The following document outlines the terms of use of the Joy+ website and mobile app. Before using any of the Joy+ services, you are required to read, understand, and agree to these terms.
Description of Service
JoyPlus Inc. (“Joy+“, “JoyPlus” “we”, “us” or “our”) provides a platform via its website and apps (the “Site”) to a community of registered users (“users” or “you”) to engage in a variety of activities, including to upload and display gratitude and vision photographs (“Visual Content”), share comments, opinions, and ideas including Visual Content Galleries, participate in ‘The Zone’ chat room, apply and register for the Coach Marketplace (“Coach Accounts”), and market their services to potential clients within the app. The foregoing list of Services is not all-inclusive and additional Services may be offered by us from time to time. The following are the terms of use (“Terms”) for using the Site and the Services.
Acceptance of Terms
BY USING THE SERVICES, YOU ARE AGREEING, ON BEHALF OF YOURSELF AND THOSE YOU REPRESENT, TO COMPLY WITH AND BE LEGALLY BOUND BY THESE TERMS AS WELL AS OUR PRIVACY POLICY AND ALL APPLICABLE LAWS. IF YOU, FOR YOURSELF OR ON BEHALF OF THOSE YOU REPRESENT, DO NOT AGREE TO ANY PROVISION OF THESE TERMS, YOU MUST, FOR YOURSELF AND ON BEHALF ANY SUCH PERSON(S), DISCONTINUE THE REGISTRATION PROCESS, AND DISCONTINUE YOUR USE OF THE SERVICES.
Modifications of Terms
Joy+ reserves the right, at its sole discretion, to modify or replace the Terms at any time. If the alterations constitute a material change to the Terms, Joy+ will notify you by posting an announcement on the Site. What constitutes a material change will be determined at the sole discretion of Joy+. You are responsible for reviewing and becoming familiar with any such modifications. Using any Service or viewing any Visual Content constitutes your acceptance of the Terms as modified.
In addition, when using particular features of the Services, you are subject to any posted guidelines, terms or rules applicable to such Services.
Your access to and use of the Site and our Services may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside of our control. Joy+ reserves the right to suspend or discontinue the availability of the Site, any Service, and to remove any Visual Content at any time at its sole discretion and without prior notice. Joy+ may also impose limits on certain features and Services or restrict your access to parts of or all of the Site and the Services without notice or liability. The Site should not be used or relied upon for storage of your Visual Content and you are directed to retain your own copies of all Visual Content posted on the Site.
Registration
As a condition to using the Services, you are required to open an account with Joy+, select a password and display name, and to provide registration information including a valid email address, which may be used to help register you for a Coach Account or send notifications to all users. The registration information you provide must be 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 access to the Services, by terminating your account. Any personal information that you provide to Joy+ is governed by the Joy+ Privacy Policy.
You may not use as a username of 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.
YYou are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your Joy+ account.
Services are available to authorized representatives of legal entities and to individuals who are either (i) at least 18 years old to register for Coach Accounts or (ii) at least 14 years old, and who are authorized to access the Site by a parent or legal guardian. If you have authorized a minor to use the Site, you are responsible for the online conduct of such minor, and the consequences of any misuse of the Site by the minor. Parents and legal guardians are warned that the Site may display Visual Content containing nudity and violence that may be offensive to some.
User Conduct
All Visual Content posted or otherwise submitted to the Site, and any comments, or other communications (“Communications”, with Visual Content and Communications collectively referred to as “Content”) is the sole responsibility of the account holder from which such Communications originate. You acknowledge and agree that you, and not Joy+, are entirely responsible for all Content that you post, or otherwise submit to the Site, including via messages exchanged through the Joy+ messenger service. Joy+ does not control user submitted Content and, as such, does not guarantee the accuracy, integrity, or quality of such Content. You understand that by using the Site, you may be exposed to Content that is offensive, indecent, or objectionable.
As a condition of use, you promise to not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by Joy+. By way of example, and not as a limitation, you agree not to use the Services:
1) To abuse, harass, threaten, impersonate, or intimidate any person;
2) To post or transmit, or cause to be posted or transmitted, any Content that is libellous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person;
3) To communicate with Joy+ representatives or other users in an abusive or offensive manner;
4) For any purpose (including posting or viewing Content) that is not permitted under the laws of the jurisdiction where you use the Services;
5) To post or transmit, or cause to be posted or transmitted, any Communication designed or intended to obtain password, account, or private information from any Joy+ user;
6) To create or transmit unwanted ‘spam’ to any person or any URL;
7) To create multiple accounts for the purpose of harassing other users;
8) To post copyrighted Content that does not belong to you, unless you are commenting on others Visual Content, where you may post such Content subject to providing appropriate attribution to the copyright owner and a link to the source of the Content;
9) With the exception of accessing RSS feeds, you agree not to use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
10) To artificially inflate or alter likes, shares, comments, or any other Service or for the purpose of giving or receiving money or other compensation in exchange for likes, or for participating in any other organized effort that in any way artificially alters the results of Services;
11) To promote or sell Visual Content of another person unless you are expressly authorized to do so; or
12) To sell, assign, or otherwise transfer your Profile or account.
To report a suspected abuse of the Site or a breach of the Terms, please send written notice to Joy+ at email: info@joyplus.ca.
You are solely responsible for your interactions with other users of the Site. Joy+ reserves the right, but has no obligation, to review disputes between you and other users. This includes the right to review messages exchanged through the Joy+ messenger service, based on any reports that Joy+ receives alleging the violation of these Terms through the use of the Joy+ messenger service, including without limitation, reports regarding alleged harassment, indecency, and offensive messages.
If the Services or Site are used in a manner that violates the Terms in any way, Joy+ may at its sole discretion, but is not required to, suspend or terminate your account, disable your access to the Site and/or take any steps that it deems appropriate to address the situation.
Paid Account Services
Joy+ provides paid services to holders of its paid Mentor Accounts. To register for a Mentor Account, you must be at least 18 years of age and have a valid Joy+ account. In addition to the general terms and conditions provided for by these Terms, the following terms and conditions apply specifically to Mentor Account holders:
1) Coach Accounts are available on a monthly or yearly subscription basis.
2) Joy+ may modify, suspend, or discontinue the Services provided to Coach Account holders at any time at its sole discretion and without prior notice.
3) 3) Joy+ provided early adopter Coach Accounts for the first 5 Coaches in the Marketplace with a free trial period. The provision or duration of such period is in the sole discretion of Joy+. If you are one of these 5 early Coaches and choose to terminate your early adopter Coach Account, you are not entitled to any refund for any fees paid for your Coach Account.
4) You can cancel your subscription at anytime by contacting us via email, however you will still be charged for the entirety of your term. If you don’t cancel your subscription, your subscription will auto-renew beyond your term at the same frequency of your initial term. Agreeing with these terms and conditions is agreeing to paying for your full term even if you decide to cancel early, and to auto-renewals beyond your term if you don’t cancel.
5) We do not provide refunds on subscription payments, this includes no refunds on monthly subscriptions, no refunds on yearly subscriptions, and no refunds on auto-renewals that may have occurred beyond your term and prior to cancellation. Once you cancel your subscription you will maintain access to your upgraded features until the completion of the billing cycle. Agreeing to these terms and conditions is agreeing to our no refund policy.
Links
TThe Services may provide, or third parties may provide, links to other sites or resources. Because Joy+ has no control over such sites and resources, you acknowledge and agree that Joy+ is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Joy+ shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such site or resource.
Release and Indemnity
You hereby expressly and irrevocably release and forever discharge Joy+, its affiliated and associated companies and its authorized distributors, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims, and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.
You hereby agree to indemnify and hold harmless Joy+, its affiliated and associated companies and its authorized distributors, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary, and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of (i) a breach of these Terms, (ii) Content posted on the Site, (iii) the use of the Services or Mentor Accounts, by you or any person using your account or Joy+ Username and password, (iv) the distribution, or use of your Visual Content, or (v) any violation of any rights of a third party. Joy+ reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
Trademarks
Joy+, joyplus.ca, and other Joy+ graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks, or trade dress of Joy+. Joy+ trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Joy+.
Termination
Joy+ may terminate or suspend any and all Services and/or your Joy+ account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your Joy+ account it will result in the removal of your Visual Content from the Site pursuant to these Terms. All provisions of the Terms which by their nature shall survive termination, including, without limitation, ownership and rights provisions and warranties, warranty disclaimers, indemnity and limitations of liability.
Warranty Disclaimer
YOUR USE OF THE SITE AND THE SERVICES IS AT YOUR OWN RISK. THE SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. JOY+ EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. JOY+ DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS SITE AND THE SERVICES, INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THIRD PARTY COMMUNICATIONS, (C) ANY THIRD PARTY WEBSITES OR CONTENT DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS, (D) THE UNAVAILABILITY OF ALL OR ANY PART OF THE SITE OR THE SERVICES, (E) YOUR USE OF THE SITE OR THE SERVICES, OR (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SITE OR THE SERVICES.
Limitation of Liability
EXCEPT AS OTHERWISE PROVIDED BY LAW, NEITHER JOY+ NOR ANY OF ITS AFFILIATES, PARENTS, SUBSIDIARIES, AUTHORIZED DISTRIBUTORS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CLIENTS, OR AGENTS SHALL BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE SITE, ANY FACTS OR OPINIONS APPEARING THEREON, OR THE SERVICES. JOY+ SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE OR SERVICES.
YOU AND JOY+ AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE ARISING HEREUNDER WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU ACT OR PROPOSE TO ACT IN A REPRESENTATIVE CAPACITY. YOU FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF Joy+ AND ALL PARTIES TO ANY SUCH PROCEEDING.
General Provisions
1) Controlling Law. The Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and Canada, as applicable, without regard to conflicts of laws principles. The United Nations Convention on the International Sale of Goods does not apply and is expressly excluded.
2) Disputes and Arbitration. Any controversies or disputes arising out of or relating to these Terms shall be resolved by binding arbitration in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association or of the International Center for Dispute Resolution to be held in one of the following jurisdictions (whichever is closest to you): New York, New York; San Francisco, California; or Toronto, Canada. The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of these Terms. The arbitration proceeding shall be conducted in English and all documentation shall be presented and filed in English. The arbitrator shall not have the authority to modify any provision of these Terms or to award punitive damages. The arbitrator shall have the power to issue mandatory orders and restraint orders in connection with the arbitration. The decision rendered by the arbitrator shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any court having jurisdiction. The prevailing party shall be entitled to recover its reasonable legal costs relating to that aspect of its claim or defence on which it prevails, and any opposing costs awards shall be offset. The agreement to arbitration shall be specifically enforceable under the prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under these Terms. The parties agree that, notwithstanding any otherwise applicable statute(s) of limitation, any arbitration proceeding shall be commenced within two years of the acts, events, or occurrences giving rise to the claim.
3) Confidentiality Obligation. For as long as either party possesses any confidential information, each party agrees to not disclose any Confidential Information of the other party to any third party or use any of the Confidential Information except as necessary to perform that party’s obligations under these Terms. Confidential information includes without limitation information concerning marketing plans, financial results, pricing schedules, product lines, product plans, proprietary technology, research information, practices, trade secrets, and any and all other information as deemed confidential by the disclosing party which is not generally known to the public.
4) Assignment. These Terms shall be binding upon and shall inure to the benefit of the parties’ heirs, executors, administrators, successors, and permitted assigns. Joy+ may assign its rights and obligations under these Terms, including without limitation, any assignment resulting from any corporate reorganization, merger, sale of substantially all the assets to which these Terms relate. Your obligations under these Terms are personal and may be assigned only with Joy+’s prior written consent.
5) Relationship of the Parties. Nothing in these Terms will constitute the relationship of an employer and employee, a principal-agent, partnership, or a joint venture between the parties. You are responsible for obtaining and maintaining all applicable business licenses and insurance, and for timely payment of all income, payroll, and employment-related taxes, including without limitation all unemployment, workers compensation, income tax withholding, social security, and any other taxes of any nature.
6) Notices. Notices to be served in accordance with these Terms may be served by email, or by mail, at the election of Joy+. However, email shall be the predominant source of communication. You agree to notify Joy+ of any change in your email or mail address for the purpose of notification pursuant to this Agreement.
7) Severability. In the event that any provision of these Terms shall be unenforceable or invalid under any applicable law, or so held by applicable court decision, such enforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and in such event such provision shall be changed and interpreted so as to best accomplish the objectives of such provision.
8) Entire Agreement. These Terms incorporate the entire understanding of the parties concerning the subject matter contained herein and merges and/or supersedes all prior and contemporaneous communications and/or agreements. No action of Joy+, other than the express or written waiver or amendment, may be construed as a waiver or amendment of these Terms.
9) Personal Information. Please refer to Joy+’s Privacy Policy for additional information on how Joy+ stores, uses, and processes all personal information.