Terms and conditions
- Compliance with SUNNYHILLCAPITAL Policy. The Buyer represents, covenants, and warrants that they will use the Services only in compliance with SUNNYHILLCAPITAL’s standard published policies then in effect (the “Policy”) and all applicable laws and regulations. [the Buyer hereby agrees to indemnify and hold harmless Company against any damages, losses, liabilities, settlements and expenses (including without limitation costs and lawyers’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise from the Buyer’s use of Services.]
- Monitoring of Use. SUNNYHILLCAPITAL has no obligation to monitor the Buyer’s use of the Services, SUNNYHILLCAPITAL may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing.
- Fees. The Buyer will pay SUNNYHILLCAPITAL the applicable fees described in the Agreement for the provided service in accordance with the terms therein (the “Fees”).
- Warranty and Disclaimer. SUNNYHILLCAPITAL shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Implementation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by SUNNYHILLCAPITAL or by third-party providers, or because of other causes beyond SUNNYHILLCAPITAL’s reasonable control, but SUNNYHILLCAPITAL shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption.
However, SUNNYHILLCAPITAL does not warrant that the services will be uninterrupted or error free; nor does it make any warranty as to the results that may be obtained from the use of the services. Except as expressly set forth in this section, the services and implementation services are provided “as is” and SUNNYHILLCAPITAL disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability for a particular purpose and non-infringement.
- Limitation of Liability. Notwithstanding anything to the contrary, except for bodily injury of a person, company and its suppliers (including but not limited to all equipment and technology suppliers), officers, affiliates, representatives, contractors, employees and ‘deemed’ employees shall not be responsible or liable with respect to any subject matter of this agreement or terms and conditions related thereto under any contract, negligence, strict liability or other theory:
(a) for error or interruption of use or for loss or inaccuracy or corruption of data or cost of procurement of substitute goods, services or technology or loss of business;
(b) for any indirect, exemplary, incidental, special or consequential damages,
(c) for any matter beyond SUNNYHILLCAPITAL’s reasonable control; or
(d) for any amounts that, together with amounts associated with all other claims, exceed the fees paid by the Buyer to SUNNYHILLCAPITAL’s for the services under this agreement in the 12 months prior to the Act that gave rise to the liability, in each case, whether or not SUNNYHILLCAPITAL has been advised of the possibility of such damages.
It is understood and agreed by the customer that should SUNNYHILLCAPITAL be found liable for any loss, damage or injury arising from a failure of service in any respect, SUNNYHILLCAPITAL liability for services performed on site at customer’s premises or online shall be limited to an amount equal to the agreement price (as increased by the price for any additional work) or, where the time and material payment term is selected, customer’s time and material payments to SUNNYHILLCAPITAL.
Further, in no event shall SUNNYHILLCAPITAL be liable for any damage, loss, injury, or any other claim arising from any alterations, modifications, or changes of the service platform. Nor will SUNNYHILLCAPITAL be liable for indirect, incidental or consequential damages for any kind, including but not limited to damages arising from the use, loss of use, performance or failure of the service(s) platform to perform.
- Miscellaneous. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sub licensable by the Buyer except with SUNNYHILLCAPITAL’s prior written consent. SUNNYHILLCAPITAL may transfer and assign any of its rights and obligations under this Agreement without consent. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Buyer does not have any authority of any kind to bind SUNNYHILLCAPITAL in any respect whatsoever. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. This Agreement shall be governed by the laws of Ontario or Canadian Federal law contingent upon the matter of dispute and without regard to its conflict of law’s provisions.
CONDITIONS OF SERVICE
As a condition of your use of the Services, you warrant the following:
- all information supplied by via the Services to SUNNYHILLCAPITAL is true, accurate, current and complete,
- if you are an Account Holder, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you,
- you are 13 years of age or older (in some jurisdictions, local laws may have an older age requirement) in order to register for an account, use the Services and contribute to our websites, and
- you possess the legal authority to enter into this Agreement and to use the Services, including our websites in accordance with all terms and conditions herein.
We retain the right at our sole discretion to deny anyone access to the Services, at any time and for any reason, including, but not limited to, for violation of this Agreement. By using the Services, including any products or services that facilitate the sharing of Content to or from third party sites, you understand that you are solely responsible for any information that you share with SUNNYHILLCAPITAL. You may access the Services solely as intended through the provided functionality of the Services and as permitted under this Agreement.
The Content and information available on and through the Services as well as the infrastructure used to provide such Content and information, is proprietary to the SUNNYHILLCAPITAL Company. For all Content other than your Content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through the Services. Additionally, you agree not to:
- use the Services or Content for any commercial purpose, outside the scope of those commercial purposes explicitly permitted under this Agreement;
- access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any Content of the Services, including but not limited to, user profiles and photos, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this Agreement or without our express written permission,
- “frame”, “mirror” or otherwise incorporate any part of the Services into any other websites or service without our prior written authorization;
- attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by SUNNYHILLCAPITAL in connection with the Services, and
- circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content.
SUNNYHILLCAPITAL takes no responsibility and assumes no liability for any Content posted, stored, transmitted or uploaded to the Services by you (in the case of your Content) or any third party (in the case of any and all Content more generally), or for any loss or damage thereto, nor is SUNNYHILLCAPITAL liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, SUNNYHILLCAPITAL is not liable for any statements, representations or any other Content provided by its users (including you as to your Content) in the websites or any other forum. Although SUNNYHILLCAPITAL has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, SUNNYHILLCAPITAL reserves the right, and has absolute discretion, to remove, screen, translate or edit without notice any Content posted or stored on the Services at any time and for any reason, or to have such actions performed by third parties on their behalf, and you are solely responsible for creating backup copies of and replacing any Content you post or otherwise submit to us or store on the Services at your sole cost and expense.
SUNNYHILLCAPITAL collects in accordance with applicable data privacy laws in Canada and within the provincial jurisdiction in which it operates. Personal information will be collected in compliance with Canada’s Personal Information Protection and Electronic Documents Act (‘PIPEDA’).
Collected Personal information will be limited to the purpose for which collection was made, along with knowledgeable consent from the individual upon registration for services offered at SUNNYHILLCAPITAL.
Information will not be collected, used, stored, retained or destroyed without the knowledge and/or consent of the individual, where reasonably possible and necessary to obtain.
NO REFUNDS POLICY
The premium service provided is a virtual digital product that cannot be returned and therefore is non-refundable.