SureSend Terms
THESE TERMS OF USE CONTAIN LEGAL OBLIGATIONS. PLEASE READ THESE TERMS OF USE BEFORE USING THIS WEBSITE. BY USING THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE WHICH ARE SUBJECT TO CHANGE AS DESCRIBED BELOW.
These Terms of Use were last updated on October 8, 2024.
General Information
SURESEND Inc. (“SURESEND”, “we” or “us”) is committed to maintaining trust with the users of our Website. SURESEND uses this Website to provide you with general information about SURESEND. Any information provided in this Website is referred to in these Terms of Use, as may be amended from time to time, (these “Terms of Use”) as the “Content”.
For the purposes of these Terms of Use, the term “Website” means SureSend.ca and all its related webpages and websites (including without limitation any mobile optimized website) but does not include any third-party websites which are linked to or may link from this Website, whether or not such third-party websites are used in association with the Content.
Access to and use of the Website is subject to your acceptance of and compliance with these Terms of Use. By using the Website, you agree to be bound by and acknowledge your acceptance of these Terms of Use and our Privacy Policy. If you do not accept these Terms of Use or our Privacy Policy, then DO NOT USE the Website or any of its Content.
Ownership of Website
All right, title and interest in the Website and the Content, including, without limitation, all information, site design, text, graphics, video clips, audio clips and images, are owned by SURESEND and other third parties under license to us, and are protected from unauthorized copying and dissemination by copyright law, trademark law, international conventions and other intellectual property laws. Any unauthorized use of the Content and the materials contained therein is strictly prohibited. You may neither remove any copyright, trademark or other proprietary notices from any copy of, nor modify, the Content. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Website or any Content, through the use of framing or otherwise, except: (i) as expressly permitted by these Terms of Use; or (ii) with our prior written consent. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website. We reserve the right to take such steps as we deem necessary, including without limitation legal action, to restrain unauthorized activity.
Personal and Non-Commercial Use Limitation
You acknowledge and agree that you are authorized to view, print and use the Website and the Content, in accordance with these Terms of Use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, transfer, or sell any information, Content or services obtained from the Website without the express written consent of SURESEND, which consent shall be at SURESEND’s sole and unfettered discretion.
Modification of these Terms of Use and Waiver
We reserve the right to alter, add to, delete, modify, change or amend these Terms of Use at any time by posting the amended Terms of Use on the Website. All amended terms shall be effective immediately upon being posted even without express or specific notice to you of those changes. Your continued use of the Website after such modification of the Terms of Use will constitute your (i) acknowledgement of the modified Terms of Use, and (ii) agreement to abide and be bound by those Terms of Use as modified. The applicable version of these Terms of Use at the time of your use of the Website will govern your use of the Website. You are directed to review these Terms of Use from time to time to ensure your continued knowledge of the terms and conditions contained herein. Any deviations from these Terms of Use or waiver of our rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of one of our directors or officers. No purported waiver or modification of these Terms of Use by us via telephone or email communications will be valid.
Restrictions on Use
As a condition of your use of the Website, you warrant to us that you will not use the Website, Content or links to other web sites from the Website (the “Linked Sites”) for any purpose that is unlawful or prohibited by these Terms of Use.
You agree not to upload or otherwise transmit through the Website (i) any unlawful, harassing, false, misleading, libelous, abusive, profane, threatening, harmful, vulgar, obscene, sexually explicit, pornographic or otherwise objectionable material of any kind or nature, (ii) any material that infringes on any rights of third parties, or (iii) any material that contains any virus or other harmful code that may change or disrupt the Website or any other user’s equipment or software. You further agree not to (i) gain or attempt to gain unauthorized access to the Website, or computer systems or networks via the Website, through hacking, password or data mining, or any other means to circumvent security procedures, (ii) use the Website in any manner that could damage, disable, overburden, or impair the Website or any of the Content, or interfere with any other party’s use and enjoyment of the Website, (iii) access the Website in a manner that utilizes the resources of the Website more heavily than would be the case for an individual person using a conventional web browser, (iv) use any robot, spider or other automatic device, software program or manual process to monitor, copy, “scrape” or interfere with any web pages or the content contained thereon on the Website, (v) use any device, software or routine to interfere or attempt to interfere with the proper working of the Website, or (vi) use the Website to execute denial of service attacks.
Under no circumstances will you use the Website, Content, or any derivative works from the Content, or any portion thereof, in any manner that may infringe any proprietary or intellectual property rights or interests that we may have in such materials. Without limiting the generality of the foregoing, you agree that you will not use the Website, Content, or any material retrieved from the Content, or any portion thereof, to create products or perform services which compete or interfere with our products and services.
Accuracy of Information
While we endeavor to ensure all Content is accurate, up-to-date and complete, the Content may contain errors or inaccuracies, including both typographical and substantive errors. We reserve the right, in our sole discretion, without any obligation and without any notice requirement, to discontinue, change, improve or correct the Content and to suspend or deny access to the Website for scheduled or unscheduled maintenance, upgrades, improvements or corrections. Any dated Content is published as of its date only, and we have no responsibility to update or amend any such Content. You should not rely on the Content without verifying its accuracy through other sources. The Content is provided for informational purposes only.
Links to Third Party Websites
The SureSend Inc. Application contains no links to any third party websites. All content is stored and maintained on SureSend Inc. property and servers.
The SureSend.ca public facing website may contain links to other Linked Sites that are operated by parties other than us. Such Linked Sites are not under the control of SURESEND and we are not responsible for the contents of any Linked Sites. We are providing you with links to the Linked Sites as a convenience and the inclusion of any such links does not imply endorsement by us of the Linked Sites, any association with the operators of the Linked Sites, or acceptance of any responsibility for the content or use of such Linked Site, and you hereby release us from all liability and/or damages that may arise from your use of such Linked Site.
Careers Page
Our careers page is intended to present you with information concerning current employment opportunities with us.
You hereby acknowledge and agree that (i) your application for an employment listing via the careers page does not create an employer-employee relationship with us, (ii) your application for an employment listing via the careers page does not constitute an offer of any kind, (iii) we are not obligated to contact you in connection with your application for any employment listing, and (iv) we shall not be liable for any employment decisions that you make as a result of your reliance on any information posted on the careers page.
Any employment agency, person or entity that submits a resume through the careers page on behalf of an applicant does so with the understanding that (i) any documents and information submitted including the resume will become the property of SURESEND, and (ii) SURESEND will have the right to hire that applicant at its discretion and without any fee owed to the employment agency, person or entity unless an agreement, including a fee arrangement, has been signed with such agency with respect thereto.
Links to the Website
If you operate a website, by linking to our Website you agree that you will, upon our request, remove that link from such third-party website to our Website.
Communications Between You and Us and Non-Confidentiality
Any communications between you and SURESEND, such as via email, fillable form or other correspondence or communication, in writing, verbal or otherwise (the “Communications”), including, without limitation, in which you provide us with messages or you offer suggestions or comments for improving or modifying the Website or the Content or SURESEND’s products or services, will be deemed by us to be non-confidential and non-proprietary, and you agree that (i) we are therefore not subject to any confidentiality obligations in respect of the Communications, (ii) the Communications are not confidential or proprietary information of any third party and you have all of the necessary rights to disclose the Communications to us, (iii) to the fullest extent allowable under any applicable law anywhere in the world, you hereby irrevocably waive your so-called “moral rights” or “ droit moral” as it relates to the Communications, (iv) we (including all of our affiliates, successors and assigns) may freely use, reproduce, publicize, and you irrevocably assign to us the irrevocable right and license to license, distribute, and otherwise commercialize, the Communications on the Website or elsewhere anywhere in the world and in any manner that we so choose without any restriction, and (v) you are not entitled to receive any compensation or reimbursement of any kind from us or anyone else, including, without limitation, any other users of the Website for the Communications; notwithstanding the foregoing, subject to any applicable limitation on liability below, Communications will be deemed by us to be confidential and proprietary if sent by you to us through your licenced use of our encryption technology, or if to any extent as may be agreed to in writing between us.
Our Privacy Policy explains how we collect, use and disclose personal information that pertains to your privacy. The Privacy Policy forms part of the Terms of Use with you and is incorporated by reference herein. For full details, please refer to our Privacy Policy. In addition to the terms and conditions of the Privacy Policy, by providing personal information via the Website or via email or other correspondence or communication, in writing, verbal or otherwise, you agree that we will collect, use and disclose your Personal Information as is necessary to operate the Website and to manage the Privacy Policy and these Terms of Use.
Minors
The Website is intended for general audiences but is not to be used by individuals under 13 years old or under the age of contractual consent in the relevant jurisdiction, whichever is lower (“minors”).
Security
While we endeavor to keep the Website secure and protect any information or data you transmit to us through the Website, information sent or received over the Internet is generally unsecure and we cannot and do not make any representation or warranty concerning security of any communication to or from the Website, or any representation or warranty regarding the interception by third parties of personal or other information, and as such cannot guarantee the security of the Website or such information and will not be liable for any unauthorized access to or use of the data transmitted via the Website.
Disclaimer of All Representations, Warranties and Conditions
THE INFORMATION AND MATERIALS PROVIDED ON THE WEBSITE AND ACCESS TO THE CONTENT ARE PROVIDED ON AN “AS IS”, AS AVAILABLE BASIS. WE, OUR DIRECTORS, OFFICERS, EMPLOYEES, ADVISORS, CONTRACTORS, AFFILIATES, LICENSEES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE WITH RESPECT TO THE ACCESSIBILITY OR CAPABILITY OF THE WEBSITE (INCLUDING WITHOUT LIMITATION WITH RESPECT TO ACCESS TO THE WEBSITE THROUGH ANY MOBILE DEVICE) OR THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE INFORMATION OR DATA PROVIDED THEREON. ALL WARRANTIES OF ANY TYPE, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WITH RESPECT TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED. ANY INFORMATION OR MATERIAL ACCESSED, VIEWED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE AND THE CONTENT BY ANY MEANS OF ACCESS WHATSOEVER IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF INFORMATION OR DATA, FAILURE TO TRANSMIT INFORMATION OR DATA OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING, VIEWING, DOWNLOADING, USING OR RELYING ON ANY SUCH MATERIAL. WE DO NOT WARRANT THAT THE CONTENT PROVIDED HEREIN WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE WEBSITE IS FREE OF OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND WE SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY.
Limitation of Liability and Indemnification
YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE AND ANY INFORMATION CONTAINED HEREIN IS AT YOUR SOLE RISK. WE, OUR DIRECTORS, OFFICERS, EMPLOYEES, ADVISORS, CONTRACTORS, AFFILIATES, LICENSEES AND AGENTS ARE NOT LIABLE UNDER CONTRACT LAW, TORT LAW, OR OTHERWISE, FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THIS WEBSITE OR ANY CONTENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT SHALL WE, OUR SUPPLIERS AND OUR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF OR ACCESS TO, OR ANY INCONVENIENCE, DELAY OR LOSS OF USE OF OR ACCESS TO, THE WEBSITE, OUR PRODUCTS, ANY CONTENT OR ANY LINKS OR FAILURE OF THE WEBSITE OR ANY LINKS OR DAMAGES SUFFERED AS A RESULT OF OMISSIONS OR INACCURACIES IN THE WEBSITE, ANY CONTENT OR ANY LINKS OR THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION TO OR FROM THE WEBSITE OR ANY LINKS). THESE LIMITATIONS SHALL APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
YOU ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT BY YOU AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
YOU SHALL INDEMNIFY AND HOLD US AND OUR DIRECTORS, OFFICERS, EMPLOYEES, ADVISORS, CONTRACTORS, AFFILIATES, LICENSEES AND AGENTS HARMLESS FROM ALL CLAIMS, THREATS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, OBLIGATIONS, COSTS AND EXPENSES, INCLUDING REASONABLE LAWYERS’ FEES, MADE BY YOU AND ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE WEBSITE, ANY VIOLATION BY YOU OF THESE TERMS OF USE, OR ANY VIOLATION BY YOU OF ANY RIGHTS OF ANOTHER (INCLUDING, WITHOUT LIMITATION, ALL INTELLECTUAL PROPERTY RIGHTS AND RIGHTS OF PUBLICITY, PERSONALITY OR PRIVACY).
YOU EXPRESSLY ACKNOWLEDGE THAT WE ARE MAKING THE WEBSITE, CONTENT AND LINKED SITES AVAILABLE TO YOU IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN AND THAT SUCH PROVISIONS FORM AN ESSENTIAL BASIS OF THE CONTRACT BETWEEN YOU AND US. YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN WILL SURVIVE AND CONTINUE TO APPLY IN THE CASE OF A FUNDAMENTAL BREACH OR BREACHES OF, THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY OR THE TERMINATION OR SUSPENSION BY US OF YOUR USE OF, OR ACCESS TO, THE WEBSITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
Ability to Accept the Terms of Use
You represent and warrant that (i) you are an individual and over the age of majority in the jurisdiction in which you are resident, (ii) you are using the Website in a jurisdiction where access to, or use of, the Website (or any part thereof) is not prohibited or illegal, and (iii) you are fully able and competent to enter into, and abide by, these Terms of Use.
Jurisdiction
Those who choose to access the Website from outside Canada do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Notwithstanding the foregoing, and recognizing the global nature of the Internet, each viewer and user shall comply with all local rules regarding online conduct and submission of acceptable materials. These Terms of Use are governed and interpreted pursuant to the laws of the Province of Alberta, Canada and the federal laws of Canada applicable therein, without regard to principles of conflicts of law that would impose the law of another jurisdiction, and you hereby attorn to the exclusive jurisdiction of the courts located within the Province of Alberta, Canada.
Termination
We may, with or without cause, at any time and without prior notice, immediately terminate our relationship with you or your ability to access the Website or portions thereof. You agree that SURESEND may, in its sole discretion, terminate or suspend your access to all or part of the Website for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating this relationship and such activity may be referred to appropriate law enforcement authorities. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension of your access to the Website.
Website Availability
We cannot guarantee that the Website will be available all of the time. Although we endeavour to provide a reliable website, interruptions and delays in accessing the Website are unavoidable and we disclaim any liability for damages resulting from such problems.
Notices
Any notices may be given to you by any means including, but not limited to (i) email, (ii) notices or messages posted on the Website, or (iii) any other means by which you obtain notice thereof.
Miscellaneous
In case any of the provisions of these Terms of Use shall for any reason be held to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect any other provisions hereof, and these Terms of Use shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. These Terms of Use are binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives and permitted assigns. You shall not assign or transfer your rights or obligations hereunder without our prior written consent, which consent shall be at our sole and absolute discretion. These Terms of Use constitute the entire agreement between you and us with regard to your use of the Website, and any and all other written or oral agreements or understandings previously existing between you and us with respect to such use are hereby superseded and cancelled. Our failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by us of any provision or any right we have to enforce these Terms of Use, nor shall any course of conduct between us and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.
Contact Us
If you have any comments or questions, please contact us at info@SureSend.ca