Dwindal Systems Inc. has adopted strict policies about data security and privacy in order to ensure online safety for the users of Dwindal.com and to comply with the Canadian Personal Information Protection and Electronic Documents Act and any substantially similar provincial legislation.
- Dwindal will identify the purposes for which personal information is collected at or before the time the information is collected. The purposes for which information is collected, used or disclosed by Dwindal must be those that a reasonable person would consider are appropriate in the circumstances.
- The knowledge and consent of the individual are required for the collection, use or disclosure of personal information, except where consent is not required by privacy legislation.
- Dwindal will limit the collection of personal information to that which is necessary for the purposes identified by Dwindal. Personal information will be collected by fair and lawful means.
- Personal information will not be used or disclosed for purposes other than those for which it was collected, except with the consent of the individual or as required by law. Personal information will be retained only as long as necessary for the fulfillment of the purposes for which it was collected.
- Personal information will be as accurate, complete and up-to-date as is necessary for the purposes for which it is to be used.
- Personal information will be protected by security safeguards appropriate to the sensitivity of the information.
- Dwindal will make readily available specific information about its privacy policies and practices relating to the management of personal information.
- Upon request, an individual will be informed of the existence, use and disclosure of his or her personal information and will be given access to that information, except where Dwindal is permitted or required by law not to disclose personal information to the individual. An individual will be able to challenge the accuracy and completeness of the information disclosed to him or her and have it amended as appropriate.
In accordance with those principles, Dwindal deals with personal information on the following basis:
- Dwindal collects as little personal information as possible. Email addresses are used only for administering and supporting www.Dwindal.com and are not released for any other purpose.
- Keyword/phrases that you enter into the system are kept private. They may be used in compiling aggregate data, but only when a sufficient number of users are referencing the exact same keyword/phrase so many times that anonymity is assured.
- You may request that we remove your personal information from Dwindal's records. Subject to our need to retain your personal information, for example, for billing or audit purposes, we will make every reasonable effort to honour your request.
- Access to your personal information is available through our system. You must identify yourself with your ID and password or answer challenge prompts to be permitted access. If you cannot access the system for whatever reason and wish to access or change your personal data, please contact the privacy officer listed below. We will only grant access to personal information and accept changes if we have confirmed the identity of the person making the request.
Dwindal Systems Inc.
232 - 1857 West 4th. Avenue,
Vancouver, BC V6J 1M4
THE FOLLOWING AGREEMENT SETS OUT THE TERMS AND CONDITIONS THAT APPLY TO YOU IF YOU WISH TO USE THE SERVICES PROVIDED BY DWINDAL SYSTEMS INC.
PLEASE READ THE AGREEMENT CAREFULLY, AS IT CONTAINS EXCLUSIONS AND LIMITATIONS OF THE LIABILITY OF DWINDAL SYSTEMS INC. TO YOU.
1. Your acceptance of these terms and conditions and your agreement to be bound by this Agreement
You must accept the following terms and conditions and agree to be bound by this Agreement before using the services, products, websites and web pages (collectively, the "Services") offered to you by Dwindal Systems Inc. ("Dwindal").
You may accept these terms and conditions and agree to be bound by this Agreement by
- establishing an account with Dwindal at www.dwindal.com to use the Services
- actually using the Services, in which case your use will be deemed to constitute your acceptance of these terms and conditions and your agreement to be bound by this Agreement
2. Dwindal's amendment of these terms and conditions contained in this Agreement
Dwindal may amend the terms and conditions contained in this Agreement from time to time, at its sole discretion.
Dwindal will post an announcement at www.dwindal.com that describes any amendment to the terms and conditions contained in this Agreement. Your use of the Services after Dwindal has posted any such notice will be deemed to constitute your acceptance of the amendments described in the notice.
The most current version of this Agreement, including any amendments, is available at www.dwindal.com/privacylegal.php.
3. Grant of licence
Dwindal grants to you a personal, non-assignable and non-exclusive licence to use the Services in accordance with, and subject to, the terms and conditions contained in this Agreement.
4. Changes to, and limits on, the Services
Dwindal may change, suspend or discontinue some or all of the Services at any time at its sole discretion and without prior notice to you.
Dwindal may impose limits on certain features or content or restrict your access to some or all of the Services at any time at its sole discretion and without prior notice to you.
You will not, and will not attempt to:
- use the Services for any purposes other than those for which they are intended, as determined by Dwindal, in its sole discretion
- disable or attempt to bypass any functionality of the Services
- re-sell or make any derivative use of the Services
- decompile, reverse engineer or disassemble any part of the Services
- use the Service for any unlawful purpose post or transmit any communication or solicitation designed or intended to obtain
- password, account, or personal information from any Dwindal user
- use any robot, spider, scraper or other automated means to access the Services
- create or use serial or overlapping accounts take any action that imposes, or may impose, as determined by Dwindal, in its sole
- discretion, an unreasonable or disproportionately large load on Dwindal's infrastructure
- interfere with the working, and provision by Dwindal, of the Services
- bypass any measures Dwindal may use to prevent or restrict access to the Services You will ensure that your use of the Services:
- does not violate any law to which you are, or Dwindal is, subject does not infringe any third party proprietary rights, including any copyright, patent,
- trademark or trade secret
- is not defamatory, libellous, threatening, abusive, harassing or intimidating does not introduce into the Services any viruses, trojan horses, worms, time bombs or any
- other similar harmful or deleterious programming routines You represent and warrant to Dwindal that you are not prohibited from using the Services by the laws of the jurisdiction in which you are resident or that apply to you.
You will not use the Services to send information to any person who is prohibited from using the Services or who is prohibited from receiving that information by the laws of the jurisdiction in which that person is resident or which apply to that person.
Dwindal may remove any content and terminate the right of any person to use some or all of the Services if Dwindal determines, in its sole discretion, that it is appropriate or necessary for it to do so to comply with the laws to which you are, or Dwindal is, subject.
6. Your password and account security
You confirm that you are responsible for maintaining the confidentiality of any password associated with your use of any of the Services.
You acknowledge that you are responsible for all activities that occur through your account. You will immediately notify Dwindal at firstname.lastname@example.org if you become aware of any unauthorized use of your password or your account.
YOU ACKNOWLEDGE THAT:
- YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THE RISK OF ANY INJURY OR LOSS ARISING FROM YOUR USE OF THE SERVICES RESTS EXCLUSIVELY WITH YOU.
- THE SERVICES ARE PROVIDED TO YOU ON AN "AS IS" BASIS WITHOUT ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES CONCERNING THE FITNESS FOR PURPOSE OF THE SERVICES OR THE RESULTS
- YOU WILL OBTAIN BY YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, THAT:
- THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
- THERE ARE NO DEFECTS OR ERRORS IN THE SERVICES.
- THE SERVICES WILL BE FREE FROM VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS OR ANY OTHER SIMILAR HARMFUL OR DELETERIOUS PROGRAMMING ROUTINES.
- DWINDAL IS NOT RESPONSIBLE FOR YOUR INABILITY TO ACCESS THE SERVICES FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, AS A RESULT OF YOUR LOSS OF YOUR PASSWORD.
8. Limitations of liability and indemnity
IN NO EVENT WILL DWINDAL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES TO ANY PERSON OR PROPERTY, AND ANY ECONOMIC LOSSES, INCLUDING, WITHOUT LIMITATION, ANY LOSSES OF REVENUE OR PROFIT) ARISING OUT OF OR CONNECTED TO:
- YOUR USE OF, OR INABILITY TO USE, THE SERVICES.
- THE PERFORMANCE, OR FAILURE TO PERFORM, OF THE SERVICES.
WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS IN LAW OR EQUITY. TO THE EXTENT THAT ANY SUCH LIMITATION IS RESTRICTED OR PROHIBITED BY LAW, YOU AGREE THAT OUR MAXIMUM LIABILITY TO YOU IS $50.
YOU WILL INDEMNIFY AND SAVE DWINDAL HARMLESS FROM ANY CLAIMS, COSTS, DAMAGES, DEMANDS OR LOSSES IT SUFFERS ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES. YOU HEREBY AGREE THAT THE BENEFIT OF THIS INDEMNITY WILL EXTEND TO DWINDAL'S PAST, PRESENT AND FUTURE DIRECTORS, OFFICERS, SHAREHOLDERS AND EMPLOYEES AND THAT EACH OF THEM MAY RELY UPON THE RIGHTS TO INDEMNIFICATION GRANTED BY YOU AS IF EACH WAS A PARTY TO THIS AGREEMENT.
9. Links to other websites or resources
In the course of using the Services, you may be provided with links to other websites or resources. You acknowledge that Dwindal has no control over any such sites and resources, that Dwindal is not responsible for the availability of any such sites or resources, and that Dwindal does not endorse, and is not responsible for, any content, advertising, products or other materials on, or available from, any such sites or resources.
FOR GREATER CERTAINTY, THE EXCLUSIONS AND LIMITATIONS OF LIABILITY AND THE INDEMNITY SET OUT ABOVE APPLY TO YOUR USE OF ANY OTHER WEBSITES OR RESOURCES YOU MAY LINK TO IN THE COURSE OF USING THE SERVICES AND TO ANY CONTENT, ADVERTISING, PRODUCTS OR OTHER MATERIALS ON, OR AVAILABLE FROM. ANY SUCH SITES OR RESOURCES.
Dwindal may terminate or suspend your right and ability to use any or all of the Services without prior notice to you (including, without limitation, by terminating your Dwindal account) if you breach any of the terms or conditions of this Agreement or if Dwindal determines, in its sole discretion, that your use of the Services is prohibited by applicable laws.
You may terminate your Dwindal account at any time by ceasing to use the Services.
This Agreement will be governed by and construed in accordance with the laws of British Columbia and the parties hereby attorn to the non-exclusive jurisdiction of the British Columbia courts.
Any non-exercise by Dwindal of any right or remedy under this Agreement or pursuant to applicable laws will not be taken as a waiver of those rights and remedies, which will remain available to Dwindal.
If any portion of this Agreement is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, then the remaining portions will remain in full force and effect.
This Agreement embodies the entire understanding and agreement between the parties with respect to the subject matter.
Any exclusions, limitations of liability and indemnities set out in this Agreement will survive the termination of this Agreement.
You may not assign your rights under this Agreement.
This Agreement will enure to the benefit of and be binding upon the parties and their respective administrators, executors, heirs, successors and assigns.