Terms of Use

LAST UPDATED ON NOVEMBER 1, 2021

This is a LEGALLY BINDING Agreement between you (the “User”) and Nylut Directory Services Inc. (“Nylut”) stating the terms that govern your use of the Nylut Online Directory Services. NYLUT is a business corporation registered in the province of Saskatchewan, Canada.

directory services are offered by NYLUT through its website, mobile applications or electronic communications (the “Service”). The service is provided by NYLUT to you subject to the terms and conditions set forth in these Terms and Conditions OF SERVICE (the “TERMS”) and the Privacy Policy, together with all updates, additional terms, rules and policies referred to in tHis Agreement (collectively, the “Agreement”).

BY ACCESSING OR USING THE SERVICE, YOU ARE agreeING that you have read, understood, and accepted this Agreement, including the Terms, the privacy policy and all other agreements incorporated by reference in any of the foregoing. If you do not agree to these terms OR ARE UNWILLING TO BE BOUND BY THEM, do not ACCESS OR use the Service.

You must accept and abide by these terms as presented to you. Changes, additions or deletions are not acceptable and Nylut may refuse access to the Service for non-compliance with any part of this Agreement.

DEFINITIONS and General

Definitions

“Account” means any account created by a User in order to access or use the Site and Service.

“Content” means any information, text, code, data, links, photographs, graphics, images, audio, video, and all other materials that you can use to view, access, or interact with through the Service. References to “Your Content” means any content or information a User submits, transmits, or posts to, through or in connection with the Service including, but not limited to, ratings, reviews, photographs, videos, messages, and votes. “Nylut Content” means any Content created by Nylut and made available in connection with the Service. “Third Party Content” means Content that originates from parties other than Nylut or its Users which is made available in connection with the Service.

“Parties” means both the User and Nylut. References to “we”, “us”, and “our” refer to Nylut.

“Person” means and includes an individual, corporation, partnership, firm, joint venture, syndicate, association, sole proprietorship, unincorporated organization, society trust, governmental authority, a natural person in his or her capacity as executor, trustee, administrator or legal representative, and any other form of entity or organization;

“Service” means directory services offered by Nylut through its website, mobile applications, or any electronic means including, but not limited to, email, text, or phone.

“Site” means Nylut’s consumer website which is currently located at www.nylut.com, related domains and mobile applications.

“User” means a Person who accesses or uses the Service and/or contributes Content. The references to “you” or “your” refer to a User of the Service.

“Vendor” means any person or User who creates an Account for the purposes of providing services or selling products to members of the public or other Users.

Privacy Policy

Except as otherwise expressly provided for in this Agreement, the Service is subject to the Nylut Privacy Policy, which is expressly made a part of this Agreement. If you have not already read the Nylut Privacy Policy, you should do so now.

Changes to the Agreement

Nylut may revise the Agreement, including these Terms, at any time in the future. You understand and agree that your continued access or use of the Service after any such changes will constitute your acceptance of the updated Agreement. You should visit this page periodically to review the most version of this Agreement because it is binding on you. We will notify Users of material changes to these Terms by placing a notice on our website. We will indicate at the top of this document the date that such changes were last made, and any revisions will take effect upon posting.

User Content

Nylut cannot control all of the information provided by Users which may be made available through the Site or the Service. While Users of this Site are bound by these Terms not to submit false material, Nylut cannot be held responsible for any violation of these Terms by Users or for the reliance by Users upon false or misleading material submitted by other Users. Caution must be exercised at all times by all Users when using the Site and the Service. You agree that you are using the Site and all material posted on the Site at your own risk.

User Content does not necessarily reflect the opinion of Nylut. You understand that by using the Service, you may encounter content that may be deemed offensive, indecent, objectionable, inaccurate, or incomplete. Notwithstanding this, you agree to use the Service at your sole risk and Nylut shall have no liability to you for such content.

System Requirements

Use of the Service requires compatible hardware, internet access and certain software which may require updates or upgrades from time to time. All fees and costs related to such hardware, internet access and software, including all updates and upgrades, shall be your sole financial responsibility. Because use of the Service involves hardware, software and Internet access, your ability to use the Service may be affected by the performance of these factors. High speed internet access is strongly recommended. You acknowledge and agree that such hardware compatibility requirements, which may be changed from time to time, are solely your responsibility.

Use of the service

Purpose of Service

The Service is provided solely to:

(a) Connect Users, particularly Black people, Indigenous people and people of colour, to a directory of businesses who offer a number of services and to assist Users by gathering information and reviews for such businesses and services based on the experiences of other Users; and
(b) Assist businesses in engaging with Users and potential customers, by way of free and/or paid-for services offered by or through Nylut.

Accounts

In order to use some of the features that are offered through the Service, you must create an Account. When setting up an Account, you will need to provide a password, username or other information such as your name, email address and your business profile if you are a Vendor. You agree and represent that all the information provided by you is accurate and up-to-date. Should your information change, you must update it in your Account. You are solely responsible for keeping your Account information confidential. You may not transfer, sell, assign or sublicense your Account information including your user profile to any third party without our prior written approval. You are solely responsible for all your individual usage or activity on the Site including, but not limited to, use of the Site by any person who uses your Account, with or without authorization. You agree to notify us immediately of any unauthorized use or any other breach of security on your Account. We will not be liable for losses incurred as a result of an unauthorized use of a password or account. Personal information submitted through the Site is governed according to the our Privacy Policy.

User Provided Content

The Site includes interactive areas and services in which you or other Users create, post, or store Content. You are solely responsible for your use of such interactive areas and services, and use them at your own risk. Nylut does not guarantee any confidentiality with respect to Your Content and Nylut reserves the right to remove, vet or edit User Content for any reason or no reason, at its sole discretion.

By providing Your Content to or through the Service, you grant Nylut a non-exclusive, royalty-free, perpetual, transferable, assignable, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display Your Content throughout the world, in any media, for any purpose now known or hereafter devised.

Service Availability and Storage of Content

Nylut may, from time to time, decide to modify, update, suspend or discontinue certain features of the Service and may do so without notice or liability. You understand and agree that Nylut has no obligation to maintain or store Your Content or any information you provide, except as required by applicable law.

Communications from Nylut, Other Users, and Third Parties

By accessing or using the Service, you consent to receive communications from other Users and Nylut through the Service, or through any other means including, but not limited to, emails, text messages, push notifications, and phone calls. You may opt-out or modify your preferences by following the instructions in such communications.

Through your use of the Service, you may encounter links to third party sites and applications or be able to interact with third party sites and applications. Nylut does not control or endorse any third party content and is not responsible for the contents, privacy or other practices of third party websites. Please be aware that third party sites and applications may charge their own fees or may publicly display certain shared content. Nylut makes no representation or warranties of any kind regarding Third Party Content including, without limitation, regarding its accuracy and completeness. You agree that any interaction with third party sites or applications is at your own risk and you expressly acknowledge and agree that Nylut is in no way responsible or liable for any Third Party Content.

Advertising

Some Content you see or may access on the Site or through the Service may be used for commercial purposes. You understand and agree that Nylut may place advertising or promotions on the Service alongside, near, or otherwise in close proximity to Your Content, as well as the Content of others. You are not entitled to any compensation for such advertisements.

Termination and Enforcement of Terms

You may terminate this Agreement at any time by closing your Account and discontinuing any access or use of the Service. You may request the removal of Your Content from the Site or Service at any time, and Nylut will take reasonable steps to promptly remove such Content, provided, however, that Nylut can remove any such Content only from its Site and cannot remove Content from email archives, wiki history pages and similar community forums where you may post content, or others’ computers.

Nylut may terminate this Agreement with you at any time, without advance notice, where it believes in good faith that you have breached this Agreement or otherwise believes that termination is reasonably necessary to safeguard the rights of Nylut and/or other Users of the Service.

Nylut is not obligated to enforce the Terms on your behalf against another User. Though Users are encouraged to inform Nylut if you believe another User has violated the Terms, Nylut reserves the right to investigate complaints and take appropriate action at our sole discretion.

Subcontractors

Nylut may enter into written subcontracts with Parties with whom it will have a direct relationship, and will supervise any subcontractors to ensure services being provided are in accordance with Nylut’s Terms and all policies.

You agree that no joint venture, partnership, employment or agency relationship exists between you and Nylut as a result of this Agreement or your use of the Service.

REPRESENTATIONS AND WARRANTIES

The User represents and warrants that:

You have read and understood our Agreement, including these Terms and the Privacy Policy.
By posting Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content. This means that you can only submit Content that you yourself create, that is in the public domain or that you have been expressly granted rights to.
All information supplied by you via the Service is true, accurate, current and complete. You assume all risks associated with Your Content, including the reliance by any Person on its quality, accuracy, or reliability, and any risks associated with personal information you disclose.
You are 13 years of age or older. If you are under 18 years of age (or the age of legal majority where you reside), you may only access or use the Service under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
You possess the legal authority to enter into this Agreement and to use the Service, including our Site, in accordance with all terms and conditions herein.
You will not, and will not assist, encourage or enable others, to use the Service to post, upload, transmit, distribute, store, create or otherwise publish or do any of the following:

(a)Content that violates our Terms;
(b)Content that is unlawful, libelous, defamatory, obscene, fake, lewd, harassing, suggestive, discriminatory, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
(c)Compensate someone or be compensated to post, refrain from posting, remove a review or trade reviews with other Users;
(d)Violate Nylut’s or any third party’s rights including Content that may infringe any copyright, trademark, patent, trade secret, trade name, or any other intellectual or proprietary right;
(e)Solicit personal information from minors, or submit or transmit pornography;
(f)Sell, licence, modify, reproduce, adapt, appropriate, distribute, transmit, publish, broadcast, display, create derivative works or adaptations of, trade, or in any way exploit any Content of the Service (other than Your Content), except as expressly authorized by Nylut;
(g)Content that impersonates any Person or otherwise misrepresents your affiliation with a Person;
(h)Use the Site in any manner that promotes and/or enables illegal or unlawful activities;
Use the Site or Services other than for its intended purpose, or in any manner not expressly permitted in these Terms;
Record, process, or mine information about Users;
(k)Attempt to gain unauthorized access to the Service, Accounts, computer systems or networks connected to the Service through hacking, password or data mining, robots, or any other means;
Use the Service or Content to transmit any computer viruses, worms, defects, Trojan horses, malicious code, spyware, malware or other items of a destructive or harmful nature; or
(m)Use any device, software, or routine that interferes with the proper working of the Service, or otherwise attempt to interfere with the proper working of the Service.

Such unauthorized use is a material breach of these Terms for which you may be held liable, and may also violate applicable laws including, without limitation, copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes.

ARBITRATION, DISPUTE RESOLUTION AND GOVERNING LAW

Arbitration and Disputes

Except for excluded claims, any claim, cause of action, request for relief or dispute that may arise between you and Nylut must be resolved by arbitration on an individual basis in accordance with the laws and rules then in effect. You agree that you may only bring or participate in a claim against Nylut in your respective individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.

If any provision of the Terms is found to be unenforceable or invalid by an arbitrator or a court of competent jurisdiction, only that provision shall be modified or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect.

Governing Law

The Terms shall be governed and construed in accordance with the laws of the Province of Saskatchewan and the federal laws of Canada, as applicable, and the Parties agree to attorn to the exclusive jurisdiction of the Courts of such province.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Nylut, its independent contractors, service providers and consultants, directors, officers, employees, agents, and representatives from and against any judgments, executions, suits, dues, accounts, bonds, covenants, contracts, claims, demands, proceedings, deficiencies, actions, causes of action, damages, losses, penalties, costs, liabilities, fines, interest and expenses (including, without limitation, legal fees on a solicitor and own client basis) arising directly or indirectly, at law or in equity, of every kind and nature, suspected or unsuspected, disclosed or undisclosed, arising out of or relating to:

(a)Your access to or use of the Service, including Your Content;
(b)Your breach of this Agreement or the documents referenced herein including breach of your representations and warranties provided under these Terms;
(c)Any products or services purchased or obtained by you in connection with the Service;
(d)Any issues relating to the quality of services or products delivered by a Vendor or associated fees and charges;
(e)The violation by you, or any third party using your Account, of any law or the rights of a third party.

DISCLAIMER OF WARRANTIES

THE Service and Content are made available to you on an “as is” and “with all faults” basis with no warranties of any kind, either express or implied, and with the express understanding that Nylut may not monitor, control or vet user content or third party content. NYLUT DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITE AND THE SERVICES. NYLUT DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVERS OR ANY DATA SENT FROM NYLUT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Your use of the Service as at your own discretion and risk.

LIMITATION OF LIABILITy

Please read this section carefully since it limits the liability of Nylut to you for issues that may arise in connection with your use of the Services. If you do not understand the terms in this section or elsewhere in this Agreement, please consult a lawyer for clarification before accessing or using the Service.

By accessing or using the Service, you represent that you have read, understood and agree to these Terms, including this section. You are giving up substantial legal rights by agreeing to these terms.

The information, software, products and services published on or otherwise provided via the Service may include inaccuracies or errors. Nylut does not guarantee the accuracy of, and disclaims all liability for ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM NYLUT, OR THAT RESULT FROM MISTAKES, OMISSIONS, errors, INTERRUPTIONS, DELETIONS, DEFECTS, inaccuracies, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO NYLUT’S RECORDS, PROGRAMS OR SERVICE. Nylut expressly reserves the right to correct any errors on the Service.

Any third party suppliers found on or through the Service are independent contractors and not agents or employees of Nylut. Nylut is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom.

You use the Service at your own risk and in no event shall Nylut or their Directors, Officers, AGENTS and/or employees be liable for any direct, indirect, Special, punitive, incidental, EXEMPLARY or consequential losses or damages or any OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, loss of income, loss of profits, loss of goodwill, OR loss of data, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE SITE. nylut’s liability will be limited to the fullest extent permitted by applicable law.

CONTACT

For more information or questions regarding the Service or Terms, please contact

Nylut Directory Services

4269 Preston Crescent

Regina, SK S4X 0C9

Email: [email protected]