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Terms of Use

Terms of Use
Last updated December 2023

Welcome to Serefin. We provide information to help prospective customers make informed decisions about our various products and services.

 

Please read the Terms carefully before using the Site or Services as described below. Use of the Site or Services shall be construed as your acceptance of these Terms. If you do not understand the Terms, or do not agree to any part of the Terms, please do not access, or use the Site or the Services.

 

1. APPLICABILITY & ACCEPTANCE OF TERMS

 

(a)   About

 

These terms of use (the “Terms”) apply to Serefin Inc. and its affiliates and subsidiaries (hereinafter collectively referred to as “Serefin”, “we”, “us” and “our”) and govern your access to and use of any content, functionality, products sold through, and services offered on the Site (as defined below).

 

The web page located at https://www.serefin.com/ and all linked pages located therein together form the “Site”. When used herein, the term “Services” shall refer to any product, or service we make available to or perform for you through our Site, including any landing pages or informational pages.

 

By using or accessing the Site and/or Services, by any means, you acknowledge that you have read, understood and expressly agree to be bound by these Terms without limitation or qualification, which, together with our Privacy Policy[AA1] , govern the relationship between you and Serefin in relation to the Site and the Services.

 

(b)   Changes to the Site and the Terms of Use

 

Serefin is constantly improving the Site to add functionality and make for a better user experience. We reserve the right to alter or withdraw access to the Site at any time without notice, including in order to make enhancements, comply with applicable law, or prevent illegal activity on the Site.

 

We may revise these Terms from time to time. The most current version will always be posted on the Site. You understand and agree that we may not notify you of revisions to these Terms and we will assume no liability or responsibility to you for our failure or inability to do so for any reason. By continuing to access or use the Site, you agree to be bound by any such revised Terms. If you do not understand or agree to the revised Terms, please stop using the Site.

 

2. ELIGIBILITY

 

You are not authorized to create an account or access or use the Site unless you are at least 18 years of age, or you have obtained prior consent from a parent or guardian (“Eligible”). By using the Site, you confirm that you are so Eligible and have authority to enter into a binding contract with Serefin, either on your own behalf or on behalf of another.

 

If you are agreeing to these Terms on behalf of a company, business or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms, in which case the terms “you” or “your” shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with these Terms, please do not access or use the Site.

 

We do not intentionally collect information about or from persons who are not Eligible to use the Site. If we learn that we have collected information from such persons, we will promptly delete such information and access to our Site will immediately cease.

 

3. LICENSE TO USE / CONDITIONS OF USE

 

(a)   License to Use

 

Subject to compliance with these Terms, Serefin grants you a revocable, non-exclusive, non-transferable, limited right to access and use the Site on any device, including the right to install and use software made available by or through Serefin to enable you to access and use the Site on or from any device for which such use is permitted by Serefin. All rights, title and interest in and to the Site and its components shall remain with and belong exclusively to Serefin.

 

You shall not, and shall not allow any third party to, (a) sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make the Site available to any third party; (b) use the Site in any unlawful manner (including, without limitation, in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Site or its components; or (c) copy, modify, adapt or hack the Site to, or otherwise attempt to, gain unauthorized access to the Site or its related systems or networks. You agree not to access the Site by any means other than through the interface that is provided by Serefin for use in accessing the Site.

 

Any rights not expressly granted herein are reserved and no license or right to use any trademark of Serefin or any third party is granted to you in connection with the Site. You shall comply with any codes of conduct, policies or other notices Serefin provides you or publishes in connection with the Site, and you shall promptly notify Serefin if you learn of a security breach related to the Site.

 

(b)   Conditions of Use

 

As a condition of your access and use, you agree that you will use the Site only for lawful purposes and in accordance with these Terms.

 

Without limiting the foregoing, you warrant and agree that your use of the Site shall not:

 

·   violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.

·   violate the terms of use of any third-party website that is linked to the Site, including but not limited to, any third-party social media website.

·   include sending, knowingly receiving, uploading, downloading, using, or reusing any material that does not comply with these Terms or our Privacy Policy.

·   impersonate or attempt to impersonate Serefin, a Serefin employee, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing).

·   encourage any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm Serefin or users of the Site or expose them to liability.

·   promote any illegal activity, or advocate, promote, or assist any unlawful act.

·   give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.

 

(c)   Responsibility of Information

 

You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that you share, deliver, provide or otherwise transmit or store in connection with or relating to the Site (“Content”). You are responsible for maintaining the confidentiality of your login, password and account information, and for all activities that occur under your login or account.

 

You understand that the operation of the Site may be unencrypted and involve (i) transmissions over various networks; (ii) changes to conform and adapt to technical requirements of connecting networks or devices and (iii) transmission to Serefin’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Site. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of your Content. Serefin will have no liability to you for any unauthorized access or use of any of your Content, or any corruption, deletion, destruction or loss of any of your Content.

 

Subject to these Terms, Serefin may (but has no obligation to) provide technical support services, through email in accordance with our standard practice. Serefin reserves the right to access your account in order to respond to your requests for technical support.

 

4. TRADEMARKS AND INTELLECTUAL PROPERTY RIGHTS

 

(a)   Trademarks

 

Serefin® is a registered trademark of Serefin in Canada. The mark Serefin and other word marks, slogans, logos and trade names of Serefin may be used on this site (collectively the “Trademarks”). The Trademarks may not be used in any manner that is likely to confuse consumers or in any way that disparages or discredits Serefin. All other trademarks not owned by Serefin or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Serefin or its affiliates.

 

Unless you are advised otherwise, everything you see or read on the Site is subject to copyright, trademark or other forms of legal protection owned by or licensed by third parties to Serefin and may not be used except as provided in these Terms of Use without the written permission of Serefin. Serefin reserves the right to enforce its intellectual property rights where applicable.

 

(b)   Copyright

 

The Site, including all material contained on the Site, is protected by copyright laws unless expressly indicated otherwise. The protected materials include but are not limited to text, graphics, photographs, videos, logos, buttons, icons, and images. Such material may not be used except as provided in these Terms of Use without the express written permission of Serefin. Subject to the terms herein, Serefin grants you a limited, revocable, non-transferable, and non-exclusive permission to access and use the Site only to display the Site on your Internet browser and to print or copy portions of the Site solely for your personal, non-commercial use, provided that you retain all copyright and other ownership notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, report, develop derivative works, or otherwise use the contents of the Site for public or commercial purposes. This includes the use of any text, images, audio, and/or video without express written permission from Serefin. The images of people or places displayed on the Site are owned by Serefin or used with permission from third party providers. The use of these images is prohibited unless expressly permitted in writing by Serefin or through these Terms of Use. Any unauthorized use of these images may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or communications regulations and statutes.

 

(c)   Notice of and Procedure for Copyright Infringement

 

Serefin respects others’ intellectual and proprietary rights. In accordance with the Copyright Act]. If you believe that your copyrighted material has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Site, please send a notice to Serefin containing the following:

 

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work(s) that is/are alleged to have been infringed;

2. A description of the copyrighted work(s) that you claim is/are infringing and the location where the original or an authorized copy of the copyrighted work(s) exists/exist (for example, the URL of the website where the copyrighted work(s) is/are lawfully published; the name, edition and page(s) of a book, etc.);

3. A description of where the material that you claim is/are infringing is/are located on this site, including the URL, so that Serefin can locate the material;

4. Your name, address, telephone number and email address;

5. A statement that you have a good faith belief that the use of the material identified in the notice is not authorized by the copyright owner, its agent, or applicable law; and

6. A statement by you, under penalty of perjury, that the above information is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner.

 

We will use the information provided by you to investigate the copyright infringement. Where infringement is found to have occurred, the content will be immediately deleted and / or the account of the infringing user will be deleted. If applicable, the matter will be notified to legal authorities.

 

5. AVAILABILITY AND USE OF THE SITE

 

SEREFIN DOES NOT REPRESENT OR WARRANT THAT (A) THE SITE AND SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED, OR (C) ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SITE OR SERVICES WILL BE ACCURATE.

 

Access to the Site may be interrupted occasionally and may not be error-free or bug-free. The availability of the Site depends on many factors, including some that are beyond Serefin’s control, such as your connection to the Internet and the Internet backbone. Serefin shall not be liable if you cannot use the Site for any reason beyond Serefin’s control.

 

6. ACCURACY OF INFORMATION

 

While Serefin makes reasonable efforts to include accurate, up-to-date information on the Site, it does not make any representations or warranties regarding its accuracy. Serefin assumes no responsibility or liability for any errors or omissions in the content of the Site. Serefin does not warrant or represent that your use of materials on the Site will not infringe the rights of third parties not owned by or affiliated with Serefin, and you assume any such risk associated with your use of this site.

 

7. THIRD PARTY CONTENT

 

The Site may contain links to other websites or resources (“Third-Party Content”), the inclusion or appearance of which does not indicate any approval or endorsement by Serefin of such Third-Party Content. Serefin is not responsible for, and hereby disclaims any and all liability that may arise from Third-Party Content or the act of accessing, browsing, or otherwise using such Third-Party Content.

 

You acknowledge and agree that Serefin has no control over such Third-Party Content and is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such members, sites or resources. You further acknowledge and agree that Serefin 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 use of or reliance on any such content or goods or services available on or through any such platform or resource.

 

8. CONFIDENTIAL INFORMATION

 

DO NOT SEND ANY CONFIDENTIAL INFORMATION OR HEALTH INFORMATION TO THIS SITE.

 

Any communication or material that you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, is and will be treated as non-confidential and non-proprietary. You agree that such information is non-confidential and non-proprietary. Anything that you transmit or post to the Site may be used by Serefin or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Serefin is free to use any ideas, concepts, know-how, or techniques in any communication you send to the Site for any purpose. For any Personal Information (as defined in our Privacy Policy) which you may be asked to share with Serefin, is governed by our Privacy Policy. Please review the Privacy Policy frequently as we reserve the right to update and modify it over time.

 

9. USER CONDUCT

 

You are solely responsible for all information that you post, upload, email or transmit to or from the Site, including, but not limited to, all information, data, text, software, music, sound, photographs, graphics, video, audio, messages, or other material. You may not post or transmit any unlawful, threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane materials or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law. You may not collect or store Personal Information (as defined in our Privacy Policy) about other users or stalk or harass another user.

 

Serefin reserves the right to investigate and/or terminate your account without refund of any purchases if you have violated these Terms of Use or behaved in a way that Serefin regards as inappropriate or unlawful, including actions or communications that occur on or off the Site should they become known to Serefin.

 

10.  DISCLAIMERS

 

(a)   Release and Indemnification

 

You will indemnify, defend, and hold harmless Serefin, its agents, shareholders, officers, directors, and affiliated entities (the “Releasees”) against any actual or threatened third party actions, suits, proceedings, debts, accounts, bonds, covenants, contracts, claims, liabilities, damages, grievances, executions, judgments and demands of any kind whatever (“Claims”) arising out of or based upon your use of and access to the Site, any breach of these Terms of Use or from any representation or warranty contained in these Terms of Use and made by you which was or is at any time false, your violation of any third party right, including, but not limited to, any copyright, property, or privacy right, and indemnify the Releasees from all damages, costs, and attorneys’ fees finally awarded in any such Claim.

 

You hereby expressly and irrevocably release and forever discharge Serefin, its affiliates and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site.

 

(b)   Limitation of Liability

 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SEREFIN, ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, OR ENHANCED DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE, (II) THE CONDUCT OR CONTENT OF OTHER MEMBERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SITE; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF SEREFIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL SEREFIN’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO SEREFIN FOR THE SITE OR SERVICES.

 

(c)   Disclaimer of Warranties

 

SEREFIN PROVIDES THE SITE OR THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SITE OR THE SERVICES (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THIS INCLUDES, BUT IS NOT LIMITED TO, THE TEXT, GRAPHICS, AUDIO, VIDEO, DOWNLOADS, ATTACHMENTS, ICONS, BUTTONS, IMAGES, SERVICES, AND PRODUCTS ON THE SITE.

 

Neither Serefin nor any other person or entity involved in creating, producing or delivering the Site shall be liable for any damages arising from the use of the Site, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages. This limitation of liability applies without limitation to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behaviour, negligence, or under any other cause of action. Serefin shall not assume responsibility and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in this site, or of your downloading of any materials, data, text, images, video, or audio from the Site. Serefin assumes no responsibility or liability arising from the content of the Site, including referrals for opinions/questions to ‘Ask The Expert,’ as well as any offsite pages or additional sites linked to the Site, for any error, defamation, invasion of privacy, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained therein. Serefin may fully cooperate with any law enforcement authorities or court order requesting or directing the disclosure of the identity of any person posting any such information or materials.

 

SEREFIN TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER MEMBER OR THIRD PARTY SHARES, SENDS OR RECEIVES THROUGH THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK.

 

11.  MISCELLANEOUS

 

(a)   Users Outside Canada. Serefin administers and operates the Site from its location in Ontario, Canada. Although the Site is accessible worldwide and certain Services are offered through different Serefin affiliates, not all features, products or services discussed, referenced, provided or offered through the Site are available to all persons or in all geographic locations, or appropriate or available for use outside Canada. Serefin reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside Canada, you do so on your own initiative, and you are solely responsible for complying with applicable local laws.

 

(b)   Governing Law. These Terms of Use are governed and construed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. The laws of Ontario shall apply without giving effect to any principles of conflicts of laws. You agree to submit to the provincial and federal courts' jurisdiction in Ontario for any claim or dispute against Serefin arising under these Terms of Use and the Privacy Policy. You must file any claim from using this Site within one year from the date the claim arises.

 

(c)   Entire Agreement. These Terms of Use, together with our Privacy Policy, shall form the entire agreement, superseding all prior agreements between you and Serefin regarding this Site and the matters herein.

 

(d)   Severability. If any portion of these Terms of Use is found to be void, invalid or otherwise unenforceable, then that portion shall be deemed superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these Terms of Use shall continue to be enforceable and valid according to the terms contained herein.

 

(e)   Waiver. The failure of Serefin to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of said right or provision.

 

(f) Sections. The section titles in the Terms of Use are for your convenience only and carry no contractual or legal effect whatsoever.

 

(g)   Privacy Policy and Data Security. Any information we collect is subject to our Privacy Policy[AA2] . By agreeing to these Terms of Use and by your use of the Site and Services, you consent to the collection, use and disclosure of your information in accordance with and as permitted by the Privacy Policy.

 

12.  CONTACT INFORMATION

 

Please send any notices, questions, comments or concerns regarding the Site and these Terms of Use, (including notifications of claimed copyright infringement) to:

 

Serefin

65 Front St. E., Suite 101

Toronto, ON M5E 1B5

privacy@serefin.com

Attention: Privacy Officer