Terms of Service Agreement (“Agreement”)

Welcome to Solutions ConSer Labs (“Provider”), a technology service (“Hosted Service”) that enables a person or organization ("Customer") to run their business operations . This page explains the terms by which the Customer may use the Provider Hosted Service, including but not limited the Provider interactive and/or mobile apps, web sites, and software.

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ACKNOWLEDGEMENT & ACCEPTANCE
By using or accessing the Hosted Service from the Provider, the Customer represent that he have read, understood, and agree to be bound by the current Terms of Service Agreement (“TOS” or “Agreement”). This Agreement applies to Customers who access the Hosted Service (“Users”).

The Customer acknowledge and agree that the Provider may amend this TOS at any time by posting a revised version of this Agreement for the Hosted Service or by notifying Customers directly at the Provider’s discretion. By continuing to use the Hosted Service after any changes are made to this Agreement the Customer consent to such changes. The Provider will not assume any obligation to notify Users of any changes to this Agreement, or the creation or modification of any additional terms. The Customer is responsible for remaining knowledgeable about the up-to-date Terms of this Agreement.

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Hosted Services

The Provider shall create an Account for the Customer and shall provide to the Customer login details for that Account on or promptly following the registration.

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The Provider hereby grants to the Customer a worldwide, non-exclusive licence to use the Hosted Services by means of a Supported Web Browser for the internal business purposes of the Customer during the Term.

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The licence granted by the Provider to the Customer is subject to the following limitations:

1. the Hosted Services may only be used by the officers, employees, agents and subcontractors of either the Customer or an Affiliate of the Customer;

2. the Hosted Services may only be used by the named users identified in the Hosted Service user database, providing that the Customer may change, add or remove a designated named user; and

3. the Hosted Services must not be used at any point in time by more than the number of purchased users

 

Except to the extent expressly permitted in these Terms of Service or required by law on a non-excludable basis, the licence granted by the Provider to the Customer is subject to the following prohibitions:

1. the Customer must not sub-license its right to access and use the Hosted Services;

2. the Customer must not permit any unauthorised person to access or use the Hosted Services;

 

The Customer shall use reasonable endeavours, including reasonable security measures relating to administrator Account access details, to ensure that no unauthorised person may gain access to the Hosted Services using an administrator Account.

 

The Customer must not use the Hosted Services in any way that causes, or may cause, damage to the Hosted Services or impairment of the availability or accessibility of the Hosted Services.

 

The Customer must not use the Hosted Services:

1. in any way that is unlawful, illegal, fraudulent or harmful; or

2. in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

 

For the avoidance of doubt, the Customer has no right to access the software code (including object code, intermediate code and source code) of the Platform, either during or after the Term.

 

The Provider may suspend the provision of the Hosted Services if any amount due to be paid by the Customer to the Provider under the Agreement is overdue, and the Provider has given to the Customer at least 30 days’ notice by email to the Customer, following the amount becoming overdue, of its intention to suspend the Hosted Services on this basis.

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Customer Data

The Customer hereby grants to the Provider a non-exclusive licence to copy, reproduce, store, distribute, publish, export, adapt, edit, translate and transform the Customer Data to the extent reasonably required for the performance of the Provider's obligations and the exercise of the Provider's rights under the Agreement, together with the right to sub-license these rights to its hosting, connectivity and telecommunications service providers to the extent reasonably required for the performance of the Provider's obligations and the exercise of the Provider's rights under the Agreement.

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The Customer hereby grants to the Provider permission to monitor and analyse Customer's data for the limited purpose of operating, promoting, and improving the Provider's Services, and to develop new ones.

 

Mobile App

The parties acknowledge and agree that the use of the Mobile App, the parties' respective rights and obligations in relation to the Mobile App and any liabilities of either party arising out of the use of the Mobile App shall be subject to separate Terms of Service, and accordingly these Terms of Service shall not govern any such use, rights, obligations or liabilities.

 

Payments

The Provider has various levels of service that are billed on a subscription basis. When the Customer sign up for a subscription-billing based account, the Customer allow the Provide to bill his credit card for all the due charges. The Provider will re-bill for any failed billing or past-due amounts. The Customer will be billed starting the day he subscribe to the Hosted Service and on the same date for the given period selected. For all subsequent months, the Provider will bill the Customer a full month subscription fee regardless of whether he cancel within that month.

 

Acknowledgements and warranty limitations

The Customer acknowledges that complex software is never wholly free from defects, errors and bugs; and subject to the other provisions of these Terms of Service, the Provider gives no warranty or representation that the Hosted Services will be wholly free from defects, errors and bugs.

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The Customer acknowledges that complex software is never entirely free from security vulnerabilities; and subject to the other provisions of these Terms of Service, the Provider gives no warranty or representation that the Hosted Services will be entirely secure.

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The Customer acknowledges that the Provider will not provide any legal, financial, accountancy or taxation advice under these Terms of Service or in relation to the Hosted Services; and, except to the extent expressly provided otherwise in these Terms of Service, the Provider does not warrant or represent that the Hosted Services or the use of the Hosted Services by the Customer will not give rise to any legal liability on the part of the Customer or any other person.

 

Limitations and exclusions of liability

The Provider shall not be liable to the Customer in respect of any losses arising out of an event, or a series of related events, that is outside the reasonable control of the party affected (including failures of the internet or any public telecommunications network, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars);

 

The Provider shall not be liable to the Customer in respect of any loss of profits or anticipated savings, any loss of revenue or income, any loss of use or production or business, contracts or opportunities. The Provider shall not be liable to the Customer in respect of any loss or corruption of any data, database or software. The Provider shall not be liable to the Customer in respect of any special, indirect or consequential loss or damage.

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The liability of the Provider to the Customer under the Agreement in respect of any event or series of related events shall not exceed the greater of:

1. 100$ CAD; and

2. the total amount paid and payable by the Customer to the Provider under the Agreement in the 6 month period preceding the commencement of the event or events.   

 

Data protection

The Provider have in place appropriate security measures against unauthorised processing of Customer Personal Data and against loss or corruption of Customer Personal Data; However, we cannot guarantee that unauthorized third parties will not be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide such information at your own risk.

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The Provider may disclose the Customer Confidential Information to the Provider's officers, employees, professional advisers, insurers, agents and subcontractors who have a need to access the Customer Confidential Information for the performance of their work with respect to the Permitted Purpose and who are bound by a written agreement or professional obligation to protect the confidentiality of the Customer Confidential Information.

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The restrictions in this Clause do not apply to the extent that any Customer Confidential Information is required to be disclosed by any law or regulation, by any judicial or governmental order or request, or pursuant to disclosure requirements relating to the listing of the stock of the Provider on any recognised stock exchange.

 

Termination

The Provider may terminate the Agreement by giving to the Customer not less than 30 days' written notice of termination. The Customer may terminate the Agreement by giving to the Provider not less than 30 days' written notice of termination, expiring after the end of the Minimum Term. The Customer can request the termination by sending his written notice by email to “sales@conserlabs.com”.

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The Provider may terminate the Agreement immediately and notify of that fact by writing an email to the Customer if:

1. any amount due to be paid by the Customer to the Provider under the Agreement is unpaid by the due date and remains unpaid upon the date that that written notice of termination is given; and

2. the Provider has given to the Customer at least 30 days' written notice, following the failure to pay.

 

Law and jurisdiction

These Terms of Service Agreement  shall be governed by and construed in accordance with Quebec law (Canada).

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Any disputes relating to the Agreement shall be subject to the exclusive jurisdiction of the courts of Quebec.

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Interpretation

In these  Terms of Service, a reference to a statute or statutory provision includes a reference to:

1. that statute or statutory provision as modified, consolidated and/or re-enacted from time to time; and

2. any subordinate legislation made under that statute or statutory provision.

 

The Clause headings do not affect the interpretation of these Terms of Service.

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In these Terms of Service, general words shall not be given a restrictive interpretation by reason of being preceded or followed by words indicating a particular class of acts, matters or things.

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for any question, please email support@conserlabs.com

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This terms of service was last modified on December 23 , 2018.