1. Definitions and interpretation
In this Agreement the following terms shall have the following meanings:
- “Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
- “Company” means Digitalist Canada Ltd. and/or member companies of the Digitalist group;
- “Service” means collectively any online facilities, tools, services or information that the Company makes available through the Website either now or in the future;
- “Premises” means our place(s) of business;
- “System” means any online communications infrastructure that the Company makes available through the Website either now or in the future.
- “User” / “Users” means any third party that accesses the Website and is not employed by the Company and acting in the course of their employment; and
- “Website” means the website that you are currently using and any sub-domains of this site unless expressly excluded by their own terms and conditions.
2. Links to other websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of the Company or that of our affiliates. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
3. Intellectual property
- The Company makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
- No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
- No part of this Website is intended to constitute a contractual offer capable of acceptance. No goods and / or services are sold through this Website and product and / or service details are provided for information purposes only.
- Whilst every effort has been made to ensure that all graphical representations of products and / or descriptions of services available from the Company correspond to the actual products and / or services, the Company is not responsible for any variations from these descriptions.
- The Company does not represent or warrant that such products and / or services will be available from us. For this reason, please contact us if you wish to enquire as to the availability of any products and / or services.
- All pricing information on the Website is correct at the time of going online. The Company reserves the right to change prices and alter or remove any special offers from time to time and as necessary.
- Whilst the Company uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.
6. Availability of the website and modifications
- 6.1 The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
- 6.2 The Company accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
- 6.3 The Company reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, the products and/or services available. These Terms and Conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
7. Limitation of liability
- To the maximum extent permitted by law, the Company accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.
- Nothing in these terms and conditions excludes or restricts the Company’s liability for death or personal injury resulting from any negligence or fraud on the part of the Company.
- Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
8. No waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
9. Previous terms and conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
10. Third party rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and the Company.
All notices / communications shall be given to us either by post to our Premises or by email to email@example.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
12. Law and jurisdiction
These terms and conditions and the relationship between you and the Company shall be governed by and construed in accordance with the Law of Canada and the Company and you agree to submit to the exclusive jurisdiction of the Courts of Canada.