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BUNZ PLATFORM TERMS OF USE

Last Revised:

1.   Agreement

2745091 Ontario Inc. (hereinafter referred to as “us”, “we” and/or “BUNZ”) welcomes you to our website at https://bunz.com (the “Site”). As described in more detail below, the Site offers a platform through which you may engage in the trading or bartering of items with other users, and which allows you to earn and use BTZ Tokens (defined below) in accordance with these Terms.

By accessing and using this Site, or our mobile application (our ”Application”) or collecting BTZ Tokens (collectively our ”Services”), you signify that you have read, fully understand and agree to be legally bound by these Terms of Use (the ”Terms” or ”Agreement”) and to comply with all applicable laws and regulations as they may change from time to time.

IF YOU DO NOT ACCEPT AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH THESE TERMS, YOU ARE NOT PERMITTED TO ACCESS OR USE THE SERVICES. We suggest you print a copy of these Terms for your records.

Subject to applicable law, as set out in Section 20 below, we reserve the right, in our sole and absolute discretion, to modify all or any portion of this Agreement at any time without incurring any liability or obligation whatsoever to you or any other person or entity.

You hereby acknowledge and agree that we reserve the right at any time to discontinue the whole, or any part of, the Site, or the Services, without notice, and that we will not be responsible or liable, directly or indirectly, to you or any other person or entity for any loss or damage of any kind incurred as a result of any such modifications or discontinuance. If we discontinue the Services, any previously issued BTZ Tokens will be void.

You are responsible for honouring the terms of any transactions that you take part in through our Services. BUNZ is not directly involved in transactions between users and cannot provide any assurance that with respect to commitments, representations, or warranties made by users of our Services. We do not confirm a user’s purported identity or control the content posted by users to our Services and make no representations or warranties regarding the items or services offered by any user. BUNZ reserves the right to remove any content on the Services, at any time and without notice, in its sole discretion. It is your responsibility to evaluate the accuracy, completeness, truthfulness and other characteristics of items or services offered by users through our Services, as well as what you wish to offer in trade for such items.

2.   Eligibility

To register for and use the Site, you must: i) be of the legal age of majority in the jurisdiction in which you reside, and ii) able to form legally binding contracts.

3.   Registration and Account Security; User Verification

Certain features and/or portions of the Services are password-protected and require you to complete a registration process and create an account (“Account”) in order to obtain access and/or participate. The email address you provided will be how you access your BUNZ Account, if you registered using this method. You may connect to the Services using a third-party service (e.g., Facebook), in which case you give us permission to access, store, and use your information from such service as permitted by that service and as may be described in our Privacy Policy.

When registering with us to use any such features and/or portions of the Services, you agree: (i) that you will provide complete and accurate information about yourself; and (ii) to update such information as it changes. In the event that you do not provide or update such information, or we have reasonable grounds to suspect that you have not provided or updated such information, we shall have the right, in our sole and absolute discretion, to disable your password and prevent you from using the Services, or any such features or portions of the Services.

It is your responsibility to keep the password provided to you confidential and secure. In the event that your username or password is used without your consent or that you discover any other breach of security, you agree to promptly notify us at hello@bunz.com.

All users are subject to verification at any time and for any reason. BUNZ reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to BUNZ including, without limitation, government issued photo identification): (i) for the purposes of verifying an individual’s eligibility to participate in the Services; (ii) for the purposes of verifying the eligibility and/or legitimacy of any information for the purposes of an Account and/or the Services; and/or (iii) for any other reason BUNZ deems necessary, in its sole and absolute discretion, for the purposes of administering the Services in accordance with BUNZ’s interpretation of the spirit of these Terms. Failure to provide such proof to the complete satisfaction of BUNZ within the timeline specified by BUNZ, may result in disqualification from the Services in the sole and absolute discretion of BUNZ. Proof of transmission (screenshots or captures etc.), or attempted transmission of any communication, does not constitute proof of delivery or receipt BUNZ. The sole determinant of the time for the purposes of the Services will be the official time-keeping device(s) used by BUNZ.

We are not responsible for your failure to comply with this clause, or for any delay in shutting down your Account after you have reported a breach of security to us. You are solely responsible for any and all activities which occur under your user Account.

4.   Bartering Platform

The Site allows registered users to post advertisements for goods or services that they wish to offer for trade to other users (trading goods or services with another user is an “Exchange”). All such offers are made by the applicable user, and not by BUNZ. Subject to these Terms, you and any user with whom you choose to trade, are solely responsible for the terms of your exchange, including without limitation, the goods or services exchanged, any delivery or pick-up/drop off arrangements, and the timing of any of the foregoing. For example, you may choose to exchange goods or services for other goods or services offered by another user on the Services, or you may choose to provide goods or services in exchange for BTZ Tokens.

The terms of any such exchange (for example, the goods or services exchanged or the number of BTZ Tokens exchanged) are determined solely by you and the user with whom you are trading- not by BUNZ. BUNZ is not responsible for, and cannot enforce the terms of, any exchange or trade you choose to make using the Services. BUNZ does not arrange and cannot facilitate delivery of any items or exchanges, nor is it responsible for their loss or destruction. Further, BUNZ is not able to offer any rights of cancellation, return, exchange or refund in respect of any such transactions.

BTZ Token Exchange Deduction.

If you choose to use BTZ Tokens for an Exchange, BUNZ will deduct the amount of BTZ Tokens you agree with the other user with whom you are transacting from your BUNZ wallet, plus up to 12% percent of the total. For example, if you and another user agree to exchange 100 BTZ Tokens for an item, BUNZ will deduct up to 112 BTZ Tokens from your Wallet, and transfer 100 of those BTZ Tokens to the user to receive them as part of your Exchange.

As such, if you make an Exchange using BTZ Tokens you must have in your Wallet the number of BTZ Tokens you agree to Exchange, PLUS up to 12%. If you do not, you will not be able to conduct such Exchange using the Services.

BUNZ reserves the right in its sole discretion to change the percentage of BTZ Tokens that are deducted from your Wallet for a given transaction. For example, the percentage may change for specific periods of time, or for specific groups of users. For example, we may in the future create different user tiers which are offered different percentage deductions. Prior to a transaction, you will be told the percentage of the total transaction that will be deducted from your wallet, and the total number of BTZ Tokens to be deducted.

Restrictions on Exchanges and the Use of the Platform.

The Services are only intended for Exchanges in which goods or services are bartered for other goods or services, or exchanged for BTZ Tokens. It is strictly prohibited to use the Services for Exchanges involving cash or currency. For certianty, this does not prohibit Exchanges involving gift cards, provided the gift card is not for a good or service otherwise prohibited by these Terms, and that the gift card is not exchanged for cash through the platform.

If you offer or accept cash or any currency for any Services or Exchanges on the platform, BUNZ may, in its sole and absolute discretion, terminate your Account. Use of the Services to offer or procure illegal, unsafe, or other restricted goods is strictly prohibited. You are prohibited from offering or procuring and BUNZ reserves the right, in its sole discretion, to refuse to provide the Services in respect of any product or service, including but not limited to: illicit drugs or drug paraphernalia, firearms and weapons, live animals, fireworks and explosives, human body parts or fluids, hazardous products or materials, alcohol, cannabis or cannabis products, prescription drugs, illegal wildlife products, lottery tickets, stocks or securities, and/or any other good or service that is prohibited under applicable laws or that possession of which may reasonably pose a hazard to human health or safety. You may not post content that discriminates against other users in a manner prohibited by applicable law.

BUNZ reserves the right in its sole discretion to change or place additional restrictions on the Exchanges that may occur on its platform, or on the platform more broadly. For example, we may in the future create different user tiers which may enter Exchanges only with other users in their own tier, and we may prohibit further goods or services from the platform. The features of the platform, and Exchanges on it, including without limitation the available tiers may differ in different locations.

5.   BTZ Tokens

BUNZ may make available virtual BTZ Tokens to its users, sponsors and/or other members of the BUNZ community (“BTZ Tokens”).

  1.   Earning BTZ Tokens
  2. To collect and use BTZ Tokens, you must have a valid BUNZ Account and an active BUNZ Wallet, with the number of BTZ Tokens for the transaction you wish to enter.

    BUNZ may, or may in its sole discretion allow BUNZ sponsors to, distribute BTZ Tokens to users from time to time, including, without limitation for user activity on the platform or as part of any BUNZ promotion. For example, BUNZ may offer (each an “Offer”) BTZ Tokens for:

    • Watching a video or advertisement,
    • Answering questions provided by BUNZ or a third party such as a BUNZ sponsor,
    • Visiting the webpage of a third party such as a BUNZ sponsor, and remaining their for a specified time, or
    • Other actions or circumstances we may designate from time to time.

    The rate at which BTZ Tokens may be obtained for these Offers, and any other requirements for earning such BTZ Tokens, will be set out at the time we make them available.

    From time to time and at our sole and absolute discretion, we may also choose to offer gratuitous BTZ Tokens unrelated to any use of the Services. Such gratuitous BTZ Tokens may be subject to additional terms and conditions that we set out at the time we offer such BTZ Tokens. Subject to the applicable law, and we may specify that such gratuitous BTZ Tokens expire after a period of time.

  3.   Using BTZ Tokens
  4. BTZ Tokens may be used to barter with other BUNZ users and BUNZ partners as described in section 4 above.

    From time to time, we may also offer the ability to use BTZ Tokens in exchange for certain actions on the Site. For example, we may choose to offer you an opportunity to use BTZ Tokens for:

    • Enhancing the display of your post,
    • Reposting a post,
    • Other actions we may designate from time to time.

    If we choose to offer such options, the rate at which BTZ Tokens may be exchanged for these services, together with the terms of the services themselves, and any other requirements for earning such BTZ Tokens, will be set out at the time we make the offer.

    Any transactions made with BTZ tokens are non-refundable- regardless of whether the transaction was with BUNZ or with another user.

  5.   Restrictions, Limitations and Conditions on BTZ Tokens
  6. BTZ tokens have no cash, monetary or other value and cannot be converted into or exchanged for any currency. It is prohibited to Exchange BTZ Tokens for cash or currency.

    You may not transfer, sell, exchange, give, charge, or otherwise dispose of any BTZ tokens except in accordance with these Terms and any such conditions as we may prescribe from time to time. You are solely responsible for all taxes payable as a result of your collection and use of BTZ tokens.

    BUNZ may suspend or cancel your Account, including your BUNZ Wallet if you violate any terms in this Terms, including the Code of Conduct set out below. Further, if the Services applicable to BTZ Tokens are terminated, or if we or you terminate your Account, BUNZ Wallet, or your use of the Services, then any BTZ Tokens you have accumulated prior to such termination will be void, and you will not be entitled to any compensation for them.

6.   User Code of Conduct

Certain features and/or portions of this Site or Services may (or may in the future) permit you to upload, post or otherwise transmit content that you have created (the “User Content”). Subject to our Privacy Policy, all User Content that you post will be treated as non-confidential and non-proprietary to you and may be viewed by you and/ or other users of our Services.

In respect of any User Content you provide:

  1. You hereby agree that you shall not use the Services to upload, post, communicate or otherwise submit or transmit through, or to, the Services any User Content that:
    1. may, in the sole and absolute discretion of BUNZ, degrade, disparage, tarnish or deprecate BUNZ and/or the public image or standing in the community of BUNZ provided it is understood that this shall not be interpreted to prohibit you from expressing your true and honest experience with BUNZ or its services or products in a manner prohibited under applicable law;
    2. is deemed, in the sole and absolute discretion of BUNZ, to be defamatory, trade libelous, pornographic or obscene;
    3. is deemed, in the sole and absolute discretion of BUNZ, to contain, depict, include, discuss or involve, without limitation, any of the following: nudity; alcohol/drug consumption or smoking; explicit or graphic sexual activity, or sexual innuendo; crude, vulgar or offensive language and/ or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other groups; content that endorses, condones and/or discusses any illegal, inappropriate or risky behaviour or conduct; personal information of other individuals, including, without limitation, names,telephone numbers and addresses (physical or electronic); commercial messages, comparisons or solicitations for products or services other than products of BUNZ; any identifiable third party products, trade-marks, brands and/or logos, other than those of BUNZ; conduct or other activities in violation of these Terms; and/or any other content that is or could be considered inappropriate, unsuitable or offensive, all as determined by BUNZ in its sole and absolute discretion;
    4. contains any reference to or likeness of any identifiable third parties, unless consent has been obtained from each such individual and his/her parent/legal guardian if he/she is under the age of majority in his/her jurisdiction of residence;
    5. infringes, or might infringe, the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others or give rise to any claims for payment whatsoever;
    6. contains any viruses, trojan horses, time bombs, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
    7. is posted under a false identity, impersonates any person or entity, including, but not limited to, a BUNZ employee, or that falsely state or otherwise misrepresent your affiliation with a person or entity; and/or
    8. contains (in any format or media) any music, logos, trade-marks or other copyrighted materials (e.g. photographs, pictures, texts, lyrics, etc.) unless you have first obtained consent from the owner of such materials.
  2. You hereby agree that you shall not use the Site or the Services to:
    1. disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of the Site or Services, or any networks or servers connected to our Services;
    2. use, copy, modify, download or transfer the Site or Services or any component of the Site or Services (including, without limitation, the Content), in whole or in part, except as expressly provided in this Agreement;
    3. (i) reverse engineer, disassemble, decompile, or translate the Site or Services or any component of the Site or Services (including, without limitation, the Content); (ii) attempt to derive the source code of the Site or Services or any component of the Site or Services (including, without limitation, the Content); (iii) create any derivative work from the Site or Services or any component of the Site or Services (including, without limitation, the Content); and/or (iv) authorize or assist any third party to do any of the foregoing;
    4. rent, lease, loan, resell, or otherwise distribute the Site or Services or any component of the Site or Services (including, without limitation, the Content);
    5. remove or alter any proprietary notice or legend regarding BUNZ’s, or any third party’s, proprietary rights in the Site or Services or any component of the Site or Services (including, without limitation, the Content);
    6. remove, circumvent or disable any rights management or protection tools we use on the site or in respect of any Content;
    7. use the Site or Services or any component of the Site or Services (including, without limitation, the Content) except in accordance with the terms of this Agreement and all applicable laws and regulations;
    8. collect information about others without their consent;
    9. send e-mails or messages using our Services without the consent of the recipient;
    10. use any robot, spider, scraper, or other automated means to access our Services and collect content for any purpose without our express written permission;
    11. attempt to gain unauthorized access to our Services, other computer systems or networks connected to our Services, through password mining or any other means;
    12. register for more than one account or use any other measures in an attempt to gain BTZ Tokens other than in accordance with these Terms; or otherwise take advantage of the Services; and/or
    13. upload, post, email, transmit or otherwise make available any content that you do not have the right to disclose or make available.
  3. Further, you hereby agree that you shall not engage in prohibited or unauthorized use of the Site or Services, or of BUNZ systems, including, but not limited to, unauthorized entry into the systems, misuse of passwords, or misuse of any information on the Site or Services.

You may not assist, facilitate or encourage any other person to do anything prohibited by these Terms.

7.   Reporting Abuse

Please contact us to tell us about any offensive or otherwise concerning User Content that you may see on our Services so that we can seek maintain a positive experience for all users. We may, in our sole discretion, limit or terminate our Services, remove hosted content, (including without limitation any User Content), and take any other technical and/or legal steps to ensure that all users of our Services are acting in the spirit of our Terms. Notwithstanding anything in the foregoing, you understand and agree that we do not monitor User Content (though we reserve the right to do so at any time) and that we assume no liability for any User Content whatsoever, including any User Content which may be reported to us using our online reporting tool.

8.   Our Intellectual Property Rights in the Site and its Content

The Site consists of various graphics, texts, icons, buttons, graphics, photographs, images, audio, video, trademarks, service marks, trade names and other information, visual or other digital material, software (including source and object codes) and all other content that have been provided by BUNZ and/or other entities under our direction (e.g. site designers) and other material made available via a link from our Services to a page created by BUNZ on another website. All such content is owned by BUNZ and/or the applicable third party entity. For greater certainty, BUNZ and applicable third party entities hold all right, title, and interest in and to any and all content provided by such parties for the Site, including, without limitation, all such information in text, graphical, video and audio formats, images, icons, designs, trade-marks, brand names and software (collectively, the “Site Content”).

You hereby acknowledge that the Site Content is protected by all copyright, trade-mark, and other applicable intellectual property laws. Your use of the Site does not grant or transfer to you any ownership or other rights in the Site Content, and except as expressly provided, nothing herein or within the Site shall be construed as conferring on you or any other person any license under any of BUNZ’s or any third party’s intellectual property rights, including, without limitation, any right to download, display, reproduce, distribute, modify, edit, alter or enhance any of the Site Content in any manner whatsoever. To request written consent for such reproduction, please contact us at: hello@bunz.com.

Any rights not expressly granted to you in these Terms are expressly reserved by BUNZ. For greater certainty, you agree that you will not take any action that is inconsistent with BUNZ ownership of the Site and/or BUNZ ownership of, or any third party’s ownership of, any Site Content. Without limiting the generality of the foregoing, users of this Site shall be entitled to copy Site Content contained within this Site only for their own personal and non-commercial use, but may not republish or reproduce any such Site Content in any manner without the prior written consent of BUNZ.

You acknowledge and agree that our Services are licensed, not sold. BUNZ hereby grants each user of this Site a limited, non-exclusive and revocable permission to make personal and non-commercial use of the Site and its Site Content, on any single mobile device, tablet, or similar technology. For greater certainty, this limited license only allows you to view, download or print materials from this Site for your own personal and non-commercial use (provided all original copyright, trade-mark and other notices are preserved in their original form). This limited license does not include any rights not specifically stated in these Terms, and, for greater certainty, does not include permission to copy, redistribute, reproduce or republish, in any form, any content contained within this Site.

Certain names, graphics, logos, icons, designs, words, titles or phrases contained within the Site may constitute trade names, registered or unregistered trade-marks or service marks (collectively, “Trade-marks”) of BUNZ or other entities. Trade-marks may be registered in Canada and in other countries as applicable. All Trade-marks not owned by BUNZ are the property of their respective owners, and, where used by BUNZ are used under license or with permission. All Trade-marks are and shall remain the sole and exclusive property of their respective owner(s). Any use of such Trade-marks, except as expressly provided for herein, without the express written consent of the applicable owner is strictly prohibited. Nothing contained herein or on this Site may be construed as granting, by implication, estoppel, or otherwise, any license to use any Trade-mark(s). You agree that you will not take any actions inconsistent with BUNZ ownership of, or any third party’s ownership of, the Trade-marks.

We may automatically check and update the version of our Services which you are using in order to improve the performance and capabilities of our Services.

9.   You License your User Content to BUNZ

Certain features and/or portions of this Site permit you to transmit User Content. By providing User Content, you are giving BUNZ permission to forever use any User Content you submit on or through the Site. Any information you disclose in public areas of our Services becomes public information and is immediately accessible to other users, so it is important for you to carefully consider what, if any, personal information you reveal in these areas.

You understand and agree that we are under no obligation to display any of your User Content on our Services, and that we may edit or remove your User Content at any time, without further notice or liability, at our sole discretion. We reserve the right to pre-screen, edit, limit, or remove any such User Content in our sole discretion, without further notice to you. Notwithstanding, you shall remain solely responsible for any User Content you submit or post.

You may be exposed to User Content that is inaccurate, incomplete, or unsuitable. We will not be responsible for User Content or accuracy of any information and shall not be responsible for any acts taken or decisions made based on such information.

By using the Site and providing User Content, you: (i) grant BUNZ a world-wide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, non-exclusive, and unrestricted license to copy, reproduce, adapt, transmit, edit, modify, or otherwise use, publicly display, distribute, translate and create compilations and derivative works from, any and all User Content (in any format or media) that you submit to or through, the Site; and (ii) waive all moral rights in and to all User Content that you post on, upload or otherwise submit to or through, the Site in favour of BUNZ. For greater certainty, this means that, among other things, BUNZ has the right to use any and all ideas you submit (including ideas about our plans, services, publications or campaigns) in any manner that we choose, without any notice or obligation to you whatsoever. You agree to release and hold harmless BUNZ from and against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property-related cause of action that relates in any way to our use of your User Content.

You further grant us a perpetual, irrevocable, and unlimited licence to use, store, and manipulate User Content to create aggregated and anonymized statistical analytics in respect to platform use and other Services and User parameters and characteristics (“Anonymous Service Data”) in accordance with our Privacy Policy. We shall own all right, title and interest in and to the Anonymous Service Data, including all intellectual property rights in the Anonymous Service Data, and you hereby assign, transfer, and convey to BUNZ any ownership interest you may have in any Anonymous Service Data.

10.   User Waivers and Representations

By using the Services and providing User Content, you hereby acknowledge, agree, warrant and represent to BUNZ that any and all User Content (in any format or media) you post on, upload to or otherwise submit to or through, the Services:

  1. is original to you and that you have obtained all necessary rights in and to the User Content and all of its components (if applicable) to post, upload, or otherwise submit it to or through the Services; and
  2. does not violate any law; and
  3. complies with these Terms.

Without limiting the generality of the foregoing, you also hereby acknowledge, agree, warrant and represent to BUNZ that:

  1. you shall be responsible for all acts or transactions that occur under your Account, including, without limitation, for ensuring the accuracy, reliability or completeness of any and all User Content you upload, post or otherwise transmit to or through the Site;
  2. we cannot (nor are we required to) guarantee the accuracy, reliability or completeness of any User Content; and
  3. we do not generally screen or edit User Content, but that we reserve the right, in our sole and absolute discretion and at any time, although we are under no legal obligation to do so, to monitor, edit or otherwise remove, without any notice and without obligation or incurring any liability, any User Content (or any portion of any User Content) on the Services.

11.   Indemnification by User

By using the Services, you hereby agree to release, indemnify, defend and hold harmless BUNZ, its affiliates, and each of their respective agents, employees, directors, successors, and assigns (collectively, the “Releasees”) from any loss, liability, claim, demand, damage or expense asserted by any entity relating in any way to your use of the Site, the Services, the Site Content, User Content, and/or breach of these Terms, including, without limitation, any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other cause of action, including without limitation any alleged violation by you of the applicable terms, and any alleged violation by you of any applicable law or regulation.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you but doing so will not excuse your indemnity obligations.

12.   Notice of Infringing Content

We reserve the right, in our sole and absolute discretion, to modify, edit or remove any Content, including Site Content and User Content, if a complaint or notice of allegedly infringing materials is received with respect to the Content, or for any other reason.

To complain about Site Content or User Content and/or to provide notice of allegedly infringing materials on the Services, please contact us using the contact information set out below.

13.   Disclaimer and Limitation of Liability

BUNZ WILL BE LIABLE TO YOU ONLY FOR DIRECT LOSS RESULTING FROM THE NEGLIGENCE, FRAUD OR WILLFUL MISCONDUCT OF THE COMPANY ARISING DIRECTLY FROM THE PERFORMANCE BY BUNZ OF ITS OBLIGATIONS UNDER THESE TERMS.

BUNZ IS NOT RESPONSIBLE FOR, AND YOU AGREE NOT TO HOLD US RESPONSIBLE FOR, THINGS OTHER USERS POST OR DO. AS MOST OF THE CONTENT ON THE BUNZ SERVICESCOMES FROM OTHER USERS, WE DO NOT GUARANTEE THE ACCURACY OF POSTINGS OR USER COMMUNICATIONS OR THE QUALITY, SAFETY, OR LEGALITY OF WHAT IS OFFERED.

TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, THE SITE AND ALL INFORMATION CONTAINED ON OR ACCESSED FROM THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE RELEASEES MAKE NO REPRESENTATION OR WARRANTY THAT: (I) THE SERVICES WILL BE COMPATIBLE WITH YOUR COMPUTER AND SOFTWARE; (II) THE SERVICES WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR ERROR; (III) THE USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF ANY VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE, INTRUSIVE OR DISRUPTIVE COMPONENTS; (IV) THE TRANSMISSION OF INFORMATION TO AND FROM THE SERVICES WILL BE SECURE; (V) THE USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS (INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; OR (VI) THE USE OF THE SERVICES WILL NOT CAUSE ANY DAMAGE TO YOUR COMPUTER SYSTEMS, DEVICES, SOFTWARE OR ELECTRONIC FILES.

COMMENTS OR OPINIONS EXPRESSED ON THE SERVICES ARE THOSE OF THEIR RESPECTIVE USERS ONLY. THE VIEWS EXPRESSED ON THE SERVICES AND IN USER CONTENT DO NOT NECESSARILY REPRESENT OR REFLECT THE VIEWS OF BUNZ. THE RELEASEES ARE NOT RESPONSIBLE FOR, AND DISCLAIM ALL LIABILITY IN RELATION TO, THE USER CONTENT POSTED, UPLOADED OR OTHERWISE SUBMITTED TO OR THROUGH THE SERVICES.

ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE SERVICES ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED. THE INFORMATION ON THE SERVICES IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.

THE RELEASEES WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES WHATSOEVER ARISING FROM, CONNECTED WITH, OR RELATING TO THE SERVICES. YOU EXPRESSLY ACKNOWLEDGE THAT BUNZ HAS ENTERED INTO THIS AGREEMENT WITH YOU AND MAKES THE SERVICES AVAILABLE TO YOU, IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH IN THESE TERMS, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND BUNZ. YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN WILL SURVIVE, AND CONTINUE TO APPLY IN THE CASE OF A FUNDAMENTAL BREACH OR BREACHES, THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY, OR TERMINATION OF THIS AGREEMENT.

NOTWITHSTANDING ANYTHING ABOVE, IF WE ARE FOUND TO BE LIABLE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR LIABILITY TO YOU OR ANY THIRD PARTY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY IN TORT, BY STATUTE OR OTHERWISE) IS LIMITED TO THE GREATER OF (A) THE TOTAL FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) 100 CANADIAN DOLLARS.

14.   Errors

Unfortunately, there may sometimes be information on the Services that contains typographical errors, inaccuracies, or omissions, or that is out of date. We reserve the right, in our sole and absolute discretion, to correct any such errors, inaccuracies or omissions and to change or update information at any time.

If at any time BUNZ detects any error in the number of BTZ Tokens you have been issued, BUNZ may revoke the BTZ tokens issued in error. This may cause your BUNZ Wallet to have a negative number of BTZ Tokens.

15.   Electronic Transmissions

The transmission of data or information over the internet or other forms of networks may not be secure, and is subject to possible loss, interception or alteration while in transit. The Releasees do not assume any liability for any damage you may experience or costs you may incur as a result of any electronic transmissions over the internet or otherwise within the Site, such as transmissions involving the exchange of electronic messages of any kind (including those which may contain your personal information). Subject to applicable law, in no event will the information you provide on or through the Site be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without your consent. You should take reasonable and appropriate precautions to scan for computer viruses, and ensure compatibility of the software with your specific computer system. You should ensure that you have a complete and current backup of the information contained on your computer system prior to installing any such software.

16.   Privacy

Without limiting the generality of these Terms, your use of the Site is also subject to the terms of our Privacy Policy, available at https://bunz.com/privacy. Please carefully review our Site Privacy Policy. By using the Site, you agree that you have read, fully understand and agree to our Site Privacy Policy.

17.   Accuracy and Changes

BUNZ may make changes to any information or content on this Site or remove such information and content, at any time and without prior notice. Please consult BUNZ for complete and up-to-date information on products and services. Unfortunately, there may sometimes be information on the Site that contains typographical errors, inaccuracies, or omissions, or that is out of date. We reserve the right, in our sole and absolute discretion, to correct any such errors, inaccuracies or omissions and to change or update information at any time.

18.   Governing Law and Jurisdiction

For users who are not individuals residing in the province of Quebec, these Terms, and all related matters shall be governed solely by the laws of the Province of Ontario, Canada and the applicable federal laws of Canada, without regard to the conflicts of law provisions of any jurisdiction. You (and your parent or legal guardian on your behalf, if you are under the age of majority in your jurisdiction of residence) hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario in the City of Toronto in relation to all disputes arising from or related to this Agreement, and any related matters.

For users who are individuals residing in in the province of Quebec, these Terms, and all related matters shall be governed solely by the laws of the Province of Quebec, Canada and the applicable federal laws of Canada, without regard to the conflicts of law provisions of any jurisdiction. You (and your parent or legal guardian on your behalf, if you are under the age of majority in your jurisdiction of residence) hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of Quebec in the City of Montreal in relation to all disputes arising from or related to this Agreement, and any related matters.

19.   Links

This Site and Services may contain links to the websites of our subsidiaries and affiliates, and to websites that are independently owned and operated by third parties. These other websites may have their own privacy policies and terms and conditions that are not governed by these Terms. We are not responsible for the privacy practices or the content of any website(s) owned and operated by any such subsidiaries, affiliates or third parties. Other websites may collect and treat information collected differently, so we encourage you to carefully read and review the privacy policy for each website you visit. Any links from this Site or Services to other websites, or references to products, services or publications other than those of BUNZ, do not imply the endorsement or approval of such websites, products, services or publications by BUNZ.

20.   We may Change these Terms

BUNZ reserves the right to cancel, suspend, modify or amend any part of the Program or these Terms at any time. Without limiting the generality of the foregoing and to the fullest extent permitted by applicable law, BUNZ reserves the right to amend, notably: (i) the eligibility, registration, or membership requirements; (ii) the basis and rates on which BTZ Tokens may be earned; (iii) the basis and rates at which BTZ Tokens may be used; (iv) establishing and enforcing time limits on the collection, redemption, and usage of BTZ Tokens; (v) the partners and/or suppliers participating in the Services; (vi) the availability, calculation, and benefits associated with member tiers, and the associated thresholds and benefits; (vii) any dates, timelines or time periods relevant to these Terms; (viii) the classes of goods or services allowed in User Content; (ix) the eligibility criteria; (x) the user Code of Conduct and (xi) any other aspect of the present Terms.

Where required by applicable law or at the sole discretion of BUNZ, BUNZ will provide written notice of a proposed amendment to these Terms. Notice will be provided at least thirty (30) days (or such other period as may be required by applicable law) before the amendment comes into effect for changes to a non-essential element of the Terms, and between 60 and 90 days before the amendment comes into effect for changes to an essential element of the Terms. We may provide notice to your email and/or your mailing address, and/or via any other means and/or any other contact information BUNZ has for you, in our sole discretion. If you do not agree with the applicable amendment(s), you may terminate your participation at any time in the thirty (30) day period (or such other period as may be required by applicable law) prior to such amendment coming into effect, or, if required by applicable law and such amendment increases your obligations or decreases BUNZ’s obligations under these Terms, you may terminate your participation at no cost or penalty, no later than thirty (30) days after the amendment comes into effect by sending BUNZ a notice to that effect.

21.   Termination

If you breach any provision of these Terms you may no longer use the Site or the Services. We may, in our sole discretion, change, suspend or terminate, temporarily or permanently, the Site or the Services or any part thereof or any of its features at any time, for any reason, without any notice or liability to you or any other entity. If these Terms or your permission to use the Site or the Services is terminated by us for any reason, the Agreement formed by your acceptance of these Terms will nevertheless continue to apply and be binding upon you in respect of your prior use of the Site or the Services and anything relating to or arising from such use. If you are dissatisfied with the Site, Services or with these Terms, then your sole and exclusive remedy is to discontinue using the Site or Services. The Disclaimer and Limitation of Liability, Intellectual Property and Indemnity provisions in this Agreement shall survive any termination of this Agreement.

22.   General

These Terms constitute the entire agreement between you and us with respect to your use of our Services. If any provision of these Terms is held invalid or unenforceable by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms shall continue in full force and effect. No failure to exercise or waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision of these Terms. You agree to the use of electronic signatures and documents. You agree that your name and signature shall be affixed to this agreement and constitute your electronic signatures to the same extent as if you had used your written signature.

These Terms are binding upon you, your heirs, executors, beneficiaries, successors and assigns and you may not assign this Agreement to any other party without our prior written consent, which consent may be withheld in our sole and absolute discretion.

It is the express wish of the parties that this Agreement and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.

23.   Contact Us

You may contact us at:

BUNZ Inc., 161 Bay street, 27th floor, Toronto, ON M5J 2S1, Canada,
or hello@bunz.com.