TERMS OF SERVICE

Last updated: 11/01/2019

Introduction

Welcome to Ecounter Solutions Inc. (“Company”, “we”, “our”, “us”)! As you have just clicked our Terms of Service, please pause, grab a cup of coffee and carefully read the following pages. It will take you approximately 20 minutes.

These Terms of Service (“Terms”, “Terms of Service”) govern your use of our web pages located at www.peekage.com and our mobile application Peekage (together or individually “Service”) operated by Ecounter Solutions Inc..

Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages. Please read it here www.peekage.com/terms.

Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood Agreements, and agree to be bound of them.

If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing at support@peekage.com so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use Service.

Thank you for being responsible.

    Communications

    By creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at.

      Contests, Sweepstakes and Promotions

      Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through Service may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, Promotion rules will apply.

        Content

        Content found on or through this Service are the property of Ecounter Solutions Inc. or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

          Prohibited Uses

          You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:

          • (a) In any way that violates any applicable national or international law or regulation.
          • (b) For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
          • (c) To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
          • (d) To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
          • (e) In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
          • (f) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.

          Additionally, you agree not to:

          • (a) Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.
          • (b) Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.
          • (c) Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.
          • (d) Use any device, software, or routine that interferes with the proper working of Service.
          • (e) Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
          • (f) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
          • (g) Attack Service via a denial-of-service attack or a distributed denial-of-service attack.
          • (h) Take any action that may damage or falsify Company rating.
          • (i) Otherwise attempt to interfere with the proper working of Service.

            Analytics

            We may use third-party Service Providers to monitor and analyze the use of our Service.

            Google Analytics

            Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualise and personalise the ads of its own advertising network.

            For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en

            We also encourage you to review the Google's policy for safeguarding your data: https://support.google.com/analytics/answer/6004245.

            Firebase

            Firebase is analytics service provided by Google Inc.

            You may opt-out of certain Firebase features through your mobile device settings, such as your device advertising settings or by following the instructions provided by Google in their Privacy Policy: https://policies.google.com/privacy?hl=en

            For more information on what type of information Firebase collects, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en

            Amplitude

            Amplitude is analytics service provided by Amplitude Inc.

            For more information on the privacy practices of Amplitude, please visit the Amplitude Privacy Policy or write to Amplitude at privacy@amplitude.com.

              No Use By Minors

              Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using any of Company, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of Service.

                Accounts

                When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.

                You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

                You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

                We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

                  Intellectual Property

                  Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Ecounter Solutions Inc. and its licensors. Service is protected by copyright, trademark, and other laws of the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Ecounter Solutions Inc..

                    Copyright Policy

                    We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

                    If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to dmca@peekage.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”

                    You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.

                      DMCA Notice and Procedure for Copyright Infringement Claims

                      You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

                      • (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
                      • (b) a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
                      • (c) identification of the URL or other specific location on Service where the material that you claim is infringing is located;
                      • (d) your address, telephone number, and email address;
                      • (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
                      • (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

                      You can contact our Copyright Agent via email at dmca@peekage.com

                        Error Reporting and Feedback

                        You may provide us either directly at support@peekage.com or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

                        The third party sites and tools mentioned above include the following:

                        Zendesk

                        Zendesk is a service-first CRM company that builds software designed to improve customer relationships by Zendesk Inc. Please read their Privacy Policy here:

                        https://www.zendesk.com/company/customers-partners/privacy-policy

                        Firebase Crashlytics

                        Firebase Crashlytics is bug reporting service provided by Google Inc.

                        You may opt-out of certain Firebase features through your mobile device settings, such as your device advertising settings or by following the instructions provided by Google in their Privacy Policy: https://policies.google.com/privacy?hl=en

                        For more information on what type of information Firebase collects, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en

                          Links To Other Web Sites

                          Our Service may contain links to third party web sites or services that are not owned or controlled by Ecounter Solutions Inc..

                          Ecounter Solutions Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

                          YOU ACKNOWLEDGE AND AGREE THAT Ecounter Solutions Inc. SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.

                          WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.

                            Disclaimer Of Warranty

                            THESE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.

                            NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

                            COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

                            THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

                              Limitation Of Liability

                              EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

                                Termination

                                We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.

                                If you wish to terminate your account, you may simply discontinue using Service.

                                All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

                                  Governing Law

                                  These Terms shall be governed and construed in accordance with the laws of Province of Ontario, Canada without regard to its conflict of law provisions.

                                  Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.

                                    Changes To Service

                                    We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.

                                      Amendments To Terms

                                      We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.

                                      Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

                                      By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.

                                        Waiver And Severability

                                        No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.

                                        If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

                                          Peekage Social Media Program Terms

                                          (a) Eligibility

                                          The Program is only open to individuals who: (i) are legal Canadians or US residents that physically residing in Canada or the US, (ii) have been invited to participate in the Program by the Peekage or Sponsor. This Program is subject to all applicable federal, state or provincial and local laws and regulations, and is void where prohibited or restricted by law.

                                          (b) How to Participate

                                          In order to see if you match with Samples, you must do the following:

                                          • 1. Answer some questions to help us understand you better and offer you a more personalized free product sample;
                                          • 2. As soon as you match with a sample, enter your address information where we can send you the product samples;
                                          • 3. Enter your contact information like email address and phone number where we can keep you updated about the delivery of your samples.
                                          • 4. Accept these Terms and Conditions;
                                          • 5. By your participation, you agree to be bound by the Peekages’s Terms of Service, available at Peekage’s website.
                                          • 6. By your participation, you are opting in to receive emails from Peekage and Sponsor
                                          • 7. By using the free product sample, you agree to be bound by the Sponsor’s Terms of use, available on the Sponsor’s website
                                          (c) Program Period

                                          This Program is ongoing, and may be terminated at any time at the Sponsor or Peekage’s discretion.

                                          (d) Offer Availability

                                          The Offers available under the Program are subject to change at any time, and neither Sponsor nor Peekage warrant that specific Offers, or any Offers, will be available at the time you participate in the Program.

                                          You may only participate once in the Program. Any attempt by any person to subvert these limits by creating or using multiple different entries or any other methods will void such person’s Offer requests and that person will be disqualified from participating in the Program at the Sponsor’s or Peekage’s discretion.

                                          Any applicable taxes are solely your responsibility. Products are non-transferable. No substitutions, cash-outs, or alternative merchandise selections are permitted. If any Offer is returned as undeliverable, no further attempts will be made to deliver it and it will be deemed forfeited. Sponsor and Peekage are NOT responsible for any lost, late, delayed, or misdirected Offers.

                                          (e) Release

                                          By participating in this Program, participants agree to release, discharge, and hold harmless Sponsor, Peekage, and their respective parents, affiliates, subsidiaries, advertising and promotions agencies, directors, officers, and other individuals engaged in the development or execution of this Program, from any liability, claims, losses, and damages arising out of or relating to their participation in this Program or the acceptance, use, misuse, or possession of any product received in connection with this Program.

                                          Sponsor and Peekage are not responsible for any typographical or other error in the printing of the Program or any Offer, including erroneous appearance of qualification for the Program or any Offer. If for any reason Sponsor and/or Peekage is prevented from continuing with this Program, or if the integrity and/or feasibility of the Program or any Offer is severely undermined by any event, Sponsor shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel or terminate the Program without further obligation.

                                          CAUTION: ANY ATTEMPT BY A PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY ALTER OR DAMAGE ANY WEBSITE, APP, OR SERVICE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE PROGRAM ARE PROHIBITED AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR AND PEEKAGE EACH RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

                                          BY PARTICIPATING IN THIS PROGRAM YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING ALL RELEASES, LIMITATIONS OF LIABILITY AND DISCLAIMERS, AS SPECIFIED HEREIN.

                                            Acknowledgement

                                            BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

                                              Contact Us

                                              Please send your feedback, comments, requests for technical support:

                                              By email: support[at]peekage[dot]com.