1. CONTRACTUAL RELATIONSHIP
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
Globi may, in its discretion, immediately amend or terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason. By accessing and using the Services, you acknowledge that you have read, understood, and agree to accept and be bound by this Agreement, as amended, and you agree to comply with any and all laws and regulations applicable to you when accessing and using the Services. Any amendments to the Agreement will be effective upon Globi’s posting of such updated Terms on this Website or, as applicable, our other Websites in respect of your subscribed Services. Globi recommends that you review the then current Terms each time that you access or use the Services as the Terms may have been modified since your last access. The most recent date on which the Terms were updated will be indicated above. The most current version of the Agreement will be available on our Website and supersede all prior versions of the Agreement. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Agreement (including the Terms), as amended.
2. THE SERVICES
By accessing the Websites online and following instructions thereafter, you may subscribe for, and thereafter access and use the Services and the Apps related thereto (collectively, all such users of the Websites, Services and Apps are collectively referred to as the "Users" and each is referred to as a "User").
Each User shall comply to the terms and conditions of this Agreement in respect of such User's access and use of the Services, Apps and Websites.
Subject to your compliance with these Terms, Globi grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferrable license and right to: (a) access and use the Websites and subscribed for Services online from your tablet or personal computer or as we may otherwise authorize; (b) access and use the Apps and any content, information and related materials that may be made available through the Services, in each case, solely as set out on the applicable Websites and as we may otherwise authorize; and (c) any intellectual property of Globi in the furtherance of the license and right described in the subject matter of clause (a) and clause (b) above in this paragraph of this Section 3. Any rights not expressly granted herein are reserved by Globi and Globi’s licensors.
You shall not and you shall not assist other to: (a) remove, alter, cover or obscure any confidentiality, trademark, logo, copyright, patent or other proprietary notices, legends, symbols or labels from any portion of the Services, Apps or Websites; (b) reverse engineer, decompile, or disassemble the Services or Apps except as may be permitted by applicable law; (c) link to, mirror or frame any portion of the Services unless expressly offered as a feature as part of the Services; (d) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or, as applicable, the Apps except as expressly permitted by Globi; (e) use any trademarks or copyrightable information of Globi or its licensors in any way except as expressly provided herein; (f) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or Apps or unduly burdening or hindering the operation and/or functionality of any aspect of the Services or Apps; (g) use the Websites, Services or Apps in any manner that conflicts with the license and rights granted herein; or (h) attempt, directly or indirectly, to gain unauthorized access to, or impair or interfere with, any aspect of the Services or Apps, including any security features thereto.
The Services, Apps and Websites, together with any of our content related to Services, Apps and Websites, and all rights therein, including any intellectual property related to the Services, Apps and Websites, together with any of our content related to the Services, Apps and Websites, are and shall remain Globi’s exclusive property or, as applicable, the property of Globi’s licensors. Neither this Agreement, these Terms nor your access or use of the Services convey or grant to you any rights: (a) in or related to the Services except for the limited license granted above; or (b) to use or reference in any manner Globi’s company names, logos, product and service names, trademarks or services marks or those of Globi’s licensors. You shall not at any time, directly or indirectly, challenge our ownership of the Services, Apps and Websites and, as applicable, any of our content related to the Services, Apps and Websites, including any intellectual property related to or associated with any of the foregoing, or the validity of any intellectual property related to or associated with the Services, Apps and Websites and, as applicable, any of our content related to the Services, Apps and Websites or any of our other property referred to herein.
Third Party Services and Content.
4. YOUR USE OF THE SERVICES
Your use of the Services, Apps and Websites is contingent upon: (a) you complying with the terms and conditions of the Agreement and all applicable laws; and (b) you complying with your payment obligations hereunder regarding the Fees.
By using the Services, you acknowledge that technical processing and transmission of information relating to the Services may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. We are, and shall, not be responsible or liable for any: (a) incorrect or inaccurate transmission or processing of information resulting from such networks; (b) interruption, deletion, omission, defect, or line failure of any network, including any telephone network, or electronic transmission; (c) problems relating to computer equipment, software, inability to access the Services or on-line service; or (d) other technical or non-technical error or malfunction.
You grant to us a non-exclusive, fully paid up and royalty free, sub-licensable, non-transferable license and right to use and disclose all User data or information provided to us, directly or indirectly, by you and any derived data resulting from your use of the Services (collectively, such User data, information and derived data is the "User Data") while using the Services for the provision of the Services, for our internal business purposes, including to develop and implement modifications to the Services, our marketing purposes and as otherwise contemplated herein. All User Data is and shall remain the property of the User. We may sublicense the license granted to us in respect of the User Data to our authorized subcontractors and service providers who provide us with services related to the Services, Apps and/or Websites.
Collection of your Personal or Other Information.
You will be required complete a registration with us to access and use the Services. You will be required to provide certain personal or other information, including an email address, password, company name and, as applicable, third party authentication token. You agree that such information will be true, accurate and complete, and that you will update this information promptly when it changes. If you provide any information that is untrue or inaccurate, not current, or incomplete, or if we suspect that your information is untrue or inaccurate, not current, or incomplete, we may, in our sole discretion, suspend or terminate your right to access the Services. Such information is required as part of our corporate internal verification of all Users and security purposes. We will communicate with you primarily by emails. Once Users are registered, they may access and use the Services and Apps.
To use most aspects of the Services, you must register for and maintain an active personal user Services account ("Account"). To obtain an account, you must be at least 18 years of age, or the age of legal majority in your jurisdiction (if the legal age of majority is greater than 18). Account registration requires you to submit to Globi certain personal or other information, as mentioned above, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree that the information that you provide us regarding your Account will be entirely truthful and accurate. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or Globi’s termination of these Terms with you. Unless otherwise permitted by Globi in writing, you may only possess one Account.
You may be asked to create a username and password, or may be required to provide other authentication means, in connection with such an Account. You are responsible for maintaining the confidentiality of any information regarding the Account and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use of your Account or any other breach of security that you become aware of. Globi cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 4.
User Requirements and Conduct.
In addition to the legal majority restrictions set out above, you may not assign or otherwise transfer your Account to any other person or entity. You agree to use the Services for only lawful purposes and agree to comply with all applicable laws when accessing or using the Services. You will not, in your use of the Services, directly or indirectly: (a) cause nuisance, annoyance, inconvenience, or property damage, whether to us, any other Users or any other service provider; (b) solicit others to perform or participate in any unlawful acts; (c) violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) infringe upon or violate our intellectual property rights or the intellectual property rights of others, including to store any infringing or misappropriated materials of any kind; (e) harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) submit false or misleading information; (g) send any spam materials or unsolicited emails to other Users or third parties in any manner; (h) gain unlawful access or hack our or any User's or third party's system; (i) upload, store or transmit any infringing or misappropriated materials of any kind; (j) cause any loading on our system which adversely affects other Users of the Services; or (k) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services. In certain instances, you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity. You are and shall be solely responsible for your access and use of the Services, including where such use includes interfacing or linking up with third party service providers and any damage that such access and use of the Services may have on your data, databases or other assets or property.
By creating an Account, you agree that Globi may send you email messages as part of the normal business operation of your use of the Services. You may opt-out of receiving marketing-based email messages from Globi at any time by following the directions found in our emails to you. You acknowledge that opting out of receiving email messages may impact your use, or continued use, of the Services.
We may provide promotional programs from time-to-time for the Users and we will notify the Users of such promotional programs through emails or when accessing or using the Services, Apps or Websites.
Network Access and Devices.
You are responsible for: (a) obtaining the data network access necessary to access and use the Services, Apps and Websites and for payment of any fees regarding same; and (b) acquiring and updating compatible hardware or devices necessary to access and use the Services, Apps and Websites and any updates thereto. Globi does not guarantee that the Services, or any portion thereof, or the Apps will function on any particular hardware or devices. In addition, the Services and Apps may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
You understand that use of the Services will result in fees payable by you to us for the Services you receive from us ("Fees"). The Fees for each of the Services that you may use are set out in the sign-up sheet to the Services that you have subscribed for. You will be required to pay the Fees, and any applicable sales or other similar taxes that may be required by law shall be included in the Fees and, as applicable, we shall be solely responsible for any remittance applicable thereto. You will pay the full amount payable for the Service through our third party service provider's payment gateway platform, and, as such, you shall comply with all applicable terms and conditions of such third party payment provider. We will notify you by email or other electronic means of the Fees applicable to the Services you have obtained. The Fees paid by you are final and non-refundable, unless otherwise determined by Globi.
All Fees are due immediately and payment will be facilitated by Globi using the preferred payment method designated in your Account, after which Globi will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Globi may use a secondary payment method in your Account, if available, failing which your Account will be suspended until we receive an updated valid Account payment method.
As between you and Globi, Globi reserves the right to change Fees for Services obtained at any time in Globi’s sole discretion upon Globi providing you with written notice of such change.
6. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation to: (a) maintain any comments in confidence; (b) pay compensation for any comments; or (c) respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services, Apps or Websites obtained therefrom. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
7. CONFIDENTIALITY (Internet and Email) AND TRANSMISSION OF DATA
Globi cannot ensure the privacy and authenticity of any information you send to us or that we send to you over the Internet. Globi will not be responsible for any losses or damages you may incur if you communicate confidential information to us over the internet or if we communicate such information to you at your request.
Emails over the Internet is not a secure medium and privacy cannot be assured. Email communication is not confidential, is subject to possible interception or loss, and is also subject to possible alteration. Globi is not responsible for and will not be liable for any loss or damages in connection with any email containing personal or confidential information sent by you to Globi, or an email by Globi to you at your request.
The transmission of data or information over the Internet or other forms of networks may not be secure, and is subject to possible loss, interception or alteration while in transit. Globi cannot guarantee the security of any communication to or from the Websites or through the Services. Globi does not assume any liability for any damage you may experience or costs you may incur as a result of any electronic transmissions over the Internet, other forms of networks or otherwise while accessing and/or using the Services, Apps and Websites.
8. ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Websites or through the Services that contains typographical errors, inaccuracies or omissions that may relate to the Services, Apps and Websites. We reserve the right to correct any errors, inaccuracies or omissions, and to take any additional action thereto at any time and without prior notice.
We undertake no obligation to update, amend or clarify information in the Services, including pricing information, except as required by law. No specified update or refresh date applied in these Terms or on any related Websites, should be taken to indicate that all information in these Terms or on any related Websites have been modified or updated.
Downloading any information, including any content, when accessing or using the Websites and/or Services is solely at your own risk. Globi cannot and does not guarantee or warrant that the content will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your device and you are responsible for the entire cost of any services, repairs or connections of and to your device which may be necessary as a result of your access and use of the Services, Apps and/or Websites.
9. LIMITED WARRANTY; DISCLAIMERS
Limited Warranty for Services.
Globi warrants to you that the Apps will be free from viruses and/or any malicious code.
If, despite its reasonable efforts, we are unable to remedy any breach of the limited warranty set out in the first paragraph of this Section 9, then, subject to the limitations set forth in Section 11, you may pursue remedy at law to recover direct damages resulting from the breach of this limited warranty. These remedies are exclusive and are in lieu of all other remedies, and our sole obligations for breach of this limited warranty are contained in the first paragraph of this Section 9. You also agree that the remedy set out in this paragraph of Section 9 regarding a breach of the limited warranty is adequate. The limited warranty described in this first paragraph of this Section 9 will be abrogated to the extent that you do not implement changes that we provide to correct the reported breach.
EXCEPT FOR THE LIMITED WARRANTY SET OUT ABOVE IN THIS SECTION 9, THE WEBSITES AND SERVICES, AND INFORMATION (INCLUDING ANY OF OUR CONTENT) ON OR OBTAINED FROM THE WEBSITES OR THE SERVICES, ARE PROVIDED "AS IS" AND "AS AVAILABLE."
EXCEPT AS EXPRESSLY SET OUT IN THIS AGREEMENT, GLOBI MAKES NO OTHER REPRESENTATION, WARRANTY, COVENANTS, CONDITION OR UNDERTAKING WHATSOEVER, EXPRESS OR IMPLIED, WITH REGARD TO THE SERVICES, APPS AND WEBSITES, AND INFORMATION (INCLUDING ANY OF OUR CONTENT) ON OR OBTAINED FROM THE SERVICES, APPS OR WEBSITES, OR OTHERWISE IN RESPECT OF THIS AGREEMENT, IN WHOLE OR IN PART, INCLUDING ANY REPRESENTATION, WARRANTY, CONDITION OR UNDERTAKING REGARDING THE CONDITION, ACCURACY, SUITABILITY, OR QUALITY OF OR TITLE TO THE SERVICES OR ANY LICENSED RIGHTS HEREUNDER. GLOBI EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW, OF ANY KIND, RELATING TO THE SERVICES, APPS OR WEBSITES OR ANY INFORMATION (INCLUDING ANY OF OUR CONTENT) ON OR OBTAINED FROM OR THROUGH THE SERVICES, APPS OR WEBSITES IN ANY MANNER.
GLOBI MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING: (A) THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES, APPS OR WEBSITES; (B) THAT THE SERVICES OR APPS WILL MEET YOUR REQUIREMENTS; (C) THAT THE SERVICES, APPS OR WEBSITES, IN WHOLE OR IN PART, WILL BE ERROR FREE OR, AS APPLICABLE, WILL OPERATE OR WILL CONTINUE TO OPERATE WITHOUT INTERRUPTION; (D) THAT THERE WILL BE NO DELAYS, FAILURES, ERRORS (INCLUDING TYPOGRAPHICAL) OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, THAT ACCESS OVER THE INTERNET WILL BE SECURE, THAT NO VIRUSES OR OTHER CONTAMINATING OR DESTRUCTIVE PROPERTIES WILL BE TRANSMITTED THROUGH THE USE OF THE SERVICES, APPS OR WEBSITES OVER THE INTERNET; OR (E) THAT NO DAMAGE WILL OCCUR TO YOUR TABLET, PESONAL COMPUTER SYSTEM OR OTHER SYSTEM OR DEVICE RESULTING FROM ACCESSING AND/OR USING ANY SERVICES, APPS OR WEBSITES.
ALL IMPLIED CONDITIONS AND WARRANTIES REGARDING THE SERVICES, APPS AND WEBSITES ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS.
Any information provided on or through the Websites, or through the use of the Services and Apps is provided by such third party on an “AS IS” and “AS AVAILABLE” basis, and we do not review it. We do not warrant or guarantee the truth, accuracy or completeness of this information. You agree that we shall have no liability whatsoever for any such third party material, data or information. We expressly disclaim any and all liability with respect to any reliance on or decisions made by you based on the information provided on or through the Websites, or through your use of the Services and Apps. No advisory, agency, fiduciary or other relationship is created between Globi and you by your use of the of the Services, Apps or Websites or any information thereon or therefrom (as applicable). No one should act, or refrain from acting, based solely upon this or other general information without first seeking appropriate legal or other professional advice.
YOU ACKNOWLEDGE AND AGREE THAT: (A) YOUR ACCESS AND USE OF, AND YOUR RELIANCE ON OR DECISIONS MADE REGARDING, THE SERVICES, APPS AND WEBSITES, AND, AS APPLICABLE, ANY INFORMATION (INCLUDING ANY OF OUR CONTENT) ON OR OBTAINED FROM THE SERVICES, APPS AND WEBSITES SHALL BY AT YOUR SOLE RISK; AND (B) YOU SHALL BE SOLELY RESONSIBLE AND LIABLE YOUR ACCESS AND USE OF, AND YOUR RELIANCE ON OR DECISIONS MADE REGARDING, THE SERVICES, APPS AND WEBSITES, INCLUDING AMONG OTHER PROVISIONS SET OUT HEREIN (I) ANY RELATIONSHIP, TRANSACTION, INTERACTION OR OTHER EXCHANGE THAT YOU MAY HAVE WITH ANY OTHER USER OR ANY CONSULTANT OR THIRD PARTY SERVICE PROVIDER THROUGH YOUR ACCESS AND USE OF THE SERVICES, APPS AND WEBSITES, AND (II) ENSURING THAT YOU COMPLY AT ALL TIMES WITH ALL APPLICABLE LAWS, REGULATIONS, RULES AND GUIDELINES, INCLUDING IN RESPECT OF ANY PRIVACY LAWS AND RULES THAT MAY BE APPLICABLE TO YOU THROUGH YOUR ACCESS AND USE OF THE SERVICES, APPS AND WEBSITES.
YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT AND TO TAKE REASONABLE AND APPROPRIATE PRECAUTIONS TO SCAN FOR VIRUSES OR OTHER DESTRUCTIVE PROPERTIES. GLOBI DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF ANY THIRD PARTY SERVICE PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, APPS AND WEBSITES AND/OR ANY INFORMATION (INCLUDING ANY OF OUR CONTENT) ON OR OBTAINED FROM THE SERVICES, APPS AND WEBSITES, AND ANY SERVICE OR GOOD REQUESTED OR PROVIDED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
You agree that from time to time we may prevent you from accessing the Services and/or remove the Services thereon for indefinite periods of time or cancel the Services at any time, without notice to you.
As a condition of use of the Services, you agree to indemnify, defend and hold harmless Globi, its affiliates, its successors in interest, and the respective shareholders, directors, officers, consultants and agents of Globi, its affiliates, and its successors in interest (collectively, the "Indemnified Parties" and each an "Indemnified Party") from and all claims, demands, losses, liabilities, and expenses, including reasonable lawyers' and advisors’ fees and costs, incurred or suffered by any of the Indemnified Parties in connection with, related to or arising out of: (a) your breach of the Agreement, including these Terms, and the documents they incorporate herein by reference; (b) your access and use of the Services, Apps or Websites or services or goods obtained or provided by you in connection therewith; (c) your violation of any law or the rights of any third party; (d) Globi’s use of the User Data provided, directly or indirectly, by you while accessing and using the Services in accordance with this Agreement; or (e) any claims by other Users regarding any damages or losses that such Users may have suffered or incurred through your use of the Services, Apps or Website . You agree to cooperate fully in Globi's defense of any such claim. You agree that you will not in any event settle any matter involving Globi, whether or not the settlement binds or is on behalf of Globi, without the written consent of Globi.
11. LIMITATION OF LIABILITY
EXCEPT AS SET OUT BELOW IN THIS SECTION 11, IN NO EVENT SHALL GLOBI’S AGGREGATE TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE LESSER OF THE FOLLOWING: (A) THE FEES THAT YOU PAID US FOR SUCH SERVICES UNDER OR PURSUANT TO THIS AGREEMENT FOR THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH LIABILITY FIRST AROSE; AND (B) FIVE HUNDRED CANADIAN DOLLARS ($500).
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU RELEASE GLOBI FROM, AND IN NO EVENT SHALL GLOBI BE LIABLE TO YOU IN ANY MANNER WHATSOEVER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, AGGRAVATED, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOSSES (INCLUDING ANY LOST PROFITS, LOSS OF USE, LOST DATA, PERSONAL INJURY, PROPERTY DAMAGE, FINES, FEES, PENALTIES OR OTHER LIABILITIES) HOWSOEVER CAUSED ARISING OUT OF THE OBLIGATIONS HEREUNDER OR OTHERWISE RELATING TO OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING RESULTING FROM ANY ACCESS AND USE OF THE SERVICES, APPS AND WEBSITES AND/OR ANY INFORMATION (INCLUDING ANY OF OUR CONTENT) ON OR OBTAINED FROM OR THROUGH THE FOREGOING, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL THEORY, EVEN IF THEY WE FORESEEABLE, NOTWITHSTANDING THAT GLOBI HAS, OR ITS DIRECTORS, OFFICERS, EMPLOYEES, SUPPLIERS OR AGENTS HAVE, BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
GLOBI SHALL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES THAT YOU OR ANY USER MAY INCUR OR SUFFER ARISING OUT OF (A) YOUR ACCESS AND USE OF, AND YOUR RELIANCE ON OR DECISIONS MADE REGARDING, THE SERVICES, APPS AND WEBSITES, AND, AS APPLICABLE, ANY INFORMATION (INCLUDING ANY OF OUR CONTENT) ON OR OBTAINED FROM THE SERVICES, APPS AND WEBSITES, (B) YOUR INABILITY TO ACCESS OR USE THE SERVICES, APPS OR WEBSITES (C) YOUR FAILURE TO BACK UP YOUR INFORMATION REGULARLY, (D) LOSS OF ANY DATA RESULTING FROM ANY USER CREATED AUTOMATIONS OR SCRIPTS, (E) ANY BREACH OF THIS AGREEMENT BY YOU OR ANY OTHER USER, INCLUDING ALL YOUR AND OTHER USER OBLIGATIONS SET OUT IN THIS AGREEMENT, THE WEBSITES OR THROUGH THE ACCESS AND USE OF THE SERVICE AND APPS, (F) ANY RELATIONSHIP, TRANSACTION, INTERACTION OR OTHER EXCHANGE THAT YOU MAY HAVE WITH ANY OTHER USER OR ANY CONSULTANT OR THIRD PARTY SERVICE PROVIDER IN RESPECT OF YOUR ACCESS AND USE OF THE SERVICES, THE APPS AND/OR WEBSITES, EVEN IF GLOBI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. GLOBI SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND GLOBI’S REASONABLE CONTROL.
YOU AGREE THAT GLOBI HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SERVICES PROVIDED TO YOU BY US OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AS AMENDED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Globi may give notice by means of a general notice on the Services, electronic mail to your email address associated with your Account, or by written communication sent to your address as set forth in your Account. You may give notice to Globi as set out below in the Agreement.
13. GOVERNING LAW
This Agreement shall be governed by and construed and enforced in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to any principles of conflicts of law, and shall be treated in all respects as an Alberta contract. The Parties consent to the exclusive jurisdiction of the Courts of the Province of Alberta for the purpose of any action or proceeding brought by either of them in connection with or arising out of this Agreement and consent to the venue of such Courts in the City of Calgary in the Province of Alberta. Application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from this Agreement to the extent that such laws may apply herein or to any agreement or document hereto and the Uniform Computer Information Act does not apply to this Agreement.
14. INTELLECTUAL PROPERTY
All information provided or accessed through the Services or the Websites is protected under intellectual property laws, including the copyright laws, of Canada and, as applicable, other countries. The contents on the Websites, or accessed through the Services, may not be otherwise used, copied, redistributed, reproduced, republished, stored in any medium, retransmitted, modified or broadcasted, in any form.
15. SUSPENSION AND TERMINATION
You acknowledge and agree that Globi may restrict, suspend, or terminate your access to, and use of, all or any part of the Services, at any time, with or without cause, including any breach of the terms of the legal notices set out herein, in Globi's absolute discretion and without prior notice or liability.
You may terminate this Agreement at any time by cancelling the Account on the account page related to the Services you subscribed for.
All terms and provisions of this Agreement, which by their nature are intended to extend beyond the expiration or termination of this Agreement, shall remain in full force and effect until fulfilled and/or performed and without limiting the generality of any of the foregoing, the provisions contained in Sections 7, 10, 11, 12 and 13, and, to the extent they apply to the previous Section, Sections 15, 16 and 17 shall survive the termination of this Agreement.
16. GENERAL TERMS
In this Agreement, (a) "hereto", "hereof", "herein", "hereby", "hereunder" and any similar expression means this Agreement, as any of the foregoing may be amended from time to time in accordance with the provisions hereof and (b) the words "including" and "include" mean "including, but not limited to".
This Agreement constitutes the entire agreement between you and us regarding the subject matter set out in these Terms and the Services you are using and governs your use of the Services. This Agreement supersedes and replaces any and all prior or contemporaneous agreements, undertakings, negotiations, proposals and discussions, whether oral or written, between you and us with respect to the subject matter of this Agreement. There are no other promises, representations, warranties or collateral terms or conditions or collateral agreements affecting this Agreement.
You may not assign or transfer the Agreement, including the Terms, in whole or in part without Globi’s prior written approval. Globi may assign or transfer the Agreement, including the Terms, in whole or in part without any prior written approval.
The relationship between the you and us is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, franchise joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever. Each party hereby acknowledges and agrees that it will not, and has no authority to, enter into any agreement on behalf of or otherwise obligate or bind the other party.
In case any one or more of the provisions contained in this Agreement shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect the other provisions of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.
All remedies provided in accordance with this Agreement are cumulative and are in addition to any and all legal rights of the parties herein.
Except as expressly provided herein, the waiver by any party hereto of any right hereunder or of any failure to perform or any breach by any other party shall not be deemed a waiver of any other right hereunder or of any other failure to perform or breach by such other party, whether of a similar nature or otherwise, nor shall any singular or partial exercise of such right preclude any further exercise thereof or the exercise of any other such right.
This Agreement shall enure to the benefit of and be binding upon the parties hereto and, as applicable, each party’s respective successors, heirs, executors, assigns and legal representatives, as applicable.
Neither party shall be responsible for failure to perform under this Agreement (other than with respect to a Party's payment obligations) when its failure results from any of the following causes: Acts of God or public enemies, civil war, insurrection or riot, epidemic, pandemic or any other infectious disease, fire, flood, explosion, earthquake or serious accident, strike, labor trouble or work interruption or any cause beyond its reasonable control, except where such cause could or should have been prevented by a party acting in a competent and reasonable manner. This force majeure provision shall not apply in respect of your obligation to pay the Fees in respect of the Services provided.
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
17. CONTACT INFORMATION
Questions about the Terms should be sent to us in writing by email at email@example.com or by mail at:
PO Box 318, 1500 - 14th Street SW,
Calgary, AB, T3C 1C9
This Agreement was last updated and is effective as of 20 March, 2023. © 2023 Globi Corporation. All rights reserved. Reproduction in whole or in part without permission is prohibited.