not expressly licensed to you under these Terms.

 

If you create or share Content as part of a mission or training program, you grant us and the Brand Partner sponsoring that mission or training program a royalty-free, irrevocable, worldwide, transferable, sublicenceable, and perpetual licence to use the Content in any manner whatsoever, including for promotional purposes and to audit or improve the training program or mission. This licence covers any intellectual property rights (including moral rights) you might hold in the Content, as well as any image, likeness, personality, and publicity rights

     b) Feedback

We own all right, title, and interest in and to any suggestions, requests or recommendations for improvements or enhancement 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 to us; and (ii) waive in favour of us, our successors, assigns, and licensees any and all moral rights that you have or may have in the Feedback and agree to provide us with such assistance as it may require to document, perfect, and maintain our rights to the Feedback.

8. Changes to these Terms and Termination

We reserve the right, at any time (i) to make changes to the App or 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. Any amendments to these Terms of Use will take effect when posted to the ENDVR website or App. It is your responsibility to review these Terms of Use regularly. By continuing your use of the Services after the amendments to these Terms of Use are posted, you will be deemed to have accepted such amendments.

 

If the event that these Terms of Use are terminated, whether under this section or under any other, the legal effects of sections 3, 5, 6, 8, 9 and 11 survive termination. The legal effects of sections 12 and 13 following termination are determined by the Apple and Google contracts to which they refer.

 

If we terminate your account or these Terms of Use due to your misconduct, or because you falsely claimed to be a customer-facing retail employee at a qualifying retailer, then you will forfeit any funds that are credited to you 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.

9. Disclaimer of Warranties

THE SERVICES AND APP PROVIDED ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIMS, ON ITS BEHALF AND ON BEHALF OF ITS BRAND PARTNERS, AFFILIATES, SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, 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.

 

10. 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.

11. 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 use of the Services contrary to sections 4-5 or any breach of these Terms or any use of the Service (permitted or not) if you were not eligible to use the Service under section 1.

12. 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 (as amended from time to time) constitute the entire agreement between you and us regarding the App or Services. These Terms of Use (and any amendments) replace and supersede any previous or existing agreement, contract, understanding, or representation regarding the App or Services.

 

For clarity, your participation in the programs offered by Brand Partners will be subject to additional terms and conditions determined by the Brand Partner offering that program.

     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 privacy and data practices when you use the Services. Please review our Privacy Policy carefully. By using the Services, you consent to the data practices set out in the Privacy Policy

 

     f) Third Party Beneficiaries

Our Brand Partners are third party beneficiaries of clauses 1, 4, 5, 6, 8, 9, 10.

     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.

 

13. Contact Us

If you would like to request additional information regarding these Terms of Use, or have any questions, complaints, or claims with respect to the ENDVR website or mobile application, please contact us at:

 

NewKnow Inc. (ENDVR.io)
5530 Saint-Patrick, Suite 2121
Montreal, Quebec

H4E 1A8
hello@endvr.io

Contact us
Company

hello@endvr.io

5530 Rue Saint-Patrick,

Suite 2121

Montreal, QC, H4E 1A8

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