Terms and Conditions

Effective Date: March 5 2018

Please read these terms of use carefully before using this website as they represent a binding agreement between each user of our website (whether that user is an individual acting on his or her own behalf, or a corporation acting through an representative) ("you", "your") and Cyberisk Chek Inc. (referred to as "Cyberisk Chek", "we", "us", or "our").

If you wish to access and use the website, you must accept and agree to be bound by and comply with these terms of use. If you do not agree to these terms of use, then you must not access or use our website.

You agree that these terms of use, and any related information, communications and agreements between you and us, may be made available or occur electronically.

You agree that all risk associated with the use of, or reliance on, any of this information rests with you. You further agree that Cyberisk Chek shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any this information.

These terms of use were last updated on the “Updated” date indicated above. We reserve the right, at our sole discretion, to modify these terms of use at any time. Such modifications shall become effective immediately upon the posting thereof. You must review these terms of use on a regular basis to keep yourself apprised of any changes. You can find the most recent version of these terms of use at: http://www.cyberiskchek.com

Use of Our Website

You may only use this site or services if you are an 18 year old human being.

Cyberisk Chek grants you (as a permitted user) a limited, revocable, non-exclusive license to access our website for your own internal business use and in compliance with applicable law. Use of our website beyond the scope of authorized access granted to you by these terms of use immediately terminates that license.

Access and use of our website may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. Cyberisk Chek is not responsible for any delays, delivery failures, or the unavailability of the website for any reason.

All rights not expressly granted by these terms of use are reserved to us, or, if applicable, our licensors.

Intellectual Property Rights

Our website contains content including, but not limited to, all text, audio, images and other materials or elements, and may generate reports based on your inputs (collectively the "Content"). Content is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of our website or Content or any portion thereof is prohibited without the express written consent of Cyberisk Chek.

You further agree to agree to abide by all copyright notices displayed on our website and on any Content.

Your Privacy

We respect your right to privacy. All information that we may collect via the website is subject to our privacy statement, which is accessible at: www.cyberiskchek.com

Your Conduct

To the extent that our website permits you to post, email, or otherwise make available content, you agree not to post, email or otherwise make available content that:

  • is unlawful;
  • includes personal or identifying information about another person without that person’s explicit consent;
  • impersonates any person or entity or falsely states or otherwise misrepresents an affiliation with a person or entity;
  • infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person, or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
  • is harmful, threatening, abusive, harassing, defamatory, pornographic;
  • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • disrupts the normal use of our website with an excessive amount of content, or that otherwise negatively affects other users’ ability to use our website; or
  • employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through our website.

You will be solely responsible and liable for any and all loss, damage, and additional costs that you, Cyberisk Chek or any other person may incur as a result of your submission of any information on or through this website.

Payment and Payment Security

Cyberisk Chek accepts payment for its services by PayPal. We do not retain any personal identifiers such as your name, IP address or your payment information such as your credit card or banking information. Fees paid by you are non-refundable except as required by law.

Fees are subject to change from time to time.

Registered Users / Website Accounts

Certain sections of our website may only be available to you upon registration for a website account. By registering, you represent and warrant to Cyberisk Chek that: (a) all information provided by you to Cyberisk Chek during the registration process is truthful, accurate and complete; and (b) you will comply with these terms of use.

As a registered user, you agree to maintain and promptly update your registration data as necessary to keep it true, accurate, current and complete.

You will be responsible for any and all loss, damage, or additional costs that we and/or our service providers or others may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration or other information that you submit via our website.

You acknowledge that you are solely responsible for maintaining the confidentiality of your account password, and that you (and not us) will be responsible for any loss resulting from any unauthorized use of your account or access to your content. You agree to immediately notify us of any unauthorized use of your account.

Disclaimer Regarding Third Party Content

This website may offer access to third party websites and content available over the Internet. Cyberisk Chek generally exercises no control over such third party websites and content. You agree that it is your responsibility to review and evaluate any such content, and that any and all risk associated with the use of, or reliance on, such content rests with you. You are responsible for viewing, accepting and abiding by the terms of use and privacy policies posted at these third party websites. Inclusion of a link to third party content does not imply endorsement by Cyberisk Chek of such content. You further agree that Cyberisk Chek shall not be liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any third party websites or content.

Disclaimer of Warranties and Liability

THIS WEBSITE (INCLUDING ITS CONTENT) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR ANY WARRANTIES AS TO THE NATURE, STANDARD, SUITABILITY OR ACCURACY OF THE WEBSITE (INCLUDING ITS CONTENT).

This website (and the Content) is for general information purposes only and no Content should be interpreted as a recommendation for a specific risk mitigation measure, plan, product or course of action. Use of this website (and the Content) does not replace consultations with a qualified professional who is familiar with the specific nature of your business and operations. In addition, cyber-risk information changes rapidly and therefore, some of the Content may become out of date.

You agree that all risk associated with the use of, or reliance on, this website (and the Content) rests with you. You further agree that Cyberisk Chek shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, this website (and the Content).

If, notwithstanding the above, Cyberisk Chek and/or its affiliates, and their respective directors, officers, employees, subsidiaries, affiliates, successors, assigns, agents, service providers are liable to you: (i) such liability shall be limited to direct damages of no more than CDN$100; and (ii) such persons shall not be liable for any special, indirect, incidental, or consequential damages, including without limitation, lost revenues or lost profits, which may result from the use of this website and/or the Content.

Indemnity

You agree to defend, indemnify and hold Cyberisk Chek and its affiliates, and their respective directors, officers, employees, subsidiaries, affiliates, successors, assigns, agents, service providers harmless from any claim or demand, including reasonable legal fees and court costs, made by any third party due to or arising out of your use of our website and Content, your violation of these terms of use, your breach of any of the representations and warranties herein, or your violation of any rights of another person.

General Matters

The website is hosted in Ontario by Cyberisk Check (an Ontario company). This website, our interaction with you, and these terms of use are governed by the laws of the Province of Ontario (and the federal laws of Canada applicable therein) without regard to its conflict of law provisions. These terms of use constitute the entire agreement between you and Cyberisk Chek regarding your use of our website, superseding any prior agreements between you and Cyberisk Chek regarding this website. You and Cyberisk Chek agree to submit to the non-exclusive jurisdiction of the courts located in Toronto, Ontario. The failure of Cyberisk Chek to exercise or enforce any right or provision of these terms of use shall not constitute a waiver of such right or provision. If any provision of these terms of use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these terms of use remain in full force and effect.