In these Terms of Service, the terms “you”, “your”, “User” refer to the person or other entity accessing, using or attempting to use age verification service; the terms “we”, “us”, “our” and “Company” refer to ShopperAgeCheck.
age verification service may only be used by persons 18 years of age or older. If you are under 18 years of age, then you may not use age verification service.
You may submit the Information to us to perform the Service for the Merchant only in compliance with this Agreement and only if you have the power and capacity to form a contract with ShopperAgeCheck and you are not barred from doing so under any applicable constitutions, laws, ordinances, principles of common law, codes, regulations, statutes or treaties and all applicable orders, rulings, instructions, requirements, directives or requests of any courts, regulators or other governmental authorities (“Law”).
By agreeing to this Agreement, you are representing to us that you are over 18. You may not access the Service if you are under 18 years of age.
It is a condition of this Agreement and your use of age verification service that any personal information you have submitted to the Merchant or to us is correct, current, complete and in a usable form as required by us.
YOU CERTIFY, UNDER PENALTY OF LAW, THAT THE PERSONAL INFORMATION YOU SUBMIT WHILE USING AGE VERIFICATION SERVICE, INCLUDING BUT NOT LIMITED TO YOUR NAME, DATE OF BIRTH, PHOTOGRAPHIC IDENTIFICATION, AND OTHER PERSONAL DOCUMENTATION, IS TRUE AND CORRECT. YOU UNDERSTAND THAT KNOWINGLY PROVIDING, PRODUCING, TRANSFERRING OR USING A MEANS OF IDENTIFICATION OF ANOTHER PERSON, OR OTHER FALSE IDENTIFYING INFORMATION MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES UNDER APPLICABLE LAW.
ShopperAgeCheck, its affiliates and/or their respective licensors own all right, title and interest in and to age verification service, including, without limitation, all intellectual and proprietary rights appurtenant thereto. Nothing in this Agreement shall be construed to restrict, transfer, convey, encumber, alter, impair or otherwise adversely affect ShopperAgeCheck’s, its affiliates’ and/or their respective licensors’ ownership or proprietary rights therein or any other of ShopperAgeCheck’s, its affiliates’ and/or their licensors’ information, processes, methodologies, products, goods, services, or materials, tangible or intangible, in any form and in any medium. Ownership of the software, the system, the trademarks and all other related intellectual property is protected by the law of intellectual property and international treaties. Except as expressly stated herein, no other rights are granted to you by implication, estoppel, or otherwise, under any patent, copyright, trade secret, trademark, or other intellectual property right. You may not reverse engineer, decompile, disassemble or otherwise attempt to derive the source code, or use any part of the software for any use other than that for which it was supplied by us, unless specifically authorized by ShopperAgeCheck. You may not modify, adapt, alter, translate, or create derivative works from the software.
“Intellectual Property Rights” means all copyrights fixed in any medium now known or hereafter discovered, including copyrights in computer programs, pictorial works, audiovisual works, literary works, musical works, sound recordings, motion pictures and the like; patents, trademarks, trade names, trade secrets, design rights, design models, database rights and topography rights, all rights to bring an action for passing off, rights of privacy or publicity, and any other similar form of intellectual rights in intangible property or proprietary rights, statutory or otherwise, whether registered or not, and whether applied for or not, all rights to apply for protection in respect of any of the above rights and all other forms of protection of a similar nature or that relate to intangible property, ideas or expression, as they may exist anywhere in the world.
EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT OR OTHERWISE, WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING DAMAGES FOR LOSS OF GOODWILL, LOSS OF PROFITS, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, EVEN IF SUCH PARTY WILL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH LOSS. IN NO EVENT WILL EITHER PARTY’S AGGREGATE LIABILITY TO THE OTHER PARTY UNDER THIS AGREEMENT EXCEED $1,000.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ShopperAgeCheck EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO AGE VERIFICATION SERVICE AND USER’S ACCESS THERETO. USER WAIVES ANY AND ALL WARRANTIES THAT MAY BE IMPLIED BY LAW, INCLUDING, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR ANY WARRANTY ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. NO WARRANTY IS MADE REGARDING THE RESULTS OF OUR SERVICES, OR THAT THE USE OF THOSE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS IN OUR SERVICES WILL BE CORRECTED, OR THAT OUR SERVICES' FUNCTIONALITY WILL MEET ANY REQUIREMENTS. USER IS RESPONSIBLE FOR AND MUST PROVIDE ALL HARDWARE, SOFTWARE, SERVICES AND OTHER COMPONENTS NECESSARY TO ACCESS OUR SERVICES. WE MAKE NO REPRESENTATIONS, WARRANTIES, OR ASSURANCES THAT USER'S HARDWARE, SOFTWARE AND OTHER SERVICES AND SYSTEMS WILL BE COMPATIBLE WITH AGE VERIFICATION SERVICE. WE WILL HAVE NO RESPONSIBILITY FOR ANY HARM TO USER'S COMPUTER SYSTEM, LOSS OR CORRUPTION OF DATA, OR OTHER HARM THAT RESULTS FROM USER'S ACCESS TO OUR SERVICES PLATFORM. Some jurisdictions do not allow the types of disclaimers in this paragraph, so they may not apply to you.
You agree to indemnify, defend, and hold ShopperAgeCheck, its affiliates and their respective successors and assigns, officers, directors, employees, agents, licensors, representatives, advertisers, service providers, and suppliers harmless against any and all claims, demands, actions, losses, damages, costs and expenses (including reasonable attorneys' fees), arising out of or relating to your (a) breach or violation of this Agreement, (b) infringement, misappropriation or any violation of the rights of any other party, (c) violation or non-compliance with any applicable law, rule or regulation, and (d) use or alteration of age verification service (or any component thereof) in violation of this Agreement.
We reserve the right to terminate this Agreement in our discretion at any time for any reason or no reason and to suspend or terminate your access, all without notice to you. The provisions of this Agreement will survive and continue in full force and effect after any termination or expiration of this Agreement.
To the extent not prohibited by law, you agree (a) that this Agreement and all disputes, claims, actions, suits or other proceedings arising hereunder shall be governed by, and construed in accordance with, the substantive law of the province of Ontario, Canada including the laws of Canada applicable therein (b) to irrevocably submit to the sole and exclusive jurisdiction of the federal and provincial courts in the City of Toronto, in the Province of Ontario, and (c) to irrevocably consent to the exercise of personal jurisdiction by such courts and waive any right to plead, claim or allege that those courts are an inconvenient forum. Notwithstanding the above, both parties may, by agreement, submit any particular dispute to arbitration at any time. No failure or delay by us or the Merchant or our respective affiliates, associates or agents to exercise any right or enforce any obligation shall impair or be construed as a waiver or ongoing waiver of that or any or other right or power. If any provision of this Agreement is held to be illegal, invalid or unenforceable, the remaining provisions of this Agreement shall be unimpaired and remain in full force and effect. You may not assign your rights under this Agreement without our prior written permission and any attempt by you to do so shall be void. Any provision of this Agreement which by its nature must survive the termination of this Agreement in order to give effect to its meaning shall survive such termination. You agree that the Merchant is an intended third party beneficiary of this Agreement and will have the right to enforce this Agreement as a third party beneficiary. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. Your use of age verification service may also be subject to other local, state, provincial, national or international laws and use of age verification service may be prohibited by law in some jurisdictions. By using age verification service you certify that the laws of the jurisdiction in which you are using age verification service permit the use of it.
Statement, that you understand it, that you agree to be bound by its terms, and that the foregoing and the
upon or understood in connection with the subject matter of this transaction and supersedes all prior or
contemporaneous agreements or understandings, whether oral or written. There are no oral promises, conditions,
representations, understandings, interpretations, or terms of any nature or kind, statutory or otherwise, as
conditions or inducements to enter into this Agreement or in effect between ShopperAgeCheck and you upon which
you are relying relating to this Agreement or otherwise.
DataDivers Inc. d.b.a. ShopperAgeCheck
502-300 Lisgar Street, Ottawa, Canada K2P 0E2