Merjj T&C
ENGLISH
V04 – June 15, 2021
Welcome to the Merjj website portal.humancontacthosting.com ( the “Website”). This Website is operated by Human Contact Inc. / Merjj Inc. (“we”, “our”, “us” or the “Operator”) on behalf of itself and Human Contact Inc. / Merjj Inc.. The Operator and Human Contact Inc. / Merjj Inc. are also referred to each individually as a “Company” and collectively as the “Companies”).
Any person who wants to use the Website (referred to herein as “you” or “your”) must accept these terms and conditions of use (“Terms of Use”) stipulated by the Companies without any modifications. Please read them carefully. By using and accessing this Website, you accept, without limitation, all of the Terms of Use, and all related policies of the Website, including the Privacy Policy, as indicated in these Terms of Use. If you do not agree with all of these Terms of Use, you must not access or use the Website.
1. Purpose of the Site
The purpose of this Website is a) to provide general information and updates about products services and news to employees, partners, customers, event attendees, and stakeholders and b) to offer a platform for user engagement and conversation about these topics.
By accessing this Website, you represent, warrant and agree that: (i) you are of the age of majority in your province of residence, or have received approval from your legal guardian who is the age of majority in your province of residence; (ii) you are either an invited attendee, partner, customer or stakeholder conducting business with one or both of the Companies; and (iii) your employer has authorized you to enter into and agree to these Terms of Use.
2. Registration
When you first log in on the Website, you will have access to a profile that was populated by the Companies based on the information you have provided in the past when accessing or using other websites or systems of the Companies. If you have never used other websites of the Companies before, you will be asked to fill in your profile on the Website during your Website registration. You must either provide us with accurate and complete registration information or make sure that the profile information is accurate and complete. It is your responsibility to inform us of any changes to that information by logging to the Website and modifying your profile information.
During registration, you will be asked to confirm or provide Personal Information (as defined in the Privacy Policy – portal.humancontacthosting.com/terms-and-conditions).You agree that your username and password to access the Website are confidential and you undertake to preserve their confidentiality at all times. You agree not to sell, transfer or assign your account, and you will be responsible for any use that is made of your username and password by any person. You acknowledge and agree that you have truthfully indicated your age when you first entered the Website. If we believe the information that you provide is not correct, current or complete, we have the right to refuse you access to the Website, and to terminate or suspend your access at any time.
3. Ownership of materials, Copyright and Trademark Notice
All materials used or displayed on the Website, including text, graphics, logos, icons, pictures, illustrations, artwork, audio or video clips, underlying HTML, software codes, Meta-tags as well as the collection, arrangement, and assembly of such materials (“Website Content”), are owned or used under license by the Companies or third party material that the Companies have been authorised to display as Website Content and are protected by copyright, trade-mark or other applicable laws. You are hereby authorized to display on your computer, download, use and make one printed copy of the Website Content solely for your own non-commercial use, provided that you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. You may not copy or use the Website Content in any other manner or for any purpose. In particular, you may not (i) modify, sell, reproduce, distribute, retransmit, publish, display, prepare derivative works based on, re-post or otherwise use any of the Website Content or underlying ownership rights or copyrights without the prior written consent of the Company; or (ii) remove or alter any visible or non-visible identification, marks, notices, or disclaimers. In the event that you wish to use the Website Content for purposes other than personal use, or to modify the Website Content, please contact us by sending an e-mail to contact@humancontact.com
Certain content on this Website, including, but not limited to, text, graphics, logos, icons, and photographs is owned or provided by third parties (“Third Party Content”). You understand that you have no proprietary rights in the Third Party Content and that the third parties retain all proprietary right, title or interest, including copyright, in their respective Third Party Content. You may not copy, sell, reproduce, distribute, retransmit, publish, modify, display, prepare derivative works based on, re-post or otherwise use any of the Third-Party Content without the prior written consent of such third parties. Should you wish to use the Third-Party Content, please contact the respective third party for permission.
Brands appearing on this Website and related logos are trade-marks used under license by the Companies or identifying products distributed or merchandised by the Companies (the “Trademarks”). The Website may also contain other trade-marks owned or controlled by third parties (“Third Party Marks”). Your use of and the content of the Website should not be construed as granting, by implication or otherwise, any license to use the Trademarks or Third Party Marks without the prior written consent of the Operator or the owner of the Third Party Marks.
portal.humancontacthosting.com is a domain name registered by the Operator (the “Domain Name”). You may not link to this site or utilize our Domain Name without our prior written consent.
You may not frame or utilize framing techniques to enclose any Website Content, Third Party Content, Trade-marks, Domain Names and Third Party Marks or other proprietary information of the Companies without our written consent. You may not use any meta-tags or any other “hidden text” utilizing the name of either Company, the Trade-marks or the Third Party Marks without the express written consent of the Operator.
4. Lawful Use of Website
You agree that you shall use the Website for lawful purposes only. The Website may contain comment boxes, forums, chat areas and/or other message or communication facilities designed to allow you to communicate with other users of the Website. You agree only to post and send messages and content that are proper and related to the relevant area of the Website.
Without limiting the generality of the foregoing, you will not use the Website, or allow others to use the Website, to:
- download, e-mail, post, make available, provide access, or otherwise transmit any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, pornographic, hateful, or racially, ethnically or otherwise objectionable, including but not limited to any materials which encourage conduct that would constitute a criminal offence or civil liability, infringe other’s intellectual property or other rights, disclose private or personal matters concerning any person, or otherwise violate or may be considered to violate any applicable local, provincial, federal or international law;
- e-mail, post, make available, provide access, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- upload, e-mail, post, make available, provide access, or otherwise transmit on the Website any material that contains software viruses, worms, “Trojan Horses”, or any other computer code, files or programs designed to interrupt, destroy, alter, or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the Website or servers or networks connected to the Website, including attempting to interfere with the access of any other user, host or network, including without limitation, overloading, engaging in “denial of service” attacks, “spamming”, “crashing”, or “mail-bombing” the Website or disobeying any requirements, procedures, policies or regulations of networks connected to the Website;
- use the Website for any public or commercial purposes, including the solicitation of funds, without the prior written permission of the Company;
- modify, adapt, sublicense, translate, sell, reverse engineer, decompile, disassemble, mirror, scrape, data-mine, attempt to extract the source code of or otherwise deconstruct any portion of the Website or Website Content; or’
- collect or store personal data about other users.
You agree not to access the Website from any territory where its use or content is illegal. You agree that the Companies are not responsible for compliance with applicable foreign local laws.
The Companies reserve the right to monitor use of the Website to determine compliance with these Terms of Use, as well as the right to remove or refuse any information which violates these Terms of Use. The Companies also reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
You are responsible for violations of these Terms of Use by anyone using the Website with your permission or using your account on an unauthorized basis. Your use of the Website to assist another person in an activity that would violate these Terms of Use if performed by you is a violation of these Terms of Use.
5. Website Privacy Policy
By accessing the Website, you acknowledge that you have seen, reviewed and understand the Website’s Privacy Policy (“Privacy Policy”) governing the collection, use, storage and disclosure of your Personal Information. You agree to be bound by the Privacy Policy while you are using the Website and you also agree that the terms of the Privacy Policy are reasonable. The Privacy Policy may be modified by the Companies from time to time at their sole discretion and your continued use of the Website after such modification will constitute your acceptance of such modifications.
By accessing and the uploading the image and information tools on this Website, including the uploading of self-portraits ( “selfies”) or other images and content created by you (“User-Created Content”) as part of your usage of the website, you hereby understand and grant permission to the Companies their respective affiliates, their respective licensed operators, and all of their respective successors and assignees (collectively the “Releasees”), to use the User-Created Content, including your name, image and/or likeness as such name, image and/or likeness may appear in various places on the Website. You acknowledge that the Companies will not use your image or information outside of the Website, without your written permission.
You agree that you shall receive no compensation or payment whatsoever with respect to any materials or User Created Content you have uploaded to the website, including your name, image and/or likeness. In the event that the Companies administer a contest using User Created Content, such contest will be operated under separate contest terms and any prizes awarded for participation in such contest shall be subject to those specific contest terms.
You confirm that the Companies’ use of User Created Content provided by you shall not violate or infringe any rights of any third party or otherwise be unlawful or inappropriate. You hereby release the Releasees from any and all claims and demands arising out of or in connection with such use of the Website, including, without limitation, any and all claims for invasion of privacy, infringement or my right of publicity, copyright, defamation (including libel and slander), false light and any other personal and/or property rights. You acknowledge and agree that Releasees shall own all right, title and interest, including the copyright, in and to the Website and associated materials, to be used and disposed of, without limitation as Companies shall determine in their sole discretion.
6. Modifications to the Website
The Operator reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the Website and to restrict or prohibit access to it, with or without notice. You agree that neither Company shall be liable to you or to any third party for any modification, suspension or discontinuance of the Website. The Operator reserves the right, in its sole discretion, to correct any errors or omissions in any portion of this Website at any time without notice but confirms that neither Company has no obligation to do so.
7. Hyperlinks
This Website contains hyperlinks to Websites operated by parties other than the Operator. These hyperlinks do not imply any endorsement by the Companies of or any affiliation with or endorsement by the Companies of the hyperlinked website. Once you are linked to another website, you should read the applicable terms of use and privacy statement of that website before using such website and disclosing any personal information.
You acknowledge and agree that neither of the Companies is responsible for the availability of any external sites or the content provided on external sites and no endorsement of any third party products or services is expressed or implied by any information, material or content referred to or included on or linked from or to the Website. Your access and use of such third party sites, including any information, material, products and services therein, is solely at your own risk.
8. Disclaimer
You expressly understand and you expressly agree that the Website, the Website Content and the Third Party Content, are provided on an “as is” and “as available” basis without any warranty of any kind whatsoever, either express or implied, including, but not limited to, the implied warranties of merchantability, merchantable quality, accuracy, fit for any particular purpose, quiet enjoyment, or non-infringement. The Website may include inaccuracies or typographical errors.
For greater certainty: (i) neither Company makes any; (ii) each Company disclaims all; and (iii) there are no; representations, warranties or conditions, express or implied, statutory or otherwise, regarding the Website, any Website Content or any Third Party Content made available through the Website including, without limitation, representations, warranties or conditions, express or implied, statutory or otherwise: (1) that the Website will meet your requirement; (2) that the Website will be uninterrupted, timely, secure or error-free; (3) about the results that may be obtained from the use of the Website; (4) that the Website Content or the Third Party Content will be accurate or reliable; (5) that the Website Content or Third Party Content will be of merchantable quality or fit for any particular purpose and (6) that the quality of any Website Content or the Third Party Content obtained by you through the Website will meet your expectations.
Any Website Content or the Third Party Content downloaded or otherwise obtained through the use of the Website is done at your risk and you will be solely responsible for any damage to your computer system or loss of data that results from the downloading of any such material.
No advice or information, whether oral or written, obtained by you from either Company or through the Website shall create any warranty not expressly made herein. Certain jurisdictions do not allow limitations on implied warranties or conditions or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights as provided by law.
Under no circumstances will either Company be liable in any way to you for any Website Content or Third Party Content, including, but not limited to, any errors or omissions in such Website Content or Third Party Content, or for any loss or damage of any kind incurred as a result of the use of any Website Content or Third Party Content downloaded, e-mailed or otherwise transmitted to you via the Website.
You hereby agree to release the Companies and each of them and each of their affiliates and subsidiaries and their respective directors, officers, shareholders, employees, agents, representatives or advisors (“Representatives”) from any and all liability whatsoever or arising from your use of the Website, including any e-mail to the Website, and you agree that if you are unhappy with any of the services provided through the Website, then your sole remedy is to cease using them.
You hereby agree that the Companies do not guarantee that products displayed on the site are available at time of ordering and that there is no guaranteed level of service or performance associated with the Website.
9. Limitation of Liability
In no event shall either Company, or its or their affiliates or subsidiaries or their respective Representatives be liable to you for any direct, indirect, incidental, special, consequential, punitive or exemplary, claims, losses, expenses, debts or damages of any nature whatsoever, including but not limited to, damages for loss of profits, loss of income, loss of revenues, loss of anticipated sales, loss of opportunities, business interruption, failure to realize unexpected savings, personal injury, damage to property, damages resulting from viruses, data corruption, failed messages, transmission errors or problems, links to third-party websites, third-party content, third-party products or services, claims of third parties, loss of goodwill, use, data or other intangible losses (even if they have been advised of the possibility of such damages), whether resulting from faults, omissions or negligence of contractual or of statutory nature or of any other nature whatsoever, resulting from: (i) your access or use or the inability to access or use the Website, the Website Content or the Third Party Content or any website to which you hyperlink from the Website or any information or your reliance on any content, goods or services available on or through any linked website; (ii) any third party claims that the access or use by you of the Website, the Website Content or the Third Party Content violates any intellectual property or proprietary right; (iii) any failure of performance of the Website, the Website Content or any Third Party Content, whether related to error, omission, interruption, defect, delay in operation or transmission, computer viruses or line failure; or (iv) any other matters relating to the Website, the Website Content or the Third Party Content, even if the Companies or you have been advised of the possibility of such damages, and whether resulting from any misrepresentation, tort or contract law or otherwise. You specifically acknowledge that neither Company is liable for the defamatory, offensive or illegal conduct of any third parties and that the risk of injury from the foregoing rests entirely with you. Further, neither Company shall have any liability to you for any Website Content or Third Party Content downloaded from the Website.
10. Indemnity and Discharge
You are responsible and liable for: (a) any breach of your representations, warranties, covenants or obligations under these Terms of Use and for the consequences of such breach, including any resulting loss or damage incurred by the Companies; (b) any and all activities that occur at the time of your age confirmation, registration or creation of your account; and (c) any and all actions and omissions by you.
You agree to indemnify and hold harmless the Companies, their affiliates and subsidiaries and their respective Representatives from and against any claims, losses, judgments, damages, costs and expenses (including, without limitation, reasonable legal fees), incurred by any of the foregoing parties due to or resulting from your use of the Website, the Website Content or the Third Party Content or your violation of these Terms of Use. You will assist and co-operate as fully as reasonably required by the foregoing parties in the defense of any such claim or demand.
11. Changes to these Terms of Use
We reserve the right to change any of these Terms of Use at any time and at our sole discretion. Any changes will be effective upon posting of a new or modified version of these Terms of Use on the Website. Your use of the Website will be subject to the then current version of these Terms of Use or any other policy or guideline posted or referenced on the Website at the time of such use. Your continued use of the Website following the posting of any changes will constitute your acceptance of such changes or modifications. If you do not agree to any changes to these Terms of Use, please immediately discontinue use of the Website.
12. Applicable Law
These Terms of Use will be governed by the laws of the Province of Ontario and the applicable federal laws of Canada. Any dispute or legal proceedings arising directly or indirectly from these Terms of Use shall be instituted exclusively before a competent court of law located in the legal district of Toronto, Province of Ontario, Canada, and you irrevocably submit and consent to the exclusive jurisdiction of those courts in respect of all such disputes.
13. Entire Agreement
These Terms of Use include and incorporate by reference all notices, policies, disclaimers and other terms and conditions contained on the Website, including the Privacy Policy (collectively, the “Additional Terms”). These Terms of Use, as they may be amended from time to time, constitute the entire agreement between you and the Companies or either of them relating to the use of the Website and supersede any prior understandings or agreements (whether oral or written), claims, representations, warranties, and understandings of the parties regarding the use of the Website and these Terms of Use may not be amended or modified except in writing or by making such amendments or modifications available on the Website. By using the Website after the date on which any modifications enter into effect, you agree to the latest version of these terms.
14. Export Laws
You will comply with the export laws and regulations of Canada and the United States in connection with your use of this Website and in connection with any direct or indirect export of Website Content, Third Party Content or any other products, information or materials including any in respect of any products of either Company acquired through the Website.
15. Role and Responsibility of Each Company
Each of the Companies is entitled to the benefit of these Terms of Use. The responsibilities of each Company under these Terms of Use are several and the responsibilities of each Company are not joint.
16. Assignment
You may not assign or otherwise transfer your rights, duties or obligations hereunder. You acknowledge that the Companies have the right to assign this Agreement to a party who agrees to assume the responsibilities under these terms upon notice to you.
17. Severability
If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect.
18. No Waiver
Neither Company will be considered to have waived any of its rights or remedies described in these Terms of Use unless the waiver is in writing and signed by the Company against whom such waiver is alleged. No delay or omission by either Company in exercising our rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. Any failure by a Company to enforce the strict performance of any provision of these Terms of Use will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of these Terms of Use.
19. Termination
These Terms of Use are effective until terminated or replaced by us, with or without cause, in our sole and exclusive discretion. The Operator may refuse to grant you access to the Website if you fail to comply with any of our Terms of Use. We also reserve the right to terminate or suspend your use of the Website or any portion thereof at any time, for any reason, with or without cause. Any such termination by us shall be in addition to, without prejudice to such rights and remedies as may be available to us, including injunction and other civil or equitable remedies or relief. If these Terms of Use or your permission to use this Website are terminated for any reason, then (a) these Terms of Use will nevertheless continue to apply and be binding upon you in respect of your prior use of this Website and anything connected with, relating to or arising from that use; and (b) we may continue to use and disclose your personal information in accordance with our Privacy Policy, as amended from time to time.
Should you wish to terminate your Website account and that we cease communicating with you regarding Merjj, please notify us by e-mail at contact@humancontact.com.
Sections 3, 8, 9, 10, 12, 13, 15 and 19 of these Terms of Use shall survive the termination or expiry of these Terms of Use.
20. Rights
All rights not expressly granted herein are reserved.
21. Contact
If you require assistance with accessing any part of the Website, please contact the Company at contact@humancontact.com.
Questions, comments or any violations reports should be sent by e-mail to: contact@humancontact.com
