(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").
Terms apply between you (“User,” "Users," "you," or "your") as the user of the Site and Services
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
first use of the Site and/or Services. If you do not agree to be bound by these Terms, you
stop using the Site and Services immediately.
If you have any questions about these Terms please
us at firstname.lastname@example.org
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
underlying code and software and any other form of information capable of being stored in a
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
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
any license or right to use any trademark, logo or service mark displayed on the site without
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
without the written permission of Balsa.
You may not use the Site and Services for any of
- in any way which causes, or may cause, damage to the Site and Services or interferes
other person's use or enjoyment of the Site and Services;
- in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or
objectionable or in breach of any applicable law, regulation, governmental order;
- making, transmitting or storing electronic copies of Content protected by copyright
the permission of the owner.
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
to the information that you provide when registering by updating your personal details to ensure
can communicate with you effectively.
We may suspend or cancel your registration with
effect for any reasonable purposes or if you breach these Terms.
You may cancel your registration at any time by
us. If you do so, you must immediately stop using the Site and Services. Cancellation or
of your registration does not affect any statutory rights.
Links to other websites
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
The inclusion of a link to another website on this
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
Availability of the Site and disclaimers
Any online facilities, tools, services or information
Balsa makes available through the Site is provided "as is" and on an "as available" basis. We
no warranty that the Site and Services will be free of defects and/or faults. To the maximum
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
Site and Services are secure and free of errors, viruses and other malware, we give no warranty
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
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
your liability for death or personal injury resulting from our or your negligence, as
(b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c)
or exclude any of our or your liabilities in any way that is not permitted under applicable
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
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.
You may not transfer any of your rights under
to any other person. We may transfer our rights under these Terms where we reasonably
rights will not be affected.
These Terms may be varied by us from time to time.
revised terms will apply to the Site and Services from the date of publication. Users should
the Terms regularly to ensure familiarity with the then current version.
Policy contain the whole agreement between the parties relating to its subject matter and
all prior discussions, arrangements or agreements that might have taken place in relation to
The Contracts (Rights of Third Parties) Act 1999
apply to these Terms and no third party will have any right to enforce or rely on any
If any court or competent authority finds that any
provision of these Terms(or part of any provision) is invalid, illegal or unenforceable,
provision or part-provision will, to the extent required, be deemed to be deleted, and the
and enforceability of the other provisions of these Terms will not be affected.
Unless otherwise agreed, no delay, act or omission
party in exercising any right or remedy will be deemed a waiver of that, or any other, right
This Agreement shall be governed by and
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