Last updated: June 1, 2023
Welcome to DigiTech Solutions. These Terms of Service ("Terms") govern your access to and use of the DigiTech Solutions website at digitechsolutions.ca (the "Website") and any services, products, content, features, technologies, or functions offered on or through the Website (collectively, the "Services").
These Terms constitute a legally binding agreement between you and DigiTech Solutions ("we," "our," or "us"). By accessing or using our Website or Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our Website or Services.
We reserve the right to modify these Terms at any time at our sole discretion. Any changes will be effective immediately upon posting the updated Terms on our Website. Your continued use of the Website or Services after the posting of revised Terms constitutes your acceptance of such changes. We will notify you of any material changes by posting a notice on our Website or sending you an email.
You are responsible for reviewing these Terms periodically to ensure you are aware of any changes. If you do not agree to the revised Terms, you must stop using our Website and Services.
To access or use our Services, you must be at least 18 years old and have the legal capacity to enter into a binding contract with DigiTech Solutions. By using our Services, you represent and warrant that you meet these requirements.
If you are accessing or using our Services on behalf of a business or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In such cases, the terms "you" and "your" will refer to both you and that entity.
Some of our Services may require you to create an account. When you register for an account, you must provide accurate, current, and complete information and keep this information up to date. You are solely responsible for maintaining the confidentiality of your account credentials, including your username and password.
You agree to notify us immediately of any unauthorized access to or use of your account. We reserve the right to suspend or terminate your account if we suspect that your account is being used without authorization or in violation of these Terms.
You are solely responsible for all activities that occur under your account. We will not be liable for any loss or damage arising from your failure to maintain the security of your account.
DigiTech Solutions offers various digital business solutions, including but not limited to web development, digital marketing, business consulting, user experience design, analytics, and e-commerce solutions.
The pricing for our Services is provided on our Website or in a custom proposal or agreement. We reserve the right to change our prices at any time. Any price changes will not affect Services already contracted for under a signed agreement.
All prices are quoted in Canadian dollars (CAD) unless otherwise specified. Prices do not include applicable taxes, which will be charged separately.
Payment terms for our Services will be outlined in a proposal, invoice, or service agreement. By agreeing to these terms and using our Services, you agree to pay all fees and charges associated with your account on a timely basis.
For subscription-based Services, you authorize us to charge your payment method on a recurring basis. If your payment method is declined, you remain responsible for any uncollected amounts, and we may suspend or terminate your access to the Services.
All payments are non-refundable unless otherwise specified in a separate agreement or as required by applicable law.
The Website and Services, including all content, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, design, selection, arrangement, and look and feel), are owned by DigiTech Solutions, its licensors, or other providers and are protected by Canadian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms do not grant you any right, title, or interest in or to the Website or Services. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
By submitting, posting, or displaying content on or through our Services ("Your Content"), you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display Your Content in connection with providing and promoting our Services.
You represent and warrant that:
We reserve the right to remove any content that violates these Terms or that we find objectionable for any reason, without prior notice.
You agree to use our Website and Services only for lawful purposes and in accordance with these Terms. You agree not to use our Website or Services:
Additionally, you agree not to:
Our Website or Services may contain links to third-party websites or services that are not owned or controlled by DigiTech Solutions. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.
You acknowledge and agree that DigiTech Solutions shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR OWN RISK. THE WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER DIGITECH SOLUTIONS NOR ANY PERSON ASSOCIATED WITH DIGITECH SOLUTIONS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE OR SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DIGITECH SOLUTIONS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DIGITECH SOLUTIONS, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, THE SERVICES, OR ANY CONTENT ON THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless DigiTech Solutions, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website or Services, including, but not limited to, any use of the Website's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Website.
We may terminate or suspend your access to all or part of the Website or Services, without notice, for any conduct that we, in our sole discretion, believe violates these Terms or is harmful to other users of the Website or Services, to us, or to third parties, or for any other reason.
Upon termination, your right to use the Website and Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Website and Services, or contact us to request account deletion.
All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision or rule.
Any legal action or proceeding arising out of or related to these Terms or the Website or Services shall be instituted exclusively in the courts of the Province of Ontario, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your province or country of residence or any other relevant jurisdiction.
No waiver by DigiTech Solutions of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of DigiTech Solutions to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
These Terms, our Privacy Policy, Cookie Policy, and any specific agreements related to particular Services constitute the sole and entire agreement between you and DigiTech Solutions regarding the Website and Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website and Services.
If you have any questions about these Terms, please contact us at:
DigiTech Solutions
120 Adelaide Street West, Suite 2500
Toronto, ON M5H 1T1
Canada
Email: [email protected]
Phone: +1 (416) 555-0123
These Terms of Service were last updated on June 1, 2023.