Last Update: December 23, 2020
Your use of this Service is conditional on your acceptance of these Terms and the CC Terms. By visiting or using this Service you agree on your own behalf, and on behalf of any organization on whose behalf you may act (collectively referred to herein as “you”), to accept and abide by these Terms and the CC Terms for each use of and each visit to this Service. You also acknowledge that you have read and understand our privacy statement available at Klanto Privacy Statement (the “Privacy Statement”). By agreeing to these Terms on behalf of any organization, you confirm that you have the authority to do so.
If you do not agree to abide by these Terms and the CC Terms, you cannot use this Service or register to become a user of this Service. You agree to have these Terms and any related information made available to you, and to otherwise have communications between you and us occur, electronically. In addition, use of certain features of this Service may require you to agree to additional third party terms, including without limitation those of Very Good Services, Inc. and Currency Cloud Limited, and others available through Klanto website. By using those features, you acknowledge that you have accepted and agree to abide by those additional third party terms
We have the right, in our sole discretion, to add to, remove, modify or otherwise change any part of these Terms, in whole or in part, at any time. If we exercise this right, the “Last Update” notice at the top of this document shall be amended to reflect the last date of such changes. Changes will be effective as of the date the changes to these Terms are posted to this Service. It is your responsibility to check these Terms each time you access this Service to determine whether any changes have been made, including by checking the date of the “Last Update” at the top of these Terms. If any change to these Terms is not acceptable to you, you must discontinue your use of this Service immediately. Your continued use of this Service after any such changes are posted will constitute acceptance of those changes. These Terms apply exclusively to your use of this Service and do not alter the terms or conditions of any other agreement you may have with us.
We may, at any time without notice or liability, and for any reason whatsoever, terminate, change, suspend or discontinue any aspect of this Service, including: (a) changing the availability of, restricting access to, or imposing limits on any or all features or services on, or links to, this Service; (b) removing, adding, modifying or otherwise changing any fees or charges arising out of use of this Service or any features of this Service; and (c) removing, adding, modifying or otherwise changing any Content on this Service. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of this Service at any time without notice, but confirm that we have no duty to do so.
Subject to these Terms, you are granted a non-exclusive, non-transferable, non-sub-licensable, revocable, limited right and license to use this Service, including the Content therein accessible through this Service, solely for your own personal use or on behalf of your organization.
You may not, nor may you cause or assist another to:
To the extent you are in breach of your obligations under these Terms, Klanto may investigate occurrences which may involve violations of such laws and co-operate with law enforcement authorities (including foreign law enforcement) in prosecuting users who are involved in such violations. We reserve the right at all times to disclose any information (including without limitation your personal information or your identity) regarding your usage of this Service (including any perceived violations of applicable law), in each case as may be permitted by or required to satisfy applicable law.
To use the Service (to be a “User”), you must register for an account with us (a “Klanto Account”):
In these Terms, “Postings” refer to the text, images, comments, or other information posted by a User through this Service.
To the extent a Deliverable is provided to you via the Service, Klanto hereby grants you a personal, royalty-free, non-exclusive, right and license to use such Deliverable.
You agree that you will:
This Service is protected by Canadian copyright laws and treaty provisions. Any unauthorized copying, redistribution, reproduction or modification of this Service (including any element of the Content) by any person may be a violation of trade-mark and/or copyright laws and could subject such person to legal action. You agree to comply with all copyright laws worldwide in your use of this Service and to prevent any unauthorized copying, redistribution, reproduction or modification of this Service or any of the Content.
Certain names, graphics, logos, icons, designs, words, titles and phrases on this Service constitute trade-marks, trade names, trade dress and associated products and services of Klanto or its affiliates (the “Marks”) or constitute trade-marks, trade names, trade dress and associated products and services of Klanto suppliers or other third parties (the “Third Party Marks”) and are protected in Canada and internationally and their display on this Service does not convey or create any licence or other rights in the Marks or the Third Party Marks. Any use of the Marks or the Third Party Marks, in whole or in part, without prior written authorization of Klanto or such third party, as applicable, is strictly prohibited.
Certain links on this Service may take you to other websites that are not owned or operated by Klanto. Klanto provides these links only as a convenience. Klanto is not responsible for the content of any such linked websites. Klanto makes no representation or warranty regarding, and does not endorse, such linked websites, the information or other content appearing thereon or any of the products or services available on or through such websites. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. We welcome you to link to this Service. However, you agree that if you link to this Service, your website shall not (a) alter the visual presentation of this Service; (b) imply that Klanto is endorsing you or any other person, or your or such other persons’ products or services; (c) imply an affiliation between you or any other person, or your or such other persons’ products or services, and Klanto without the prior written consent of Klanto; (d) misrepresent the relationship of you or any other person with Klanto or present false, misleading or otherwise damaging information or impressions about Klanto or any of its products or services; or (e) contain materials that may be illegal or interpreted as distasteful, harmful, offensive, or inaccurate.
You acknowledge and agree that in no event will Klanto provide any form of remuneration for any links you may make to this Service.
Any personal information which Klanto collects via this Service is collected in accordance with the information provided in Klanto’s Privacy Statement available at Klanto Privacy Statement. When you interact with this Service, you consent that information about you and your use of this Service, including but not limited to, the type of device, your mobile carrier, your internet access provider, your physical location, and/or web pages containing plugins that load in your browser may be communicated to us.
Any non-identifiable information gathered by us through your use of this Service may be used by us for our own marketing, promotional and product development purposes and more specifically may be stored in a database and used by us to identify, customize and personalize user access, and assess utilization of this Service. Such information may be shared with our affiliates, suppliers, licensors, partners and clients in furtherance of the forgoing purposes.
If we are concerned that you might be in breach of your obligations under these Terms or under applicable laws, then we reserve the right to (a) investigate your use of the Service, (b) provide information about any possible breach of applicable laws to our service partners, regulatory authorities and/or law enforcement authorities (including your identity and other personal information), and (c) co-operate with our service partners, regulatory authorities and/or any law enforcement authorities in the prosecution of any breach of applicable laws.
The information provided by the Service is not intended as a source of financial or investment advice. Such information is for informational purposes only and is not intended to be a substitute for professional advice, assessment and evaluation. You agree that you must evaluate, and bear all risks associated with, the use of any information, including any reliance on the availability, accuracy, completeness, usefulness or appropriateness of such information. You should consult a qualified professional before making any decision or taking any action that might affect your personal, business or financial well-being.
We make no representation or warranty and there are no conditions of any kind regarding this Service, the Deliverables, any Users, the Content or the Postings, including without limitation any representation, warranty or condition regarding the accuracy, reliability, currency, or completeness of the Content or the Postings, including that they are appropriate or available for use at any locations outside Canada. Accessing the Service, the Deliverables, the Content or the Postings from locations where the Service, the Content or the Postings is illegal is prohibited. Any diversion of the services and/or any Deliverables, Content or Postings obtained from or through the Service contrary to Canadian law is also prohibited. If you access this Service from locations other than Canada, then you do so on your own initiative and you are solely responsible for compliance with all applicable laws.
You acknowledge and agree that this Service (including without limitation the Users, the Deliverables, the Content and the Postings) is provided on an “AS IS” and “AS AVAILABLE” basis and that any use of or reliance on this Service shall be at your sole risk. We do not screen or censor the Postings.
KLANTO AND ITS AFFILIATES DO NOT MAKE ANY, AND EXPRESSLY DISCLAIM ALL, REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABLE QUALITY, TITLE, ACCURACY, COMPLETENESS OR FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR THOSE ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE WITH RESPECT TO THIS SERVICE (INCLUDING THE USERS, DELIVERABLES, CONTENT OR POSTINGS). FOR GREATER CERTAINTY, KLANTO DOES NOT WARRANT THAT THIS SERVICE WILL (a) MEET YOUR REQUIREMENTS, (b) BE COMPATIBLE WITH YOUR COMPUTER OR MOBILE DEVICE OR ANY RELATED EQUIPMENT, (c) BE RELIABLE, ACCURATE, AUTHENTIC, CURRENT OR COMPLETE, (d) CONTINUE TO OPERATE, (e) OPERATE WITHOUT INTERRUPTIONS, OR (f) BE ERROR-FREE.
KLANTO MAY REQUIRE USERS TO USE THIRD-PARTY SERVICES, SUCH AS PAYMENT PROCESSORS, TO PERFORM THE SERVICES UNDER THIS AGREEMENT. THESE THIRD-PARTY SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. KLANTO, ITS AFFILIATES, SUBSIDIARIES, SUPPLIERS AND LICENSORS, EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND REGARDING ANY THIRD-PARTY SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
YOU AGREE THAT IN NO EVENT WILL KLANTO AND ANY OF ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES (COLLECTIVELY “KLANTO REPRESENTATIVES”) HAVE ANY RESPONSIBILITY OR LIABILITY IN CONNECTION WITH THIS SERVICE, THE USERS, THE DELIVERABLES, THE CONTENT AND THE POSTINGS FOR ANY LOSSES OR DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT (INCLUDING FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM), TORT (INCLUDING NEGLIGENCE) OR OTHER LEGAL OR EQUITABLE BASIS, INCLUDING WITHOUT LIMITATION INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR DATA, LOSS OF PROFIT, LOSS OF SAVINGS OR REVENUE, LOSS OF GOODWILL OR OTHER ECONOMIC LOSS), ARISING FROM OR IN CONNECTION WITH OR RELATING TO THE USE OF OR ACCESS TO, OR ANY INCONVENIENCE, DELAY OR LOSS OF USE OF OR ACCESS TO, THIS SERVICE, THE DELIVERABLES, THE USERS, THE CONTENT OR THE POSTINGS OR ANY CONTENT OF ANY LINKED website, OR FAILURE OF SUCH websiteS (INCLUDING WITHOUT LIMITATION ANY DAMAGES SUFFERED AS A RESULT OF OMISSIONS OR INACCURACIES IN SUCH websiteS, USERS, DELIVERABLES, CONTENT OR POSTINGS, OR THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION TO OR FROM SUCH websiteS), EVEN IF WE OR ANY KLANTO REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS OR IF SUCH DAMAGE OR LOSS WAS FORESEEABLE.
IN NO EVENT SHALL THE MAXIMUM LIABILITY OF KLANTO REPRESENTATIVES, FOR ANY REASON WHATSOEVER, IN THE AGGREGATE, EXCEED THE GREATER OF (a) THREE PERCENT (3%) OF THE AMOUNT YOU PAID TO ACCESS AND USE THE SERVICES PROVIDED BY THIS WEBSITE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT WHICH GAVE RISE TO THE CLAIM, AND (b) ONE HUNDRED DOLLARS ($100) CAD.
YOU ACKNOWLEDGE THAT KLANTO ACTS AS TRUSTEE FOR THE KLANTO REPRESENTATIVES WITH RESPECT TO ALL RIGHTS CONTEMPLATED HEREUNDER ARISING IN FAVOUR OF A KLANTO REPRESENTATIVE. KLANTO AGREES TO ACCEPT SUCH TRUST AND HOLD AND ENFORCE SUCH RIGHTS ON BEHALF OF EACH KLANTO REPRESENTATIVE.
You will indemnify and hold the Klanto Representatives harmless from and against any claims brought by third parties arising out of your use of this site, and any breach of these Terms by you, including any use of the Services, Deliverables and Content other than as expressly authorized in these Terms. You agree that the Klanto Representatives will have no liability in connection with any such breach or unauthorized use or modification, and agree to indemnify against any and all resulting loss, damages, judgments, awards, costs, expenses, and lawyers’ fees of the Klanto Representatives in connection therewith.
You agree that all matters relating to the access to, or use of, this Service shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without reference to its conflict of laws principles, and that you will comply with all such applicable laws.
Any dispute between us and you or any other person arising from, in connection with or relating to this Service, these Terms, any transaction through this Service or any related matters must be resolved before the Courts of the Province of Ontario, Canada sitting in the City of Toronto, and you hereby irrevocably submit and attorn to the exclusive jurisdiction of those Courts in respect of any such dispute.
If you breach any provision of these Terms, then you may no longer use this Service. We, in our sole discretion, shall determine whether these Terms have been violated. You agree that we may, in our sole discretion, terminate or suspend your Klanto Account with or without notice.
Upon termination or suspension of your Klanto Account, regardless of the reasons therefore, your right to use this Service immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your Klanto Account and all related information and files in your Klanto Account and/or bar any further access to such files or this Service. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
These Terms constitute the entire agreement between us and you with respect to the subject matter hereof, and supersede all communications, representations or agreements, either oral or written, between us or our affiliates and you with respect to this subject matter. If for any reason a court of competent jurisdiction finds any provision of these Terms or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect.
No waiver of or consent to depart from the requirements of any provision of these Terms will be binding unless it is in writing and signed by Klanto. You and Klanto are independent contractors, and no agency, partnership, joint venture, employment or franchise relationship is intended or created by these Terms.
The provisions of these Terms will enure to the benefit of and be binding upon you and Klanto and its respective successors and assigns, and, if you are contracting as an individual, your heirs, executors, administrators and personal representatives. You may not assign these Terms or your rights and obligations under these Terms without our express prior written consent, which may be withheld in our sole discretion. We may assign these Terms and our respective rights and obligations under these Terms without your consent.
All notices to us shall be in writing and shall be made via email. Notices to us must be sent to the attention of our customer service representatives at email@example.com. Notices to you may be sent, in our sole discretion, to the address or email address supplied by you as part of your membership. In addition, we may broadcast notices or messages through this Service to inform you of changes to this Service or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.
The parties have required that this agreement 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 attachent soient rédigés en langue anglaise.