Please read these terms carefully before using our website and services
Last Updated: May 1, 2023
Welcome to Digital Innovations Canada. These Terms of Service ("Terms") govern your access to and use of the Digital Innovations Canada website, products, and services ("Services"), so please read them carefully before using the Services.
By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not access or use our Services.
By accessing or using our Services, you confirm that you are at least 18 years of age or older, and that you have the legal capacity to enter into a binding agreement. If you are accessing or using our Services on behalf of a company, entity, or organization, you represent and warrant that you are an authorized representative of that entity with the authority to bind the entity to these Terms.
We reserve the right to modify these Terms at any time. We will provide notice of significant changes by posting the updated Terms on our website and updating the "Last Updated" date at the top of this page. Your continued use of our Services after any such changes constitutes your acceptance of the new Terms.
Digital Innovations Canada provides digital business solutions including but not limited to digital strategy, web development, e-commerce solutions, digital marketing, cloud solutions, and data analytics services. The specific services provided to you will be outlined in a separate agreement or statement of work.
We reserve the right to modify, suspend, or discontinue any part of our Services at any time, with or without notice. We will not be liable to you or any third party for any such modification, suspension, or discontinuation.
Some of our Services may require you to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this section.
You agree not to use our Services to:
Our Services and all content, features, and functionality thereof, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, and the design, selection, and arrangement thereof ("Materials"), are owned by Digital Innovations Canada, our licensors, or other providers of such materials and are protected by Canadian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms do not grant you any rights to use our trademarks, logos, domain names, or other brand features.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use our Services for your personal or internal business purposes. This license does not include any resale or commercial use of our Services or the Materials.
You may be able to upload, submit, store, send, or receive content through our Services ("User Content"). You retain ownership of any intellectual property rights that you hold in that User Content.
By uploading, submitting, storing, sending, or receiving User Content through our Services, you grant us and our affiliates a worldwide, non-exclusive, royalty-free license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display, and distribute such User Content for the limited purpose of providing, improving, and promoting our Services.
Our Privacy Policy, available at Privacy Policy, explains how we collect, use, and protect your personal information when you use our Services. By using our Services, you agree to the collection, use, and disclosure of your information as described in our Privacy Policy.
Our Services may contain links to third-party websites, services, or resources that are not owned or controlled by Digital Innovations Canada. We are not responsible for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we 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 websites or services.
Certain Services may be provided for a fee. If you elect to use paid Services, you agree to pay all fees in accordance with the pricing and payment terms presented to you for such Services. Fees paid are non-refundable except as required by law or as otherwise specified at the time of purchase.
You agree to provide current, complete, and accurate billing information and to promptly update all billing information as necessary to facilitate timely payment.
We reserve the right to change our prices at any time. If we change our prices, we will provide notice of the change on the website or by email, at our option.
We reserve the right to suspend or terminate your access to our Services at any time, with or without cause, and with or without notice. Upon termination, your right to use our Services will immediately cease.
All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH OUR SERVICES.
Note: Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DIGITAL INNOVATIONS CANADA, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, OUR SERVICES.
IN NO EVENT SHALL OUR AGGREGATE LIABILITY EXCEED THE GREATER OF ONE HUNDRED CANADIAN DOLLARS (CAD $100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN DIGITAL INNOVATIONS CANADA AND YOU.
Note: Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation may not apply to you.
You agree to defend, indemnify, and hold harmless Digital Innovations Canada, its affiliates, and their respective directors, officers, employees, agents, and service providers from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of our Services, your violation of these Terms, or your violation of any rights of another.
These Terms and any dispute arising out of or related to these Terms or our Services shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision or rule.
Any legal action or proceeding relating to these Terms or our Services shall be brought exclusively in the courts located in Toronto, Ontario, and you agree to submit to the personal jurisdiction of such courts.
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provision shall be deleted without affecting the remaining provisions herein.
These Terms, together with our Privacy Policy and any other legal notices or additional terms and conditions or policies published by us on our website, shall constitute the entire agreement between you and Digital Innovations Canada concerning our Services.
If you have any questions about these Terms, please contact us at:
Digital Innovations Canada
2150 Lakeshore Blvd W
Toronto, ON M8V 1A5
Canada
Email: [email protected]
Phone: (416) 555-7890