Thank you for your interest in the website of Canadiansim (“Canadiansim“/”we“/”us“/”our” hereinafter). We welcome you/user/customer to our website (“Website” hereinafter)! This Website contains data including but not limited to software, plain text, audio and video clips, images, codes and other materials (collectively referred to as “Website Content” hereinafter), provided by Canadiansim for informational purposes only.
2. REGISTRATION, ACCOUNTS AND PASSWORDS
We are committed to maintaining the confidentiality, security, privacy and accuracy of your personal information. We consider your personal information to be information about you as an identifiable individual that is protected by law.
Following points will help you understand how your personal information is collected, used and disclosed when you access and use our Website,:
- Transactions and inquiries: You may be asked for personal information, such as your name, your address or e-mail address, phone number, payment information and in some cases permission to conduct a credit inquiry when you order a product or service online.
- Quality assurance: Canadiansim may capture, replay and analyze details of your Website visits to find site errors or issues and understand the impact that transaction failures have on business processes and to improve the operation of the Website.
- Contests and promotions: You have the option to take part in any contests or promotions Canadiansim runs to publicise and market our products and services. Canadiansim may ask for your consent to use your personal information when you enter certain competitions or campaigns in order to contact you about products or services you may find interesting.
4. RESTRICTIONS ON USE OF MATERIALS
Canadiansim grants you a limited non-exclusive, non-transferable license to use and display on your computer or other electronic access device, the Website Content for your own personal and non-commercial use only, provided that you do not modify the Website Content and that you maintain all copyright and other proprietary notices.
All of our Website Content is protected by copyright. The Website Content is: Copyright © of Canadiansim Inc. its affiliates and/or licensors/licensees. All rights reserved. Hence our Website Content is protected by Canadian and worldwide copyright laws and treaty provisions.
Except as provided herein, you agree NOT to publish, communicate, broadcast, retransmit, make derivative works of, reproduce, distribute, sell, or otherwise make available any of the Website Content obtained through the Website, including without limitation, by caching, framing or similar means, without the prior written consent of the respective copyright owner of such Website Content.
All trademarks and tradenames that include or incorporate the words “Canadiansim” and/or the CANADIANSIM logo (collectively, “CANADIANSIM Marks”) are the property of Canadiansim. To be more precise, Canadiansim is the sole owner of the CANADIANSIM Marks, with all other Canadiansim entities using them under license.
The names of any other companies, goods, or services mentioned on the Website may be trademarks of their respective holders. Without the express written consent of Canadiansim or the applicable trademark owner, you are not permitted to use any trademark that is displayed on the Website.
6. USE OF THE WEBSITE
You are not permitted to and prohibited from:
- using, enabling, facilitating, or permitting the use of the Website for any illegal activity, criminal or civil offense, intellectual property infringement, harassment (including obnoxious, intimidating, disruptive, or offensive calls or transmissions), or in a way that would violate any rule or policy of any Internet host, or that would interfere with Canadiansim’s network operations (including preventing others from using it in a way that is fair and proportionate);
- causing, permitting, encouraging, aiding or allowing/facilitating any transmission of unsolicited messages such as spamming or phishing;
- uploading or downloading, making accessible, posting, publishing, disseminating, receiving, retrieving, storing, linking to or otherwise reproducing, offering, distributing, enabling or providing access to information, software, content, files or other material which:
- is confidential or protected by copyright or other intellectual property rights without prior consent of the rights holder(s);
- is defamatory, discriminatory, violent, obscene, child pornography or hate propaganda;
- may be an invasion of privacy, impersonation, forging, appropriation of identity or unauthorized linking or framing; or
- is designed to assist users in defeating technological protection measures (like geoblocks, registration and any other anti-theft mechanisms) or in the fraudulent use of telecommunications or broadcasting services;
- using the Website for anything other than private, personal, family or household use (such as reselling, remarketing, transferring, sharing or receiving any charge or other benefit for the use of any Canadiansim product or service);
- reverse engineering or modifying or otherwise misusing any software, applications or programs used in connection with the Website (whether owned by or used under licence to Canadiansim) for any purpose including testing, making beta versions of software or research purposes; or changing/modifying, altering, or defacing/mutilating any of the trade-marks, or other intellectual property made available through the Website or using any intellectual property except for the express purpose for which such intellectual property is made available to you through the Website;
- creating or using software or malware containing any type of virus, Trojan horse, cancelbot, worm or other harmful or disruptive component or committing any act which may compromise the security of your Internet host in any way (including analyzing or penetrating a host’s security mechanisms); and
- using harassing or abusive language or actions, whether verbal, written or otherwise, directed at Canadiansim employees, suppliers, agents and representatives.
You are solely responsible for ensuring that your systems are able to use the Website.
We strongly recommend that you use an up to date Anti Virus and Anti Spyware along with a Firewall Software to ensure you are protected all the time while acceding our Website.
7. YOUR OBLIGATION IN CASE OF MINORS USING THE WEBSITE
If you authorize any minor to interact/use the Website, you shall be obligated to and be accountable for:
- any loss caused to you or others or your or other’s electronic gadgets including but not limited to computers, cell phones, tablets, systems, etc.;
- conduct of the minor(s) while online;
- minor’s access to and use of the Website; and
- outcomes of any mishandling of the gadget or misconduct on the Website by the minor.
You acknowledge that some of the areas of the Website or links to the Website or any advertisements thereupon, may contain material that is inappropriate for minors.
8. FORUMS AND CONTENT SUBMISSIONS
Canadiansim is not responsible for any loss, damage, or corruption that may occur to your User Website Content and Canadiansim bears no responsibility for maintaining the accuracy or confidentiality of your User Website Content.
If you are a minor, you must have permission from your parent or guardian to upload any User Website Content to a Forum. Canadiansim may request a parent’s or guardian’s email address from anyone who uploads any User Website Content to a Forum for the purpose of verifying with the parent or guardian that he/she has in fact given permission for such uploading. In the event that User Website Content is uploaded without permission, any or all uploaded User Website Content may be removed immediately and without notice to you.
When participating in a Forum, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated. Canadiansim cannot be responsible for the content or accuracy of any information, and will not be responsible for any reliance or decisions made based on such information. When using a Forum, you may not post, transmit, link to, or otherwise distribute any information, materials or content that do not generally pertain to the designated topic or theme of the particular Forum. Use of a Forum for commercial purposes of any kind is strictly prohibited.
Canadiansim may at any time and without notice remove any User Website Content and may in its sole discretion refuse to delete any User Website Content.
9. SUBMISSION OF IDEAS AND/OR SUGGESTIONS
UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA AND/OR SUGGESTION OR RELATED MATERIAL TO CANADIANSIM BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION OR ATTRIBUTION TO YOU. BY SUBMITTING THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL TO CANADIANSIM, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL AND ARE REPRESENTING AND WARRANTING TO CANADIANSIM THAT THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL AND THAT CANADIANSIM IS FREE TO IMPLEMENT THE IDEA AND/OR SUGGESTION AND TO USE THE RELATED MATERIAL IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY CANADIANSIM, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.
10. DISCLAIMERS AND WARRANTIES
YOU SPECIFICALLY AGREE THAT:
- THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND CANADIANSIM MAKES NO WARRANTIES, REPRESENTATIONS OR CONDITIONS (AS USED IN THIS SECTION, “WARRANTIES”) OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND THAT ANY SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED, AND
- CANADIANSIM SPECIFICALLY MAKES NO WARRANTIES THAT THE CANADIANSIM WEBSITE, INCLUDING ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE USE OF THE WEBSITE, WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT SUCH PRODUCT OR SERVICES OR THE RESULTS DERIVED THEREFROM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. NOTHING IN THE CONTENT SHALL AMEND OR SUPPLEMENT ANY CONTRACT YOU MAY HAVE WITH CANADIANSIM FOR ANY PRODUCTS OR SERVICES.
11. INDEMNIFICATION AND LIMITATION OF LIABILITY
YOU AGREE TO HOLD HARMLESS AND PROTECT CANADIANSIM, ITS AFFILIATES, LICENSORS, LICENSEES AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, AS WELL AS ANY THIRD PARTIES MENTIONED ON THE WEBSITE, FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, OR DEMANDS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND ACCOUNTING FEES, ARISING OUT OF OR CONNECTED TO:
- YOUR ACCESS TO OR USE OF THE WEBSITE OR WEBSITE CONTENT; AND/OR
- YOUR COMMUNICATION, PUBLICATION OR DISTRIBUTION OF ANYTHING FOUND ON OR FROM THE WEBSITE; YOUR USE OR RELIANCE ON THE WEBSITE.
YOU MUST MAKE EVERY ATTEMPT TO ASSIST US IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT TO ASSUME EXCLUSIVE RESPONSIBILITY FOR THE DEFENSE AND MANAGEMENT OF ANY MATTER THAT MIGHT OTHERWISE BE SUBJECT TO INDEMNIFICATION BY YOU AT OUR OWN EXPENSE.
YOU SPECIFICALLY AND EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL CANADIANSIM, INCLUDING ITS AFFILIATES, LICENSORS, LICENSEES AND OR AGENTS, EMPLOYEES OR OFFICERS, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, AND ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER CANADIANSIM HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH:
- THE USE, INABILITY TO USE OR PERFORMANCE OF THE WEBSITE,
- ANY UNAUTHORIZED ACCESS TO OR MODIFICATION TO ANY OF YOUR USER CONTENT, OR
- ANY OTHER MATTER RELATING TO THE WEBSITE.
INFORMATION PROVIDED ON OUR WEBSITE MAY REFER TO OR CROSS-REFER TO OUR PRODUCTS AND SERVICES, OR PRODUCTS AND SERVICES OF OUR AFFILIATES WHICH ARE UNAVAILABLE IN YOUR AREA. CANADIANSIM, ITS AFFILIATES, AGENTS, LICENSORS, LICENSEES, AGENTS, OFFICERS AND/OR EMPLOYEES DISCLAIM ANY REPRESENTATIONS OR WARRANTIES REGARDING THE AVAILABILITY OF SUCH PRODUCTS AND SERVICES IN YOUR AREA. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, AND FUNDAMENTAL BREACH, SHALL CANADIANSIM OR ITS AFFILIATES, AGENTS, LICENSORS, LICENSEES, AGENTS, OFFICERS AND/OR EMPLOYEES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY LOSS ARISING FROM THE USE OF, OR THE INABILITY TO USE, ANY CONTENT, INFORMATION, MATERIAL, OR POSTINGS ON THE WEBSITE.
12. INSPECTION OF THE WEBSITE
You agree that Canadiansim is not required to inspect, supervise, check or monitor the Website or any Website Content that is accessed through, sent over, or uploaded to the Website. You consent to Canadiansim’s right to periodically monitor how the Website and its content are used electronically and to disclose any information required to:
- satisfy any legal, regulatory or other government request;
- operate the Website properly; or
13. END USER LICENCE AGREEMENT
The Website could provide you access to software Website Content (“Software“). Canadiansim reserves the right to update or change the Software remotely or otherwise from time to time. You may use the Software only in connection with the Website and for no other purpose whatsoever. This Software may be subject to an End User License Agreement (“EULA”). Your use of the Software is shall be bound by the EULA and you agree to the terms and conditions of the EULA vis-à-vis your use of the Software.
Any Software not accompanied by a EULA, you are hereby granted a revocable, non-exclusive, non-transferable license by Canadiansim or its licensors and licensees to use the Software (and any corrections, updates and upgrades thereto) solely in connection with your use of the Website. You may not make any copies of the Software. You agree that the Software is confidential information of Canadiansim or its licensors and that you will not disclose or use the Software except as expressly permitted herein. You further agree that Canadiansim, including its suppliers, shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, the Software, including the failure of the Software to meet your needs, standards, expectations or specifications.
14. WEBSITE CONTENT AND OTHER SITES LINKED TO THE WEBSITE
As you browse the Internet, please use caution. Please be aware that some Website links may lead you to other websites. These links are only offered by Canadiansim as a convenience and not as an endorsement. These connected websites may not always be managed by Canadiansim. You access any linked site at your own risk, and it is your responsibility to take all necessary precautions to protect yourself from viruses and other harmful components.
Any linked websites or other web pages that are not a part of the Website and not under the control of Canadiansim are not the responsibility of Canadiansim. Unless clearly stated otherwise, Canadiansim makes no guarantee or warranty about any linked site or the information, products, or services featured therein and does not promote any of them. As a result, you acknowledge that Canadiansim disclaims all responsibility and liability for the truth, relevance, copyright compliance, legality, and morality of the content found on any website to which the Website may link.
15. GOVERNING LAW AND JURISDICTION
Some products and services referred to on the Website may not be available in all parts of Canadiansim’s territory. Contact Canadiansim’s customer service department for information regarding the products and services which may be available to you in your area.
16. ARBITRATION AND ACTIONS