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MyKru Solutions Ltd.
Terms of Use (Canada)

Effective upon: January 23, 2025
Last updated: January 23, 2025

Introduction

MyKru Solutions Ltd. (“Kru” or “us”, “we, “our”) provides a two-sided marketplace that connects independent contractors (“Contractor Users”) with real property owners and/or tenants (“Property Users”) to allow them to contract with each other for the purposes of the Contractor Users providing property maintenance and related services (“Property Services”) for or on behalf of Property Users. We have implemented these Terms of Use to govern your use of the website https://mykru.ca/ (the “Website”), the property maintenance application “Kru” (the “Application”), and any related software, applications, webpages, and any information and content relating to the foregoing, including without limitation, HTML, software, code, data, text, documents, images, photographs, videos, icons, and designs (collectively, the Content), whether you are a Contractor User or a Property User (collectively, a “User”).

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE WEBSITE, THE APPLICATION OR THE CONTENT, YOU INDICATE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF USE. If you do not agree to these Terms of Use, then you have no right to access or use the Website, the Application or the Content. If these Terms of Use are being entered into by a corporation or other legal entity, you represent that you have the authority to enter into these Terms of Use to bind such entity and its affiliates to these Terms of Use as its authorized representative, in which case the terms “you” or “your” refer to such entity and its affiliates as well as you.

The Website, the Application and the Content are not intended for use by minors (being individuals who are not of legal age in the jurisdiction in which they reside). If you are a minor, you should only use the Website, the Application and the Content with the permission and under the supervision of a parent or guardian

Contractor Users and Property User Roles

Contractor Users provide Property Services under their own name (e.g. individual or business), using their own tools, equipment, materials, and supplies. Contractor Users choose the applicable rates for the Property Services they provide, and which Property Services engagements facilitated through the Website or the Application that they wish to accept or reject. Contractor Users are independent contractors of both Kru and Property Users, and Property Users who hire a Contractor User via the Website or the Application are clients of the Contractor Users, not of Kru. Contractor Users are able to provide their Property Services elsewhere, including through businesses that compete with Kru.

To the extent permitted by applicable law, Contractor Users may be subject to a review process by Kru, in connection with their use of the Website or the Application, at any time, which may include without limitation identity verification and criminal background checks. However, we do not assume any responsibility or liability for such review process, and any reference to a Contractor User being “vetted” (or similar language) indicates only that a Contractor User has provided Kru with certain information such as personal information to complete an account or profile, and does not, nor shall it be deemed to, represent anything else. Without limiting the generality of the foregoing, such a reference is not an endorsement or guarantee by Kru of the Contractor User’s background, licensing, insurance, skills, abilities, competence, qualifications, or suitability 2 NATDOCS\84027120\V-4 for a specific task. Property Users are solely responsible for determining if a Contractor User has the skills and qualifications necessary to perform the specific requested Property Service and confirming that the Contractor User has obtained all required licenses, permits, or registrations, if any, to perform the requested Property Service. Notwithstanding any feature of the Website, the Application or the Content that a Property User may use to expedite Contractor User selection, the Property User is solely responsible for determining the Property Services and selecting or otherwise approving the Contractor User they engage to perform Property Services and should undertake their own research prior to booking any Property Services that the specific Contractor User has the right qualifications.

Users acknowledge that Kru does not perform or employ or otherwise engage any individuals to perform any Property Services and does not supervise, direct, monitor or control the Property Services provided by a Contractor User as facilitated by the Website, the Application or the Content, nor do we have any control over the quality, competence, qualifications, suitability, timing, legality, or other aspect of the Contractor User’s services, or the Contractor User failure to provide Property Services.

Property Services Agreement

The Website, the Application and/or the Content allows Property Users to request, search for, book and (if enabled by Kru) pay for Property Services and for Contractor Users to connect with Property Users for the purposes of providing them Property Services. When coordinating the provision of the Property Services using the Website, the Application or the Content, the Property User must provide the scope, schedule and other details of the requested Property Services , including without limitation any specific concerns, and hazards, obstacles, or impediments that may impact the performance of the requested Property Services.

Once a Contractor User agrees to provide the requested Property Services, the Property User and the Contractor User form a legally binding contract for the requested Property Services, which includes the engagement terms proposed and accepted through the Website or the Application (the “Property Services Agreement”). The parties to the Property Services Agreement each agree to comply with the Property Services Agreement, these Terms of Use, and our applicable privacy policy during the engagement, performance and completion of the Property Services. Kru is not a party to any Property Services Agreement and the formation of a Property Services Agreement will not, under any circumstances, create any responsibility or liability for Kru.

Fees and Payments Terms

YOU ARE RESPONSIBLE FOR PROVIDING VALID CREDIT CARD AND/OR OTHER PAYMENT DETAILS AND FOR THE TIMELY INVOICING AND PAYMENT OF ALL FEES THE YOU HAVE AGREED TO PAY THROUGH THE WEBSITE OR THE APPLICATION (AS APPLICABLE). Please note that the payment information, including name and contact information, that you submit when you register may be used and shared with our payment processing services provider and otherwise used in accordance with our privacy policy or policies.

We may contact you via email regarding your account, for example, in connection with a problem with your credit card or payment account.

Unless we agree or state otherwise in writing, all fees and charges are nonrefundable.

Contractor User Representations

If you are a Contractor User, you represent, warrant, and covenant that you:

  1. operate as a sole proprietor, partnership, limited liability company, limited liability partnership, corporation or other business entity when using the Website, the Application, or the Content;
  2. customarily provide services of the same nature as the Property Services performed for Property Users that are facilitated through the Website, the Application, or the Content, and that you will not provide any Property Services for which you do not have the necessary expertise to competently and safely perform;
  3. have and will maintain, at your own expense, all insurance required to perform the Property Services facilitated through the Website, the Application, or the Content, and any licenses, permits, and/or registrations required by applicable laws that apply to your performance of such Property Services;
  4. will provide any Property Services facilitated through the Website, the Application, or the Content in a timely, high-quality, safe and respectful manner;
  5. are at all times responsible for the acts and omissions of any of your employees used to perform any Property Services facilitated through the Website, the Application, or the Content, and for the payment of any compensation, benefits, and expenses to such persons;
  6. will not subcontract or assign the Property Services facilitated through the Website, the Application, or the Content;
  7. have the unrestricted right to work in the jurisdiction in which you perform the Property Services provided through the Website, the Application, or the Content; and
  8. do not have, or will promptly disclose to Kru in writing, any potentially relevant criminal convictions (other than minor traffic offenses) that arise during your use of the Website, the Application, or the Content.

Privacy Policies

Our privacy policy or policies (which may vary by jurisdiction) are available at https://mykru.ca/privacypolicy. Your access to and/or use of the Website, the Application and the Content is subject to the privacy policy applicable to you in your jurisdiction. You acknowledge that you have read such privacy policy, and you hereby consent to the collection, use, and disclosure of your personal information (which may also be referred to as your “personal data”, or similar, depending on the policy) for the purposes therein identified. You also grant us permission to anonymize or combine your personal information, if any, with that of others in a way that does not identify you or any individual personally for any business reason in our sole discretion, including without limitation to improve the Website, the Application or the Content.

License to Use

Subject to your compliance with these Terms of Use, we grant you a limited non-exclusive, nontransferable, non-assignable and non-sublicensable license to access and use the Website, the Application and Content. This license is granted for the sole purpose of enabling you to use and enjoy the benefit of the Website, the Application and the Content as provided by Kru, in the manner permitted by these Terms of Use.

Kru Service Limitations

In addition to the set-up and operating requirements, there are certain other circumstances that may limit the availability or effectiveness of the Website, the Application or the Content.
  • Service Area - The Website, the Application and the Content are currently configured for use in Canada only, and are not intended for use outside of Canada.
  • Service Interruptions - The Website, the Application and the Content can be interrupted for any reason that disrupts internet access or GPS capabilities, including in the event of:
    • electrical power outages
    • natural disasters
    • electronic interference
    • an outage affecting the data transport service
    • failure of originating or terminating access lines
    • network congestion and/or reduced routing speed of our network or another network (for example, due to spikes in call volume in the wake of local or national disasters), causing failed calls, busy signals or unexpected answering wait times (which may be longer than emergency calls placed via traditional telephone networks)
    • compatibility issues
    • equipment failures relating to your equipment or our equipment, including, hardware or software failures or misconfiguration affecting us, our offices, data centers, and/or any of our service providers

Acknowledgements

YOU AFFIRM THAT YOU HAVE READ THE FOREGOING AND ACKNOWLEDGE THAT:

  1. WE DO NOT AND CANNOT GUARANTEE THAT THE WEBSITE, THE APPLICATION OR THE CONTENT WILL BE CONTINUOUS OR ERROR-FREE. FOR EXAMPLE, THE WEBSITE, THE APPLICATION AND THE CONTENT WILL NOT BE AVAILABLE OUTSIDE OF THE SERVICE AREA OR UNDER CIRCUMSTANCES SET FORTH ABOVE;
  2. IF YOUR MOBILE OR DATA PLAN SERVICES OR ACCESS TO THE INTERNET OR OUR WEBSITE, THE APPLICATION OR THE CONTENT IS/ARE SUSPENDED, CANCELLED OR TERMINATED (E.G., AS A RESULT OF BILLING ISSUES OR OTHER BREACH), YOU MAY NOT BE ABLE TO USE SOME OR ALL OF THE WEBSITE, THE APPLICATION OR THE CONTENT; AND
  3. YOU ARE EXCLUSIVELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE, THE APPLICATION OR THE CONTENT. ABUSE OF THE WEBSITE, THE APPLICATION OR THE CONTENT MAY SUBJECT YOU TO CIVIL AND CRIMINAL FINES AND PENALTIES.

International Users

The Website, the Application and the Content are controlled and operated within Canada and are not intended for use outside of Canada. You are hereby prohibited from accessing or using the Website, the Application or the Content from any territory where the Website, the Application or the Content (or any portion thereof), is illegal. If you choose to access the Website, the Application or the Content from a location outside of Canada, you do so at your own risk and you are solely responsible for compliance with applicable 5 NATDOCS\84027120\V-4 laws, rules and regulations, including export laws and any regulations and local laws regarding online conduct and content.

Information and Profile

If you opt to use the Website, the Application or any of the Content, you agree to provide accurate, current and complete personal information about yourself or others as required, and to promptly correct, update, or complete this personal information as required. You acknowledge and agree that you have obtained or will obtain on a timely basis any and all consents required for us to collect, use and disclose personal information pursuant to our privacy policy or policies noted above. You acknowledge and agree that we will have no liability associated with or arising from your failure to obtain appropriate consents from others for such collection, use or disclosure of their personal information, or the failure to maintain and update personal information, including but not limited to your failure to receive any information with respect to the Website, the Application or any of the Content.

You agree and authorize us to take any necessary steps in order to verify the personal information you provide. If there are reasonable grounds to suspect any or all of the information you provide is inaccurate, not current, or incomplete, we reserve the right to suspend or terminate your current and future access to and use of the Website, the Application and the Content.

You agree that we may rely on the information you provide to send you information and notices regarding the Website, the Application and/or the Content. If you register for any of our mailing lists, you agree that we may email you newsletters and promotional material. You may unsubscribe from the newsletters and other promotional material by following the unsubscribe link contained in such emails.

If you create an account or profile on the Website, the Application or the Content (a “Profile”):

  1. you agree to use your legal name and, as applicable, your legal business name;
  2. if required to upload a photograph of yourself on your Profile, you agree to ensure it is up-to-date and generally reflects how you currently appear;
  3. you are solely responsible for your Profile, including without limitation the confidentiality and security of your Profile and all passwords related to your Profile, and any and all activities that occur under your Profile, including all activities of any persons who gain access to your Profile with or without your permission;
  4. you agree not to share access to your Profile with anyone else;
  5. you agree to immediately notify us of any unauthorized use of your Profile or any other breach of security with respect to your Profile, and you agree to provide assistance to us, as requested, to remedy any breach of security related to your Profile.

Access

Certain areas of the Website, the Application or the Content (including without limitation any areas reserved for those who have created a Profile) may be restricted from access by you at any time, for any reason, without notice to you, in our sole and absolute discretion.

Conduct

You must comply with all applicable laws and regulations, and take all other required and appropriate actions in connection with your use of the Website, the Application and the Content.

You agree not to do any of the following:

  1. use the Website, the Application or the Content for any illegal purpose in violation of any applicable municipal, provincial, territorial, federal or international law;
  2. use the Website, the Application or the Content in a way that could harm, damage, or disrupt the Website, the Application, the Content, our goods/services, or our business;
  3. use the Website, the Application or the Content in a way that would adversely impact use of the Website, the Application or the Content by other Users;
  4. message, submit, upload, request, deliver, provide, or transmit any text, graphics, images, messages, information or other material that:
    • infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of privacy;
    • violates or constitutes any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
    • is unlawful, abusive, tortious, pornographic, libelous, defamatory, obscene, pornographic, hateful, vulgar, offensive or racially or ethnically objectionable;
    • promotes discrimination, exploitation, bigotry, racism, hatred, harassment or harm against any individual or group;
    • is violent, abusive, or threatening, or promotes violence, harassment, or actions that are threatening to any living thing;
    • promotes illegal or harmful activities or substances;
  5. collect, use, disclose, or store personal information about any other individuals without their consent;
  6. upload or otherwise disseminate any computer viruses, malware, or software that may damage the property of another;
  7. reverse engineer, or attempt to reverse engineer or disassemble any Content;
  8. use the Website, the Application or the Content for any purpose for which it is not designed or intended, including without limitation any advertising or marketing purposes (other than claiming a job and providing a cost estimate, as expressly set out in the Website, the Application or the Content) or for the purchase or delivery of alcohol or any other controlled or illegal substances or services;
  9. act as agent for Kru, or bind or make any representations on behalf of Kru (including with respect to any fees or other requirements provided or set by Kru from time to time);
  10. violate the security of the Website, the Application or the Content through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network;
  11. violate any applicable law or regulation or any person’s legal rights;
  12. encourage or enable any other individual or other person to do any of the foregoing.

You are responsible for the content you provide on the Website, the Application or the Content, and you agree to act professionally and responsibly in your interactions with, and fulfill the commitments you make to, other Users of the Website, the Application or the Content.

We reserve the right to delete or remove any content that may breach these Terms of Use, and to remove, suspend, or block any User or Profile that engages in any breach of applicable law or these Terms of Use, or that otherwise does not meet our service requirements.

If you believe that another User has violated these Terms of Use, abused the Website, the Application or the Content, or otherwise acted inappropriately, you may report the User to us at info@mykru.ca. We reserve the right, but assume no obligation, to investigate and take appropriate action in response to such reports. Regardless of our action or inaction, in no event will we be liable for the acts or omissions of any User or any third party.

We reserve the right to investigate and prosecute violations of any and all reports, complaints and claims, or otherwise suspected misconduct or violations of the law to the fullest extent of the law.

Without limiting the foregoing, you acknowledge that we have the right, but not the obligation, at any time and without prior notice, to monitor access to or use of the Website, the Application or the Content, to access, review, preserve and disclose any Content, or to remove or disable access to any Content, if we believe in good faith that it is reasonably necessary: (i) to comply with any law or regulation or satisfy any legal process or governmental request (for example, a subpoena, warrant, order or other requirement of a court, administrative agency or other governmental body); (ii) to respond to claims asserted against us; (iii) to enforce and to ensure a User’s compliance with the Terms of Use, including the investigation of potential violations; (iv) to conduct risk assessments, and prevent, detect and investigate incidents of fraud, security and technical issues; (v) to protect our rights, property or safety, or that of our Users or members of the public; and (vi) for the purpose of operating and improving the Website, the Application and/or the Content (including for customer support purposes).

You agree to cooperate with and assist us or our representative in good faith, in any such investigations, including by providing us with such information as we may reasonably request.

Intellectual Property

The Website, the Application, the Content, and any portion thereof, are protected by copyright, trademark, trade secret and other proprietary and intellectual property rights and laws. Such laws may be violated by unauthorized access and/or use of the Website, the Application or the Content. Users of the Website, the Application or the Content are solely responsible for ensuring that they comply with any applicable intellectual property laws, including without limitation copyright, trademark, and patent laws. We do not grant any license or other authorization to you under or to any of our trademarks or other copyrightable material or other intellectual property, unless we otherwise expressly agree in writing. Except as expressly provided in these Terms of Use, the Website, the Application and the Content may not be copied, reproduced, distributed, posted, downloaded, displayed, presented, transmitted, republished, modified, or otherwise exploited or used in any form or by any means without our prior express written consent.

For information about obtaining consent to use any Content, please contact us at info@mykru.ca.

Your posts and content (including any service requests and photographs) must be your own, or authorized by the third party owner of that content, and must not infringe on or violate any third party’s rights. By sharing information, content, or other subject matter on the Website, the Application or the Content, including without limitation by posting text, images, or videos to the Website, the Application or the Content, you agree that you are the author of that information, content, or other subject matter, or that you have the express right to post it to the Website, the Application and/or the Content (as applicable), and you agree to irrevocably waive and release all moral rights or similar rights that may exist in that information, content, or other subject matter, and you grant us the non-exclusive, worldwide, irrevocable, royalty-free, sub-licensable right to use, host, reproduce, adapt, publish, translate and distribute it in any and all media.

Names, words, logos, designs, graphics, titles, phrases, trademarks and the like displayed on the Website, or the Application or in the Content may constitute our registered or unregistered trademarks, or that of third parties that have granted us a license to use such marks.

For information about obtaining consent to use such trademarks, contact us at info@mykru.ca.

Third Party Content and Services

We are not responsible for and do not endorse, authorize, approve, certify, maintain, or control the content of any third party goods or services that may be referred to in, used by, or linked to, the Website, the Application or the Content. We do not make any representation or warranty of any kind, express or implied, regarding any third party goods or services, including, without limitation: (i) any representation or warranty regarding the legality, use, accuracy, currency, reliability, completeness, efficacy, timeliness, applicability, performance, security, or availability of any information or content on or in such third party goods or services, including Property Services provided by a Contractor User; (ii) any representation, warranty or condition regarding the merchantability and fitness for a particular purpose of any third party goods or services including Property Services provided by a Contractor User; or (iii) any representation or warranty that the operation of such third party goods or services will be uninterrupted or error free, that defects or errors in such third party goods or services will be corrected, or that such third party goods or services will be free from viruses or other harmful components.

We are not responsible or liable for any loss or damage caused as a result of your use of any third party goods or services referred to in, provided through, used by, or linked to, the Website, the Application or the Content including Property Services provided by a Contractor User, nor are we responsible for the privacy practices of such third parties.

Feedback

We may provide you with a mechanism to provide feedback, suggestions and ideas, if you choose, about the Website, the Application and the Content (“Feedback”). You agree that we may, in our sole discretion, use the Feedback you provide to us in any way, including in future modifications of the Website, the Application, the Content, and/or advertising and promotional materials relating thereto. You hereby grant to us a perpetual, worldwide, fully transferable, irrevocable, royalty-free license to use, reproduce, modify, create material enhancements or improvements from, distribute and display the Feedback in any manner and for any purpose.

Disclaimers

Your use of the Website, the Application and the Content is at your own risk. The Website, the Application and the Content are provided "as is", without warranties or conditions of any kind, whether express or implied. To the fullest extent possible under applicable law, we disclaim all warranties and conditions, whether express or implied, statutory or otherwise, including without limitation implied warranties or conditions of merchantability and fitness for a particular purpose or use and warranties or conditions of title, non-infringement or other non-violations of rights.

We do not warrant or make any other representations regarding the use, accuracy, currency, completeness, timeliness, efficacy, applicability, performance, security, availability or reliability of the Content, the Website, the Application, the results from use of the Website, the Application or the Content, or otherwise regarding the Content or the information, content, or other subject matter on any websites linked on the Website, the Application or the Content. We are not responsible or liable for any false or misleading statements made by any User of the Website, the Application, or the Content.

Users are not employees, partners, representatives, agents, joint venturers, independent contractors or franchisees of Kru. Kru is not responsible nor liable for workers’ compensation or any tax payment or withholding, including without limitation applicable sales taxes, HST/QST/GST/PST (as applicable), unemployment or employment insurance, Canada Pension Plan, disability insurance, or other applicable payroll withholdings in connection with your use of the Website, the Application, or the Content.

Unless otherwise expressly stated, nothing contained on the Website, the Application or the Content shall be construed as providing advice to you.

Limitation of Liability

Under no circumstances shall we (including our affiliates, officers, directors, employees, agents, and successors) be liable to you or to any third party for any indirect, general, special, consequential, incidental, compensatory (whether expectation or consequential), liquidated, pecuniary, punitive, aggravated, or nominal damages or losses, or any other damages or losses of any kind whatsoever, including without limitation damages relating to negligence; telecommunication failures; Website, Application or Content maintenance; internet delays or limitations; errors, mistakes, or omissions or inaccuracies in the Content; loss; corruption; security or theft of data; viruses; spyware; lost revenue or profits; lost or damaged data; or economic loss; regardless of the cause of action, arising directly or indirectly from the Website, the Application or the Content, including without limitation the access or use of, or the inability to access or use, any or all of the Website, the Application or the Content. Notwithstanding anything to the contrary contained herein, our liability to you for any direct damages arising from or related to these Terms of Use (for any cause whatsoever and regardless of the form of action) will at all times be limited to one hundred Canadian dollars (Cdn$100). The foregoing limitations shall apply to the fullest extent permitted by law in the applicable jurisdiction.

Indemnity

By accessing and/or using the Website, the Application or the Content, you agree to indemnify, defend and hold harmless Kru and our affiliates, and Kru and our affiliates’ respective officers, directors, employees, agents, and successors from and against any liabilities, costs, demands, causes of action, damages and expenses (including reasonable legal fees and disbursements) that may arise from your use of or inability to use the Website, the Application or the Content, or those that are in any way related to your breach of any of the provisions of these Terms of Use. Without limiting the generality of the foregoing, such use or inability to use the Website, the Application or the Content includes without limitation your performance or 10 NATDOCS\84027120\V-4 participation in any Property Services provided pursuant to the Website, the Application or the Content and your ability or inability to perform or receive such Property Services or to receive payment for such Property Services.

You agree that, at our option, you will conduct the defense of any such claim or action; provided that, notwithstanding our election that you conduct the defense: (i) we may nevertheless participate in such defense or settlement negotiations and pay our own costs associated therewith; and (ii) you will not enter into any settlement or other compromise without our prior written approval (which approval shall not be unreasonably withheld), unless such settlement or other compromise includes a full and unconditional release of the relevant parties from all liabilities and other obligations in respect of such claim or action.

Warranties

You represent and warrant to use that:

Basis of the Bargain

You acknowledge and agree that the warranty, disclaimers, and limitations of liability set forth above are essential elements of the basis of the bargain between us and you, and will survive and apply even if your remedies are found or alleged to have failed of their essential purpose.

Exclusions

Nothing in these Terms of Use is intended to exclude or limit any condition, warranty, right or liability which may not be lawfully excluded or limited. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages, or exclusion of liability for loss or damage from death or personal injury. Accordingly, only the above limitations in these Terms of Use that are lawful in your jurisdiction will apply to you, and our liability will be limited to the maximum extent required by law.

Dispute Resolution

You agree to endeavour to resolve any dispute, claim or controversy arising out of or relating to these Terms of Use, or the Website, the Application or the Content, by negotiations; however, if a dispute is not resolved by negotiation within 20 days of commencing negotiations, the dispute shall be submitted to arbitration by a single independent arbitrator who is acceptable to both you and us and whose expenses will be shared equally by you and us. The arbitration shall be held in Edmonton, Alberta. If we cannot agree on an arbitrator, the ADR Institute of Canada will appoint an arbitrator. The determination of the arbitrator 11 NATDOCS\84027120\V-4 will be conclusive, final and binding on you and us. The Arbitration Act (Alberta) or successor legislation will apply to the arbitration. Notwithstanding the foregoing, each party shall retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other proprietary or intellectual property rights.

Termination

We may terminate these Terms of Use, including any licenses contained or granted herein, at any time. Upon termination, you must cease to access and/or use the Website, the Application and the Content. This includes, without limitation, the obligation to destroy all content, and all related documentation and all copies thereof, which you obtained from the Website, the Application and the Content, whether under these Terms of Use or otherwise, and the obligation to take any additional or alternative reasonable steps that we may direct in respect of the termination.

Modifications and Updates to the Website, the Application and the Content

We reserve the right, in our sole discretion, to modify or discontinue offering the Website, the Application and/or the Content, in whole or in part, including any webpage, or any features, functionality, tools or content thereof, at any time, for any reason or no reason, with or without notice to you. We also retain the right to impose limits on your use and storage of the Content at our sole discretion at any time without prior notice to you. You agree that we have no obligation to provide any updates or to continue to provide or enable any particular features, functionality, tools or content, and will not be liable with respect to any such modifications, discontinuance or deletions.

Amendment

We may amend these Terms of Use at any time by posting new Terms of Use on the Website, the Application, and, if applicable, certain of the Content. The amended Terms of Use shall automatically be effective when posted. We will post notice that the Terms of Use have been amended on the landing page of the Website, the main page of the Application (and, if applicable, a main page of the relevant Content) for 30 days. The date of the version of these Terms of Use is stated at the top of the page. You agree to review such Terms of Use on a regular basis.

Electronic Communications

When you visit the Website, the Application or the Content (as applicable), or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website, the Application, and, if applicable, certain of the Content. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

Severability

If any provision of these Terms of Use is held to be unenforceable, in whole or in part, by an applicable court of law, such holding will not affect the validity of the other provisions of the Terms of Use.

No Waiver

At no time do we waive our rights to enforce any terms or conditions as set out in this Terms of Use, even if any provision of the Terms of Use have been previously breached or unenforced.

Governing Law

These Terms of Use and the access to and use of the Website, the Application and the Content shall be governed by the laws of the Province of Alberta and the laws of Canada applicable therein, without regard to its conflict of law provisions. You agree to submit and attorn to the exclusive jurisdiction of the Courts of the Province of Alberta, Canada.

Entire Agreement

These Terms of Use, including our privacy policy or policies applicable to you, constitute the entire and exclusive understanding and agreement between you and us regarding your access to and use of the Website, the Application and the Content and supersede and replace any and all prior or contemporaneous oral or written understandings or agreements between you and us and regarding the subject matter hereof

Assignment

You may not assign, transfer, delegate or sublicense any of your rights or obligations under these Terms of Use, including by operation of law or merger or consolidation, without our express prior written consent, which may be granted or withheld in our sole discretion. Any attempted assignment, transfer, delegation or sublicense without the foregoing consent will be null and void. We may assign, transfer, delegate and/or sublicense our rights and obligations under these Terms of Use, in whole or in part, in our sole discretion, without restriction.

Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their successors and assigns.

No Agency

Except as otherwise expressly set forth herein, no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Use.

Survival of Terms

Any provisions of these Terms of Use that contemplate performance or observance subsequent to the expiration or termination of these Terms of Use shall survive such expiration or termination.

Remedies

Except as expressly set forth in these Terms of Use, the exercise by a party of any of its remedies under the Terms of Use will be without prejudice to its other remedies available under contract, at law, in equity or otherwise.

Headings

The headings in these Terms of Use are for reference purposes only and do not limit or otherwise affect the meaning or interpretation of any of the provisions hereof.

Third-Party Beneficiaries

Except as otherwise expressly set forth herein, these Terms of Use do not and are not intended to confer any rights or remedies upon any person other than the parties hereto.

Contact Us

For more information about these Terms of Use or any information or questions regarding the Website, the Application or the Content, please contact us at info@mykru.ca.

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