Terms and conditions
These terms and conditions
(“Agreement”) set forth the general terms and conditions of your use of the
qold.ca website (“Website” or “Service”) and any of its related products and
services (collectively, “Services”). This Agreement is legally binding between
you (“User”, “you” or “your”) and Qold Business & People Development Inc.
(“Qold Business & People Development Inc.”, “we”, “us” or “our”). If you
are entering into this agreement on behalf of a business or other legal entity,
you represent that you have the authority to bind such entity to this
agreement, in which case the terms “User”, “you” or “your” shall refer to such
entity. If you do not have such authority, or if you do not agree with the
terms of this agreement, you must not accept this agreement and may not access
and use the Website and Services. By accessing and using the Website and
Services, you acknowledge that you have read, understood, and agree to be bound
by the terms of this Agreement. You acknowledge that this Agreement is a
contract between you and Qold Business & People Development Inc., even
though it is electronic and is not physically signed by you, and it governs
your use of the Website and Services.
Age requirement
You must be at least 18 years of age
to use the Website and Services. By using the Website and Services and by
agreeing to this Agreement you warrant and represent that you are at least 18
years of age.
User content
We do not own any data, information
or material (collectively, “Content”) that you submit on the Website in the
course of using the Service. You shall have sole responsibility for the
accuracy, quality, integrity, legality, reliability, appropriateness, and
intellectual property ownership or right to use of all submitted Content. We
may, but have no obligation to, monitor and review the Content on the Website
submitted or created using our Services by you. You grant us permission to
access, copy, distribute, store, transmit, reformat, display and perform the
Content of your user account solely as required for the purpose of providing
the Services to you. Without limiting any of those representations or
warranties, we have the right, though not the obligation, to, in our own sole
discretion, refuse or remove any Content that, in our reasonable opinion, violates
any of our policies or is in any way harmful or objectionable. Unless
specifically permitted by you, your use of the Website and Services does not
grant us the license to use, reproduce, adapt, modify, publish or distribute
the Content created by you or stored in your user account for commercial,
marketing or any similar purpose.
Backups
We are not responsible for the
Content residing on the Website. In no event shall we be held liable for any
loss of any Content. It is your sole responsibility to maintain appropriate
backup of your Content. Notwithstanding the foregoing, on some occasions and in
certain circumstances, with absolutely no obligation, we may be able to restore
some or all of your data that has been deleted as of a certain date and time when
we may have backed up data for our own purposes. We make no guarantee that the
data you need will be available.
Links to other resources
Although the Website and Services
may link to other resources (such as websites, mobile applications, etc.), we are
not, directly or indirectly, implying any approval, association, sponsorship,
endorsement, or affiliation with any linked resource, unless specifically
stated herein. We are not responsible for examining or evaluating, and we do
not warrant the offerings of, any businesses or individuals or the content of
their resources. We do not assume any responsibility or liability for the
actions, products, services, and content of any other third parties. You should
carefully review the legal statements and other conditions of use of any
resource which you access through a link on the Website. Your linking to any
other off-site resources is at your own risk.
Prohibited uses
In addition to other terms as set
forth in the Agreement, you are prohibited from using the Website and Services
or Content: (a) for any unlawful purpose; (b) to solicit others to perform or
participate in any unlawful acts; (c) to violate any international, federal,
provincial or state regulations, rules, laws, or local ordinances; (d) to infringe
upon or violate our intellectual property rights or the intellectual property
rights of others; (e) to harass, abuse, insult, harm, defame, slander,
disparage, intimidate, or discriminate based on gender, sexual orientation,
religion, ethnicity, race, age, national origin, or disability; (f) to submit
false or misleading information; (g) to upload or transmit viruses or any other
type of malicious code that will or may be used in any way that will affect the
functionality or operation of the Website and Services, third party products
and services, or the Internet; (h) to spam, phish, pharm, pretext, spider,
crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere
with or circumvent the security features of the Website and Services, third
party products and services, or the Internet. We reserve the right to terminate
your use of the Website and Services for violating any of the prohibited uses.
Intellectual property rights
“Intellectual Property Rights” means
all present and future rights conferred by statute, common law or equity in or
in relation to any copyright and related rights, trademarks, designs, patents,
inventions, goodwill and the right to sue for passing off, rights to
inventions, rights to use, and all other intellectual property rights, in each
case whether registered or unregistered and including all applications and
rights to apply for and be granted, rights to claim priority from, such rights
and all similar or equivalent rights or forms of protection and any other results
of intellectual activity which subsist or will subsist now or in the future in
any part of the world. This Agreement does not transfer to you any intellectual
property owned by Qold Business & People Development Inc. or third parties,
and all rights, titles, and interests in and to such property will remain (as
between the parties) solely with Qold Business & People Development Inc.
All trademarks, service marks, graphics and logos used in connection with the
Website and Services, are trademarks or registered trademarks of Qold Business
& People Development Inc. or its licensors. Other trademarks, service
marks, graphics and logos used in connection with the Website and Services may
be the trademarks of other third parties. Your use of the Website and Services
grants you no right or license to reproduce or otherwise use any of Qold
Business & People Development Inc. or third party trademarks.
Limitation of liability
To the fullest extent permitted by
applicable law, in no event will Qold Business & People Development Inc.,
its affiliates, directors, officers, employees, agents, suppliers or licensors
be liable to any person for any indirect, incidental, special, punitive, cover
or consequential damages (including, without limitation, damages for lost
profits, revenue, sales, goodwill, use of content, impact on business, business
interruption, loss of anticipated savings, loss of business opportunity)
however caused, under any theory of liability, including, without limitation,
contract, tort, warranty, breach of statutory duty, negligence or otherwise,
even if the liable party has been advised as to the possibility of such damages
or could have foreseen such damages. To the maximum extent permitted by
applicable law, the aggregate liability of Qold Business & People
Development Inc. and its affiliates, officers, employees, agents, suppliers and
licensors relating to the services will be limited to an amount no greater than
one dollar or any amounts actually paid in cash by you to Qold Business &
People Development Inc. for the prior one month period prior to the first event
or occurrence giving rise to such liability. The limitations and exclusions
also apply if this remedy does not fully compensate you for any losses or fails
of its essential purpose.
Indemnification
You agree to indemnify and hold Qold
Business & People Development Inc. and its affiliates, directors, officers,
employees, agents, suppliers and licensors harmless from and against any
liabilities, losses, damages or costs, including reasonable attorneys’ fees,
incurred in connection with or arising from any third party allegations,
claims, actions, disputes, or demands asserted against any of them as a result
of or relating to your Content, your use of the Website and Services or any
willful misconduct on your part.
Severability
All rights and restrictions
contained in this Agreement may be exercised and shall be applicable and
binding only to the extent that they do not violate any applicable laws and are
intended to be limited to the extent necessary so that they will not render
this Agreement illegal, invalid or unenforceable. If any provision or portion
of any provision of this Agreement shall be held to be illegal, invalid or
unenforceable by a court of competent jurisdiction, it is the intention of the
parties that the remaining provisions or portions thereof shall constitute
their agreement with respect to the subject matter hereof, and all such remaining
provisions or portions thereof shall remain in full force and effect.
Dispute resolution
The formation, interpretation, and
performance of this Agreement and any disputes arising out of it shall be
governed by the substantive and procedural laws of Ontario, Canada without
regard to its rules on conflicts or choice of law and, to the extent
applicable, the laws of Canada. The exclusive jurisdiction and venue for
actions related to the subject matter hereof shall be the courts located in
Ontario, Canada, and you hereby submit to the personal jurisdiction of such
courts. You hereby waive any right to a jury trial in any proceeding arising
out of or related to this Agreement. The United Nations Convention on Contracts
for the International Sale of Goods does not apply to this Agreement.
Changes and amendments
We reserve the right to modify this
Agreement or its terms related to the Website and Services at any time at our
discretion. When we do, we will revise the updated date at the bottom of this
page. We may also provide notice to you in other ways at our discretion, such
as through the contact information you have provided.
An updated version of this Agreement
will be effective immediately upon the posting of the revised Agreement unless
otherwise specified. Your continued use of the Website and Services after the
effective date of the revised Agreement (or such other act specified at that
time) will constitute your consent to those changes.
Acceptance of these terms
You acknowledge that you have read
this Agreement and agree to all its terms and conditions. By accessing and
using the Website and Services you agree to be bound by this Agreement. If you
do not agree to abide by the terms of this Agreement, you are not authorized to
access or use the Website and Services. This terms and conditions policy was
created with the help of
https://www.websitepolicies.com/terms-and-conditions-generator
Contacting us
If you have any questions, concerns,
or complaints regarding this Agreement, we encourage you to contact us using
the details below:
https://qold.ca/get-in-touch/
info@qold.ca
Prominence way, Ontario Canada
This document was last updated on
July 7, 2023
