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IMPORTANT NOTICE: THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY ACCESSING OR USING THE SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS OF SERVICE.
YOU MAY NOT ACCESS OR USE SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH MOSAN, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS, OR SERVICES BY APPLICABLE LAW.
You agree that your request for services constitutes an offer to enter into a service agreement under these Terms. All service requests must be formally accepted by us in a written service agreement, or we will not be obligated to provide the services to you. We may choose not to enter into a service agreement at our sole discretion, even after providing a preliminary confirmation of your request with details of the proposed services.
(a) Service Agreements: The terms and pricing for our services are specified in individual service agreements specific to each client. These agreements outline the scope of services, payment terms, and other relevant details. Pricing may vary based on the service package chosen, the duration of the agreement, and other client-specific factors.
(b) Payment Conditions: Payment terms are established within each service agreement. We accept various forms of payment as specified in these agreements. You represent and warrant that (i) the payment information you supply to us is true, correct, and complete, (ii) charges incurred will be honored by your credit card company or bank, and (iii) you will pay charges incurred in accordance with the pricing and payment schedule outlined in your service agreement, including all applicable taxes.
By agreeing to these terms, both you and MOSAN waive the right to litigate claims in a court or before a jury. Additionally, you waive the right to participate in any class action or representative action in connection with a claim. Certain rights that may be available in court may not be available or could be limited in arbitration.All claims, disputes, or controversies—whether based on contract, tort, statute, consumer protection law, common law, intentional tort, or seeking injunctive or equitable relief—that arise from or relate in any way to your purchase of products or services through the site, will be resolved exclusively and conclusively by binding arbitrati
This Site (excluding any linked sites) is controlled by us from our offices within the province of Ontario, Canada. It can be accessed from all provinces and territories of Canada, as well as from other countries around the world. As each of these places has laws that may differ from those of Ontario, by accessing this Site, both you and MOSAN agree that the statutes and laws of the Province of Ontario, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of this Site and the purchase of products and services available through this Site.
(a) To You. We may provide any notice to you under these Terms by (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email, and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
(b) To Us. To give us notice under these Terms, you must contact us as follows: by personal delivery, overnight courier, or registered or certified mail to:
MOSAN Canada
396 Cooper Street - 4th Floor
Ottawa, ON
K2P 0G8
We may update the address for notices to us by posting a notice on the Site.
We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of services through the Site, which is available here or by visiting mosan.ca/privacy-policy.
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
You agree to comply with all applicable laws and regulations, including but not limited to Know Your Customer (KYC) requirements and the Personal Information Protection and Electronic Documents Act (PIPEDA). You are responsible for providing accurate and current information necessary for MOSAN to comply with these regulations and for enabling us to perform our services effectively.
(a) Legal Compliance: Your failure to meet these compliance obligations may affect the legality and enforceability of our service agreement. You must inform us promptly of any changes in information or circumstances that might affect your compliance status.
(b) Verification and Audit: MOSAN reserves the right to verify the information provided by you and to conduct audits as necessary to ensure compliance with the terms of the service agreement and applicable laws. Failure to cooperate with such audits may result in the suspension or termination of your services.
These Terms, together with our Website Terms of Use and Privacy Policy, constitute the sole and entire agreement between you and MOSAN with respect to the website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the website.
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