terms of service

The following terms and conditions govern all use of the mandiela.ca website and all content, services and products available at or through the website (taken together, the Website). The Website is owned and operated by ahdri zhina mandiela (“mandiela”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, mandiela’s Privacy Policy) and procedures that may be published from time to time on this Site by mandiela (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by mandiela, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

  1. Your mandiela.ca Account and Site. If you subscribe to comment on posts on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your engagement with the Website. You must not describe or assign keywords to your comments in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and mandiela may remove any description, comment or keyword that it considers inappropriate or unlawful, or otherwise likely to cause mandiela liability. You must immediately notify mandiela of any unauthorized uses of your blog, your account or any other breaches of security. mandiela will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
  2. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which mandiela.ca links, and that link to mandiela.ca. mandiela does not have any control over those non-mandiela websites and webpages, and is not responsible for their contents or their use. By linking to a non-mandiela website or webpage, mandiela does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. mandiela disclaims any responsibility for any harm resulting from your use of non-mandiela websites and webpages.
  3. Copyright Infringement and DMCA Policy. As mandiela asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by mandiela.ca violates your copyright, you are encouraged to notify mandiela in accordance with mandiela’s Digital Millennium Copyright Act (“DMCA”) Policy. mandiela will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. mandiela will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of mandiela or others. In the case of such termination, mandiela will have no obligation to provide a refund of any amounts previously paid to mandiela.
  4. Intellectual Property. This Agreement does not transfer from mandiela to you any mandiela or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with mandiela. mandiela, mandiela.ca, the mandiela.ca logo, and all other trademarks, service marks, graphics and logos used in connection with mandiela.ca, or the Website are trademarks or registered trademarks of mandiela or mandiela’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any mandiela or third-party trademarks
  5. Changes. mandiela reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. mandiela may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
  6. Termination. mandiela may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your mandiela.ca account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by mandiela if you materially breach this Agreement and fail to cure such breach within thirty (30) days from mandiela’s notice to you thereof; provided that, mandiela can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
  7. Disclaimer of Warranties. The Website is provided “as is”. mandiela and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither mandiela nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
  8. Limitation of Liability. In no event will mandiela, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to mandiela under this agreement during the twelve (12) month period prior to the cause of action. mandiela shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
  9. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the mandiela Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
  10. Indemnification. You agree to indemnify and hold harmless mandiela, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
  11. Miscellaneous. This Agreement constitutes the entire agreement between mandiela and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of mandiela, or by the posting by mandiela of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the Ontario, Canada, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Ontario, Canada. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Toronto, Ontario, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; mandiela may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
  12. Changes to these terms
    We may revise these terms of use at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.
  13. Applicable law
    These terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by Canadian law. We both agree to the exclusive jurisdiction of the courts of Canada.
  14. How to contact usTo mandiela, please email info@mandiela.caThank you for visiting our site.Last Edited on 2018-05-07