TERMS OF USE

Here are the terms and conditions governing the use of Cyberimpact. You must accept these terms to use Cyberimpact.

This document sets out the terms and conditions (referred to as the “Terms“) applicable to the use of the Cyberimpact e-mail service (referred to as the “Cyberimpact Service“) operated by Cyberimpact Inc. (“CYBERIMPACT” or “US” offered through the website available at https://www.cyberimpact.com (the “Site“). The Terms constitute a contract between you (the “Client” or “YOU“) and CYBERIMPACT with respect to your use of the Cyberimpact Service, in order to offer you a quality service that is fair to all our customers.

As soon as you subscribe to the Cyberimpact Service and access it through the Site, you consent to all the terms and conditions described herein, as well as in the Privacy Policy and the Anti-Spam Policy posted on the Site. You acknowledge that you have read and understood these terms and conditions applicable to you.

It is important to know that CYBERIMPACT may modify the Terms, Conditions and Policies posted on the Site at any time to its discretion. If changes are made to the Terms, you will have to accept these changes the next time you log in to the Cyberimpact Service.

It is important to know that CYBERIMPACT may modify the Terms and Conditions and policies posted on the Site at any time.

If you disagree with any of the Terms and Conditions or any subsequent changes to these Terms and Conditions, you must refrain from using the Services.

We hereby present the terms and conditions applicable to the following matters:

  1. How do I access the Cyberimpact Service?
  2. What are the customer’s commitments regarding the use of the Cyberimpact Service?
  3. What are the terms of payment?
  4. How is copywrittten content treated?
  5. How is confidential information treated?
  6. What are the penalties and compensation for violations?
  7. What compensation does the customer owe to CYBERIMPACT?
  8. What are the effects of termination or end of contract and can I recover my data?
  9. What guarantees are available on the Cyberimpact Service?
  10. What is CYBERIMPACT‘s responsibility with regards to external sites?
  11. What are the applicable laws and jurisdiction?
  12. Where can complaints or abuses be reported?

1) HOW DO I ACCESS THE CYBERIMPACT SERVICE?

You must first create an account to use Cyberimpact. There is a free service and a paid service, which requires the registration of a credit card. You must provide accurate information to create your account and protect your login information appropriately, as YOU will be liable if someone else uses your account for prohibited purposes.

Registration. Cyberimpact Service is only available to you once you have created an account (the “Cyberimpact Account“) yourself through the Cyberimpact Website.

Connection information. It is your responsibility to maintain the confidentiality of your password. You are solely responsible for any action or transaction undertaken from your Cyberimpact Account or using your username and password.

Accuracy of information. In order to register as a Client, CYBERIMPACT will collect certain information from you. The information you provide for this purpose must be valid, complete and up-to-date. You agree, in particular, to maintain your active e-mail address for the duration of your use of CYBERIMPACT Services. If you change your address, you must notify CYBERIMPACT by e-mail at support@cyberimpact.com as soon as possible. If there is reason to believe that the information you have provided is not valid, complete or up-to-date, CYBERIMPACT may, at any time, prohibit you from accessing Cyberimpact Service or any of its features, suspend your right or terminate the use. CYBERIMPACT has no obligation to verify the accuracy, validity or usefulness of the information you transmit. Please refer to our Privacy Policy for our data privacy practices.

Conditions. You must be of legal voting age in your province or state or country of residence to create a Cyberimpact Account. In case of doubt about the information provided, Cyberimpact reserves the right to require additional proof of identity and age.

2) WHAT ARE THE CUSTOMER’S COMMITMENTS WITH RESPECT TO THE USE OF THE CYBERIMPACT SERVICE?

You make a commitment to use Cyberimpact in accordance with the law, and to identify you appropriately as the sender of the messages. You cannot send e-mails on behalf of another person.

Prohibited Gestures. You agree not to perform and not to authorize the following actions in connection with the use of the Cyberimpact Service:

  1. Disclose your password to a third party and / or let a third party not duly registered with the Cyberimpact Service use your account;
  2. Display, link or otherwise disseminate or transmit any unlawful, threatening, abusive, damaging, defamatory, pornographic or indecent information that infringes the rights of third parties or carries any other form of illegal content;
  3. Post, link or otherwise disseminate or transmit any information or claim in respect of drugs, medication, surgeries or treatments for nonessential therapeutic purposes;
  4. Post, link or otherwise disseminate or transmit any information or claim in respect of products or services of a lottery, betting or even pyramid-like type;
  5. Disguise the origin of any information transmitted, including the identity of the sender of a message;
  6. Impersonate another individual or entity or make false representations of any affiliation with any individual or entity;
  7. Display or transmit any information that contains computer viruses, files or codes intended to interrupt, destroy, corrupt or reduce the functionality of any site, computer or computer equipment;
  8. Promote the sale of products and services that violate the rights of others, including intellectual property rights, or are found to be non-compliant under the laws of Canada;
  9. Disseminate false advertising or unauthorized advertising about an individual or company;
  10. Disseminate statements about extortion of individuals or businesses.

Identification as sender. You agree to clearly display your business name or logo and contact information in your e-mail as the sender of messages sent through the Cyberimpact Service. In this regard, you agree to use the Cyberimpact Service integrated system, which allows you to identify yourself as a sender of your large e-mails.

Intermediary. You agree not to act as an intermediary for any e-mail transmission on behalf of another company (for your customers, for example) using the Cyberimpact Service.

Misleading information. No e-mail sent by the Cyberimpact Service should contain false or misleading information in the subject line of the message or in the content of the message.

3) WHAT ARE THE PAYMENT TERMS?

Your credit card will be charged automatically every month to cover the cost of the next month of service. Subscription fees depend on the number of contacts in your account and may increase automatically in a month if more than one user subscribes to your mailing lists.

Subscription fees. You agree to pay the subscription fees shown from time to time on the Site based on the number of unique contacts associated with your Cyberimpact account. You must pay the monthly subscription fee for the highest number of unique contacts associated with your Cyberimpact account during a billing period. Subscription fees are subject to change without notice by CYBERIMPACT.

Billing Period. Your billing period is for a period of one month from the date the first invoice is issued to your Cyberimpact account. If this day is not included in a given month, your billing period will start on the day before that day included in that month, or on another day at our discretion. (If your account was created on the 15th of the month, each billing period begins on the 15th of the month, if your account was created on the 31st of the month, billing periods will start on the 30th or 28th of the month, of the following month, as the case may be).

Payment terms. You must provide a valid credit card number in order to access the Paid Services. You agree that the subscription fee will be charged monthly to your credit card at the beginning of your billing period. We will send you an invoice by e-mail at the beginning of the billing period.

Overflow. In the event that the number of unique contacts associated with your Cyberimpact account exceeds the allowable number for the Free Service, your account will switch to the paid model and will be blocked until you provide us with a valid credit card number and the fees are paid. If the number of unique contacts associated with your Cyberimpact account increases and your monthly fees increase, we may, at our discretion, send you an invoice to the amount of the difference and bring this amount to your credit card or make an adjustment to your invoice for the next billing period.

Default of payment. In the event that a payment is refused by the issuer of your credit card, we will notify you by e-mail. You will need to remedy the situation before your next billing cycle, otherwise your subscription will be terminated. You remain responsible for the payment of all invoiced subscription charges. You will have to pay any unpaid amount to CYBERIMPACT in order to reinstate your subscription.

4) HOW DO WE TREAT COPYWRITTEN CONTENT?

What you see on the site belongs to us, you cannot copy or use it without our permission. But you can, of course, use the features of Cyberimpact.

Intellectual Property of Cyberimpact. Content available through the Site, Cyberimpact Service, site design, layout and trademarks displayed on the Site (the “Content”) are the property of CYBERIMPACT or are used under licence and are protected by copyright, trademark, unfair competition laws and any other applicable law, as the case may be.

Prohibited Content. You may not copy, distribute, reproduce, modify, alter or transmit the Content without the prior written permission of CYBERIMPACT or as expressly permitted by these Terms and Conditions.

Limited Use Licence. You are authorized to use the Site within the limits expressly provided in these Terms and Conditions to inform you about the products and services offered by CYBERIMPACT and to use the Cyberimpact Service. You may not use the Site for any other purpose without obtaining the express prior or written consent of CYBERIMPACT. You may not create a hyperlink to the Site or use the Site in association with any third party trademark to imply endorsement or association with the Cyberimpact Service or with CYBERIMPACT. You may share some of the Content through sites or social networking applications exclusively using the features specifically provided for this purpose on the Site.

Transmission of content. When you transmit content in connection with the use of the Cyberimpact Service, whether it be text, photographs, audio or video files, or other forms of content (the “User Content“), you are totally responsible with respect to it. You represent US and guarantee that you are authorized to reproduce and distribute your User Content anywhere in the world and in accordance with these Terms and Conditions.

5) HOW IS CONFIDENTIAL INFORMATION TREATED?

Your mailing lists, customer lists and other business information that you transmit to Cyberimpact belong to you. We keep them safe and we do not allow others to use them. However, you guarantee at all times that you are authorized to send us personal information about your Recipients.

Confidential information. Your contact lists, customer lists, mailing lists or other business information transmitted to us (the “Confidential Information“) remains your property at all times and we make no use of it except to enable you to use the Cyberimpact Service. We do not keep a copy of the Confidential Information after the end of your subscription except to allow you to retrieve it in accordance with these Terms and Conditions.

Security. Confidential information is protected by industry-recognized security measures. Only our employees and officers who have access to the Confidential Information for Cyberimpact Service have access to it, and we do not disclose Confidential Information to anyone except to service providers who must have access to it for Cyberimpact Service and who then commit to us to preserve their confidentiality. However, we cannot guarantee the absolute security of the Confidential Information.

Guarantee. You represent and guarantee that you are duly authorized to provide us with any personal information about a person you register as a contact associated with your Cyberimpact account. The Customer is solely responsible for obtaining the consent of recipients of consignments indicated as contacts. For more information on our privacy practices, please see our Privacy Policy.

6) WHAT ARE THE FINES IN THE EVENT OF A VIOLATION?

We have the right to choose who uses Cyberimpact and cancel your subscription, but do not be afraid, unless you seem to breach the rules in place, we will leave you alone.

Fines in case of default. CYBERIMPACT reserves the right, at its sole discretion, to temporarily or permanently suspend your access to the Site and / or the Cyberimpact Service or certain of its features, and to take any other action deemed appropriate, depending on the circumstances, in the event CYBERIMPACT has good reason to believe that you have breached any of your obligations under these Terms and Conditions. These measures may include, but are not limited to, cancelling your Cyberimpact Service subscription and transmitting any illegal content to the appropriate authorities. CYBERIMPACT, without obligation to do so, reserves the right to notify you, by e-mail or otherwise, of your breach, and to provide you with an opportunity to remedy it. In the event of termination of your Cyberimpact service, CYBERIMPACT will retain your final payment for the Cyberimpact Service and no refund will be made.

7) WHAT IS THE CLIENT’S COMPENSATION IN FAVOR OF CYBERIMPACT ?

Cyberimpact is a tool, YOU are responsible for using it properly. If we are exposed to a prosecution or fine because of your actions, you will have to compensate us. In particular, you will be responsible for all costs incurred as a result of a violation of the Canadian Anti-Spam Act.

Indemnity. You agree to indemnify CYBERIMPACT and its employees, agents, assigns, representatives and / or business partners from and against any and all damages, losses or expenses (including reasonable attorneys’ fees) incurred by them as a result of your default with respect to your obligations under these Terms and Conditions, in connection with any and all claims, lawsuits or claims , whether based on copyright infringement, the application of any relevant laws or agreements or any infringement of the rights of third parties, including any pecuniary or other damage arising from the performance of a gesture prohibited under these Terms and Conditions.

Violation of the Anti-Spam Act. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ASSUME THE LIABILITY TO ADOPT PRACTICES AND BEHAVIOURS IN ACCORDANCE WITH THE CANADIAN ANTI-SPAM LAW ACT (CASL) OR ANY OTHER ACT OR REGULATIONS APPLICABLE TO ONLINE MARKETING OR THE CONTENT OF COMMERCIAL MESSAGES. THE CUSTOMER HEREBY UNDERTAKES TO DEFEND AND HOLD CYBERIMPACT, ITS DIRECTORS, OFFICERS AND EMPLOYEES OF ANY CLAIM, APPLICATION, LOSS, COST, EXPENSE, DAMAGE, JUDGMENT, PENALTIES, FEES, FINE, OR LIABILITY OF ANY KIND RESULTING DIRECTLY OR INDIRECTLY FROM ANY CLAIM, COMPLAINT OR REMEDY UNDERTAKEN BY ITS RECIPIENTS FOR NON-SOLICIT COMMERCIAL ELECTRONIC MESSAGES TRANSMITTED BY THE CUSTOMER USING THE SERVICE CYBERIMPACT OR (II) BY ANY GOVERNMENT AGENCY, SUCH AS THE CRTC OR THE COMPETITION BUREAU, ARISING OUT OF THE LCAP OR ANY OTHER ACT OR REGULATIONS APPLICABLE TO ONLINE MARKETING OR THE CONTENT OF COMMERCIAL MESSAGES.

Notice of third party default. In addition, you agree to notify CYBERIMPACT and cooperate with CYBERIMPACT if you ever suspect the performance of any illegal or prohibited activity described herein.

8) WHAT ARE THE EFFECTS OF TERMINATION OR END OF CONTRACT AND CAN I RECEIVE MY DATA?

If you wish to terminate your subscription to the Cyberimpact Service, here is the procedure to follow:

  • It is your responsibility to export your subscriber lists and unsubscribed contacts from your Cyberimpact account and withdraw them before the end of your current billing cycle, in order to avoid another monthly payment;
  • You can export your data by using the “export” function;
  • Unsubscribe links on e-mails transmitted through the Cyberimpact Service will remain valid for 60 days following the Customer’s termination or termination (the “Follow-Up Period”);
  • In the event of unsubscription of a contact during the Follow-up Period, the Customer will have to re-export the list of unsubscribed contacts from his Cyberimpact account using the “export” function and remove these recipients himself from his lists. The Customer assumes full responsibility for updating its Active and Inactive Address Lists;
  • The customer acknowledges that CYBERIMPACT has no further obligation to retain the Customer’s data except as set forth above and that CYBERIMPACTassumes no liability for any damages that may result from the deletion of Customer’s data in accordance with these terms.

9) WHAT WARRANTIES ARE AVAILABLE ON THE CYBERIMPACT SERVICE?

We make a commitment to act to the best of our ability to maintain Cyberimpact in good working order BUT the results obtained using Cyberimpact are NOT guaranteed, in particular because of all the elements beyond our control. You use Cyberimpact at your own risk and waive any claim whatsoever if a problem occurs during your use.

Commitments of Cyberimpact. CYBERIMPACT undertakes to act to the best of its abilities and in accordance with the generally accepted rules of the art in the information technology industry in order to ensure the smooth operation of the Site and the continued accessibility to the Cyberimpact Service.

Customer Testimonials. The testimonies presented on the Site are the sole responsibility of the author, our responsibility being limited to reproducing faithfully their intention. Your experience with the Cyberimpact Service may vary from that shown in these testimonials.

Disclaimer of Warranties. Given the instability of the Internet and to the extent permitted by law and any applicable regulations, CYBERIMPACT makes no warranty of any kind with respect to the performance of the Site and the Cyberimpact Service from a technical point of view or commercial. CYBERIMPACT WILL NOT OFFER YOU ANY WARRANTIES AND DISCLAIMS ANY IMPLIED WARRANTIES THAT THE SERVICES PROVIDED ON THE SITE AND THE CYBERIMPACT SERVICE WILL FULLY MEET YOUR EXPECTATIONS, THAT THEY WILL GIVE DETERMINED RESULTS AND THAT THEY WILL BE UNINTERRUPTED, SAFE OR DEFAULT FROM ANY ERRORS AND THAT ANY DEFECTS IDENTIFIED IN THE FUNCTIONALITIES OFFERED OR IN THE SOFTWARE USED, IF ANY, SHALL BE CORRECTED.

Disclaimer of liability. To the fullest extent permitted by applicable laws and regulations, CYBERIMPACT shall not be liable for any direct or indirect damages resulting from or suffered in connection with the use or inability to use Site or the Cyberimpact Service, including, without limitation, any loss of profits or business opportunities, or loss of data, whether or not CYBERIMPACT has been advised of the possibility of such damages.

Limitation of Liability. In all cases, the responsibility of CYBERIMPACT is strictly limited to the expenses paid by the Customer during the year preceding the occurrence of the event generating responsibility. Customer expressly acknowledges that reimbursement of these costs is the only possible remedy for any loss or damage suffered as a result of using the Site or the Cyberimpact Service.

10) WHAT IS THE RESPONSIBILITY OF CYBERIMPACT WITH REGARDS TO EXTERNAL SITES?

Hyperlinks that link to the Cyberimpact website or contained on the Cyberimpact website do not imply that we endorse these sites, you may navigate through them at your own risk.

Hyperlinks to external sites. CYBERIMPACT is not responsible for the content of other websites accessible through a hyperlink placed on the Site (the “Third Party Sites”), which content is controlled by third parties. CYBERIMPACT does not act as publishers or distributor of the content of these third-party websites. CYBERIMPACT is not affiliated with, and does not endorse, any third party Sites, their owners and operators, or the products and / or services available on the third party Sites. The Site is not sponsored by Third Party Sites or their owners or managers. Your browsing and inclusion in these third-party sites is your own responsibility.

Hyperlinks to the Site. CYBERIMPACT reserves the right to prohibit you from using a hyperlink to the Site if the context in which the hyperlink is used harms the honour, reputation or commercial interests of CYBERIMPACT.

11) WHAT ARE THE APPLICABLE LAWS AND JURISDICTION?

If a dispute arises with respect to your relationship with us and we cannot resolve it amongst ourselves, the courts in Montreal will have to decide on the basis of the applicable laws in the province of Quebec.

These Terms and Conditions, the use of the Site and the Cyberimpact Service are governed by the laws of the Province of Quebec and the laws of Canada applicable therein, and those laws determine their execution and interpretation. The parties agree that the courts of the judicial district of Montreal, Province of Quebec, Canada, shall have exclusive jurisdiction to hear any dispute, claim or legal action relating to these Terms or the use of the Cyberimpact Service.

12) WHERE CAN COMPLAINTS / ABUSES BE REPORTED?

Any complaints or abuses noticed on the servers of CYBERIMPACT must be sent by e-mail to abuse@cyberimpact.com or to the following address:

CYBERIMPACT
c/o Customer Service Manager
3115 bldv. de la Pinière, office 330
Terrebonne (Quebec)
Canada  J6X 4P7
(450) 964-0868