Home
Legal – Terms of Use

TERMS OF USE

Welcome to https://toloka.ca (“Site”)! This Site is provided and managed by Toloka Corporation, located at 43 Bridlecrest Blvd SW, Calgary, AB T2Y 4X9, Canada (hereinafter “Toloka”) as a source of information and comprises a legal agreement between Toloka and you, the person accessing and using the Site (“you”). Please review these terms of use (the “Terms”), which govern your use of the Site. Note that your use of the Site constitutes your unconditional agreement to be bound by these Terms.

IF YOU DO NOT AGREE WITH ONE OR MORE OF THESE TERMS YOU MAY NOT ACCESS OR USE THE SITE AND MUST LEAVE THE SITE. In consideration of the mutual promises and agreements contained in these Terms and other good and valuable consideration (the receipt and sufficiency of which are hereby acknowledged), you and Toloka agree as follows:

1. Purpose

1.1 The Site is made available to you for the purpose of:

1.1.1. providing you with information about Toloka business;

1.1.2. Providing you with a possibility to purchase goods and services from Toloka;

2. YOUR USE OF THE SITE

2.1 If we determine that a person under the age of majority has provided personal information to the Site, we will delete that information as soon as practical. If you become aware that such information has been provided, please contact us at management@toloka.ca so that we can delete that information.

2.2 In accessing and using the Site, you agree that you will not do any of the following (collectively, the “Code of Conduct”):

2.2.1 Restrict or inhibit any other visitor from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site;

2.2.2 Use the Site or content on or from the Site for any unlawful purpose;

2.2.3 Express or imply that any statement you make is endorsed by Toloka;

2.2.4 Submit data or information or otherwise transmit material through the Site that is (i) copyrighted, protected by trade secret, or otherwise subject to third party proprietary or intellectual property rights, including privacy and publicity rights, unless you are the lawful owner of such rights or have permission from the rightful owner to submit or transmit such data or information; (ii) is unlawful, obscene, defamatory, libelous, threatening, fraudulent, abusive, pornographic, harassing, or encourages conduct that would be considered a criminal offense, or does or would give rise to civil liability or violate any law, rule, or regulation, or is otherwise objectionable, or infringes Toloka or any third party’s intellectual property rights or other rights; (iii) is intended to victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of age, disability, ethnicity, gender, race, religion, or sexual orientation; or (iv) is non-public information about a company or individual without the express written authorization to do so;

2.2.5 Engage in spamming, flooding, phishing, or other activity intended to gather information unlawfully;

2.2.6 Transmit any software or other materials that contain any harmful or malicious code, including without limitation viruses, worms, time bombs, date bombs, trojan horses, and defects;

2.2.7 Modify, adapt, sublicense, translate, sell, reverse engineer, decompile, or disassemble any portion of the Site;

2.2.8 Remove any copyright, trademark, or other notices of proprietary rights contained on the Site;

2.2.9 “Frame” or “mirror” any part of the Site without Toloka’s prior written authorization;

2.2.10 Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, data mine, or in any way reproduce or circumvent the navigational structure, or presentation of the Site or its contents;

2.2.11 Harvest or collect information about Site visitors;

2.2.12 Take any action that imposes an unreasonable or disproportionately large load on Toloka’s infrastructure.

3. SUSPENSION AND TERMINATION OF ACCESS

3.1 Toloka may suspend or terminate access to the Site at any time in its discretion and immediately without prior notice and without further obligation or liability to you for any reason, and without any liability of any kind or any nature whatsoever to you.

4. INFORMATION POSTED ON THE SITE

4.1 The information, data, content and materials on the Site (the “Materials”) are provided for your review in accordance with the Terms. Toloka reserves the right to change the Materials for any reason whatsoever and without notice.

4.2 Toloka cannot and does not guarantee the accuracy or completeness of the Materials. The Materials may contain technical inaccuracies and typographical errors and Toloka reserves the right to correct such errors at any time.

4.3 Some of the Materials may be owned by third parties (“Third Party Materials”). You agree that all of the terms and conditions of these Terms relating to the Site apply to your access to and use of any Third Party Materials and you further agree to comply with any terms and conditions that are specific to the Third Party Materials, including the terms and conditions specified under these Terms. Toloka is not responsible, and assumes no liability, for any Third Party Materials.

4.4 If you make any information, data or content available to Toloka on or through the Site, including by contacting us, or providing comments or ideas on or about our Site (“User Content”), you are deemed to grant Toloka a non-exclusive, transferable, sub-licensable, irrevocable, royalty-free, perpetual, worldwide license to store, use, copy reproduce, modify, adapt, edit, translate, publish, perform and display any such User Content that you make available on, through, or in connection with the Site without any payment or restriction. You are solely responsible and liable for any User Content you make available on or through the Site.

5. LINKS TO OTHER WEBSITES

5.1 The Site may contain links to websites owned and operated by third parties. These links are provided to you only as a convenience and their presence on the Site does not imply endorsement by Toloka of such website or of any association with such websites’ operators. Toloka makes no representations whatsoever about any other website you may access through the Site.

5.2 We strongly encourage you to become familiar with the terms of service and/or terms of use and practices of any linked website. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Site or other sites) is free of items such as viruses, worms, trojan horses, defects, time bombs, date bombs, and other items of a harmful nature. Any concerns regarding products or services offered by a website to which the Site is linked or the link itself should be directed to the operator of that specific website and not the Site.

6. COPYRIGHTS, TRADEMARKS, AND PATENTS

6.1 All software and Materials on the Site, such as text, graphics, logos, button icons, images, audio clips, video clips, and software, is owned or licensed by Toloka or its software and content suppliers and licensors. Such software and Materials is protected by Canadian, United States, and/or international copyright laws.

6.2 The collection, arrangement, and assembly of all Materials on the Site is the exclusive property of Toloka and protected by applicable copyright laws.

6.3 Toloka grants you permission to view and use Materials and software made available to you on the Site in connection with your use of the Site only. Any other use, including, without limitation, the reproduction, modification, distribution, transmission, republication, display, or performance, of the Materials or software on the Site is strictly prohibited. Toloka and its affiliates, subsidiaries, suppliers, and licensors expressly reserve all intellectual property rights in all text, products, technology, content, and all other material that appears on the Site. Accessing the Site does not confer and shall not be construed as conferring upon you or anyone else any license to Toloka or any third party’s intellectual property rights.

6.4 The Site may contain additional proprietary notices and copyright information, the terms of which must be observed and followed.

6.5 The names, trade names, logos, service marks, trademarks, and trade dress (collectively, “Trademarks”) on the Site are registered and unregistered trademarks of Toloka, its affiliates and other parties. Use of the Site in no way grants any license or right to use any Trademark displayed on the Site. Toloka, its affiliates and licensors, require prior written approval for the use of any Trademarks, as part of a link to or from any website. Toloka, its affiliates and licensors also require prior written approval to use the Toloka Logo, Toloka name, and any other Toloka related marks in any form of advertising or any other public use.

7. PERSONAL INFORMATION

7.1 We collect your personal information in order to provide products and services to you, to communicate with you, to enhance our products, services, and operations, and for other operational, legal and compliance purposes. Below are some examples of personal information we collect:

 

  • Identification information that can be used to identify you, such as your name, alias, address, phone number, or email address. We may also collect online identifiers, such as your IP address, when you browse our websites or use our applications. We may collect government-issued ID for certain types of transactions — but please provide government-issued ID information only if we ask you to.
  • Transactional or commercial information, such as products or services you purchased or considered purchasing. We may also collect your payment card information when you complete a transaction.
  • Online activities information, such as browsing history, search history, and other information when you interact with our websites, applications, and advertisements.
  • Geolocation data, including precise geolocation data if you allow our application to collect it.
  • Audio, electronic, or visual information, such as audio or video recording when you call us or when you come to our stores, but please note we may not be able to associate such recordings with you.
  • Demographic information, such as age, gender and family status.
  • Inferences or preferences we learn or infer about you.
  • Other information about you, such as professional or employment-related information, or education information, when you provide us the information in a survey.
  • We do not knowingly collect or disclose personal information from youth or children under the age of 18 without parental or guardian consent. If a youth or child under the age of 18 has provided us with personally identifiable information, we ask that a parent or guardian contact us so that the information can be deleted.

8. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

8.1 CONSUMER PROTECTION LAWS IN QUÉBEC PROHIBIT ANY STIPULATION THAT WOULD RELIEVE A MERCHANT FROM THE CONSEQUENCES OF HIS OR HER OWN ACTION. IF YOU ARE A QUÉBEC CONSUMER, TO THE EXTENT PROHIBITED UNDER QUEBEC LAW, THIS SECTION 8 DOES NOT APPLY TO YOU TO THE EXTENT THAT IT WOULD RELIEVE Toloka OR ITS REPRESENTATIVE(S) OF LIABILITY FOR ANY ACTION OF Toloka.

8.2 YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE SITE AND THE INTERNET IN GENERAL. THE SITE, THE MATERIALS, ANY CONTENT, AND ALL PRODUCTS AND SERVICES OFFERED THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, TOLOKA, ALL OF TOLOKA SUBSIDIARY, PARENT, OR RELATED COMPANIES, CALL CENTERS, AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AGENTS, AND REPRESENTATIVES DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS IN CONNECTION WITH THE SITE AND ANY CONTENT, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

8.3 TOLOKA AND ITS LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, AND REPRESENTATIVES DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE, SOFTWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT BY TOLOKA, OR TOLOKA LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS, OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY.

8.4 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT TOLOKA SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR: (1) ANY UNAUTHORIZED ACCESS TO OR USE OF SERVERS ON WHICH THE SITE IS HOSTED AND/OR ON WHICH ANY OF YOUR PERSONAL INFORMATION STORED THEREIN; (2) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (3) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS, OR OTHER ITEMS OF A HARMFUL NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY A THIRD PARTY; AND/OR (4) ANY ERRORS, MISTAKES, INACCURACIES, OR OMISSIONS IN ANY MATERIALS, OR FOR ANY LOSS OR DAMAGES OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. TOLOKA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY HYPERLINKED SITE.

8.5 YOU AGREE THAT TOLOKA AND ITS AFFILIATES, PARENTS, AND SUBSIDIARIES WILL NOT BE RESPONSIBLE OR LIABLE FOR DAMAGES OF ANY KIND ARISING OUT OF YOUR USE OF THE SITE, INCLUDING, WITHOUT LIMITATIONS, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, AND DAMAGES RESULTING FROM THE LOSS OF USE, DATA, PROFITS, OR BUSINESS INTERRUPTION ARISING FROM OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE. THIS ALSO INCLUDES DELAYS IN BEING ABLE TO USE THE SITE, THE INABILITY TO USE THE SITE, OR ANY PORTION THEREOF, OR ANY HYPERLINKED SITE, WHETHER BASED ON TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF TOLOKA AND/OR ITS SUBSIDIARIES AND AFFILIATES WERE AWARE OR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS.

9. INDEMNIFICATION

9.1 You agree to indemnify, defend, and hold harmless Toloka, its subsidiaries and affiliates and their respective employees, attorneys, assigns, successors-in-interest, contractors, vendors, suppliers, licensors, licensees, and sublicensees, from and against any and all claims, damages, causes of action, costs (including reasonable attorneys’ fees), and other expenses that arise directly or indirectly out of or from: (1) your actual or alleged breach of these Terms; (2) any allegation that any content or other material you have submitted or transmitted to the Site infringe, misappropriate or otherwise violate the copyright, trademark, trade secret, or other intellectual property rights of any party; and/or (3) your activities or omissions in connection with the Site.

10. DISPUTE RESOLUTION

10.1 Toloka makes no representation or warranty that Materials on the Site are appropriate or available for use in any particular jurisdiction.

10.2 You agree that these Terms and your use of the Site will be governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein. Any controversy, dispute or claim shall, if not settled by direct negotiation between the parties, be subject to non-binding mediation.

10.3 You agree to waive, to the fullest extent allowed by applicable law, (i) any claims for punitive or exemplary damages and (ii) except with respect to consumers in the Province of Quebec to which such waiver does not apply, any right to pursue claims on a class or consolidated basis or in a representative capacity, which relate in any way to the Site or these Terms.

 

11.PURCHASES AND PAYMENT

11.1 We accept the following forms of payment: _______________________. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. 

 

11.2 You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. 

 

11.3 Toloka reserves the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

 

11.4 Toloka reserves the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. 

 

  1. RETURN/REFUNDS POLICY AND PRODUCT WARRANTY

12.1 All sales are final and no refund will be issued.

12.2. Toloka may provide clients with a warranty for products purchased at the Website AND installed by Toloka employees. The duration, conditions of the warranty and other details will be provided to clients depending on the type of the purchased products. 

13. MISCELLANEOUS

13.1 Toloka reserves the right to modify or replace the Terms. Should Toloka wish to modify or replace these Terms, at any time and without notice to you. Toloka may post a notification on the Site or in the Terms that the Terms of have changed. You are responsible to review the Terms to ensure you are familiar with any such changes. If you use the Site after receiving notice of any such modification or replacement, you are deemed to have read and are indicating your acceptance of, and you agree to be bound by, the modified or replaced terms of use, which modified or replaced terms of use shall be the Terms.

13.2 You agree that information related to your use of the Site may be subject to legal process. Information and data that you submit to Toloka through the Site may be subject to legal process (e.g., a subpoena) by Toloka or a third party or government entity, even if that information has been deleted and only exists in backup form. You acknowledge and understand that Toloka will comply with all applicable legal obligations in making such information available pursuant to valid legal process. You acknowledge and agree that Toloka may not have an obligation to give you notice of any legal process that may result in any information related to your use of the site being produced, discovered, or otherwise disclosed.

13.3 Toloka’s performance of these Terms and any other policy contained on the Site is subject to existing and future laws and legal process. Nothing in these Terms is in derogation of Toloka’s right to comply with law enforcement requests or requirements relating to your use of the Site or information given to or gathered by Toloka with respect to such use.

13.4 You agree that no joint venture, partnership, employment, or agency relationship exists between you and Toloka as a result of these Terms or your use of the Site.

13.5 Any rights not expressly granted to you herein are reserved by and to Toloka, its affiliates, subsidiaries, and licensors, and other third parties.

13.6 These Terms and the applicable terms of sale constitute the entire agreement between you and Toloka with respect to the subject matter thereof. The Terms supersede all prior or contemporaneous communications and proposals, whether written, oral, or electronic, between you and Toloka with respect to the Site.

13.7 Any actual or alleged waiver by Toloka of any actual or alleged breach of the Terms by you shall not be deemed to be a waiver of any future breach.

13.8 If any part of these Terms is found to be invalid or unenforceable under applicable law, you agree that the invalid or unenforceable provision will be superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue to govern your use of the Site.

13.9 If you have any questions about the Terms, or need to provide notice to, or communicate with, Toloka under these Terms, please contact Toloka by clicking Contact Us, or by delivery in person, by courier or by the mail, to Toloka at 43 Bridlecrest Blvd SW, Calgary, AB T2Y 4X9, Canada. Toloka may provide notices or communications to you on the Site and you agree that such notices shall constitute notice to you whether or not you actually access the notice.

13.10 These Terms are personal to you, and are not assignable, transferable, or sublicensable by you except with Toloka’s prior written consent. Toloka may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.