Terms of Service

Who we are

Welcome to Tangible (the Site). Tangible Inc. is operated by Tangible Inc. (we, our, us). It is our pleasure to have you with us. We are a company in trade registered in Canada under company number 975541-1 and with our registered office at Tangible Inc. 2355 Rue King O. Suite 11. Sherbrooke, QC J1J 2G6, Canada. You can contact us by phone on +1-(877)-761-8696 or by email at [email protected].

Agreement to terms

These are the terms that govern your use of  material on this Site and the Site itself. By viewing and using the Site you will be deemed to agree to the following terms and conditions  (“Terms of Service”, “Terms”, “Terms of Use”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. That creates a contract between us and you. If you are acting on behalf of a business, you will be taken to have the authority to do so and the contract will be between us and the business you represent. By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

General conditions

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Unless we say otherwise for a part of the Site, new copyright in material on the Site is owned by us or our licensors.

Licensing

All intellectual property rights in other material on our Site are reserved.  You are not permitted to sub-license, sell or republish it any way.

Accuracy, completeness and timeliness of information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

User content, comments, feedback and other submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Unlawfulness and abuse

You agree that you will not post or transmit to or from the Site or any associated support forum any material that is illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or otherwise injurious or objectionable.

Indemnity

You agree to and will indemnify us and keep us indemnified against all liabilities, damages, losses, costs and expenses (including legal expenses) suffered or incurred by us as a result of any breach by you (including, if you’re a business, your staff) of any of these terms.

Termination or expiry

Termination or expiry of the contract will not affect:

  • any rights and remedies available to us which have accrued up to and including the date of termination or expiry; or
  • the provisions of the contract which, by their nature, survive termination or expiry, including the paragraphs headed “Indemnity”, “Effect of a clause being held unlawful” and “Governing law and jurisdiction”.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice.

Privacy

Our treatment of your personal information is described in our Privacy Statement. In agreeing to these terms of use or using our website, you will be taken to have read and agreed to the terms of that privacy statement.

Commercial messages

You agree that we may send emails to you in relation to matters relevant to this Site or our services. You’ll be able to unsubscribe from these emails at any time.

You agree that we may use affiliate links in or for the Site in accordance with our Affiliate Linking Policy. In agreeing to these Terms of Use or using our website, you will be taken to have read and agreed to the terms of that Affiliate Linking Policy.

Certain content available via our Site may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Changes to terms

We reserve the right to change these terms and our privacy statement at any time and will provide you with notice of the change, either on this Site or by email, as we prefer. You agree that notice of a change on this Site will be deemed to be notice to you. Continued use of this Site after any such change constitutes your agreement to the change.

Effect of a clause being held unlawful

If any of these terms or its application to any person or circumstances is, to any extent, held to be invalid, illegal or unenforceable for any reason by any court or tribunal:

  • that term will continue to apply, to the maximum extent permitted by law, to other persons or circumstances not affected by the invalidity, illegality or unenforceability;
  • the invalid, illegal or unenforceable provision will be deemed to be amended to reflect the original intention (as determined from this Site) as nearly as possible in accordance with applicable law in respect of those persons or circumstances giving rise to the invalidity, illegality or unenforceability; and
  • the remainder of these terms shall continue in full force and effect.

Errors, inaccuracies and omissions

Occasionally there may be information on our site or in the Site that contains typographical errors, inaccuracies or omissions that may relate to promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Site or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Site or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Site or on any related website, should be taken to indicate that all information in the Site or on any related website has been modified or updated.

Entire agreement

The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

These Terms of Use and any policies or operating rules posted by us on this site or in respect to The Site constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use)

Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.

Governing law and jurisdiction

These terms are governed by the laws of Canada. Without limitation to our ability to secure interim relief in any jurisdiction, you agree to submit to the exclusive jurisdiction of the courts of Canada in relation to any dispute concerning the contract formed by these terms, its formation or your use of this Site.

Enquiries or complaints

It’s important to us that you let us know if you have any concerns or need support. We’re here to help. If you have any enquiries or complaints, please contact us by email at [email protected].

Changelog:

Terms of use created on 23 March 2018.
Registered office address updated on 31 May 2018.
Registered office address and phone number updated on 17 January 2023. No changes have been made since that date.