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Terms and Conditions

Terms of Use for memoFolio

This document set out the legal terms and conditions ("Terms of Use") applicable between you ("Client(s)" or "you") and Goliath Strategies Inc. ("GSI" or "us") with respect to the use of its Cyberimpact e-mail transmission service («MemoFolio») offered on this website or mobile application ("Website"), so as to provide you with a service of quality that is equitable to all our clients.

Upon subscription to memoFolio and by accessing this Website, you agree with all the terms and conditions described herein together with the Privacy Policy and Anti-Spam Policy displayed on this Website. You acknowledge having read and understood these terms and conditions which are applicable to you.

You should take note that GSI may modify these Terms of Use as well as the policies and directives displayed on this Website at all times, at its sole discretion. If changes are brought to the terms and conditions, you must accept such changes upon your next authentication with memoFolio.

If you disagree with any of the Terms of Use or with any subsequent changes brought to them, you should refrain from using the services. WE THEREFORE INVITE YOU TO CAREFULLY READ THESE TERMS OF USE BEFORE YOU REGISTER TO MEMOFOLIO OR USE THIS SITE OR THE MOBILE APPLICATION.

1) HOW DO I ACCESS TO MEMOFOLIO?

Registration
For a consumer, the access to memoFolio website does not require a sign-in process.  For a service provider, memoFolio is only accessible to you upon registration in the appropriate form with GSI.

Accuracy of the Information
In order to proceed with your registration as Client, GSI will collect some information from you. The information that you transmit in this regard shall be valid, complete and up to date.  Namely, you undertake to maintain your electronic address active for the entire duration of the contract with GSI for billing purposes. If you change address, you shall notify GSI by e-mail at assistance@Cyberimpact.ca without delay.  If there is any reason to believe that the information provided by you is invalid, incomplete or outdated, GSI may, at all times, prevent you from accessing this Website or any of its functionalities, suspend your right to its use or put an end to it.  However, GSI has no obligation to verify the accuracy, validity or utility of the information that you transmit. As stated in our privacy policy, Informations about your account and your email blasts may be shared with the authorities responsible for law enforcement.

GSI reserves the right to refuse registration as a client to its memoFolio to any person under the age of majority that is 18 years of age for any resident of a Canadian province, and 21 years of age for a resident of the USA. Also, no bulk e-mailing shall be made to any internet user of less than 13 years of age without the written consent of his\her parents or legally acknowledged tutors. In case of any doubt on the evidence provided by a potential client upon registration, GSI reserves the right to request additional proof of identity or age.à

2) WHAT ARE CLIENTS' COMMITMENTS WITH RESPECT TO MEMOFOLIO?

Prohibited Acts; You undertake, subject to any applicable sanction or right, not to accomplish or authorize the accomplishment of any of the following acts in connection with the use of memoFolio:

  1. Post, link to or otherwise publish or transmit any information that is unlawful, threatening, abusive, harmful, libellous, pornographic or indecent or that infringes copyright or other rights of third parties or that contains any other form of illegal content;
  2. Post, link to or otherwise publish or transmit any information or claim with respect to drugs, medication, surgeries or treatments related to recreational sex or not essentially for therapeutic uses;
  3. Disguise the origin of any information transmitted;
  4. Impersonate any person or entity or misrepresent any affiliation with any person or entity;
  5. Post or transmit any information that contains software viruses, files or codes designed to interrupt, destroy, corrupt or limit the functionality of any website or computer software or equipment;
  6. Promote the sale of pirated products or services or considered contrary to any law in Canada;
  7. Transmit any false advertising implying extortion of a user or unauthorized advertising with respect to an individual or enterprise.
  8. Publish content for which you do not have the rights.

3) WHAT ARE THE TERMS OF PAYMENT?

Payment Terms
For a service provider, access to memoFolio is done through the purchase of a subscription.  This subscription period can vary from 1 month to a year.

Refund Policy
GSI will provide a refund only if GSI terminates its service to the Client without cause before the end of the subscription period for which the Client have paid in proportion of the unused portion of the service.In no such case, GSI will refund a Client whose account has been closed due to prohibited acts displayed on this site. If a Cyberimpact client wishes to put an end to their service, they must send a 30 day written notice to Cyberimpact.

4) HOW IS PROTECTED CONTENT TREATED ?

GSI's Intellectual Property; The Website's content, the mobile application and services, the Website's conception and layout together with the trade-marks displayed on the Website are owned by GSI and/or its partners and are protected by the laws on copyright, trade-marks, unfair competition and by all other applicable laws, as the case may be, and may not be copied or retransmitted, in whole or in part, without GSI's express authorization.

Limited Use Licence
You are authorized to use this Website within the limits expressly provided in these Terms of Use. You may not use this Website for any other purpose without the express written consent of GSI.You may not create any hyperlink to this Website or use this Website in association with any third party trade-mark so as to induce belief in an endorsement or association with this Website or with GSI.

Content Transmission
When you transmit content as part of memoFolio, whether it is text, pictures, audio or video files or any other form of content, ("Content") you assume complete responsibility in regards to this Content.You declare that you are the author of this Content and rightful owner of any rights attached to it, or else, you declare having sought all necessary authorizations in the appropriate form allowing the use of this Content in compliance with the present Terms of Use.

5) WHAT ARE THE REMEDIES AND INDEMNITIES IN CASE OF CONTRAVENTION?

Sanctions in case of Default
In any situation where GSI has good reasons to believe that you have failed to meet anyone of your obligations as provided herein, GSI reserves the right, in its sole discretion, to temporarily or definitely suspend your access to the Website and/or memoFolio or some of its features, and to take any measure deemed appropriate in the circumstances.  Such measures may include, without limitation, cancellation of your memoFolio contract and transmission of any illegal content to proper authorities.GSI, without any obligation on its part, reserves the right to give you notice of your default, by e-mail or by any other means, and provide you with the opportunity to correct it.In the event of rules of ethics and conduct governing memoFolio or in case of default on your part, GSI will keep you last payment made for memoFolio and you shall not be entitled to reimbursement of any amount paid in relation to the service.

6) WHAT IS THE COMPENSATION PAYABLE BY THE CUSTOMER IN FAVOR OF GSI?

Indemnity; You undertake to indemnify and hold GSI and its employees, agents, rights holders, representatives and/or business partners, as the case may be, harmless against any liability, loss, damage, cost or expense of any kind, (including reasonable attorneys' fees), arising out of or in connection with any claim, action or proceeding made or brought against GSI as a result of your breach of any of your obligations under these Terms of Use, based on copyright violation, application of any other relevant law or agreement or any third party injury, including any pecuniary or other damages resulting from the accomplishment of any prohibited act mentioned in section 2 of the present Terms of Use.

CASL Violation
WITHOUT LIMITING THE FOREGOING, YOU ASSUME RESPONSIBILITY TO ADOPT PRACTICES AND BEHAVIORS COMPLIANT WITH C-28: CANADIAN ANTI-SPAM LAW("CASL") OR ANY OTHER LAW OR REGULATION APPLICABLE TO ONLINE MARKETING OR CONTENT OF COMMERCIAL MESSAGES.
ACCORDINGLY, YOU AGREE TO DEFEND AND HOLD HARMLESS GSI, ITS DIRECTORS AND OFFICERS OF ALL CLAIMS, DEMANDS, LOSSES, COSTS AND EXPENSES(INCLUDING REASONABLE ATTORNEYS' FEES THAT MAY BE INCURRED BY GSI), DAMAGE, JUDGMENT, PENALTY, FINE OR LIABILITY OF ANY NATURE ARISING DIRECTLY OR INDIRECTLY, OF ANY CLAIM, COMPLAINT OR RECOURSES UNDERTAKEN I) BY RECIPIENTS ARISING FROM UNSOLICITED COMMERCIAL ELECTRONIC MESSAGES SENT BY THE CLIENT WHILE USING MEMOFOLIO. OR II) BY ANY GOVERNMENTAL AUTHORITY ARISING FROM NON-COMPLIANCE WITH CASL OR ANY OTHER LAW OR REGULATION APPLICABLE TO ONLINE MARKETING OR CONTENT OF COMMERCIAL MESSAGES.
Notice of Third Party's Default; In addition, you undertake to give notice to and collaborate with GSI if you should be made aware of any illegal or forbidden activity as described herein.

7) WHAT ARE THE EFFECTS OF TERMINATION OR CANCELLATION OF THE AGREEMENT AND CAN I RECOVER MY DATA?

  • The Customer will no longer publish on the website of memoFolio
  • The Customer may not receive customer contact cards Site memoFolio he export of its data relating to members(email address, subscription profile history);
  • THE CUSTOMER AGREES TO DEFEND AND HOLD HARMLESS GSI AND ITS DIRECTORS AND OFFICERS OF ANY CLAIM, DEMAND, LOSS, COST AND EXPENSE(INCLUDING REASONABLE ATTORNEYS 'FEES WHICH MAY BE INCURRED BY GSI), DAMAGES FOR JUDGMENT , PENALTY, FINE OR LIABILITY OF ANY KIND RESULTING DIRECTLY OR INDIRECTLY, FOR ANY CLAIM, ACTION, COMPLAINT OR UNDERTAKEN BY I) RECIPIENTS DUE TO UNSOLLICITED ELECTRONIC MESSAGES TRANSMITTED BY CUSTOMER AFTER THE RECEIPT OF AN EMAIL FROM GSI CONFIRMING THE UNSUBSCRIBTION BY THE RECIPIENT OR II) BY ANY GOVERNMENT AGENCY SUCH AS THE CRTC OR THE COMPETITION BUREAU ARISING FROM THE SENDING OF UNSOLLICITED COMMERCIAL EMAILS SENT BY THE CUSTOMER AFTER THE RECEIPT OF EMAIL FROM GSI CONFIRMING THE UNSUBSCRIPTION OF THE RECIPIENT.

8) WHAT ARE THE GUARANTIES OFFERED THROUGH MEMOFOLIO?

GSI's Undertakings
GSI undertakes to make its best efforts and act in conformity with state of the art rules as recognized in the information technology industry so as to ensure suitable operation of its Website and continuous access to memoFolio.

Limitation of Warranty
Given the unpredictability of the Internet network and to the extent allowed under applicable laws or regulations, GSI offers no guarantee whatsoever in regards to the technical or commercial performance of this Website.More precisely, GSI offers no guarantee that the services offered via this Website will respond perfectly to your expectations or will be exempt from interruptions, safe or deprived of any error and that any defect identified in the features offered or the software used, as the case may be, will be corrected.You shall be solely responsible for any damages to your computer or any loss of data resulting from the download of any material through this Website.USER EXPRESSLY AGREES THAT GSI SHALL NOT BE LIABLE-FOR ANY DAMAGE-INTERESTS REGARDLESS OF THE CAUSE OF ACTION, WHETHER CONTRACTUAL OR EXTRACONTRACTUAL WHICH WOULD EXCEED FEES PAID BY THE USER FOR THE CURRENT ANNUAL PERIOD IN RELATION WITH MEMOFOLIO.USER ACKNOWLEDGES THAT THE PRESENT PROVISION CONSTITUTES HIS EXCLUSIVE REMEDY FOR ANY CAUSE OF ACTION ARISING OUT OF THE PRESENT AGREEMENT

9) WHAT IS GSI'S RESPONSIBILITY TOWARDS EXTERNAL WEBSITES?

Hyperlinks to External Websites; GSI is not liable for the content of other websites available through hyperlinks from this Website (hereinafter "Linked Sites"), such Linked Sites having been created by third parties. GSI does not act as an editor or publisher of the material contained in these Linked Sites. GSI is not affiliated with and does not endorse the Linked Sites, the owners or operators of the Linked Sites or the products and/or services made available on these sites. This Website is not sponsored by the Linked Sites or their owners or operators. Your navigation to these Linked Sites and their marking as bookmarks are your sole responsibility.

Hyperlinks to this Website; GSI reserves the right to forbid the use of hyperlinks to this Website if the surrounding context in which the hyperlink is used is harmful to the honor, reputation or commercial interest of GSI.

10) WHAT ARE THE APPLICABLES LAWS AND JURISDICTION?

These Terms of Use of the Website shall be governed by, and executed and construed in accordance with, the laws of the Province of Quebec. The parties agree that the courts of Quebec, Canada, have exclusive jurisdiction over any dispute, claim or action in connection with these Terms of Use.

11) WHERE CAN I FILE A COMPLAINT OR REPORT ABUSES?

Any complaint or abuse noticed on GSI's servers must be sent by e-mail to info@memofolio.com or at the following address:
GOLIATH STRATEGIES INC
3472 Paul-Provost
St-Hubert (Qc)
J3Y 9J2
514-831-4727

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