Terms and Conditions
Acceptance of Terms
Simple Mode Technologies and its assignees render services to you through this website subject
to the following Terms of Service ("TOS"), which may be updated periodically and
without notice. Nobody is permitted to make alterations to the terms outlined herein
without having the explicit, written consent of Simple Mode Technologies. Please read these terms and conditions carefully,
as they form an Agreement between yourself (including any other person that you
represent) and Simple Mode Technologies. For the purposes of this agreement "person" denotes natural
persons as well as any type of incorporated or unincorporated entity.If you do not
agree to these terms and conditions, you may not use our online services, downloaded
software or any other related services and should not proceed to register an account
on our website or purchase software licenses.
Notice to Software Available on This Website.
Any software that is made available to download from the Services ("Software") is
the copyrighted work of Simple Mode Technologies and/or its suppliers. Use of the Software is governed
by the terms of the end user license agreement, if any, which accompanies or is
included with the Software ("License Agreement"). An end user will be unable to
install any Software that is accompanied by or includes a License Agreement, unless
he or she first agrees to the License Agreement terms.
The Software is made available for download solely for use by end users according
to the License Agreement. Any reproduction or redistribution of the Software not
in accordance with the License Agreement is expressly prohibited by law, and may
result in severe civil and criminal penalties. Violators will be prosecuted to the
maximum extent possible.
Legal Age (18+)
By agreeing with our Terms of Service you acknowledge that you are an adult, being
of legal age to waive parental consent. If you are under the age of 18 it is necessary
that you obtain consent from a parent or guardian before registering an account.
Minors who agree to these Terms of Service are effectively stating that they have
had a parent or guardian review their registration and that said parent/guardian
has expressed consent toward it.
Ownership and Permitted Use of Simple Mode Technologies and Its Products
Simple Mode Technologies (encompassing all its content including but not restricted to: software
products, page headers, custom graphics, button icons, scripts, etc. along with
their presentation, arrangement, enhancement and selection within the audio-visual
context of our web pages) is the property of Simple Mode Technologies and is consequently protected
under Canadian and international copyright, trademark and intellectual property
laws. Your use of our website does not transfer to you any proprietary rights relating
to this website or its contents. Simple Mode Technologies is made available to you solely for your
lawful, personal usage. It should only be used in the manner described herein, subject
to all applicable laws. Accessing this website for any other purpose or in any other
manner is strictly prohibited. You may print pages from our website providing that
you do not modify them and that you do not remove or alter any visible identification
marks, notices or disclaimers. Our website and its contents are not to be copied,
imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed,
catalogued, mirrored or distributed in any way in whole or in part, without obtaining
prior written consent from Simple Mode Technologies. Sale or resale of this website and its contents
(in whole or in part) is also strictly prohibited.
Typographical Errors
Simple Mode Technologies reserves the right to modify product prices and product images on its
website at any given time. Occasionally, there could be cases of visual and/or typographical
errors in pricing, product description and visual representation. While we do endeavor
to keep these accurate and up to date, it is not impossible for mistakes to arise
on our part. Hence, we appreciate constructive feedback from customers that might
aid us in improving the online representations of our merchandise. All prices and
other monetary amounts appearing on the Website are quoted in US dollars.
Trademarks
Simple Mode Technologies, Its product logos and all other logos appearing on or in connection with
the website are registered or unregistered trademarks, tradenames and logos owned
and licensed by Simple Mode Technologies or its respective owners/licensees. Use of these marks,
except as expressly provided in this Agreement, is strictly prohibited.
Links to Third Party Sites
The Thirdy Party links on this website will let you leave Simple Mode Technologies's site. The
linked sites are not under the control of Simple Mode Technologies and Simple Mode Technologies is not responsible
for the contents of any linked site or any link contained within a linked site,
or any changes or updates to such sites. Simple Mode Technologies is providing these links to you
only as a convenience, and the inclusion of any link does not imply endorsement
of the site by Simple Mode Technologies.
Pricing / Payment Methods
We aim to provide our customers with competitive prices on the products that we
offer. Nonetheless, we reserve the right to change prices on our website without
notice.
Shipping Details
All our software products are delivered online and are downloadable from our servers.
Therefore, we do not charge for shipping items.
Taxes and Shipping Charges
Provincial sales tax and GST apply to all orders.
Correctness of Information
It is the customer's responsibility to keep his/her own account information accurate
and up to date. Registration info like your email, name and address must be truthful,
accurate, current and complete. Simple Mode Technologies relies greatly on the information submitted
to us by customers. Therefore, you alone will be held accountable for any and all
loss, damage or additional costs that you, Simple Mode Technologies or anyone else may incur as
a result of false, incorrect or incomplete information that you have submitted or
due to your failure to update said information. Simple Mode Technologies reserves the right to
restrict, suspend or terminate End User account access at its own discretion as
well as the right to request proof of identity from customers if and when fraudulent
activity is suspected.
Disclaimers
1) In no event shall Simple Mode Technologies or any of its subsidiaries and affiliates be liable
for any indirect, special, incidental, consequential, punitive or exemplary losses
or damages arising from, connected with, or related to our website or this Agreement.
This stipulation includes but is not limited to loss of data, savings, income, reputation
or goodwill, anticipated or otherwise under any theory of liability (whether in
contract, tort, strict liability or any other theory of law or equity), regardless
of any negligence or other fault or wrongdoing (including without limitation: gross
negligence and fundamental breach) on the part of Simple Mode Technologies or any person for whom
Simple Mode Technologies is responsible and even if Simple Mode Technologies has been advised of the possibility
of such losses or damages being incurred.
2) You access and utilize our website and software products at your own risk. The
Simple Mode Technologies and its products are provided to customers on an as is basis, without
guarantees of any kind, whether expressed or implied and including but not limited
to claims regarding product fitness and performance, all of which are disclaimed
by Simple Mode Technologies to the fullest extent permitted by law.
Governing Law and Dispute Resolution
This agreement, your access to and use of our website, and all related matters are
governed solely by the laws of Ontario Canada and applicable federal laws of Canada.
Any dispute between you and Simple Mode Technologies or any other person arising from, connected
with or relating to our website and software products, this agreement or related
matters (collectively "Disputes") will be resolved before the Courts of Ontario,
situated in the City of Ottawa and you hereby irrevocably submit and attorn to the
original and exclusive jurisdiction of those courts with respect of all Disputes.
Severability
If any provision of this Agreement is found to be invalid or unenforceable for whatever
reason, then that provision will be deemed "severable" from this Agreement, while
the remaining provisions will continue to apply in full force and effect.