Terms of Service
Last updated: June 15, 2022
Section 1: Definitions
For the purposes of these Terms of Service:
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Company (referred to as either “Condonexus”, "We", "Us" or "Our" in this Agreement) refers to Condonexus Inc.
Country refers to Ontario, Canada.
Terms of Service (also referred to as "Terms") refers to the terms and conditions set forth in this document, which form the entire agreement between You and the Company regarding the use of the Site.
You (also referred to as "Your" in this Agreement) means the individual accessing or using the Site, or the company, or other legal entity on behalf of which such individual is accessing or using the Site, as applicable.
Section 2: Acknowledgement
The Terms of Service set forth in this document apply to the Site, which are owned and operated by Condonexus. These terms and conditions govern the use of this Site and serve as the agreement that operates between You and the Company. These Terms of Service set out the rights and obligations of all users regarding the use of the Site, and apply to all visitors, users and others who access or use the Site. By using the Site, you agree to the Terms of Service; if you do not agree, please do not use the Site.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Site.
Section 3: Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms of service and privacy policies of any third-party web sites or services that you visit.
Section 4: Termination
We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms of Service.
Upon termination, your right to use the Site will cease immediately.
Section 5: Limitation of Liability
Notwithstanding any damages that you might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you through the Site or CAD 100 if you haven't made any purchases through the Site.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Site, third-party software and/or third-party hardware used with the Site, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these jurisdictions, each party's liability will be limited to the greatest extent permitted by law.
Section 6: "AS IS" and "AS AVAILABLE" Disclaimer
The Site is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Site, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Site will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Site, or the information, content, and materials or products included thereon; (ii) that the Site will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Site; or (iv) that the Site, its servers, the content, any files or data downloaded from the Site, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. Condonexus disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the Site and/or any of our products or services. You assume total responsibility for your use of the Site and any of its associated tools. Your sole remedy against Condonexus for dissatisfaction with the Site or any content is to stop using the Site or any of its associated tools.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Section 7: Indemnity
By using this Site, you agree to indemnify and hold Condonexus, its officers, directors, shareholders, predecessors or successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including any legal fees), made against Condonexus by any third party due to or arising out of or in connection with your use of the Site.
Section 8: Governing Law and Dispute Resolution
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and your use of the Site. Your use of the Site may also be subject to other local, provincial/state, national, or international laws. Any claim under these Terms of Service must be communicated to us within one (1) year after the cause of action arises, or such claim or cause of action will become void. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees.
If you have any concern or dispute about the Site, you agree to attempt, promptly and in good faith, to resolve the dispute informally by contacting the Company. Please refer to Section 12: Contact us on how to reach us.
Section 9: Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
Section 10: Translation Interpretation
These Terms of Service may have been translated if we have made them available to you on our Site. You agree that the original English text shall prevail in the case of a dispute.
Section 11: Changes to These Terms of Service
We reserve the right, at our sole discretion, to modify or replace these Terms at any time for whatsoever reasons. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
We will post an updated version on the Site, and all updates and amendments are effective starting from the effective date that appears at the top of this Terms of Service. We encourage you to visit our Site frequently to review this document and check the effective date to know whether our Terms have changed.
By continuing to access or use our Site after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, in whole or in part, please stop using the Site.
Section 12: Contact Us
If you have any questions about these Terms of Service, please contact us by email at email@example.com.