1. Agreement
These Terms of Use ("Terms") apply to your use of the website at elmaratech.com (the "Site"), operated by Elmara Technologies Inc. ("Elmara", "we", "us" or "our"), a company incorporated in British Columbia, Canada. By using the Site, you agree to these Terms. If you do not agree, please do not use the Site.
Our apps and client services are provided under their own terms, such as an app's license terms or a written agreement with a client. Those terms apply to the app or service in addition to, or in place of, these Terms.
2. Acceptable use
You may use the Site for lawful purposes only. You agree not to:
- attempt to gain unauthorized access to the Site, our servers or any connected system;
- interfere with or disrupt the Site, including by sending excessive automated requests or introducing malicious code;
- use the contact form to send spam, advertising, or unlawful, abusive or misleading content;
- impersonate another person or misrepresent your affiliation with any person or organization.
We may block access to the Site from any source that we reasonably believe is violating these Terms.
3. Intellectual property
The Site and its content, including text, graphics, logos and the Elmara name, are owned by Elmara Technologies Inc. or its licensors and are protected by copyright, trademark and other laws. You may view and print pages of the Site for your own information. You may not copy, modify, distribute or use the content for commercial purposes without our written permission.
App Store is a service mark of Apple Inc. Google Play is a trademark of Google LLC. Other names mentioned on the Site may be trademarks of their respective owners.
4. Messages you send us
Please do not send confidential or proprietary information through the contact form or by email unless we have agreed in writing to receive it on a confidential basis. If you send us suggestions or feedback about our products, we may use them without obligation to you. Our handling of personal information in your messages is described in our Privacy Policy.
5. Links to other websites
The Site may link to websites operated by others. We provide these links for convenience only. We do not control those websites and are not responsible for their content or privacy practices.
6. Disclaimer
The Site is provided for general information about Elmara and its products and services. We work to keep it accurate and available, but the Site and its content are provided "as is" and "as available", without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement, to the fullest extent permitted by law. Information on the Site is not an offer or a binding commitment; the terms of any engagement are set out in a written agreement.
7. Limitation of liability
To the fullest extent permitted by law, Elmara and its directors, officers and employees will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, data or business, arising out of or related to your use of the Site, even if we have been advised of the possibility of such damages. Our total liability for any claim arising out of or related to the Site is limited to one hundred Canadian dollars (CAD 100).
Some jurisdictions do not allow certain warranties to be excluded or liability to be limited. In those jurisdictions, these limits apply only to the extent the law permits. Nothing in these Terms limits any rights you have under consumer protection law that cannot be waived by contract.
8. Governing law
These Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable there, without regard to conflict of law rules. You and Elmara agree that the courts of British Columbia have jurisdiction over any dispute arising out of or related to these Terms or the Site, except where the law gives you the right to bring a claim elsewhere.
9. Changes to these Terms
We may update these Terms from time to time. We will post the updated Terms on this page and change the effective date at the top. Your continued use of the Site after an update means that you accept the updated Terms.
10. General
If any part of these Terms is found to be unenforceable, the rest remains in effect. Our failure to enforce any part of these Terms is not a waiver of our right to do so later. These Terms are the entire agreement between you and Elmara about your use of the Site.
11. Contact
Questions about these Terms can be sent to:
- [email protected]
- Elmara Technologies Inc., 16110 Fraser Hwy, Surrey, BC V4N 0G3, Canada