Terms of Use

These Terms of Use (the “Agreement“) are a legal agreement between You as the user and Comala Technology Solutions, Inc., a private limited liability company registered under the Laws of British Columbia, Canada, having its registered address situated at 2025 Willingdon Avenue Suite 900 Burnaby, BC, V5C 0J3 CANADA (“Comalatech“, or “We” “Our” or “Us“), that governs Your limited, non-exclusive and terminable right to the use of the Comalatech Site. By making use of the Site, You agree to be bound by the terms of this Agreement.

If You do not agree to this Agreement, You must not make use of the Site. By agreeing to this Agreement, you acknowledge that You have read this Agreement, understood it, and agree to be bound by its terms and conditions.

We may amend this Agreement from time to time. We will provide You with advance notice of the modifications by posting a written notice on Our Site and You hereby agree that this shall constitute adequate notice in this regard. All amended terms automatically take effect on the day You use the Site, or 30 calendar days after they are initially posted on the Site, whichever comes sooner. Your use of the Site following the effective date of any modifications to this Agreement will constitute Your acceptance of the Agreement, as modified.

1. Definitions

Agreement” shall mean these Terms of Use, including any annexes thereto which form an integral part thereof and which in their totality, govern Your relationship with Comalatech;

Applicable Law” shall mean the Laws of British Columbia, Canada;

Data” shall mean content, data, information, Know-How and Confidential Information relating to You or Your business, some of which may not be publicly available, including but not limited to technical and commercial information concerning Your, or any of Your parent company’s or subsidiaries’ business, systems, processes, software and services, as the case may be;

Intellectual Property Rights” shall mean the copyright, including the moral and related rights, rights to use, musical works, literary works, designs, databases or any other copyright protected works, trade names, protected business identifiers, patents, utility models and trademarks, and all other industrial and intellectual property rights, in each case whether registered or unregistered, which currently subsist, or will subsist, now or in the future, in any part of the world;

Know-How” shall mean unpatented information, knowledge, experience, formula, research, processes, studies, reports, data and designs developed by and/or in Your possession;

Site/s” shall mean the website comalatech.com, in addition to any sub-pages that are integrated within this website;

Third Party/ies” shall mean any persons, whether legal or natural, which are neither You nor Comalatech;

You” / “Your” shall mean a person, whether natural or legal, acting in the course of a trade or business, and who agrees to be bound by the terms contained in this Agreement.

2. General Terms and Conditions

1. The intellectual property rights of the comalatech.com web site, its source code, design, navigational layout, data bases and various items of content are owned by Comalatech, which has the exclusive rights to use these in any way it deems appropriate, and, in particular, rights of reproduction, distribution, public communication and transformation.

2. These general terms and conditions govern access and use of the comalatech.com web site which Comalatech places at the disposal of internet users free of charge. Access to the web site implies unreserved acceptance of the aforementioned general terms and conditions. The use of certain services offered on this web site shall also be governed by the specific conditions stipulated in each case, which shall be understood to have been accepted simply by use of such services.

3. Viewing, printing and partially downloading any of the web site’s content is authorised solely and exclusively under the following conditions:

4. Comalatech reserves the right, at any time and without prior warning, to alter and update the information contained in the web site, the configuration and presentation of the site, and the access conditions.

5. Comalatech cannot guarantee that there will be no interruptions or errors in access to the web site or in its content, nor that the latter is up-to-date, although it will strive to prevent and remedy any such interruptions and errors and to update content, if necessary.

6. Both access to this web site and the use made of the information contained therein is the exclusive responsibility of the user. Comalatech shall not be responsible for any consequence, damage or injury that may result from access or use of the information. Comalatech shall not be responsible for any possible security errors which may occur nor for any possible damage to the user’s computer system (hardware and software), or to the files or documents stored therein, caused by the presence of a virus in the computer used by the user to connect to the web site’s services and content, by the malfunctioning of the browser or by the use of out-of-date versions of the said browser.

7. Comalatech assumes no responsibility whatsoever in respect of connection to or the content of third party links contained on the web site, nor does it guarantee the absence of viruses or other elements in the said links which may cause alterations to the user’s computer system (hardware and software), documents or files, including responsibility for any damages of any kind caused to the user for this reason.

8. Comalatech owns the industrial property rights relating to its products and services, and specifically those relating to the “Comalatech” registered trademark. With regard to third party products and services mentioned on the web site, Comalatech acknowledges the claim of the owners to the corresponding industrial and intellectual property rights, their mere mention or inclusion in the web site according Comalatech no rights or responsibility whatsoever in respect of the said products and services, nor implying any endorsement, sponsorship, or recommendation on the part of Comalatech.

9. Unauthorised use of the information included on this web site, its sale to third parties, and any breach of Comalatech’s Intellectual or Industrial Property rights shall give rise to the legally established responsibilities.

10. All third party links to this web site must be to the homepage.

11. Comalatech and the user, expressly waiving their right of recourse to any other jurisdiction, hereby submit to the jurisdiction of the Courts of British Columbia (Canada).

3. Assumption of Risk

3.1. You use the Internet solely at Your own risk and subject to all applicable local, state/provincial, national, and international laws and regulations. While Comalatech has endeavoured to create secure and reliable Site, Comalatech is not responsible for the security of any information outside of its control. Comalatech shall have no liability for interruptions or omissions in Internet, network or hosting services. You assume the sole and complete risk of using the Site.

3.2. You hereby declare that You are aware that as a result of the global nature of the Internet and World Wide Web, the Site is available online and may generally be accessible from anywhere in the world at any time. Access to the Site may not be legal by certain persons or in certain jurisdictions. Access to and use of the Site is at Your own risk and You shall be responsible for compliance with the laws of Your jurisdiction and any jurisdiction in respect of which You use the Site. You agree to comply with all local rules regarding online conduct and acceptable content in any generated content.

The Site may include links to certain websites, materials, or content developed by Third Parties. Comalatech has not reviewed all of the sites linked to its Site and shall not be responsible for the contents of any such linked material. The inclusion of any link does not imply endorsement by Comalatech of such material and Comalatech shall not be held liable in respect of any links contained therein. Use of any such linked material shall be at Your own risk. Comalatech reserves the right, in its sole and absolute discretion, to discontinue links to any other material at any time and for any reason.

5. Enforcing Security

Actual or attempted unauthorized use of any of the Site may result in the institution by Us of criminal and/or civil prosecution. For Your protection, we reserve the right to view, monitor, and record activity on the Site and/or Services without notice or further permission from You, to the fullest extent permitted by the Applicable Law, and only in accordance with this Agreement. This right extends to Our review of tracking activity and details pertaining to claimed violations by You. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on any of the Site and/or Services.

6. Severability

If any provision of this Agreement is found, by any court having competent jurisdiction, to be unenforceable, that provision shall be limited to the minimum extent necessary so that this Agreement shall otherwise remain in effect to the maximum extent possible.

7. Governing Law and Dispute Resolution

This Agreement is governed by, and construed in accordance with the laws of Birtish Columbia, Canda. The parties agree that any dispute or claim arising out of or in connection with this Agreement or its subject-matter, shall be subject to the exclusive jurisdiction of the British Columbia Arbitration Centre. Comalatech shall retain the right, at its option and for its exclusive benefit, to institute proceedings regarding or relating to Your use of the Site in the Courts of law of the country in which You reside.

8. Waiver of Compliance of this Agreement

Our failure to enforce, at any time, any of the provisions, conditions or requirements of the Agreement, or the failure to require, at any time, performance by You of any of the provisions of the Agreement, shall in no way waive Your obligation to comply with any of the provisions of the Agreement or Our ability to enforce each and every such provision as written.

Any and all waivers by either party hereto of any provision, condition or requirement of the Agreement will only be effective against the other Party if it is in writing and signed by an authorized officer of that Party, and any such written waiver will not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

9. Assignment and Delegation

Subject to the obtaining of Our prior consent in writing, You may assign or delegate any of the rights or obligations arising under the Agreement. Any purported assignment and delegation shall be ineffective if Our prior written consent has not been obtained. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to You.

10. Relationship of the Parties

Subject to the contrary set forth herein, nothing contained in these Terms shall be interpreted or construed to create a partnership, agency, single employer, joint employer or any other type of employment relationship between the parties hereto, or to impose liability attributable to such relationship upon either party. Neither party will have any right, power or authority to enter into any agreement on behalf of, to incur any obligation or liability of, or to otherwise bind the other party.

11. Survival.

Rights and obligations under this Agreement which by their nature are intended to survive termination, including without limitation the indemnification and liability limitations provisions set forth in this Agreement, shall remain in full effect after termination or expiration of the Agreement.

12. Privacy / Data Protection

Please refer to Our Privacy Policy for details on Our privacy practices through the use of this Site. By using this Site, You acknowledge that we may collect information which is considered as being Personal Information, under applicable laws. You acknowledge that You give your explicit consent ro process that Personal Information as well as obtain any consent, which You might be legally obliged to obtain from Your customers.

By accepting the terms contained within this Agreement, including its annexes, You acknowledge represent and warrant that You shall comply with all applicable laws, including but not limited to data protection and privacy laws like EU GDPR.

27. DISCLAIMER

THE MATERIALS CONTAINED ON THE COMALATECH SITE ARE PROVIDED “AS IS”. COMALATECH HEREBY MAKES NO FURTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHER VIOLATION OF RIGHTS INFRINGEMENT. FURTHER, COMALATECH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON ITS SITE OR SERVICES, OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY THIRD PARTY SITES OR SERVICES LINKED TO WITHIN THE SITE OR SERVICES OR THAT THE SERVICES WILL BE ERROR-FREE OR PROVIDE CERTAIN RESULTS.

YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTOOD IT, AND AGREE TO BE BOUND BY ITS TERMS.


Contact information:

Comala Technology Solutions, Inc.
2025 Willingdon Avenue
Suite 900
Burnaby, BC, V5C 0J3
CANADA

+1 (844) 266-2521

info@comalatech.com


Last update of these terms of use was made on April 17th 2018