Terms and Conditions
IMPORTANT LEGAL NOTICE
ATTENTION: This legal notice applies to the entire contents of the Website under the domain name www.emergetechlab.com or any local domain variants used to access the same information and to any correspondence by e-mail between Us and You. Please read these terms carefully before using the Website. Using the Website indicates that You accept these terms. If You do not accept these terms, do not use the Website. This notice is issued by Emerge Technology Lab, a limited liability corporation registered in Canada.
“Company” or “We” or” Us” or “Our” mean Emerge Technology Lab and any of Emerge's associated companies, the other partnerships, corporations and other undertakings which are authorised to carry the name "Emerge" or to describe themselves as being "in association with Emerge" (or similar expressions) or one or more of those undertakings as the context requires and their successors and assigns; All the companies trading in all different countries and which are associated to Emerge are all independent companies and regulated by the laws of the countries they are registered in. The term “Partner” indicates a member of Emerge. It should not be construed as indicating that the members of Emerge are carrying on business in partnership for the purposes of the Partnership Act 1980.
Nothing in the documents available through the Website is to be taken to indicate that Emerge or any of its limited liability affiliated undertakings are unlimited liability undertakings or general partnerships.
“You” or “Your” mean a user of this website.
By accessing this website, You agree:
- that You will access its contents solely for Your own private use.
- to comply with all applicable laws and regulatory requirements relating to Your use of this website.
- to comply with all reasonable instructions We give You relating to this website.
- not to use this website to distribute any information or data in contravention of any regulation or legislation (including, but not limited to, regulation or legislation governing financial services, money laundering or anti-terrorism).
1.1 You may access the Website without registering Your details with Us.
1.2 By accessing any part of the Website, You shall be deemed to have accepted this legal notice in full. If You do not accept this legal notice in full, You must leave the Website immediately.
1.3 The Company may revise this legal notice at any time by updating this posting. You should check the Website from time to time to review the then current legal notice, because it is binding on You. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at the Website.
2.1 You are permitted to print and download extracts from the Website for Your own use on the following basis:
(a) no documents or related graphics on the Website are modified in any way;
(b) no graphics on the Website are used separately from the corresponding text; and
(c) the Company's copyright and trade mark notices and this permission notice appear in all copies.
2.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation photographs, texts and graphical images) are owned by the Company or its licensors. For the purposes of this legal notice, any use of extracts from the Website other than in accordance with clause 2.1 for any purpose is prohibited. If You breach any of the terms in this legal notice, Your permission to use the Website automatically terminates and You must immediately destroy any downloaded or printed extracts from the Website.
2.3 Subject to clause 2.1, no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company's prior written permission.
2.4 Any rights not expressly granted in these terms are reserved.
3. Service access
3.1 While the Company endeavours to ensure that the Website is normally available 24 hours a day, the Company shall not be liable if for any reason the Website is unavailable at any time or for any period.
3.2 Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company's control.
4. Visitor material and conduct
4.1 You are prohibited from posting or transmitting to or from the Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
(b) for which You have not obtained all necessary licences and/or approvals; or
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; o
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
4.2 You may not misuse the Website (including, without limitation, by hacking).
4.3 The Company shall fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of clause 4.1 or clause 4.2.
5. Links to and from other websites
5.1 Links to third party websites on the Website are provided solely for Your convenience. If You use these links, You leave the Website. The Company has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. The Company therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If You decide to access any of the third party websites linked to the Website, You do so entirely at Your own risk. You may create links to the Website provided that:
(a) You do not remove, distort or otherwise alter the size or appearance of the Emerge logo;
(b) You do not create a frame or any other browser or border environment around the Website;
(c) You do not in any way imply that the Company is endorsing any products or services other than its own;
(d) You do not misrepresent Your relationship with the Company nor present any other false information about the Company;
(e) You do not otherwise use any Emerge trade marks displayed on the Website without express written permission from the Company;
(f) You do not link from a website that is not owned by You; and
(g) Your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
5.2 The Company expressly reserves the right to revoke the right granted in clause 5.1 for breach of these terms and to take any action it deems appropriate.
5.3 You shall fully indemnify the Company for any loss or damage suffered by the Company or any of its group companies for breach of clause 5.1.
6.1 While the Company endeavours to ensure that the information on the Website is correct, the Company does not warrant the accuracy and completeness of the material on the Website. The Company may make changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on the Website may be out of date, and the Company makes no commitment to update such material.
6.2 The material on the Website is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides You with the Website on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose) and the use of reasonable care and skill which, but for this legal notice, might have effect in relation to the Website.
7.1 The Company, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of the Company's group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to You or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect Your computer equipment, software, data or other property on account of Your access to, use of, or browsing the Website or Your downloading of any material from the Website or any websites linked to the Website.
7.2 Nothing in this legal notice shall exclude or limit the Company's liability for:
(a) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977; or
(b) fraud; or
(c) misrepresentation as to a fundamental matter; or(d) any liability which cannot be excluded or limited under applicable law.
7.3 If Your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, You assume all costs thereof.
8. Governing law and jurisdiction
This legal notice shall be governed by and construed in accordance with Canadian law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the Canadian courts.
Issue Date: December 2022