Terms of Service

Effective as of November 19th, 2024

Definitions Account Registration and User Responsibilities Eligibility Data Collection, Usage, and PIPEDA Compliance User Conduct and Prohibited Activities Content Ownership and Licenses Third-Party Services and Business Compliance Payment and Refund Policy Advertising and Promotions Termination and Suspension of Accounts Limitation of Liability Disclaimer of Warranties Indemnification Dispute Resolution and Governing Law Modifications to Terms Severability and Waiver Entire Agreement Contact Information

Introduction

Welcome to LOBU! These Terms of Service (“Terms”) govern your use of our platform, including our mobile application (the “App”) and our website (collectively, the “Service”). By accessing or using our Service, you agree to comply with and be bound by these Terms. If you do not agree with these Terms, you must not use our Service.

1. Definitions

“Service” refers to the mobile application and website operated by LOBU.
Violate the rights of other users of our Site;
Violate the intellectual property rights of the Site owners or any third party to the Site;
Hack into the account of another user of the Site;
Act in any way that could be considered fraudulent; or

2. Account Registration and User Responsibilities

To access certain features of the Service, users must register and create an account. By registering, you agree to:

Provide accurate, current, and complete information as required during registration and update this information as necessary.
Maintain the confidentiality of your account credentials and not share them with others.
Be responsible for all activities that occur under your account, including any activities conducted by others who have access to your account.
Notify us immediately of any unauthorized use of your account or any other breach of security.

3. Eligibility

By using the Service, you represent and warrant that you are at least 18 years old or, if you are under 18, that you have obtained the legal consent of a parent or guardian to use the Service. If you do not meet these requirements, you are not authorized to use the Service.

4. Data Collection, Usage, and PIPEDA Compliance

LOBU upholds the highest standards of user privacy and adheres strictly to the Personal Information Protection and Electronic Documents Act (PIPEDA). The following section outlines LOBU’s data collection and handling protocols to ensure full legal compliance:

Identifying Purposes: LOBU collects only the essential mandatory personal information (i.e., postal code, province, city) required to deliver location-based services, enhance user experience, and optimize service functionality. The collection of any additional personal information, such as names or addresses, is voluntary and will be clearly communicated at or prior to the point of collection, ensuring transparency in the purpose of data usage.
Consent: In compliance with PIPEDA, LOBU secures informed and explicit consent from users before any collection, use, or disclosure of personal information. Users have the ability to review, modify, or withdraw consent regarding their personal data through the app’s data management settings, particularly concerning sensitive information such as location data.
Limiting Collection and Retention: LOBU limits the collection of personal data to what is strictly necessary for the provision and enhancement of services. Collected data is retained only for as long as is necessary to fulfill these purposes or as required by applicable law. Personal information that no longer serves these purposes will be securely deleted or anonymized.
Safeguards: LOBU implements robust technical and organizational security measures, including encryption, access controls, and data masking techniques, to protect personal information against unauthorized access, alteration, disclosure, or destruction. Periodic security audits and vulnerability assessments are conducted to ensure ongoing data protection.
Openness and Transparency: LOBU maintains an accessible and comprehensive privacy policy, available within the app and on the official website, detailing all aspects of data collection, use, retention, and protection practices. This policy is regularly reviewed and updated to reflect any changes in data management practices or legal requirements, ensuring users remain fully informed.
Individual Access and Recourse: Users have the right to request access to their personal information and seek corrections to ensure accuracy. LOBU provides clear procedures for users to submit concerns or challenge any perceived non-compliance with PIPEDA. All challenges will be handled promptly and in accordance with established legal standards.

5. User Conduct and Prohibited Activities

Users must adhere to acceptable standards of behavior and conduct themselves in a manner that is respectful and lawful. Prohibited activities include, but are not limited to:

Hate Speech and Harassment: Engaging in or promoting hate speech, threats, or harassment based on race, ethnicity, religion, gender, sexual orientation, disability, or any other characteristic.
Illegal Activities: Using the Service to engage in illegal activities, including but not limited to fraud, identity theft, phishing, or distribution of illegal substances.
Impersonation and Misrepresentation: Impersonating any person or entity or falsely claiming an affiliation with any person or entity.
Spam and Unsolicited Communication: Sending spam, unsolicited messages, or promotional materials to other users.
Disruption of Service: Interfering with or disrupting the functionality, security, or integrity of the Service.

LOBU reserves the right to monitor user activity and content to ensure compliance with these Terms. We may remove or modify content that violates these Terms and take appropriate action, including suspending or terminating accounts involved in such activities.

6. Content Ownership and Licenses

Users retain ownership of any content they create and post on the Service. However, by posting or submitting content to the Service, you grant LOBU a worldwide, non-exclusive, royalty-free, transferable license to:

Use and Display: Use, display, and reproduce such content on and through our platform, including for promotional and advertising purposes.
Modify and Adapt: Modify, adapt, or create derivative works based on your content to ensure it is compatible with various technologies and formats or to improve the Service.
Distribute: Distribute your content across the Service, including through third-party platforms or services integrated with our Service.

You represent and warrant that you have all necessary rights and permissions to grant this license and that your content does not infringe on the rights of any third party.

7. Third-Party Services and Business Compliance

The Service may provide access to third-party websites, services, or resources that are not owned, controlled, or operated by LOBU. LOBU does not verify, endorse, or oversee whether businesses listed on our platform have the appropriate certifications, licenses, or other credentials required for their respective industries. Businesses using the LOBU platform are solely responsible for:

Obtaining and maintaining all necessary certifications, licenses, and permits to operate in accordance with applicable laws and regulations.
Ensuring their services, products, or offerings meet quality and safety standards required by their industry.
Complying with applicable laws, regulations, professional guidelines, and ethical obligations.

User Responsibilities:

Users are encouraged to independently verify the credentials of any business they engage with through the platform. LOBU is not liable for disputes, damages, or claims arising from business non-compliance or misconduct.

Indemnification by Businesses:

Businesses using the platform agree to indemnify, defend, and hold harmless LOBU from any claims, damages, losses, or liabilities arising from their failure to comply with applicable laws, regulations, or industry standards.

8. Payment and Refund Policy

For any paid services or features offered on the Service, you agree to pay all applicable fees as described. Payments are non-refundable unless otherwise specified or required by applicable law.

9. Advertising and Promotions

LOBU may display advertisements and promotions from third parties within the Service. Interactions or transactions with these advertisers are solely between you and the advertiser. LOBU is not responsible for any issues arising from such interactions or transactions.

10. Termination and Suspension of Accounts

LOBU reserves the right to suspend or terminate user accounts at its sole discretion, particularly in cases of:

Policy Violations: Violations of these Terms, including engaging in prohibited activities or failing to adhere to acceptable behavior standards.
Illegal Activities: Engagement in illegal or harmful activities.

11. Limitation of Liability

To the maximum extent permitted by law, LOBU and its affiliates, officers, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

Loss of profits or revenues: whether incurred directly or indirectly.
Loss of data, use, goodwill, or other intangible losses, resulting from:
- (i) Your use or inability to use the Service;
- (ii) Any unauthorized access to or use of our servers or any personal information stored therein;
- (iii) Any conduct or content of any third party on the Service.

This limitation of liability applies even if LOBU has been advised of the possibility of such damages.

12. Disclaimer of Warranties

The Service is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied. LOBU disclaims all warranties, including but not limited to:

Implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
LOBU does not guarantee that the Service will be uninterrupted, error-free, or free of viruses or harmful components.
LOBU does not warrant the legality, reliability, quality, or safety of any third-party services, products, or businesses.

13. Indemnification

You agree to defend, indemnify, and hold harmless LOBU and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including legal and accounting fees, arising out of or in any way connected with:

Your access to or use of the Service;
Your violation of these Terms or any applicable laws.

14. Dispute Resolution and Governing Law

These Terms shall be governed by and construed in accordance with the laws of Ontario, Canada. Any disputes arising out of or relating to these Terms or the Service shall be resolved exclusively in the courts located in Ontario, Canada. You consent to the jurisdiction and venue of these courts.

15. Modifications to Terms

We reserve the right to modify these Terms at any time. Changes will be communicated to users via email or through notifications on the Service. Your continued use of the Service after such changes constitutes your acceptance of the revised Terms.

16. Severability and Waiver

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in full force and effect.

17. Entire Agreement

These Terms, along with our Privacy Policy, constitute the entire agreement between you and LOBU regarding the use of the Service and supersede any prior agreements.

18. Contact Information

If you have any questions or concerns about these Terms, please contact us at contact@lobu.ca

LOBU