Privacy Policy


At Togethr [BSG Inc] (“Togethr”), your right to privacy is very important to us. We provide you with the ability to purchase and send gifts to your friends easily, and to get notifications of potential occasions for buying gifts for your friends. In order to provide you with this service effectively, we collect certain specific information from you, and we also automatically collect information and data relating to the usage of our services by all our users, including you. Because we are committed to protecting your privacy rights and the information you provide to us, we have developed this privacy policy. It explains how we will protect your information and describes how we will use and share it.


This policy is concerned with the protection of your personal information only. Personal information includes any data that can be used to identify you as an individual, including your name, income, personal opinion, interests, home contact information, identification numbers, user IDs, passwords, ethnic origin, and age. Under Canadian law, in a business context, personal information does not include the name, job title, business address, or business telephone number of any employee in an organization.


This policy describes the following practices:


  • Collecting information

  • Sharing your personal information

  • Maintaining your personal information


This privacy policy may change from time to time to reflect Togethr’s internal needs, customer feedback, or changes in applicable privacy legislation. Togethr will post all such changes on our website, so please visit this page regularly.


NOTE: Togethr software and services are not intended for children under the age of 13. We do not knowingly collect or maintain any personal information or non-personally-identifiable information from anyone under the age of 13 nor is any part of our website, software or service directed to children under the age of 13. We will close any accounts used exclusively by such children and will remove and/or delete any personal information we believe was submitted by any child under the age of 13.


Collecting information


In order to use the services provided by Togethr, you will be required to provide specific information about yourself, such as your name, address, telephone number and e-mail address, and about your friends to whom you wish to send gifts or about whom you wish to receive notifications. We will always inform you when we need information that personally identifies you, and we will keep this information in strict confidence – however, by using Togethr’s services, you acknowledge that you will be providing Togethr with information about your friends that they may consider to be their personal information. It is your responsibility to make sure that you have the right to disclose their personal information to Togethr, and to let them know that their personal information will be handled in accordance with this privacy policy. You may also, on occasion, voluntarily provide Togethr with information that can be classified as personal information – all such personal information will be stored and maintained in accordance with this privacy policy.


We collect information about you in the following ways:


As part of your registration and preference choices for Togethr’s software and services

Togethr offers the ability for you to choose options respecting your third party social networking accounts, including notification and friend options, so that Togethr can provide you with notifications of potential gift occasions. The amount and level of detail of the information you provide is completely up to you, so that you control the type of content that is sent to you by Togethr, to best suit your needs and to reflect the permissions given to you by your friends. Additionally, we will require your name, address, telephone number and credit card information for billing purposes, and you will also be provided with a user ID and a password, or the ability to create a user ID and/or password. This information is kept confidential and stored securely by Togethr.


Automatically by Togethr’s software and services

Togethr’s software and services contain features that automatically collect information from users, such as usage statistics, and other tracking information. Although this information will not identify you personally, it nevertheless provides certain information about you, and we therefore treat it as personal information. Additionally, use of Togethr’s website and/or software may result in the collection of technical information such as your computer's IP address, operating system, browser name/version, the referring web page, requested page, date/time, and sometimes a "cookie" (which can be disabled using your browser preferences); such information is used to help us understand the overall usage pattern of our website and software.


As part of your use of Togethr’s software and services

You have the ability to post information through Togethr’s services, such as comments and opinions. Please be advised that any personal information that you voluntarily post to any public forum or to any area where other users or third parties may legally access it, will NOT be considered confidential in any way, and Togethr will not have any obligation to protect it in a secured system or obtain your consent to its disclosure, as you will have made the decision to publicly post it. However, at your request, Togethr will be happy to change it, remove it, or restrict access to it (subject to technical feasibility) in order to protect the integrity of the personal information.


You contact Togethr directly

When you contact any Togethr employee by telephone, e-mail, in person, or through our website, you will be asked to provide consent to the collection of personal information if your personal information will help us deliver the information, products, or services you require.


You respond to communications from Togethr

From time to time, Togethr may invite you to provide us with information for specific purposes. We may ask for this information through feedback features on our website or software; we may send out e-mail inviting feedback or offering products and services; or we may ask you for information concerning support of our products or services. Your response to these communications may require you to submit personal information and opinions.


Your information is obtained through a third party

Occasionally, Togethr will obtain information about you from third parties, such as mailing list providers, third party service providers, ISPs, or third party application or account providers. Third-party providers are responsible for obtaining consent for the release of personal information to us from those individuals identified on mailing lists, surveys, or through other collection methods.


Third party collection of your information

As the services provided by Togethr are linked to third party social networking services through which Togethr obtains your friend list, such third parties may collect information from you through their own applications or services to which Togethr is linked. Such third party access is governed by the third party’s terms and conditions and/or privacy policy, and Togethr has no responsibility or liability for such access. You are encouraged to read the terms and other policies published by such third parties on their websites or otherwise.



Your friends’ information

In order to send gifts to your friends, Togethr requires, at a minimum, an e-mail address to notify them that you have purchased a gift for them. Where you provide a physical address for your friend, you must make sure that you have your friend’s permission to provide the physical address to Togethr. Togethr will use your friends’ e-mail address solely to notify them that you have purchased a gift for them, and your friend will then have the opportunity to accept or refuse (by donating) or decline the gift and to choose whether to provide Togethr with any additional personal information. No personal information of your friends obtained during this gift giving process will be used for any purpose other than delivery of the gift, unless your friend specifically provides their consent for their information to be used for other purposes.


You may also choose to receive notifications respecting potential gift giving opportunities for your friends through Togethr’s services. As such notifications are based on your friends’ status updates and other information provided through the third party social networking services to which you and your friends belong, you are responsible for informing your friends about your use of Togethr’s services and Togethr’s access to such information, and obtaining all necessary permissions. Togethr will use such information only to provide you with the notifications that you choose.


Sharing your personal information


Subject to any exceptions stated above in the collection of information section, should Togethr collect any of your personal information, we will follow these practices regarding the distribution of that information.

Your personal information is always protected

Togethr uses reasonable precautions to protect your personal information and store it securely. Access to your personal information is restricted to those personnel who need it, and Togethr takes reasonable steps to prevent the unauthorized use or disclosure of your personal information.


Togethr only uses and discloses your personal information if it helps us facilitate your needs, improve our products and services, meet legal and regulatory requirements, or — to the limited extent possible — manage our internal business operations. Additionally, if there are any disclosure or use restrictions in your consent to the collection of your personal information, Togethr will abide by those restrictions (subject to the consent exceptions listed below).


For example, your credit card information will only be used to bill you for the services that your have authorized or used. Friend and account information provided as part of your registration or preferences for Togethr’s services will only be used to provide you with the services.


Togethr may combine your information with other information into an aggregate form, so your information no longer personally identifies you. We may then disclose the aggregate information to third parties, so they can obtain an overall picture of Togethr’s products, services, customer sectors and/or usage patterns.


We only share your information with your consent

Togethr provides your information to third parties only for purposes to which you have consented, and we require such third parties to keep your information confidential.


In a few situations, Togethr may be required to disclose your information without your prior consent. For example, Togethr may disclose your information if we are required to do so by law, or if we believe in good faith that such disclosure is necessary to:


  • comply with law or legal process

  • protect and defend our rights and property, or the rights and property of a third party

  • protect against misuse or unauthorized use of any of Togethr’s products, software, services, or other proprietary materials

  • protect the personal safety of any person

  • allow for a change of ownership of Togethr and associated transfer of all personal information to the new owner of Togethr – this does not affect the protection of your information under this Privacy Policy

Togethr will always try to provide you with prior notice of such disclosure; however, such notice may not always be possible or reasonable given the circumstances.


Additionally, the nature of the services provided requires the routine use of your information in the provision of the services. Your personal information will only be used to the limited extent necessary to provide the services that you have requested, and may include the following uses:


  • to allow third party suppliers, vendors, contractors and other parties to provide products and services to us or to you, or to otherwise act on our behalf (this may include, without limitation, our authorization of such third parties to email our users regarding updates, surveys and other inquiries regarding their experience with our software and service); and

  • to allow for advertising and other audits, and surveys to, among other things, validate the size and composition of the users of Togethr’s services, and understand their experience with Togethr’s software and service. This may require, among other things, disclosing your buying history and/or disclosing records showing which advertisements were viewed by which users.



Maintaining your personal information


Togethr has established the following practices regarding the maintenance of your personal information.


You can request access to your personal information at any time

If, for any reason, you wish to review your personal information that Togethr has in its possession, you can contact our Privacy Officer, who will be pleased to provide you with all your personal information that Togethr has on file.


You can request changes to your personal information at any time

Sometimes, it will be necessary for you to update your personal information Togethr has on file. For example, if you move or change credit cards, you must update your information in order to keep receiving the services provided by Togethr.


If you wish to make any changes or corrections to your personal information, please contact our Privacy Officer who will implement the changes. This will help us ensure our records are always up-to-date.


You can opt out of communications at any time

Additionally, you always have the choice of whether you wish to receive information – such as e-mail updates – from Togethr. In some cases, you may do so simply by changing the preferences in the software application through which Togethr provides the services.


If you do choose to opt out of communications respecting products and services provided by Togethr, you may not obtain all the benefits we could otherwise provide, such as updates or warnings. Togethr will not have any liability to you for your loss of those benefits or any negative effects respecting your use of Togethr’s products or services.


You can request that your personal information be destroyed at any time

A situation may arise where you desire to have all of your personal information that is contained in Togethr’s records deleted or destroyed. If this is what you wish, please contact our Privacy Officer, who will take care of removing your personal information from all of Togethr’s records. However, there may be situations where we are obligated to retain one archival copy of your information to allow us to comply with laws or respond to legal processes. We will inform you of all such situations, and will only use your retained personal information to the limited extent necessary to comply with such laws or respond to legal processes.


Contacting our Privacy Officer


Togethr welcomes your comments about this privacy policy, and we would be happy to provide any additional information you require. Please contact our Privacy Officer at:


Aditya Sharma

a@togethr.ca


This privacy policy supplements any agreements you already have with Togethr, such as your User Agreement or website terms and conditions. Our privacy policy does not replace the terms of those agreements. By agreeing to those terms and using Togethr’s website, products, software and services, you are consenting to the collection and use of your personal information by Togethr. in accordance with this privacy policy. This policy was written in accordance with the Canadian Personal Information Protection and Electronic Documents Act (PIPEDA).



Terms of Services

User Agreement

This User Agreement (the “Agreement”) is a legal agreement between you and Togethr [BSG Inc] (“Togethr”) respecting your use of Togethr services as described herein and on Togethr’s website. BY INDICATING YOUR ACCEPTANCE BY CLICKING ON THE APPROPRIATE BUTTON BELOW, OR BY OTHERWISE USING THE SERVICES, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. If you have any questions or concerns about the terms of this agreement, please contact us at info@togethr.ca.


  1. Definitions


  1. “Accounts” means the third party social networking accounts and other messaging services (supported by Togethr) that you would like Togethr to integrate as part of the Services.

  2. “Profile” means the information you provide to Togethr described in Section 2.2(b) and (c) below.

  3. “Services” has the meaning set forth in Section 2 below.

  4. “Software” means the Togethr application that a user must download or access in order to utilize the Services.


  1. The Services


  1. What they are. Togethr will provide you with the ability to purchase and send gifts to your friends by using the Software, subject to the permissions granted by you through the Software, and will notify you of potential occasions for buying gifts for your friends, based on information received through the Software. The Services are provided subject to the terms and conditions of this Agreement.


  1. What information you need to provide. In order to use the Services, you must:


  1. provide up-to-date, complete and accurate registration information, including your first and last name, your valid mailing address, your phone number and your valid email address;

  2. provide up-to-date, complete and accurate information, including user ID and password where required, of your Accounts;

  3. provide the minimum, up-to-date information respecting the friends to whom you would like Togethr to direct gifts as part of the Services;

  4. where you wish to access Services requiring payment, provide up-to-date, complete and accurate credit card information for a credit card that is valid and legally registered to you;and

  5. be at all times in compliance with the terms and conditions of this Agreement and applicable law.

You specifically agree that Togethr may rely on the accuracy of the information provided by you to Togethr, and that Togethr will have no liability whatsoever, whether to you or to any third party, for any claims or damages resulting from inaccurate information provided to Togethr.


  1. Accessing the Services. Togethr may provide you with certain information to allow you to use the Services, such as a user ID and a password or the ability to create a user ID and/or password (the “Access Information”). The Access Information is provided on the understanding that it is personal to you; you will not permit anyone other than you to obtain access to the Services using the Access Information. Togethr is not responsible or liable in any way for any use of the Services (authorized or unauthorized) by any party accessing the Services using your Access Information, and you accept all responsibility for such use of the Services and any consequences resulting from such use of the Services.


  1. Information Collection through the Services. You acknowledge and agree that an integral part of the Services entails the collection of information and data from your Accounts to enable Togethr to provide the Services to you. Such information and data may include personal information relating to you, your friends, or anyone else whose information and data is accessible through your Accounts. YOU ARE SOLELY RESPONSIBLE FOR OBTAINING ALL RELEVANT PERMISSIONS FOR TOGETHR TO COLLECT SUCH INFORMATION AND DATA FROM YOUR FRIENDS AND FROM ANY PERSON WHOSE INFORMATION AND DATA ARE ACCESSIBLE THROUGH YOUR ACCOUNTS, AND FOR CHOOSING, THROUGH THE SOFTWARE, THE OPTIONS THAT REFLECT THESE PERMISSIONS. TOGETHR WILL HAVE NO LIABILITY WHATSOEVER RESPECTING ANY CLAIM BY YOU, YOUR FRIENDS OR ANY PERSON WHOSE INFORMATION AND DATA ARE ACCESSIBLE THROUGH YOUR ACCOUNTS, WHETHER RELATED TO PRIVACY OR OTHERWISE, IN RELATION TO TOGETHR’S USE OF SUCH INFORMATION TO PROVIDE THE SERVICES, AND YOU AGREE TO INDEMNIFY, DEFEND AND HOLD TOGETHR HARMLESS AGAINST ANY SUCH CLAIMS. Togethr may also provide such information and data to third parties, subject to Togethr’s Privacy Policy.


  1. Suspension of Services. Togethr reserves the right to change, suspend or discontinue the Services or any part of the Services at any time, including the availability of any feature or content, account access, or any promotion offered by Togethr. Togethr may also impose limits on the Services and/or terminate or restrict your access to parts or all of the Services without notice or liability.


  1. Advertising on the Services. Togethr may, and may permit third parties to, display advertising and other information as part of the Services. You understand and agree that Togethr and/or applicable third parties may provide you with content-targeted advertisements or other related information. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services, other than by using the Services (including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings) are solely between you and such advertiser.


  1. Use Services at Your Own Risk. Use of the Services may contain references to third parties, links to third party websites or documents, and may incorporate information obtained from third parties. All such references, links and information are provided “AS IS”. Third party websites, documents, information, opinions, advice or statements (including those made by users of the Services) are not under the control of Togethr, and Togethr is not responsible or in any way liable for their contents, including without limitation their accuracy, reliability, copyright compliance, legality, decency, or any other aspect of their content. Other than to the limited extent required under applicable consumer protection law, under no circumstance will Togethr be liable for any loss or damage caused by your reliance on the Services, or your reliance on any product obtained through the Services or any third party linked site. You are responsible for viewing and abiding by the privacy statements and terms of use posted at any third party website accessed through the Services and/or any other agreements entered into between you and such third party.


  1. Your Use of the Services


  1. Your Obligations. You agree that:


  1. You will not permit anyone other than you, as an individual, to obtain access to the Services through your Togethr account or otherwise using your Access Information, and will only use the Services in accordance with this Agreement and applicable law;

  2. You will ensure that any information that is provided to Togethr pursuant to this Agreement is true, accurate, current and complete;

  3. You will ensure that you have the right, and have obtained all relevant permissions, to provide Togethr with any third party information required for Togethr to provide the Services to you;

  4. You will not in any way use the Services to harass, abuse, defame, defraud, or deceive any third party, including your friends, or to commit or attempt to commit a crime or facilitate the commission of any crime or other illegal or tortious acts, including any harassment, any infringement of intellectual property rights, any fraudulent activities, any deceptive impersonation, any activities involving the exploitation of children, or any activities that violate any third party’s privacy rights;

  5. You will be solely responsible for all activities with respect to the Services undertaken by you;

  6. You will use the Services only for personal and non-commercial purposes;

  7. You represent and warrant that you have the right and the authority to enter into this Agreement and to use the Services;

  8. You will ensure that your use of the Services does not interfere with, degrade, or adversely affect any software, system, network or data used by any person including Togethr and other users of the Services (including by ensuring that you do not upload any viruses or other harmful code in using the Services);

  9. You will not interfere with or in any manner compromise any of Togethr's security measures;

  10. You will cooperate with Togethr and provide information requested by Togethr to assist Togethr and/or relevant authorities in investigating or determining whether there has been a breach of this Agreement or applicable law.

  11. You will comply with the terms and conditions of any agreements entered into between you and any third party (including without limitation the Account service providers), and to the extent that such agreements impose additional restrictions respecting your use of the Services (whether by reason of usage limitations or otherwise), you will use the Services in compliance with such restrictions.

Without limiting the foregoing, you agree not to violate any applicable laws, the rights of others, or the operational and security mechanisms of the Services.


  1. Public Comments. All comments, suggestions for improvement, or other messages that do not contain personal or private information, as defined by applicable law, that is provided by you to Togethr or through the Services (each, a "Submission"), is considered non-confidential and may be disseminated or used by Togethr or any third party without compensation or liability to you for any purpose whatsoever. You acknowledge and agree that you are solely responsible for anything you post or otherwise make available on or through the Services, including, without limitation, compliance with law, and you hereby grant Togethr a perpetual, worldwide, non-exclusive, royalty-free, sublicensable and transferable license to develop, copy, distribute and otherwise use, in any way in Togethr’s sole discretion, any Submission on, through or in connection with the Service, including without limitation, for promoting, improving and developing the Services. This provision does not apply to personal information that is subject to Togethr’s Privacy Policy except to the extent that you make such personal information publicly available on or through the Services. Notwithstanding the foregoing, Togethr reserves the right to remove any Submission from the Services if such Submission violates this Agreement or any other written policy or terms of use published by Togethr from time to time, or is otherwise objectionable, as determined by Togethr, in its sole discretion.


  1. The Software


  1. License to Use the Software. Togethr hereby grants you a personal, non-exclusive, revocable, non-transferable license to use the Software solely for the purposes of using the Services. This license does not imply any rights to future upgrades or updates to, or versions of, the Software. However, if Togethr does provide you with any Software upgrades, updates or versions, such updates, upgrades and versions shall be subject to the terms and conditions of this Agreement. You do not have the right to obtain or use any source code for the Software.


  1. Software Use Restrictions. You shall not:


  1. copy, reproduce, modify, enhance, improve, alter, reverse engineer, disassemble, deconstruct, translate, decrypt, reverse compile or convert into human readable form the Software or any part thereof;

  2. distribute, assign, license, sublicense, lease, rent, transfer, sell or otherwise provide access to the Software, in whole or in part, to any third party on a temporary or permanent basis;

  3. remove, deface, cover or otherwise obscure any proprietary rights notice or identification on the Software (including without limitation any copyright notice);

  4. copy any written materials accompanying any portion of the Software unless specifically authorized in writing to do so by Togethr;

  5. use the Software in any way inconsistent with the use parameters for the Services;

  6. attempt to hack the Software or any communication initiated by the Software or to defeat or overcome any encryption and/or other technical protection methods implemented by Togethr with respect to the Software and/or data and/or content or programming transmitted, processed or stored by Togethr or other users of the Services;

  7. collect any information or communication about the users of the Services or Software by monitoring, interdicting or intercepting any process of or communication initiated by the Software or Services or by developing or using any software or any other process or method that engages or assists in engaging in any of the foregoing

  8. use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, packet-sniffer, Trojan-horse routing, trap door, time bomb or any other codes or instructions that are designed to be used to provide a means of surreptitious or unauthorized access to the Services or any computer system or that are designed to monitor, distort, delete, damage or disassemble the Software or its ability to communicate and perform the Services; or

  9. authorize, permit or otherwise acquiesce in any other party engaging in any of the activities set forth in (a) – (h) above, or attempting to do so.


  1. Fees for Services


  1. Payment of Fees. You agree to pay all applicable fees in connection with the Services selected by you. You authorize Togethr to automatically charge you for any and all fees incurred by you for Services selected by you. Togethr reserves the right to change its price list and to institute new charges at any time upon notice to you, which notice may be provided by means of updates on Togethr’s website. Your use of the Services following such changes constitutes your acceptance of any new or increased charges.


  1. Privacy and Confidentiality


  1. Privacy Policy. Your personal information will be handled in accordance with Togethr’s Privacy Policy. To view Togethr’s Privacy Policy, please visit the following URL: togethr.ca/Legal.html. Notwithstanding the foregoing, Togethr reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request.


  1. Consent to Information Use. Additionally, by submitting personal information to Togethr pursuant to this Agreement, including without limitation your name, address, e-mail address, Account information and/or that of your friends, you consent to the collection, processing, transmission and disclosure of such information by Togethr for the purposes of Togethr’s provision of the Services and Togethr’s internal use and specifically the purposes for which such information has been requested, such as billing or shipping requirements. For greater certainty, by giving your consent to such use of your friends’ information, you are representing and warranting that you have obtained your friends’ express permission to such usage, and are providing consent as an agent on such friends’ behalf. You specifically agree that Togethr may disclose such information to third parties to the limited extent necessary to provide you with the Services.


  1. Intellectual Property Rights


  1. Ownership of Intellectual Property. You acknowledge that the Services and Software are owned by Togethr, who retains all right, title and interest therein, and is protected by Canadian, U.S. and international copyright laws. In addition, other intellectual property laws (including patent laws) and treaties may protect the Software and Services. It is therefore your responsibility to fully comply with such laws in using and handling the Services and Software. Nothing herein shall be construed as constituting a sale of the Software or any portion thereof to you.


  1. Rights in Intellectual Property. You do not acquire any intellectual property or other proprietary rights under this Agreement, including without limitation any right, title or interest in and to patents, copyrights, trade-marks, industrial designs, confidential information, or trade secrets, whether registered or unregistered, relating to the Software, the Services, or any part thereof. Your only rights to the Software, the Services and any part thereof shall be those rights expressly licensed or granted to you under this Agreement. Any rights not expressly granted under this Agreement are reserved.


  1. Third Party Intellectual Property. For greater certainty, all intellectual property rights in third party content accessible through the Services and Software are the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties. Each such third party expressly reserves all rights into such content, and the unauthorized reproduction or distribution of such third party content is prohibited by applicable law.


  1. Disclaimer of Warranties


  1. No Warranty. THE SERVICES ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. TOGETHR ASSUMES NO RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES WHATSOEVER IN THE INFORMATION PROVIDED THROUGH THE SERVICES OR SOFTWARE. UNDER NO CIRCUMSTANCES WILL TOGETHR BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH USE OF THE SERVICES OR THE SOFTWARE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ANY INFORMATION PROVIDED, AND USE OF THE SERVICES AND SOFTWARE IS SOLELY AT YOUR OWN RISK.


  1. Your Sole Responsibility. Togethr has no special relationship with or fiduciary duty to you, and you acknowledge that Togethr has no control over, and no duty to take any action regarding any acts or omissions taken by you or any other user of the Services, including without limitation: (a) which users use the Services, (b) what gifts you or other users send through the Services, (c) how you or any other user may interpret or use gifts sent through the Services, or (d) what actions you or any third party may take as a result of use of the Services by you or any other user. Togethr makes no representations or warranties whatsoever concerning any product or service obtained through the Services, and Togethr will not be responsible or liable for in any way for any product or service, including their quality, reliability or functionality, or the timeliness of delivery of any product or service, obtained through the Services. You are solely responsible for evaluating whether the products or services obtainable through the Services suit your needs; any issues with such products or services must be resolved directly with the third party manufacturer or provider of such products or services.


  1. Limitation of Liability


  1. Limited Damages Only. The only type of damages that can be recovered against Togethr arising from or related to this Agreement including without limitation in relation to the provision of the Services, shall be your direct damages, if any, arising as a result of Togethr’s gross negligence or wilful misconduct. In no event shall the aggregate liability of Togethr exceed the amount paid by you for the portion of the Services that gave rise to the claim. TOGETHR SHALL HAVE NO LIABILITY WHATSOEVER TO YOU OR ANY PARTY CLAIMING BY OR THROUGH YOU FOR THE ACCURACY, TIMELINESS OR CONTINUED AVAILABILITY OF THE SERVICES. Without limiting the foregoing, your only right with respect to any problems or dissatisfaction with the Software is to uninstall and cease use of such Software.


  1. No Indirect Damages. EXCEPT FOR THE LIMITED DIRECT DAMAGES SPECIFIED ABOVE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TOGETHR BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL OR PUNITIVE DAMAGES, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, COMPUTER OR MOBILE DEVICE FAILURE, PROBLEMS, LOSS OR DAMAGE ASSOCIATED WITH ANY USE OF THE SOFTWARE OR SERVICES, OR OTHER PECUNIARY LOSS ARISING OUT OF OR RELATED TO THIS AGREEMENT) WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN INCLUDING WITHOUT LIMITATION THE USE OF OR INABILITY TO USE THE SOFTWARE OR SERVICES, EVEN IF TOGETHR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.


  1. Indemnification


  1. Your Responsibility to Indemnify. You agree to indemnify, defend and hold harmless Togethr, its parents, subsidiaries, affiliates, officers and employees, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of: (a) your access to the Services, the Software, and any product or service purchased by you through the Services or Software, (b) your use or misuse of the Services and/or Software, (c) any breach of this Agreement by you, (d) the infringement by you, or any third party obtaining access to the Services, of any intellectual property or other right of any person or entity, or (e) your violation of any third-party rights or any applicable laws. Togethr reserves the right, at your expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Togethr, at your expense, in asserting any available defences.


  1. Termination


  1. Termination by You. You may terminate this Agreement at any time upon notice to Togethr. Upon any termination of this Agreement for any reason (whether by you or by Togethr), you must cease all use of the Services and Software and destroy and/or permanently delete all copies of the Software in your possession.


  1. Termination by Togethr. Togethr reserves the right, in its sole and complete discretion, to revoke your authorization to use the Services at any time with or without cause, for any reason or no reason. Upon termination of your account, your right to use the Services, access any accounts through the Services, and any materials obtainable through the Services will immediately cease. Any fees paid by you are non-refundable. All restrictions contained in this Agreement shall survive the termination of your right to use the Services.


  1. Additional Remedies. Without limiting other remedies, Togethr may limit your activity, warn other users of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your account and refuse to provide Services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) Togethr is unable to verify or authenticate any information you provide; or (c) Togethr believes that your actions may cause financial loss or legal liability for you, other users or Togethr.


  1. Legal Investigation. Togethr reserves the right to investigate suspected violations of this Agreement. You hereby authorize Togethr to cooperate with (1) law enforcement authorities in the investigation of suspected criminal violations and (2) system administrators at Internet service providers and your Accounts in order to enforce the terms and conditions of this Agreement.


  1. Non-Exclusive Remedies. The above-described actions are not Togethr’s exclusive remedies and Togethr may take any other legal, equitable or technical action it deems appropriate in the circumstances. Togethr will not be liable for any damage caused by the termination of this Agreement.


  1. General Provisions


  1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and cancels and supersedes any prior understandings and agreements between the parties. There are no provisions, representations, undertakings, agreements, or collateral agreements between the parties other than as set out in this Agreement.


  1. Governing Law. This Agreement is governed by the laws of the Province of Ontario, Canada, without regard to conflict of laws provisions, and you agree to submit to the exclusive jurisdiction of the courts located in the Province of Ontario, Canada. The parties expressly agree that neither the United Nations Convention on Contracts for the International Sale of Goods nor the Uniform Computer Information Transactions Act shall apply to this Agreement or to any contracts relating to goods or services obtained through this site.


  1. Electronic Agreement. You acknowledge and agree that by clicking on the "I AGREE" button (or similar buttons or links as may be designated by Togethr to show your acceptance of this Agreement and/or your agreement to use the Services), you are entering into a legally binding contract. You hereby agree to the use of electronic communication in order to enter into contracts, place orders and create other records and to the electronic delivery of notices, policies and records of transactions initiated or completed through the Software or the Services. Furthermore, you hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.


  1. Invalidity of Provisions. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement shall continue in full force and effect.


  1. English Language. It is the express will of the parties that this Agreement and all related documents have been 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.


  1. Age Requirement. If you are residing in a jurisdiction which restricts the use of internet-based applications according to age, or which restricts the ability to enter into agreements such as this Agreement according to age and you are under such a jurisdiction and under such age limit, you may not enter into this Agreement and download, install or use the Software. By entering into this Agreement you explicitly state that you have verified in your own jurisdiction if your use of the Software and Services is allowed.


  1. Contact


  1. Contacting Togethr. If you have any questions regarding this Agreement, or if you have any questions, complaints, claims or other legal concerns relating to Togethr or its business, please contact Togethr at: [info@togethr.ca]