Terms of Use (Last updated 17 October 2023)

When you use our website and/or application (Services) you agree to TooCan’s (“us”, “we”, “our”) terms of use (Terms) set out below.

You agree that by clicking “Join Now”, “Sign Up” or similar, or by registering, accessing, viewing or using our Services you are agreeing to enter into a legally binding contract with us (even if you are using our Services on behalf of a company). If you do not agree to these terms do not access or otherwise use any of our Services. If you wish to terminate this contract, you can do so by closing your account and no longer accessing or using our Services.

As a Visitor or Member of our Services, the collection, use and sharing of your personal data is subject to these Terms and to our Privacy Policy and Cookie Policy and their associated updates. Users that have a profile or subscription for our Services are “Members” and unregistered users are “Visitors”. This Contract applies to Members and Visitors.

We may modify these Terms, our Privacy Policy and our Cookies Policy from time to time. If we make material changes to it, we will provide you notice through our Services, or by other means, to provide you the opportunity to review the changes before they become effective. Your continued use of our Services after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms as of their effective date.

Your Account and Use of the Services

You agree that to use the Services:

• you must be at least eighteen (18) years of age or older;
• you will only have one account, which must be in your real name;
• you are not already restricted by us from using the Services;
• you must keep your password confidential and secure;
• you must not share your account and you must comply with these terms and the law.

You further agree that you will:

• Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
• Provide accurate information to us and keep it updated;
• Use your real name on your profile; and
• Use the Services in a professional manner.

You agree that you will not:

• Create a false identity, misrepresent your identity, create a Member profile for anyone other than yourself (a real person), or use or attempt to use another’s account;
• Develop, support or use software, devices, scripts, robots or any other means or processes (including crawlers, browser plugins and add-ons or any other technology) to scrape the Services or otherwise copy profiles and other data from the Services;
• Override any security feature or bypass or circumvent any access controls or use limits of the Service (such as caps on keyword searches or profile views);
• Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without our consent,
• Disclose information that you do not have the consent to disclose (such as confidential information of others (including your employer));
• Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets or other proprietary rights. For example, do not copy or distribute (except through the available sharing functionality) the posts or other content of others without their permission, which they may give by posting under a Creative Commons license;
• Violate our intellectual property or other rights, including, without limitation, (i) copying or distributing our learning videos or other materials or (ii) copying or distributing our technology, unless it is released under open source licenses; (iii) using the word “TooCan” or our logos in any business name, email, or URL except as approved in writing by us.
• Post anything that contains software viruses, worms, or any other harmful code;
• Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source;
• Imply or state that you are affiliated with or endorsed by us without our express consent,
• Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Services or related data or access to the same, without our consent;
• Deep-link to our Services for any purpose other than to promote your profile or a Group on our Services, without our consent;
• Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;
• Monitor the Services’ availability, performance or functionality for any competitive purpose;
• Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
• Overlay or otherwise modify the Services or their appearance (such as by inserting elements into the Services or removing, covering, or obscuring an advertisement included on the Services);
• Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms);

Violation of the above is a violation of our terms and will result in us in either suspending or terminating your account (at our discretion). You also agree that we are not obligated to publish any information or content on our Service and can remove it with or without notice to you.

You will keep your password a secret. You are responsible for anything that happens through your account unless you close it or report misuse. As between you and others (including your employer), your account belongs to you. However, if the Services were purchased by another party for you to use (bought by your employer), the party paying for such Service has the right to control access to and get reports on your use of such paid Service; however, they do not have rights to your personal account.

We reserve the right to limit your use of the Services, including the number of your connections and your ability to contact other Members. We reserve the right to restrict, suspend, or terminate your account if you breach these Terms.

Subscription Accounts

If you subscribe to our paid Service, the subscription amount that appears when you purchase your subscription is the price that applies to you. There may also be additional terms and conditions that apply to you, which you will be asked to accept when you confirm your subscription (at the time of payment). You understand that there may be fees and taxes that are in addition to the price listed.

You agree that:

• Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
• Our third party payment supplier may store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your Services and to use to pay other Services you may buy.
• If you purchase a subscription, your payment method automatically will be charged at the start of each subscription period for the fees and taxes applicable to that period. To avoid future monthly charges, cancel before the renewal date.
• We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.
• Failure to pay your fees will result in the termination of your Account;

You agree that we will provide notices and messages to you either within the Service, or to the email address that you have provided.  You agree to keep your contact information up to date.

Your License to us

You agree to only provide content or information that does not violate the law or anyone’s rights (including intellectual property rights).

You own all of the content, feedback and personal information you provide to us, but you also grant us a non-exclusive, worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish and process, information and content that you provide through our Services and the services of others, without any further consent, notice and/or compensation to you or others.

By submitting suggestions or other feedback regarding our Services you agree that we may use and share such feedback for any purpose without compensation to you.

Service Availability

We may change or end any Service or modify our prices prospectively. We may change, suspend or discontinue any of our Services. We may also modify our prices effective prospectively upon reasonable notice to the extent allowed under the law.

You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy.

Your use of others’ content and information posted on our Services, is at your own risk. Others may offer their own products and services through our Services, and we aren’t responsible for those third-party activities.

By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. You agree that we are not responsible for others’ (including other Members’) content or information. We cannot always prevent this misuse of our Services, and you agree that we are not responsible for any such misuse.

We may help connect Members offering their services with Members seeking services.

You acknowledge that we do not supervise, direct, control or monitor Members or Visitors in the performance of these services and agree that we:

• are not responsible for the offering, performance or procurement of these services;
• we do not endorse any particular Member’s offered services, and;
• nothing shall create an employment, agency, or joint venture relationship between us and any Member offering services.
• If you are a Member offering services, you represent and warrant that you have all the required licenses and will provide services.

Our Intellectual Property Rights

We reserve all of our intellectual property rights in the Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners.

Disclaimer and Limit of Liability

No Warranty

This is our disclaimer of legal liability for the quality, safety, or reliability of our Services.

WE MAKE NO REPRESENTATION OR WARRANTY ABOUT THE SERVICES, INCLUDING ANY REPRESENTATION THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND PROVIDE THE SERVICES (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE DISCLAIM ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, ACCURACY OF DATA, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Exclusion of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW WE WILL NOT BE LIABLE IN CONNECTION WITH LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, REPUTATION (E.G., OFFENSIVE OR DEFAMATORY STATEMENTS), LOSS OF DATA (E.G., DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT) OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES.

OUR TOTAL LIABILITY TO YOU IS LIMITED TO THE TOTAL FEES PAID OR PAYABLE BY YOU TO US FOR THE SERVICES IN THE TWELVE MONTHS PRECEDING ANY SUCH BREACH OR ALLEGED BREACH OF THESE TERMS, OR IF NO FEES HAVE BEEN PAID FOR THE SERVICES THEN $100 (AUD).

The limitations of liability above shall apply to all claims of liability (e.g., warranty, tort, negligence, contract and law).

These limitations of liability do not apply to any liability that cannot be excluded by operation of law.

Termination

Both you and we may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the Services. You will be liable for payment of fees until the end of any applicable subscription term.

Governing Law and Dispute Resolution

You and we agree that the laws of the State of South Australia shall exclusively govern any dispute relating to this Contract and/or the Services. You and TooCan agree that all claims and disputes can be brought only in Adelaide, South Australia.

General Terms

If a court with authority over this Contract finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this Contract.

This Contract (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.

If we do not act to enforce a breach of this Contract, that does not mean that we have waived its right to enforce this Contract. You may not assign or transfer this Contract (or your membership or use of Services) to anyone without our consent. However, you agree that we may assign this Contract if our business is sold, without your consent.

How To Contact Us

If you have a question about these terms please contact us at hello@toocan.com.au