Welcome to The Nod! These Terms and Conditions (“Terms”) govern your access to and use of our website (“Service”). By accessing, downloading, or using our website, you confirm your acceptance of these Terms. If you do not agree to any part of these Terms, please do not use our Service.
Our Terms were last updated on 23rd December 2024.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
- “Application” means the software program provided by the Company downloaded by You on any electronic device, named The Nod.
- “Application Store” means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
- “Affiliate” means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- “Account” means a unique account created for you to access our Service or parts of our Service.
- “Company” (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to THE NOD.
- “Country” refers to Canada.
- “Content” refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by you, regardless of the form of that content.
- “Device” means any device that can access the Service such as a computer, a cell phone or a digital tablet.
- “Feedback” means feedback, innovations or suggestions sent by you regarding the attributes, performance or features of our Service.
- “Service” refers to the Website.
- “Terms and Conditions” (also referred as “Terms“) mean these Terms and Conditions that form the entire agreement between you and the Company regarding the use of the Service.
- “Third-party Social Media Service” means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
- “Website” refers to The Nod, accessible from www.thenodhq.com
- “You” means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
These are the Terms governing the use of this Service and the agreement that operates between you and the Company. These Terms set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms, which apply to all visitors, users, and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms. If you disagree with any part of these Terms then you may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes our policies and procedures on the collection, use and disclosure of your personal information when you use the Application or the Website and tells you about your privacy rights and how the law protects you. Please read Our Privacy Policy which can be accessed via www.thenodhq.com/thenodapp/privacy-policy.
User Accounts
When you create an account with Us, You must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on Our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with Our Service or a Third-Party Social Media Service.
You agree not to disclose your password to any third party. 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, or a name that is otherwise offensive, vulgar or obscene.
Consequences for Violations or Fraudulent Behaviour:
In the event of multiple account violations, fraudulent behaviour, or any activity that violates these Terms, we reserve the right to take corrective actions, including but not limited to:
- Immediate termination or suspension of your account
- Legal action to recover any damages or losses incurred
- Reporting the activity to appropriate authorities if required by law.
We may also prevent the creation of new accounts by users who have violated these Terms, including blocking access to certain features or services.
Cookie Usage
Our website uses cookies and similar technologies to enhance your browsing experience and provide personalized content. Cookies are small text files stored on your device that help us understand your preferences, improve website functionality, and analyze usage patterns. By using our Service, you consent to the use of cookies in accordance with our Privacy Policy. You can manage or disable cookies through your browser settings; however, some features of the website may not function properly if cookies are disabled.
Giving Back Requirement
By using The Nod App, you agree to give back at least one product to the community for every new product you add. The item must be in usable condition and provided within four working days. Failure to comply may result in restrictions on adding new products or account suspension. Exceptions may be granted at The Nod App’s discretion. Continued use of the App confirms acceptance of this policy.
PERSONAL DATA
Your Right to INPUT PERSONAL DATA
Our Service allows you to input your data . You are responsible for the data that you input to the Service, including its legality, reliability, and appropriateness. Data we collect includes Name, email, phone, address, user id, and other user generated contents like community, products and payment information.
By imputing your data to the Service, You grant us the right and license to use such data on and through the Service. You retain any and all of your rights to any data you submit, input or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your data available to other affiliate companies in line with this Service, who may also use Your Content subject to these Terms.
We will deal with your Personal Data in compliance with the applicable Data Protection regulations which is further explained in our Privacy Policy. Please note this applies only to THE NOD, not to other companies or organisations’ websites to which we link. THE NOD is not responsible for the content, or the privacy practices employed by other sites.
You represent and warrant that: (i) the data is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the usage of your data on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
Content/Data Backups
Although regular backups of Content/data are performed, the Company does not guarantee there will be no loss or corruption of data.
Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.
The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But you acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.
You agree to maintain a complete and accurate copy of any Content/Data in a location independent of the Service.
Prohibited Activities
You agree not to engage in any of the following prohibited activities:
- Accessing or using the Service for any purpose other than those explicitly authorized by these Terms.
- Uploading or distributing any harmful, unlawful, or obscene content.
- Engaging in any data scraping, harvesting, or other unauthorized collection of data.
- Attempting to interfere with or compromise the integrity or security of the Service.
Intellectual Property
The Service and its original content (excluding information/data provided by you or other users), features and functionality are and will remain the exclusive property of the Company.
The Service is protected by copyright, trademark, and other laws of the country.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
You may not create derivative works based on any of the Company’s intellectual property unless explicitly authorized by the Company. Any use of The Company’s intellectual property, including for the creation of derivative works, requires prior written permission from the Company.
Indemnification
You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, agents, and representatives from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:
- Your use or misuse of our website or services;
- Your violation of these Terms;
- Your violation of any applicable law or the rights of a third party; or
- Any content or data you submit to our website.
This indemnification obligation will survive the termination of these Terms and your use of the Service.
Children’s Privacy
Our website and services are not directed to individuals under the age of 13, and we do not knowingly collect personal information from children. If we become aware that a child under 13 has provided us with personal information, we will take steps to delete such information promptly. If you are a parent or guardian and believe your child has provided us with personal information, please contact us at info@thenodhq.com.
Force Majeure
The Company shall not be held liable for any failure or delay in the performance of its obligations under these Terms due to events beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, government actions, strikes, labor disputes, war, terrorism, or interruptions in utilities or transportation. In such cases, our obligations under these Terms shall be suspended for the duration of the event causing the delay or failure.
Your Feedback to Us
You assign all rights, title and interest in any Feedback you provide the Company. If for any reason such assignment is ineffective, you agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.These links are provided solely for your convenience, and the inclusion of any link does not imply endorsement by the Company of the content, goods, or services available on or through such third-party websites or services.
The Company does not guarantee, approve, or make any representations regarding the availability, accuracy, or reliability of third-party content, nor does it monitor or assume responsibility for the privacy practices, terms and conditions, or actions of such third parties.
You acknowledge and agree that your access to and use of third-party websites, content, goods, or services are entirely at your own risk. The Company expressly disclaims any liability for any direct, indirect, incidental, consequential, or other damages arising from or related to:
- Your interactions with third-party websites, goods, or services.
- Any loss or damage resulting from reliance on information, content, goods, or services provided by such third parties.
We strongly recommend that you carefully review the terms and conditions, privacy policies, and any other relevant policies of third-party websites or services before engaging with them or providing personal or financial information.
By using our Service, you acknowledge that the Company bears no responsibility for the actions or omissions of third parties and that any disputes, claims, or issues arising from your interaction with such third-party websites or services are solely between you and the relevant third party.
Termination
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
Upon termination, your right to use the Service will cease immediately. If you wish to terminate Your Account, You may simply discontinue using the Service by disabling your account.
Limitation of Liability
Notwithstanding any damages that you might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the services rendered to you by the company via the APP.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever. This includes but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to:
- The use of or inability to use the Service,
- Third-party software and/or third-party hardware used with the Service,
- Any other matter related to the provision of these Terms.
Even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose, the Company and its suppliers shall not be liable for any such damages.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to you “AS IS” and “AS AVAILABLE” without any guarantees. This means that the Company does not offer any warranties or promises about the Service, including but not limited to:
- The Service meeting your specific needs or delivering the results you expect.
- The Service being compatible with other software, apps, or systems you use.
- The Service running smoothly without interruptions or errors.
- The Service being free from bugs or defects, or that any issues will be fixed.
For example, if the app experiences downtime or has a bug that prevents certain features from working, the Company is not responsible for fixing those issues immediately.
Additionally, the Company does not guarantee that:
- The Service will always be available or work without issues.
- The information, content, or materials provided through the Service are accurate, reliable, or up-to-date.
- The Service is free from harmful components like viruses or malware.
In short, while the Company works to provide a reliable Service, it cannot promise perfection or error-free operation.
Governing Law
These Terms are governed by and interpreted in accordance with the laws of Canada, including the Personal Information Protection and Electronic Documents Act (PIPEDA) and any applicable provincial laws. If any provisions of these Terms is found to be inconsistent with applicable laws or regulations, that provision shall be modified or replaced to comply with the overriding law or regulation, without affecting the validity or enforceability of the remaining provisions.
Disputes Resolution
In the event of any dispute arising out of or in connection with the Service, the parties agree to first attempt resolution through informal negotiations. If such efforts do not resolve the dispute, the matter shall be submitted to binding arbitration in accordance with the rules of the ADR Institute of Alberta (ADRIA). The arbitration shall take place in Edmonton, Alberta, and the decision of the arbitrator(s) shall be final and binding on the parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Specific Provisions
User Responsibilities
- Users of The Nod Inc. must adhere to all applicable laws and regulations, including those governing child protection. All users are responsible for their actions on the platform and must not engage in any activities that exploit, harm, or otherwise endanger minors.
Prohibited Activities
- Users are strictly prohibited from:
- Sharing child sexual abuse material (CSAM) or any form of exploitation.
- Engaging in grooming or predatory behavior towards minors.
- Collecting or attempting to collect personal information from minors without appropriate parental consent.
- Posting or sharing content that could harm the safety or well-being of minors.
User Age Restrictions
- Users under the age of 13 are not allowed to create accounts unless they have obtained verifiable parental consent. In the event of discovering an underage user without consent, their account will be immediately suspended.
Changes to These Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days’ notice in writing prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use Our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
- By visiting this page on our website: www.thenodhq.com/contact-us
- By sending us an email: info@thenodhq.com
