Legal

Website Terms and Conditions of Use

1. Acceptance
This site is owned and operated by Zilch Inc. (hereinafter "ZILCH"), a company incorporated in the Province of Ontario, from its offices at London, Ontario. Your access to and continued use of this website available under the domain and sub-domains of http://www.zilch-inc.com (hereinafter "Site") constitutes your acceptance of and compliance with the following provisions contained in the Website Terms and Conditions of Use (hereinafter "Agreement"). If you have not already done so, please take some time to familiarize yourself with these provisions. If you do not agree to these terms and conditions, you should immediately discontinue any use of the Site.

2. Modification to Terms and Conditions of Use
ZILCH reserves the right, at any time, to modify, alter, or update these terms and conditions of use by posting the amended terms on the Site, and you agree to be bound by such modifications, alterations or updates. This Agreement may not be otherwise amended except in writing signed by you and ZILCH.

3. Product Not Available in all Jurisdictions
The product descriptions, if any, provided on this Site are not intended to constitute offers to sell or solicitations in connection with any products or services. Some products may not be available in all jurisdictions.

4. Legal Compliance
You shall comply with all applicable domestic and international laws, statues, ordinances and regulations regarding your use of our products and services available on this Site.

5. Disclaimer of Liability
ZILCH provides this Site, including any products or services purchased or licensed through this Site “AS IS”. ZILCH makes no warranties, expressed or implied, and ZILCH disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular use, or non-infringement of intellectual property or other violation of rights. ZILCH does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this Site or otherwise relating to such materials or on any websites linked to this Site or linked by this Site.
ZILCH does not warrant or make any representation concerning compliance with local construction and/or building laws for any of the industrial designs or design patents on this Site. Furthermore, neither ZILCH nor its affiliated or related entities or its content providers are responsible or liable to any person or entity whatsoever (including, without limitation, persons who may use or rely on such data/materials or to whom such data/materials may be furnished) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based on or resulting from any information or opinions provided in this Site.
If you are dissatisfied with this Site or any materials on the Site, or with any of ZILCH’s terms and conditions of use in this Agreement, your sole and exclusive remedy is to discontinue using this Site.

6. Viruses
While effort is made to ensure that all information provided at the Site does not contain computer viruses, you should take reasonable and appropriate precautions to scan for computer viruses and should ensure that you have a complete and current backup of the applicable items of information contained on your computer system. ZILCH cannot and does not warrant or make any representation that material on this site are free of viruses, worms, Trojan horses or other code that has contaminating or destructive properties.

7. Liability Limit
In no event shall ZILCH, its subsidiaries, officers, directors, employees or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement, however arising, including negligence.

8. Intellectual Property
The materials contained in this Site are protected by applicable intellectual property laws. Permission is granted to temporarily download one copy of the materials (information or software) on this Site for transitory viewing only unless stated otherwise. This is the grant of a licence, not a transfer of title, and under this licence you may not:
(a)    modify or copy the materials;
(b)    attempt to decompile or reverse engineer any software contained on this Site;
(c)    remove any copyright or other proprietary notations from the materials; and
(d)    transfer the materials to another person or “mirror” the materials on any other server.
This licence shall automatically terminate if you violate any of these restrictions and may be terminated by ZILCH at any time. On terminating your viewing of these materials or on the termination of this licence, you must destroy any downloaded materials in your possession whether in electronic or printed format.

9. Revisions and Errata
The materials appearing on this Site could include technical, typographical or photographic errors. ZILCH does not warrant that any of the materials on this Site are accurate, complete or current. ZILCH may make changes to the materials contained on this Site at any time without notice. ZILCH does not, however, make any commitment to update the materials.

10. No Agency
You and ZILCH are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

11. Severability
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

12. Jurisdiction
This agreement shall be governed by, construed and enforced in accordance with the laws of the Province of Ontario, as it is applied to agreements entered into and to be performed entirely within such province. Any action you, any third party or Provider bring to enforce this agreement or, in connection with, any matters related to this site shall be brought only in the courts of the Province of Ontario, and you expressly consent to the jurisdiction of said courts at the exclusion of all other jurisdictions.

13. Indemnity
You agree to indemnify and hold ZILCH and (as applicable) its parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or your violation of any law or the rights of a third party. This provision shall survive the termination of your right to use this Site.
 
14. Privacy
ZILCH is very respectful about the privacy concerns of the visitors to its sites on the Internet and is committed to protecting your privacy. ZILCH has developed a privacy policy ("Privacy Policy") explaining the collection, use, and disclosure of your personal information obtained in association with this Site. Please refer to www.zilch-inc.com/privacy or contact privacyofficer@zilch-inc.com to obtain a copy of ZILCH's privacy policy. You agree to ZILCH handling your personal information in accordance with the Privacy Policy.

Privacy Policy

Your privacy is important to Zilch Inc. (hereinafter "ZILCH"). This Privacy Policy describes how ZILCH handles your personal information including collection, use and disclosure of personal information in association with ZILCH and its website www.zilch-inc.com (hereinafter "Site") in compliance with the Personal Information Protection and Electronic Documents Act ("PIPEDA").

"Personal information" means information about an identifiable individual, which includes any factual or subjective information about that individual. ZILCH is accountable for all personal information in its possession or control, including any personal information transferred to third parties for processing.

1. No Collection of Personal Information without Consent
As a general policy, no personal information is automatically collected from visitors to the Site. However, certain non-personal information of visitors is recorded by the standard operation of ZILCH’s servers. This information is primarily used to provide an enhanced online experience for the visitor. Information tracked may include the type of browser being used by the visitor, the type of operating system in use by the visitor and the domain name of the visitor’s Internet service provider. By having this information, Web pages optimized for a particular visitor’s computer are automatically available to that visitor. Other uses of this information may include internal review of the number of visitors to the sites but only in an aggregate and non-personally identifiable form. E-mail addresses and other personally identifiable data about visitors to this Site are known to ZILCH only when voluntarily submitted. Most internet browsers can be configured not to accept cookies, or to notify you if a cookie is sent to you.

ZILCH will obtain your consent before or when it collects your personal information. Your consent may be provided expressly, implicitly or through an authorized agent or representative.

2. Why do we collect your personal information?
If you are a ZILCH customer, if you have applied to be a ZILCH customer or if you have otherwise voluntarily provided personal information to ZILCH, ZILCH has some basic information about you. We understand that some of this information is private, which is why we collect personal information ONLY for the following purposes (hereinafter "Purpose"):

  1. To establish and maintain a responsible commercial relationship with you. For example, when you apply for a license of one ZILCH's products, we collect information that allows us to confirm your identity and to establish a licensing agreement. 
  2. To understand your needs and preferences. For example, we may collect information about which of our products are preferred.
  3. To manage and develop our business and operations. For example, we may use your personal information to inform you of new ZILCH products.
  4. To meet legal and regulatory requirements. For example, we may collect and/or disclose your personal information to comply with Canada Revenue Agency (CRA) requests. 


ZILCH will inform individuals of the Purpose for which personal information will be collected, used, and distributed before or when they consent to its collection.

3. How do we protect your personal information?
In order to protect your personal information and your privacy, ZILCH will not collect, use or disclose your personal information for any purpose other than those identified above, except with your consent.

In addition, ZILCH will make reasonable efforts to:

  1. Protect your personal information with appropriate security safeguards;
  2. Protect the confidentiality of your personal information when dealing with other companies;
  3. Keep your personal information as accurate and up-to-date as is necessary for the Purpose as identified above;
  4. Honour any request you may make for access to your personal information; and
  5. Keep your personal information only as long as necessary for the identified Purpose.


4. Amendments  
ZILCH reserves the right, at any time, to modify, alter, or update the Privacy Policy by posting the amended Privacy Policy on the Site. ZILCH will not seek your express consent for continued retention, use or disclosure of the information collected before such amendments.  

5. Contact Information
If you have any questions or concerns about this Privacy Policy, please contact: privacyofficer@zilch-inc.com or 519-657-7638.

 
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