Welcome to our Website.
Please review the following terms carefully. If you do not agree to these terms, you should not use this Website.
1) The term NovaLink or 'us' or 'we' or 'our' refers to Nova-Link Limited who is the owner of the Website. The term 'you' refers to the user or viewer of our Website.
3) The Agreement constitutes the entire and only agreement between us and you, with respect to the Site and it's content. The Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this agreement prior to using the Site.
4) © all rights reserved 2021. Nova-Link Limited (“NovaLink”) is the owner of the Site, which is protected by copyright laws. All trademarks, service marks, trade names, logos and icons, taglines and designs and concepts, registered or not, are the property of NovaLink or third parties which may be indicated. Other materials on the Site, including, but not limited to, video, images, drawings, terminology, descriptions and explanations, are a copyright of or proprietary to NovaLink or are used with consent. The contents of the Site are protected by copyright, trademark or other intellectual property laws, including but not limited to, patents and patents pending, of Canada and the USA and other countries. Unauthorized use may violate copyright, trademark and other laws. You do not acquire rights to any content viewed through the Site. You may not copy or print contents from the Site without the prior written consent of NovaLink. You may not copy, transmit, distribute, modify, publicly perform, reuse, sell, or display any of the contents of the Site for any public or commercial purpose except with the prior written consent of NovaLink. You may not use the contents in any other website or in a network computer environment.
5) Permitted Uses: You are granted non-exclusive, non-transferable, revocable license (a) to access and use the Site strictly in accordance with the Agreement; (b) to obtain information from the Site in the context of a prospective business to business purchase of NovaLink products and services and (c) to have direct interaction with the NovaLink team to obtain a project specific proposal from NovaLink
7) The NovaLink team strives to provide the best Site with the best Contents. We do not represent and warrant that all the Contents, including but not limited to the information and images on the Site, are accurate, error free and up-to-date. We will make corrections and changes to the Contents of the Site at any time.
8) Only NovaLink is enabled to up load or down load materials to or from the Site.
9) We use commercially reasonable physical, technological, and administrative safeguards designed to protect your personal and company / institution information from unauthorized use, access, or disclosure. Email is not recognized as a secure medium of communication and for this reason we request that you do not send private or sensitive information to us by email. We accept no responsibility for changes made to an email or to attachments after transmission from our business domain.
10) We reserve the right to investigate complaints or reported violations of the Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties.
11) You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of products and services & information and documents, attorneys, advertisers, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.
12) Your use of this Site is not transferable or assignable.
13) THE CONTENTS OF THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH "ALL FAULTS," AND ALL WARRANTIES, EXPRESSED OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN ERRORS, PROBLEMS, OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 14) BELOW. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE.THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE CONTENT PRESENTED (INFORMATION AND IMAGES) WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVISE OR INFORMATION, WHETHER ORAL OR WRITTEN, OR OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES AND OTHER HARMFUL COMPONENTS, CONTAINED WITHIN THE ELECTRONIC FILE, INCLUDING EMAIL ATTACHMENTS, WHICH CONTAINS A FORM OR DOCUMENT IS DISCLAIMED.
14) THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100.00 USD AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
15) To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence.
16) You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding this Site and the Contents provided therein.
17) If any part of this Agreement be held invalid, illegal or unenforceable, that portion (an "Invalid Part") will not effect the validity, legality or enforceability of any other part, and the Invalid Part will be deemed to be severed from this Agreement, which will be construed and enforced as if the Invalid Part was never included in this Agreement
18) No failure to enforce a provision of the Agreement will be deemed to constitute a waiver of any other provision, whether or not similar, nor will such a waiver constitute a continuing waiver unless expressly provided.
19) Our rights under this Agreement shall survive any termination of this Agreement.
20) If due to circumstances beyond the NovaLink's reasonable control, including, pandemics, labour disputes, strikes, lockouts, civil strife, riots, war, terrorism, inability to obtain labour or materials, accidents, governmental restrictions, appropriations, transportation delays, earthquake, fire or other action of the elements, it is unable to perform in whole or in part its obligations to the extent and while it is so unable to perform and such inability to perform shall not make NovaLink liable to the Purchaser or prospective Purchaser.
21) Any dispute or legal controversy arising out of or in connection with this Agreement shall be referred to arbitration is accordance with the 'Arbitration Act, 1991' of Ontario Canada. The costs and the expenses incurred by the prevailing party in connection with any dispute referred to arbitration under this Agreement shall be borne by the party against whom the award is made to such arbitration proceedings.
22) This Agreement will be governed under the laws of the Province of Ontario, Canada without regard to it's conflicts of law provision and shall be treated in all respects as an Ontario Agreement. Venue for all actions or proceedings arising out of or related to the Agreement will be exclusively in provincial or federal court in Toronto, Ontario, Canada. This Agreement expressly excludes the UN Convention on Contracts for the International Sale of Goods, and the International Sale of Goods Act Ontario as amended, replaced or re-enacted from time to time.