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Terms of Use

Terms of Using W5Go™

Last Updated: February 5, 2020

These Terms of Use (“Terms”) govern your access to and use of the W5Go™ website, RogoCoder™ website, WIWN Games™ website and VROOM2™ website (the “Sites”), the online gameplay webpages contained in the Sites (the “Online Games”) and related game applications (the “Apps”) (collectively, the “Services”), which are owned and operated by Ecocarrier Inc. and/or QiiQ Communications Inc. (collectively referred to as “Ecocarrier”). These Terms also govern any and all purchases you make through the Services. In addition to these Terms, your access to and use of the Services are governed by our Privacy Policy, which is incorporated into these Terms by reference. A copy of our Privacy Policy is posted on each of the Sites. Please read these Terms and our Privacy Policy carefully.

These Terms constitute a binding agreement between you and Ecocarrier. By accessing or using the Services, you are indicating that you have read and agree to be bound by these Terms. If you do not accept these Terms, please do not access or use our Services.

Ecocarrier reserves the right, in its sole discretion, to modify these Terms at any time and without any notice to you by posting an updated version on our Sites. Please visit our Sites to review the last updated Terms. By continuing to access or use the Services after updated Terms have been posted on our Sites, you agree to be bound by the updated Terms.

ELIGIBILITY AND OUR SERVICES

By accessing or using the Services, you represent and warrant to Ecocarrier that:

  1. 1. you are at least eighteen (18) years of age and can legally enter into a binding contract, or you have your parent’s permission to access or use the Services and your parent has read and agreed to these Terms on your behalf;
  2. 2. all information you provide to Ecocarrier is accurate, current and complete, and you will maintain the accuracy, currency and completeness of such information; and
  3. 3. you are legally permitted to access and use the Services, and are fully responsible for such access to and use of the Services.

These Terms are void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.

CHILDREN AND OUR SERVICES

While our Online Games and Apps are designed for children, our Sites are intended to be used only by parents and other adults over the age of eighteen (18).

By accessing or using any of our Sites, you represent and warrant to Ecocarrier that you are at least eighteen (18) years of age. Ecocarrier reserves the right, in its sole discretion, to take any action it deems necessary if it discovers that you are under the age of eighteen (18).

If you are under the age of thirteen (13) and are located in the United States of America, please read the “Special Terms and Conditions for Users Located in the United States of America” section of our Privacy Policy for more information.

LIMITED LICENSE

Subject to your compliance with these Terms, Ecocarrier hereby grants you a limited, non-exclusive, non-transferable license to:

  1. 1. access the Services solely for your personal and non-commercial use, and
  2. 2. download and install a copy of the Apps on a single mobile device or tablet computer that you own or control solely for your personal and non-commercial use.

You will not sublicense the license rights granted herein. No other licenses or rights are granted to you except for those expressly granted to you under these Terms.

PURCHASES

A purchase may be required in order to download and install our Apps. There may also be optional in-app purchases for accessing additional features and functions available in our Apps. Unless otherwise noted, the list price displayed represents the full price, less any applicable sales tax or other charges. Any and all purchases are processed directly by our marketplace partners, such as the Apple App Store or Google Play Store.

Ecocarrier is not related to or affiliated with Apple Inc. or Google LLC.

THIRD-PARTY LINKS

The Services may contain links to third-party websites, services, goods or advertisements (“Third-Party Websites”) that are not owned or controlled by Ecocarrier. To the extent permitted by law, Ecocarrier is not responsible for the availability, content, accuracy, security or privacy practices of these Third-Party Websites linked to the Services. Ecocarrier provides these third-party links to you solely for convenience only, and not as an endorsement by Ecocarrier. You use these third-party links entirely at your own risk, and agree that Ecocarrier is not responsible or liable for any loss or damage arising from your use of these third-party links.

COMMUNICATIONS WITH ECOCARRIER

You may contact us at the address below and provide us with comments, feedback, suggestions, questions, privacy requests and other communications. However, to the extent permitted by law, please do not provide us with any confidential, proprietary or personal information as all communications sent to us will become the property of Ecocarrier.

Please refer to our Privacy Policy posted on the Sites for information on how we handle your personal information.

DISCLAIMER OF WARRANTY

Ecocarrier makes no representations or warranties that the Services will meet your requirements, be available or operate on an uninterrupted, secure or error-free basis, or be free from computer viruses or other harmful mechanisms. Ecocarrier makes no representations or warranties about the accuracy, reliability, completeness or timeliness of the content contained in the Services. The Services are provided “as is” without any representations or warranties of any kind, whether express or implied, including the warranty of merchantability, fitness for a particular purpose and non-infringement.

Ecocarrier makes no claims that the Services may be lawfully viewed, downloaded, used or accessed in your country. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services, you do so at your own risk and are responsible for complying with the laws of your jurisdiction.

RESTRICTIONS ON USE

As a condition of your access to or use of the Services, you agree and warrant that you will not use the Services for any purpose that is unlawful or prohibited by these Terms, or that Ecocarrier deems in its sole discretion objectionable. You will not use a false e-mail address, impersonate another person or misrepresent your affiliation with another person, or otherwise mislead as to your origin. You will not use the Services in any manner that could interfere with another’s use or enjoyment of the Services. You will not attempt to gain unauthorized access to the Services or a user account through hacking, password mining or any other means. You will not access or attempt to access any materials or information that was intentionally made not available through the Services. You will only access the Services through the Sites, Online Games or Apps. Ecocarrier reserves the right to restrict, suspend or terminate your access to the Services at any time, without notice and for any reason.

Furthermore, you agree and warrant that you will comply with the terms of use/service of the specific marketplace partner where you downloaded our App. A link to each marketplace partner’s website can be found at https://www.w5go.com/w5go-app-stores.html.

INTELLECTUAL PROPERTY

Ecocarrier is the owner or authorized licensee of all intellectual property rights contained in the Services and its contents. You acknowledge that you do not acquire any ownership rights by accessing or using the Services or its contents, or downloading and installing the Apps.

Unless otherwise permitted by law or by Ecocarrier’s prior written consent, you will not copy, adapt, modify, distribute, sell, transfer, publish, publicly display or perform, transmit, stream, broadcast, prepare derivative works based upon or otherwise exploit the Services or its contents, or infringe upon any intellectual property rights therein.

You also agree not to do any of the following: (1) attempt to decipher, decompile, disassemble, reverse engineer or otherwise hack the Services or any software used to provide the Services; (2) attempt to breach any security or authentication measures of the Services; (3) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Ecocarrier or any third-party on its behalf to protect the Services or its content, including all text, images, audio content, videos, designs, graphics, information, logos, downloadable content, software and any other content contained therein, and all intellectual property and other proprietary information of Ecocarrier; (4) use the Services or its content for any commercial purpose or the benefit of any third-party, or in any manner not permitted by these Terms; (5) take any action that damages or tampers with the Services; (6) interfere or attempt to interfere with another users’ use of the Services; (7) impersonate or misrepresent your affiliation with another person; (8) violate any applicable law or regulation; and (9) encourage or enable another person to do any of the foregoing.

You are not permitted to use the trademarks displayed on the Sites without Ecocarrier’s prior written consent or, as the case may be, the prior written consent of the third-parties that own the trademarks.

To the fullest extent of the law, Ecocarrier reserves the right to investigate and prosecute violations of any of the foregoing. Ecocarrier may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Ecocarrier has no obligation to monitor your access to or use of the Services or its contents, but reserves the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. At any time and without prior notice, Ecocarrier reserves the right to remove or disable access to the Services or any of its content that Ecocarrier, in its sole discretion, considers to be in violation of these Terms or otherwise harmful to the Services.

INDEMNITY

You agree to fully indemnify and hold harmless Ecocarrier, its affiliates and their respective officers, directors, shareholders, employees, agents, representatives and resellers from and against any and all claims, suits, proceedings, actions, demands, liabilities, damages, losses or expenses (including legal and accounting fees) arising out of, resulting from or related to: (1) your access to or use of the Services, and (2) any breach of these Terms by you.

LIMITATION OF LIABILITY

To the extent permitted by law, in no event will Ecocarrier, its affiliates and their respective officers, directors, shareholders, employees, agents, representatives and resellers be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including but not limited to loss of data, loss of profits, business interruption, property damage and personal injury (including bodily injury and emotional distress), even if Ecocarrier has been advised of the possibility of such damage.

To the extent permitted by law, if Ecocarrier is found to be liable to you for any loss or damage, which arises out of or is in any way connected with your use of the Services or its contents, Ecocarrier’s liability shall in no event exceed the amount you paid to Ecocarrier for your use of the Services.

TERM AND TERMINATION

Ecocarrier reserves the right, in its sole discretion, to pursue all remedies available to it (including, but not limited to, suspending, disabling and terminating your access to and use of the Services) upon any breach by you of these Terms, any impermissible access to or use of the Services, or for any other reason Ecocarrier deems objectionable.

These Terms, as updated, will continue to apply to you for as long as you access or use the Services. However, you acknowledge and agree that certain provisions of these Terms shall continue to apply to you even after you cease using the Services.

GENERAL
  1. 1. Assignment. You may not assign or transfer these Terms without Ecocarrier’s prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void, and of no effect. Ecocarrier may assign or transfer these Terms, in its sole discretion, without restriction.
  2. 2. Entire Agreement. These Terms represent the entire agreement between Ecocarrier and you with respect to the Services, and these Terms supersede any and all previous or contemporaneous oral or written negotiations and agreements between Ecocarrier and you regarding the Services.
  3. 3. Governing Law. These Terms are governed, construed, interpreted and enforced in accordance with the laws of the Province of Ontario, Canada, without reference to the conflicts of law rules. Jurisdiction for any claims arising out of these Terms shall lie exclusively with the Toronto courts within the Province of Ontario.
  4. 4. Severability. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
  5. 5. Survival. All provisions of these Terms that reasonably may be interpreted as surviving the termination of these Terms shall survive such termination.
  6. 6. Waiver. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision of these Terms. Furthermore, Ecocarrier’s failure to enforce any provision of these Terms shall not be deemed as a waiver of such provision or otherwise affect Ecocarrier’s ability to enforce such provision at any point in the future.
CONTACT US

By Mail: Ecocarrier Inc./QiiQ Communications Inc.
30 East Beaver Creek Rd, Unit 209
Richmond Hill, Ontario
Canada L4B 1J2
Attention: Privacy Officer

By Email: privacy@ecocarrier.com