Terms and Conditions

The Metal App > Terms and Conditions

Welcome to The Metal App.

These terms and conditions outline the terms, rules, conditions and regulations for the use of The Metal App website, located at www.themetalapp.com, and The Metal App mobile application, located on all mobile application stores worldwide, facilitated by Triple3JSolutions Inc.

By using our website and mobile application you are deemed to have read, understood and expressly agreed to the following Terms and Conditions which shall be binding on you:

  1. GENERAL:

These Terms and Conditions (hereinafter called ‘T&Cs’) govern the use of the services provided by Triple3JSolutions Inc. through its website and mobile application to its Users.

These T&Cs of use and any additional terms posted on our website and mobile application from time to time together constitutes and represents the whole agreement and understanding between Triple3JSolutions Inc. and the persons/Users who avail themselves, and or use, our services.

All terms refer to the offer, acceptance and consideration of payment, if any, necessary to undertake the process of assistance to Users in the most appropriate manner, for the express purpose of meeting the User’s needs in respect of provision of our stated services, in accordance with and subject to, prevailing Canadian Laws.


To avail yourself of our services you are expressly expected to follow and comply with the terms, rules, regulations and conditions contained herein.

  • DEFINITIONS
  • References to “Our”, “Ourselves”, “We” or “Us” in these T&Cs, our Privacy Policy, inclusive of the policy contained in Clause 14, the Disclaimer Notice in Clause 27, and any or all Agreements, are to the services offered on our website and mobile application and Triple3JSolutions Inc.
  • References to “User”, “Metal Profile”, “Subscriber”, “You”, “Your” and “Yourself” refers to you, the person or the user accessing our website and or mobile application to avail of the services as offered by Triple3JSolutions Inc. and accepting our T&Cs. These terms “User”, “Subscriber” “You” etc. shall also mean “Originator”.
  • References to the “site” or “mobile app” in these T&Cs are to this website, and the mobile application, and its contents.
  • References to “Party”, “Parties” or “Us” are to the Users, and to Triple3JSolutions Inc. or either the User or Triple3JSolutions Inc.
  • A “dispatch” of an electronic record occurs when it enters a computer resource outside the control of the originator.

Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to the same.

PLEASE READ THESE Terms & Conditions CAREFULLY.

By accessing, browsing or using this site, and or our mobile application, and the services offered therein, you unconditionally accept, without limitation or qualification, the T&Cs as set forth herein. Further, by accessing any of the sub-sites (whether belonging to an associate of Triple3JSolutions Inc. or otherwise) through the site, then such sub-site may have its own terms and conditions, which are specific to such sub-site.

In the event that any of the T&Cs herein conflict with any additional terms or other terms contained within any other document of Triple3JSolutions Inc., then these T&Cs shall prevail.

  • SITE CONTENTS AND PROPRIETARY RIGHTS
  • Unless otherwise specified, the Services are only for your personal and noncommercial use.
  • All materials of the Triple3JSolutions Inc., including but not limited to text, images, photographs, graphics, audio, video, software, icons or other materials (the “Content”) which belong to Triple3JSolutions Inc. are protected under international copyright laws and conventions, and all other applicable Canadian laws, with amendments, rules and regulations. You shall not use the Content for any purpose, except as specified herein.
  • You acknowledge and agree that you shall not transmit, distribute, show, exchange, modify, sell, upload, post, reproduce, copy, mirror, frame, republish, download, store (in any medium), up-load to a third party, adapt or change in any way this Content or the services that is/are protected by copyright or other proprietary right of a third party, or create derivative works of the Content or the Services for any business, commercial or public purpose, without the express written authorization of Triple3JSolutions Inc., except to the extent that such copying/ printing is necessary for the purposes of availing of the services on the site.
  • There are proprietary logos, service marks and trademarks on this site either owned/used by Triple3JSolutions Inc. or any other third party(ies). By displaying them on this site, Triple3JSolutions Inc. is not granting any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Content by you may violate the extant copyright laws, trademark laws, the laws of privacy and publicity, leading to personal liability along with civil and criminal action against you.
  • This prohibition does not extend to materials on this site which are expressed to be freely available for re-use or replication, subject to any conditions we specify; or to any fair dealing for the purposes of private study or research.
  • You agree to abide by all instructions provided on this site regarding the way you may use the Content.
  • Upon you agreeing to comply with these T&Cs, you shall be granted a nonexclusive, non-transferable, limited right to enter; view and use this site.
  • PROHIBITED CONDUCT
    • You shall not interrupt or attempt to interrupt the operation of this site in any manner whatsoever.
  • You agree not to use the services we provide via the site to:
    • Transmit any information or do anything that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
  1. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  1. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the services;
  1. Transmit any information that you do not have a right to transmit or which infringes another’s rights;
  • Carry out any activity which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world;
  • Carry out any activity which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
  • Interfere with or disrupt the Services, servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; or collect or store personal data about other users; or
  • Transmit content:
    • Which exploits children under 18 years of age;
  • Which infringes or violates any copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property right of any third party;
  • Which promotes mail fraud, multi-level marketing (pyramid) schemes or other illegal or fraudulent activities;
  • Which posts or discloses any personally identifying information or private information about any third parties without their express consent;
  • That has been promoted through the sending of spam or mail fraud schemes, or pages that promote or condone the sending of spam. The sending of the same will result in an immediate suspension of the Services availed by you and the deletion of your Metal profile.
  • That is or contains links to nudity, pornography, adult content, materials with sex or foul language.
  • PREMIUM ACCESS

Access to certain features on our website and our mobile application is available ONLY upon a registered user paying an amount specified, and as contained on our fees page, for premium access.

Payment for premium access is nonrefundable, however, you can cancel at any time if you do not wish to access our premium services anymore.

Upon cancellation of your subscription for our premium services, you shall be denied access to such services and be allowed access to our services available only to free users.

  • REGISTERED USERS/METAL PROFILES

Access to certain areas of the website and our mobile application is available ONLY to registered Users/Metal Profiles. To become a registered User, you expressly undertake to provide only correct and valid information/details to answer certain questions while requesting for our services under this T&Cs.

Answers to such questions or information/details required may be mandatory and/or optional. You represent and warrant that all information/details you supply to us, about yourself, are true and accurate and you shall not misrepresent any facts.

You hereby provide YOUR CONSENT to Triple3JSolutions Inc., to share the information provided by you with our service providers and their sub-website(s), and others registered users of our site, strictly for the purpose of providing our services under this agreement.

At any time during or after submitting your application for registration, if Triple3JSolutions Inc. has reasons to believe the information/details supplied by you to be unauthorized, untrue or false, Triple3JSolutions Inc., in its sole discretion, shall have the right to take any steps against you, including deleting of your profile and cancellation of the services paid for, if any, etc. without any prior information to you. In such an event, Triple3JSolutions Inc. shall not be responsible or liable for any loss or damage that may be caused to you as a consequence of such cancellation of the relevant services.

  • USER/SUBSCRIBER RESPONSIBILITY

When you apply to use our Services, you will be asked to enroll/register by following a guided process and then be issued login credentials (Login ID and Password).

The login credentials are the means through which you access our services on the site and mobile application. You acknowledge and agree that it is your responsibility to safeguard your login credentials from any unauthorized use and to ensure that the same is not revealed to any third party.

You are expressly required to immediately notify us if your login credentials is lost or becomes known to another person and you are solely responsible for all access to and use of this site with your login credentials and you shall not let any other person use your login credentials to interface with another registered user or subscriber of our services.

IT IS YOUR SOLE RESPONSIBILITY TO KEEP YOUR LOGIN CREDENTIALS SAFE AND SECURE AND NOT SHARE IT WITH ANYONE.
IN NO EVENT WILL TRIPLE3JSOLUTIONS INC. BE LIABLE FOR THE UNAUTHORIZED USE OR MISUSE OF YOUR LOGIN CREDENTIALS.

Subscribers are responsible for maintaining accurate account information at all times, including e-mail, phone number and other contact information. This information can be updated from time to time in your account panel.

The fees for our services, if any, is subject to change at any time. You should make sure you are aware of the fees for the services you are subscribing to before doing so. Triple3JSolutions Inc. reserve the right to, and may, cancel or discontinue your use of or access to the services without liability to for future services if you breach any of the terms in this T&Cs.

  • MONITORING SITE CONTENT
    • If you submit material to this site, you permit us, for any reason, to:
  1. monitor the content of this site, including your personal metal profile, chat rooms, chat communications with other metal profiles, electronic bulletin boards, forums and other communications facilities, to determine compliance with these conditions; and,
  1. Edit, refuse to post or remove any material submitted by you. However, we do not assume any obligation to monitor or censor materials.
    We reserve the right to host moderated or un-moderated forums or other web pages to which site users can post materials (“Forums”). We are not responsible for materials posted to Forums by third parties, whether or not we moderate those Forums; and or materials altered by us in moderating Forums; and or our removal of, or failure to remove, all or any part of those materials.
  • TERMINATION/PLAN CHANGE POLICY
    • We reserve the right and power to and may terminate the services availed to you and or delete your metal profile in the following circumstances (non – exclusive list):
  1. If you are in breach of any of these T&Cs;
  1. If your use of the services disrupts our business operations or affects any other party.
  1. If your account is reported by another user for breach of community rules.
  1. If required by law.
  • On termination of our services to you, your data will be erased from our site.
  1. RESERVATION OF RIGHTS
    1. We reserve the right and sole discretion to:
  1. Censor any Content on the site that is deemed inappropriate;
  1. Terminate any services if they result or may result in, or are the subject of, legal action or threatened legal action against Triple3JSolutions Inc. or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit;
  1. Terminate any Services at any time, with or without notice, for conduct that is in breach of this T&Cs, for conduct that we believe is harmful to our business or for conduct where the use of the Services is harmful to any other user or party;
  1. Cooperate fully with any law enforcement authority in any jurisdiction in respect of a lawful direction or request to disclose the identity or other information about anyone posting materials which the authority claims violates any applicable law;
  • Modify, suspend or terminate, temporarily or permanently, the access to the site and the related services or any portion thereof at any time, without notice, for general maintenance or for any other reason. This includes removing information transmitted by you to us. You agree that it may be necessary for us to temporarily suspend the Services for technical reasons or to maintain network equipment or facilities.

    • By submitting personal information via any of our forms on the site, you agree to be contacted (either by phone or email) by a representative of Triple3JSolutions Inc. or its associate / affiliate.
  1.  LIMITATION OF LIABILITY
    1. Our Services are provided on an “as is” and “as available” basis and the use of the Services is at your own risk. The Services will be provided to the best of our capabilities. However, the Services are subject to the correct and accurate information submitted by you and Triple3JSolutions Inc. shall not be liable for any consequences whatsoever arising from wrong, incomplete, inaccurate, misleading information provided by you. We make no representations or warranties, either expressed or implied, with respect to the Services, or any service or information provided through the Service. We are not responsible for any damages, injury or economic loss arising from the use of the content or Services provided by us.
  • Our Services are provided subject to and based upon the details and/or information as provided by you and other users/metal profiles. In case the details are inaccurate and do not comply with the Guidelines, Triple3JSolutions Inc. shall have no liability whatsoever.
  • We, our officers, directors, owners, agents, employees and Triple3JSolutions Inc. shall in no way be liable to you or anyone else for any direct, indirect, incidental or consequential damages or economic loss or injury resulting, howsoever arising, whether in contract, tort or otherwise from your use or inability to use our site and mobile application, or any of its contents, or from any action or omission taken as a result of using the Services or in connection with this site, any other services or products provided to you or any other website to which this site is linked. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
  1. Your reliance on the completeness, accuracy, suitability or currency of the site or its content (including information shared by other registered users/metal profiles, third party material and advertisements on this site), irrespective of any verifying measures taken by us. This site is designed for general interest only. It is not advice and you should not rely on it;
  1. Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
  1. Defamatory, threatening, offensive or unlawful conduct of third parties or our publication of any materials relating to or constituting such conduct.
  • Furthermore, Triple3JSolutions Inc. shall not be held liable for any damages or economic loss, whatsoever, as a result of notifying any official of potentially illegal content on site, or for providing copies of your data files to the appropriate authorities or cooperating with law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct.
  • However, nothing contained in the Clause shall exclude or limit our liability which cannot be excluded or limited under applicable laws.
  1.  INDEMNIFICATION

You agree to indemnify, defend and hold harmless Triple3JSolutions Inc. and/or its affiliates, their websites and their respective lawful successors and assigns from and against any and all losses, liabilities, causes of action, claims, demands, damages, costs and expenses, including reasonable legal fees and interest chargeable, brought by third parties as a result of:

  1. Any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to this agreement;
  • Violation of any law or rights of a third party by you; or
  • Use of this site by you. You shall be solely and exclusively liable for any breach of any country specific rules and regulations or general code of conduct and Triple3JSolutions Inc. cannot be held liable for the same.
  1.  CONFIDENTIALITY

Any information specifically mentioned by Triple3JSolutions Inc. as confidential shall be maintained confidentially and shall not be disclosed unless as required under any law to the appropriate authorities or to serve the purposes of these T&Cs and the obligation of the parties concerned.

  1.  PRIVACY POLICY

We are committed to protecting your privacy. Our Privacy Policy sets out our obligations with respect to the safeguarding, collection and use of the personal information of our Users.

Authorized employees, representatives and professionals will use any information collected from individual Users on a need to know basis only. We periodically review our systems and data to ensure the best possible service to our Users. We take appropriate steps to protect the information you share with us.

We have effective technology and security features and strict policy guidelines to safeguard the privacy of your personally identifiable information from unauthorized access, misuse and disclosure.

Triple3JSolutions Inc. will continue to reinforce its security procedures as advanced technology becomes available, to ensure that that its security procedures are compliant with current applicable regulations.

If our Privacy Policy changes in the future, it will be posted here and a new effective date will be shown. You should access our Privacy Policy regularly to ensure you understand our current policies.

Please, read through our detailed Privacy Policy on our website located at www.themetalapp.com/privacypolicy.

  1.  COOKIES

Our interactive website uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site for enabled functionality of this site.

  1.  THIRD PARTY ADVERTISEMENTS AND LINKS
    1. We may provide links to other websites for your convenience. We do not take responsibility or endorse the content of those websites and are not liable for their availability or for any loss or damage incurred by the use or non – use of such websites. You may access such websites at your own risk. Further, if you avail of any goods or services from such websites, your contract for the supply of those goods and services will be with the third party operating that website.
  • Certain parts of this site may contain advertising. We are not responsible for the content of any advertising material or any errors or inaccuracy in any advertising or sponsorship, which is the responsibility of the advertiser. We partner with third-party advertising companies to serve ads and/or collect certain information when you visit our website. These companies may use cookies or web beacons to collect non-personally identifiable information [not including your name, address, email address or telephone number] during your visit to this website in order to help show advertisements on other websites likely to be more interesting to you. You hereby provide your consent for the above arrangement.
  1.  TERMS OF TRADE

If you avail yourself of the Services from us through this site, the following conditions apply (in addition to, and to the extent these conditions are consistent with, any terms or conditions relating to the services appearing elsewhere on our web pages or otherwise the subject of an agreement between us):

  1. Your application for registration on our website and our mobile application is an offer to avail of the Services which we may accept, in whole or in part, by providing the same to you. Any acknowledgment of your application is only to confirm receipt of your transmission, notwithstanding that it might state or imply that your application has been accepted;
  • Where the Services offered through this site are supplied by third parties, we are an ordering intermediary only and are not responsible for those Services or their delivery;
  • Unless otherwise stated, the fees for premium services, where applicable, excludes any applicable service tax and delivery and insurance charges and are nonrefundable;
  • The provision of Services to you does not confer on you any intellectual property rights (such as marks, designs, copyright or patents) inherent in the Services supplied;
  • Services available through this site are subject to change at any time without notice. Listed Services may not be available immediately or at all.
  1.  CANCELLATION/TERMINATION POLICY

Both, the User and Triple3JSolutions Inc. have the right to terminate any Services for any reason, including ending of Services that are ongoing.

  1.  FORCE MAJEURE

We shall not be liable for any delay, interruption or failure in the provisioning of services caused by acts of God, declared or undeclared war, fire, flood, storm, slide, earthquake, power failure, the inability to obtain equipment, supplies or other facilities or other similar events beyond our control that may prevent or delay the provisioning of services.

  •  UNENFORCEABLE PROVISIONS

If any part of this T&Cs is found to be invalid or unenforceable under the applicable laws, such part will be ineffective to the extent of such invalid or unenforceable part only, without affecting the remaining parts of this T&Cs in any way.

  •  AMENDMENT

We may, in our sole discretion, change or modify this Agreement at any time, with or without notice. Such changes or modifications shall be binding on all Users / Tax Payers upon posting of the modified Agreement to the site. You are responsible to read this document from time to time to ensure that your use of the Services remains in compliance with this Agreement.

  •  AGE OF MAJORITY

Our services are not for persons below the legal age of 18 years. By submitting your account creation application, you confirm that you are over 18 years of age.

  •  WAIVER

No waiver of any of the provisions of this T&Cs will be deemed to constitute a waiver of any other provision nor shall such a waiver constitute a continuing waiver unless otherwise expressly provided in writing and duly executed by the us. By submitting your account creation application, you agree to waive any right(s) of action arising under contract, tort, or any law in force.

  •  ENTIRE TERMS AND CONDITIONS

This T&Cs, as may be updated from time to time and posted on the site, represents the complete terms, rules, conditions and understanding between us with respect to our services and supersedes any other written or oral agreement.

  •  NOTICES

You agree that, unless other instructions are posted on this site, any notices required to be given under these T&Cs will be deemed to have been given if delivered by email, or sent by registered mail or by courier to each of the parties in accordance with the most current contact information you have provided to us, and the contact information for Triple3JSolutions Inc. as posted on the site. All notices shall be effective upon receipt, except that email notices shall be effective upon transmission.

  •  GOVERNING LAW AND DISPUTE RESOLUTION
    • The rights and obligations of the parties pursuant to this Agreement are governed by the laws of Canada. For any dispute or difference, you irrevocably and unconditionally submit to the exclusive jurisdiction of the Courts in Canada.
  • You may be subject to other local, provincial or state and national laws in your country of residence.
  •  NO ADVICE GIVEN

If you require specific advice for your individual circumstances, consult an appropriate expert directly. Do not rely on the general material on this site. We will endeavor to assist you if you specifically inquire about matters in which we have expertise, but cannot accept any responsibility for doing this.

  •  DISCLAIMER NOTICE

THIS SITE AND ITS CONTENTS ARE FOR YOUR NONCOMMERCIAL AND PERSONAL USE ONLY. TRIPLE3JSOLUTIONS INC. MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENTS, DOES NOT ASSUME RESPONSIBILITY FOR OR
MONITOR CONTENT ON ANY PAGES/WEBSITES THAT ARE NOT PART OF TRIPLE3JSOLUTIONS INC., AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR PURPOSE RELATING TO THIS SITE AND/OR ITS CONTENT AND/OR ANY SITE TO WHICH IT IS LINKED ARE HEREBY TO THE FULLEST EXTENT PERMITTED BY LAW EXCLUDED. NO REPRESENTATIONS OR WARRANTIES ARE GIVEN AS TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION PROVIDED ON THIS WEBSITE, OR ANY SITE TO WHICH IT IS LINKED.

Triple3JSolutions Inc. shall not be responsible for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party as a result of or which may attributable, directly or indirectly, to your access and use of the Services and on account of your giving deliberately false and/or misleading information to avail yourself of our services. Entering our site and/or registration for Services, availing of the Services from this site will be taken as your understanding and acceptance of this disclaimer.