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MyCreds™ Digital Wallet End User Terms

  1. Introduction. These are the terms of use on which you may make use of the MesCertif™ | MyCreds™ Digital Wallet (the “App” as further defined below). Please read these end user terms carefully before you start to use the App. If new terms or conditions accompany any updates, upgrades, documentation and new functionality made available from time to time, then those new terms will apply. By using the App, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these MyCreds™ Wallet End User Terms (“Terms“), you are not authorized to use the App.
  2. Defined Terms.
    • “App” means the MesCertif™ | MyCreds™ Wallet, together with any updates, upgrades, documentation and new functionality made available from time to time.
    • “ARUCC” means the Association of Registrars of the Universities and Colleges of Canada – ARUCC, a not-for-profit entity which owns the App.
    • “Eligible User” is defined below in Section 3.
    • “Open Source Software” is defined below in Section 5.
    • “Personal Information” means information about an identifiable individual.
  3. Eligibility.
    • You are eligible to use this App if you have a credential provisioned by a participant in the ARUCC MyCreds Network (“Eligible User“).
    • By using the App, you represent and warrant that you are an Eligible User. If you are not (or no longer) an Eligible User, you must uninstall and not use the App.
    • You are responsible for maintaining the confidentiality of your account information, password and login. You are responsible for all uses of your account. You agree to immediately notify us of any unauthorized use of your account.
  4. Scope of License.
    • Subject to Sections 3 and 5, we grant you a revocable, non-exclusive, non-transferable right to use the App on a compatible mobile device.
    • You understand and agree that we may, at any time and without notice, upgrade, update, replace or discontinue the App and/or change these Terms. If you do not agree with any such changes, your sole remedy is to terminate these Terms and uninstall the App.
    • You must not distribute the App or make it available to any third party, including over a network where it could be used by multiple devices or end users at the same time. Unless otherwise specified by us, these Terms govern all versions of the App, including any upgrades or updates provided or made available by us.
    • You must not reverse-engineer, decompile, disassemble, attempt to derive the source code of, modify, copy or create derivative works of the App, any updates, or any part of the App (except to the extent that any such restriction is prohibited by applicable law).
  5. Open Source Software. The App may include open source software that is subject to one or more open source licenses (“Open Source Software“). Any such Open Source Software is licensed under its applicable license terms, and is not subject to the terms and conditions of this EULA unless otherwise specified. For a full list of Open Source Software used in the App, including third-party notices containing credits or attributions where required for the use or redistribution of such Open Source Software, please visit https://learn.mattr.global/licenses-mobile

Even where Open Source Software is governed by other license terms, the limitations of liability set out in Section 11 will continue to apply as between you and us, except to the extent that any such limitations are prohibited by applicable law.

  1. Intellectual Property Rights. We and our licensors (including MATTR Limited) own all rights, title and interest in the App. Nothing in this EULA operates to transfer or assign ownership of intellectual property rights, or confers on you any right, title or interest in or to any of our intellectual property rights or to any third party intellectual property rights.
  2. No Warranty. Use of the App is solely at your risk. The App is provided on an “as is” and “as available” basis, without express or implied warranties, guarantees or conditions of any kind. We and our licensors do not represent or warrant:
    • the accuracy, merchantability, non-infringement, or fitness of the App for any particular purpose;
    • the accuracy or completeness of any data, information or content (including any text, graphics, links or other items) contained in or made available through the App or through any platforms, including third party platforms, we use to communicate with you in relation to the App;
    • that the App will be updated or supported by us or our licensors at any particular frequency or any particular period of time, or that the App will support the creation and maintenance of backups;
    • that use of the App will be uninterrupted or error-free; or
    • that the App will be free of viruses, worms, denial of service attacks, or other harmful components or codes.
  3. Personal Information. If you provide or authorize the release, disclosure or sharing of your Personal Information during your use of the App, you consent to any such collection, use and disclosure of your own Personal Information, and you agree to obtain all necessary consents in relation to any Personal Information that is not your own. ARUCC and its service providers agree to comply with applicable privacy and data protection laws in the handling of all Personal Information. Our personal information handling practices are subject to ARUCC’s Privacy Policy.

ARUCC may collect, aggregate, and anonymize information or transactional data input or collected through the App, for the purpose of statistical analysis, data analytics, product improvement, benchmarking, policy, operations and other research, and for other business purposes, subject to the following:

    • All aggregated data will be stripped of identifiers (such as specific users, names or student numbers) that would identify specifics about individual users;
    • Aggregated data will not be traceable back to any specific users; and
    • ARUCC shall have rights hereunder to use, dispose of and own such anonymized and aggregated data at its discretion whether during or after the term of this agreement.
  1. Technical Matters. You, as an Eligible User, must use the appropriate software and hardware system capabilities according to system requirements, technical standards and specifications stipulated by ARUCC or its service providers from time to time. You will be responsible for your own software, hardware and internet connections to enable certain functionality of the App. Neither ARUCC nor its servicer providers shall bear any liability or otherwise be responsible for delays in the provision of the App occasioned by your failure to meet those technical requirements. You acknowledge and agree that ARUCC and its service providers disclaim all liability for all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to your own software, hardware or internet connections.
  2. Payment Terms. You agree to pay the fees payable for your use of the App, as invoiced by ARUCC (if any). If the full payment is not received by us or our payment provider, we may, in our sole discretion, suspend access to the App for non-payment.
  3. Limitation of Liability.
    • To the maximum extent permitted by law, ARUCC and its licensors or service providers will not be liable to you for any for any direct or indirect liability, loss, damage, cost or expense (including loss of profits, loss of revenue, business interruption, loss of savings, loss of information or data, or any indirect, special, incidental or consequential loss of any kind) arising out of or in connection with your access and use of (or inability to access and use) the App, whether in contract, tort (including negligence), equity, breach of statutory duty or otherwise, even if we or our licensors have been advised of the possibility of such damages.
    • If required under the terms of the store from which you download and install the App onto your mobile device, we will provide you with a refund of any fees paid for the App. Where applicable, any such refund is our sole and exclusive liability to you for any liability, loss, damages, costs and expenses (other than for any liability, loss, damage, costs and expenses that cannot be limited at law). The refund of fees in any other circumstances is at our sole discretion.
    • To the extent that the preceding limitations of liability are held to be invalid in whole or in part in relation to any liability, loss, damages, costs and expenses, then unless the following paragraph applies, our (and our licensors’) total liability to you for any such liability, loss, damages, costs and expense (other than to the extent they cannot be limited at law) will not exceed CAD $50.00.
  1. General Terms.
    1. Governing Law & Disputes. This Agreement is governed by the laws of the Province of Alberta, without regard to its conflict of laws rules. You agree that by entering into these Terms, you have attorned to the exclusive jurisdiction of the courts in the Province of Alberta for the resolution of any disputes related to these Terms.
    2. Assignment. You will not assign, transfer, encumber or otherwise dispose of any or all of the rights granted to you under these terms, without the prior written consent of ARUCC. We may assign this agreement to a third-party upon written notice to you.
    3. Language. These terms were originally written in English. A French translation is provided here for information purposes only. Legally, the English version prevails.
    4. Entire Agreement. These Terms, the applicable invoice, and any applicable privacy policy, technical support policy, or service level policy or other applicable policies, set out the entire understanding between the parties related to your access to and use of the App.
    5. Changes. On release of any updates, upgrades, documentation and new functionality made available from time to time, or material change in the App, we reserve the right to modify these terms and to impose new or additional terms or conditions. The then-current terms (including any modifications and additional terms and conditions if applicable) will be presented to you and will be effective immediately upon your acceptance of the terms and continued use of the App.
    6. Electronic Acceptance. These Terms may be agreed to by electronic acceptance.

End of Terms