ACCESS AND USE OF THE PLATFORM

If you browse the Platform, it means that you have read, understood, and accepted the Terms of Use.

The Platform is accessible on the Apple Store (with iOS system), on Google Play (with Android system), and from any IT tool (computer, smartphone, tablet, etc.).

The Platform requires you to choose a password to authorize a payment. As long as the password is entered correctly, Trendigo assumes that the User is the person giving instructions and making payments. It is up to the User to choose a secure password that is not easily guessed by another person, to keep this password secret and to ensure that it is not stored in a way that allows others to access it or to impersonate it. In addition, if you disclose the password to any other person or authorize access to the Plateform, you become responsible for their access, use or disclosure of your password to that person.

GENERAL CHARACTERISTICS OF THE PLATFORM

The Platform's advanced features allow you to

• - Register and/or discover merchants near you;
• - Pay a participating merchant by using your registered payment card details, scanning a QR code on that merchant's website, counter, invoice or other materials and confirming your payment via the Platform.
• - Pay for your products or services using (alone or in addition to one of your cards) the points received (cash back) from your previous purchases. The details of your available points are visible in the "wallet" section of the Platform.

THE SERVICE

The Platform is accessible at all times. The Platform may be temporarily unavailable in case of updates or technical problems. Trendigo is not responsible for any interruption of service or updating. Trendigo will try to make the updates when the affluence of visits on the Platform is at its lowest.

Trendigo does not guarantee that the Platform, or any portion thereof, will function on any particular hardware or devices. In addition, the Platform may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

Trendigo reserves the right to add, delete and modify all content, or parts of it, on the Platform, except for the specific content of the User. Trendigo cannot be held responsible for mistakes, typographical errors or bugs. Each User created in the system owns the content on his account.

Trendigo also reserves the right to suspend or terminate your access to the Platform or its features without notice where it is reasonable for us to do so and in particular if:

1. for any reason, we decide to stop providing the Platform;
2. we believe that you have violated the Terms of Use;
3. your use of the Platform has been in any way inappropriate or violates the spirit of the Terms of Use;
4. we reasonably believe that your use of the Platform may be threatened by fraud or abuse;
5. our IT infrastructure is failing, is down or requires maintenance;
6. we are ordered or recommended to do so by security services, the courts or a competent regulatory authority.

The User agrees, non-restrictively, to not:

1. Use the Platform in a way that could harm, put out of service, surcharge or jeopardizes the Platform;
2. Disrupt the security or otherwise abuse of the Platform or any service, system’s resources, server or network linked to the Platform or to websites affiliated, linked to or accessible from the Platform;
3. Disturb or disrupt the use or the enjoyment by other Users of the Platform or websites affiliated or linked to the Platform;
4. Download, display or otherwise provide on the Platform a virus or any other file or computer program that is harmful, disrupting or destructive;
5. Use a robot, spider or any other automatic device or manual method to control or copy pages or content of the Platform;
6. Use the Platform to send e-mail chains, «junk mail» or any other type of unsolicited mass e-mail; and
7. Attempt to obtain unauthorized access to the Platform or to certain parts of the Platform with limited access. Moreover, the User recognizes that he is the sole person responsible for any action, communication engaged or sent to him or from him. He agrees to respect the legislation applicable to its use of and its activities on the Platform.

INTELLECTUAL PROPERTY

All intellectual property rights (trademarks, copyrights, etc.) (hereinafter the “Intellectual Property”) related to the Platform are the exclusive property of Trendigo. The User may not copy or use the material, structure, menu, appearance, or characters that appear on the Platform without the express consent of Trendigo.

Certain names, words, titles, expressions, logos, icons, graphs, drawings, domain names or other content displayed on the Platform may, among other things, be trademarks or commercial designations, whether registered or unregistered (for the purpose of the following Terms of Use, they are all referred to as “Trademarks”). These Trademarks are protected by Canadian and foreign laws applicable to trademarks and are the exclusive property of Trendigo.

Without limiting their coverage, the Intellectual Property elements belonging to Trendigo include, non-exhaustively, the following elements:

• - All logos, drawings, graphs, marks (registered or not), symbols, texts, expressions, words as well as the general content on the Platform;
• - All softwares, APIs and materials made available by the Platform;
• - All databases made available by the Platform; and
• - All the content offered by the Platform for free download.

Any information provided on the Platform belongs to Trendigo and is protected by the applicable laws. Except when provided otherwise, the information cannot be copied, displayed, distributed, downloaded, used with a license, modified, published, reproduced, reused, sold, transmitted or used for derivative works means, public or commercial, without Trendigo’s express and written authorization. The information is protected under Canada’s copyright and trademark legislation as well as under the copyright and trademark legislation of the countries hosting the Platform.

For further information regarding the authorization to use, reproduce or publish again any information displayed on the Platform, please contact us at the following e-mail address: support@trendigo.com.

Nothing contained herein shall be interpreted as conferring any license or any kind of right to the User under copyright or trademarks laws.

Unauthorized download, broadcast, copy or modification of Intellectual Property or data contained in the Platform can breach laws regarding trademarks or copyrights. Such breach can expose the User to a lawsuit.

EXTERNAL LINKS

It is possible that by using a link, the User exits the Platform to access external content (hereinafter referred to as “External Links”). In addition to its own content, Trendigo provides on its Platform links to other websites only for user-friendly and informative purposes. Trendigo has no control over the content of those websites and is not responsible for their accuracy, precision, comprehensiveness, authenticity, actuality or adequacy. Trendigo is also not responsible for any direct or indirect damage or consequence regarding content in these External Links. Trendigo has no influence on the content to which the External Links refer to and is not responsible for it. Trendigo does not require the transmission of information, does not select nor modify the information transmitted and does not select the recipients of the information transmitted. Furthermore, under links’ creation and consultation method in effect, Trendigo does not subject the External Links to any intermediary short-term automatic safeguard. Consequently, the owners of the websites accessible from the External Links remain responsible for their content.

Furthermore, Trendigo does not guarantee the absence of copyright, trademark or any other rights violations by those websites or their content. Trendigo does not guarantee the absence of virus or any other harmful composites on those websites or on their content.

Trendigo also does not guarantee the accuracy of documents available on Internet.

SOCIAL MEDIA

The following conditions are applicable when the User accesses a social media page, an account, a website, network or any application contained in them that was created and is managed by a social media (hereinafter individually and collectively referred to as “Social Media” ).

General statement

By using Social Media pages and by submitting a comment, a picture, a video or any other element, the User (as well as his parent/legal guardian if he has not reached the age of majority according to his territory or province of residence) agrees to be bound by and to obey the present Terms of Use, Trendigo’s privacy policy as well as Social Media providers’ terms and conditions, if any. You also agree that Trendigo copy, edit, publish, translate and distribute your commentaries, photos, videos or any other element published on a Social Media, and this without any counterpart.

Terms of use of Social Media

Some comments and other elements displayed on Social Media pages may not represent Trendigo’s opinions. Consequently, the User agrees not to publish or submit information, publications, links or any other element that fit in either one of the categories listed below on Social Media pages:

• - any defamatory content;
• - offensive;
• - obscene;
• - misleading;
• - illegal;
• - violating in any other way the rights of others (including privacy rights);
• - any advertising content;
• - promotional documents or any other form of undesired solicitation;
• - any content whose origin or source is falsified;
• - any financial or personal information about you or anyone else; and
• - any information that Trendigo would judge to be a breach or its Terms of Use.

Any information, message, link or item that, according to Trendigo, enter in either one of the categories listed above will be deleted without engaging Trendigo’s liability.

In addition, Trendigo does not assume responsibility for filtering messages posted on Social Media.

Trendigo is not liable for entities detaining or exploiting Social Media, particularly for any loss, direct or indirect damage deriving from any measure or decision taken by you or anyone else regarding the use of Social Media.

DISCLAIMER, EXCLUSION OF WARRANTY AND INDEMNITY

Trendigo does not guarantee the accuracy, completeness, quality, suitability, or content of the information on its Platform. This information is provided "as is" without warranty or condition of any kind, unless otherwise stated in jurisdictions that do not allow the exclusion of implied warranties.

Trendigo is not responsible for the content he posted on the Platform by the User and for any damage that may result. Each User is responsible for the content it exchanges on the Platform and may not use the Platform for purposes contrary to the laws applicable in Quebec and Canada.

When the User is a consumer under the Consumer Protection Act, the Consumer Protection Act does not allow for the exclusion of warranties and the Trendigo's disclaimer of liability for certain damages. In this case, the User has additional rights and is not subject to the limitations mentioned below.

Except where the Consumer Protection Act is applicable, Trendigo shall not be liable for any direct, indirect, special, incidental or consequential damages, or any other damages whatsoever, including loss of income, profits or anticipated economic benefits from the use or inability to use the Platform, the information, documents and software contained therein, with their content, even if Trendigo has been warned of the possibility of such damages or even if such damages may be reasonably foreseen.

Trendigo acts as a third-party payment for services or products purchased from participating merchants. By purchasing goods or services from these merchants, you are entering into a contract of sale with them and not Trendigo.

You understand and agree that Trendigo cannot be held responsible for the outcome of your transactions with merchants using the Platform. Trendigo has no control over or responsibility for the legality or use of goods and services paid for through the use of the Platform.

It is the responsibility of the User and the merchant concerned to resolve any dispute or claim concerning a payment made via the Platform or the purchase or sale of goods and services.

Trendigo can initiate a refund if:

• a payment made via the Platform is reversed by a court, regulatory authority or other third party acting in accordance with applicable law;
• Trendigo, in its sole and absolute discretion, accepts or has reason to believe that a payment has not been authorized by the User;
• A payment is alleged to be illegal, suspicious or contrary to this Agreement.

Trendigo's liability under the Terms of Use shall be limited to the refund of unauthorized payments made in accordance with the above provisions.

As a User, you will indemnify Trendigo, and, as the case may be, its directors and officers, shareholders, partners, employees, agents and other stakeholders of Trendigo, and release them from all liability for any and all claims, liabilities, losses and fees (including legal fees) attributable to the use of the Platform and/or the violation of these Terms of Use, whether this infringement is on your behalf or any other third-party user of your account.

You may not use or export the information nor any copy or adaptation of the information in contravention of applicable laws or regulations.

AMENDMENTS TO THESE TERMS

We occasionally update these Terms. Continued use of this Platform constitutes the User’s agreement to these Terms and to its updates.

However, when the Consumer Protection Act applies, Trendigo will notify thirty (30) days prior to the coming into effect of the modification of the present Users of the Platform. If the User refuses these changes and wishes to no longer use the Platform, he will have no later than thirty (30) days following the entry into force of the amendments to send a notice to Trendigo.

CONTACT PERSON

If you have any questions or comments regarding any content of the Platform, please contact us at support@trendigo.com.

Las update done the August 18th, 2020