Close menu icon

Contact Us

Send us a message via the form below.
Or email us at info@xumi.ca.

*Required Fields

Privacy Policy | Terms & Conditions
 

XUMI Privacy Notice

Xumi (referred to below as “Xumi”, “we” or “us”) understands that your time is valuable. Therefore, we have set out below some important highlights of our Privacy Policy. You can obtain more information about how we collect, use, disclose and protect your personal information by reviewing our full Privacy Policy or clicking on the links provided below. We encourage you to read our full Privacy Policy, as it contains important information for you.

This Privacy Policy governs how we collect personal information from both consumers and merchants for the purpose of facilitating transactions by providing enhanced security through party verification and legitimacy checks.

What personal information do we collect?

  • We collect only that information you provide to us in connection with the calls to action on our Website. This information includes, without limitation, your name and e-mail address.
  • Our Platform also automatically collects certain information about the way our Platform is used.

Why do we collect personal information and how is it used?

  • Information that you provide to us is used to communicate with you.
  • Information collected from is used to verify your identity and protect you and us from fraud.
  • Information collected by our Platform is used to monitor and improve the functioning and security of the Platform.
  • Information necessary for card issuers and merchant acquirers to establish tokenization and/or establish a merchant account for the purposes of accepting payments.

Is personal information shared or disclosed?

  • We share information with our Service Providers.
  • We may also disclose information in other circumstances as required or permitted by law (e.g., to law enforcement), or in the event of a business transaction.

How do we protect personal information?

  • We have implemented safeguards to protect personal information under our control, and regularly review our practices to ensure they align with reasonable practices appropriate to the level of sensitivity of the information, in order to safeguard personal information against loss or theft, unauthorized access, alteration or disclosure.

What are the risks?

  • Although we take steps to safeguard the personal information under our control, “perfect security” does not exist online or elsewhere. In particular, we cannot guarantee the security of information posted or transmitted using the Platform, our Website or via email. It is possible that third parties may unlawfully intercept or access such information.

What are your choices?

  • You may request access to and review of your personal information in our possession, subject to certain limitations.
  • Clients may also request that we change or delete their personal information in our possession, which we will make best efforts to comply with subject to certain limitations.

What else should you know?

  • Some of our Service Providers transfer and/or store personal information outside Canada. This means that your information may be accessible to foreign courts, law enforcement and national security authorities.
  • We may amend our Privacy Policy from time-to-time. Although we will notify you of material changes, we encourage you to check for updates.
  • You can contact us with questions, complaints or to access your personal information.

 

Xumi Privacy Policy

At Xumi, we believe that you should understand the way in which we collect, use, disclose, and protect your personal information. This Privacy Policy outlines how we process your personal information, and the principles that we follow when collecting, using, disclosing and protecting your personal information.

We may amend this Privacy Policy from time to time. Please visit our Website or contact our Privacy Officer as described below, for the most up to date version of this Privacy Policy.

Who Are We?

Xumi applications are available on xumi.ca (our “Website”) and associated commercial application websites, API’s or our consumer or merchant applications (the “Platform”).

Xumi, “we”, “us” and similar terms as used throughout this Privacy Policy refer to Stonebridge Solutions Inc., carrying on business as Xumi, and its subsidiaries.

What is Personal Information?

Personal information is any information that identifies you, or by which your identity could be deduced. It does not include aggregate or de-identified information that cannot be directly or indirectly linked to you.

It does not include information that is publicly available, as defined by applicable laws.

Why Do We Collect Personal Information from You?

We collect your personal information to:

  • Establish your identity;
  • Communicate with you concerning Xumi, including responding to any inquiries you may submit;
  • Comply with legal and regulatory requirements, including but not limited to anti- money laundering laws;
  • Establish a secure token to replace credit card details for payment purposes, and
  • Establish a secure merchant account for the purpose of accepting secure token payments

What Personal Information Do We Collect About You?

The personal information we collect from you includes:

  • Name,
  • E-mail address,
  • Billing address, and
  • Mobile Phone number

How Do We Collect Your Personal Information?

We collect your personal information when you submit it to us through the Website. We continue to collect and update personal information throughout our relationship with you.

For example, we collect personal information from you directly through:

  • On boarding process of the Xumi application(s); and
  • Your requests to our Websites.

We also collect some personal information from third parties and other sources, if necessary , as follows:

  • Merchant Acquirer
  • Payment Gateway
  • Token Service Provider

Our Web Sites

Each time you provide any personal information to us through our Platform, you consent to the collection, use and disclosure of such information in accordance with this Privacy Policy.

In addition, each time you visit our Platform, we gather the date, time, browser type, name of the visitor’s Internet service provider, the site that referred the visitor to us, any pages that are requested, and the navigation history and IP address of the visitor. We also use Google Analytics to track your interaction with the Platform, including without limitation, your traffic sources and your activity on the Platform. The foregoing information does not generally contain anything that can identify users personally. If you object to this gathering of information, you should not use or access our Platform. We use this information for our internal security audit log, trend analysis and system administration, and to gather broad demographic information about our user base for aggregate use. This information may be shared with third parties in order to provide services to us or to analyze, store or aggregate the information.

Our Website uses “cookies” and similar technologies like single-pixel GIFs and web beacons. A “cookie” is a text file that is sent to your computer or device and from your computer each time you use the site. Cookies can track how and when you use the Website and which site you visited immediately before. A cookie does not damage your system and identifies your browser, not you personally.

We use cookies to collect information such as the server your computer is logged onto, the domain name of your internet service provider, your browser type and version (for example, Netscape or Internet Explorer) and your IP address. We may also derive the general geographic area associated with an IP address.

Sometimes, we use cookies in combination with “web beacons” or similar technology to collect information about how our Website is used, such as:

  • average time spent browsing;
  • pages viewed;
  • information searched for;
  • access times;
  • response rates to online or email advertising; and
  • any other relevant information about your online experience.

If you are an anonymous visitor, the information in this paragraph does not personally identify you but rather numerically identifies your device, and we share this cookie’s information with a third party marketing provider that will use it to deliver marketing about us to you while you visit other sites on the internet.

If you do not wish to receive cookies, you may be able to disable them. Although this may provide you with enhanced anonymity, it may affect the functioning of our Website.

To the extent that our Website contains links to other sites, the owners of those sites are responsible for the privacy practices or content of those other sites. We do not endorse and will not be responsible for the privacy practices on third party websites.

How Do We Obtain Your Consent for the Collection, Use and Disclosure of Your Personal Information?

Consent for the collection, use and disclosure of personal information may be expressly given or implied. Your express consent may be given in writing, verbally or through electronic means. Your implied consent may be given through an action you have taken, such as supplying your personal information for a specified purpose.

Upon creating an Account or submitting your e-mail address, you provide your consent to the collection, use and disclosure of your personal information in accordance with this Privacy Policy. Consent may be withdrawn by contacting us as described below. If you do not notify us of the withdrawal of your consent, we will consider you to have consented to our continued collection, use and disclosure of your personal information as outlined in this Privacy Policy. Withdrawal of consent to any collection, use or disclosure your personal information that is necessary to provide our service will result in closure of your Account and/or revocation of your authorization to use the Platform.

What Do We Do With Your Information?

Your information will only be used by Xumi for the purposes outlined above under “Why Do We Collect Personal Information from You?” Your personal information will be accessible to customer support, account verification and IT staff, who have a need to know such information for the purposes outlined above.

Your information is generally stored online, in servers located in Canada. Although we do not transfer your information outside Canada, some of our service providers may do so (as explained further below).

We do not sell personal information provided to us by you, or disclose it to any third party marketers. However, information may be shared or disclosed to third parties in the following circumstances:

Third Party Services

There are certain services supplied to us by third parties (“Third Party Service Providers”), which may require that we share your personal information with service providers or allow them to collect or access such information for the same purposes that we collect, use and disclose your personal information, as outlined in this Privacy Policy.

These Third Party Service Providers are authorized to use your personal information only as necessary to provide these services to us, and in a manner consistent with this Policy. We have selected Third Party Service Providers who will only use your information in compliance with this Policy, but they may have their own specific policies regarding the collection, use and disclosure of personal information.

Dispute Resolution

In the event that you dispute any transaction carried on using your Account, including but not limited to requests for refunds, we will disclose any or all of your personal information to the relevant payment provider for the purpose of facilitating investigation and resolution of such dispute. For the avoidance of doubt, this may involve disclosure of your photo identification and other personal information to third parties. Xumi is not responsible for any use, disclosure or failure to protect information by such payment providers.

Transactions

We may be involved, from time to time, in transactions to sell all or part of our business or assets or merge with other businesses. Since our customer information may be part

of such transactions, we may disclose this information to other parties involved in the transaction. In such cases, the information that is shared is limited to what is necessary to accomplish the transaction, and we use contractual measures to protect the information from improper use or disclosure.

Other Disclosures

There are a number of other circumstances where we may collect, use or disclose personal information without consent when required or permitted by law.

From time to time, we may be compelled by legal action to release information (e.g., statutory reporting obligation, search warrant, court order, bankruptcy or insolvency proceedings etc.).

In certain circumstances, we may also be permitted by law to collect, use or disclose information without the consent of the individual concerned. For example, we may disclose personal information without consent if it is to be used in an emergency that threatens the life, health or security of the individual, when investigating a potential breach of contract or law, or when collecting unpaid amounts owed or owing to us.

How Do We Protect Your Personal Information?

We protect your personal information using appropriate physical, technological and organizational safeguards, including but not limited to:

  • all connections to the Platform are encrypted using SSL;
  • all servers are protected by multiple firewalls; and
  • our employees receive training respecting secure and confidential handling of personal information.

We regularly review our practices to ensure they align with reasonable industry practices appropriate to the level of sensitivity to safeguard personal information against loss or theft, unauthorized access, alteration or disclosure.

Despite using the Safeguards outlined above, “perfect security” does not exist, particularly online. We cannot guarantee the security of information posted or transmitted via our Website, the Platform, or online. It is possible that third parties may unlawfully intercept or access such information.

If you think someone is impersonating Xumi, there has been a breach of your personal information, you may be the victim of fraud, or your Account credentials may have been compromised, please notify us as soon as possible at info@xumi.ca.

How Do We Retain Personal Information?

We generally keep personal information for only as long as it is needed to accomplish the purposes for which it was collected, or as needed for authorized or legitimate purposes. More specifically, we retain your personal information as long as necessary for the fulfillment of the identified purposes for its collection or as otherwise necessary to comply with applicable laws or protect our interests. When personal information is no longer necessary or relevant for the identified purposes, or is required to be retained by applicable laws, we will take steps to have it deleted, destroyed, erased, aggregated or made anonymous. Xumi uses reasonable industry practices to ensure we have adequate controls, schedules and practices for information and records retention and destruction which apply to your personal information.

Accessing and Keeping Your Personal Information Accurate

We endeavor to ensure that any personal information provided to us by you is as accurate, current, and complete as necessary in order to meet the reason for which it was obtained.

For example, the following mechanisms allow individuals the opportunity to alert us of any potential inaccuracies in the information that we hold about them:

1. Access

Clients may request access to and review of their personal information in our possession. However, access may be declined where permitted or required by applicable law, which may include (without limitation) the following circumstances:

  • the information is protected by solicitor-client privilege;
  • disclosure of the personal information would compromise the confidentiality of another individual or threaten the safety of another person; or
  • non-disclosure of the personal information is required or permitted by law.

2. Requests to Change or Delete Personal Information

Clients may request that we change or delete their personal information in our possession. We reserve the right not to change any personal information if we do not agree that it is inaccurate or outdated, but will append any alternative text the individual concerned believes appropriate.

Where a request for access, alteration, or deletion of personal information is declined, we will provide reasons for declining the request.

Resolving your questions and concerns

If you have questions or concerns about our Privacy Policy, the handling of your personal information, or Xumi’s privacy or data protection practices, including but not limited to our use of any service providers outside Canada, please contact our Privacy Officer at info@xumi.ca.

You may also contact our Privacy Officer, as described above, to withdraw consent to continued collection, use or disclosure of your personal information, or to request a copy of the most up-to-date version of this Privacy Policy.

Changes to this Privacy Policy

This Privacy Policy was last updated in March 2019. We will occasionally update this Privacy Policy and revise the “last updated” date appearing in this paragraph. Although we will notify individuals with whom we have a relationship (and up-to-date contact information) of material changes, we encourage you to check for updates to refresh your understanding of our personal information policies and practices.

 

General Terms & Conditions

Last Updated: June 10, 2019

These general terms and conditions (the “General Terms”) and in certain cases denoted below, the Supplemental Terms (Defined below and collectively with the General Terms, the “Terms”) apply to your access to and use of any materials or content provided through the Website located at xumi.ca and such other websites and locations as may be made available from time to time (the “Website”), owned and operated by Stonebridge Solutions Inc. (“Xumi”, “we”, “us”, “our”), and any other application or other front-end software provided by us (for greater certainty, excluding third party software that may interact with the Website or the Service, as defined below) that interacts or interfaces with the Website (the “Software”), and the services we provide through the Website and/or the Software (collectively, the “Service”).

PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, VARIOUS LIMITATIONS, EXCLUSIONS AND INDEMNITIES.

Your use of the Service is subject to these Terms. By accessing and using the Service, you accept and agree to be bound by these Terms, and all applicable laws and regulations.

If you are not willing to be bound by each and every term and condition, or if any representation made by you herein is not true, you may not use, and must immediately cease accessing, the Service.

1. SERVICE USE

1.1 Updates to Terms

We reserve the right to amend these Terms at any time, but we will notify you prior to any such changes taking effect by:

  • posting a notice on our Website, and
  • sending you an email (if you have provided us with your email address).

We will ensure that the latest, fully-amended version of these Terms are published on the Service. If any amendment is unacceptable to you, you may terminate your agreement to these Terms by ceasing use of the Service. If you continue to use the Service after the effective date of an amendment, you will be conclusively deemed to have accepted such amended version of these Terms. Unless explicitly stated otherwise, any new features, content or services that augment or enhance the current Service shall be subject to these Terms.

1.2 Application-Specific Terms

Certain Software applications, such as our Xumi Secure Merchant and Xumi Secure Payment, are subject to specific supplemental terms and conditions which are not contained in these Terms.

The following application-specific terms and conditions are incorporated into these Terms by reference:

  • Xumi Secure Merchant Supplemental Terms
  • Xumi Secure Payment Supplemental Terms
    (collectively, the “Supplemental Terms”).

You acknowledge and agree that if you are accessing one of these applications, you are subject to these additional terms and conditions.

1.3 Eligibility

Eligibility requirements vary for use of our Xumi Secure Payment and Xumi Secure Merchant. As such, please see the Xumi Secure Payment Supplemental Terms or the Xumi Secure Merchant Supplemental Terms for the eligibility requirements related specifically to each app.

1.4 Privacy Policy

You acknowledge that you have read our Privacy Policy as it may be updated from time to time, (the “Privacy Policy”) located at https://xumi.ca/terms-and-privacy/,and hereby consent to the collection, use and disclosure of your personal information (whether previously collected or to be collected) for the purposes identified in the Terms or in the Privacy Policy, which is incorporated into these Terms by reference and forms an integral part hereof.

1.5 License to Use

In these Terms, “Content” means all materials and content, including designs, editorial, text, graphics, audiovisual materials, multimedia elements, photographs, videos, music, sound recordings, reports, documents, software, information, formulae, patterns, data and any other work available through our Service. Subject to these Terms, we grant you permission to access the Service as a personal, non-exclusive, non-transferable, limited license to use the Service for non-commercial purposes, provided that with respect to any Content, you may not:

  • modify, copy, reproduce or create derivative works of such Content, unless we have expressly authorized you to do so,
  • use the Content for any commercial purpose,
  • distribute or transmit the Content,
  • publicly display, publish or perform the Content (for any commercial or non-commercial purpose),
  • create derivative works from, transfer, or sell any Content,
  • attempt to decompile or reverse engineer any software or database contained in or accessed through the Service, or
  • remove any copyright or other proprietary notations, without our prior, written consent. All rights not expressly granted to you are reserved by us and, if applicable, our licensors.

For greater clarity, you are allowed to provide links to the Service through email, social media, or other similar methods, provided that such methods do not involve the framing or embedding of any portion of the Service within another website or service, imply any affiliation between you and us, or you and the Service, or portray us or the Service in in a false, misleading, derogatory or otherwise defamatory manner.

2. Your Account

2.1 User Accounts

Your use of the Service may require your creation and maintenance of an account identifying you as a user. As the type of account that you may be required to create to use the Service will depend on whether you are accessing the Service as either a consumer or a merchant. Please see the Xumi Secure Payment Supplemental Terms [LINK] or the Xumi Secure Merchant Supplemental Terms [LINK] for terms and conditions related specifically to those types of accounts.

3. Content

3.1 Our Content

Except where expressly stated otherwise, all right, title and interest in and to the Service and all Content, source code, processes, designs, technologies, URLs, domain names, marks and logos forming any part of the Service (collectively, “Our Content”) is fully vested in us, our licensors or our suppliers and are protected by applicable copyrights, trade-marks, patents, trade secrets or other proprietary rights and laws. You agree that Our Content is licensed subject to these Terms, including the disclaimers and limitations of liability herein. Nothing in your use of the Service or these Terms grants you any right, title or interest in or to Our Content except the limited right to use the Service as set out herein.

3.2 Third Party Content

Content, source code, processes, designs, technologies, URLs, domain names, marks and logos accessed or available through the Service or the Internet may be owned by parties other than you or us (collectively, “Third Party Content”) and may be protected by applicable copyrights, trade-marks, patents, trade secrets or other proprietary rights and laws. Nothing in your use of the Service or these Terms grants you any right, title or interest in or to this Third Party Content except for the limited right to use the Service as set out herein.

4. Proprietary Notices

4.1 Copyright Notice

The Service and all Content (unless otherwise set out herein) is owned and copyrighted by us or our licensors, and is licensed to you in accordance with these Terms only.

4.2 Trademark Notice

The trademarks, logos, and service marks displayed on or through the Service are the property (whether registered or unregistered) of Xumi, its licensors or other third parties. You are not permitted to use trademarks, logos and service marks for any purpose without our prior, written consent. Except as expressly indicated on the website, no endorsement, sponsorship, affiliation or other authorization is implied by any use of third party trademarks.

4.3 Copyright Complaints

If you believe that any Content on the Service infringes upon any copyright or other intellectual property right that you own or control, you may send a written notification of such infringement to our designated agent:

by e-mail at: info@xumi.ca

To meet the notice requirements under Canada’s Copyright Act, the notification must be a written communication that includes the following:

  • the claimant’s name and address,
  • the identity of the work to which the alleged infringement relates,
  • the claimant’s interest or rights in respect of the work,
  • the type of infringement claimed,
  • the electronic location data for which the alleged infringement relates, and
  • the date and time of the alleged infringing activity.

To meet the notice requirements under the USA’s Digital Millennium Copyright Act, the notification must be a written communication that includes the following:

  • a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed,
  • identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site,
  • identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material,
  • information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted,
  • a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law, and
  • a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

4.4 Infringer and Repeat Infringer Policy

We have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users who are deemed to be repeat infringers of intellectual property. We may also, at our sole discretion, limit access to the Service or terminate the Account of any user who infringes any intellectual property rights of us or others, whether or not there is any repeat infringement.

5. Acceptable Use and Prohibitions

5.1 Acceptable and Unacceptable Use

(a) Proper Conduct (Things You Must Do) – Without limiting the generality of anything else contained in these Terms, you must ensure that:

  • you only use the Service for lawful purposes, and
  • if at any time you become aware of any violation, by any person or entity under your control, of any part of these Terms, you will immediately notify us and provide us with assistance, as requested, to stop or remedy such violation

(b) Prohibited Conduct (Things You Must Not Do) – Without limiting the generality of anything else contained in these Terms, you agree that you will not, in connection with the Service, directly or indirectly do or permit any of the following:

  • post, upload, reproduce, distribute or otherwise transmit any Content that:
    (i) is unauthorized or unsolicited commercial communications, junk or bulk communications or other “spam” (whether or not using e-mail services, including instant messaging, blog or comment spam) or is otherwise duplicative or unsolicited,
    (ii) contains a virus, cancelbot, Trojan horse, worm or other harmful, disruptive or surreptitious component,
    (iii) is defamatory, infringing, or unlawful,
    (iiii) is inappropriate, profane, obscene, indecent materials or information without suitable or lawfully-required access controls (which controls shall in no event be our responsibility),
    (v) gives rise to civil liability, or otherwise violates the rights or assists others to violate the rights of us or any third party, such violations including engaging in copyright infringement, invasion of privacy, trademark infringement or defamation,
    (vi) constitutes a criminal offence, or otherwise engages in or assists others to engage in any criminal offence, including pyramid selling, unauthorized use of a computer, mischief in relation to data, fraud, obscenity and child pornography; or
    (vii) incites discrimination, hate or violence towards one person or a group because of their belonging to a race, religion, nationality, sexuality, gender or other human-rights protected group of persons;
  • engage in threats, harassment, intimidation, stalking or abuse or any conduct that violates the legal rights of others, including the rights of minors and rights relating to privacy and publicity,
  • scan or probe another computer system, obstruct or bypass computer identification procedures or engage in unauthorized computer or network trespass without the express permission of the owners of such computer systems,
  • forge headers or otherwise manipulate any protocols or identifiers used in any system or protocol in such a manner to disguise the origin of any data transmitted using the Service,
  • impersonate or falsely represent your association with any person, including a representative of us,
  • disrupt or threaten the integrity, operation or security of any service, computer or any Internet system,
  • disable or circumvent any access control or related process or procedure established with respect to the Service,
  • sublicense, share, resell, reproduce, copy, distribute, redistribute, or exploit for any commercial purposes (except for your internal, personal, non-commercial purposes), any portion of, use of or access to, the Service, except where expressly authorized by us,
  • harvest, scrape, extract, gather, collect, or store personal information about others without their express consent,
  • harvest, scrape, or use any robot, spider, crawler, script or other automated means or interface not provided by us to access the Service or to extract data, collect information or otherwise interact with the Service, or
  • screenshot or otherwise copy the Website or the Service for any unlawful purpose including but not limited to the creation of phishing operations.

5.2 Termination

We may, in our sole discretion, suspend, restrict or terminate your use of the Service, including your Account effective at any time, without notice to you, for any reason, including if the operation or efficiency of the Service or our or any third party’s equipment or network is impaired by your use of the Service, we have received a third party complaint which relates to your use or misuse of the Service, or you have been or are in breach of any term or condition of this Agreement.

You acknowledge and agree that termination, curtailment, or suspension of these Terms for any reason may result in restrictions of, disruptions to or cessation of your or third party access to your Account and you hereby agree to release us from any and all liability and claims of loss resulting from restrictions, disruptions or cessations.

6. Disclaimers, Limits of Liability and Indemnities

6.1 Errors and Omissions

Without limiting the remainder of these Terms, the Service and all Content (as defined below) are provided on an “as-is”, “as available” basis, and we do not guarantee, represent or warrant that the Service will be error free or that the Content will be free of errors or omissions.

6.2 Internet-Based Limitations

Your use of the Service depends on the Internet, including networks, cabling, facilities and equipment that are not in our control; accordingly (a) we cannot guarantee any minimum level or consistency regarding performance, speed, reliability, availability, or use of the Service and (b) data, messages, information or materials sent over the Internet may not be completely private, and your anonymity is not guaranteed.

6.3 User Acknowledgement

You acknowledge and agree that:

  • all use of the Service provided by us is at your own risk,
  • the Content that you may access while using the Service may contain links to other websites, which are provided solely as a convenience to you and the inclusion of any such link does not imply endorsement, investigation or verification by us of such websites or the information contained therein, and
  • all products and services (if and as applicable) provided under these Terms are provided on an “as is” and “as available” basis (unless otherwise set out herein).

6.4 Disclaimer of Warranties

Except as otherwise set out in these Terms (and any terms and conditions or policies incorporated herein), we make no conditions, warranties or representations about the suitability, reliability, usability, security, quality, capacity, performance, availability, timeliness or accuracy of the Service. We expressly disclaim all conditions, warranties and representations, express, implied or statutory, including implied conditions or warranties of merchantability, fitness for a particular purpose, durability, title and non-infringement, whether arising by usage of trade, by course of dealing, by course of performance, at law, in equity, by statute or otherwise howsoever.

6.5 No Liability

Notwithstanding any other provision of these Terms, in no event will we, our affiliates, or our controlling parties, agents employees, suppliers, licensors, resellers or distributors (collectively in these disclaimers and limitations, “we” or “us”) be liable for any direct, indirect, special, incidental, consequential or punitive damages, or any other damages or losses whatsoever, including damages for loss of profits, goodwill, opportunity, earnings, use or data, bodily injury or emotional distress arising directly or indirectly from or related to these Terms or the Service, or any Content or software in connection therewith, regardless of the cause of action and even if one or more of us have been advised of the possibility of such damages or losses, or if such damages or losses would be reasonably foreseeable, including but not limited to any damages or losses arising from or in any way related to the following:

  • sending, receiving, not sending, not receiving, loss, deletion or alteration of any transmissions, data or transactions entered into through or using the Service,
    any suspension, curtailment, restriction, termination or other limitation placed on your use of the Service, or your Account,
  • any act or omission of you or any third party, including any threatening, defamatory, obscene, offensive or illegal conduct or any infringement of another’s rights, including intellectual property rights,
  • the performance of the Internet or the Service,
  • the content or accuracy of any material, information or data (including any software) related to these Terms or viewed, downloaded, accessed or transmitted using, over or through the Internet or the Service, including material that infringes the rights of others or otherwise violates laws or regulations,
  • delays, errors, interruptions, mistakes, omissions, non-delivery, incorrect delivery, viruses, Trojan horses, spyware, spam or defects in the transmission of any information, material or data over or through our systems or networks or the systems or networks of third parties, and
  • your reliance on any Content (i) provided by us, (ii) provided by another user of the Service, or (iii) otherwise available on or through the Service.

6.6 Applicability

Some jurisdictions prohibit the disclaimer of certain warranties or conditions or the limitation of certain types of liability. In such circumstances, to the extent that such prohibitions prohibit any exclusions and limitations in these Terms, such exclusions and limitations will not apply to you strictly to the extent necessary to make these Terms consistent with such prohibitions.

6.7 Indemnity by You

You agree to indemnify and hold us harmless from all liabilities, actions, proceedings, claims, causes of action, demands, debts, losses, damages, charges and costs, including reasonable legal costs, any amount paid to settle any such action, or to satisfy a judgment, and expenses of any kind and character whatsoever incurred by us relating to or arising from (a) access to or use, by you or permitted by you, of the Service or your Account, or (b) any of your acts or omissions, including breach or non-performance of these Terms and any violation of any third party rights.

7. General Provisions

7.1 General Provisions

(a) Interpretation – In these Terms, (i) the captions and headings are for convenience only and do not constitute substantive matter and are not to be construed as interpreting the contents of these Terms, (ii) the word “including”, the word “includes” and the phrase “such as”, when following a general statement or term (whether or not non-limiting language such as “without limitation” or “but not limited to” or other words of similar import are used with reference thereto), is not to be construed as limiting, and the word “or” between two or more listed matters does not imply an exclusive relationship between the matters being connected, (iii) all references to website addresses or URLs shall also include any successor or replacement websites containing substantially similar information as the referenced website(s), and (iv) any monetary amounts expressed are in Canadian dollars.

(b) Waiver of Rights and Remedies – Our failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. Neither the course of conduct between you and us nor trade practice shall act to modify any provision of these Terms. Our rights, powers and remedies in these Terms, including without limitation the right to suspend, restrict or terminate your access to any portion of the Service, are cumulative and in addition to and not in substitution for any right, power or remedy that may be available to us at law or in equity.

(c) Severability – If any provision of these Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability will attach only to such provision or part thereof and the remaining part of such provision and all other provisions hereof will continue in full force and effect.

(d) Notifications – Subject to our Privacy Policy, we may provide you with notifications via email, in hard copy, through your Account, or through conspicuous posting of such notice on the Website or otherwise through the Service, as we may determine in our sole discretion.

(e) Governing Law and Jurisdiction – These Terms and the rights of the parties hereto are governed by, and will at all times be construed in accordance with, the laws in force in the Province of British Columbia and the laws of Canada applicable therein, without reference to its conflict of laws principles. You hereby irrevocably consent to the jurisdiction of the courts of the Province of British Columbia in connection with any matter arising out of or in connection with these Terms.

(f) Assignment and Inurement – We may at any time assign our rights and obligations under these Terms, in whole or in part, without notice to you. You may not assign these Terms without our prior, written consent. These Terms will inure to the benefit of and bind you and us and our respective personal and legal representatives, successors and permitted assigns.

(g) Survival – All provisions that, by their meaning or nature, are intended to survive termination or expiry of these Terms shall survive termination or expiration of these Terms.

(h) Relationship – You agree that no joint venture, partnership, employment or agency relationship exists between us and you as a result of these Terms or your use of the Service.

(i) Entire Agreement – These Terms, as amended from time to time, including any and all documents, websites, rules, terms and policies referenced herein, constitutes the entire agreement between us and you with respect to the matters referred to in these Terms and supersedes all prior and contemporaneous agreements and understandings, whether electronic, oral or written, between us and you with respect to such matters.

(j) English Language – The parties have requested and agree that this agreement and all documents relating thereto be drawn up in English / Les parties ont demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.

7.2 Questions and Concerns

If you have any questions or concerns about these Terms, please contact us by email at info@xumi.ca.

[End of these General Terms and Conditions]