Services.

WidenWeb offers solutions (the “Products”), and business accounting software development to small and medium businesses (collectively, the “Service(s)”).

Acceptance.

If you continue to browse and use WidenWeb Products, you hereby acknowledge and agree to be bound by and under these Terms which, together with our Policy, will govern WidenWeb’s relationship with you in relation to the Site, along with any products and services offered thereby.

Updates.

WidenWeb reserves the right to modify, amend, suspend, terminate, upgrade, update or otherwise modify these Terms, the Site, the Products and the Services, at any time and without notice.  Any changes will be displayed in the Site, and we may notify you by email.  Your use of our Services or Products after the effective date of any update– either by an account registration or simple use – thereby indicates your acceptance thereof.

Support Services.

If you have any questions or complaints regarding the Site, the Products or the Services, please contact us as indicated in our contact web page. You can also email us. We will undertake commercially reasonable efforts to respond as quickly as possible. You must provide us full details of your service query so that we can clearly identify your issue of concern.

Payments.

You must provide us valid and current billing information. Except when required by law , all purchases are final and non-cancelable or non-refundable. If we detect any chargeback or if any payment is not received by us for any reason from your card or account, you will promptly pay us any and all amounts due to us upon notice. Any failure or inability by us to process any payment hereunder does not relieve you from your payment obligations. You hereby authorize us the charging of your credit card or payment processing account. In connection thereto, we will submit period charges without further authorization from you, and such authorization shall remain effective until the subscription is cancelled by you. We use worldwide accepted third-party payment processor to bill you through a payment account linked to your account. The processing of payments will be subject to the fees, terms, conditions and privacy policies of such payment processor. WidenWeb is not responsible for any and all errors, fees and currency conversions fees by the payment processor, and you should review its terms and policies from time to time, which will govern the provision of services to you.

Account Registration and Security.

In order to use our Products or Services, you may need to create an account, including all mandatory fields on the registration form. You must provide accurate and complete information. You agree to keep secret the password chosen upon creating your account and not to communicate it to anybody. If you lose or disclose it, you must promptly inform us. You are solely responsible for the activity that occurs on your account and for keeping your password secure and confidential, and must notify us immediately of any breach of security or unauthorized use of your account. You are solely responsible for the activity that occurs in your account. You will be liable for any and all misuse of your account, including the fraudulent use by a third party, or even the disclosure of your password.

Account Suspension, Termination.

WidenWeb encourages you to report violations of our Terms. Users undertaking conducts that may constitute a factual –or even alleged– breach of these Terms, including but not limiting, using automated mechanisms to make fraudulent communications, may become subject to immediate account suspension / termination, at our sole and final discretion, without notice and without responsibility. We reserve the right, at our sole and final discretion, to deactivate, freeze, suspend or terminate any account upon any factual or alleged breach of these Terms. You must notify us immediately of any change in your eligibility to use WidenWeb, or if you suspect a breach of security or unauthorized use of your account. You acknowledge and agree that we may report any activity that we believe may violate any law to law enforcement, regulators or other relevant third parties, and that any violation of the aforementioned provisions may result in the immediate termination of your access to the Products or our Services.

Service Eligibility.

WidenWeb encourages parents, legal guardians and responsible adults to be actively involved in the safe use of the Internet by children and minors. WidenWeb does not knowingly provide its Products or Services to persons under the age of eighteen (18). If you are under such age, you may only use them under the direct supervision of your parent or legal guardian. WidenWeb does not knowingly collect any kind of information from any person under the age of eighteen (18), and will delete any related information thereto.

Prohibited Activities.

As our user, you agree to not undertake, motivate, or facilitate the use or access of the Site, the Products or the Services in order to:

1. Infringe these Terms, or allow, encourage or facilitate others to do so.
2. Plagiarize and/or infringe the intellectual property rights or privacy rights of any third party, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.
3. Distribute, post or otherwise make available any content that: (i) infringes or endangers the intellectual property rights of any person (e.g. trademark, moral rights, trade secret, copyright, ancillary rights or other); (ii) enables any act that could promote or cause discrimination, racism, harm, libel, hatred or violence against any individual or group; (iii) endangers children and underage persons; (iv) is or allows illegal or fraudulent activities to take place; (v) is or may constitute a criminal or capital offense or otherwise infringes any applicable law; and/or (vi) is or can be considered to be obscene, sexually explicit material, pornographic, threatening/defamatory, plagiarized, firearms, tobacco, alcohol, marijuana, gambling, binary options, Forex, pornographic or analogous material.
Collect, receive, transfer or disseminate any personally identifiable information of any person without due consent from the title holder.
4. Use any automated or manual process to obtain, copy, process, access and/or use our Site, Products or Services or any part therefrom to capture unauthorized data or content, for any purpose.
5. Enable, undertake, program or execute any type of system, computer program or technique in order to data-mine, retrieve, scrape, index or otherwise extract unauthorized information from WidenWeb or any portion or data feeds therefrom. For purposes of clarification, such actions will include the use of persons, site search/retrieval applications, software ‘robots’ and ‘spiders’ and any analogous data gathering and extraction tools, regardless of the type and amount of information intended for extraction.
6. Use the Site, Products or Services to disseminate any type of computer viruses, worms, defects, trojan horses or other items of a destructive nature.
7. Undertake any action that will or may cause an unreasonable load on WidenWeb’s and/or its partners’ and affiliates’ technology or infrastructure, or otherwise make excessive traffic demands from WidenWeb.
8. Intercept or monitor activity via our Site, Products or Services without our express authorization.
9. Otherwise reverse engineer, decompile or extract the proprietary code of the Site, Products or Services.

Ownership.

The trademarks, copyright, service marks, trade names and other intellectual property rights and proprietary notices displayed on the Site, the Products or the Services are the property of –or otherwise are licensed to– WidenWeb or its licensors or affiliates, whether acknowledged (or not), and which are protected under intellectual and proprietary rights in Canada and other jurisdictions throughout the world. Respective title holders may or may not be affiliated with us or our affiliates, partners and advertisers. No section hereof shall be construed as intent to grant to you any right transfer or interest in WidenWeb, the Site, the Products or the Services, in whole or in part.

For ease of understanding, ‘intellectual property rights’ shall mean any and all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of Canada and other applicable jurisdictions.

You acknowledge and agree that any and all infringing use or exploitation of copyrighted content in the Site, the Products or the Services may cause us, our affiliates, licensors or content providers irreparable injury, which may not be remedied solely at law, and therefore our affiliates, licensors or content providers may seek remedy for breach of these Terms, either in equity or through injunctive or other equitable relief.

Licenses for WidenWeb.

Limited License. WidenWeb grants you a limited, non-exclusive, revocable and non-transferable license to utilize and access any purchased Products or Services. You are prohibited from duplicating, re-engineering, reverse engineering, modifying or otherwise using our Products or Services, in whole or in part. WidenWeb does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information; and you shall have no right, either directly or indirectly, to own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, modify, adapt, improve or create any new or derivative works from, or display, distribute, perform or in any way exploit any downloaded software and computer applications, in whole or in part.

Feedback License. You hereby grant to WidenWeb, an unlimited, non-exclusive, assignable, transferable, sublicensable, irrevocable, royalty free, perpetual and for all the countries and territories in the world, right and license to use, exploit any feedback, suggestion, enhancement, request, recommendation, correction or comment provided by you to us.

Representations and Warranties.

You hereby represent, warrant and covenant that: (i) your use of our Site, Products and Services, and all your uploaded and used data shall be at all times compliant with these Terms and all local, state, federal and international laws and regulations applicable to you and your organization; and (ii) you have obtained all necessary rights, releases and permissions to provide any data to WidenWeb and its affiliates, licensors and agents and to grant the rights granted to WidenWeb in these Terms, including without limitation any intellectual property rights, rights of privacy, or rights of publicity, and any use, collection and disclosure authorized herein is not inconsistent with the terms of any applicable privacy policies.

Term, Termination.

The term hereof shall begin on the date that comes first among: (i) first access to the Site; (ii) your first access or execution of any Products or Services; or (iii) WidenWeb begins providing its Services to you. The term hereof will automatically end on the earlier date of either your: (i) account deactivation, suspension, freezing or deletion of any Products or Services; (ii) access termination or access revocation for our Services, Products; (iii) WidenWeb’s termination of these Terms, at its sole and final discretion; (iv) the termination date indicated by WidenWeb to you from time to time; or (v) WidenWeb’s decision to make the Site, the Products or the Services no longer available for use, at its sole and final discretion.

Termination by you Without Cause.

You may terminate your subscription at any time by contacting WidenWeb in by email 30 days prior to the date of termination.

Termination for cause by WidenWeb.

These Terms, along with any and all licenses granted hereof may or will automatically terminate if you breach any of the terms and conditions contained herein. Upon termination for breach, your rights to use our Site, Products or Services and any information provided or generated thereby shall cease and you shall not be entitled to any compensation, credit, remedy or refund of any nature.

Third Party Links.

The Site, the Products and the Services may contain hyperlinks to other websites. These links are for your personal convenience and to provide you with further information which may be of interest to you. The provision of such links does not imply any endorsement of such third party websites, products or services.

From time to time, we may place ads and promotions from third party sources in the Site, the Products and/or the Services. Accordingly, your participation or undertakings in promotions of third parties other than WidenWeb, and any terms, conditions, warranties or representations associated with such undertakings, are solely between you and such third party. WidenWeb is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third party advertisers.

User Privacy.

By disclosing any data and personally identifying information to us, you agree to our Policy, including the collection, process, and storage of such personally identifiable information. For more information, please read our Policy.

No Warranty

Neither WidenWeb, nor its affiliates, subsidiaries, officers, employees and agents warrantee that the Site, the Products or the Services will be error-free, uninterrupted, secure, or produce any particular results. No advice or information given by WidenWeb or its employees, affiliates, contractors and/or agents shall create a guarantee. The Site, the Products and the Services have not been completely tested in all situations or devices, and they may or will contain operational malfunctions, errors, viruses, bugs, worms, trojan horses, bots and other harmful and destructive components or defects. To the fullest extent permissible under applicable law, the Site, the Products and the Services are provided to you “as is”, with “all faults” and “as available”, without warranty of any kind, without performance assurances or guarantees of any kind, and your use is at your sole risk. No oral or written advice provided by WidenWeb, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized representative, shall create any implied warranty, nor will they be responsible for any actions or omissions of yours regarding the use of the Products and Services, such as incorrect input, format or backup of data and metadata, lost data or corrupted data. The entire risk of satisfactory quality and performance resides with you. WidenWeb, and its affiliates, clients, agents, officers, licensors and/or distributors, do not make, and hereby disclaim, any and all express, implied or statutory warranties, either by statute, common law, custom, usage of trade, course of dealing or otherwise, however arising, including implied warranties of description, quality, fitness for a particular purpose, operation, integration, adequacy, suitability, title, non-infringement, non-interference with use and/or enjoyment.

Disclaimer of Damages

In no event shall WidenWeb, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized third party, be held liable for any special, indirect, incidental or consequential damages, including losses, costs or expenses of any kind resulting from possession, access, use or malfunction of the Site, the Products or the Services, including but not limited to, loss of revenue, profits, business, loss of use or lack of availability of computer resources; whatsoever arising out of or related thereto, whether arising in tort (including negligence), contract, strict liability or other legal or equitable theory and whether or not WidenWeb, its affiliates, clients, licensors and/or distributors have been advised of the possibility of such damages.

Limitation of Liability

In no event shall WidenWeb’s, or its affiliates’, clients’, licensors’ and/or distributors’ liability for all damages (except as required by applicable law) exceed the amount of CAD$60.00 (Sixty Canadian Dollars); and henceforth any award for direct, provable damages shall not to exceed such total amount. These Terms provide you specific legal rights, and you may have other rights that may vary from jurisdiction to jurisdiction. Legislation of some states/countries does not allow certain limitations of liability, and henceforth this limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. For purposes of this limitation of liability, WidenWeb’s affiliates, licensors and distributors are third party beneficiaries to the limitations of liability specified herein and they may enforce these Terms against you.

Indemnification

You hereby agree and acknowledge to indemnify, hold harmless, and defend WidenWeb, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized representatives, and the officers, directors and employees of each (jointly, the “WidenWeb’s Indemnitees”) from and against any and all third party liabilities, claims, causes of action, suits, losses, damages, fines, judgments, settlements and expenses (including any and all reasonable outside attorneys’ fees and court costs) which may be suffered, made or incurred by any of such WidenWeb’s Indemnitees arising out of or relating to: (i) any breach of any warranties, representations and/or covenants made by you hereunder (to the extent not arising substantially from any breach hereof by WidenWeb); and/or (ii) any third party claim arising out of or in relation to the Site, the Products or the Services or use thereof in combination with your business platform, including without limitation, any claim that the Site, the Products or the Services violate, infringe, or misappropriate any proprietary or intellectual property right of any third party, including without limitation, any privacy right of any person.

Events outside of WidenWeb’s Control.

In no event shall WidenWeb be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, force majeure, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that WidenWeb shall use reasonable commercial efforts which are consistent with accepted practices in the industry to resume performance as soon as practicable under the circumstances.

Governing Language.

From time to time, our Terms may be translated into other languages for your convenience. The English language version of each of these documents shall be the version that prevails and governs your use of our Products, Site or Services. Upon the case of any conflict between the English language version and any translated version, the English language version will prevail.

General Conditions

Assignment. These Terms will inure to the benefit of any successors of the parties. Content Moderation. WidenWeb hereby reserves the right, at its sole and final discretion, to review any and all content delivered to WidenWeb, and use moderators and/or any monitoring technology to flag and remove any user generated content or other content deemed inappropriate. Entire Agreement. These Terms set forth the entire agreement between the parties hereof and may not be altered or amended except in writing signed by each both parties. Equitable remedies: You hereby acknowledge and agree that if these Terms are not specifically enforced, WidenWeb will be irreparably damaged, and therefore you agree that WidenWeb shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of any of these Terms, in addition to any other available remedies. No Waiver. Failure by WidenWeb to enforce any rights hereunder shall not be construed as a waiver of any rights with respect to the subject matter hereof. No Relationship. You and WidenWeb are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms. Notices. All notices and other communications given or made pursuant to these Terms must be in writing and will be deemed to have been given upon the earlier of actual receipt or: (a) personal delivery to the party to be notified; (b) when sent, if sent by facsimile or electronic mail during normal business hours of the recipient, and if not sent during normal business hours, then on the recipient’s next business day; (c) five days after having been sent by registered or certified mail, return receipt requested, postage prepaid; or (d) one business day after deposit with a nationally recognized overnight courier, freight prepaid, specifying next business day delivery, with written verification of receipt. All communications must be sent to the respective parties to such address, facsimile number or electronic mail address as subsequently indicated by each party. Each party agrees to receive electronic documents and to accept electronic signatures, which shall thereto be considered valid substitutes for hardcopy documents and hand inked signatures. Severability. If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of these Terms will remain in full force and effect. Taxes. You are responsible for complying with all tax obligations associated with your account. It is important that you keep complete and accurate contact details in order for us to remit invoices, especially payment processing account details.

Applicable Law, Waiver, Dispute Resolution

Waiver of Class Actions, Non-Individualized Relief. You acknowledge and accept that claims brought against WidenWeb shall be only on an individual basis and not as a plaintiff or class member in any possible future class or representative action or similar proceeding. Unless otherwise agreed by you and WidenWeb, you may not adjoin or consolidate any claim with more than one person’s; and you may not otherwise supervise or take over any form of a class, representative or consolidated proceeding. Waiver of Jury Trial. The parties herein waive their constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes be resolved by a competent judge. Applicable Law. Your use of this Site and any cause of action, claim and/or dispute that might arise between the parties hereon, shall be subject to the laws of the Province of Ontario, Canada, without regard to conflict of law principles. Arbitration Procedure. In the event of any dispute or difference between the parties in relation to or arising from these Terms, including but not limited to the formation, performance, interpretation, nullification, termination or invalidation thereof, the matter shall be referred to arbitration procedure. The arbitration shall be conducted in the English language in the city and province where WidenWeb Inc. operates in the Canada. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. The arbitration must be concluded, and an award issued, no later than one hundred and twenty (120 days) following the filing of the demand for arbitration, unless all parties to the arbitration proceeding agree in writing to an extension. If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorney’s fees, costs, and disbursements in doing so. The unsuccessful party in any dispute arising from or relating to these Terms will be responsible for the reimbursement of the successful party’s reasonable attorney’s fees, court costs, and disbursements. If you bring a dispute in a manner other than in accordance with this section, you will be responsible for the reimbursement of the successful party’s reasonable attorney’s fees, court costs, and disbursements.

Contact

If you have any questions or queries about us, the Site, the Products, our Services, or these Terms, please contact us as indicated in our contact page: http://widenpay.widenweb.com/contact/ or at:

(866) 613-5205 info@widenweb.com 455 boul. de la Gappe, Gatineau, Quebec, J8T 0G1

Date of last effective update is March 16, 2021.