Brandt Group of Companies Mobile Terms and Conditions
PLEASE READ THIS AGREEMENT CAREFULLY. BY DOWNLOADING THE LEADHAND MOBILE APPLICATION OR ANY OTHER BRANDT (AS DEFINED HEREIN) MOBILE APPLICATION OR SOFTWARE (COLLECTIVELY REFERRED TO AS THE “
APPLICATION”) OR BY USING THE APPLICATION IN ANY WAY, YOU HAVE ENTERED INTO A LEGALLY BINDING AGREEMENT WITH the Brandt Group of Companies which consists of Brandt Tractor Ltd., Brandt Industries Ltd., BRandt INDUSTRIES CANADA LTD., BRANDT INDUSTRIES USA LTD. and any partnerships, joint ventures or other business organizations controlled by or comprised of any of the foregoing (collectively referred to as “
Brandt”). BY DOWNLADING, ACCESSING, AND OTHERWISE USING THE APPLICATION, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENTAS THIS AGREEMENT EXISTS FROM TIME TO TIME. BY DOWNLOADING, ACCESSING AND OTHERWISE USING THE APPLICATION OR THE SERVICES YOU AGREE TO ALL TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT AND ALL FUTURE AMENDMENTS OR CHANGES HERETO. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MAY NOT DOWNLOAD, ACCESS OR OTHERWISE USE THE APPLICATION AS BRANDT WILL NOT PROVIDE YOU WITH THE LICENCE, AUTHORITY, OR ITS CONSENT TO USE THE APPLICATION. WRITTEN ASSENT IS NOT A PREREQUISITE TO THE VALIDITY OR ENFORCEABILITY OF THIS AGREEMENT. KEEP A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
In this Agreement, “
You” refers to the customer or end user of the services and products provided through the Application and the “
Services” refers to the services and products provided to You through the Application from time to time. The Services transacted through the Application are licensed, not sold, to You from Brandt for use only under the terms of this Agreement. Brandt reserves all rights not expressly granted to You. It is explicitly acknowledged by You and Brandt that this Agreement is between You and Brandt only, and not with any other third party, and that Brandt is solely responsible for the Application and the contents thereof.
1. Grant of License: The license granted to You by Brandt relating to the Application and the Services is limited to a non-exclusive, non-transferable license, without sublicense rights, to use the Application and the Services on any mobile device that You own or control or in any other manner as expressly permitted by Brandt (“
Device”) and as permitted by the applicable usage rules applicable to such Device (the “
Usage Rules”).
2. License Restrictions: This Agreement does not allow You to use the Application on any Device that You do not own or control or operate contrary to any applicable Usage Rules. You may not distribute or make the Application or the Services available over a network where it could be used by multiple Devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Application or the Services. You may not copy (except as expressly permitted by this Agreement and applicable Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, reproduce, or create derivative works of the Application, any updates, or any part thereof, except as and only to the extent any foregoing restriction is prohibited by applicable law and You shall not use the Application or the Services in violation of any applicable law, rule or regulation (“
Restricted Uses”). Any Restricted Use, whether actually occurred or attempted, by You is a violation of the rights of Brandt and is a breach of this Agreement. You shall not permit any third party to perform any of the Restricted Uses and You shall be responsible for all damages and liabilities incurred as a result of such persons use of the Restricted Uses. By using the Services and the Application, You acknowledge and agree that any Restricted Uses, whether actually occurred or attempted by You, may subject You to prosecution and damages from Brandt or a third party. The terms of this Agreement shall remain in force regardless of any future Brandt upgrades, amendments, or changes to the Services or the Application as may be made from time to time in Brandt’s sole discretion.
3. Change of Application or Services: You acknowledge and agree that Brandt may amend, remove, delete, or otherwise change the Application or the Services in any manner whatsoever in its sole discretion, for whatever reason, without Your consent or without notice to You. You agree that Brandt shall not be liable to You for any damage, cost, or expense that You may incur related to any such amendment, removal, deletion or other change to the Application or the Services.
4. Consent to Use of Personal information and Data: By using the Application and the Services, You agree and consent to Brandt’s collection, use and storage of Your personal information and technical data. You agree that Brandt may use automatic means to collect, store, and use Your technical data, personal information and related information, including but not limited to technical information about Your Device, Your use of the Application, and peripherals that are gathered periodically to facilitate the provision of software updates, product support and other services related to the Services and the Application to You. Brandt may also require You to provide, and You shall agree to provide, certain information as a condition to downloading, installing, or using the Application or the Services. All information provided by You and collected by Brandt through or in connection with the Application is subject to Brandt’s Privacy Policy located at its website:
https://www.brandt.ca/Our-Company/Privacy-Policy (the “
Privacy Policy”). By downloading, installing and using the Application and the Services, You consent to all actions taken by us with respect to Your personal information and data and consent and agree to the terms and conditions of the Privacy Policy as they exist from time to time.
5. Termination: Without prejudice to any payment obligations or other obligations You may owe to Brandt, You may terminate this Agreement at any time by uninstalling the Application and cease using the Services. Brandt may immediately terminate this Agreement in its sole discretion, at any time and for any reason without prior written notice to You. Your rights under this Agreement will terminate automatically without notice from Brandt if You fail to comply with any term(s) of this Agreement, the Privacy Policy, or if You breach any other agreement, lease, or license between You and Brandt. Upon termination of this Agreement, You shall cease all use of the Application and the Services, and destroy all copies, full or partial, of the Application.
6. Third Party Services: The Application and the Services may enable You access to third party services and websites (collectively and individually, "
Third Party Services"). By using the Application and the Services or by using any Third Party Services, You agree and accept any additional terms of service relating to the Third Party Services. You acknowledge and agree that by using any of the Third Party Services You may encounter content that may be offensive, indecent, or objectionable, and You agree to use the Third Party Services at Your sole risk and that Brandt will not have any liability to You for any content, whatsoever, related to or found on the Third Party Services. By using the Application and the Services, You acknowledge and agree that Brandt is not responsible for the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Services. You agree to indemnify and save harmless Brandt from any damage, loss, liability, or cause of action You may incur related to Your use of the Third Party Services. Third Party Services and links to other websites are provided solely as a convenience to You.
7. Assumption of Risk: By using the Application and the Services you agree to use the Application and the Services at your own risk and you accept all risk, liability, and damages, including, without limitation, any personal injury, death, or damage to personal property, that may occur to you or any other person relating to the use of the Application and the Services. You acknowledge and agree that Brandt will not be liable for any damage, liability, claim, loss or other action whatsoever for you or any other person’s use of the Application and the Services including, without limitation, any personal injury, death or damage to personal property that has occurred from the use of the Application and/or the Services. By using the Application and the Services, You agree that You shall indemnify and save harmless Brandt from any and all claims, losses, liability, damages or other actions whatsoever from you or any other third party relating to the Application or the Services. You acknowledge and agree that Brandt does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for the Application, the Services, any Third Party Services, third party materials, or for any other materials, products, or services provided by third parties.
8. Use of Location Data: The Application and the Services may use, collect, and/or store Location Data relating to your use of the Application and the Services. If Location data is used by by the Application and the Services such use is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, time-delayed, inaccurate, or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Brandt, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information, location data, or any other data or information displayed or provided by the Application and the Services. You hereby agree to indemnify and save harmless Brandt from any and all damages, liability, costs, expenses, or causes of action caused by any act, omission, or negligence by You related to Your use of the Location Data provided in the Application or by the Services.
9. Submission of Information: When using the Application and the Services, You may be required to collect and submit information, content, or data for Your use of the Application or the Services (“
Submitted Materials”). You expressly acknowledge that You have the right to provide Submitted Materials to Brandt, and are responsible for the accuracy of Submitted Materials and compliance with any applicable laws regarding the Submitted Materials. Your submission of Submitted Materials may allow You to access information, content, or data (“
Accessed Materials”) related to Submitted Materials. To the extent You choose to access Accessed Materials, You do so at Your own initiative and risk, expressly acknowledge that You have the right to access Submitted Materials, and are responsible for compliance with any applicable laws relating to Accessed Materials.
10. Intellectual Property: You agree that Brandt retains all ownership rights in and to the Application and the Services, and all intellectual property rights incorporated into or related to the foregoing. You agree that the Application and the Services contain proprietary content, information and material that is protected by applicable intellectual property laws and other laws, including but not limited to patent, trademark, and copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services and the Application in accordance with the terms of this Agreement and in any other manner as determined by Brandt in writing. You shall not reproduce any portion of the Services or the Application in any form or by any means. You shall not modify, rent, lease, loan, sell, distribute, or create derivative works based on the Application and the Services, in any manner, and You shall not exploit the Services or the Application in any unauthorized way whatsoever. You shall not use the Application or the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other person, and You further agree that Brandt is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the Services, the Application or accessing Third Party Services.
11. Availability of Services: You acknowledge and agree that the Services and the Application may not be available in all languages or in all countries. Brandt makes no representation or warranty that the Application or the Services are appropriate or available for use in any particular location. To the extent You choose to use or access the Application or the Services, including, without limitation, any the Third Party Services and any third party materials, You do so at Your own initiative and risk and are responsible for compliance with any and all applicable laws. Brandt reserves the right to immediately change, suspend, remove, or disable access to the Application or the Services at any time without notice to You and for any reason. In no event shall Brandt be liable to You for any damage resulting from the removal of or disabling of access to the Application and the Services. You agree that Brandt may also impose limits on the use of or access to the Application or the Services, in any case and for any reason, without notice to You or without any liability to You.
12. Compliance with Third Party Terms: You shall comply with any and all applicable third party terms of agreement when using the Application and/or the Services including, without limitation, the terms and conditions of any Usage Rules relating to Your Device or Your applicable wireless data service agreement.
13. No Warranty: You expressly acknowledge and agree that the use of the Application and the Services is at Your sole risk and liability. Brandt makes no representations or warranties whatsoever to the satisfactory or merchantable quality, performance, and accuracy of the Application and/or the Services. You agree that the Application and the Services are provided and performed “as is” and “as available”, with all faults and without any warranty by Brandt of any kind. Brandt hereby disclaims all warranties and conditions with respect to the Application and the Services, either expressed, implied or statutory, including without limitation to the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. Brandt does not warrant against interference with Your enjoyment of the Application or the Services, or that the Services or the Application will meet Your requirements or expectations. Brandt provides no warranty or representation to You that use of the Services and the Application will be uninterrupted or error free, or that defects in the Application or Services will be corrected at all or in a timely manner. You agree that no oral or written information or communication given by Brandt or its representatives shall create any warranty relating to the Application or the Services.
14. Technical Support Services: Applicable technical support services may be provided by Brandt to You in accordance with Brandt’s software support policies as they may exist from time to time. By using the Application and the Services, You agree and acknowledge that Brandt does not guarantee access to any support services, and that You use the Application and the Services at Your own risk with no liability to Brandt.
15. Indemnity: You shall indemnify and save harmless Brandt from any and all actions, liabilities, costs, expenses, claims and any and all damages whatsoever, from You or any third party that arises in relation to the use or misuse of the Application and the Services by You or any of Your representatives, agents or assigns.
16. Limitation of Liability: Under no circumstances and under no legal theory, whether in tort, negligence, contract or otherwise, You agree that Brandt shall not be liable to You under this Agreement or in connection with its subject matter for any indirect, special, incidental, punitive, exemplary, consequential or extra-contractual damages of any kind, including, without limitation, damages for loss of profits, loss of data, damages due to work stoppage, computer or mobile phone failure or malfunction, business interruption or any other commercial damages or losses, arising out of or related to Your use or inability to use the Application or the Services, however caused. Regardless of whether the claim for such damages is based in contract, tort, and/or any other legal theory, in no event shall Brandt’s liability to You for direct damages exceed the amount of total fees paid or payable by You to Brandt for the Application or the Services. You agree to the limitation of liability in this section and acknowledge that the fees charged to You in relation to the Application and the Services, if applicable, are in contemplation of the limitation of liability in this section.
17. Limitation of Use: You may not use or otherwise export or re-export the Application or the Services except as authorized by the laws of the Province of Saskatchewan or the laws of Canada, as applicable. By using the Application and the Services, You agree that You will not use the Application or the Services in any way that is contrary to any applicable law, including any law relating to intellectual property rights.
18. Confidential Information: You agree that all trade secret information and other information incorporated into, derived, or directly or indirectly from, the Application and the Services is confidential information of Brandt or the third party provider (“
Confidential Information”). You shall keep all Confidential Information in confidence and trust and not disclose to any person or disseminate or permit any person, employee, agent, representative or other party under Your direction to disclose or disseminate the substance of any Confidential Information. The commitments in this Agreement will not impose any obligations on You with respect to any portion of the Application or the Services which are made publicly available by Brandt. You acknowledge and agree that monetary damages may not be a sufficient remedy for unauthorized disclosure or use of Confidential Information and Brandt may seek, without waiving any other rights or remedies, such injunctive or equitable relief as may be deemed proper by a court of competent jurisdiction.
19. Third Party Copyright: The copyrights for certain portions of the Application and the Services may be owned by third parties and used under and distributed under separate licenses and may not be subject to the terms and conditions of this Agreement.
20. Applicable Laws: This Agreement will be governed by and construed in accordance with the laws in force in the Province of Saskatchewan, Canada.
21. Language: The parties acknowledge and agree that they have required that this agreement be prepared in the English language. Les parties reconnaissent avoir exigé que les présentes soient rédigées en langue anglaise.
22. Contact Information: You may contact Brandt by emailing AgService@brandt.ca.
23. Severability: In the event that any provision of this Agreement conflicts with governing law or if any provision is held to be null, void or otherwise ineffective or invalid by a court of competent jurisdiction such provision shall be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law and the remaining terms, provisions, covenants and restrictions of this Agreement shall remain in full force and effect.
24. No Waiver: No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
25. Entire Agreement: This Agreement constitutes the entire agreement between You and Brandt with respect to the subject matter hereof and supersedes all prior agreements or communications between You and Brandt.