RAZZBERRY’S CYBER SECURITY SOLUTIONS INC. WEBSITE TERMS OF USE
LAST UPDATED: 2023-11-10
1. OVERVIEW
These Terms of Use form a legally binding contract between RAZZBERRY’S
CYBER SECURITY SOLUTIONS INC. (“we” or “us”) and the people and
companies (“Users” or “you”) that access and use our website located at
https://razzberrys.solutions or any related website or mobile platform controlled
by us (collectively, the “Website”). These Terms of Use apply to all services
provided through our Website and any other software application we operate,
and all content, services, and products available at or through the Website.
It is very important that you read and fully understand these Terms of Use
before using the Website. By agreeing to these Terms of Use and using the
Website, you are entering into a legally binding contract which will impact your
rights.
By accessing any part of the Website, you agree to be bound by these Terms of
Use. You are also confirming that you have read and fully understood these
Terms of Use. If you do not agree to or understand all of these Terms of Use,
then you may not access the Website or use any services available on the
Website.
These Terms of Use should be read in conjunction with the Privacy Policy and
any other rules, guidelines, or policies posted on the Website.
2. SERVICES AVAILABLE ON THE WEBSITE
Without restriction, we generally offer the following services through the
Website:
We sell cyber security and cloud backup services
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The services we offer are subject to change over time. By using the Website,
you are confirming that you have determined that the services are appropriate
for your needs. We do not guarantee that these services meet your needs or that
they are suitable for your specific purposes.
3. OWNERSHIP OF YOUR FILES
When you choose to upload documents or data (including any images or text),
RAZZBERRY’S CYBER SECURITY SOLUTIONS INC. does not review or prescreen the contents of electronic data uploaded or posted to the Website
(“Content”) and RAZZBERRY’S CYBER SECURITY SOLUTIONS INC. claims no
intellectual property rights with respect to the Content.
However, by posting, uploading, inputting or submitting any Content
whatsoever to the Website, you are granting RAZZBERRY’S CYBER SECURITY
SOLUTIONS INC. an irrevocable, royalty free licence while the Content remains
uploaded to the Website, to use the Content for any purpose related to the use
and promotion of its business and the Website, including the right to copy,
distribute, edit, and publicly display such content with or without attribution.
4. TERMINATION
You may cancel these Terms of Use at any time by discontinuing your use of the
Website.
5. LIMITATION OF LIABILITY
Except in a case where we are in violation of these Terms of Use, we will not be
held liable for, and you hereby fully waive the right to claim for, any loss, injury,
claim, liability or damages of any kind resulting in any way from use of the
Website.
Your use of the Website is at your sole risk. The Website is provided on an “as
is” and “as available” basis without any warranty or condition, express, implied
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or statutory. We do not warrant that your use of the Website will be
uninterrupted, secure or error-free.
In no event will we have any liability to you or any third party for any lost
profits or revenues or for any indirect, special, incidental, consequential, or
punitive damages however caused, whether in contract, tort, or otherwise, and
whether or not you or the third party have been advised of the possibility of
such damages. In the event the foregoing paragraph, or any part thereof, is void
under applicable law, this paragraph, or such part thereof, shall be inapplicable.
6. INDEMNIFICATION
You agree to indemnify and hold harmless RAZZBERRY’S CYBER SECURITY
SOLUTIONS INC., including our officers, directors, shareholders, employees
and agents, from and against any and all claims and expenses, including legal
fees and disbursements, which are made against us and arise out of your use of
the Website, including but not limited to your violation of any term of these
Terms of Use or any other policy posted on the Website.
7. SECURITY BREACHES
In order to protect your security, it is your sole responsibility to ensure that all
usernames and passwords used to access the Website are kept secure and
confidential.
You must immediately notify us of any unauthorized use of your account,
including the unauthorized use of your password, or any other breach of
security.
We will investigate any breach of security on the Website that we determine in
our sole discretion to be serious in nature, but we will not be held responsible
or liable in any manner for breaches of security or any unauthorized access to
your account however arising.
8. WARRANTIES AND REPRESENTATIONS
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We hereby disclaim all warranties of any kind, whether express, implied, or
statutory, including but not limited to implied warranties as to merchantability
or fitness for a particular purpose as they relate to the Website.
9. COMPLIANCE WITH LAWS
You represent and warrant that:
i. You have the authority to bind yourself to these Terms of Use;
ii. Your use of the Website will be solely for purposes that are permitted by
these Terms of Use;
iii. Your use of the Website will not infringe or misappropriate the
confidentiality or intellectual property rights of any User or third party; and
iv. Your use of the Website will comply with all local, provincial and federal
laws, rules and regulations, and with all policies posted on the Website.
You must only use the Website for your own lawful purposes, in accordance with
these Terms of Use and any notice, policy or condition posted on the Website.
You may use the Website on behalf of others or in order to provide services to
others but if you do so you must ensure that you are authorized to do so and
that all persons for whom or to whom services are provided comply with and
accept all these Terms of Use.
10. AGE RESTRICTIONS
Users Must be Over the Age of 18. You represent and confirm that you are
over the age of 18. We do not target, market, or promote the Website to those
under 18. We do not permit any User under the age of 18 to use the Website.
11. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms of Use and any access to or use of the Website shall be governed
by, and construed in accordance with, the laws in force in the Province of
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Ontario.
If any claim, dispute or controversy occurs between RAZZBERRY’S CYBER
SECURITY SOLUTIONS INC. and a User relating to the interpretation or
implementation of any of the provisions of these Terms of Use, such dispute
shall be resolved by private, confidential and binding arbitration. Such
arbitration shall be conducted by a single arbitrator. The arbitrator shall be
appointed by agreement of the parties or, in the absence of an agreement, such
arbitrator shall be appointed by a judge upon the application of either the User
or RAZZBERRY’S CYBER SECURITY SOLUTIONS INC. Arbitration shall be held
in the Province of Ontario, unless otherwise agreed by the parties. The
arbitration procedure to be followed shall be agreed by the parties or, in
absence of an agreement, determined by the arbitrator. The arbitration shall
proceed in accordance with the provisions of the Arbitration Act, 1991, SO 1991, c
17. Subject to any right of appeal, the decision arrived at by the arbitrator shall
be final and binding. Judgment upon the award rendered by the arbitrator may
be entered in any court having jurisdiction.
12. WAIVER OF CLASS ACTION
By using the Website, you agree to resolve any claim or dispute arising between
you and us on an individual basis, rather than addressing such claim or dispute
as part of a group or class. You hereby waive any right you may have to
commence or participate in any class action lawsuit commenced against
RAZZBERRY’S CYBER SECURITY SOLUTIONS INC. or its affiliates related to
any claim, dispute or controversy arising from your use of the Website. Where
applicable, you hereby agree to opt out of any class proceeding against
RAZZBERRY’S CYBER SECURITY SOLUTIONS INC. otherwise commenced.
The above waiver shall not apply to claims or disputes arising under consumer
protection legislation or any other claim or dispute where a waiver of class
action lawsuits is unenforceable at law.
13. GENERAL TERMS
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a. AMENDING THESE TERMS OF USE
These Terms of Use may be updated and amended from time to time. We
reserve the right to change these Terms of Use at any time, and any
amended Terms of Use are effective upon posting to the Website. We will
make efforts to communicate any changes to these Terms of Use we deem
material, in our sole discretion, via email or notifications on the Website.
Your continued use of the Website will be deemed to be immediate and
unconditional acceptance of any amended Terms of Use, whether or not we
deemed the amendments to be material.
b. ASSIGNMENT
We may assign or delegate these Terms of Use, in whole or in part, to any
person or entity at any time with or without your consent and without prior
notice to you.
Users may not assign or delegate any rights or obligations under these
Terms of Use, without our prior written consent, and any unauthorized
assignment and delegation is void.
c. NO WAIVER
No waiver of a provision, right or remedy of this Agreement shall operate as
a waiver of any other provision, right or remedy or the same provision,
right or remedy on a future occasion.
d. NO AGENCY
The parties to these Terms of Use are independent contractors and are not
partners or agents. RAZZBERRY’S CYBER SECURITY SOLUTIONS INC. has
no fiduciary obligations or professional obligations whatsoever to you
arising from these Terms of Use or your use of the Website.
e. SEVERABILITY
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In the event that any provision or part of this Agreement is found to be void
or invalid by a court of law, the remaining provisions, or parts thereof, shall
be and remain in full force and effect.
f. ENTIRE AGREEMENT
These Terms of Use, in conjunction with all policies and guidelines available
on the Website (including but not limited to any Privacy Policy),
incorporated by reference, constitute the entire agreement between you
and RAZZBERRY’S CYBER SECURITY SOLUTIONS INC. and supersede all
prior communications, agreements and understandings, written or oral,
with respect to the subject matter of these Terms of Use.
14. QUESTIONS ON THESE TERMS OF USE
We welcome you to contact us with any questions on these Terms of Use. You
can send your questions regarding these Terms of Use to the following email
address:
[email protected]
15. ADDITIONAL TERMS
The following additional terms and conditions apply to the use of the Website:
Customer Service is not available on weekends
16. CONFIRMATION OF AGREEMENT TO TERMS OF USE
BY PROCEEDING TO USE THE WEBSITE, YOU ACKNOWLEDGE THAT YOU
HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS OF
USE AND ANY POLICIES AND NOTICES POSTED ON THE WEBSITE.