Acceptance of Terms
The contract below outlines Peppermint Technologies Inc.™ terms of service (“the Agreement”). By downloading, installing and using Peppermint Technologies Inc.™ products and services (“the Services”) you agree and acknowledge that you have read and accept this Agreement in its entirety, and agree to be bound by its terms. These terms of service apply to all users of the Services, including users who have purchased extensions.
Peppermint Technologies Inc.™ (Peppermint) reserves the right, at its sole discretion, to modify or replace the terms of this Agreement at any time. If the alterations constitute a material change, Peppermint will notify you by posting an announcement on the Peppermint and/or MYNTIX™ website. What constitutes a material change will be determined at Peppermint’s sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using our Services following notification of a material change to this Agreement shall constitute your acceptance of the Agreement as modified.
Terms of Service
Peppermint Technologies Inc.™ is providing this service on an “as is, as available” basis without representation or warranty of any kind. Peppermint Technologies Inc.™ does not guarantee as to the continuous availability of the service or of any specific feature(s) of the service. Peppermint Technologies Inc.™ will inform you of any significant changes to the service it may occasionally make.
Peppermint Technologies Inc.™ makes no representation, warranty, or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Services. Peppermint Technologies Inc.™ does not represent or warrant that (a) the use of the Services will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) the Service will meet your requirements or expectations (c) errors or defects will be corrected, or (d) the Services are free of viruses or other harmful components.
Limitation of Liability
In no event shall Peppermint Technologies Inc.™be liable under contract, tort, strict liability, negligence or any other legal theory with respect to the services for any lost profits or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever. Notwithstanding the foregoing, in no event shall the total liability of Peppermint Technologies Inc.™, for all damages, losses and causes of action whether in contract, tort including negligence, or otherwise, exceed the aggregate dollar amount paid by the User claimant to Peppermint Technologies Inc.™ in the twelve months prior to the claimed loss, damages or other such alleged event giving rise to the basis of claim.
Release and Indemnity
You hereby expressly and irrevocably release and forever discharge Peppermint Technologies Inc.™ including the company’s officers, directors, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Services.
You hereby agree to indemnify and hold harmless Peppermint Technologies Inc.™, including the company’sdirectors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of (i) a breach of this Agreement, (ii) the use of the Services, by You or any person using your account, or (iii) any violation of any rights of a third party.
If a court of competent jurisdiction holds that any provision of these Terms is invalid or unenforceable, the remaining provisions will remain in full force and effect, and the parties agree to modify the invalid or unenforceable provision by replacing it with such valid and enforceable provision as most closely achieves the original intent and economic effect of these terms as originally drafted. These terms are governed by and are to be construed in accordance with Canadian Law and Peppermint Technologies Inc.™ and the Customer submit to the non-exclusive jurisdiction of the Canadian Courts for the purposes of resolution of any dispute.
Any replicated site content must be authorized in advanced. Content from this site shall not be used or exploited for commercial or non-commercial purposes without the prior written consent of Peppermint Technologies Inc.™.
The customer acknowledges that it is necessary for Peppermint Technologies Inc.™to collect, process and use customer data in order to process orders and purchases, manage VAT and for the Myntix™ website to function correctly.