Terms of Use


These terms and conditions of use ("Terms of Use") apply to Madiba Technologies Inc. ("SmartBail") website located at www.smartbail.ca and all associated sites and platforms linked to www.smartbail.ca by SmartBail (collectively, the "Site"), which provide information, data, texts, graphics and other materials (collectively, the "Content"). By accessing or using the Site, you agree to be bound by these Terms of Use. If you do not agree to be bound by these Terms of Use, please do not access or use the Site.


SmartBail is not a law firm and we do not offer any legal advice or professional opinion. All Content is provided for information purposes only. Users of the Site are advised to seek specific legal advice by contacting lawyers/consultants of their own choice regarding any specific legal issues.


If you provide any personal information to us on this Site, SmartBail handles your personal information in accordance with our Privacy Policy. While we take reasonable steps to protect your privacy, we do not guarantee the confidentiality of any communications made by you through this Site or otherwise through or to SmartBail. Your communications with SmartBail are not part of your lawyer/consultant-client relationship and thus are not protected under any privilege, such as lawyer/consultant-client privilege. By using this Site, you acknowledge and agree that Internet transmissions are never completely secure or private, even if there is a special notice that certain transmissions are encrypted.


Without SmartBail’s permission or license, you may only use this Site and the Content for your own personal non-commercial use and benefit and you acquire no rights to the Site or the Content other than the limited right to use the Site and the Content in accordance with these Terms of Use.

You may not use any device, program, algorithm or similar process to acquire, copy or monitor any portion of the Site or any Content.

You may not gain or attempt to gain unauthorized access, by hacking, password "mining" or any other illegitimate means, to any portion or platform of the Site or to any services offered on the Site.

You may not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or that may be reasonably expected to interfere with the proper working of the Site.

The Site allows you to submit or generate content to this Site. If you choose to do so, you may not submit or generate content that is abusive, hateful, malicious, violent, harassing, threatening or otherwise objectionable. You may not submit or generate content that is in violation of law or in breach of any legally enforceable confidence or that can result in us being liable to anyone else under any law. SmartBail reserves the right not to post or disclose any content that you submit or generate (in accordance with our Privacy Policy). You agree to waive your rights as an author under copyright law in the submitted content.

You may not use this Site or the Content for any purpose that is unlawful.


Access to and use of this Site and the Content is at your own risk. The Site and the Content are provided "as is" without warranty or condition of any kind. SmartBail does not warrant or guarantee the accuracy, timeliness, completeness or quality of any kind of the Site or the Content. SmartBail takes no responsibility, legal or otherwise, for any errors or omissions in the Site or the Content. All information provided on the Site is subject to change without notice.

The downloading of Content is at your own risk. We do not ensure that the Site, Content, or any files or data you download from the Site will be free of viruses or contamination or destructive features. You are responsible for the entire cost of any services to and repairs of your device or computer system which may be necessary as a result of your access to or use of the Site and the Content.

To the fullest extent permitted by law, SmartBail disclaims all warranties and conditions of any kind, express or implied, including any warranties of non-infringement, merchantability, and fitness for a particular purpose. In no event will SmartBail be liable, whether based on warranty, contract, tort, strict liability or other legal theory, for any damages, including but not limited to direct, indirect, incidental, consequential, exemplary, punitive damages such as lost income, lost profits, loss of data, personal injuries, fines, fees or other liabilities, even if SmartBail has been advised of the possibility of such damages. Your sole remedy against SmartBail for dissatisfaction with the use of the Site or the Content is to stop using the Site or the Content.


The Site and the Content may contain links to third-party websites. SmartBail does not endorse the information provided in such third-party websites or guarantee the accuracy, timeliness, completeness or quality of any kind of such information. SmartBail has no control over such third-party websites and we take no responsibility, legal or otherwise, for the content or privacy practices of such third-party websites. SmartBail disclaims any and all liability for the acts, omissions, and conduct of any third parties in connection with or related to your use of the Site or the Content.


These Terms of Use are governed by the laws of the Province of Ontario and the applicable laws of Canada and these laws apply to the use of the Site or the Content by you, notwithstanding your domicile, residency or physical location. The Site and the Content are intended for use only in jurisdictions where it may lawfully be offered for use.


If any of the provisions contained in these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or otherwise unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use and such determination shall not affect the remaining provisions contained herein.

These Terms of Use constitute the entire agreement between you and SmartBail with regard to your use of the Site and the Content, superseding all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and SmartBail with respect to the Site and the Content.

SmartBail’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by SmartBail of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between SmartBail and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be construed to confer any rights or remedies on any third parties.


The Site and all Content, including but not limited to the design, structure, coordination, expression, and arrangement of such Content, is owned, controlled or licensed by or to SmartBail, and is protected by copyright laws and other intellectual property laws and unfair competition laws.

No part of the Site or the Content may be reproduced, modified, distributed, translated, sold, published, broadcast, retransmitted or circulated in any form without the prior written consent of SmartBail, except to the extent that such use is for your personal, non-commercial use.

© 2019 Madiba Technologies Inc. All rights reserved.


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