GENERAL TERMS AND CONDITIONS FOR USING THE SERVICES AVAILABLE THROUGH THE WEB APP MY NEXT WEEK, AVAILABLE ON THE APPLE APP STORE AND GOOGLE PLAY
Last Updated on December 18th, 2016
1. ACCEPTANCE OF THE TERMS
Thank you for using My Next Week. These General Terms of Service (the “Terms”) are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the My Next Week Web Application, available through the iOS App Store and Google Play (the "Web App" or “My Next Week”), including but not limited to delivery of information via the Web App.
Please read these Terms carefully.
By accessing or using the Web App, you are agreeing to these Terms and concluding a legally binding contract with My Next App, a company incorporated and existing under the laws of Canada ("My Next App"). Do not access or use the Web App if you are unwilling or unable to be bound by the Terms.
You can accept the Terms by:
· Clicking to accept or agree to the Terms, where it is made available to you in the user interface of the Web App; or
· Actually using the Services. In this case, you understand and agree that My Next App will treat your use of the Services as an acceptance of the Terms.
My Next App Inc. is a commercial company, providing the Services offered through a Web App and Mobile App.
"We", "us" or "My Next App" refers to My Next App Inc.
My Next Week is a web based Internet platform, owned by My Next App Inc., a company incorporated and existing under the laws of the Province of Alberta, Canada, registered under My Next App Inc., having its seat and registered office at 17 Hickory Trail, Spruce Grove, AB, Canada, which enables users to use the Services of the Web App, which are the subject of these Terms of Service.
"User" or "you" or "your" refers to you, as a user of the Services. A user is someone who accesses or uses the Services for the purpose of using the employee scheduling, time attendance and team communication features and includes other persons jointly participating in using the Services.
"Services" include any and all services, which My Next App Inc. may offer to the User, through the Web App.
"User Account" is a separate part of the Web App, containing User information required by My Next Week during registration. The User Account is accessed by the User through entering an email or a phone number and a password.
"Content" will include (but is not limited to) images, photos, audio, video, location data, 'nearby places', and all other forms of information or data.
"Your Content" or "User Content" is the content, submitted by you, as a User of the Web App. It includes, but is not limited to what you upload, share or transmit to, through or in connection with the Services, such as likes, ratings, reviews, images, photos, messages, User Account information, and any other materials that you publicly display or are displayed in your User Account profile.
My Next Week Content
"My Next Week Content" means content that My Next Week creates and makes available in connection with the Services, including, but not limited to: visual interfaces, interactive features, graphics, design, computer code, products, software, aggregate ratings, reports and other usage-related data in connection with the activities associated with your User Account and all other elements and components of the Services excluding Your Content and third party content. "Third Party Content" means content that comes from parties other than My Next Week or its Users and is available in or through the Services.
3. USING THE SERVICES
You hereby represent and warrant that you are at least thirteen (13) years of age or above and are fully able and competent to understand and agree with the terms and conditions, obligations, affirmations, representations, and warranties set forth in those Terms.
Compliance with the laws
You are responsible for complying with all laws and regulations in the country in which you live when you access and use the Services. You agree to use the Services only in compliance with these Terms and the applicable law and in a manner that does not violate our legal rights or those of any third parties.
Web App Availability
The Web App may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
You must create a User Account and provide certain information about yourself in order to use (some of) the Services that are offered through Web App. You are responsible for maintaining the confidentiality of your User Account password. You are also responsible for all activities that occur in connection with your User Account. You agree to notify us immediately of any unauthorized use of your User Account. We reserve the right to close your User Account at any time for any or no reason.
Communications from My Next Week
By creating a User Account, you agree to receive certain communications in connection with the Web App
4. CHANGES TO THE TERMS
My Next Week may amend, change or update these Terms of Service, from time to time, entirely at its own discretion. You shall be responsible for checking these Terms, from time to time, and ensuring continued compliance with these Terms. Your use of the Services after any such amendment or change in the Terms shall be deemed as your express acceptance to such amended/changed Terms and an assent to be bound by such changed/amended Terms.
5. TRANSLATION OF THE TERMS
My Next Week may provide a translation of the English version of the Terms into other languages. You understand and agree that any translation of the Terms into other languages is only for your convenience and that the English version shall govern the terms of your relationship with My Next Week. In case there are any inconsistencies between the English version of the Terms and its translated versions, the English version of the Terms shall prevail.
Responsibility for Your Content
You are responsible for the content you publish. You assume all risks associated with the content you publish, including anyone's reliance on its quality, accuracy, or reliability, disclosure or truthfulness of information. You represent that you are competent to publish content. You may not imply that the content published is in any way motivated, sponsored or endorsed by My Next Week.
You may expose yourself to liability if, for example, the content you publish contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including hate speech or pornography; harms minors; or violates or advocates the violation of any law or other legal regulation.
If Your Content is a review, you represent and warrant that you are the sole author of that review; the review reflects an actual experience that you had using the Web App and its Services; you were not paid or otherwise remunerated in connection with your authoring or posting of the review; and you had no financial, competitive, or other personal incentive to post a review that was not a fair expression of your honest opinion.
USER REVIEWS DO NOT REFLECT THE OPINION OF My Next Week.
Right to use Your Content.
By submitting Your Content you hereby irrevocably grant us a perpetual, irrevocable, non-exclusive, royalty-free right to use and perform all or any portion of Your Content in connection with our provision of the Services and our (and our successors') business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels. This includes the right to sub-license and transfer.
By “use” we mean use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works.
You grant us the right to use the name or username that you submit in connection with Your Content. You irrevocably waive, any claims and assertions of moral rights with respect to Your Content brought against us, any third party services and our and their users.
Ownership of Content
As between you and My Next Week, you own Your Content. We own the My Next Week Content, including, among others, visual interfaces, interactive features, graphics, design, compilations, including (but not limited to) our database of user content and other Web App Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Web App, excluding User Content and Third Party Content. We also own the copyrights, trademarks, trade names, and other intellectual and proprietary rights ("IP Rights"), associated with the My Next Week Content and the Web App. This means that you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit the My Next Week Content, in whole or in part, except as expressly authorized by us.
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, 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):
i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
iv. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
v. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
vi. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We reserve the right, at any time and without prior notice, to remove, block, or disable access to any content that we, for any reason or no reason consider to be objectionable, in violation of the Terms or otherwise harmful to the Services or our Users in our sole discretion.
Without limiting the generality of these Terms, in using the Services, you specifically agree not to post or transmit any content (including reviews) or engage in any activity that, in our sole discretion:
i. Violates any third party's rights, including copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
ii. Violates those Terms;
iii. Violates any applicable law;
iv. Threatens, harms, harasses others, or promotes discrimination;
v. Promotes a business or other commercial venture or event, or otherwise uses the Web App for commercial purposes;
vi. Engages in keyword spamming, or otherwise attempts to manipulate the Web App's search results;
vii. Solicits personal information from minors, or submits or transmits pornography.
Apart from that, the User agrees not to:
i. Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works, publicly display, sell, trade, or in any way exploit the Web App or its Content.
ii. Use any robot, spider, site or Web App search/retrieval application in the Web App;
iii. Make attempts to reverse engineer any portion of the Web App;
iv. Remove or modify any IP rights notice that appears on any portion of the Web App or on any materials printed or copied from the Web App;
v. Record, process, or mine information about other Users and clients;
vi. Attempt to gain unauthorized access to the Web App, the User Accounts, computer systems or networks connected to the Web App, through hacking, password mining or any other means;
vii. Use the Web App or any Content to transmit any computer viruses, worms, Trojan horses or other items that could be of a destructive nature (collectively, "Viruses").
When a particular action is not explicitly referred to in this clause, but is an obvious violation of Art. 7, the clause should be interpreted broadly, in favour of My Next App, and this action should be considered as if it was included in this clause.
8. RELATIONSHIP WITH OTHER GUIDELINES AND POLICIES
9. THIRD PARTY WEBSITES AND CONTENT
The Services may contain, or you may be sent through the Web App to, links to other websites (“Third Party Websites”), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other Content or items belonging to or originating from third parties ("Third Party Content"). Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, safety or completeness by My Next App and My Next App is not responsible for any Third Party Websites accessed through Web App or any Third Party Content posted on, available through or installed from the Web App.
You agree that we are not responsible for the availability or Third Party Content of such Third Party Websites. Your use of Third Party Websites is solely at your own risk.
The Services may be supported by advertising revenue and may display advertisements and promotions.
Parts of the Web App may contain such advertising information or promotional material or other material submitted to My Next App by third parties. Responsibility for ensuring that material submitted for inclusion on the Web App complies with the applicable international and national laws is on the party providing the information/material. Your correspondence or business dealings with, as well as the participation in promotions of, advertisers other than My Next App, found on or through the Web App, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely between you and such advertiser. My Next App will not be responsible or liable for any error or omission, inaccuracy in advertising material or any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such other advertisers on the Web App.
11. USER FEEDBACK. SUGGESTIONS AND IMPROVEMENTS
By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual right to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, against My Next Week and its users, any claims and assertions of any moral rights contained in such Feedback.
Some features of the Services may only be accessed and used upon the payment of applicable fees (“Fees”). Fees may vary depending on usage in accordance with our current pricing policy. If you do not initially register for a version of the Service that requires the payment of a fee, you will nonetheless be permitted to use all of the features of the Service for a period of thirty (30) days (“Free Trial Period”). Upon the expiration of the Free Trial Period, you will not be able to publish new shifts unless you subsequently upgrade to a paid version of the Service.
Payment of Fees is done exclusively by credit/debit card and PayPal. We accept Visa, Mastercard, and American Express. All credit/debit cardholders are subject to validation checks and prior authorisation by the card issuer. If you are not using your own credit/debit card to pay for the subscription, you must ask the permission of the credit/debit cardholder before entering the payment details. By clicking "Submit" you are confirming that you have obtained the express prior permission of the credit/debit cardholder. Following clearance, payment will be debited from your account upon receipt of your subscription by My Next App.
If the issuer of your payment card refuses to authorise payment to My Next App, we will not be able to process your subscription request or order and a message will appear informing you that the transaction cannot be processed. My Next App, together with its business partners, takes all reasonable care to ensure that its payment system is secure. All payment card transactions made through the Web App are processed using a secure online payment gateway (Secure Socket Layer (SSL) technology) that encrypts your card details in a secure hosting environment. We do not hold your payment card details on the My Next App server.
Fees are payable in U.S. dollars. You hereby authorize us to charge your credit card for such amounts on a regular monthly or yearly basis beginning at the beginning of your subscription and continuing until such time as your account is terminated. If we are for any reason unable to effect automatic payment via your credit card, we will attempt to notify you via email and your subscription will be disabled until payment is received. Amounts paid for the My Next Week services, including prepayments, are not refundable.
Fees for the My Next Week monthly service
If you opt to sign up for the My Next Week services monthly subscription plan, you will be subject to monthly subscription fees in accordance with the Fee Schedule and related information (the "Fee Schedule"). You will be required to submit payment monthly in advance for access to the My Next Week services. Access to the My Next Week services will be disabled until payment is received. Fees will be billed monthly on an ongoing and recurring basis even if you are not actively using the My Next Week services.
Fees for the My Next Week annual service
If you opt to sign up for the My Next Week services annual subscription plan you will be subject to annual subscription fees in accordance with the Fee Schedule. You will be required to submit payment annually in advance for access to the My Next Week services. Access to the My Next Week services will be disabled until payment is received. Fees will be billed annually on an ongoing and recurring basis even if you are not actively using the My Next Week services.
Your Fee Schedule is located in the Subscriptions tab in the account settings under "Billing Dates". The Fee Schedule displays the estimated next billing date and amount.
You are responsible for reviewing the Fee Schedule from time to time and remaining aware of the fees charged by us and any applicable discounts. The Fee Schedule, including subscriber or any discounts, is subject to change at any time in our sole discretion. We will use good faith efforts to notify you prior to the effectiveness of any significant change to the Fee Schedule.
You are responsible for maintaining the confidentiality of your username, password and your User Account, as well as all activities that occur under your User Account.
You hereby agree to indemnify, defend, and hold us, our licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective directors, owners, employees, agents, representatives and assigns harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions) incurred by the above mentioned in connection with any claim arising out of any breach by you of these Terms or claims arising from your use of the Web App and/or your User Account. You agree to cooperate with us in the defence of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defence and control of any matter otherwise subject to indemnification by you. We will use reasonable efforts to notify you of any such claim, action or proceeding.
14. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES, ACCESSIBLE ON OR THROUGH THE WEB APP ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT, PERMITTED BY THE APPLICABLE LAW, MYORGANICAPSS DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE FACT THAT: (I) THE SERVICES, ACCESSIBLE ON OR THROUGH THE WEB APP MAY BE TRADED OR SUITABLE FOR A SPECIFIC PURPOSE, (II) THE SERVICES, ACCESSIBLE ON OR THROUGH THE WEB APP WILL OPERATE WITHOUT INTERRUPTION AND ERRORS, (III) DEFECTS WILL BE RECTIFIED, (IV) THERE ARE NO BUGS, VIRUSES, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES, FOLLOWING THE ACTIONS OF THIRD PARTIES, (V) THE SECURITY METHODS USED WILL BE SUFFICIENT FOR THE PROTECTION OF THE SERVICES AND THEIR USERS, AND (VI) WITH REGARD TO THE CORRECTNESS, ACCURACY OR RELIABILITY, THERE WILL BE NO LOSS OF DATA, CONTENT OR INFORMATION.
DOWNLOADING OR OTHERWISE OBTAINING MATERIALS THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, MOBILE PHONE, TABLET OR OTHER DEVICE OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY SUCH MATERIAL. MY NEXT APP WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THE MY NEXT WEEK SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. THE COMMUNICATION WITH MY NEXT WEEK, WHETHER WRITTEN OR ORAL, IN CONNECTION TO, TROUGH THE OR AS A RESULT OF USING THE SERVICES SHALL NOT CREATE ANY WARRANTIES NOT EXPRESSLY STATED IN THE TERMS. UNLESS YOU HAVE BEEN EXPRESSLY AUTHORIZED TO DO SO IN WRITING, YOU AGREE THAT WHEN USING THE SERVICES, YOU WILL NOT USE ANY TRADEMARK, TRADE NAME OR LOGO OF ANY COMPANY OR ORGANIZATION IN A WAY THAT IS LIKELY TO CAUSE CONFUSION ABOUT THE OWNER OF SUCH MARKS, NAMES OR LOGOS.
MY NEXT APP MAKES NO PROMISES WITH RESPECT TO ANY THIRD PARTIES, SUCH AS ANY ADVERTISERS OR CONTRIBUTORS THAT CAN BE SEEN ON THE WEB APP OR OTHER USERS OF THE SERVICES. MY NEXT APP IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH OUR SERVICES OR ANY OTHER GOODS OR SERVICES PROMOTED OR FEATURED ON THE WEB APP.
YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE WEB APP IS DONE AT YOUR OWN DISCRETION AND RISK.
MY NEXT APP 'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE WEB APP’S SERVICES IS LIMITED TO USD 239.
MY NEXT APP DISCLAIMS LIABILITY FOR ANY (I) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, (II) LOSS OF PROFITS AND RESULTING DAMAGE, (III) BUSINESS INTERRUPTION, (IV) REPUTATIONAL HARM, OR (V) LOSS OF INFORMATION OR DATA.
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You agree that any and all disputes and claims, arising out of or in connection with these Terms, the Web App and the Services shall be resolved individually, without resort to any form of class action.
Any and all claims, judgments, and awards shall be limited to the greater of: the actual out-of-pocket amount paid by you to My Next App for accessing the Web App and the Services or USD 239, but in no event attorneys' fees; and under no circumstances you will be permitted to obtain awards for, and each User hereby waives all rights to claim punitive, incidental, consequential damages or any other damages other than actual out-of-pocket expenses for using the Services of My Next Week.
This Agreement and all rights and obligations in connection with it are governed by Canadian law. Any disputes between the Parties arising from this Agreement shall be heard and determined by the competent courts of the province of Alberta, Canada.
i. You may terminate the Terms at any time by cancelling your subscription, closing your User Account, discontinuing your use of the Web App or providing My Next Week with a notice of termination.
For terminating your User Account and these terms, we are neither responsible for your failure to properly terminate these Terms, nor for any credit card charges and fees you incur as a result of your failure to properly terminate your subscriptions and this Agreement.
ii. We may close your User Account, suspend your ability to use certain portions of the Web App and/or ban you altogether from using the Services for any or no reason and without notice or liability of any kind. Any such action could prevent you from accessing your User Account, the Web App, Your Content, My Next Week Content and/or any other related information.
iii. In the event of any termination of these Terms, whether by you or us, Sections 2, 6, 7, 9, 12, 13, 14, 15, 16 and 17 will continue in full force and effect, including our right to use Your Content as detailed in the provisions of Section 6.
17. GENERAL TERMS
i. We reserve the right to amend, update, or discontinue the Web App at our sole discretion, at any time, with or without reason, and without notice or liability.
ii. We may provide you with notices, including those regarding changes to the Terms, by email or through the Web App.
iii. Except as otherwise stated in Section 9 above, nothing in those Terms is intended, nor will be deemed, to confer rights or remedies upon any third party.
iv. The Terms contain the entire agreement between you and My Next App regarding the use of My Next Week Web App.
v. If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties' intention or eliminated so that the Terms shall otherwise remain in full force and effect.
vi. The section titles in the Terms are for convenience only and have no legal or contractual effect.
In order to address a question, to resolve a complaint regarding the My Next Week Web App or the My Next App Services, or to receive further information regarding the Services, please contact My Next Week using one of the following methods listed on our Contact Us page.