Overview

The following terms (“Terms of Service”) describe the terms and conditions applicable to your access to and use of the Frenzy Application, services, and any associated software and products (collectively referred to as the “Service”). This document is a legally binding agreement between you as the user of the Service (referred to as “you” or “your”) and Jaded Labs Inc. and its Affiliates (referred to as “we”, “our”, “us” or “Jaded Labs”), where “Affiliates” means any entity that directly or indirectly controls, is controlled by, or is under common control with Jaded Labs Inc.

By signing up for the Service you are agreeing to be bound by the Terms of Service. Any new features or tools which are added to the current Service shall also be subject to the Terms of Service. You can review the current version of the Terms of Service at any time here. We reserve the right to update and change the Terms of Service by posting updates and changes. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.

You must read, agree with and accept all of the terms and conditions contained in these Terms of Service and our Privacy Policy available at: https://getfrenzy.co/privacy before you may use the Service.

1. General Conditions

  1. You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
  2. The Service is only available via download in the Apple App Store, and you must have an iOS device in order to use the Service.
  3. Technical support is available via email only at contact@getfrenzy.co.
  4. You acknowledge and agree that the Service, including without limitation, any associated software, documentation, applications, websites, tools and products, any modifications, enhancements and updates thereto, and all intellectual property rights therein are exclusively owned by Jaded Labs.
  5. You acknowledge and agree that we may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service here and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Service after the amended Terms of Service are posted constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.
  6. You may not use the Service for any illegal, fraudulent or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction, or the laws of Canada and the Province of Ontario.
  7. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without our express written permission.
  8. You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Frenzy, Jaded Labs or either of Frenzy’s or Jaded Labs’ trademarks and/or variations and misspellings thereof.
  9. Questions about the Terms of Service should be sent to contact@getfrenzy.co.
  10. The Terms of Service shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to principles of conflicts of laws. You and we irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Province of Ontario with respect to any dispute or claim arising out of or in connection with the Terms of Service or your use of the Service. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.

2. Our Rights

  1. We reserve the right to modify, discontinue or terminate the Service or any part thereof, or terminate your account or your access to the Service, for any reason without notice at any time. We shall not be liable to you or to any third party for any modification, discontinuance or termination of the Service or any part thereof, or the termination of your account or your access to the Service.
  2. We reserve the right to refuse the Service to anyone for any reason at any time.
  3. We may, but have no obligation to, remove without notice any Comments (as defined in Section 9) that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violate any party’s intellectual property or these Terms of Service.
  4. A breach or violation of any provision of the Terms of Service, as determined in our sole discretion, may result in an immediate termination of your access to the Service. Without limiting any other remedies that we have, we may suspend or terminate your access to the Service if we suspect that you have engaged in fraudulent activity in connection with the Service.
  5. Verbal or written abuse of any kind (including threats of abuse or retribution) of any Seller (as defined in Section 3), or Jaded Labs’ employee, member, or officer will result in immediate termination.
  6. We reserve the right, but are not obligated, to limit the availability of the Service, or products or services made available via the Service, to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
  7. It is in our sole discretion to refuse or remove any content that is available via the Service. Products offered by Sellers (as defined in Section 3) on the Service are offered in limited quantities, sometimes in extremely limited quantities. Restrictions on the Service may include restrictions on: (a) the number of products purchased per order, (b) orders placed by or under the same account, (c) the number of orders placed using the same credit card, and/or (d) the number of orders that use the same billing and/or shipping address. We reserve the right to refuse, cancel, limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, distributors, bots or other automatic devices, programs or methodologies, or any similar or equivalent manual processes, to access, acquire, copy or monitor any portion of the Service or in any way reproduce or circumvent the navigational structure or presentation of the Service, or to obtain or attempt to obtain any products through any means not purposely made available through the Service.

3. Jaded Labs’ Role

  1. The Service allows third party sellers (“Sellers”) to list and sell their products through the Service. The Seller is indicated in each respective sale on Frenzy. While Jaded Labs facilitates transactions that are carried out through the Service, Jaded Labs is neither the buyer nor the seller of the Seller's items. Jaded Labs provides a venue for Sellers and buyers to negotiate and complete transactions. Accordingly, the contract formed at the completion of a sale for products made available via the Service, including with respect to any warranties applicable to such products or services, is solely between the Seller and you, as the buyer. Jaded Labs is not a party to the contract, is not the Seller’s agent, nor do we assume any responsibility arising out of or in connection with the offer or sale of products via the Service, including without limitation any harm or damages related to the purchase or use of goods, services, resources, content or any other transaction made with the Seller. Without limiting the foregoing, Jaded Labs is not liable for any (a) product liability claims; (b) claims that the offer or sale of products or services via the Service fails to conform to any applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation. The Seller is responsible for the sale of its products and for dealing with any claims or any other issue arising out of or in connection with the contract between the Seller and you as the buyer.

4. Privacy and User Data

  1. You understand that any information you provide to us in using the Service (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. Any personal information you provide to us in using the Service will be treated in accordance with the Frenzy privacy policy (available at: https://getfrenzy.co/privacy).

5. Accuracy, Completeness and Timeliness of Information

  1. We make no warranties with respect to the products, services or information provided by Sellers through the Service, and we are not responsible if that information is not accurate, complete, up-to-date or otherwise does not meet your personal requirements. Any reliance on the material or information made available through the Service is at your own risk.
  2. Occasionally there may be information available through the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. The ability to change and/or update information or cancel orders (and refund any amounts paid with respect to such orders) if any information in the Service or on any related website is inaccurate is the responsibility of the Seller.
  3. We undertake no obligation to update, amend or clarify information in the Service, including without limitation, pricing information, except as required by law or a Seller. No specified update or refresh date applied in the Service, should be taken to indicate that all information in the Service has been modified or updated.

6. Modifications to Products, Services and Prices

  1. You should be aware that the Sellers’ prices and descriptions for products and services available through the Service are subject to change without notice. If you complete a purchase from the Seller prior to a price change, the price change will not apply to that purchase, but will apply to any future purchases of products or services from the Seller that you might make through the Service while that price change is in effect.
  2. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any product or service made available through the Service.
  3. Products available through the Service are provided in limited quantities and your purchase of any product shall be subject to the return and/or exchange policies of the Seller.
  4. Purchases made via the Service are not finalized until you receive an email order confirmation from the Seller. Frenzy is not responsible for the inability to complete any purchase using the Service or if products available during a flash sale sell out before you are able to complete your purchase.

7. Accuracy of Billing and Account Information

  1. In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”).
  2. Certain personal information, including your name, billing address, shipping address, email address and a valid credit card are required for Account registration. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or Jaded Lab's termination of your Account. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Jaded Labs in writing, you may only possess one Account.
  3. In the event a Seller modifies or cancels an order, the Seller may attempt to notify you by contacting the e-mail and/or billing address you provided at the time the order was made.

8. User Comments, Feedback and Other Submissions

  1. If you submit any ideas, suggestions, comments, proposals, plans, or other content or submissions to us, whether online, by email or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are under no obligation (1) to use or rely on any Comments; (2) to maintain any Comments in confidence (unless such comments contain Personal Information); (3) to pay compensation for any Comments; or (4) to respond to any Comments.
  2. You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other, intellectual property, personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive, hateful or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website or application. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.

9. Geofenced Sales

  1. In order to participate in certain sales via the Service, you may be required to be located within an identified area (the “Dropzone”) within a specified period of time (the “Specified Time”) to be eligible to purchase goods or services (a “Geofenced Sale”). To participate in a Geofenced Sale, you must have Location Services enabled on your device. If you participate in a Geofenced Sale, you agree that we may access your location via your device to verify you are within the Dropzone within the Specified Time.
  2. You agree not to use any tools or techniques to attempt to alter or falsify your location. Our determination of whether or not you are located in the Dropzone within the Specified Time will be final and binding.


10. Prohibited Uses

  1. In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Service, its content, or any of the products or services available through the Service: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, or local laws, regulations, rules, or ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious or destructive code; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website or application, other website or application, or the Internet. We reserve the right to terminate your use of the Service or any related website or application for violating any of the prohibited uses.

11. Disclaimer of Warranties; Limitation of Liability

  1. You expressly agree that your use of, or inability to use, the Service, including your participation in any sale offered via the Services, is at your sole risk, and we disclaim responsibility for any harm resulting from your use of and access to the Service. It is your responsibility to ensure that you are familiar with and approve of the terms, policies and practices on which products, services, and links are provided by the relevant Sellers and third-party provider(s). The Service is provided to you (except as expressly stated by us) “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. We do not warrant that the Service will be uninterrupted, timely, secure, or error-free, that the results that may be obtained from the use of the Service will be accurate or reliable, or that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected. We do not warrant that the location techniques used to confirm your location for Geofenced Sales will be accurate or reliable. Some jurisdictions do not allow limitations on implied warranties, so this limitation may not apply to you.
  2. We do not provide any warranties with respect to products or services offered or sold by Sellers via the Service. The availability of products or services on the Service does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Jaded Labs.
  3. In no event shall Jaded Labs, its Affiliates, officers, directors, employees, agents, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost opportunity, lost profits, lost revenue, lost savings, loss of data, replacement costs, loss of goodwill or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any part or parts of the Service or any services or products procured using the Service, or for any other claim related in any way to your use of the Service or any services or products procured using the Service, including, but not limited to, your participation in, or inability to participate in, any sale offered via the Service, any errors or omissions in any content or otherwise arising from your use of the Service, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of the possibility of same. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

12. Indemnification

  1. You agree to indemnify, defend and hold harmless Jaded Labs, its Affiliates, officers, directors, employees, agents, and licensors from any claim or demand, including reasonable attorneys’ fees, made by any third-party, including any Seller, due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

13. Severability

  1. In the event that any provision of these Terms of Service is determined by a court of competent jurisdiction to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, the unenforceable portion shall be deemed to be severed from these Terms of Service, and such determination shall not affect the validity and enforceability of any other remaining provisions.

14. Termination

  1. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use the Service or by ceasing to use the Service or deleting the Frenzy application.
  2. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate these Terms of Service at any time without notice and accordingly may deny you access to the Service, your Account or any part thereof.
  3. The obligations (including payment obligations) and liabilities incurred prior to the termination date shall survive the termination of these Terms of Service for all purposes.

15. Waiver and Entire Agreement

  1. The failure by us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
  2. These Terms of Service and any policies or operating rules incorporated into these Terms of Service or posted by us in respect to the Service constitutes the entire agreement and understanding between you and us, and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

16. Product Claims Against Apple

  1. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your use of the Service, including but not limited to: (a) product liability claims; (b) any claim the Service fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.

Questions about the Terms of Service should be sent to us at contact@getfrenzy.co.

Last updated: March 24, 2017