TERMS OF USE

 

Terms of Use

By accessing and using the Takaya website (the “Site”) or the other services we provide, you (the “User”) agree to each of the terms and conditions set forth herein (each a “Term” and collectively, the "Terms of Use").  We reserve the right to amend these Terms of Use at any time and without notice.  These Terms of Use will be accessible on the Site at all times and the User undertakes an obligation to observe and follow these Terms of Use, including any changes that may occur from time to time.  Any changes to these Terms of Use become effective from the date of modification and any subsequent use of the Services constitutes acceptance of the revised Terms of Use.  We reserve the right to block the User’s access at any time for any reason, including but not limited to violations of these Terms of Use.  Please also carefully read our Privacy Policy which is hereby incorporated into these Terms of Use by reference.

Definitions

Content: means any information that is submitted to the Site, publicly or privately, including but not limited to – personal information and e-mails.

Takaya (variously, “we”, “us” or “our”): refers to Takaya Technology Inc.

Services: means the services provided by Takaya including, but not limited to, use of the Site.

Site: means the takayainc.com Takaya website hosted at Squarespace.

User (variously, “you” or “your”): an individual who accesses and uses the Services.

User Conduct and Responsibility

Users pledge that they will not participate in any form of action or conduct that may have a disruptive, destructive or negative impact on the Site, Services or Users.  This includes but is not limited to:

  • illegal activity;

  • uploading, posting or sharing of material that is obscene, offensive, or discriminatory;

  • threatening, abusive, obscene or harassing behaviour;

  • invasions of privacy;

  • distribution of software viruses;

  • any interference with the proper operation of the Site;

  • tampering with the software code for the Site;

  • bypassing of any security measures put in place by Takaya, including but not limited to password protections.

Content

We do not claim ownership of any Content that you share. Unless otherwise stated, you retain copyright and other rights already possessed by you over Content that you share on or through the Services. However, by sharing Content, you give us an irrevocable license to reproduce, adapt, modify, publish, and distribute derivative works from any Content created and shared by you through the Services. You understand and accept that this license gives us the right to make the Content available to other companies, organizations or individuals that have relationships with us, and use the Content in connection with these services.


Intellectual Property

The Services are legally protected in various ways, including copyrights, trademarks, service marks, patents, trade secrets, and other rights and laws. By using the Services, you agree to respect all copyright and other legal notices, information, and restrictions contained in any of the content that we provide through the Site.  You also agree not to change, translate, or otherwise create derivative works of the Services or any of the content found thereon including, but not limited to, Takaya trademarks, logos, and copyrighted material.  

We do not grant you a right or license to reproduce content from the Site, for any reason.  

Indemnification

You agree to indemnify and hold Takaya and its subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise seek to make available through the Site, your use of the Services, your connection to the Site, your violation of these Terms of Use, or your violation of any rights of another person or entity.

Warranty Disclaimer

The User agrees that they use the Services solely at their own risk.  The Services are provided “as is” and “as available” and without warranty of any kind, express or implied.  TAKAYA SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM TAKAYA SHALL CREATE ANY WARRANTY.

Limitation of Liability

To the fullest extent permitted by law, in no event will Takaya, its directors, employees, partners, suppliers, or content providers be liable for any indirect, incidental, punitive, consequential, special, or exemplary damages of any kind, including but not limited to damages: (i) resulting from your access to, reliance on, use of, or inability to access or use the Services; (ii) for any lost profits, data loss, or cost of procurement or substitute goods or services; or (iii) for any conduct or content of any third party on the Site. In no event shall Takaya liability for direct damages be in excess of (in the aggregate) one hundred Canadian dollars ($100).

Third Party Website and Interaction

By accessing third party websites or applications through our Site, you are consenting to the Terms of Use and privacy policies of those websites.  We do not accept any responsibility or liability for their policies. You should read the Terms of Use and privacy policies of such websites, and make an informed decision whether or not to use these websites based upon their practices and your discretion.

Dispute Resolution and Governing Law

These Terms of Use (and all other rules, policies, or guidelines incorporated by reference) are governed by and construed in accordance with the laws of the Province of Nova Scotia and the federal laws of Canada as applicable therein, without giving effect to any common law or statutory principles of conflicts of law.  You expressly agree that any action arising out of or relating to your use of the Services shall be filed in a court in the Province of Nova Scotia and that you attorn to the jurisdiction of that court.

Contact Us

If you have any questions, concerns or suggestions regarding these Terms of Use, please contact us at:

Email: info@takayainc.com

Address: 1969 Upper Water Street #1300, Halifax, NS B3J 3R7

These Terms of Use last updated on July 8, 2021.