Nesda Vault Terms and Conditions
Your use of secure.nesdavault.ca (Nesda Vault – NV) is subject to these Terms and Conditions. These Terms and Conditions are made up the Privacy Statement, Policy and Terms of Service/Use. If you are not willing to be bound by each and every term or condition, or if any representation made herein by you is not true, you may not use, and must cease using the NV.
Amendments to these Terms and Conditions may be made from time to time, including, but not limited to, all content, without notice to you. Continued use of the NV, should you deem to find the/any amendment unacceptable, will be viewed as your having accepted the/any amendment. You warrant that you possess the legal right and ability to agree to these Terms and Conditions and use the NV in accordance with them.
If you are using the NV on behalf of a corporation or other organization, you represent and warrant that you have the ability to agree to these Terms and Conditions on behalf of such
organization and all references to "you" throughout these Terms and Conditions will include such organization, jointly and severally with you.
You acknowledge and agree that the technical processing and transmission of the NV, including your content and any other content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.
We grant to you a non-exclusive, non-transferable, limited license only to use the NV, in accordance with the provisions set out in these Terms and Conditions. All rights not expressly granted to you in these Terms and Conditions are reserved by us and, if applicable, our licensors.
If your use of the NV requires an account identifying you as a user of the NV (an "Account" or “Login”), then, you are solely responsible for;
- your Account and the maintenance, confidentiality and security of your Account and all passwords related to your Account, and
- any and all activities that
occur under your Account, including all activities of any persons who gain access to your Account with or without your permission
You agree to provide assistance to us, as requested, to stop or remedy any breach of security related to your Account.
The NV depends on the Internet, including networks, cabling, facilities and equipment that is not in our control; accordingly
(i) any representation made by us regarding access performance, speeds, reliability, availability, use or consistency of the NV is on a "commercially reasonable efforts" basis,
(ii) we cannot guarantee any minimum level regarding such performance, speed, reliability, availability, use or consistency, and
(iii) data, messages, information or materials sent over the Internet may not be completely private, and your anonymity is not guaranteed.
Any data, messages, information or materials sent through/by the NV is privatized by encryption.
Without limiting the generality of any other restriction in these Terms and
Conditions, you agree that you will not, in connection with the NV, directly or directly do or permit any of the following:
- post, upload, reproduce, distribute or otherwise transmit any Content (defined below) that is unauthorized or unsolicited commercial communications,
junk or bulk communications or other "spam" (whether or not using e-mail services, including instant messaging,
blog or comment spam) or is otherwise duplicative or unsolicited, contains a virus, cancelbot, Trojan horse, worm or other harmful,
disruptive or surreptitious component, is defamatory, infringing, or unlawful, is inappropriate, profane, obscene, indecent materials or
information without suitable or lawfully-required access controls (which controls will in no event be our responsibility), gives rise to civil liability,
or otherwise violates the rights or assists others to violate the rights of us or any third party, such violations including engaging in copyright infringement,
invasion of privacy, trademark infringement or defamation, or constitutes a criminal offence, or otherwise engages in or assists others to engage in any criminal offence,
including communicating hatred, pyramid selling, unauthorized use of a computer, mischief in relation to data, fraud, obscenity and child pornography;
engage in threats, harassment, intimidation, stalking or abuse or any conduct that violates the legal rights of others, including the rights of minors and
rights relating to privacy and publicity; scan or probe another computer system, obstruct or bypass computer identification procedures or engage in
unauthorized computer or network trespass without the express permission of the owners of such computer systems; forge headers or otherwise manipulate
any protocols or identifiers used in any system or protocol in such a manner to disguise the origin of any data transmitted using the NV; impersonate or
falsely represent your association with any person, including a representative of us; disrupt or threaten the integrity, operation or security of any NV,
any computer or any Internet system; disable or circumvent any access control or related process or procedure established with respect to the NV;
sublicense, share, resell, reproduce, copy, distribute, redistribute, or exploit for any commercial purposes (except for your internal business purposes),
any portion of, use of or access to, any NV, except where expressly authorized by us; or extract, gather, collect, or store personal information
about others without their express consent.
Without limiting any of our rights, we may suspend, restrict or terminate your use of the NV without notice if, in our sole and absolute discretion,
we determine or believe that you have violated any of the acceptable use rules set out above.
We may, in our sole discretion, suspend, restrict or terminate your Account and your use of the NV, effective at any time, without notice to you, for any reason,
including because the operation or efficiency of the NV or our or any third party's equipment or network is impaired by your use of the NV,
any amount is past due from you to us, we have received a third party complaint which relates to your use or misuse of the NV, or you have been or are in breach of
any term or condition of these Terms and Conditions. We will have no responsibility to notify any third party, including any third party providers of services,
merchandise or information, of any suspension, restriction or termination of your access to the NV.
Using the NV provides acknowledgment, and acceptance, of all terms and conditions.
Some jurisdictions prohibit the disclaimer of certain warranties or conditions of the limitation of certain types of liability. In such circumstances,
to the extent that such prohibitions prohibit any exclusions and limitations in these terms and conditions, such exclusions and limitations will not apply
to you strictly to the extent necessary to make these terms and conditions consistent with such prohibitions. If any provision of these Terms and Conditions
is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability will attach only to such provision or part thereof and
the remaining part of such provision and all other provisions hereof will continue in full force and effect.
Our failure to insist upon or enforce strict performance of any provision of these Terms and Conditions will not be construed as a waiver of any provision or right.
The parties have requested and agree that these Terms and Conditions and all documents relating thereto be drawn up in English. Les parties ont demandé que cette
convention ainsi que tous les documents qui s'y rattachent soient rédigés en anglais.
The secure.nesdavault.ca, its design, all text, graphics, content, video, audio and the selection and arrangement thereof are the property of Nesda Technologies Ltd,
and/or its various subsidiaries, affiliates, Nesda Technologies Ltd, third party providers and distributors ("Third Parties"), and are protected under the
copyright laws of Canada and other countries. None of the content found on secure.nesdavault.ca may be reproduced, republished, distributed, displayed, sold, transferred,
or modified without the express written permission of Nesda Technologies Ltd and/or the applicable Third Parties.
Nesda Technologies Ltd, secure.nesdavault.ca, and all other Nesda Technologies Ltd related trademarks and design marks displayed on secure.nesdavault.ca
(collectively, the "Trademarks") are registered and common law trademarks of Nesda Technologies Ltd. Other trademarks and design marks appearing on this
NV are trademarks of their respective owners.
All login names and passwords remain the property of Nesda Technologies Ltd, and may be cancelled or suspended at any time by Nesda Technologies Ltd without any notice or
liability to you or any other person. Nesda Technologies Ltd is not under any obligation to verify the actual identity or authority of the user of any login name or password.
You shall indemnify and save harmless Nesda Technologies Ltd, and any Third Parties, and their respective officers, directors, employees, consultants, representatives and
agents from and against any claim, cause of action or demand, including without limitation reasonable legal, accounting and other professional fees, brought as a result of
your use of secure.nesdavault.ca.
The relationship between Nesda Technologies Ltd and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees
will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of these Terms and Conditions or your use of secure.nesdavault.ca.
This Agreement and its performance shall be governed by the laws of the Province of Ontario, Canada. You consent and submit to the exclusive jurisdiction of the courts
located in the City of Belleville, in the Province of Ontario, Canada, in all disputes arising out of or relating to the use of secure.nesdavault.ca and these Terms and Conditions.
Definitions:
“Content" means all materials and content, including designs, editorial, text, graphics, audiovisual materials, multimedia elements, photographs, videos,
music, sound recordings, reports, documents, software, information, formulae, patterns, data and any other work.
Nesda Vault Privacy Statement and Policy
You acknowledge that you have read the Privacy Statement carefully and in full. The Privacy Statement may be updated/amended
from time to time, at our discretion and we are not required to provide you notice to such updates/amendments.
Nesda Vault Privacy Statement
You consent to the collection, use and disclosure by us of your personal information (whether previously collected or to be collected)
in relation to secure.nesdavault.ca, for the purposes identified within. You also consent to our use of such personal information in accordance with applicable terms and conditions.
By accessing secure.nesdavault.ca you accept all the terms and conditions of this Privacy Statement. If you do not agree with the terms and conditions of this Privacy Statement,
you must immediately cease using and accessing secure.nesdavault.ca and any content, services or products contained in or available from secure.nesdavault.ca for which you need to
provide personal information.
We may collect and use personal information (including name, address, telephone number and email address) in order to:
- respond to queries or requests submitted by you
- process orders or applications submitted by you
- administer or otherwise carry out our obligations in relation to any agreement you have with us
- anticipate and resolve problems with any products or services supplied to you
- better tailor and improve the features of products and services
- create products or services that may meet your needs.
As set out in this Privacy Statement, we will not disclose any personally identifiable information without your permission unless we are legally entitled or required to do so
(for example, if required to do so by legal process or for the purposes of prevention of fraud or other crime) or if we believe that such action is necessary to protect and/or
defend our rights, property or personal safety and those of our users/customers etc.
In the event our company, or part thereof, is acquired by another company, that company may use your personal data in accordance with this Privacy Statement.
If at any time this NV offers any e-mail, feedback or forum facilities, we may collect the information, which you disclose. Such information will be used in accordance with this Privacy Statement.
We aim to keep our information about you as accurate as possible. If you would like to review or change the details you have supplied us with, please contact us as set out below.
We have implemented technology and policies with the objective of protecting your privacy from unauthorized access and improper use and will update these measures as new technology
becomes available, as appropriate.
We cannot be responsible for the Privacy Statements and practices of other service providers connected to the NV if you are utilizing their services even if:
- you accessed the third party provider using a link from within the NV; or
- you linked to the NV from a third party NV
We recommend that you check the statement of each service provider and contact the owner or operator of such service if you have any concerns or questions.
Contact Information;
info@nesdavault.ca