Please read these terms of use carefully before using this website.
The following Terms and Conditions govern and apply to your use of or reliance upon this website maintained by eNowé Inc. (the website).
Your access or use of the website indicates that you have read, understand and agree to be bound by these Terms and Conditions and any other applicable laws, statutes and/or regulations. We may change these Terms and Conditions at any time without any notice, effective upon its posting to the website. Your continued use of the website will be considered your acceptance to the revised Terms and Conditions.
- Intellectual Property
All intellectual property on the website (except for User Generated Content, as defined below) is owned by us or our licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names are owned, registered and/or licensed by us. All content on the website (except for User Granted Content, as defined below), including but not limited to text, software, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content is a collective work under Canadian and other copyright laws and is the proprietary property of the Company; All rights reserved.
2. Use of Company Materials
We may provide you with certain information as a result of your use of the website including, but not limited to, documentation, data, or information developed by us, and other materials which may assist in the use of the website or services (“Company Materials”). The Company Materials may not be used for any other purpose than the use of this website and the services offered on the website. Nothing in these Terms of use may be interpreted as granting any license of intellectual property rights to you.
3. User Generated Content
“User Generated Content” is communications, materials, information, data, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content that you and/or other Website users post or otherwise make available on or through the Website, except to the extent the content is owned by us.
4. Acceptable Use
You agree not to use the website for any unlawful purpose, or any purpose prohibited under this clause. You agree not to use the Website in any way that could damage the Website, the services or the general business of eNowé Inc.
You further agree not to use and/or access the Website:
a) To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
b) To violate any intellectual property rights of us or any third party;
c) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
d) To perpetrate fraud;
e) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
f) To publish or distribute any obscene or defamatory material;
g) To publish or distribute any material that incites violence, hate or discrimination towards any group;
h) To unlawfully gather information about others.
5. Protection of Privacy
Through your use of the Website, you may provide us with certain information. By using the Website, you authorize us to use your information in Canada and any other country where we may operate.
We use the information gathered from you to ensure your continued good experience on our website, including through email communication. We may also track certain of the passive information received to improve our marketing and analytics, and for this, we may work with third-party providers.
If you would like to disable our access to any passive information we receive from the use of various technologies, you may choose to disable cookies in your web browser. Please be aware that we will still receive information about you that you have provided, such as your email address.
If you choose to terminate your account, we will store information about you for a reasonable period of time to be determined by us in accordance with applicable federal, provincial laws. After this period, all information about you will be deleted.
6. Reverse Engineering Security
You may not undertake the following actions:
a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website;
b) Violate the security of the Website through any unauthorised access, circumvention of encryption or other security tools, data mining or interference to any host,
user or network.
7. Indemnification
You defend and indemnify eNowé and any of its affiliates and hold us harmless against any and all legal claims and demands, including reasonable attorney fees, which may arise from or relate to your use or misuse of the Website, your breach of these Terms and Conditions, or your conduct or actions. We will select our own legal counsel and may participate in our own defence, if we wish to do so.
8. Service Interruptions
We may need to interrupt your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that we will have no liability for any damage or loss caused as a result of such downtime.
9. Termination of Account
We may, in our sole discretion, suspend, restrict or terminate your use of the Website, effective any time, without notice to you, for any reason, including because to operation or efficiency of the website or our or any third party’s equipment or network is impaired by your use of the Website, we have received third party complaint which relates to your use or misuse of the Website, or you have been or are in breach of any term or condition of these Terms and Conditions. We will have no responsibility to notify any third party, including any third party providers of services, merchandise or information, of any suspension, restriction or termination of your access to the Website.
10. Privacy
Internet communications are subject to interception, loss or alteration and, as consequences, you acknowledge that information or data you provide by electronic means by accessing or using this Website are not confidential or exclusive, except to the extent required by the applicable laws, and that communications by email maybe intercepted, altered or lost.
For more information, please refer to our Privacy Policy, available on our Website.
11. Limitation of Liability
We are not liable for any damages that may occur to you as a result of your use of the Website, to the fullest extent permitted by the law. This applies to any or all claims by you, including, but not limited to, lost funds, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.