Terms of Service ("Terms")

ACCEPTANCE OF TERMS

1. These Terms of Use (the “Terms”) constitute a legally binding agreement between you and Nordai Analytics Corp. (“Nordai,” “we,” “us” or “our”) governing your access to and use of the Nordai application and any associated software, digital platforms, products, services, content and functionality (collectively, the “Application”). 

PLEASE READ THESE TERMS BEFORE ACCESSING, LAUNCHING, OPENING, ACTIVATING, INSTALLING OR USING THE APPLICATION.

2. By executing the Application, you accept these Terms and agree to be legally bound by them.

3. For purposes of these Terms, “Application Execution” means the first occurrence of any of the following actions by you:

3.1. launching or opening the Application;

3.2. accessing the Application through a web browser, device, platform or other interface;

3.3. installing or activating the Application;

3.4. logging into or creating an account for the Application;

3.5. accessing any material functionality of the Application; or

3.6. submitting and application to Nordai;

3.7. otherwise using the Application.

4. Application Execution constitutes your electronic acceptance of these Terms and forms a binding agreement between you and Nordai, to the extent permitted by applicable law.

5. If you do not agree to these Terms, you must not execute, access or use the Application.

ELECTRONIC ACCEPTANCE

6. You acknowledge and agree that:

6.1. these Terms are presented or made reasonably available to you before or at the time of Application Execution; you have a reasonable opportunity to review these Terms before using the Application; Application Execution is an electronic action by which you communicate your acceptance of these Terms; your electronic acceptance has the same contractual effect as acceptance communicated by other legally recognized means; and

6.2. no handwritten or electronic signature is required to form the agreement where the agreement is otherwise validly formed through Application Execution.

6.3. Where Nordai requests additional affirmative acceptance, including selecting an “Accept,” “Agree,” “Continue” or similar button, that action constitutes additional evidence of acceptance but is not intended to be the exclusive means by which these Terms may be accepted.

6.4. Nothing in this section limits any requirement imposed by applicable law concerning notice, disclosure, consent or contract formation.

USERS ACTING FOR AN ORGANIZATION

7. If you execute or use the Application on behalf of a corporation, partnership, university, employer or other organization (“Organization”), you represent and warrant that you have authority to accept these Terms on behalf of that Organization.

7.1. Where you have that authority, references to “you” include the Organization, and the Organization is bound by these Terms.

7.2. If you do not have authority to bind the Organization, your execution or use of the Application does not, by itself, represent that the Organization has agreed to these Terms.

RECORD OF ACCEPTANCE

8. Nordai may maintain electronic records relating to acceptance and use of the Application, including, where applicable:

8.1. the version of these Terms made available at the time of acceptance;

8.2. the date and time of Application Execution;

8.3. account or user identifiers;

8.4. application or software version;

8.5. device, browser or session information;

8.6. acceptance events;

8.7. login records; and

8.8. other records reasonably necessary to establish the circumstances of contract formation, security or use of the Application,

8.9. in each case subject to applicable privacy law and Nordai's Privacy Policy.

8.10. Such records may be retained and used as evidence of the transaction, acceptance of these Terms and useof the Application to the extent permitted by applicable law.

CONTINUING USE AND UPDATED TERMS

9. Nordai may amend these Terms in accordance with the amendment provisions contained in these Terms, sometimes without prior notice.

10. Where Nordai makes a material amendment, Nordai will provide notice in a manner appropriate to the nature of the Application, the amendment and applicable law.

11. Where affirmative consent to an amendment is required by applicable law, Nordai will obtain that consent.

12. Where permitted by applicable law, your execution or continued use of the Application after the effective date of amended Terms constitutes acceptance of the amended Terms, provided that the amended Terms or appropriate notice of them have been made reasonably available to you.

STATUTORY RIGHTS

13. Nothing in these Terms, including the provisions governing electronic acceptance and Application Execution, excludes, restricts or waives:

13.1. any consumer right or remedy that cannot lawfully be excluded, restricted or waived;

13.2. any requirement for express or separate consent imposed by applicable privacy, consumer protection, electronic commerce or other law;

13.3. any mandatory disclosure requirement; or

13.4. any other statutory protection that applies notwithstanding an agreement to the contrary.

13.5. Application Execution constitutes contractual acceptance only to the extent that contractual acceptance may lawfully be established in that manner

PRIVACY

14. Your privacy is important to us.  If you provide any personal information to us through this website, we will handle it according to what we say in our Privacy Policy.  

15. Contact us to get a copy of the Privacy Policy if not available on this site for any reason. Please contact our Chief Privacy Offer in the contact form.
 

COPYRIGHT

16. Unless we tell you otherwise, the content on this website, materials or data, or submitted to this website, is protected and all rights moral or otherwise are reserved.  

17. Copyright ownership in user submitted content is ours, including moral rights, unless we agree otherwise.

18. You must obtain the prior consent of the copyright holder, Nordai, before using, downloading, or doing anything with Nordai materials, or user submitted content, marketing materials, promotional materials, hackathon materials, copywritten materials or other proprietary data or materials.

USER CONTRIBUTED CONTENT

19. This website allows you and others to submit content to this website, and to download certain files, data and materials. 

20. If you choose to submit content or use the data, please be civil and respectful and ensure you delete materials if and when requested to do so.
21. YOU MUST NOT:

21.1. Mislead us or anyone else as to your identity or the origin of the submitted content, or falsely claim to represent a person, organization or entity post or transmit any message, data, content or link to content that:

21.1.1. you either do not own or do not have the necessary rights to post, download or transmit data.

21.1.2. is in violation of any law, rule or regulation or any third party right, or promotes illegal activity or conduct that would contravene any law, rule or regulation or third party right.

21.1.3. is illegal, abusive, hateful, discriminatory, malicious, aggressive, threatening, violent, harassing, inflammatory, indecent, tortious, defamatory, knowingly false, misleading, deceptive, vulgar, obscene, offensive, scandalous, sexually explicit, profane, offensive or otherwise objectionable.

21.1.4. incites hatred, racism, bigotry or physical harm of any kind.

21.1.5. is unsolicited or unauthorized, such as unsolicited or unauthorized advertising, promotional material, "junk mail," "spam," "chain letter," "pyramid scheme," or any other form of solicitation (commercial or otherwise).

21.1.6. is in breach of any confidence or non-disclosure agreement.

21.1.7. includes personal data or information about others or data provided to you.

21.1.8. can result in us being liable, or potentially liable, to anyone else under any intellectual property rights laws.

CONSENT AND DISCLOSURE

22. By attending the Finposium conference, providing feedback, responding to questionnaires, submitting your content, participating in promotions, or downloading materials and data you agree to give us a right to do what we want with the content that you submit and to permit others to do the same; in both cases, without the need to give you notice, acknowledgement or payment (except in the case of personal information, in which case our right to do what we want with it is subject to terms of our Privacy Statement, and other privacy policies, laws and applicable user consents). You also agree to waive your moral rights as an author under copyright law in the submitted content.

MODERATION

23. While we may try to moderate certain interactive portions of this website, events, promotions or hackathons before, during or after the events, we are not required to, nor should you expect that we will, take action in response to any content, criticism, or comments posted on this website, at the conference, or in any other forum by us. 

24. The views expressed by others represent their own personal views and are not endorsed or approved by Nordai, nor do we endorse or approve any events or other activities posted by a user or made during or after an event.

RIGHTS RESERVED

25. We reserve the right to post or not to post any content that you submit, and to remove, edit or move, at any time, any content submitted and posted on this website or in a conference or hackathon or other product or service. This includes materials which does not comply with these Terms of Use or for any other reason that we determine appropriate in our sole and exclusive opinion.

LAWS & LAW ENFORCEMENT

26. Please note Nordai will cooperate with all law enforcement officials and comply with any court order with respect to any claim or investigation due to any content posted or activity that you undertake on our website, Nordai events, Nordai promotions, speeches, or at a conference or in a hackathon and will provide such content and provide information regarding your identity as well as any other relevant or requested information.  

27. You do not have any expectation of privacy for materials submitted, answers given, or statements made at the conference, promotions, events or otherwise with Nordai. 

28. You have no expectation of privacy or privileged legal communications for any user submitted documents, data, correspondence or submissions.

LINKS

29. You may see links on this website to other websites, or data sources and some widely-used social media platforms. 

30. We have included them because they may be of interest to you. 

31. Just to be clear, providing a link to them does not mean that we endorse or recommend them to you, and you should consider the risks of accessing any website or social media platform.

32. Also, since these other websites and social media platforms are controlled and maintained by other people, we can’t be sure that the link will still work when you click on it or that the service or content is useful, appropriate, safe, malware or virus-free or reliable. Therefore, you need to decide for yourself whether you want to follow any link, download data or participate in an project or hackathon or to agree to receive or rely on any service or content that is made available to you.

YOUR PRIVACY AND THIRD PARTY SITES

33. Important Privacy Information: Any information that you provide to or through a social media platform or other website is not collected or controlled by us. Social media platforms or other websites are not bound by our Privacy Statement. You should review the privacy policies of any linked website or social media platform before providing any personal or other information. Others may not comply with the same privacy laws, policies and practices. Please be careful and when in doubt do not share your information. We do not sell your information or data to anyone.  However, where we cooperate or work with partners, such as universities or other companies, on conferences or hackathons, your information may be shared with them for logistics, safety, security or other business reasons.

34. Unless we tell you otherwise, other websites and social media platforms that link to this website are not associated with us or endorsed by us and we take no responsibility for third party sites.

DISCLAIMER

35. We cannot make this website as current, informative and interactive as possible without the important legal disclaimers of warranty and liability set out below. 

WARRANTY

36. Use of this website and its contents, conference materials, and any data collected by us is at your own risk. This website and all of its content are provided "AS IS". 

37. You must not rely on any statements, materials, presentations, or other content published on or linked to this website or any conference. 

38. First make your own inquiries to verify it is accurate, current, safe and complete. 

39. We do not make, and expressly disclaim, any representations, warranties, covenants and conditions, express or implied, arising out of operation of law, course of performance, course of dealing, usage of trade or otherwise, including any express or implied warranties and conditions of: merchantability; merchantable quality; fitness for a particular purpose; non-infringement; safety; quality; freedom from defects or that defects will be corrected; uninterrupted, virus-free or error-free use of this website; or accuracy, currency, reliability, completeness or appropriateness relating to the content of this website.

LIMITATION OF LIABILITY

40. The maximum that we may be held liable for in any dispute is $250 CAD. Under no circumstances will we or our employees, agents and independent contractors have any responsibility or liability for any loss or damage whatsoever (including without limitation direct, indirect, special, incidental, consequential, punitive, exemplary or other damages, and including without limitation to any loss of profit, costs, expenses, harm to business, business interruption, reputation, loss of information or programs or data, loss of savings, loss of revenue, loss of goodwill, loss of tangible or intangible property, legal fees or legal costs, wasted management or office time or damages of any kind whatsoever), whether based in contract, tort, negligence or any other legal basis, arising out of or in connection with this website, data, any linked website or linked social media platform (including without limitation any damages suffered as a result of the use, inability to use, failure of, or any omissions or inaccuracies in, this website, any linked websites or linked social media platforms, or any of the services or content of the foregoing), even if we have been specifically advised of the possibility of such damage or loss, or if such damage or loss was foreseeable.

GENERAL

41. We reserve the right to supplement, remove or modify these Terms of Use at any time and from time to time without notice. Please check this website regularly for any changes. If you continue to use this website following a change to these Terms of Use, you will be deemed to have accepted the changes.

DISPUTES AND JURISDICTION

42. If any term or condition set out in this Terms of Use is held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions will continue in full force. These Terms of Use are governed by the laws of the Province of Ontario and deemed to be entered into by you in the Province of Ontario.  Any dispute with respect to Nordai products, services, promotions, events, conferences, data, this website, these Terms or the Privacy Policy shall be governed by the Ontario Arbitration Act, and adjudicated by a sole adjudicator located in Toronto, Ontario.  If you have any questions with respect to this, please contact us on the Contact page.