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Driven App Terms & Conditions

Terms & Conditions

 

Please read the following terms and conditions (“Terms”) and the Driven Financial Technologies Corporation (“Driven”) Privacy Policy carefully. By accessing and/or using the Driven mobile application (”App”), you acknowledge that you have read the Terms and the Privacy Policy and that you accept and will be bound by the Terms and the Privacy Policy, which may be modified by Driven from time to time and re-posted on page. If you do not agree to the Terms or the Privacy Policy, you agree that you shall immediately cease using the App.

 

The Terms and the Privacy Policy also apply when you use a downloadable application or other technology to access any features, functionality, content and/or information that is made available or provided on or through the App.

 

Please review these Terms and our Privacy Policy, which govern your use of the App.

 

Electronic Communications

 

When you use any Driven product or service, or send emails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as emails, texts, mobile push notices, or notices and messages on this App or through the other Driven products or services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

License

 

The contents of our App, including its “look and feel” (e.g., text, graphics, images, logos, and button icons), editorial content, notices, software (including HTML or XML-based computer programs) and other material, are protected under Canadian and international trademark, copyright and other laws.

 

Graphics, logos, slogans, page headers, button icons, scripts, and service names included in or made available through any Driven product or service are trademarks or trade dress of Driven, or its affiliates. Driven’s or its affiliates trademarks and trade dress may not be used in connection with any product or service that is not Driven or its affiliates', in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Driven or its affiliates. All other trademarks not owned by Driven or its affiliates that appear in any Driven product or service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Driven or its affiliates.

 

This content is the property of or are licensed to Driven. We hereby grant you the right to view and use our App subject to these Terms. You may download or print a copy of information provided in the App for internal use or distribution only.

 

Permission to reprint or electronically reproduce any document or graphic in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from us.

 

Restricted Access Portions of the App

 

You agree to take reasonable measures to ensure that no unauthorized person or entity shall have access to restricted areas of the App using your username or password.

 

You agree that, if you are provided rights to access or use restricted areas of the App, those rights are non-transferable.

 

You may not assign, sublicense, transfer, pledge, lease, rent, or share your username and password to anyone other than an employee or agent authorized to act on your behalf, and subject to all of the provisions set forth in these Terms.

 

You assume all responsibility for loss or misuse of your username and password and are responsible for any activities undertaken by a person in possession of your username or password for any reason other than solely due to the negligence of Driven.

 

Information Provided by You

 

All information transmitted or otherwise submitted to Driven by you via the App, other than personal information as defined in federal and provincial legislation (“Personal Information”), shall be deemed to be the property of Driven. Driven shall be free to use such information for any lawful purpose. Driven shall not have any obligation to keep any information confidential, except as otherwise specifically agreed to in writing by Driven or as required by law. Driven shall treat Personal Information in accordance with the terms of its Privacy Policy and all applicable privacy legislation.

 

By providing such information and materials, you declare and warrant that you have all necessary rights to submit such information and materials and that the information and materials do not infringe the rights of third parties.

 

By using the App, you hereby acknowledge that the Internet is not a secure medium and privacy cannot be guaranteed or ensured. Although Driven is committed to protecting your Personal Information in accordance with applicable privacy legislation, Driven shall not be responsible for any damages that you or any third-party may suffer as a result of the transmission of confidential information that you make to Driven through the Internet or that you expressly or implicitly authorize Driven to make or for any errors or any changes made to any such transmitted information.

 

Electronic Communication via the Internet

 

Any unprotected electronic communication over the Internet is, as with communication via other mediums (e.g. cellular phones, post office mail, Social Media Pages (later defined)), not secure or confidential, subject to possible interception or loss, and possible alteration. You should not send any confidential, proprietary or sensitive information about you or others via these mediums. Driven is not responsible for and will not be liable to you or any one else for any damages in connection with an email, text message, comment, post or any other electronic message sent by you to Driven, or an email, text message, comment post or any other electronic message sent by Driven to you.

 

 

Disclaimer of Warranties

 

The information and materials (including any third party user provided information or content) presented on or through the App or publicly or third party accessible portions of the products and services are made available solely for general information purposes and your convenience. 

 

The information provided on or through the App is for informational purposes only and is not intended to provide specific financial, investment, tax, legal, accounting or other advice to you, and should not be acted or relied upon in that regard without seeking the advice of a professional. Your advisor can help to ensure that your own circumstances have been properly considered and any action is taken on the latest available information.

 

We do not warrant the accuracy, completeness, or usefulness of this information and materials. Any reliance you place on such information and materials is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information or materials by you or any other visitor to the App for use of the products and services, or by anyone who may be informed of any of its contents.

 

You expressly agree that use of the App is at your sole risk. Neither Driven, its affiliates, or any of their respective directors, employees, agents, third-party content providers, or licensors warrant that the App will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from use of the App or as to the accuracy, reliability, or content of any information, service, or merchandise provided through the App.

 

This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of the App, whether for breach of contract, tortuous behaviour, civil liability, negligence, or under any other cause of action.

 

This App is provided on an “as is” basis without warranty or condition of any kind, either expressed or implied, including, but not limited to, warranties or conditions of title or implied warranties of merchantability or fitness for a particular purpose. Driven does not represent or warrant non-infringement, other than those warranties that are implied by and incapable of exclusion, restriction, or modification under the laws applicable to this agreement.

 

In no event will Driven or any person or entity involved in creating or producing the App be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential, or punitive damages arising out of the use of or inability to use the App, even if Driven is advised or made aware of the possibility of such damages. By using the App, you hereby acknowledge that the provisions of this section shall apply to all information on the App.

 

In addition to the terms set forth above, Driven, its affiliates, and its third-party licensors shall not be liable, regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or un-authenticity of, the information contained within the App, or for any delay or interruption in the transmission thereof to you, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, or punitive or consequential damages. None of Driven, its affiliates, and its third-party licensors warrant or guarantee the timeliness, sequence, accuracy, or completeness of the information on the App. Descriptions of or references to products, services, or publications within the App do not imply Driven’s endorsement of such products, services, or publications.

 

Additional disclosures and disclaimers

 

The information contained on this App is not intended for distribution to or use by anyone, nor is it intended to constitute an offer or solicitation of banking or other services, in any jurisdiction, state or country where such distribution or use or the offering, solicitation or providing of such services is contrary to applicable law.

 

The products and services referred to on the App are only available in Canada. If you are not currently a resident of Canada, you should not access the information available on this App.

 

Any information on this App is provided for informational purposes only and is not intended as an offer or solicitation for the sale or purchase of any security, nor should it be used or relied on in connection with any sale or purchase of securities.

 

The information available on or through the Driven App is provided by sources believed by Driven to be reliable. Any information, including performance data available through any third-party provider is not guaranteed to be current, accurate or complete and is subject to change without notice. Any expressed views or opinions provided on our App do not imply endorsement.

 

Neither we nor any of our affiliates or third-party service provider acts as an advisor or fiduciary in providing any information on or through this App. Please consult a qualified financial, legal, tax, accounting, estate planning or other advisor for guidance concerning your specific circumstances.

 

Indemnification by You

 

You hereby agree to defend, indemnify, and hold harmless Driven, its affiliates, third-party licensors, their respective directors, officers, employees, and agents and their successors and assigns from and against any liability, loss, claim, and expense, including legal fees and disbursements on a solicitor-client basis related to any violation of the Terms, the Privacy Policy or your use of the App, or any information on the App.

 

Links to Other Web sites

 

The App may contain links to third-party Web sites. Driven is not responsible for the content, accuracy, or opinions expressed in such third-party Web sites, and the inclusion of any third-party Web site does not imply the approval or endorsement of such third-party Web site by Driven. Furthermore, a link to third-party Web sites should not be construed to mean that Driven is affiliated or associated with or is legally authorized to use any trademark, trade name, logo or copyrighted symbol that may be reflected in the link or the description of the link to the third-party Web sites.

 

Links to Our App

 

We welcome links to our App from other sources; however, we in no way operate, control or endorse such sources, and we reserve the right to disallow any such link at any time in our sole discretion. Should you wish to link to our App, please contact support@driven.ca. Driven is not responsible for the privacy policies or terms of use of any such sources.

 

Mobile Services

 

The App is free and can be downloaded via Wi-Fi or cellular data. However, the App itself will use your cellular data to transfer information to and from Driven. You are responsible for any fees imposed by a service provider that you might incur by accessing Mobile Services.

 

Federal and provincial laws may prohibit you from using your mobile device and the Appin any manner while driving. For your own safety, and the safety of everyone around you, Driven strongly encourages you to avoid using your mobile device or the App while driving.

 

Face ID, Touch ID and Android Biometrics

 

When you enable the Face ID, Touch ID or Android Biometrics on the App, you can either access the App with facial recognition, a single touch, or use your email and password to log in.

 

These functions are offered by your mobile device’s manufacturer and Driven does not endorse or warrant its use. Driven does not record or store your biometric data in any way and assumes no responsibility or liability with regards to your use or inability to use these functions. If you choose to enable these functions, any biometric data recorded in your mobile device can be used to access the App and your Driven account. To help keep your account and personal information secured, Driven does not recommend that you activate these functions if biometric data not belonging to you is recorded on your mobile device. Driven assumes no responsibility or liability which may result from the App being accessed with biometric data that does not belong to you.

 

 

General

 

Driven shall have the right at any time to change or discontinue any aspect or feature of the App, including, but not limited to, content, hours of availability, and equipment needed for access or use. You agree not to impersonate another person in your use of the App or in the sending of any e-mail to any address listed on the App. You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the App and all charges related thereto. Any products, services or publications mentioned in the App are made available in accordance with local law and only where they may be lawfully offered for sale.

 

The Terms will be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein without regard to conflict of law principles, and you hereby consent and submit to the jurisdiction of the courts of the Province of Ontario in any action or proceeding instituted under or related to the Terms. To the extent that any portion of the Terms shall be determined to be unenforceable by a court of the Province of Ontario, such portion will be modified by such court to the extent necessary to cause such portion to be enforceable, and the remaining Terms will remain in full force and effect. Any waiver of any provisions contained in the Terms shall not be deemed to be a waiver of any other right, term, or provision of the Terms. The Terms constitute the entire agreement between you and Driven with respect to the App and supersede all previous written or oral agreements between you and Driven with respect to the App.

 

If you have a question or concern about anything posted on the App , feel free to contact us at support@driven.ca.