ZoomAndGo.com Inc. (“Zoom And Go”) operates the Zoom And Go web site available through the ZoomAndGo.com domain name (the “Web Site”). By using and/or visiting this Web Site and using the services or functionality made available through the Web Site, you signify your agreement to
Please read these TOS carefully before using or registering with the Web Site. If you do not agree to all of these terms and the privacy notice, please do not use this Web Site.
Although we may attempt to notify you when major changes are made to these TOS, We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these TOS at any time without further notice. If we do this, we will post the changes to these TOS on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new TOS.
If you do not agree to abide by these or any future TOS, do not use or access (or continue to use or access) the Web Site. It is your responsibility to regularly check the Web Site to determine if there have been changes to these TOS and to review such changes.
Some of the content found on the Web Site is owned by members, some of the content found on the Web Site is owned by other third party providers, and some of the content found on the Web-site is owned by Zoom And Go. In addition, the trademarks, logos and service marks (“Trademarks”) displayed on the Web Site are either registered or common law Trademarks of Zoom And Go, its affiliates and various third parties. Nothing contained on the Web Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the Trademarks without the written permission of Zoom And Go, or such other party that may own the Trademarks.
Zoom And Go provides information on experiences around the world from members (“Zoomers”). These experiences help generate income that is shared with charities and causes representing various interests around the world in order to help make a difference and potentially change the world (the “Service”).
Zoom And Go collects the following content (“User Content”) from Zoomers:
In order to access some features of the Web Site, you will have to become a member (“Zoomer”) by creating a Zoom And Go account. Membership in the Web Site is free.
You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Zoom And Go immediately of any breach of security or unauthorized use of your account.
Although Zoom And Go will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Zoom And Go or others due to such unauthorized use.
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of your applicable jurisdiction. You also agree to:
If you provide any information that is untrue, inaccurate, not current or incomplete, or Zoom And Go has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Zoom And Go has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
Zoom And Go is concerned about the safety and privacy of all its users, particularly children. Membership in the Service is void where prohibited. This Web Site is intended solely for users who are thirteen (13) years of age or older. Any registration by, use of or access to the Web Site by anyone under 13 is unauthorized, unlicensed and in violation of these TOS. By using the Service or the Web Site, you represent and warrant that you are 13 or older and that you agree to and to abide by all of the terms and conditions of this TOS.
Your privacy is important to Zoom And Go. All information gathered from you in connection with your use of the Web-site will be governed by the provisions of the Web Site's Privacy Statement. You acknowledge that you have read the Zoom And Go Privacy Statement, the terms of which are incorporated herein, and agree that the terms of such Privacy Statement are reasonable. You consent to the use of your personal information in accordance with and for the purposes set forth in such Privacy Statement.
Zoom And Go’s logo, “Zoom And Go” and “ZoomAndGo.com”, “Zoomers” and all other product or service names or slogans displayed on the Web Site are registered and/or common law trademarks of Zoom And Go and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Zoom And Go or the applicable trademark holder.
In addition, the look and feel of the Web Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Zoom And Go and may not be copied, imitated or used, in whole or in part, without the prior written permission of Zoom And Go. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Web Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Zoom And Go.
All content on the Web Site and available through the Service, including User Content, designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of Zoom And Go, its users or its licensors with all rights reserved.
Zoom And Go grants you a limited, non-transferable license to use the Web Site in accordance with these TOS. You may only use the Web Site for legitimate purposes for which the Web Site is available, and shall not use this site for any other purposes.
You may not modify, copy, reproduce, display, publish, publicly perform, create derivative works of, sell, transfer, transmit, compile, collect in a database, distribute or otherwise use the Site Content in any way for any public or commercial purpose without the express, prior permission of the Zoom And Go and/or the copyright holder.
You are granted a limited license to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited.
You may not use any “robot” “spider” or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on the Web Site.
Any use of the Web Site or the Site Content other than as specifically authorized herein, without the prior written permission of Zoom And Go, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these TOS shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
You represent and warrant that your use of the Web Site and the Site Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law. You expressly agree to indemnify Zoom And Go against any liability to any person arising out of your use of Site Content not in accordance with these TOS.
By submitting User Content to Zoom And Go, you:
By submitting User Content to Zoom And Go, you affirm, represent and/or warrant that:
User Content submitted will be considered non-confidential and Zoom And Go is under no obligation to treat such User Content as proprietary information. Without limiting the foregoing, Zoom And Go reserves the right to use the User Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it.
Apart from the money that you are awarded to donate to Charity of your choice, Zoom And Go is under no obligation to offer you any personal payment for User Content that you submit or the opportunity to edit, delete or otherwise modify your User Content once the it has been submitted to Zoom And Go.
You understand that all User Content appearing on the Web Site or submitted to the Web-site is the responsibility of the person or entity originating such User Content, and Zoom And Go disclaims any liability with respect to such User Content.
You understand that Zoom And Go will have the right (but under no circumstances will Zoom And Go have any obligation) to screen, edit, refuse to post or remove any User Content, in whole or in part, from any portion of the Web Site, in its sole discretion, including, but not limited to, User Content that violates these TOS or is otherwise objectionable.
Zoom And Go reserves the right to disclose any User Content as necessary to satisfy any applicable law, regulation, legal process or governmental request. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right or any other harm resulting from your use of the Web-site.
You further agree that you will not, in connection with User Content, submit material that is contrary to the Zoom And Go Submission Guidelines, found at http://www.Zoom And Go.com/Submission_Guidelines, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
Zoom And Go does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Zoom And Go expressly disclaims any and all liability in connection with User Content. Zoom And Go does not permit copyright infringing activities and infringement of intellectual property rights on its Web Site, and Zoom And Go will remove all User Content if properly notified that such User Content infringes on another's intellectual property rights. Zoom And Go reserves the right to remove User Content without prior notice.
Just to be clear, all Zoomers retain all copyright, title and ownership rights to their User Content submitted to Zoom And Go.
Zoom And Go reserves the right to suspend or terminate a Zoomer’s account without any further obligation if:
Zoom And Go shall determine, in its sole discretion, all cases of suspected abuse or violation of its rules and any decision it makes relating to the termination of Membership shall be final and binding and shall determine what will happen to all money accumulated by a Zoomer in their account on a case by case basis.
If Zoom And Go determines or suspects, in its sole discretion, that a Zoomer has engaged in prohibited behaviour under this TOS, Zoom And Go may decide to do any or all of the following: (1) terminate or suspend a Zoomer’s account, (2) refer a Zoomer’s case to local authorities for legal action. Zoom And Go may delay payment to investigate if a Zoomer has engaged in such conduct. Any decision Zoom And Go makes about the validity of a Zoomer’s account is final and binding on a Zoomer.
Membership may be cancelled at any time by sending an e-mail to Memberships@ZoomAndGo.com.
Zoom And Go does not endorse or recommend any of the User Content or ideas contributed by its Zoomers. Zoom And Go may take any actions that it deems necessary or appropriate to minimize its liability from any Zoomer Reviews or to preserve Zoom And Go’s relationships with its service providers (such as its Internet access providers). Zoom And Go also has the right at its discretion to apply reasonable edits, such as spelling corrections, grammatical improvements or deletion of potentially offensive language, which do not alter the intent of any written submissions.
A Zoomer expressly agrees that use of the Service and the Web Site is at the Zoomer's sole risk. The Service and Web Site is provided on a strictly "as is" and "available" basis. ZOOM AND GO MAKES NO WARRANTY WITH REGARD TO ANY PRODUCTS, SERVICES OR REWARDS OBTAINED BY ZOOMERS THROUGH THE SERVICE OR THROUGH SERVICE ADVERTISERS OR PARTNERS; THAT THE SERVICE WILL MEET ZOOMER'S REQUIREMENTS; OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, OR ERROR FREE; NOR DOES ZOOM AND GO MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR SITE. A Zoomer understands and agrees that any material and/or data downloaded or otherwise obtained through or from the Service or Site is at their own discretion and risk, and that a Zoomer will be solely responsible for any damage to their computer system or loss of data that results from the download of such material and/or data. Zoom And Go does not warrant or guarantee that such materials are free of viruses, worms, trojan horses or other destructive code. Zoom And Go expressly disclaims any and all express and implied warranties, including, but not limited to, the implied warranties of title, merchantability, fitness for a particular purpose or non-infringement. Zoom And Go shall not be liable or responsible for those guarantees, warranties and representations, if any, offered by advertisers, partners, vendors, manufacturers of merchandise or suppliers of services. No advice or information, whether written or oral, obtained by a Zoomer from Zoom And Go or through the Service or Site shall create any warranty not expressly made herein. Notwithstanding these precautions, however, there are certain conditions that exist on the Internet generally which are outside Zoom And Go's control and could result in a breach of security. Accordingly, Zoom And Go cannot guarantee that a Zoomer’s confidential information will be free from corruption or piracy. A Zoomer hereby expressly waives any claim against Zoom And Go arising out of the loss of data through corruption, piracy, breach of security or for any other reason.
UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL ZOOM AND GO OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, ASSIGNS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, RELATING TO THE PARTICIPATION OR INABILITY TO PARTICIPATE IN THE SERVICE OR SITE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO BY MEANS OF THE SITE OR SERVICE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFIT, USE, DATA OR OTHER INTANGIBLES, EVEN IF ZOOM AND GO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Although submissions are digital in format, Zoom And Go cannot accept liability for loss or damage of images while in their possession. Truly rare and irreplaceable “one of a kind” Images should only be provided to Zoom And Go in the form of appropriately labelled, reproduction quality duplicates. The Zoomer hereby releases Zoom And Go from any liability to the Zoomer, his/her heirs or assigns for any loss or damage to the images unless caused by Zoom And Go’s gross and wilful negligence. Zoom And Go is not responsible for damages or losses that result from participation or inability to participate in the Service or Web Site, or reliance on the use of information, services or merchandise provided on or through the Service or Web Site. Zoomer acknowledges and agrees that Zoom And Go neither endorses the contents of the messages, nor assumes responsibility or liability for the accuracy of material contained therein, or any infringement of third party intellectual property rights arising there from, or any fraud or the crime facilitated thereby. Zoom And Go is not responsible, and assumes no liability for changes or discontinuances of service from providers, which may affect offers.
Zoomer agrees to indemnify and hold Zoom And Go, affiliates, officers, employees, directors and agents harmless from any claim, demand, expense or damage, including reasonable attorneys’ fees relating to the use of the Service or Web Site or violation of this TOS.
It is the express wish of all parties that this TOS and all documents, notices and other communications relating thereto be in English.
If you have any questions, concerns or comments, Zoom And Go can be reached at the address, telephone number or e-mail address indicated under the Contact Us section of the Zoom And Go Site.
Foreign Zoomers agree that some material, services or content may not comply with applicable local, state or national laws or regulations of the Zoomer's country of residence, even if not expressly disclaimed or warned by Zoom And Go, and therefore agrees not to use, transmit, disseminate or upload any material, content, or use any services that violate Zoomer's country or state of residence applicable laws and regulations by any means. Under nor circumstance shall Zoom And Go be deemed liable for delivering content or services which violate any jurisdiction other than Canada.
Governing Law and Arbitration This TOS is governed in all respects by the laws of Canada independent of country or origin or residence of Zoomer. Any controversy or claim arising out of or relating to this TOS or the Zoom And Go.com site shall be settled by binding arbitration in accordance with the commercial arbitration rules of Canada or as otherwise agreed by the Parties to the dispute. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Toronto, Canada, and judgement on the arbitration award may be entered into any court having jurisdiction thereof. The award of the arbitrator shall be final and binding upon the parties without appeal or review except as permitted by Canada law. Notwithstanding the foregoing, either party may seek any interim or preliminary relief from a court of competent jurisdiction in Toronto, Canada as necessary to protect the party's rights or property pending the completion of arbitration. Nothing herein shall prevent Zoom And Go from commencing legal proceedings in any jurisdiction to enforce or protect its intellectual property or other rights.
This TOS (and any addenda or statements expressly incorporated into this TOS) constitutes the entire agreement, and supersedes the provisions of any other agreements or understandings (oral or written), between the parties with respect to the subject matter of such documents. In the event of any conflict between the terms of this TOS and an addendum, the provisions of the addendum shall control.
Zoomers shall comply with all laws and regulations applicable to your access and use of the Site and your publication of User Content. If any portion of this TOS is deemed unenforceable, that portion shall be enforced to the maximum extent possible and the remaining portions of the TOS shall be given full effect. Zoom And Go’s failure to act in a particular circumstance does not waive the ability to act with respect to that circumstance or similar circumstances. Zoom And Go shall be excused for any failure to perform to the extent that its performance is prevented by any reason outside of its control. No agency, partnership, joint venture, employment or franchise relationship is intended or created by this TOS. Zoom And Go may change, remove, or require registration or payment to continue use of, any aspect of the Site and service at any time without further notice to a Zoomer. Zoom And Go’s suppliers and co-brand partners are third-party beneficiaries of this TOS.