Last updated: April 2023
1. Introduction
Welcome to Vambora Inc. (“Company”, “we”, “our”, “us”)!
Vambora offers an innovative global financial identity system as an alternative to the traditional credit system. Utilizing Open Banking data and Digital Identity Verification, the company aims to help individuals with poor, thin and non-existent Canadian credit profiles to access products and services in Canada by helping them access and rely on their foreign financial history. Vambora also helps businesses to underwrite domestic and international consumers considered "credit invisible", allowing service providers to more confidently assess consumer creditworthiness.
The following terms and conditions, together with any documents and/or additional terms we provide to you on http://www.vambora.com and/or our web application (together or individually the “Services”) constitute a legal agreement and are entered into by and between you and Vambora (collectively, these "Terms of Service"), to govern your access to and use of the Services.
By using the website or by clicking to accept the Terms of Service, you accept and agree to be bound and comply with these Terms of Service.
You also agree to our privacy policy, found at http://www.vambora.com/privacy (collectively, the “Agreements”).Our privacy policy also governs your use of our Services and explains how we collect, use, share and protect your personal information. Please read it here http://www.vambora.com/privacy.
By using our Services, you represent and warrant that you are the legal age of majority where you live, and are able to form a binding contract with Vambora and meet all of these eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.
If you do not agree with (or cannot comply with) the Agreements, then you may not use the Services, but please let us know by emailing at support@vambora.com so we can try to find a solution. These Terms of Service apply to all visitors, users and others who wish to access or use Services.
If you wish to enter a vendor, merchant or other commercial relationship with us, please contact us at support@vambora.com. A separate Master Services Agreement will govern that relationship, should we choose to enter it.
2. The Nature of the Services
The Vambora Services allow individuals with poor, thin and non-existent Canadian credit profiles, to use their financial history (including in their home country!) to prove their identity and help them get approved for financial services, tenancy and other products and services in Canada.
The Services allow you to create a trust profile, using financial and other data from your home country and/or financial institution. This information may include your account information, including financial institution name, account type, account numbers (including if you have them, savings, chequing, and credit card), identifiers and information about the account owner(s), including name, email address, phone number, date of birth, and address information, bank account and other financial product balances and debts, account statements, information about your transaction and financial history such as whether you make your payments on time or miss payments, the amounts, type, dates and frequency of payments, information about your employment and educational history, and other information about your credit worthiness.
We gather this information from financial institutions, including in your home country if you are new to Canada, when you provide our trusted service provider(s) with your access credentials to your account(s). You may also provide us with information as part of establishing your identity. For example, you may provide us with information such as your passport, study permit, or other documents you choose.
We use this information to create a personal trust profile and identity verification. This may only be done if an entity in Canada, such as a potential landlord or financial institution you are trying to do business with asks to see your trust profile or to verify your identity. In that case, you can give us permission to access the accounts you select to create your profile and identity verification. You may then review your profile, and choose whether you wish to share your trust profile with service providers in Canada if you are asked to establish your identity or financial history when you seek their goods or services.
You choose who you provide your information to. For example, you may provide your trust profile to a potential landlord when you are looking for a place to live, to a financial institution when you want a credit card, or to an internet or telephone company when you want their services. These entities may use your trust profile and identity verification to:
• Assess your financial history, to decide whether or not to offer you goods, services or tenancy.
• Meet their “Know your Client” and “anti-money laundering” requirements, and
• Verify your identity, and
• Help detect and prevent fraud.
Based on the information in your trust profile, these third parties may choose to offer you their goods or services, or if they are not satisfied with your profile, they may not.
You must be careful to correctly enter the contact information of the third parties you wish to share your trust profile with. If you enter incorrect information, your trust profile may be sent to the wrong recipient. Vambora is not responsible for any incorrect information you enter or for providing your trust profile to the contacts you enter.
Similarly, if you are a business or landlord that has been asked by a consumer to access their trust profile or verify their identity using our services, you are responsible to ensure you provide us with the correct information for that consumer. You may only do so if: 1. you are considering entering a business or tenancy relationship with that specific consumer (or otherwise have a lawful need for the information you seek); and 2. You have the express consent of that consumer.
Vambora is not responsible for the decisions of any third parties - regardless of whether they base their decision on your trust profile, or other information you tell us to provide them.
The Vambora Services are currently free to individuals who are new to Canada and any other individuals who are acting for personal, family or household purposes (for certainty, not people acting in the capacity as a landlord, or offering tenancy). If you are a landlord, financial institution, or other merchant or other business, you may contact us at support@vambora.com to ask about a Master Services Agreement.
3. Accounts
Certain portions of the Services are password-protected and require you to complete a registration process and create an account (“Account”) in order to obtain access and/or use the Services.
When registering, you agree:
(i) that you will provide complete and true information about yourself; and
(ii) to update such information as it changes.
If you do not provide or update such information, or we have reasonable grounds to think that you have not provided or updated such information, we shall have the right, in our sole and absolute discretion, to disable your password and prevent you from using the Services, or any such features or portions of the Services.
You may not use a name as a username that is the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
It is your responsibility to keep your password and account login information confidential and secure. In the event that your username or password is used without your consent or that you discover any other breach of security, you agree to promptly notify us using the contact information below. We are not responsible for your failure to comply with this clause, or for any delay in shutting down your Account after you have reported a breach of security to us. You are solely responsible for any and all activities which occur under your user Account.
4. We May change these Terms of Service and the Service
We reserve the right in our sole discretion to modify, add to, remove, revise and update all or any portion of the Agreements from time to time and at any interval. These changes may include changes to our Services, to our warranties, disclaimers, indemnities and limitations of liability contained in these Terms of Service as well as any term of the Agreements. In the future, we may charge for services we currently offer without charge.
Where required by law, or at our discretion, we will provide you with written notice of the changes at least thirty (30) days before they take effect by sending a message to the email address (or other contact information we have for you at our discretion) associated with your account. This notice will clearly and legibly indicate exclusively the new clause, or the amended clause and the clause as it read formerly, the date of the coming into force of the amendment and the fact that if the change entails an increase in your obligations or a reduction in ours, you may refuse the amendment and terminate your contract with us by sending us notice to that effect no later than thirty (30) days after the amendment comes into force.
You agree to periodically review the Agreements in order to be aware of any such modifications and your continued use shall be your acceptance of these. The information and material on this Website, and the web application Vambora, may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the website or the web application Vambora is restricted to users or unavailable at any time or for any period. Restrictions or changes may apply to all users or to any group of users. For example, we may choose to offer different versions of the Services, the Agreements, our Website, or applications in different countries.
By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Services.
5. Communications
When you use our Services, you may agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link we include in commercial messages, or by emailing us at privacy@vambora.com. Please note we may still send you material such as notices of changes to these Terms of Service, our privacy policy, or other notices we are required by law to send.
6. Content/Grant of License
Our Services may allow you to post, link, store, share and otherwise make available information, text, graphics, or other material (“Content”). You are responsible for Content that you post on or through Service, including its legality, reliability, and appropriateness.
By providing Content on or through Service, You represent and warrant to Vambora that: (i) Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms of Service;(ii) that the posting of your Content on or through Service does not violate any applicable laws or the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity; (iii) the Content you provide is accurate; (iv) you do not provide Content about anyone else, (for example, you may not seek to create a trust profile for another person); and (v) that the Content you post complies with these Terms of Service.
We reserve the right to terminate the account of anyone found to be infringing on a third-party’s rights. We reserve the right to remove any Content at any time, and without notice or liability.
None of the Content you submit will be subject to any confidentiality by Vambora. However, by providing Content you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and/or to incorporate such material into any form, medium or technology throughout the world without compensation to you. You further waive any moral rights or other rights of authorship as a condition of submitting any Content. For greater certainty, this means that, among other things, we have the right to use any and all ideas you submit (including ideas about our products, services, publications or advertising campaigns) in any manner that we choose, without any notice or obligation to you whatsoever.
Vambora has the right but not the obligation to monitor, edit, and remove all Content provided by users in our sole discretion.
Other content, material or information found on or through this Service are the property of Vambora Inc. or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said content, material or information, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
Notice of Infringing Content
Vambora reserves the right, in our sole and absolute discretion, to monitor, edit and remove any Content, if a complaint or notice of allegedly infringing materials is received with respect to the Content you post, or for any other reason. To complain about Content of the Service and/or to provide notice of allegedly infringing materials on the Service, please contact us using the contact information below.
7. Prohibited Uses
You may use Service only for lawful purposes and in accordance with these Terms of Service. You agree not to use Service:
(a) In any manner that violates any applicable federal, provincial/territorial, 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 of Service and our privacy policy found at http://www.vambora.com/privacy;
(b) In any manner that is false or fraudulent, including through attempting to misrepresent your identity, or financial status;
(c) In any manner that violates the terms of use of any third-party website that is linked to the Services, including but not limited to, any third-party social media website;
(d) In any manner that involves stalking, attempting to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or asking for personal information as prohibited under applicable laws, regulations, or code;
(e) In any manner that includes or contains any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in Vambora's sole discretion;
(f) To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation;
(g) To impersonate or attempt to impersonate Vambora, a Vambora employee, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing);
(h) In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity;
(i) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm or offend Vambora or users of the Services or expose them to liability.
Additionally, you agree not to:
(a) Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of Services, including their ability to engage in real time or other activities through Services.
(b) Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
(c) Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent.
(d) Use any device, software, or routine that interferes with the proper working of the Services.
(e) Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
(f) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services.
(g) Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
(h) Otherwise attempt to interfere with the proper working of Services.
8. No Use By Minors
The Services are intended only for access and use by individuals at least of the age of majority where they live. By accessing or using any of the Services, you warrant and represent that you are at least of the age of majority where you reside and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of these Terms of Service. If you have not reached the age of majority where you reside, you are prohibited from both the access and usage of the Services.
9. Intellectual Property
You understand and agree that the Service and its entire contents (excluding Content provided by users), features, and functionality, including, but not limited to, all information, software, code, data, text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, website layout, selection, and arrangement, are owned by Vambora, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.
The Vambora name, Vambora trademarks and trade dress, the Vambora logo, and all related names, logos, product and service names, designs, images, and slogans are trademarks of Vambora or its affiliates or licensors. You must not use such marks without the prior written permission of Vambora. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on the Service are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.
You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Service, in any form or medium whatsoever except:
(a) your computer and browser may temporarily store or cache copies of materials being accessed and viewed;
(b) a reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever; and
(c) in the event social media platforms are linked to certain Vambora content on the Service, you may take such actions as our Service and such third-party social media platforms permit.
Users are not permitted to modify copies of any materials from the Service nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Service. You must not access or use for any commercial purposes any part of the Service or any services or materials available through the Service.
If you print, copy, reproduce, or download any part of the Service in breach of these Terms of Service, your right to use the Service will cease immediately and you must, at our sole option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Service or to any content on same, and all rights not expressly granted are reserved by and remain with Vambora. Any use of the Services not expressly permitted by these Terms of Service is a breach of these Terms of Service and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.
10. Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to privacy@vambora.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “Notice and Procedure for Copyright Infringement Claims”.
We may seek to hold you accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.
11. Notice and Procedure for Copyright Infringement Claims
You may submit a notification of alleged infringement by providing our Copyright Agent with the following information in writing for further detail:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
(b) a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
(c) identification of the URL or other specific location on Service where the material that you claim is infringing is located;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(f) a statement by you that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
You can contact our Copyright Agent via email at privacy@vambora.com.
12. Error Reporting and Feedback
You may provide us with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”) at hello@vambora.com. By submitting Feedback, you acknowledge and agree that: (i) we will have no obligation of any kind with respect to such Feedback and will be free to reproduce, use, disclose and distribute the information contained in the Feedback to others without limitation; (ii) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (iii) Vambora may have development ideas similar to the Feedback and we will be free to use any ideas, concepts, know-how, or techniques contained in such Feedback for any purpose whatsoever including but not limited to developing, manufacturing, and marketing products and services incorporating such Feedback; (iv) Feedback does not contain confidential information or proprietary information from you or any third party; and (v) Vambora is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable laws, you grant Vambora and its affiliates a non-exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.
13. Links To Other Web Sites and Third Party Content
Our Service may contain links to third party websites or services that are not owned or controlled by Vambora Inc. For example, our Service may include information, advertising and other content from other companies such as credit card companies, internet service providers, telephone companies, or others. You may have the ability to click on this information to go to the websites of these companies, or to purchase or apply for their products. When you do, you are either going to their website, or supplying your personal information to them, not Vambora.
Vambora may receive a commission in respect of purchases made using these links. If you make a purchase or other transaction using one of these links, the company you purchase with provides a written report to Vambora containing: (i) the list of buyers and their respective purchase amount(s), (ii) the total purchase amounts, (iii) the total commissions to be paid to Vambora, and (iv) the applicable tax.
Vambora Inc. has no control over and assumes no responsibility for the content, products, services, privacy policies, or practices of any third party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
TO THE MAXIMUM EXTENT POSSIBLE UNDER APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT VAMBORA INC. 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, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEBSITES OR SERVICES.
WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEBSITES OR SERVICES THAT YOU VISIT.
14. Disclaimer Of Warranty
VAMBORA WILL BE LIABLE TO YOU ONLY FOR DIRECT LOSS RESULTING FROM THE NEGLIGENCE, FRAUD OR WILLFUL MISCONDUCT OF VAMBORA ARISING DIRECTLY FROM THE PERFORMANCE BY VAMBORA OF ITS OBLIGATIONS UNDER THESE TERMS.
TO THE MAXIMUM EXTENT POSSIBLE UNDER APPLICABLE LAW, VAMBORA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN.
NEITHER VAMBORA NOR ANY PERSON ASSOCIATED WITH VAMBORA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER VAMBORA NOR ANYONE ASSOCIATED WITH VAMBORA REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
VAMBORA, ITS SUBSIDIARIES AND AFFILIATES, HEREBY DISCLAIM 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.
ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE SERVICE OR ANY CONTENT ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED.
THE INFORMATION AVAILABLE ON OR THROUGH THE SERVICE OR ANY CONTENT IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.
COMMENTS OR OPINIONS EXPRESSED ON THE SERVICE ARE THOSE OF THEIR RESPECTIVE USERS ONLY. COMMENTS OR OPINIONS EXPRESSED ON THE SERVICE AND IN CONTENT DO NOT NECESSARILY REPRESENT OR REFLECT THE VIEWS OF VAMBORA. WE ARE NOT RESPONSIBLE FOR, AND DISCLAIM ALL LIABILITY IN RELATION TO, ANY AND ALL CONTENT POSTED, UPLOADED OR OTHERWISE SUBMITTED TO OR THROUGH THE SERVICE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
15. Limitation Of Liability
EXCEPT AS PROHIBITED BY LAW, AND TO THE MAXIMUM EXTENT POSSIBLE UNDER APPLICABLE LAW, YOU AGREE TO HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, PROVINCIAL/TERRITORIAL, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF VAMBORA HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF VAMBORA, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
16. Indemnification
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Vambora, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, 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 breach of these Terms of Service or your use of the Service, including, but not limited to, your Content, third-party sites, any use of the Service’s content, services, and products other than as expressly authorized in these Terms of Service.
17. Site Monitoring and Enforcement, Suspension, and Termination
Vambora has the right, without provision of notice to:
• Remove or refuse to post on the Services any Content for any or no reason in our sole discretion.
• At all times, take such actions with respect to any Content deemed necessary or appropriate in our sole discretion, including, without limitation, for violating our Terms of Service.
• Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Services. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Service.
• Terminate or suspend your access to all or part of the Services for any or no reason, including, without limitation, any violation of these Terms of Service.
YOU WAIVE AND HOLD HARMLESS VAMBORA AND ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY VAMBORA AND ANY OF THE FOREGOING PARTIES RELATING TO ANY, INVESTIGATIONS BY EITHER VAMBORA OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.
We have no obligation, nor any responsibility to any party to monitor Services or their use, and do not and cannot undertake to review material that you or other users submit to the Services. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.
18. No Reliance
The content on Services is provided for general information purposes only. In many cases the content will include material provided by third parties regarding their goods and services. Such third parties, and not Vambora, are responsible for their content. The Services are intended to help you find and compare information provided by these third parties, but is not intended to amount to advice on which you should rely. For example, Vambora is not able to provide advice on matters such as insurance, immigration, legal advice, financial advice, or health advice. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on the Services.
19. Termination
We may terminate or suspend your account and bar access to Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms of Service.
If you wish to terminate your account, you may simply discontinue using Services.
All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
20. Governing Law, Entire Agreement
For users who are not resident in Quebec, these Terms of Service shall be governed and construed in accordance with the laws of Province of Ontario and the laws of Canada without regard to its conflict of law provisions. For users who are resident in Quebec, these Terms of Service shall be governed and construed in accordance with the laws of Province of Quebec and the laws of Canada without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms of Service will not be considered a waiver of those rights. If any provision of these Terms of Service is held to be invalid or unenforceable by a court, the remaining provisions of these Terms of Service will remain in effect.
These Terms of Service constitute the entire agreement between Vambora and you regarding our Service and supersede and replace any prior agreements Vambora might have had with you regarding Service. If you are a vendor and with to engage with our Service, you must enter a separate vendor agreement with us.
21. Changes To Services
We reserve the right to withdraw or amend our Services, and any service or material we provide via Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Services, or the entire Services, to users or certain classes of users, including registered users.
22. Force Majeure
We are not responsible for any delay in performance or failure to perform any of our obligations under these Terms that are outside of our control.
23. Waiver And Severability
No waiver by Vambora of any term or condition set forth in these Terms of Service 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 Vambora to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be void, invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Service will continue in full force and effect.
24. Assignment
We may sell, assign, or transfer all or any of our rights and obligations under these Terms at any time to a third party. You will not assign or transfer all or any of your rights and obligations under these Terms to any third party without Vambora’s prior written consent.
25. Acknowledgement
BY USING THE SERVICES OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM. OUR TERMS OF SERVICE ARE INCORPORATED BY REFERENCE AND CONTINUE TO APPLY TO YOUR USE OF OUR WEBSITE AND ANY OF OUR SERVICES. IN THE EVENT OF ANY CONFLICT OR INCONSISTENCY BETWEEN THE TERMS AND CONDITIONS OF THESE TERMS AND THE TERMS OF SERVICE, THESE TERMS WILL PREVAIL IN RESPECT OF THE SERVICES.
26. Contact Us
Please send your feedback, questions, concerns comments, and requests for technical support:
By Mail: 151 Charles Street West, Suite 100, Kitchener, Ontario, Canada, N2G 1H6
By Email: support@vambora.com.
