This signed Application or Agreement and the terms and conditions listed here (collectively called the “Agreement”) between Gargle.com, a Delaware Corporation (“Company”), and the Customer identified on the Agreement signature page (“Customer”) and dated as of the date accepted by the Customer (the “Effective Date”) and lasting for the duration outlined in the Agreement (the “Term” ):
The Agreement is based on any past, present, and or future services provided by the Company to the Customer. Since the Services offered by the Company are unique and different from one another, the following terms and conditions apply as per the specific Services purchased and documented in the invoice provided by the Company. Other than the Common Terms & Conditions, additional conditions will apply based on the Customer’s purchase of the invoiced Services. The following terms and conditions are service-specific as per the Customer’s purchase of the services documented in the invoice.
Gargle Marketing Services – Canadian Terms and Conditions
This Agreement outlines the terms and conditions between Gargle Marketing Inc. (“Company”) and the Customer (“Customer”) for the provision of marketing services in Canada.
1. General Terms
1.1 Services Provided
The Company agrees to provide the marketing services (“Services”) as outlined in the Customer’s signed Agreement or invoice.
1.2 Modifications
The Company reserves the right to modify these terms and will notify the Customer of any changes. Continued use of the Services constitutes acceptance of the modified terms.
2. Billing and Payment
2.1 Fees
The Customer agrees to pay the fees for the Services as specified in the Agreement or invoice. All fees are in Canadian dollars and are subject to applicable taxes.
2.2 Payment Terms
Payments are due as per the schedule outlined in the Agreement. Late payments may incur interest charges and may result in suspension of Services.
3. Term and Termination
3.1 Term
This Agreement commences on the Effective Date and continues until terminated by either party with 30 days written notice.
3.2 Termination
Either party may terminate this Agreement with 30 days’ written notice. Upon termination, the Customer is responsible for payment of all fees for Services rendered up to the termination date.
4. Privacy and Data Protection
4.1 Compliance with PIPEDA
The Company complies with the Personal Information Protection and Electronic Documents Act (PIPEDA) and ensures the protection of personal information collected, used, or disclosed in the course of providing Services.
4.2 Consent
The Customer is responsible for obtaining all necessary consents for the collection, use, and disclosure of personal information provided to the Company.
5. Anti-Spam Compliance
5.1 Compliance with CASL
The Company complies with Canada’s Anti-Spam Legislation (CASL) in sending commercial electronic messages (CEMs). The Customer must ensure that any contact lists provided have obtained appropriate consent for receiving CEMs.
5.2 Unsubscribe Mechanism
All CEMs sent by the Company on behalf of the Customer will include an unsubscribe mechanism as required by CASL.
6. Intellectual Property
6.1 Ownership
All materials created by the Company for the Customer remain the property of the Company until full payment is received, after which ownership transfers to the Customer.
6.2 License
The Customer grants the Company a non-exclusive license to use the Customer’s trademarks and content solely for the purpose of providing the Services.
7. Limitation of Liability
The Company’s liability for any claim arising under this Agreement is limited to the amount paid by the Customer for the Services in the six months preceding the claim. The Company is not liable for any indirect, incidental, or consequential damages.
8. Governing Law
This Agreement is governed by the laws of the province in which the Customer resides and the federal laws of Canada applicable therein.
9. Dispute Resolution
Any disputes arising under this Agreement will be resolved through good faith negotiations. If unresolved, disputes will be submitted to binding arbitration in accordance with the applicable laws of the Customer’s province.
10. Entire Agreement
This Agreement constitutes the entire Agreement between the parties and supersedes all prior agreements and understandings, whether written or oral, relating to its subject matter.
Please review these terms carefully. If you have any questions or require further clarification, feel free to contact us.
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