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AccessSync Portal Terms of Service

Elandas Inc. dba AccessSync (“AccessSync,” “we,” or “us”) makes this portal (the “Portal”) available through our proprietary platform to certain approved users.  Users may only access the Portal where they are authorized to do so by the entity that has subscribed for the AccessSync Service (“Customer”) pursuant to the agreement in place between AccessSync and Customer (the “Master Agreement”). Use of the Portal is subject to the terms of the Master Agreement and to these additional terms of service (“Terms”), which apply to all users of the Portal.

PLEASE NOTE THAT THESE TERMS CONTAIN IMPORTANT DISCLAIMERS AND LIMITATIONS SO PLEASE READ THEM CAREFULLY BEFORE USING THE PORTAL.  BY ACCESSING THE PORTAL YOU HEREBY CONFIRM ON YOUR OWN BEHALF AND ON BEHALF OF YOUR ORGANISATION THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS.  WE MAY MAKE CHANGES TO THESE TERMS FROM TIME TO TIME, AND IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS FOR ANY UPDATES AT ANY TIME THAT YOU ACCESS THE PORTAL.

PURPOSE OF THE PORTAL

Where users are invited to access the Portal, the Portal may be used by Customers (as defined in the Master Agreement) for purposes related to the services provided by AccessSync to Customer under the Master Agreement.

 

USER COMPLIANCE

By signing up to be a user of the Portal, you represent and warrant that you are an authorized employee or agent of our Customer and that you are accessing the Portal on such Customer’s behalf. If you are not so authorized then you have no right to access the Platform, and shall refrain from trying to do so. It is the sole responsibility of the user to ensure that the user complies with all applicable agreements, laws and regulations in respect of the user’s use of the Portal.  

 

LICENSE TO USE THE SERVICES

Where a Customer and its users are invited to use the Portal, they are granted a limited, personal, non-exclusive, non-transferable license to use our Portal for Customer’s internal business purposes and not for resale or further distribution. Your right to use our Portal is limited by all terms and conditions set forth in these Terms and the Master Agreement. 

 

Except for this license granted to you, we retain all right, title and interest in and to the Portal and the underlying technology, including all related intellectual property rights in the same. Except as otherwise explicitly provided in these Terms or as may be expressly permitted by applicable law, you will not, and will not permit or authorize any third party to: (i) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any of our Service; or (ii) rent, lease or sublicense access to the Portal.

 

DISCLAIMER OF WARRANTIES

SAVE AS OTHERWISE EXPRESSLY PROVIDED FOR UNDER THE MASTER AGREEMENT, THE PORTAL IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND USE OF THE PORTAL IS AT YOUR OWN RISK. SAVE AS OTHERWISE EXPRESSLY PROVIDED FOR UNDER THE MASTER AGREEMENT, THE PORTAL IS PROVIDED WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SAVE AS OTHERWISE EXPRESSLY PROVIDED FOR UNDER THE MASTER AGREEMENT, NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ACCESSSYNC OR THROUGH THE PORTAL WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING BUT SAVE AS OTHERWISE EXPRESSLY PROVIDED FOR UNDER THE MASTER AGREEMENT, ACCESSSYNC, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE PORTAL WILL MEET YOUR REQUIREMENTS; THAT THE PORTAL WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. 

 

LIMITATION OF LIABILITY

USE OF THIS PORTAL IS SUBJECT TO THE LIMITATIONS OF LIABILITY SET OUT IN THE MASTER AGREEMENT

 

GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario without giving effect to any principles of conflicts of law. Any legal action or proceeding between us and Users shall be brought exclusively in a court of competent jurisdiction located in Toronto, Ontario, Canada. In the event of conflict between these Terms and the applicable Master Agreement, the terms of the Master Agreement shall prevail.

 

Last Updated: November 15, 2023

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