Terms of Service

These terms and conditions set out the basis upon which you may use this website and any applications or functionality we make available through https://www.eqafy.com

Please read the Terms of Service to ensure you understand and agree to our terms and conditions before using eQAfy. By using eQAfy you agree to and accept these Terms of Service. If you do not accept these terms of service, do not use eQAfy.

If you have any questions specifically relating to our Terms of Service please contact us at legal@eqafy.com

About eQAfy

eQAfy Ltd., a company federally incorporated in Canada, operates the site and its associated services. Our registered office is located at:

Suite 1806 - 33 Harbour Square, Toronto, Ontario, Canada, M5J 2G2

Definitions:

In these Terms of Service, save where the context requires otherwise, the following words and expressions have the meanings as set out below:

  • "Account" means any account you create to use eQAfy;
  • "Confidential Information" means information identified as confidential or proprietary by either party or by the nature of which is clearly confidential or proprietary;
  • "Service" means the content and data made available to you through your use of eQAfy;
  • "Terms of Service" means these terms and conditions of service as amended from time to time;
  • "Website" means https://www.eqafy.com;
  • “We” or “us” or “our” means eQAfy; and
  • "You" or "your" means the user of the Service;

Access to the eQAfy Service

To access our Service, you must create an Account. You are responsible for maintaining your login details confidential and not disclosing them to any third party.

We strongly encourage you to use passwords that use a combination of upper and lower case letters, numbers and symbols for your Account. If you believe your login details have been misused, please contact us at: support@eqafy.com

You are responsible for any activities that occur under your Account.

We may disable any username or password (or any other account login method), at any time and at our sole discretion, if we have reasonably determined that you have failed to comply with any of these Terms and Conditions of Service.

You must take reasonable precautions to prevent any unauthorised access to, or use of, the Service and, in the event of any such unauthorised access or use, you must promptly notify us at: support@eqafy.com

You agree that our Service may change from time to time and no warranty, representation or other commitment is given in relation to the continuity of any elements of, or functionality of, our Service.

You shall indemnify and defend us, our agents and contractors from and against any and all losses, damages, claims, liabilities or expenses (including reasonable lawyer's fees) arising out of a claim brought by a third party relating to your use of our Service (except to the extent caused by our negligence).

We may monitor your use of our Service to ensure quality, improve our Service and verify your compliance with these Terms of Service.

Acceptable Use

You agree that failure to comply with our Acceptable Use clause constitutes a material breach of these Terms of Service, and may result in our taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of any rights to use our Service;
  • Issuing a warning;
  • Legal action against you including proceedings for reimbursement of all costs and expenses (including, but not limited to, reasonable administrative and legal costs) incurred by us resulting from your action; or
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

You acknowledge and agree that the responses described in this clause are not limited, and we may take any other action we reasonably deem appropriate.

Your Obligations

You are solely responsible for procuring and maintaining your network connections and telecommunications links from your systems in order to access and use our Service.

You must comply with all applicable laws and regulations with respect to your use of our Service and your activities under these Terms of Service;

You must not attempt to interfere with or compromise the integrity or security of our Service;

You must obtain and shall maintain at all times, all necessary licences, consents, and permissions necessary for us to perform our obligations under these Terms of Service;

You must use our Service in accordance with these Terms of Service.

Intellectual Property Rights

We are the owner of or the licensee of all intellectual property rights in the Service. Copyright and other laws and treaties around the world protect these works. All such rights are reserved.

You shall not, except as may be allowed by any applicable law, except to the extent expressly permitted under these Terms of Service, attempt to copy, create derivative works of, display, download, duplicate, frame, mirror, modify, republish, transmit, or distribute all or any portion of our Service in any form or media or by any means; or

Attempt to decompile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of our Service; or

Access all or any part of our Service in order to build a product or service which competes with our Service; or

Use our Service to provide services to third parties; or

Assign, disclose, display, distribute, lease, license, rent, sell, transfer, or otherwise commercially exploit, or otherwise make our Service available to any third party, or

Attempt to obtain, or assist third parties in obtaining, access to our Service other than as provided under this clause.

You acknowledge and agree that we shall not be responsible or liable for the alteration, correction, damage, deletion, destruction, disclosure, loss, or failure to store any data.

Notice and Takedown Policy

You may contact us by sending an "Infringement Notice" if you consider that our Service infringes your rights or fails to comply with "Acceptable Use". The Infringement Notice should be sent by post to:

Suite 1806 - 33 Harbour Square, Toronto, Ontario, Canada, M5J 2G2

We will take the action that we believe is appropriate depending on the nature of the Infringement Notice and will respond to you within a reasonable period of time on the action we propose to take.

Confidential Information

Each party may be given access to Confidential Information from the other party in order to perform its obligations under these Terms of Service. A party's Confidential Information shall not be deemed to include information that:

  • Is independently developed by the receiving party and such independent development can be shown by written evidence; or
  • Is lawfully disclosed to the receiving party by a third party without restriction on disclosure;
  • Is or becomes publicly known other than through any act or omission of the receiving party;
  • Is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory or administrative body;
  • Was in the other party's lawful possession before the disclosure.

Each party shall hold the other's Confidential Information in confidence and, unless required by law, not make the other's Confidential Information available for use for any purpose other than as needed to perform these Terms of Service.

Each party shall take all reasonable steps to ensure that the other's Confidential Information to which it has access is not disclosed or distributed by it or its employees or agents in violation of these Terms of Service.

Each party shall take a backup of its own Confidential Information and shall not be responsible to the other for any loss, destruction, alteration or disclosure of Confidential Information.

Support and Availability

Support services for the Service will be provided entirely at our option and discretion.

You acknowledge that your use of our Service may be dependent on access to various third party applications. You agree that we are not responsible for interruption or lack of availability to our Service caused by any third party application being unavailable.

Our Right to Vary These Terms of Service

We have the right to revise and amend these Terms of Service from time to time to reflect changes in our Service or other conditions affecting our business.

You will be subject to the Terms of Service in force at the time that you make use of our Service, or if we notify you of changes to these Terms of Service and you continue to use our Service you will be subject to those changes.

We will use reasonable efforts to notify you of any material changes to these Terms of Service by email or by posting a notice on our Service.

Termination

We may terminate these Terms of Service and your access to our Service at any time and for any reason without giving you any notice and without liability to you.

Upon termination of these Terms of Service for any reason any licences granted under these Terms of Service shall immediately terminate and your right to access and use of our Service will end.

Limited Warranty

Our Service is made available on an "AS IS" and "AS AVAILABLE" basis and we make no representations, warranties, conditions or other terms of any kind in respect of our Service, whether express or implied, including, but not limited to, warranties of satisfactory quality, availability, merchantability fitness for a particular purpose or non-infringement.

Except as expressly and specifically provided for in these Terms of Service:

You assume sole responsibility for the results obtained from the use of our Service and for conclusions drawn or decisions taken from such use and you rely on the results obtained from the use of the Service at your own risk;

All representations, warranties, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by law, excluded from these Terms of Service; and

We will not be responsible for any interruptions, delays, failures or non-availability affecting our Service or the performance of our Service that are caused by third-party services or errors or bugs in software, hardware or the Internet and you acknowledge that we do not control such third party services and that such errors and bugs are inherent in the use of such software, hardware and the Internet.

Transfer of Rights and Obligations

You may not transfer, assign, charge or otherwise deal in these Terms of Service, or any of your rights or obligations arising under these Terms of Service, without our prior written consent.

Force Majeure

No party shall be liable to the other for any delay or non-performance of its obligations under these Terms of Service arising from any cause beyond its control including, without limitation, any of the following: act of God, civil commotion, explosion, fire, flood, governmental act, internet failure, telecommunications failure or war.

Waiver

No forbearance or delay by either party in enforcing its rights shall prejudice or restrict the rights of that party, and no waiver of any such rights or of any breach of any contractual terms shall be deemed to be a waiver of any other right or of any later breach.

Severability

If any provision of these Terms of Service is judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of the provisions shall not be prejudiced.

Third party rights

A person who is not party to these Terms of Service shall not have any rights under or in connection with.

Written Communication

Applicable laws may require that some of our communications with you should be in writing. When using our Service, you accept that your communication with us will be electronic. We will either contact you by e-mail or post notices about our Service on our website: www.eqafy.com. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.

Notices

You should send all notices to us at: notices@eqafy.com

We may give notice to you at either the e-mail or postal address you provide to us, or by any other method we deem appropriate. Notice will be deemed received and properly served immediately when posted on our website (www.eqafy.com) or twenty-four hours after an e-mail is sent or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.

Law and Jurisdiction

These Terms of Service shall be interpreted, construed and governed by the laws in force in the Province of Ontario, Canada, without reference to its conflict of laws principles. Each party hereby agrees to submit to the jurisdiction of the courts of the Province of Ontario and to waive any objections based upon venue. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and Conditions.