Terms & conditions

The Terms & conditions were last updated on March 14, 2021

1. Introduction

These Terms and conditions apply to this website and to the transactions related to our products and services. You may be bound by additional contracts related to your relationship with us or any products or services that you receive from us. If any provisions of the additional contracts conflict with any provisions of these Terms, the provisions of these additional contracts will control and prevail.

2. Binding

By registering with, accessing, or otherwise using this website, you hereby agree to be bound by these Terms and conditions set forth below. The mere use of this website implies the knowledge and acceptance of these Terms and conditions. In some particular cases, we can also ask you to explicitly agree.

3. Electronic communication

By using this website or communicating with us by electronic means, you agree and acknowledge that we may communicate with you electronically on our website or by sending an email to you, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement, including but not limited to the requirement that such communications should be in writing.

4. Intellectual property

We or our licensors own and control all of the copyright and other intellectual property rights in the website and the data, information, and other resources displayed by or accessible within the website.

4.1 All the rights are reserved

Unless specific content dictates otherwise, you are not granted a license or any other right under Copyright, Trademark, Patent, or other Intellectual Property Rights. This means that you will not use, copy, reproduce, perform, display, distribute, embed into any electronic medium, alter, reverse engineer, decompile, transfer, download, transmit, monetize, sell, market, or commercialize any resources on this website in any form, without our prior written permission, except and only insofar as otherwise stipulated in regulations of mandatory law (such as the right to quote).

5. Newsletter

Notwithstanding the foregoing, you may forward our newsletter in the electronic form to others who may be interested in visiting our website.

6. Third-party property

Our website may include hyperlinks or other references to other party’s websites. We do not monitor or review the content of other party’s websites which are linked to from this website. Products or services offered by other websites shall be subject to the applicable Terms and Conditions of those third parties. Opinions expressed or material appearing on those websites are not necessarily shared or endorsed by us.

We will not be responsible for any privacy practices or content of these sites. You bear all risks associated with the use of these websites and any related third-party services. We will not accept any responsibility for any loss or damage in whatever manner, however caused, resulting from your disclosure to third parties of personal information.

7. Responsible use

By visiting our website, you agree to use it only for the purposes intended and as permitted by these Terms, any additional contracts with us, and applicable laws, regulations, and generally accepted online practices and industry guidelines. You must not use our website or services to use, publish or distribute any material which consists of (or is linked to) malicious computer software; use data collected from our website for any direct marketing activity, or conduct any systematic or automated data collection activities on or in relation to our website.

Engaging in any activity that causes, or may cause, damage to the website or that interferes with the performance, availability, or accessibility of the website is strictly prohibited.

8. Registration

You may register for an account with our website. During this process, you may be required to choose a password. You are responsible for maintaining the confidentiality of passwords and account information and agree not to share your passwords, account information, or secured access to our website or services with any other person. You must not allow any other person to use your account to access the website because you are responsible for all activities that occur through the use of your passwords or accounts. You must notify us immediately if you become aware of any disclosure of your password.

After account termination, you will not attempt to register a new account without our permission.

9. Content posted by you

We may provide various open communication tools on our website, such as blog comments, blog posts, forums, message boards, ratings and reviews, and various social media services. It might not be feasible for us to screen or monitor all content that you or others may share or submit on or through our website. However, we reserve the right to review the content and to monitor all use of and activity on our website, and remove or reject any content in our sole discretion. By posting information or otherwise using any open communication tools as mentioned, you agree that your content will comply with these Terms and Conditions and must not be illegal or unlawful or infringe any person’s legal rights.

10. Idea submission

Do not submit any ideas, inventions, works of authorship, or other information that can be considered your own intellectual property that you would like to present to us unless we have first signed an agreement regarding the intellectual property or a non-disclosure agreement. If you disclose it to us absent such written agreement, you grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.

11. Termination of use

We may, in our sole discretion, at any time modify or discontinue access to, temporarily or permanently, the website or any Service thereon. You agree that we will not be liable to you or any third party for any such modification, suspension or discontinuance of your access to, or use of, the website or any content that you may have shared on the website. You will not be entitled to any compensation or other payment, even if certain features, settings, and/or any Content you have contributed or have come to rely on, are permanently lost. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

12. Warranties and liability

Nothing in this section will limit or exclude any warranty implied by law that it would be unlawful to limit or to exclude. This website and all content on the website are provided on an “as is” and “as available” basis and may include inaccuracies or typographical errors. We expressly disclaim all warranties of any kind, whether express or implied, as to the availability, accuracy, or completeness of the Content. We make no warranty that:

  • this website or our content will meet your requirements;
  • this website will be available on an uninterrupted, timely, secure, or error-free basis.

Nothing on this website constitutes or is meant to constitute, legal, financial or medical advice of any kind. If you require advice you should consult an appropriate professional.

The following provisions of this section will apply to the maximum extent permitted by applicable law and will not limit or exclude our liability in respect of any matter which it would be unlawful or illegal for us to limit or to exclude our liability. In no event will we be liable for any direct or indirect damages (including any damages for loss of profits or revenue, loss or corruption of data, software or database, or loss of or harm to property or data) incurred by you or any third party, arising from your access to, or use of, our website.

Except to the extent any additional contract expressly states otherwise, our maximum liability to you for all damages arising out of or related to the website or any products and services marketed or sold through the website, regardless of the form of legal action that imposes liability (whether in contract, equity, negligence, intended conduct, tort or otherwise) will be limited to 100. Such limit will apply in the aggregate to all of your claims, actions and causes of action of every kind and nature.

13. Privacy

To access our website and/or services, you may be required to provide certain information about yourself as part of the registration process. You agree that any information you provide will always be accurate, correct, and up to date.

We have developed a policy to address any privacy concerns you may have. For more information, please see our Privacy Statement and our Cookie Policy.

14. Export restrictions / Legal compliance

Access to the website from territories or countries where the Content or purchase of the products or Services sold on the website is illegal is prohibited. You may not use this website in violation of export laws and regulations of Canada.

15. Assignment

You may not assign, transfer or sub-contract any of your rights and/or obligations under these Terms and conditions, in whole or in part, to any third party without our prior written consent. Any purported assignment in violation of this Section will be null and void.

16. Breaches of these Terms and conditions

Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, we may take such action as we deem appropriate to deal with the breach, including temporarily or permanently suspending your access to the website, contacting your internet service provider to request that they block your access to the website, and/or commence legal action against you.

17. Force majeure

Except for obligations to pay money hereunder, no delay, failure or omission by either party to carry out or observe any of its obligations hereunder will be deemed to be a breach of these Terms and conditions if and for as long as such delay, failure or omission arises from any cause beyond the reasonable control of that party.

18. Indemnification

You agree to indemnify, defend and hold us harmless, from and against any and all claims, liabilities, damages, losses and expenses, relating to your violation of these Terms and conditions, and applicable laws, including intellectual property rights and privacy rights. You will promptly reimburse us for our damages, losses, costs and expenses relating to or arising out of such claims.

19. Waiver

Failure to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision.

20. Language

These Terms and Conditions will be interpreted and construed exclusively in English. All notices and correspondence will be written exclusively in that language.

21. Entire agreement

These Terms and Conditions, together with our privacy statement and cookie policy, constitute the entire agreement between you and Manzimvula Ventures Inc in relation to your use of this website.

22. Updating of these Terms and conditions

We may update these Terms and Conditions from time to time. It is your obligation to periodically check these Terms and Conditions for changes or updates. The date provided at the beginning of these Terms and Conditions is the latest revision date. Changes to these Terms and Conditions will become effective upon such changes being posted to this website. Your continued use of this website following the posting of changes or updates will be considered notice of your acceptance to abide by and be bound by these Terms and Conditions.

23. Choice of Law and Jurisdiction

These Terms and Conditions shall be governed by the laws of Canada. Any disputes relating to these Terms and Conditions shall be subject to the jurisdiction of the courts of Canada. If any part or provision of these Terms and Conditions is found by a court or other authority to be invalid and/or unenforceable under applicable law, such part or provision will be modified, deleted and/or enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions. The other provisions will not be affected.

24. Contact information

This website is owned and operated by Manzimvula Ventures Inc.

You may contact us regarding these Terms and Conditions through our contact page.

25. Download

You can also download our Terms and Conditions as a PDF.

Terms of Use

This website (this “Website”) is owned and operated by Manzimvula Ventures Inc. (“Manzimvula”).  Access to and use of this Website is provided subject to these terms and conditions.  Your use of any portion of this Website constitutes your agreement to the terms and conditions set out below.  Please read this page carefully.  If you do not agree to these terms and conditions please do not use this site.

Notice of disclaimer

The content and links on this Website are provided to inform the public about the activities of Manzimvula.  The resources contained on this Website are provided for information only and should not be interpreted as a recommendation for a specific course of action.  Users are cautioned not to act on any information provided without seeking advice specific to their circumstances from a qualified professional.

The content on this website is provided “as is”, “as available” and without warranties or conditions of any kind either express or implied.  To the fullest extent permitted by applicable law, MANZIMVULA expressly disclaimS all warranties and conditions, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose.  MANZIMVULA MAKES no warranties or any other representations regarding the use, accuracy, completeness, timeliness, applicability, performance, security, safety from any software virus or other harmful component, availability or reliability of this website or any sites linked to this site, or the results from the use of this website or any sites linked to by this website, or otherwise respecting, the content on this website or any sites linked to this website.

Description of, or reference to, third party companies, products or publications in this Website is for informational purposes only and does not constitute endorsement or recommendation of that company, product or publication by Manzimvula.

Limitation of liability 

Under no circumstances, including, but not limited to, negligence, shall MANZIMVULA, ITS officers, employees, agents or contractors be liable for any direct, indirect, special, punitive, incidental or consequential damages (including without limitation, for any lost profits, business interruptions, loss of programs or other data, personal injury or wrongful death) arising out of the use of, or the inability to use, this Website and/or the content on this Website or any sites linked to this WEBsite, even if MANZIMVULA was expressly advised of the possibility of such damages.  If visitors are dissatisfied with any information or other materials at this Website, with the operation of this Website or with any of these terms and conditions, the exclusive remedy is to discontinue using this Website.  If MANZIMVULA or any of its third party providers are found liable in connection with a claim arising out of or related to using or accessing this Website, their aggregate liability to you for all damages, losses and causes of action, howsoever arising, shall not exceed the amount paid by you, if any, for accessing this Website. This limitation of liability shall survive the termination of these Terms of Use. 

Restrictions on Use

You agree not to disturb the normal operation of this Website, not to infringe the integrity of this Website by hacking, altering the information contained in this website or otherwise, and not to prevent or limit access to this Website to other users.

Unless otherwise noted, all content on this Website, including but not limited to text, data, images, designs, illustrations, articles, documents, reports and other materials (collectively “Content”), is protected by copyright, and owned or controlled by Manzimvula or a third party provider.  You must access the Content manually by request and not programmably by machine automated means.  You may not use the Content for any unlawful purpose.

You may temporarily download Content for personal transitory viewing, provided that (a) use of the Content is for informational and non-commercial personal use only and no Content may be copied or posted on any network computer, used for public display or broadcast in any media, and (b) no modification of any Content is made.  No licence is given for republication, distribution, performance, display, translation, retransmission, broadcast, sublicense, preparation of derivative works or any use other than noncommercial personal use.  You may not republish, distribute or prepare derivative works from this Website or its Content.  No part of any Content may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than the personal use provided for above.

You may not copy or adapt the HTML that Manzimvula creates to generate its pages.  It is also protected by Manzimvula’s copyright.

Links to other websites 

Manzimvula is not responsible for the content of any third-party website. Any links to such websites are provided for your convenience only and you access any third-party websites at your own risk.  Manzimvula does not endorse, authorize, approve, certify, maintain, or control these other websites and does not guarantee the accuracy, completeness, efficacy or timeliness of the information located at such websites.  These Terms of Use applicable to this Website are wholly unrelated to the terms and conditions that may attach to third party websites, and the users of any such third party website should familiarize themselves with any applicable terms and conditions for use of each accessed link.  Manzimvula is not responsible for the privacy practices of third-party websites. We encourage you to review the privacy policies of any linked websites before you navigate any website or disclose your personal information online.

Links from other websites 

Links to this Website without the express permission of Manzimvula are strictly prohibited.  To request permission to link to this Website, please contact Manzimvula at info@manzimvula.com.  The framing, mirroring, scraping or data mining of this Website or any Content in any form and by any method is strictly prohibited.

Copyright and Trade-mark Notices

The Content on this Website is protected by copyright and other laws.  Copyright © 2009 Manzimvula Ventures Inc. and/or its suppliers.  Manzimvula and Manzimvula Values Based Consulting & Design are trade-marks owned by Manzimvula.  Other trade-marks, trade names, logos and designs referenced or appearing in this Website are proprietary to Manzimvula or other entities.  Any use of the trade names, trade-marks, service marks and logos displayed on this Website is strictly prohibited.  Except as may be expressly herein provided, nothing contained herein shall be construed as conferring any licence or right under copyright, trade-mark or any other intellectual property rights.

Rights Reserved

Any rights not expressly granted herein are reserved.

Modifications of these Terms of Use

Manzimvula reserves the right to change these Terms of Use at any time by revising the terms and conditions herein.  You are responsible for regularly reviewing these terms and conditions.  Continued use of this Website following any such changes will constitute your acceptance of such changes.

Jurisdiction

This agreement is governed by the laws of the Province of British Columbia, Canada.  You consent to the exclusive jurisdiction and venue of courts in British Columbia, Canada in all disputes arising out of or relating to the use of this Website.  Use of this Website is not authorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this paragraph.

Severability 

If any part of these Terms of Use are determined to be invalid or unenforceable pursuant to applicable laws, including but not limited to the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provisions will be deemed superceded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect.

Indemnification

You agree to indemnify, defend and hold harmless Manzimvula, its officers, employees, agents or contractors, harmless from any liability, loss, claim and expense, including reasonable legal fees, related to your violation of these Terms of Use or use of this Website.

Your Submission

Any material, information or idea submitted through or posted on this Website will be considered non-confidential.  Subject to applicable laws relating to protection of personal information and privacy, Manzimvula may share or otherwise use your submission for any purpose whatsoever.  You grant Manzimvula the perpetual, irrevocable and fully sublicensable right and licence to use, reproduce, display, perform, modify, create derivative works from, transmit and distribute for any purpose Manzimvula chooses, commercial, public or otherwise, your submission, without compensation whatsoever.  Without limitation, you grant us a perpetual royalty-free licence to use and display your submission on our Website.  By submitting materials, information and ideas you also represent and warrant that the content of your submission is accurate; you own all rights in your submission and have sufficient rights to grant this licence; and that the use of your submission in accordance with this licence will not cause injury to any person or entity.

Personal Information Protection

Manzimvula collects, uses and discloses your personal information in accordance with the Manzimvula website privacy statement.  By using this Website and your acceptance thereby of these website Terms of Use, you consent to Manzimvula’s collection, use and disclosure of your personal information in accordance with such statement as it then reads without any further notice or liability to you or any other person.

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