Last updated: November 13, 2020
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR USE OF THIS WEBSITE AND YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.
Welcome to https://www.malpack.ca/. This website is operated by Malpack Ltd., and Malpack Corp., and its affiliates (collectively, “Malpack”, “we”, “us” or “our”). This “website” means the whole or any part of the web pages located at https://www.malpack.ca/ directed to and includes the layout of this website; individual elements of this website’s design; underlying code elements of the website; text, sounds, graphics, animated elements and any other content of this website.
We reserve the right to modify the above Terms at any time without notice. The date of the most recent update is noted at the bottom of this page.
1. Use of website
This website may be accessed and used only by individuals who can form legally binding contracts under applicable laws, who are 18 years of age or older, and who are not barred from using the website under applicable laws.
You agree that you will be personally responsible for your use of this website and for all of your communication and activity on and pursuant to this website. You agree that you will use this website responsibly and in compliance with all applicable laws and these Terms.
You agree that you will not hack into this website or employ any robot, spider or other device or process to use this website for unauthorized purposes. You also agree that you will not attempt to gain unauthorized access to any portion or feature of our website, or any other systems or networks connected to our website or to any server, including by hacking, password “mining” or any other illegitimate means. You further agree that you will not take any action or do anything which imposes an unreasonable burden on or interferes with the website or others use of the website. You also agree that you will not reverse look-up, trace or seek to trace any information on any other user of or visitor to the website, or any other Malpack customer, including but not limited to personal identification or information. Malpack reserves the right to take any legal action if Malpack believes that user conduct violates these Terms, applicable law or is harmful to the interests of Malpack, including, but not limited to, refusing service at its discretion or terminating your access to the website or any related accounts and services on a temporary or permanent basis. Malpack will not be liable to you or any third party as a result of such termination or modification. The terms and conditions provided in these Terms will survive any such termination or modification.
Using Malpack’s website, you agree to hold sole responsibility for all activities on your device. Malpack is not responsible in any way for any losses caused by unauthorized access to your device(s).
In our sole discretion, in addition to any other rights or remedies available to us and without any liability whatsoever, we at any time and without notice or liability to you may terminate or restrict your access to any component of this website. In the event of such termination or restriction, these Terms shall continue to apply and be binding upon you with respect of your prior use of the website and of the information contained therein.
You shall represent yourself and yourself only when creating an account with Malpack, and not impersonate another person while using our website or services. It is your sole responsibility to keep your username and password (where applicable) secure, as well as ensure no access of third parties to your data. It is your full responsibility for any and all activities that occur on your account.
You agree not to use the website or our products and services in any manner that (a) violates any applicable law, (b) threatens, stalks, harasses, abuses, defames, slanders, or in any other way harms another person, (c) collects or stores personal data about other users without their consent, (d) infringes on the intellectual property rights of any third party, (e) is vulgar, gratuitously violent, obscene, pornographic, indecent, lewd, libelous, invasive of another’s privacy, or racially, ethnically, or otherwise offensive, hateful, or abusive, (f) promotes sexually explicit or pornographic material or discrimination based on any ground, (g) constitutes unsolicited or unauthorized advertising, junk, or bulk email, chain letters, or any other unsolicited communication, or (g) transmits any material or communications that contain a petition for signatures, chain letters, or letters relating to a pyramid scheme.
3. Intellectual property rights
All content, information, data, database content, articles, biographies, materials, third-party articles, photographs, images, videos, software, trademarks, logos, designs, publicity slogans, source code, inventions, knowhow, and/or other Malpack material protected by copyright, patent, trade-mark and other applicable intellectual property laws appearing on this website (the “Content”) are the exclusive property of Malpack or the property of third parties who granted permission to use such Content on this website, or both.
You are not authorized to modify, reproduce, re-edit, transfer, forward, transmit, publish, distribute or create derivative works of the Content without prior written consent from Malpack. Nothing contained on this website should be construed as conferring or granting by implication, estoppel or otherwise any license or right of use of our Content or any Malpack intellectual property without our express written permission. Contact us using the information outlined below if you would like to seek any such permission.
You agree that you will not do or allow any third party to do anything which may infringe, damage or endanger Malpack’s intellectual property rights or the intellectual property rights of a third party in respect of this website.
Nothing contained on this website should be construed as conferring or granting by implication, estoppel or otherwise any license or right of use of any other person’s or entity’s trade mark, patent or other intellectual property right that is associated with this website without their express permission.
All unauthorized use of the Content will be considered as a violation of Malpack’s intellectual property rights.
4. Grant of license
Malpack grants you a limited, non-exclusive, non-transferable, non-assignable license (without the right to sublicense) to access and use the website solely in a commercially reasonable manner for your legitimate internal business purposes and purposes otherwise consistent with these Terms. You may not:
- Reproduce, modify, publish, distribute, publicly display, adapt, alter, translate, or create derivative works from our website or Content.
- Sublicense, lease, sell, rent, loan, or otherwise transfer our website or Content to any third party.
- Reverse engineer, de-compile, disassemble, or otherwise attempt to derive the source code from our website or Content.
- Otherwise use or copy our website or Content except as expressly allowed under this Grant of License and Terms.
- Use our website or Content in a "service bureau" or similar structure whereby third parties obtain use of our website or Content through you.
Remove, obscure, or alter any copyright, trademark, or other proprietary notices embedded in, affixed to or accessed in conjunction with the website or Content.
5. User information
We welcome feedback, comments, reviews of the website and suggestions for improvements to our website (“Feedback”). You can submit Feedback by emailing us at email@example.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
8. Website availability
From time to time and without prior notice to you, Malpack may cease to continue operating part or all of the website or selectively disable certain aspects or portions of the website. Any modification to or elimination of the website will be done in our sole and absolute discretion and without any obligation or liability to you, and your use of the website does not entitle you to the continued provision or availability of the website.
9. Sale of Malpack products and services
Malpack reserves the right to cease production of any products and services offered on this website or to modify any specification related to these products and services without notice and without incurring any liability.
10. No warranties
Your use of the website is at your own risk. While Malpack endeavours to ensure that Content and other the information on the website is correct, Malpack is under no obligation to do so.
To the fullest extent allowed by law, the website, any content and any information, is provided to you "as is" and "as available" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Malpack, on its own behalf and on behalf of its officers, directors, employees, affiliates, subsidiaries, licensors, agents, representatives, and service providers (collectively, the “Malpack Parties”), expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the website and Content including all implied warranties of merchantability, fitness for a particular purpose or of any nature regarding the information or the product to which the information refers, title and non-infringement, accuracy, quiet enjoyment, no encumbrance, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Malpack provides no warranty or undertaking, and makes no representation of any kind that the website will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Malpack may, in its sole discretion and at any time without notice, restrict, suspend or cancel access to or use of the website, for all or any one or number of users.
Without limiting the foregoing, neither Malpack nor any of Malpack’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the website, or the information, Content, and materials, services or products included thereon; (ii) that the website will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the website; or (iv) that the website, its servers, the content, or e-mails sent from or on behalf of Malpack are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Malpack will not be liable for any interference with or damage to your computer systems that may occur in connection with use of this website or a linked website, or for any data lost or any equipment or software damaged or replaced by you as a result of you using this website. You must take your own precautions to ensure that your use of this website is free of viruses or other malicious content that may interfere with or damage the operations of your computer systems.
Malpack makes no representations about the suitability, reliability, timeliness, comprehensiveness or accuracy of the information, services and other content contained on this website. You are solely responsible for the use and/or the interpretation of all the Content, data and information of this website.
These Terms solely apply to the website and the Content and information on the website; the warranties set forth in these Terms do not supersede or revoke any warranties or limitations of liabilities that apply to products and/or services offered or provided by Malpack, its affiliates, its suppliers, or its distributors in separate written agreements.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
11. Limitation of liability
To the maximum extent permitted by applicable law, you agree that in no event will you seek to hold the Malpack Parties liable:
- directly or indirectly in contract, tort (including negligence), equity, warranty or otherwise for any damage (including direct, indirect, incidental, consequential, special, punitive, exemplary and aggravated damages and damages for loss of use, profits or revenue, loss of data or other information, business interruption, personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the website, third-party software and/or third-party hardware used with the website, or otherwise in connection with any provision of the Terms) or other remedy whatsoever arising out of, based on, in connection with or resulting from these Terms, the website, from any actions we take or fail to take as a result of communications you send to us through or linked with the website, any delay or inability to use the website, for any information, products or services advertised in or obtained through the website, our as removal or deletion of any materials or Content submitted or posted on the website, or your access to, use of, misuse of or inability to use the website or Content, even if Malpack or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose; and
- to you or anyone else for any loss or damage, however caused which may be directly or indirectly suffered in connection with websites of other entities that are hyperlinked from this website.
If you are dissatisfied with the websites or any of our services provided thereunder, your sole and exclusive remedy is to discontinue use of the website.
In no event shall Malpack Parties’ total liability to you for all damages, losses and causes of action, whether in contract, strict liability, tort (including negligence) or otherwise, exceed one hundred (100) US dollars or the amount paid by you for accessing the website, if any, whichever is greater.
Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
By accessing and browsing this website, you accept that you will indemnify and hold each of the Malpack Parties harmless against all liabilities, damages, losses, actions, costs, legal fees, claims, demands and causes of action whatsoever at law, in equity or under statute, that Malpack may suffer or incur as a result of: (a) your access to and use of this website and Content; (b) from any other alleged violation of the present Terms; (c) and infringement by you, or any third party using your account, computer, mobile phone, table or any such device, of any intellectual property or other right of any person or entity.
Malpack reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you agree to cooperate with our defence of these claims. You agree not to settle any matter without the prior written consent of Malpack. Malpack will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
We may terminate your access to and use of the website and related services at our sole discretion, at any time and without notice to you. If Malpack determines, in its sole discretion, that you are in violation of any provision of these Terms, Malpack may suspend or terminate your use or access to the Malpack website and/or your account without the notice to you. At all times, Malpack shall have the discretion to take such action as Malpack deems necessary, in its sole discretion, to preclude a violation, and Malpack shall not be liable for any damages of any nature suffered by you or a third party resulting from Malpack's exercise of its rights under these Terms. Upon any termination, discontinuation or cancellation of services, products or use of website, your right to use website and any accounts will cease immediately and the following sections will survive: Use of website, Intellectual property rights, Feedback, User information, Grant of license, No Warranties, Limitation of liability, Indemnity, Governing laws, Dispute resolution, Import and export compliance, and General Terms.
14. Governing Law
If you are residing within the United States, these Terms shall be governed by the laws of the State of North Carolina and all disputes arising out of these Terms shall be subject to, and each party hereby consents to, the sole and exclusive jurisdiction of the competent courts located in North Carolina. If you are residing outside the United States, these Terms shall be governed and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable and the Ontario Superior Court of Justice will have exclusive jurisdiction to resolve any disputes relating to these Terms. Any principles of conflict of laws provisions shall not apply hereto. The provisions of the United Nations Convention on the International Sale of Goods shall not apply to these Terms.
15. Dispute resolution
If you have any concern or dispute about the website and any related services, you agree to first try to resolve the dispute informally by contacting us in writing using the contact information outlined below.
16. Import and export compliance
You may not use or otherwise export or re-export the website or Content except as authorized by United States law and the laws of the jurisdiction in which the website, Content, and services and products were obtained. You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties. You also agree that you will not use the website or Content for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
17. General terms
The Terms constitute the entire agreement between Malpack and you with respect to the subject matter hereof, and supersede all communications, representations or agreements, either oral or written, between Malpack or its affiliates and you with respect to this subject matter. In the event any portion of these Terms are found to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the enforceability or validity of any other portion of these Terms and which shall remain in full force and effect and be construed as if the invalid or unenforceable portion were not part of these Terms. Malpack’s failure to insist upon or enforce strict performance of any provision of the Terms or any right shall not be construed as a waiver of any such provision or right.
18. Contact us
If you have any questions about these Terms, you can contact us in writing at:
Address: Malpack 510 Finley Ave, Ajax, ON L1S 2E3, Canada