Last Updated: November 15, 2023
Please read these Terms of Service ("Terms", "Terms of Service") carefully before using our website and services operated by Mangovaya Ovsyanka ("we", "us", "our", "the Company").
Your access to and use of our services are conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use our services.
By accessing or using our services, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access our services.
We provide business consulting and professional services including but not limited to business process optimization, employee training and development, business analytics, and strategic consulting ("Services").
We reserve the right to refuse service to anyone for any reason at any time.
Our website and services contain content owned, operated, licensed, or controlled by us including, but not limited to, text, graphics, images, logos, button icons, data compilations, software, and other materials ("Content"). The Content is protected by copyright, trademark, trade dress, and other intellectual property rights.
Unauthorized use of the Content may violate copyright, trademark, and other laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Content without our prior written consent.
By submitting, posting, or displaying content on or through our services ("Your Content"), you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content in connection with providing our services.
You represent and warrant that: (i) Your Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the submission of Your Content does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
When you create an account with us, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our services.
You are responsible for safeguarding the password that you use to access our services and for any activities or actions under your password. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You agree to pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. The fees for the Services are available upon request or in the applicable service agreement.
We use third-party payment processors to bill you through a payment account linked to your account. Billing terms are determined between you and the payment processor and may vary. If you have any questions regarding billing, please contact us at [email protected].
Refunds are handled on a case-by-case basis and are subject to the terms of your specific service agreement. Unless otherwise specified, fees are non-refundable except as required by law.
During the provision of our Services, both parties may disclose confidential information to each other. Both parties agree to maintain the confidentiality of such information and to use it only for the purposes of fulfilling their obligations under these Terms and any applicable service agreement.
In no event shall Mangovaya Ovsyanka, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use our services; (ii) any conduct or content of any third party on our services; (iii) any content obtained from our services; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage.
Our liability is limited to the maximum extent permitted by law.
Our services are provided on an "AS IS" and "AS AVAILABLE" basis. We make no warranty that the services will meet your requirements, be available on an uninterrupted, timely, secure, or error-free basis, or be accurate, reliable, complete, legal, or safe.
We disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade.
These Terms shall be governed and construed in accordance with the laws of Ontario, Canada, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
Any dispute arising out of or relating to these Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration in Toronto, Ontario in accordance with the rules of the Arbitration Act (Ontario).
We may terminate or suspend your account and access to our services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use our services will immediately cease. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use our services.
These Terms constitute the entire agreement between you and Mangovaya Ovsyanka regarding our services and supersede and replace any prior agreements we might have had between us regarding the services.
If you have any questions about these Terms, please contact us at:
Mangovaya Ovsyanka
120 Carlton Street, Suite 405
Toronto, ON M5A 4K2
Canada
Phone: +1 (416) 632-4251
Email: [email protected]