Terms of Service
WEBSITE LEGAL TERMS AND CONDITIONS
- Introduction
- (a) These terms of use explain how you may use this website (“Site”). References in these terms to the Site includes the following website http://35.183.198.106/and all associated web pages. You should read these terms and conditions carefully before using the Site. By accessing or using this Site or otherwise indicating your consent, you agree to be bound by these terms and conditions and the documents referred to in them. If you do not agree with or accept any of these terms, you should cease using the Site immediately. If you have any questions about this website, please contact [email protected].
- (b) Definitions “Content” means any text, images, video, audio or other multimedia content, software or other information or material submitted to, subsisting on or accessible from the Site;
“We”, “Us” or “Our” means Defense in Depth whose registered office is in Ontario, Canada.
“You” or “Your” means the person accessing or using the Site or its Content. - (c) Privacy Statement and Additional Terms. These terms include our Privacy Statement which shall be subject to these terms in the event of any conflict or inconsistency. These terms may also be supplemented or replaced by additional terms (“Additional Terms”) relating to specific Content, goods or services made available or supplied by us using the Site. Additional Terms will be made available on relevant pages of the Site and will be accessible by you for your acceptance before you place an order. Additional Terms shall prevail to the extent that there is any conflict or inconsistency with any other of these terms.
- (d) This Site is intended for and directed to residents of Canada over the age of 18 years.
- (e) Accessibility. We seek to make this Site as accessible as possible. If you have any problems accessing this Site or the content contained on it, please contact us at [email protected].
- Restrictions On Use
- (a) The Site is for your personal use only. As a condition of your use of the Site, you agree:
- (i) not to use the Site for any purpose that is unlawful under applicable law, or prohibited by these terms and conditions;
- (ii) not to defame or disparage anybody or make comments of an obscene, derogatory or offensive manner or otherwise use the Site or its Content in a way that brings us or any third party into disrepute or causes us to be liable to any third party;
- (iii) not to reverse engineer, decompile, copy, modify, distribute, transmit, license, sublicense, display, revise, perform, transfer, sell or otherwise make available to any third party or otherwise publish, deep-link, create derivative works from or exploit in any way the Site or its Content except as permitted by us under these terms or as expressly provided under applicable law and/or under any Additional Terms;
- (iv) not to use the Site to distribute viruses or malware or other similar harmful software code;
- (v) not to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing;
- (vi) that you are solely responsible for all costs and expenses you may incur in relation to your use of the Site and shall be solely responsible for keeping your password and other account details confidentialand immediately notify usat [email protected] any unauthorized use of your password or account details; and
- (vii) to log out of your account at the end of each session.
- (b) We reserve the right to prevent or suspend your access to the Site if you do not comply with any part of these terms and conditions or any applicable law.
- (a) The Site is for your personal use only. As a condition of your use of the Site, you agree:
- Ownership, Use and Intellectual Property Rights
- (a) This Site and all intellectual property rights in the Site (including without limitation any Content) are owned by us and/or our licensors. We and our licensors reserve all our intellectual property rights (which include without limitation all copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world.
- (b) Nothing in these terms and conditions grants you any rights in the Site other than as necessary to enable you to access the Site. You agree not to adjust to try to circumvent or delete any intellectual property notices contained on the Site and in particular in any digital rights or other security technology embedded or contained within any Site Content.
- (c) Trademarks.The use or misuse of any trademarks or any other Content on the Site except as provided in these terms and conditions is strictly prohibited. Nothing contained on the Site shall be construed as granting, by implication, estoppel or otherwise, any licence or right to use any trademark without our prior written permission.
- Software
- (a) Where any software is made available for downloading from the Site, this is our copyrighted work and/or that of our licensors. You may only use such software in accordance with the terms of the end user licence agreement, if any, which accompanies the software and, subject thereto, in accordance with these terms. All such software is made available for downloading. Any reproduction or redistribution of software not in accordance with the end user licence agreement and/or these terms is expressly prohibited, and may result in severe civil and criminal penalties. Our software is warranted only to the extent expressly required by Canadian law or according to the terms of the end user licence agreement. We hereby disclaim all other warranties, conditions and other terms (whether express or implied) with regard to the software, including all implied warranties and conditions of satisfactory quality, freedom from defects and fitness for a particular purpose. In no event shall our aggregate liability in respect of any such software exceed the limitations of liability in the applicable end user licence agreement, or in all other cases the amount you paid us for the relevant software.
- Submitting Information to the Site
- (a) You should not submit or send to us any patentable ideas or patent applications, advertising or marketing suggestions,or prototypes (collectively referred to as “Unwanted Submissions”). While we value your feedback, you agree not to submit any Unwanted Submissions. Any submission (including any Unwanted Submission) made to us is deemed to be our property. We shall not be subject to any obligation of confidentiality nor be liable for any use and/or disclosure of such submissions.
- (b) Where our Site enables you to communicate with us and/or other users of the Site, you may not use the Site to transmit harmful or offensive (e.g., violent, obscene, discriminatory, defamatory or otherwise illegal) communications or material which might otherwise bring us or the Site into disrepute. Although we reserve the right to monitor, edit, review or remove discussions, chats, postings, transmissions, bulletin boards and similar communications on the Site from time to time, we are under no obligation to do so and assume no responsibility or liability arising from any Content posted on the Site nor for any error, omission, infringement, defamatory statement, obscenity or inaccuracy contained in any such information. Our right to use submissions or other material provided by you is non-exclusive, freely transferable and worldwideso you shall be entitled to use your own material yourself subject to applicable law.
- (c) You represent and warrant that any Contentyou supply to us is and shall be your own original work and has been lawfully provided to us and that you have all necessary consents to provide this to us. You agree that you waive all moral rights you may have in any such Content but that any personal data you supply with your Content may, if we choose to do so, be used by us as described in our Privacy Statement.
- Accuracy of Information and Availability of the Site
- (a) While we use reasonable efforts to include accurate and up-to-date information on the Site, we do not represent, warrant or promise (whether expressly or by implication) that any Content is or remains available, accurate, complete and up to date, free from bugs, errors or omissions or fit or suitable for any purpose. Any reliance you may place on the information on this Site is at your own risk and we may suspend or terminate operation of the Site at any time at our sole discretion. Nothing in these terms and conditions shall operate to prejudice any mandatory statutory requirement or your statutory rights. Content on the Site is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites, which may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purpose.
- (b) While we make commercially reasonable efforts to ensure that the Site is available, we do not represent, warrant or guarantee in any way the Site’s continued availability at all times or uninterrupted use by you of the Site.
- Hyperlinks and Third Party Sites
- (a) The Site may contain hyperlinks or references to third-party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third-party websites and accept no responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third-party website does not constitute an endorsement of such third party’s website, products or services. Your use of a third-party site may be governed by the terms and conditions of that third-party site.
- Warranties and Limitation of Liability
- (a) You agree that your use of the Site is on an “as available” basis. As stated above, except as otherwise expressly required by applicable law, we make no representations, warranties, conditions or other terms (whether express or implied) in relation to the provision of the Site, including without limitation as to completeness, accuracy and currency or any Content on the Site, or as to satisfactory quality or fitness for a particular purpose.
- (b) To the maximum extent permitted by applicable law, we exclude all liability (whether arising in contract, tort, breach of statutory duty or otherwise) which we may otherwise have to you as a result of any error or inaccuracies in any Content, the unavailability of the Site for any reason, and any representation or statement made on the Site.
- (c) We will not be liable for any loss or damage we cause which we could not reasonably anticipate when you started using the Site, for example if you lose revenue, salary, profits or reputation as a result of your use of the Site and/or the acts or omissions of any third party such as other users of the Site or any other indirect or consequential loss or damage you may incur in relation to the Site and its Content.
- (d) Under no circumstances shall our aggregate liability to you for any and all claims arising from your use of the Site (including the downloading or use of any Content) exceed, to the extent permitted by law the amounts paid by you to us in relation to your use of the Site or its Content.
- (e) Notwithstanding any other provision of these terms and conditions, we do not exclude or limit our liability for death or personal injury arising from our negligence, for any fraudulent misrepresentation made by us on the Site or for any other statutory rights which are not capable of being excluded.
- (f) Any exclusions and limitations of liability in these terms shall be subject to the Additional Terms in respect of matters covered by those Additional Terms and as otherwise required by law.
- General
- (a) These terms are dated August 1, 2023. No changes to these terms are valid or have any effect unless agreed by us in writing. We reserve the right to vary these terms and conditions from time to time. Our new terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these terms and conditions from time to time to verify such variations.
- (b) Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact email address [email protected] all notices from us to you will be displayed on our website from to time.
- (c) We shall have no liability to you for any breach of these terms caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
- (d) If any part of these terms and conditions is unenforceable (including any provision in which we exclude or limit our liability to you) the enforceability of any other part of these terms and conditions will not be affected. If we choose not to enforce any right that we have against you at any time, then this does not prevent us from later deciding to exercise or enforce that right.
- (e) These terms and conditions (together with the Privacy Statement and any applicable Additional Terms or other terms expressly referred to in these terms and incorporated by referencecontain the entire understanding and agreement between us and you in relation to your use of the Site and supersede and replace any representation, statement or other communication whether written or otherwise made by you or us which is not contained herein. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
- (f) You may not assign, sublicense or otherwise transfer any of your rights and obligations in these terms to any other person.
- (g) These terms and conditions shall be construed in accordance with and governed by the laws in effect within the Province of Ontario.
- (h) The parties acknowledge that they have required that these terms and conditions and all related documents be prepared in English. Les parties reconnaissentavoirexigé que la présente convention et tous les documents connexessoientrédigésenanglais.
Detailed Privacy Policy
- About Us.This website http://35.183.198.106/ is operated by Defense in Depth. We are located in Ontario, Canada.
We have appointed a Chief Privacy Officer who is accountable for our personal information handling practices. If you have a question or complaint about our personal information handling practices, please contact usat [email protected].
In this Privacy Policy, the terms “we”, “our” and “us” mean Defense in Depth. - Effective Date and Scope.This Privacy Policy is effective as of April ____, 2023.
This Privacy Policy governs our practices with respect to personal information we collect through the following websites and online applications:[email protected]. - What Personal Information Do We Collect?Personal information is information that identifies you or could be combined by us or our service providers and affiliates with other information to identify you. This information includes your personal e-mail address, your home address, your home telephone number, your personal cellphone number, your image, and may include your age, your income and other similar information when associated with you. Personal information may also be information containing details as to whether you have opened our promotional e-mails or how you have used our website, if we can associate that personal information with you. If you are a business customer or prospective business customer, personal information does not include your title, business address and business telephone number when we use that information to contact you in your business capacity.
We collect personal information from you when you create an account, make a purchase, enter a contest or promotion, communicate with us using our web forms to make a request or ask a question, submit a product review, take a survey or otherwise submit personal information to us with your communication. For example, we will request credit card and other identifying information to process a credit card transaction when you purchase a product through our website. We will also ask you for contact information in order to ship your product to you or the recipient that you designate.
We receive personal information about you from other sources. For example, we will receive information from credit card processors regarding whether the credit card details you gave us have been accepted or declined. We may also acquire information about you from other promotional or marketing companies with whom you shared your information and whom you have allowed to provide information to us. - How Do We Use Your Personal Information?We use your information to provide products and services and to manage our business operations. Some examples include:
- (a) to register your account;
- (b) to authenticate you when you log into your account;
- (c) to fulfill your requests for products and services;
- (d) to communicate with you about your requests;
- (e) to administer contests and promotions that you participate in;
- (f) to recommend or to offer you other products and services based on your inferred interests;
- (g) to post your product reviews;
- (h) to communicate with you regarding customer service issues and any product recalls or warranty service; and
- (i) to protect the security or integrity of our websites and our business.
We retain your information for as long as necessary to fulfill the purposes for which we collected the information or as required by law. We maintain a records retention and destruction program to destroy information when it is no longer needed or required.
- Personalized Experience and Web Analytics. We also automatically collect information when you visit our website in order to customize your experience. For example, we collect information about what site referred you to our website, your browser type, operating system type and version, language, and your Internet Protocol (“IP”) address. We also collect information about how you browse through our website, including logging the pages you visit and the amount of time you spend on certain pages. We use this information for a number of technical purposes to ensure that our pages load correctly in your browser, as well as to personalize our offers to you. We also use this information to improve our website. For example:
- (a) we use IP addresses to correct pages for your geographical location;
- (b) we log the frequency of visits to certain pages on our website and how visitors navigate through our website in order to detect problems, improve our website and learn about what products and services are of interest to our customers;
- (c) we use information about products that you have clicked on to make suggestions about other products or services that you might be interested in viewing; and
- (d) we track whether certain types of promotional e-mails were opened by you and whether you sought information about a particular product or service in order to make inferences about other products and services you might be interested in.
In addition, if you create an account, we will use your purchase history with us to show you inventory based on your purchasing characteristics. This means that you may not see offers and inventory that other visitors to our site will see.
- Regarding Children and Minors Our website and the services offered on our website are not directed to children under the age of 13 years. We will not knowingly collect personal information about a child under the age of 13.
We do not allow minors (persons who are under the age of majority in their place of residence) to create accounts, make purchases or enter contests or promotions. - Do We Disclose Your Personal Information to Others? We may share your personal information with our service providers and our corporate affiliates that help us with our business operations. We share information with service providers or our affiliates who provide us with marketing and promotional services. We require our service providers and our affiliates to keep your personal information secure. In addition, our service providers may not use or disclose personal information for any purpose other than providing the services on our behalf unless we or they have obtained your consent.
We may transfer any information we have about you in connection with a merger or sale (including transfers made as part of insolvency or bankruptcy proceedings) involving all or part of our business or as part of a corporate reorganization or stock sale or other change in corporate control.
We may also disclose your personal information if it is necessary for us to collect a debt from you or where we have reason to believe that it is relevant to the investigation or decision to investigate a breach of the laws of Canada, a province or territory of Canada, or a foreign jurisdiction, and we are legally permitted to do so. - Law Enforcement Requests. We will disclose personal information without your knowledge or consent if we receive an order, subpoena, warrant or other legal requirement issued by a court, tribunal, regulator or other person with jurisdiction to compel disclosure of your personal information. If we receive a request from a police officer or other law enforcement agency for access to your personal information in the course of an actual or potential investigation, our policy is to require the police officer or law enforcement agency to obtain an order, subpoena or warrant, unless the information is urgently required to prevent serious bodily injury or serious damage to personal property.
- Storage Outside of Canada. Your personal information may be used or stored by us or our service providers and our corporate affiliates outside of Canada. We require that our service providers and our corporate affiliates safeguard your personal information. However, if your personal information is used or stored outside of Canada, it will also be subject to the laws of the country in which it is used or stored.
- Preference Centre. If you register for an account, you will have the option to choose what marketing and promotional e-mails and communications you receive from us. You can also store information such as your home and shipping address and credit card information in order to make future purchases faster. You will also be able to review your order history.
You can modify your information by logging into your account and making the requested changes. You cannot modify a product review once it has been submitted. However, you can delete your product review.
You may also choose “close my account” and we will remove your account information from active use. Any product reviews will be listed as from a “former user”.
If you do not re-activate your account within 6 months, we will permanently delete your account. You may also contact us by one of the means set out in “Contact Us” to make a deletion request. Please note that we still maintain information that you provided to us for audit purposes or to comply with our legal obligations. We may also de-identify your information in order to continue to use it for research and analytics purposes to understand our business, to make product improvements and to make available to third parties. We prohibit our employees and third parties from attempting to re-identify information that we have de-identified. - How Do You Access and Modify Your Personal Information or Make a Complaint? If you have an account, log in to access and to modify the personal information stored with your account. If you have questions or concerns about other personal information collected by us and would like assistance accessing that information, please contact our Chief Privacy Officer at [email protected].
- How Do We Protect Your Personal Information? We take administrative, technical and physical measures to safeguard your personal information against unauthorized access, unauthorized disclosure, theft and misuse. This includes limiting access of employees to, and the use of, your personal information through the use of passwords and graduated levels of clearance. We do not publish all of our security measures online because this may reduce their effectiveness. We take physical precautions to ensure that the computer servers on which your personal information is stored and archived are secure and that access to such servers is protected. We educate our employees with respect to their obligations to protect your personal information.
Although we take precautions against possible breaches of our security systems, no company can fully eliminate the risks of unauthorized access to your personal information and no website is completely secure. We cannot guarantee that unauthorized access, hacking, data loss or breaches of our security systems will never occur. Accordingly, you should not transmit personal information to us using our website if you consider that information to be sensitive. - Links to Third-Party Websites and Social Network Plug-Ins. You may be able to access third-party websites through links available on our websites. You may also connect to social networks such as YouTube and LinkedIn. These links are provided for your convenience. We do not have any control over those third-party websites and we do not provide any guarantee that the privacy practices of the hosts of those websites meet our standards. Your use of such third-party websites is at your own risk and will be governed by the privacy policies of those websites and not by this Privacy Policy. Do not transmit personal information using those websites without reading the privacy policies governing those websites.
You may create links between our website and social networking sites. If you do so, we may be able to publish updates about our products and services to your social network account through the links that you establish. You may terminate those links at any time by modifying your social network account.
If you are logged into a social networking site when visiting our page, your visit to our website will be personalized based on your social networking profile.
You may change the way social networking sites and our sites interact by modifying your privacy settings in your social networking account. You can also log-out of your social networking account before visiting our website. For more information, please refer to your social networking site’s privacy policy, which governs your use of these social plug-in features. - Notice to Persons Outside of Canada. This Privacy Policy is governed by the laws of Canada and applicable provincial laws. By submitting personal information to us, you understand that your personal information will be subject to the laws of Canada and applicable provincial laws.