These Terms of Use (the “Terms”) govern your access to and use of www.havisun.com (the “Site”), operated by HAVISUN Technologies Inc. (“HAVISUN”, “we”, “us” or “our”). By accessing or using the Site you agree to these Terms. If you do not agree, please do not use the Site. If you use the Site on behalf of a company or other organization, you confirm you have authority to bind it to these Terms.
1. About the Site and our services
The Site provides general information about HAVISUN and our custom software development, systems architecture, IT consulting, and IT staffing and augmentation services, and lets you contact us. Nothing on the Site is an offer, proposal or guarantee of services. Any services we provide to a client are governed by a separate written agreement, such as a master services agreement, statement of work or proposal. If these Terms conflict with a signed agreement for services, the signed agreement prevails for those services.
2. Eligibility and acceptable use
The Site is intended for business use by people who are of legal age in their jurisdiction. You agree not to:
- use the Site in violation of any applicable law or regulation;
- attempt to gain unauthorized access to the Site, our systems or other users’ information;
- introduce malware, or interfere with or disrupt the Site or its infrastructure;
- scrape, copy or harvest content or data from the Site by automated means, except as permitted by robots.txt for ordinary search engine indexing;
- submit false, misleading, unlawful or infringing content, or send spam or unsolicited promotions through the contact form;
- impersonate any person or misrepresent your affiliation with any person or organization.
3. Intellectual property
The Site and its content, including text, graphics, logos, the HAVISUN name and sun mark, layout and code, are owned by HAVISUN or its licensors and are protected by copyright, trademark and other laws. We grant you a limited, non-exclusive, non-transferable, revocable licence to view and use the Site for your own internal business purposes. You may not copy, modify, distribute, sell or create derivative works from any part of the Site, or use our name or logos, without our prior written permission.
Ownership of work product delivered to clients is determined by the applicable services agreement.
4. Information you send us
When you send us a message or other content through the Site, you confirm that you have the right to provide it. You grant us permission to use it to respond to you and evaluate your enquiry, as described in our Privacy Policy.
5. No professional advice; accuracy of content
Content on the Site is provided for general information only and is not legal, financial, security or other professional advice. We try to keep the Site accurate and current, but we do not warrant that content is complete, accurate or up to date, and it may change without notice.
6. Third-party links
The Site may contain links to third-party websites. They are provided for convenience only. We do not control, endorse or accept responsibility for their content, products or practices, and you use them at your own risk.
7. Disclaimer of warranties
To the maximum extent permitted by law, the Site is provided “as is” and “as available”, without warranties of any kind, whether express, implied or statutory, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the Site will be uninterrupted, secure or error-free, or that it will be free of viruses or other harmful components.
8. Limitation of liability
To the maximum extent permitted by law, HAVISUN and its directors, officers, employees, contractors and affiliates will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, data, goodwill or business opportunity, arising out of or related to your use of, or inability to use, the Site, even if we have been advised of the possibility of such damages. Our total aggregate liability for all claims relating to the Site will not exceed CAD $100.
Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law. Liability for services is governed by the applicable services agreement.
9. Indemnity
You agree to indemnify and hold harmless HAVISUN and its directors, officers, employees and contractors from claims, liabilities, damages, losses and expenses (including reasonable legal fees) arising out of your misuse of the Site, your breach of these Terms, or your violation of any law or third-party rights.
10. Privacy
Our collection and use of personal information is described in our Privacy Policy, which forms part of these Terms.
11. Changes and suspension
We may modify the Site, suspend or restrict access to it, or update these Terms at any time. Updated Terms take effect when posted, with the “Last updated” date revised. Your continued use of the Site after changes means you accept them.
12. Governing law and disputes
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable there, without regard to conflict-of-laws rules. You and HAVISUN submit to the exclusive jurisdiction of the courts located in Ontario, Canada for any dispute arising out of or relating to these Terms or the Site, except that either party may seek urgent injunctive relief in any competent court. If you are a consumer entitled by mandatory local law to bring proceedings in your home jurisdiction, nothing in these Terms limits that right.
13. General
If any provision of these Terms is found unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent; we may assign them in connection with a merger, acquisition or sale of assets. These Terms, together with the Privacy Policy, are the entire agreement between you and us regarding the Site.
14. Contact us
Questions about these Terms:
HAVISUN Technologies Inc.
Email: info@havisun.com
Website: www.havisun.com
Serving clients worldwide