Terms of service

(Updated on 1 October 2019)

Your use of this website (the "Site") and the services made available on the Site ("Services") is subject to these Terms of Service (these "Terms"). These Terms apply between you (“User,” "Users," "you," or "your") as the user of the Site and Services and Balsa Ltd ("Balsa," "we," "our," or "us").

These Terms do not apply to Balsa Enterprise Edition subscriptions which are governed by written agreements between Balsa and the customer.

Please read these Terms carefully, as they affect your legal rights. Your agreement to comply with and be bound by these Terms is deemed to occur upon your first use of the Site and/or Services. If you do not agree to be bound by these Terms, you should stop using the Site and Services immediately.

If you have any questions about these Terms please contact us at hello@getbalsa.com

Intellectual property and acceptable use

All Content included on this Site, unless uploaded by Users, is the property of Balsa, our affiliates or other relevant third parties. In these Terms, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Site, including any such content uploaded by Users.

By continuing to use the Site you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission

You may temporarily download one copy of the materials (information or software) on this Site for personal, non-commercial transitory viewing only. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Balsa.

Prohibited use

You may not use the Site and Services for any of the following purposes:

  • in any way which causes, or may cause, damage to the Site and Services or interferes with any other person's use or enjoyment of the Site and Services;
  • in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
  • making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.

Registration

You must ensure that the details provided by you on registration or at any time are correct and complete. You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.

We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these Terms.

You may cancel your registration at any time by contacting us. If you do so, you must immediately stop using the Site and Services. Cancellation or suspension of your registration does not affect any statutory rights.

This Site may contain links to other websites. Unless expressly stated, these sites are not under the control of Balsa or that of our affiliates.

We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.

The inclusion of a link to another website on this Site does not imply any endorsement of the websites themselves or of those in control of them.

Use of the Site and Services is also governed by our Privacy Policy and Cookies Policy, which are incorporated into these Terms by this reference.

Availability of the Site and disclaimers

Any online facilities, tools, services or information that Balsa makes available through the Site is provided "as is" and on an "as available" basis. We give no warranty that the Site and Services will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Balsa is under no obligation to update information on the Site.

Whilst Balsa uses reasonable endeavours to ensure that the Site and Services are secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers. Balsa accepts no liability for any disruption or non-availability of the Site or Services.

Balsa reserves the right to alter, suspend or discontinue any part (or the whole of) the Site including, but not limited to, any products and/or services available. These Terms shall continue to apply to any modified version of the Site unless it is expressly stated otherwise.

Limitation of liability

Nothing in these Terms will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.

We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.

To the maximum extent permitted by law, Balsa accepts no liability for any of the following:

  • any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
  • loss or corruption of any data, database or software;
  • any special, indirect or consequential loss or damage.

General

You may not transfer any of your rights under these Terms to any other person. We may transfer our rights under these Terms where we reasonably believe your rights will not be affected.

These Terms may be varied by us from time to time. Such revised terms will apply to the Site and Services from the date of publication. Users should check the Terms regularly to ensure familiarity with the then current version.

These Terms together with the Privacy Policy and Cookie Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the Terms.

The Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms and no third party will have any right to enforce or rely on any provision of these Terms.

If any court or competent authority finds that any provision of these Terms(or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms will not be affected.

Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.

This Agreement shall be governed by and interpreted according to the law of Canada and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the Canadian courts.