Terms and Conditions

TERMS OF USE

 

PLEASE READ THE FOLLOWING TERMS OF USE VERY CAREFULLY AS YOUR USE OF THE PLATFORM THEREIN ARE SUBJECT TO YOUR ACCEPTANCE OF AND COMPLIANCE WITH THE FOLLOWING TERMS OF USE (“TERMS” / “AGREEMENT”).

BY REGISTERING, ACCESSING OR OTHERWISE USING THE PLATFORM, YOU (“You” or “User(s)”) ACCEPT AND AGREE TO ALL OF THE TERMS CONTAINED HEREIN. THESE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND DIGY4 INC.

WHILE USING THE PLATFORM, YOU MAY BE SUBJECT TO ANY TERMS, GUIDELINES OR RULES POSTED BY THE COMPANY FROM TIME TO TIME AND WHICH WILL BE APPLICABLE TO THE PLATFORM. FOR SAKE OF CLARITY, ALL SUCH TERMS, GUIDELINES OR RULES ARE HERBY INCORPORATED INTO THESE TERMS AND YOUR CONTINUED USAGE OF THE PLATFORM IS DEEMED TO BE YOUR CONSENT IN RESPECT OF SUCH TERMS. FURTHER, THE COMPANY MAY INTRODUCE ANY ADDITIONAL TERMS AND CONDITIONS, DISCLAIMERS, PRIVACY POLICIES, AND OTHER POLICIES APPLICABLE TO GENERAL AND SPECIFIC AREAS OF ITS SERVICES OR TO ANY PARTICULAR SOFTWARE AND/ OR PRODUCTS OFFERED BY THE COMPANY ON THE PLATFORM. BY USING OR ACCESSING THE PLATFORM, YOU DE-FACTO AGREE TO THE SUCH TERMS AND CONDITIONS, DISCLAIMERS, PRIVACY POLICIES, AND OTHER POLICIES.

YOU ALSO REPRESENT THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE PROVISIONS OF THESE TERMS. YOUR CONTINUED ACCESS TO THE PLATFORM CAN BE DEEMED TO BE YOUR CONSENT TO ACCESS YOUR SENSITIVE PERSONAL DATA OR INFORMATION (IF ANY) FOR PROVIDING SERVICES TO YOU.

IF YOU DO NOT AGREE TO ALL OR ANY OF THESE TERMS, DO NOT USE THE PLATFORM.

IF YOU CONTINUE TO USE THIS PLATFORM, YOU ARE AGREEING TO BE BOUND BY THESE TERMS, – ALONG WITH THE PRIVACY POLICY (“PRIVACY POLICY”) WHICH GOVERN YOUR RELATIONSHIP WITH US.

YOU UNDERSTAND AND AGREE THAT WE MAY CHANGE THE TERMS FROM TIME TO TIME, AND THAT ANY SUCH CHANGES WILL BE EFFECTIVE IMMEDIATELY WHEN WE POST THE MODIFIED TERMS ON THE PLATFORM. YOUR CONTINUED ACCESS AND USE OF THE SERVICE AFTER WE POST THE MODIFIED TERMS WILL CONSTITUTE YOUR CONSENT TO BE BOUND BY THE MODIFIED TERMS.

We, Digy4 Inc. (“Company”, “we”, “us”, “our”) are the owners of platform which consists of website available at “www.digy4.com” together with mobile web application and as may be amended from time to time, together referred to as the “Platform”.

 

SCOPE OF TERMS: 

  • The Platform displays various software and/ or products (amended from time to time by the Company) which are developed and owned by the Company. If you intend to seek any licenses with respect to such software and/ or products (amended from time to time by the Company) as displayed on the Platform, please reach out to the Company. For sake of clarity, Company will provide You with the license to the relevant software and/ or product basis a separate agreement with the Company (each an “Agreement”). Any associated services including but not limited to deployment, installation, access and maintenance will be agreed in the specific Agreement or any statement of work (if applicable).

 

 

GENERAL RESTRICTIONS ON USAGE OF PLATFORM 

  • You or any of your permitted users will not, and will not allow to: (a) modify, adapt, copy, alter, translate or create derivative works of the Platform; (b) use the Platform to provide, or incorporate any Platform into, any product or service provided to a third party, such as in a service bureau or time-sharing arrangement; (c) upload any data to the Platform in breach of any obligations which are agreed under these Terms or in law including any material which is likely to breach, violate, misappropriate or infringe third party rights including but not limited to intellectual property rights; (d) reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code to the Platform; (e) remove or obscure any proprietary or other notices contained in any Platform (f) send or upload in the Platform any obscene, threatening, libelous, or otherwise unlawful or tortious material, including material that is harmful to children or violates third party privacy rights; (g) send or upload in the Platform; (h) interfere with or disrupt the Platform or the hardware or network used to operate the Platform or access the Platform through an unapproved interface; (i) upload, transmit or otherwise make available in connection with the Platform any unsolicited or unauthorized advertising or promotional materials, which by way of illustration but not limitation includes “junk mail,” “spam”, “chain letters” and “pyramid schemes”, or any other form of unsolicited or unwelcome solicitation; (j) upload, transmit or otherwise make available in connection with the Platform any content that You have no right to make available under all applicable laws, or contractual or fiduciary relationships (which, by way of illustration but not limitation, includes inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements); (k) access the Platform for purposes of monitoring its availability, penetration or security testing, or any benchmarking or competitive purposes; (l) You agree not to use this Platform as part of any another application, upload of any virus, use any content for commercial purposes, access or modify partially or otherwise to any source code, track or monitor the other users, do anything that puts an enormous/ unreasonable load on our servers, copy or create derivative work on the Platform; (m) Engage in any form of antisocial, disrupting, or destructive acts, including “flaming”, “spamming”, “flooding”, “trolling” and “phishing” as those terms are commonly understood; (n) display of pornographic, obscene or sexually explicit material of any kind on the Platform; harass, threaten, disrupt or harm any other users or officials or representatives of Company or otherwise create or contribute to an unsafe, harassing, threatening or disruptive environment; or (o) You must not attack our Platform via a denial-of-service attack or a distributed denial-of service attack.
  • Non-compliance of the aforesaid events may lead to immediate deletion or blocking of your profiles, Company may rescind your access to the Platform.

 

ELIGIBILITY:

  • To be eligible for accessing this Platform, You must;
  1. Be legally competent and authorized to enter into the terms, conditions, obligations, representations and warranties set forth in these Terms;
  2. Be 18 years of age or older, this Platform is not directed for use by You under the age of 18. If You are under the age of 18, You should get the assistance of a parent or guardian to use the Platform.
  •  By using this Platform, you represent and warrant that you have the right, authority, and legal capacity to enter into this Agreement, such that you are not disqualified by any applicable laws; you are required to submit relevant personal information to the Company; and that You are not prohibited or prevented or temporarily or indefinitely suspended by any applicable law for the time being in force or any order or decree or injunction from any court, tribunal or any such competent authority.

 

YOUR CONTENT 

  • You understand that the Company, without any prior notice, may delete any of Your content if the Company found or reasonably believes that such content are clear violation of these Term or its Privacy Policy or is offensive, illegal, unauthorized, immoral or in any way likely to violate the rights, harm, or threaten the safety of the Company or any third party.
  • You agree that the Company shall not be liable for such sharing or disclosure of personal information by the service providers or other users.
  • You understand that any of Your content or data You or any other user which is published on Platform, is deemed to grant unconditional or irrevocable right, license to use, store, distribute,  reproduce, prepare derivative works of, modify, adapt, publicly perform and publicly display such content on the Platform and to the other user’s from time to time.

THIRD PARTY CONTENT AND ADVERTISEMENTS

  • You acknowledge that when You access a third party link whereby you leave the Platform, the website, platform, application or third party source that You will enter into is not controlled by the Company and different terms of use and privacy policies may apply to your usage. By accessing such third party links to other platform, You acknowledge that the Company is not responsible for those platforms including but not limited to usage of such platforms, any data available on such platform or otherwise. The Company has no liability to remove or in any manner block such third party links, advertisements or pop-ups. The Platform may contain third party advertisements. The display of such advertisements does not in any way imply an endorsement or recommendation by the Company of the relevant advertiser or the merchant, its products or services. You are referred to the relevant advertiser or merchant for all information regarding the advertisement and its products and/or services. The Company accepts no responsibility for any interaction between You and the relevant third party and is released from any liability arising out of or in any way connected with such interaction.

 

YOUR RESPONSIBILITIES:

  • Compliance with Laws: You shall comply with, all applicable local, state, national and foreign laws, in connection with their use and access of the Platform. Further, You agree to abide by the applicable regulatory laws issued by any regulatory bodies or otherwise as per the applicable laws.

 

  • Unauthorized Use; False Information: You shall: (i) notify Company immediately of any unauthorized use of the Platform or any other known or suspected breach of security in relation to the Platform, (ii) report to Company immediately and use reasonable efforts to stop any unauthorized use of the Platform, that is known or suspected by You, and (iii) not provide false identity information to gain access to or use the Platform.

 

LICENCE AND RULES OF CONDUCT:

  • Subject to these Terms, the Company hereby grants You a non-exclusive, non-assignable, non-transferable and limited license to use the Platform for Your personal use only and for no other purposes, unless otherwise authorized by the Company.

 

OWNERSHIP OF INTELLECTUAL PROPERTY:

  • All the rights including but not limited to intellectual property rights subsisting under or in relation to the Platform are owned by Company and its affiliates, subsidiaries, licensors as the case may be. All the rights including but not limited to intellectual property rights subsisting under or in relation to Your content are owned by You as the case may be. The Company respects copyright, and the Company prohibits You from submitting, uploading, posting, or otherwise transmitting any of Your content or details on the Platform that violates, breaches or in any manner hampers any third party rights including but not limited to proprietary rights.
  • If You believe that the Platform contains elements that infringe, violate, breach and/ or in any manner misappropriate any intellectual property rights, please notify us immediately. If the Company receives intellectual property right infringement, violation, breach and/ or misappropriation claim notification, and it is felt appropriate, the Company may, at its sole discretion, remove all such content which is indicated as infringing, violating, breach and/ or misappropriating and/or take any other appropriate action at our discretion, without providing any justification or notice to You.
  • All materials on this Platform, including but not limited to the content of the Company, are protected by copyright under the copyright laws. You cannot use the Platform or the content of the Company, except as specified herein. There may be number of proprietary logos, service marks and trademarks found on the Platform whether owned/used by the Company or otherwise. By displaying them on the Platform, the Company is not granting You any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the such proprietary logos, service marks, or trademarks may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.

    

DISCLAIMER:

  • THE PLATFORM IS MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE COMPANY HAS TAKEN ALL NECESSARY MEASURES TO ENSURE THE SECURITY OF THE PLATFORM; HOWEVER, THE COMPANY CANNOT REPRESENT THAT THE PLATFORM IS HACK PROOF. YOUR  CONTENT MAY GET PILFERED, DAMAGED, LOST, GARBLED OR BECOME USELESS. WITHOUT LIMITING THE FOREGOING, THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK AS TO YOUR USER CONTENT, QUALITY, ACCURACY, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, AUTHENTICITY, SAFETY, SECURITY AND VALIDITY OF ANY AND ALL FEATURES AND FUNCTIONS OF THE PLATFORM, INCLUDING, WITHOUT LIMITATION OF THE USER CONTENT. THE COMPANY DOES NOT REPRESENT AND WARRANT THAT YOUR USE OF THE PLATFORM WILL MEET THEIR REQUIREMENTS, OR USE OF THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR OR ANY INFORMATION OBTAINED BY YOU AS A RESULT OF USE OF THE PLATFORM WILL BE ACCURATE OR RELIABLE.
  • YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO CONSULT OR CONDUCT DUE DILIGENCE WITH RESPECT TO YOUR CONTENT, AT YOUR OWN INITIATIVE, COST AND EFFORT. THE COMPANY HAS DEVELOPED THE PLATFORM TO MERELY DISPLAY THE SOFTWARE, PRODUCTS AND/ OR SERVICES WHICH IT CANPROVIDER AND AS SUCH THE COMPANY SHALL NOT BE LIABLE FOR THE INFORMATION PROVIDED BY YOU OR OTHERWISE TRANSMITTED ON THE PLATFORM. ANY RELIANCE ON SUCH INFORMATION OR THE USE OF ANY SUCH INFORMATION IS SOLELY AT YOUR OWN RISK.
  • ALL LIABILITY WHETHER CIVIL OR CRIMINAL RESULTING FROM ANY OF YOUR CONTENT OR INFORMATION OR CONTENT OR BLOGS POSTED OR TRANSMITTED ON THROUGH THIS PLATFORM WILL BE YOURS OR ANY THIRD PARTIES WHO HAS POSTED OR TRANSMITTED SUCH CONTENT OR INFORMATION  AND THE COMPANY RESERVES ITS RIGHT TO CLAIM DAMAGES, PENALITIES OF COMPENSATIONS FROM YOU OR SUCH THIRD PARTIES THAT IT MAY SUFFER DUE TO SUCH CONTENT POSTED ON PLATFORM. THE COMPANY DOES NOT CLAIM OWNERSHIP OF ANY KIND OF ANY INFOMRATION THAT YOU SUBMIT OR MAKE AVAILABLE ON PLATFORM.

 

LIMITATIONS OF LIABILITY:

  • In no event, shall the Company be liable for any direct, indirect, punitive, incidental, special or consequential damages or for any damages whatsoever including, without limitation, damages for loss of use, data including Your content or monetary losses, arising out of or in any way connected with the use of the Platform or for interrupted communications, delay, lost data including Your content or monetary losses arising out of or in connection with these Terms.

 

INDEMNIFICATION:

  • You agree to indemnify the Company and hold it harmless from and against any claims arising out of or relating to: (i) details and content that You submit or transmit on the Platform, (ii) Your violation or breach of any rights of any other person in connection with the Services, (iii)  violation, breach, misappropriation and/ or infringement or threatened violation, breach, misappropriation and/ or infringement of any third party rights including but not limited to intellectual property rights, (iv) any breach of these Terms, (v) any breach or violation of  applicable laws and regulations (vi) any breach of representation and warranties made in relation to the Services (vii) transactions (present and subsequent) between You and other users including but not limited to any third parties.

 

 PRIVACY POLICY:

  • The Company is committed to responsibly handling the information and data the Company may collect through the Platform in compliance with the Privacy Policy. Please review the Privacy Policy so that You are aware of how we collect and use Your personal information. The Privacy Policy is located at [Insert Privacy Policy link].

 

FORCE MAJEURE: 

  • Without limiting the foregoing, under no circumstances shall Company be held liable for any damage or loss due to deficiency in performance of the Platform resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, change in laws and regulations, or any other government regulations, floods, storms, electrical failure, epidemics, civil disturbances, riots, lockdowns, pandemics or any other similar events.

 

TERM, TEMPORARY SUSPENSION AND TERMINATION: 

  • The term of this Agreement shall be valid, effective and subsisting subject to your subscription plan of our Service.
  • Suspension
  1. Company, at its own discretion, has the right to temporarily disable or block Your access, without providing any justifications or without any cause or notice.
  2. On any breach, as per Company’s discretion, the Company may also permanently block Your access to the Platform, without any further liabilities.
  • Termination 
  1. You understand that, the Company may restrict, suspend, terminate or cancel Your access to the Platform at any time upon expiration of Your subscription plan, You understand that You shall not be entitled to any refund or reimbursement of any un-utilized Charges, also all the Content of Your Profile shall be deleted and cannot be revived back. Further, Company may at any time, terminate these Terms, if:
  2. You breach any these Terms or;
  3. You have used the Platform for sending of bulk messages.
  4. You have engaged in or used the Platform in an unprofessional or illegal manner or in any manner to dupe, lure, defraud other users.
  5. You have engaged or conducted in prohibitive or inappropriate communication with the other users not limited to usage of unprofessional language, misrepresenting yourself;
  6. Company is required to do so under law or in compliance with any orders of the court of authorities;
  7. Company chooses to discontinue the Services offered to You or permanently disable access to the Platform.

 

ASSIGNMENT

  • Company may transfer, assign, novate, sub-contract or otherwise dispose of any of its rights, benefits, liabilities or obligations under the Terms at any time or ay involve or appoint any third party to satisfy its obligations, without any liability to notify You.

 

SURVIVAL:

  • All provisions herein that, by their very nature, shall survive any termination or expiration of this Agreement will survive.

CHANGES TO THESE TERMS

  • Please revisit this page periodically to stay aware of any changes to these Terms, which the Company may update from time to time. If the Company modifies or amends these Terms, Company will make it available through the Platform and indicate the date of the latest revision. In the event that the modifications materially alter Your rights or obligations hereunder, the Company will make reasonable efforts to notify You of the change via email or through our Platform.

 

  • These Terms was last modified on 2021-12-01.

 

CONTACT US

  • If You have any questions or concerns or grievances regarding these Terms, You can email us at the Company’s grievance email-address compliance@digy4.com.

 

GOVERNING LAW:

  • This Agreement and Your use of the Platform is governed by, construed and enforced in accordance with the laws of Canada and, for the purposes of any legal or equitable actions, You specifically agree and submit to the exclusive jurisdiction and venue of the Courts of Ontario.

 

WAIVER:

  • The Company’s failure to insist on or enforce strict performance of any of these Terms shall not be construed as a waiver of any provision or right.

 

SEVERABILITY:

  • If any part of these Terms is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions.

 

NO AGENCY:

  • You agree that no joint venture, employment, or agency relationship exists between you and the Company as a result of these Terms or due to your use of the Platform or any of its Services.

 

ENTIRE AGREEMENT:

  • These Terms and the Privacy Policy constitute the entire agreement between you and the Company relating to this subject matter and supersede any and all prior communications and/or agreements between you and the Company relating to this subject matter.