This website is the property of, and is operated by, Convergine Corp. In these terms and conditions, “our”, we, and “us” refer to Convergine Corp.

Convergine Corp is a web design and development company located in Markham, Canada, with its registered office at Convergine Corp, 7030 Woodbine Ave, Suite 500, L3R 6G2, Markham, Ontario, Canada.

Please read the following information carefully. By accessing this website under the domain name you agree to be bound by all of the following terms and conditions of use. If you do not accept these terms and conditions of use and you do not intend to be bound by them you must not use this website and you should exit this website immediately. You should also read our privacy policy which outlines how personal information you provide to us will be used.

1. Copyright

We are the owner of all copyright, design, graphical and text arrangements and other intellectual property rights that exist in the content of this website unless otherwise indicated, and it may not be sold, licensed, used, copied or reproduced in whole or in part in any manner or form or in or on any media to any person without our prior written consent.

You are permitted to access and use this website for personal, non-commercial use only. You may not access or use this website for any commercial purpose or otherwise, exploit, extract, publish, distribute or reproduce any part of this website for any commercial purpose. You acknowledge that damages may not be an adequate remedy for any infringement or breach and that we are entitled to remedies to include injunction and specific performance.

Unless otherwise agreed in writing nothing on the website shall be deemed to confer on any person any license or right to use any such image, logo or name and any such use may constitute an infringement of the rights of the holder.

2. Intellectual Property

The Service and all contents, including but not limited to text, images, graphics, infographics or code are the property of Convergine Corp and are protected by copyright, trademarks, database and other intellectual property rights. You may display and copy, download or print portions of the material from the different areas of the Service only for your own non-commercial use, or to place an order with Bastion.Cloud. Any other use is strictly prohibited and may violate copyright, trademark and other laws. These Terms do not grant you a license to use any trademark of Bastion.Cloud or its affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Service.

3. Accuracy of Information

While the information contained on this website has been compiled in good faith, no representation is made as to its completeness, reliability or accuracy. All information and content of this website are furnished “as is” without warranty of any kind whether express or implied.

We make no commitment, and disclaim any duty, to update or correct or to provide notice as to any error or omission in any report or other information contained on this website.

We reserve the right to add, modify or delete information on this website at any time without notice.

4. Availability

Whilst we take all reasonable steps to ensure this website is always accessible, we will not be held liable for any direct or indirect losses due to our website being unavailable at any time. We may also have to suspend access to the website for routine or emergency updates and maintenance, for the introduction of new services and or during extreme weather conditions but we will endeavour to keep any disruption to a minimum.

5. Personal Information

Our usage of your personal information is governed by the legislation in the Cayman Islands and is subject to our privacy policy which forms part of these terms. Through the use of the website, you agree that personal information that is provided will be dealt with in accordance with our privacy policy.

6. Terms and conditions of our products and services

The information contained on this website or in any document on this website is provided for information only, and does not constitute an offer by us to sell any products or services nor does it constitute investment, tax, legal or any other form of advice or recommendation with respect to any such products or services. Your request to purchase a product or service represents an offer by you that we may accept or reject and will be subject to the terms and conditions of that product or service.

You must ensure that the details you give to us while using this website are correct.

7. Malware Removal

Our maintenance plan include malware cleanup in case of hacking. Malware cleanup will be free of charge if the following conditions are met:

  1. The infection occurred while your site has an active maintenance plan with us. A site already hacked before the service is activated cannot benefit from free malware cleanup; AND
  2. The WordPress website protected by a maintenance plan must be the only site hosted in the client’s web hosting account. We cannot be responsible for potential cross-contamination. If another site or application is hosted in the same hosting account, the active site cannot benefit from free malware cleanup.

If a website is not eligible for free malware cleanup, the fees applicable for our malware cleanup service will apply and will be advised beforehand.

8. Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms.

All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

9. Our Liability

We shall not be liable (whether in contract, tort, negligence, statutory duty or otherwise) to any person for any error, omission or incompleteness in the information, or reliance on the information, on this website, nor shall we be under any obligation to advise any person of any error in the information. Also, we accept no liability in respect of losses or damages arising out of changes made to the content of the website by any unauthorized user.

In no event shall we, nor any of our directors, officers or other representatives, be liable (whether under contract, tort, negligence statute or otherwise) howsoever for any damages, losses, costs, claims, liabilities or expenses arising out of or in connection with the use of or inability to use the website or the information contained in it, even if we have been advised of the possibility of such damages.

This limitation of liability shall apply to all damages, losses, costs, claims, liabilities, and expenses of any kind, whether direct or indirect and consequential, including (but without limitation) legal costs or expenses, loss of profits, loss of anticipated savings, loss of data, loss of revenue, loss of business, loss of use of money, loss of opportunity, loss of or damage to property and any third party claims.

In addition, we are not responsible and shall not be liable for, any direct or indirect loss or damage howsoever caused by viruses or defects of any description as a result of your use of the website or to you downloading any material posted on it or a website linked to it. You must ensure that you use appropriate virus checking software.

10. Variations

We reserve the right to update these terms from time to time without notice to you. You should check this webpage from time to time to review the current terms and conditions because they are binding on you. The last update was made in May 2020.

11. Feedback and Complaint Policy

Listening to your views is important to us and helps us develop as a company and ensure that we stay on track with what you, our customers want.

If you have a complaint then please contact us and we will make sure that your complaint is considered.

12. Other important information

If for any reason any part of the terms and conditions of use is deemed to be unenforceable, then the validity of the remaining part shall not be affected.

13. No Waiver

If you breach these terms of use and we do not take immediate action against you we are still entitled to enforce our rights and remedies in respect of such breach or any subsequent breach.

14. Governing Law

These terms and conditions of use and your use of the website shall be governed by and construed in accordance with Cayman Islands law and by using the website you agree to submit to the exclusive jurisdiction of the courts of the Cayman Islands as the sole tribunal for the determination of disputes or claims of any nature whatsoever that may arise.

If you use this website from other jurisdictions you are responsible for compliance with any applicable local laws.

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