Term & Conditions

Welcome to Kenoxis.ca. These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

License to use the website

Unless otherwise stated, Kenoxis.ca and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • republish material from this website (including republication on another website);
  • sell, rent, or otherwise sub-license material on the website;
  • reproduce, duplicate, copy or otherwise exploit material on the website for a commercial purpose;
  • edit or otherwise modify any material on the website;
  • redistribute material from this website (except for content specifically and expressly made available for redistribution);
  • use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish, or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.

Restricted access

Kenoxis.ca reserves the right to restrict access to certain areas of this website, or the website itself, at its discretion; you must not attempt to circumvent or bypass any access restriction measures on this website.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material, and audio-visual material) that you submit to this website.

You grant to Kenoxis.ca a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute your user content in any existing or future media. You also grant to Kenoxis.ca the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be defamatory or unlawful in any way, and must not infringe on any third party’s legal rights. Kenoxis.ca reserves the right to edit or remove any material submitted to this website, or stored on its servers, or hosted or published upon this website.

Indemnification

You agree to indemnify, defend, and hold harmless Kenoxis.ca, its officers, directors, employees, agents, licensors, and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, arising out of or related to any violation of these terms and conditions or your use of the website.

Limitations of liability

Kenoxis.ca will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits

or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Kenoxis.ca has been expressly advised of the potential loss.

Exceptions

Nothing in these terms and conditions will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit, and nothing in these terms and conditions will exclude or limit Kenoxis.ca’s liability in respect of any:

  • death or personal injury caused by Kenoxis.ca’s negligence;
  • fraud or fraudulent misrepresentation on the part of Kenoxis.ca; or
  • matter which it would be illegal or unlawful for Kenoxis.ca to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in these terms and conditions are reasonable. If you do not think they are reasonable, you must not use this website.

Other parties

You agree that the limitations of warranties and liability set out in these terms and conditions will protect Kenoxis.ca’s officers, employees, agents, subsidiaries, successors, assigns, and sub-contractors, as well as Kenoxis.ca.

Unenforceable provisions

If any provision of these terms and conditions is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to Kenoxis.ca’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Kenoxis.ca may take such action as it deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website, and/or bringing legal action against you.

Variation

Kenoxis.ca may revise these terms and conditions from time to time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.

Assignment

Kenoxis.ca may transfer, sub-contract or otherwise deal with Kenoxis.ca’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Entire agreement

These terms and conditions, together with the Privacy Policy, constitute the entire agreement between you and Kenoxis.ca in relation to your use of this website and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of the Province of Ontario.

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