Terms and Conditions for the Online Sale of Services
Last Updated: December 20, 2020
These Terms and Conditions for the Online Sale of Services (these "Terms") apply to the purchase of services from TechJutsu Inc. ("TechJutsu" or "we") through https://www.techjutsu.ca (the "Site") by you (the "Customer" or "you"). In these Terms, TechJutsu and Customer are collectively referred to as the "Parties" and each individually referred to as a "Party". These Terms are subject to change by TechJutsu without prior written notice at any time and in its sole discretion. Any changes to these Terms will be in effect as of the "Last Updated Date" above. You should review these Terms before purchasing any services that are available through the Site. Your continued use of the Site after the "Last Updated Date" will constitute your agreement to such changes.
These Terms contain very important information regarding your rights and obligations, as well as conditions, limitations and exclusions of liability that may apply to you. Please read it carefully.
TechJutsu provides services intended solely for business use in Canada and the United States of America. By placing an order for services from the Site, you affirm that you are of legal age to enter into this agreement, and you accept and are bound by these Terms. You affirm that if you place an order on behalf of an organization or company, you have the legal authority to bind any such organization or company to these Terms.
You may not order or obtain services from the Site if you: (i) do not agree to these Terms; (ii) reside outside Canada or the United States of America; (iii) are not the age of majority in your province, state or territory of residence; or (iv) are prohibited from accessing the Site or any of the Site's contents or services by applicable law.
1. Customer Account
2. Order Acceptance, Cancellation and Modification
Customer's order from the Site is an offer to buy, under these Terms, all services listed in the order (the "Services"), which may require the development of certain deliverables (the "Work Product"). All orders must be accepted by TechJutsu or TechJutsu will not be obligated to sell the Services to Customer. TechJutsu may choose not to accept orders in its sole discretion, even after sending a confirmation email with Customer's order number and details of the Services. Timing for performance of the Services is dependent upon availability of resources and no specific timing can be guaranteed. If a modification to an order is required, Customer must submit a written request for such modification to TechJutsu. Such request may be accepted or rejected in TechJutsu's sole discretion.
All prices, discounts, and promotions posted on the Site are subject to change without notice. The price charged for a service will be the price advertised on the Site at the time the order is placed, subject to the terms of any promotions or discounts that may be applicable. The price charged will be clearly stated in your order confirmation email. Price increases will only apply to orders placed after the time of the increase. Posted prices are stated in Canadian dollars and do not include taxes. All taxes will be added to the total price and itemized in the confirmation email for an order. TechJutsu strives to display accurate price information; however, it may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept approved credit cards for all purchases. Customer represents and warrant that (i) the credit card information supplied is true, correct, and complete, (ii) it is duly authorized to use such credit card for the purchase, (iii) charges incurred by Customer will be honoured by its credit card company, and (iv) it will pay charges incurred by Customer at the posted prices, as well as all applicable taxes.
5. General TechJutsu Responsibilities
TechJutsu shall: (i) perform the Services in accordance with these Terms; and (ii) assign personnel of appropriate qualifications and experience to perform and fulfill TechJutsu's obligations under these Terms.
6. General Customer Responsibilities
Customer shall: (i) cooperate reasonably with TechJutsu in connection with the performance of the Services, including, if applicable, the provision of appropriate facilities, documents and information as well as access to appropriate personnel necessary for TechJutsu's performance of the Services; (ii) promptly respond to requests for instruction, information or otherwise so that TechJutsu can perform the Services in accordance with these Terms; (iii) perform or fulfill all obligations required to be performed or fulfilled by Customer under these Terms; (iv) prior to the commencement of the Services, designate an individual who will be the point of contact for communications between the Parties with respect to the Services, and who will have the authority to act on behalf of Customer in all matters regarding the Services; and (v) ensure the accuracy of any and all data provided to TechJutsu for its performance of the Services. Customer acknowledges that if it fails to perform its obligations in accordance with these Terms, TechJutsu's ability to provide the Services and meet any agreed timelines may be adversely affected.
7. Account Security
You are responsible for maintaining the security and confidentiality of your Account and password details and all activity associated with your Account. You agree to: (i) keep your password and online ID for both your Account and your email account secure and strictly confidential; (ii) maintain the security of your Account and email account; (iii) restrict access to your computer, mobile device and your Account and email account; (iv) notify us immediately and select a new online ID and password if you believe your password for either your Account or your email account may have become known to an unauthorized person; (v) notify us immediately if you are contacted by anyone requesting your online ID and password; and (vi) keep your email address listed on your Account current. Further, if we suspect any unauthorized access to your account, upon our request, you agree to promptly change your ID and password and take any other related action as we may reasonably request.
CUSTOMER ACKNOWLEDGES AND AGREES THAT: (i) TECHJUTSU WILL HAVE NO LIABILITY TO CUSTOMER FOR ANY UNAUTHORIZED ACTIONS MADE USING THE CUSTOMER'S ID OR PASSWORD; AND (ii) THE UNAUTHORIZED USE OF YOUR ONLINE ID AND PASSWORD FOR YOUR ACCOUNT OR YOUR EMAIL ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO TECHJUTSU.
Furthermore, TechJutsu will not be liable in any manner whatsoever for any injury, loss, or damage, arising from your negligence in securing your Account or your email account nor for any damage or loss suffered by you caused directly or indirectly from the unauthorized access or use of your Account whether or not such unauthorized access or use is caused by your negligence. You negligence includes, but is not limited to, forgetting to log out of the Account, providing or sharing login details to others or other acts or omissions by you affecting your Account or email account security. You shall be held liable for and agree to indemnify for any losses incurred or suffered by TechJutsu or a third party arising directly or indirectly from the unauthorized access or use of your Account whether or not such unauthorized access or use is caused by your negligence in securing your Account or your mobile device.
In these Terms, "Confidential Information" means any information identified by either Party as "confidential", or which, under the circumstances, clearly ought to be treated as confidential or proprietary, including but not limited to non-public information related to the disclosing Party's business, employees, service methods, software, documentation, financial information, prices, customers, and product and service plans. Confidential Information shall include TechJutsu's Intellectual Property (as defined in Section 9 below). Confidential Information does not include information that: (i) is at the time of disclosure, or thereafter becomes, part of the public domain through a source other than the receiving Party; (ii) is subsequently disclosed to the receiving Party by a third party that is not under an obligation of confidentiality with respect thereto; or (iii) is required to be disclosed by applicable laws.
B. Obligations of Confidentiality
Neither Party shall use nor disclose Confidential Information of the other Party except as required to fulfill a Party's obligations hereunder. The receiving Party shall use the same degree of care it uses to protect its own confidential information of like nature, which in no circumstances shall be less than a reasonable degree of care to maintain in confidence the Confidential Information of the disclosing Party.
9. Intellectual Property
In these Terms:
"Feedback" means any information provided by Customer to TechJutsu in respect to the Services and TechJutsu's provision of the Services that would reasonably be of assistance to TechJutsu in connection with the operation, use or commercialization of TechJutsu's Intellectual Property.
"Intellectual Property" means all discoveries, inventions, know-how, improvements, developments, processes, technology, compositions, designs, techniques, methods, industrial designs, prototypes, models, literary work, research, drawings, software and trade secrets, whether or not capable of patent, copyright protection, trademark registration or any other type of protection.
"Intellectual Property Rights" means all rights, title and interest of any kind that relate to any Intellectual Property, including but not limited to copyrights; copyright registrations, renewals and applications; patents, patent applications, divisions, continuations, extensions, continuations in part, renewals, reissues; and re-examination of patents and patent applications.
B. Intellectual Property
Customer agrees that any and all Intellectual Property created by, owned by or licensed to TechJutsu, or generated or acquired by TechJutsu and any associated Intellectual Property Rights, shall belong to TechJutsu. Without limiting the generality of the foregoing, TechJutsu or its licensors, as applicable, shall retain all Intellectual Property Rights in all software, templates, models, tools and other materials originated, prepared and/or developed by TechJutsu and which may be used by TechJutsu in its performance of the Services under these Terms.
C. Work Product
All Intellectual Property and Intellectual Property Rights in the Work Product shall remain the sole and exclusive property of TechJutsu or its licensors, as applicable. Customer is granted no title or ownership rights in or to the Work Product. Subject to these Terms, TechJutsu hereby grants to Customer a non-exclusive, royalty-free, perpetual, non-sub-licensable license to use the Work Product solely for its internal business purposes. Customer shall not: (i) modify the Work Product in any way, in whole or in part; (ii) copy or create a derivative work based on the Work Product or a part thereof; (iii) access the Work Product in order to build or help others build a competing solution; (iv) reverse-engineer, decompile, deconstruct, disassemble or otherwise make any attempt to discovery the underlying software, structure or algorithms of the Work Product; or (v) use the Work Product in contravention of any applicable laws. Notwithstanding the foregoing, Customer may translate any document provided to it by TechJutsu into any other language as may be needed for the Customer's internal business use of the Services and the Work Product.
D. Open Source Software
To the extent the Work Product includes open source software (i.e., publicly-available software subject to a license that, among other things, may require Customer to disclose, redistribute, and/or allow derivative works to be made of code used by the Work Product), Customer will only have licensed rights to such software equal to those held by TechJutsu.
All Feedback shall belong to TechJutsu.
F. Residual Knowledge
Nothing in these Terms shall prevent TechJutsu from using the general skill and knowledge acquired by TechJutsu and its personnel in the course of performing the Services and delivering the Work Product, to continue to perform services to develop work product similar to the Work Product for other customers.
G. TechJutsu Brand
Customer shall not defame nor disparage the TechJutsu brand or reputation including, without limitation, by making defamatory or disparaging statements in respect to the Services and the Work Product.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND WORK PRODUCT ARE PROVIDED AS-IS AND AS AVAILABLE, WITHOUT WARRANTY OF ANY KIND AND TECHJUTSU EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, AND GUARANTEES WITH RESPECT TO THE SERVICES AND WORK PRODUCT, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF PERFORMANCE, ACCURACY, OMISSIONS, COMPLETENESS OR TIMELINESS, AND ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
11. Indemnification and Release
You agree to defend, indemnify, and hold TechJutsu and its affiliates and subsidiaries, and their officers, directors, employees, agents and contractors, harmless from and against any and all claims, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees on a full indemnity basis, arising out of or in any way connected with: (i) your access to or use of the Site; (ii) your ordering, purchasing and use of the Services; and (iii) your violation of these Terms.
CUSTOMER HEREBY RELEASES, REMISES AND FOREVER DISCHARGES THE CURRENT AND FUTURE DIRECTORS, OFFICERS, SHAREHOLDERS AND EMPLOYEES OF TECHJUTSU, WHETHER IN THEIR PROFESSIONAL CAPACITY OR PERSONALLY, FROM ANY CLAIMS OF EVERY NATURE AND KIND WHICH CUSTOMER MAY NOW HAVE OR MAY HEREAFTER HAVE IN ANY WAY ARISING OUT OF, RELATED TO OR CONNECTED WITH ANY ONE OR MORE OF: (i) THE PROVISIONS OF THESE TERMS, (ii) THE SERVICES, AND (iii) THE WORK PRODUCT.
12. Limitation on Liability
THE MAXIMUM TOTAL LIABILITY OF TECHJUTSU TO CUSTOMER UNDER THESE TERMS SHALL BE LIMITED TO THE TOTAL FEES PAID BY CUSTOMER TO TECHJUTSU IN RESPECT TO THE SERVICES THAT GAVE RISE TO THE LIABILITY. NOTWITHSTANDING ANYTHING IN THESE TERMS, TECHJUTSU SHALL NOT BE RESPONSIBLE TO CUSTOMER FOR ANY LOSS OF PROFITS, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF TECHJUTSU HAS KNOWLEDGE OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE.
13. Personal Information
Customer shall not hire, or solicit the employment of, any personnel of TechJutsu directly or indirectly associated with TechJutsu’s performance of the Services. Notwithstanding the foregoing, nothing in this Section 15 will be construed to prohibit Customer from hiring any personnel of TechJutsu if the personnel, without solicitation or recruitment by Customer, responds to any advertisement for employment in a newspaper, electronic media, or other otherwise generally available public media.
B. No Contractual Interference
Without limiting the generality of Section 15 (a), Customer agrees that it shall not induce any personnel of TechJutsu to terminate their contractual relationship with TechJutsu.
TechJutsu personnel who either had previous commercial relationships with Customer prior to performance of the Services, or have relationships with other third parties that provide services to Customers, and personnel who are terminated by TechJutsu, are exempt from the provisions of Section 15 (a).
The obligations under this Section 15 shall remain in full force and effect for a period twelve (12) months from the date of that the Services are completed by TechJutsu for the Customer.
The Parties agree that nothing in these Terms will be construed to preclude TechJutsu from providing any services and/or products to any third party.
A. Governing Law and Jurisdiction
These Terms shall be interpreted and enforced in accordance with the laws in effect in Alberta and shall be treated as a contract made in Alberta. The Parties hereby irrevocably attorn and submit to the exclusive jurisdiction of the courts of Alberta. Any action brought in respect to these Terms or the Services shall be commenced in the Judicial District of the City of Calgary.
TechJutsu may provide any notice to the Customer under these Terms by: (i) sending a message to the email address Customer has provided in its Account; or (ii) posting to the Site. Notices sent by email will be effective when the email is sent and notices provided by posting to the website will be effective upon posting. It is your responsibility to keep your email address current.
Customer shall provide notice to TechJutsu by: (i) sending an email message to tracey.nyholt@TechJutsu.com; or (ii) registered or certified mail to 1401, 1110 11 Street SW, Calgary, Alberta, T2R 1S5. TechJutsu may update the contact email or address for notices by posting a notice on the Site. Notices sent by email will be effective when the email is sent and notices provided by registered or certified mail will be effective the day they are received by TechJutsu.
C. Entire Agreement
These Terms and the order placed by the Customer on the Site and accepted by TechJutsu constitute the entire agreement between the Parties and supersedes all other negotiations, understandings, and representations made by and between the Parties.
D. Relationship of the Parties
TechJutsu is an independent contractor and nothing in these Terms will be construed to make either TechJutsu or Customer partners, joint venturers, principals, agents or employees of the other. No officer, director, employee, agent, affiliate or contractor employed by TechJutsu to perform work on Customer's behalf under these Terms will be deemed to be an employee, agent or contractor of Customer. Neither Party will have any right, power or authority, express or implied, to bind or make representations on behalf of the other.
E. Force Majeure
If either Party is rendered unable, wholly or in part, by an event of force majeure to carry out its obligations under these Terms, that Party shall give to the other Party prompt notice of the force majeure with reasonably full particulars concerning its nature. Thereupon the obligations of the Party giving notice, so far as they are affected by the force majeure, shall be suspended during, but no longer than, the continuance of the force majeure. The affected Party shall use all reasonable diligence to mitigate the effects of the force majeure event as quickly as possible. An event of "force majeure" means any event beyond the reasonable control of the Party claiming suspension, whether or not foreseeable, and shall include, without limitation, an act of God, strike, industrial disturbance, act of the public enemy, terrorism, war, blockage, public riot, lightning, fire, storm, flood, failure of utilities, failure of internet collocation facilities or other internet failure, any unauthorized server or computer violation or other security violation, explosion, governmental restraint, or any other cause, whether of the kind specifically enumerated above or otherwise. For greater certainty, notwithstanding anything contained in the foregoing, lack of finances shall not be considered a force majeure.
No delay or failure by a Party in exercising any right, power or privilege under these Terms, or any other instruments given in connection with or pursuant to these Terms, shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege will preclude the further exercise of that right, power or privilege or the exercise of any other right, power or privilege.
If any provision of these Terms is held invalid, void, or unenforceable to any extent, that provision will be enforced to the greatest extent permitted by law and the remainder of these Terms and application of such provision to other persons or circumstances will not be affected.
H. Conflicting Provisions
In the event of any conflict or inconsistency between a provision in the body of these Terms and that of an order placed by the Customer on the Site and accepted by TechJutsu, the provision in these Terms shall prevail to the extent of the conflict.
I. No Assignment. Customer may not assign its rights or obligations under these Terms without the prior written consent of TechJutsu, such consent not to be unreasonably withheld.
Terms and Conditions
Last Updated: March 19, 2021
By using this Site, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with TechJutsu and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
The information and material on this Site, and the Site, may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Site is restricted to users or unavailable at any time or for any period.
2. Your Use of the Site
Unfortunately, the transmission of information via the Internet is not completely secure and we cannot guarantee the security of your personal information transmitted to our Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.
You are prohibited from attempting to circumvent and from violating the security of this Site, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting Site owner's ability to monitor the Site; (f) using any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Site via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and (i) otherwise attempting to interfere with the proper working of the Site.
3. Intellectual Property Rights and Ownership
You understand and agree that the Site and its entire contents, features, and functionality, including, but not limited to, all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by TechJutsu, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.
TechJutsu’s name, the TECHJUTSU™ trademark and logo, and all related names, logos, product and service names, designs, images, and slogans are trademarks of TechJutsu or its affiliates or licensors. You must not use such marks without the prior written permission of TechJutsu. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on this Site are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.
You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, in any form or medium whatsoever except:
your computer and browser may temporarily store or cache copies of materials being accessed and viewed;
a reasonable number of copies may be printed or downloaded, keeping any proprietary notices thereon, which may only be used for non-commercial, archival and lawful use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever; and
in the event social media platforms are linked to certain content on our Site, you may take such actions as our Site and such third-party social media platforms permit.
Users are not permitted to modify copies of any materials from this Site nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site. You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.
4. Conditions of Use
involve the impersonation or attempted impersonation of TechJutsu, a TechJutsu employee, another Site user, or any other person or entity;
transmit, or procure the sending of, any advertisements or promotions, sales, or encourage any other commercial activities, including, without limitation, any "spam", "junk mail", "chain letter", contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation;
encourage any conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm TechJutsu or users of the Site or expose them to liability; or
promote any illegal activity, or advocate, promote, or assist any unlawful act.
5. Site Monitoring and Enforcement, Suspension, and Termination
TechJutsu has the right, without provision of notice to:
Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Site. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site.
YOU WAIVE AND HOLD HARMLESS TECHJUTSU AND ITS AFFILIATES AND SUBSIDIARIES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND CONTRACTORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY TECHJUTSU RELATING TO ANY, INVESTIGATIONS BY EITHER TECHJUTSU OR BY LAW ENFORCEMENT AUTHORITIES.
6. No Reliance
The content on our Site is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on our site.
Although we make reasonable efforts to update the information on our Site, we make no representations, warranties, or guarantees, whether express or implied, that the content on our Site is accurate, complete, or up to date. Your use of the Site is at your own risk and TechJutsu has no responsibility or liability whatsoever for your use of this Site.
This Site may include content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by TechJutsu, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of TechJutsu. TechJutsu has no responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.
8. Third-Party Websites
For your convenience, this Site may provide links or pointers to third-party sites. We make no representations about any other websites that may be accessed from this Site. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the homepage. We reserve the right to withdraw linking permission without notice. You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop.
9. Online Purchase of Services
All accounts, orders, purchases or transactions for the sale of services or information made using this Site are subject to the Terms and Conditions for the Online Sale of Services, incorporated herein by reference and available at the following URL: www.techjutsu.com/terms-and-conditions (the “Terms and Conditions for Sale”).
10. Geographic Restrictions
The owner of the Site is based in the Province of Alberta in Canada. We provide this Site for use only by persons located in Canada and the United States. This Site is not intended for use in any jurisdiction where its use is not permitted. If you access the Site from outside Canada or the United States, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.
11. Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
NEITHER TECHJUTSU NOR ITS SUBSIDIARIES OR AFFILIATES OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND CONTRACTORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE SITE OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER TECHJUTSU NOR ITS SUBSIDIARIES OR AFFILIATES OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND CONTRACTORS REPRESENT OR WARRANT THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE SITE AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
12. Limitation on Liability
14. Governing Law and Choice of Forum
17. Entire Agreement
18. Conflicting Provisions
19. Consent to Transact Electronically and Receive Communications
20. Reporting and Contact
The Site is owned and operated by:
1402 1110-11st SW, Calgary Alberta Canada T2R1S5
All other feedback, comments, requests for technical support, and other communications relating to the Site should be directed to firstname.lastname@example.org
Last Updated: March 19, 2021
Please read this policy carefully to understand our policies and practices for collecting, processing, and storing your information. If you do not agree with our policies and practices, you must not use the Site or the Services. By accessing or using our Sites or using the Services, you indicate that you understand, accept, and consent to the practices described in this policy.
1. Personal information we collect
Your personal information is any information about you as an identifiable individual. In this section, we explain the types of personal information that we collect from you.
TechJutsu collects personal information to operate effectively to provide you with the best experience possible using our Site and the Services. Your personal information may be collect directly, such as when you email TechJutsu. Your personal information may also be collected indirectly, such as when you provide personal information to a third party platform made available on the Site or while using our Services.
The information we may collect or obtain (depending on the circumstances) includes but may not be limited to:
Information you provide us: We collect information you provide to us, including your name, email address, telephone number, age, location, postal address and any other identifier we may use to contact you. We also collect information you submit to us by filling in forms on our Site or in the course of using our Services. This includes, but is not limited to, information provided at the time of setting up an account on our Website, purchasing Services from us or in the course of using the Services.
Notes and comments. Information about any specific requests made by yourself in respect of the Services or the Site.
Feedback Surveys. Information you provide to us through product feedback surveys or requests.
Transaction Information. Details of transactions you carry out through our Site and of the fulfillment of your orders for Services. You may be required to provide financial information before placing an order through our Site or in the course of using the Services.
General usage data: When you use our Site, we may also collect your Internet Protocol (“IP”) address, information about the date and time of your access as well as how long you use our Site in each session, features you use in our Site, and how long you use our Site overall.
Other information. Other personal information you may choose to provide to TechJutsu when corresponding with us by email, over the phone or otherwise. We may also retain records and copies of such correspondence, including your contact information.
Third-party platforms or websites used for the operation of the Site and Services may also collect, use, and disclose your personal information. While some of these third-party platforms may collect personal information on TechJutsu’s behalf, including the information set forth above, they may also collect additional personal information about you or the devices that you use to access the Websites. We do not control these third party platforms or websites and note that such third parties also have their own privacy policies that govern how they collect, use and disclose your personal information. Links to these third party privacy policies have been reproduced below:
Okta, in respect of our caller verification services: https://www.okta.com/privacy-policy/;
We encourage you to read these third party privacy policies, along with the privacy policies of any other third-party websites, plug-ins, services, social networks, or applications linked to or made accessible through our Websites.
2. How we use your personal information
We use the information we collect from you to respond to your requests, communicate with you, to customize your use of our Site or Services, to provide you with, or facilitate your access to, the Services, and in any other way may describe to you at the time you provide your information to us. For example, we may use the information you provide us to fulfil an order you make for the Services, to execute the Services, to provide technical support in respect of the Services or to respond to any inquiries you may have about the Services.We may also use your personal information in other ways with your consent or as permitted by applicable law.
To the extent permitted by applicable law, we may use, process, transfer, and store any data about individuals and customers or partners in an anonymous (or pseudonymous) and aggregated manner. We may combine personal information with other information collected online and offline, including information from third party sources. We may share anonymized data with third parties for advertising purposes, to our existing or prospective clients for business development purposes, or publicly. For example, we may share information publicly to show trends about the general use of our Services.
We may also use your information to contact you about certain TechJutsu products, activities, services or promotions that may be of interest to you, as permitted by law. If you do not want us to use your information in this way, please check the relevant box located on the form on which we collect your data or use the unsubscribe mechanism at the bottom of our e-mails to opt out from such correspondence.
3. How we disclose your personal information
With our affiliates or any business partners or agents acting on our behalf or with our financial, insurance, legal, accounting or other advisors that provide professional services to us.
To a company or individual employed or engaged by us to support our business or perform functions on our behalf, such as data processing, maintaining the Site or performing the Services. Any such disclosure of your personal information is made on a strictly confidential basis, and the information is to be used only for the purpose for which it was shared.
To a potential buyer, investor, new subsidiary or affiliate, or other successor in the event TechJutsu or any affiliate, portion, group or business unit thereof, undergoes a business transition, such as a merger, acquisition, consolidation, reorganization, divestiture, liquidation or dissolution (including bankruptcy), or a sale or other transfer of all or a portion of any assets of TechJutsu or any of its subsidiaries or affiliates or during steps in contemplation of such activities (e.g., negotiations and due diligence).
Subject to applicable regulations, we may disclose your personal information to a government agency, court, or law enforcement personnel.
To fulfill the purpose for which you provide the information. For example, if you contact us seeking technical support, we may disclose your contact information and the particulars of your request to TechJutsu personnel or a contracted technician.
For any other purpose disclosed by us when you provide the information.
We may also disclose your personal information:
To comply with any court order, law, or legal process, including to respond to any government or regulatory request, in accordance with applicable law.
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of TechJutsu, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
4. Your access and control over information
It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes. By law you have the right to request access to and to correct the personal information that we hold about you.
If you want to review, verify, correct, or withdraw consent to the use of your personal information you may contact us at the contact details set forth below to request access to, correct, or delete any personal information that you have provided to us. We may not be able to delete your personal information except by also deleting your user account or removing your access to the Services. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. We may charge you a fee to access your personal information, however, we will notify you of any fee in advance.
We may request specific information from you to help us confirm your identity and your right to access, and to provide you with the personal information that we hold about you or make your requested changes. Applicable law may allow or require us to refuse to provide you with access to some or all of the personal information that we hold about you, or we may have destroyed, erased, or made your personal information anonymous in accordance with our record retention obligations and practices. If we cannot provide you with access to your personal information, we will inform you of the reasons why, subject to any legal or regulatory restrictions.
If you are concerned about our response or would like to correct the information provided please contact us at our contact information set forth below.
5. Withdrawing your consent
Where you have provided your consent to the collection, use, and transfer of your personal information, you may have the legal right to withdraw your consent under certain circumstances. To withdraw your consent, if applicable, contact us at our contact information set forth below. Please note that if you withdraw your consent we may not be able to provide you with a particular product or service. We will explain the impact to you at the time to help you with your decision.
6. Data Security
The security of your personal information is very important to us; however, the safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Site or the Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
7. Data Retention
Except as otherwise permitted or required by applicable law or regulation, we will only retain your personal information for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. Under some circumstances we may anonymize your personal information so that it can no longer be associated with you. We reserve the right to use such anonymous and de-identified data for any legitimate business purpose without further notice to you or your consent. By using the Site and/or the Services, you agree that we are hereby licensed to collect, use, share, and store anonymized (or pseudonymized) aggregated data collected through the Site or the Services for benchmarking, analytics, metrics, research, reporting, machine learning, and other business purposes.
9. Transferring your personal information
We may transfer personal information that we collect or that you provide as described in this policy to contractors, service providers, and other third parties we use to support our business and who are contractually obligated to keep personal information confidential, use it only for the purposes for which we disclose it to them, and to process the personal information with the same standards set out in this policy.
For example, we may transfer your personal information to the following service providers to the extent your use of the Site or Services engages these services providers. Links to the Privacy Policies of these services providers have been referenced below – we encourage you to review these third party Privacy Policies:
Such third parties may process, store, and transfer your personal information outside of Canada or the United States. In those circumstances, the governments, courts, law enforcement, or regulatory agencies of that country may be able to obtain access to your personal information through the laws of the foreign country. We encourage you to the review the privacy policies associated with such third parties to understand where your personal information may be processed, store or transferred.
10. Personal information used by third party websites
From time to time, we may include links to third party websites which are not controlled or maintained by us. We are not responsible for personal information submitted by you to third party websites or the personal information collected by third party websites. You should review the privacy policies of third party websites or contact the third party website's operator if you have questions or concerns.
11. “Do not track” signals
We will not respond to web browser “do not track” signals. If you would like additional information about online tracking and various opt-out mechanisms, please see https://youradchoices.com/
Because we link to social media sites, and from time to time may include third-party advertisements, other parties may collect your personally identifiable information about your online activities over time and across different websites when you visit this Site.
Please note that not all tracking will stop even if you delete cookies.
12. Age of Majority
We recognize the importance of protecting the privacy and safety of children. The Site or Services are not intended for individuals under the age of majority in their jurisdiction. We do not knowingly collect personal information from minors. Anyone under the age of majority in their country of residence should not use the Site or the Services. If we learn we have collected or received personal information from a minor without verification of parental consent, we will delete such personal information. If you believe we might have any information from or about a minor, please contact us using the contact information set forth below.
13. Limitation of Liability
14. Contact Information
We have procedures in place to receive and respond to complaints or inquiries about our handling of personal information, our compliance with this policy, and with applicable privacy laws. To discuss our compliance with this policy please contact our Privacy Officer using the contact information listed above.