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Last updated: February 24th, 2021
Terms of website use (“Terms”)
These Terms (together with the documents referred to herein) outline the terms on which you may make use of our website https://www.kittys.co/ (our site), whether as a guest or a registered user. Use of our site includes accessing, browsing, or registering to use our site.
Please read these Terms carefully before you start to use our site, as these will apply to your use of our site. By using our site, you confirm that you accept these Terms and that you agree to comply with them.
Other applicable terms
In addition to these Terms, the following additional terms also apply to your use of our site and services:
Information about us
The full name of you Company is 9441999 Canada Inc., operating as Kitty’s Co. with its principal place of business at 2506-224 King St W, Toronto ON, M5H0A6. You can contact us by writing to the address given above, by using our website contact form, or by email to firstname.lastname@example.org.
Our corporate website provides information on our: product offering, customer support and office contact details, company background, awards, news and events. The site also includes resources and customer case studies for businesses that want practical advice on how to grow their online channel.
Changes to these terms
We may revise these Terms at any time by amending this page. Please check this page from time to time to take notice of any changes we may make. Any such changes are binding on you.
Changes to our site
We may update our site or change the content at any time. Please note, however, that any of the content on our site may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our site, or any content on it, will be free from errors or omissions.
Accessing our site
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
Your account and password
When you register an account on our site, you will be asked to provide information about yourself. Such information should be true and accurate and you should ensure it is kept up-to-date.
By using our site, you warrant that you are at least 18 years old.
If you choose to use our site and register as a user, you will be provided with a user identification code and password. You may also be required to provide further information as part of our security procedures. You must treat any such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password if, in our reasonable opinion, you have failed to comply with any of the provisions of these Terms.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at email@example.com.
Your use of our site
You may use our site only for lawful purposes. You may not use our site:
In any way that breaches any applicable local, national or international law or regulation.
In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
For the purpose of harming or attempting to harm minors in any way.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).
To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of these Terms.
Not to access without authority, interfere with, damage or disrupt any part of our site; any equipment or network on which our site is stored; any software used in the provision of our site; or any equipment or network or software owned or used by any third party.
Not to access without authority, interfere with, damage or disrupt (including attempting to probe, scan or test the vulnerability and monitoring data or traffic), or to breach the security or authentication measures of:
any part of our site;
any equipment or network on which our site is stored;
any software used in the provision of our site; or
any equipment or network or software owned or used by any third party.
In the event that we provide any interactive service on our site including without limitation, blogs, chat rooms, or bulletin boards (Interactive service(s)), we are under no obligation to oversee, monitor or moderate it. We expressly exclude our liability for any loss or damage arising from the use of any Interactive service by a user in contravention of our content standards set out in the next paragraph (Content standards), whether the service is moderated or not. We do not control the material submitted to Interactive services and you agree that you are solely responsible for the content of your submissions. The use of any Interactive service by a minor is subject to the consent of their parent or guardian.
These Content standards apply to any and all material which you may contribute to our site (Contributions), and to any Interactive services associated with it. You must comply with the spirit and the letter of the following standards.
Contributions must be accurate (where they state facts), be genuinely held (where they state opinions) and comply with applicable law in the Canada and in any country from which they are posted.
Contributions must not:
Contain any material which is defamatory of any person.
Contain any material which is obscene, offensive, hateful or inflammatory.
Promote sexually explicit material.
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any copyright, database right or trademark of any other person.
Be likely to deceive any person.
Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
Promote any illegal activity.
Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
Be likely to harass, upset, embarrass, alarm or annoy any other person.
Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
Give the impression that they emanate from us, if this is not the case.
Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Uploading content to our site
Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the Content standards. You warrant that any such Contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty.
Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you licence to us are described in the next paragraph (Rights you licence).
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.
Whilst we do not pre-screen any content you upload to the site, we reserve the right to remove or edit any posting you make on our site if, in our opinion, your post does not comply with the Content standards set out in these Terms.
The views expressed by other users on our site do not represent our views or values.
You waive all moral rights you have in any content and information provided by you to the fullest extent provided by law.
Rights you licence
When you upload or post content to our site, you grant us a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display and perform your content. For the avoidance of doubt, we reserve the right to use your content for advertising and promotional purposes, and provide your content to third parties. You acknowledge that your content may be included on the websites and advertising networks of our distribution partners and third party service providers.
Intellectual property rights
We are the owner or the licensee of all intellectual property rights (including but not limited to text, graphics, logos, icons, photographs and images, audio clips, digital files, data compilations, tools and software) in our site, and in the material published on it except for in respect of your content Contributions. Nothing in these Terms transfers or assigns to you any of our intellectual property rights in our technology, products, services or our site. All such rights are reserved. You are not granted a licence to any software by these Terms. Our logo may not be used in any manner except as expressly permitted herein or with our express written consent.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organization to content posted on our site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. If you do print off, copy or download any part of our site in breach of these Terms, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
For the avoidance of doubt, you may not use any data mining, robots or similar data gathering or extraction tools to extract any substantial parts of our site for re-utilization, nor create and/or publish your own database that features substantial parts of our site without our express written consent. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged. You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
You will indemnify us against any loss, damages, costs, expenses (including reasonable legal fees) or other claims arising from any breach of the above warranties you commit.
No reliance on information
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action 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.
Limitation of our liability
Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by Canadian law.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, our site; or use of or reliance on any content displayed on our site.
Please note that, in particular, we will not be liable for loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; or any indirect or consequential loss, costs, expenses, damage or other claims (whether caused by our negligence, servants, agents or otherwise) which arise out of or in connection with the content submitted by you.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
Your acceptance of these Terms, also acts as a general release of us and any of our subsidiaries (and all of their officers, directors, agents and employees) from any liability for any claims, loss, damage (both direct and indirect, including loss of profits, goodwill and business opportunity) arising out of or in any way connected to your use of our site.
You will indemnify us (and our affiliates, partners, co-branders, respective directors, officers and employees) and hold us harmless, from and against any loss, damages, costs, expenses (including reasonable legal fees) or other claims arising from any breach by you of any of the Terms. We reserve the right, at our expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
You are responsible for protecting the confidentiality of your account and password. You must immediately notify us of any unauthorized use of them or any other breach of security.
We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
You must not attempt to gain unauthorized access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Criminal Code (R.S.C., 1985, c. C-46). We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
For our own operational purposes, we may back up data on our servers, but we are under no obligation or duty to do so under these Terms. It is your responsibility to back up your files and data, and under no circumstances will be liable for damages of any kind for the loss of your files or data.
Any loss incurred or sustained by you in transmitted information shall be borne solely and exclusively by you and in no event shall any such losses in whole or in part be borne by us.
Linking to our site
You may link to our home page, 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. You must not establish a link to our site in any website that is not owned by you. 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 home page. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the Content standards set out in these Terms. If you wish to make any use of content on our site other than that set out above, please contact firstname.lastname@example.org.
Third party links and resources in our site
We have no control over, accept no liability for and provide no guarantees in respect of third party links and resources provided on our site. Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.
Suspension and termination
We reserve the right at our sole discretion to determine whether there has been a breach of these Terms through your use of our site. When a breach of these Terms has occurred, we may take such action as we deem appropriate.
Failure to comply constitutes a material breach of these Terms upon which you are permitted to use our site, and may result in our taking all or any of the following actions:
Immediate, temporary or permanent withdrawal of your right to use our site.
Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
Issue of a warning to you.
Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
Further legal action against you.
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of these Terms. The responses described in these Terms are not limited, and we may take any other action we reasonably deem appropriate.
For contractual purposes, you consent to receiving communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. For every email message sent in connection with your use of our site, you acknowledge and agree that the recipient has agreed to receive such communication and that you shall not engage in the act of sending unsolicited emails.
You agree to comply with all applicable laws, statutes and regulations concerning your use of our site.
In any action or proceeding to enforce rights under these Terms, the prevailing party will be entitled to recover costs and legal fees.
If any part of these Terms is found to be unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these Terms shall not be affected and shall remain in force.
These Terms contain the entire agreement between us relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between us in relation to such matters or any statements made by you by any person, including (without limitation) any of our employees or agents. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
We shall be entitled to assign, transfer or sub-contract in any way the benefit or burden of these Terms to a third party.
A waiver by us, or a failure to enforce or exercise any of these Terms, shall not be deemed or construed to be a waiver of any such term in the future, nor shall our rights be affected in respect of any subsequent breach of the Terms. All rights and remedies contained in these Terms shall be distinct, separate and cumulative and no action or inaction by us shall operate to exclude or deprive us of any other rights allowed by law.
No one other than a party to these Terms shall have right to enforce any of its terms.
Nothing in these Terms shall constitute a partnership, agency or joint venture between the parties.
Applicable law and jurisdiction
These Terms, their subject matter and their formation, are governed by Canadian law. You and we irrevocably agree that the courts of Ontario, Canada shall have non-exclusive jurisdiction in relation to any dispute arising out or in connection with these Terms, their subject matter or their formation (including any non-contractual disputes or claim).
To contact us, please email email@example.com