THIS WEBSITE IS OWNED AND OPERATED BY KALSOFT (“KALSOFT”, “WE”, “OUR” AND “US”). ACCESS AND USE OF THIS WEBSITE AND ITS RELATED SERVICES, WEB PAGES, DATA, BLOGS, PRODUCTS AND COMMUNITY PORTAL (COLLECTIVELY, THE “WEBSITE”) ARE PROVIDED BY KALSOFT TO YOU ON CONDITION THAT YOU ACCEPT THESE TERMS OF USE, AND BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO ACCEPT AND ABIDE BY THESE TERMS OF USE YOU SHOULD NOT ACCESS OR USE THIS WEBSITE.
These Terms of Use, the Privacy Policy and all other documents referenced herein govern the relationship between you, the Website visitor and/or member (“you”) and KalSoft with respect to your use of this Website. You agree that the agreement formed by these Terms of Use is binding like any written, negotiated agreement signed by you, and you agree to be bound by, and fully comply with, its terms. You represent and warrant that you have all necessary right, power and authority to enter into this agreement and to perform and otherwise discharge all your obligations hereunder.
We reserve the right at any time to change: (i) these Terms of Use; (ii) this Website, including terminating, eliminating, supplementing, modifying, adding or discontinuing any content or feature or data or service on or available through this Website or the hours that they are available; (iii) any fees or charges, if any, related to the use of this Website; and (iv) the equipment, hardware or software required to use and access this Website.
Any changes we make to these Terms of Use will be effective immediately upon notice, which we may provide by any means including, without limitation, posting on this Website. Your continued use of this Website after such notice will be deemed acceptance of such changes. You should return to this Website periodically to ensure you are familiar with the most current version of these Terms of Use.
USE OF INFORMATION
You hereby agree that you shall not use any information contained in this Site or the links to this Site in any claims, proceedings, suits or actions against KalSoft. You may not post, publish, reproduce, transmit or otherwise distribute information or material on the Site: (a) constituting or encouraging conduct that would constitute a criminal offence or give rise to civil liability; (b) which is protected by copyright, or other intellectual property right or derivative works thereof, without obtaining permission of the copyright holder; (c) otherwise use this Site in a way that is contrary to law applicable in corresponding region or which would adversely impact use of the Site or the Internet by other users including the posting or transmitting of other information or software containing viruses or other disruptive components.
NO WARRANTY OR REPRESENTATION
While KalSoft uses reasonable efforts to include accurate and up-to-date information on the Site, your use and browsing of the Site is at your risk. Nothing in the Site, including product or service information, shall add to or change any contract for products or services you may have with KalSoft, its suppliers or affiliates. Neither KalSoft, its partners, suppliers, affiliates, nor any other party involved in creating, producing, or delivering the Site is liable for any direct, indirect, incidental, special, consequential, punitive or other damages whatsoever, including business interruption, loss of use, data, information, profits (regardless of the form of action, including but not limited to contract, negligence or other tortious act) arising out of or in connection with your access or use of the Site even if KalSoft has been advised of or foresees the possibility of any damages occurring. Without limiting the foregoing, everything on the Site is provided to you "AS IS" WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY INCLUDING, BUT NOT LIMITED TO, IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR INTER-OPERABILITY OF PRODUCTS OR SERVICES. Changes or updates to the contents of this Site may occur without notice.
WEB LINKS
This Site may contain links to other websites that are not under the control of KalSoft and KalSoft is not responsible for and makes no representations or warranties concerning the contents of any linked website or any link contained in a linked website. It is your responsibility to verify any information contained within the links before relying on it. The information contained in the links may be changed or updated at any time without notice. KalSoft provides links to you only as a convenience and the inclusion of any link does not imply endorsement, investigation or verification by KalSoft of the linked site. Your use of the linked websites may be subject to terms and conditions contained in these websites, which you should locate and review.
MONITORING
KalSoft is under no obligation to monitor the Site and assumes no responsibility or liability should its content be modified or altered in any way without KalSoft's consent.
REVISIONS
KalSoft may at any time revise these Terms of Use by updating this posting. You should therefore review these Terms of Use each time you access the Site.
PRODUCT DESCRIPTIONS
KalSoft attempts to be as accurate as possible, however, KalSoft does not warrant that product descriptions or other content of this Site is accurate, complete, reliable, current or error-free. Price and availability information is subject to change without notice.
COPYRIGHT AND TRADEMARK POLICIES
These materials are provided by KalSoft as a service to our customers and may be used for informational purposes only. Neither the whole nor any part of this work may be copied, scanned, reproduced or transmitted, in any form or by any means without the prior written permission of KalSoft.
You should assume everything you see or read on this site is copyrighted unless otherwise noted. You are free to use the content for non-commercial purposes, provided you do not modify it and provided you retain all copyrights and other proprietary notices contained in the content. You require our written consent to copy or display any portion of the content for redistribution to third parties or for commercial purposes.
The trademarks, logos, service marks and other names and icons identifying products and services on this site are owned by or licensed to KalSoft. Nothing contained on this site gives you or any other person the right or licence to use any trademark displayed on this site without the express permission of KalSoft.
CONSENT
You acknowledge that you have read KalSoft Privacy Policy (as it may be updated from time to time) (the " Privacy Policy") and hereby consent to the collection, use and disclosure by KalSoft and its agents of your personal information (whether previously collected or to be collected) for the purposes identified in the Privacy Policy.
RIGHT OF INDEMNIFICATION
You agree to defend, indemnify and hold KalSoft, its suppliers, partners, affiliates and related companies harmless from any and all liabilities, costs and expenses, including reasonable legal fees related to any violation of these Terms and Use by you, or in connection with your use of the Site or with the placement or transmission of any message or information on the Site by you. We reserve the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such matter without our prior written consent. This indemnification section will survive any termination or expiration of these Terms of Use.
CODE OF CONDUCT
You are solely responsible for the content of any communications by you with third parties, including any communications about, concerning or through this Website.
You agree that you will not attempt to, nor permit any third party to, enter restricted areas of KalSoft's hosting servers or perform functions that you are not authorized to perform pursuant to these Terms of Use. KalSoft may, without notice, temporarily suspend your, or any other party’s access to this Website, (including, without limitation, any specific areas hosted within this Website) by deactivating any password(s) or links to the Internet if we reasonably suspect that you, or any other parties, are obtaining unauthorized access to our other systems or information, or are using otherwise valid user identifications or passwords in any other unauthorized manner. These suspensions will be for such periods of time as KalSoft may in its sole discretion determine is necessary to permit the thorough investigation of such suspended activity.
While using this Website you agree to comply with all applicable laws, rules and regulations (including, but not limited to, export/import laws and laws relating to privacy, obscenity, copyright, trademark, confidential information, trade secret, libel, slander or defamation). We reserve the right, in our sole discretion, to take any actions we deem necessary and appropriate to preserve the integrity of this Website.
WE CANNOT AND DO NOT ASSURE THAT OTHER USERS ARE OR WILL BE COMPLYING WITH THE FOREGOING CODE OF CONDUCT OR ANY OTHER PROVISIONS OF THESE TERMS OF USE, AND, AS BETWEEN YOU AND US, YOU HEREBY ASSUME ALL RISK OF HARM OR INJURY RESULTING FROM ANY SUCH LACK OF COMPLIANCE.
AVAILABILITY
While we endeavour to keep downtime to a minimum, we do not guarantee that this Website will be uninterrupted, secure or error-free. We reserve the right to interrupt/suspend this Website, or any part thereof, with or without prior notice for any reason and you shall not be entitled to any refunds of fees for interruption of this Website.
INTERNET SOFTWARE OR COMPUTER VIRUSES
Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Website. Due to the ability to share certain content and materials, computer viruses or other destructive programs may also be inadvertently downloaded from this Website.
KalSoft shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this Website or your downloading of any of User Materials or other content from this Website. KalSoft recommends that you install appropriate anti-virus or other protective software.
DISCLAIMER OF WARRANTIES
THIS WEBSITE, THE SERVICES AND THE CONTENT AND OTHER MATERIALS AVAILABLE THEREIN (“MATERIALS”) ARE PROVIDED “AS IS” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. KALSOFT DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE, THE SERVICES OR THE MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE SECURE, UNINTERRUPTED OR ERROR FREE. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, THEY WILL BE LIMITED TO THE SHORTEST DURATION PERMITTED BY LAW. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE-TO-STATE.
ACCESS RELATED TO ALLEGED VIOLATIONS
To ensure that we provide a high quality experience for you and for other users of this Website, you agree that we may access your Account and all information and any records related thereto on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of this Website, and you agree to give us full access to your Account and all information and records related thereto without the need for additional authorization and without any claim to privacy or other rights to such Account and related information and records.
We do not intend to disclose the existence or occurrence of such an investigation unless required by applicable law in the region or if requested by law enforcement officials, but KalSoft reserves the right to terminate your Account or your access to this Website immediately, with or without notice to you, and without liability to you, if we believe you have violated any of these Terms of Use, furnished false or misleading information, or interfered with use of this Website by others.
CONTACTING KalSoft
If you need to contact us regarding this Website or these Terms of Use, please e-mail us at info@kalsoft.com. You can also contact us via mail addressed to KalSoft, Suite 401, 50 Burnhamthorpe Road West, Mississauga, Ontario, L5B 3C2, Canada.