By registering on the Website or using the Elementary Librarian Community, you (with respect to users of the Elementary Librarian Community, the terms "you" or "yours" include the person or entity that is registered with the Elementary Librarian Community as well as any third parties authorized to access the Elementary Librarian Community on that person or entity's behalf) acknowledge that you have read, understood and agreed to the entirety of these Terms of Service. SURESWIFT CAPITAL strongly advises you to print and/or save a copy of the Terms of Service.
These Terms of Service may be amended from time to time. It is the Client’s responsibility to review these Terms of Service frequently and to remain informed of any changes implemented. The Client agrees that the continued use of the Service after such changes to the Terms of Services have been published will constitute the Client’s acceptance of such revised terms.
In this Agreement, words or phrases beginning with a capital letter shall have the following meanings:
“Account” means the account of the Client after entering into the Agreement, which enables the Client to use the Service.
"Client" means the individual or legal entity, professional only, with whom SURESWIFT CAPITAL entered this Agreement and whose name and address appear on the Account. The Client and SURESWIFT CAPITAL are hereinafter collectively referred to as the “Parties” or individually as a “Party”.
"Elementary Librarian Community" means all content, services, features, activities and products available at or through the Website, as well as any related applications, developed and published by SURESWIFT CAPITAL.
“Personal Data” means any information relating to a natural person who is or can be identified, directly or indirectly.
“Content” means any data, whether personal or not, contained in the information provided by the Client to the Elementary Librarian Community and processed through the Elementary Librarian Community.
"Documentation" means all documents that may be viewed, printed, sent and/or downloaded in electronic form from the website www.elementarylibrarian.com, including the knowledge base https://elementarylibrarian.com/contact-us, and the blog https://elementarylibrarian.com/blog, describing the functionalities of the Service and the Elementary Librarian Community.
"Client Data” means personal data, reports, addresses, and other files, folders or documents in electronic form that a User of the Service stores within the Service to be processed through the Elementary Librarian Community;
"Service" means the grant of access to the Elementary Librarian Community by SURESWIFT CAPITAL and the use of the Elementary Librarian Community in SaaS mode by the Client, whether through the website www.elementarylibrarian.com under the terms and conditions set out in the Agreement.
"Subscribed Plan" means the fee-based plan subscribed by the Client for a fixed monthly or an annual period, which appears on the Account (and then possibly modified by the Client). The Service is provided through separate offers, which functionalities are described on the website www.elementarylibrarian.com, or through specific tailored offer (s).
“External Application Programming Interface” or “External API” means an external web service to the Elementary Librarian Community, being webapps (API) or the Client's scripts, to which the Client may send Content.
2. PURPOSE OF THE AGREEMENT
The purpose of this Agreement is to set out the conditions under which SURESWIFT CAPITAL provides the Service to the Client, who accepts it, a nonexclusive and nontransferable right to use the Elementary Librarian Community. In exchange, the Client agrees to pay the contractual fee and to comply with all requirements set out in the Terms of Service.
3. SERVICE DESCRIPTION, ACCESS AND AVAILABILITY
3.1. Description Of The Service
Elementary Librarian Community is a hosted on-line locator service, that allows visitors of the Client websites find locations of their business within proximity of an address or postal code or within a selected region.
The Service does not include any storage service. The Client understands that he/she/it is has the sole responsibility to ensure by all means available that all data contained in Product are saved and registered. SURESWIFT CAPITAL excludes any liability in the event of a loss of User Data
3.2 Account Registration And Access
To register for the Service and create an account, you must complete the registration process by providing us with the information prompted by the registration form, including e-mail address (username), password, and billing information. You agree to provide us with complete and accurate information when you register for the Service, and to keep such information up to date.
You shall protect your username and password and are solely responsible for activities that occur under or through your account, including activities initiated by third parties, whether or not such activities are authorized by you. If you allow a third party to access the Elementary Librarian Community on your behalf, you shall ensure that such third party is bound by, and abides by, the terms of this Agreement. You agree to notify SURESWIFT CAPITAL immediately of any unauthorized use of your account or any other breach of security relating to your account or your use of the Elementary Librarian Community. SURESWIFT CAPITAL employees may access your account, or information associated with your account, to provide support or maintenance, for security-related reasons, or any other business purpose. You acknowledge and consent to such access.
3.3. Availability And Support
The Service is available to the Client 24 hours a day, 7 days a week during the term of the Agreement and within the limits set out in the Agreement. Support for the Services is only available in English, via email ([email protected]). Various questions and concerns of the Client may find a quick answer by visiting https://elementarylibrarian.com/contact-us/.
4. COLLECTED DATA
When registering to and while using the Elementary Librarian Community, SURESWIFT CAPITAL collects, on a voluntary basis, from the Client a limited number of data, including Personal Data, which is solely for the performance of the Elementary Librarian Community and used in connection with the Elementary Librarian Community. All data provided to the Elementary Librarian Community, including Personal Data, Content and Client Data will not be freely given to anyone. We do not, under any circumstances, sell either your Personal Data, Content and Client Data. Only authorized employees of the Elementary Librarian Service have access to view Personal Data, Content and Client Data.
5. PRICING, INVOICING AND CANCELLATION
5.1 Subscription Terms
A specific pricing applies to any monthly or annual subscription plan, which are detailed under the page https://elementarylibrarian.com/lesson-plan-options. The pricing is exclusively in the expressed currency. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and the Client shall be responsible for payment of all such taxes, levies, or duties in its jurisdiction.
The billing cycle remains unchanged and the invoicing will include the details as to the pro rata. In the event of an amendment of the Client’s Subscribed Plan or a change from the Subscribed Plan to a free Account, the Client shall not be entitled to a refund. Further details on how changes and cancellations of Subscribed Plans are handled can be found here: https://elementarylibrarian.com/refunds-and-cancellations
5.2 Account Cancellation
The only valid method for canceling your Plan is to send a cancellation request through this link https://elementarylibrarian.com/cancel.
If you cancel your Plan before the end of your current pre-paid period, you will not be charged again for your Plan beginning with the next billing cycle. If you cancel your Plan, you will lose all access, upon processing your cancellation request, to the Elementary Librarian and any data or information stored in your account.
- MODIFICATION OF SERVICE AND PRICING
SURESWIFT CAPITAL reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. Prices of all Services, for the monthly or annual subscription plan to the Service, are subject to changes at any time. Such notice may be provided at any time by posting the changes on the website www.elementarylibrarian.com, or the Service itself. Such changes shall not apply for the ongoing Subscribed Plans and shall only apply for the Subscribed Plans entered after the modification of pricing.
7. TERM AND TERMINATION
The Agreement will be effective after the creation of an Account by the Client and will remain in effect until its termination by either Party. The minimal duration of the Agreement is one (1) month as from the date of the subscription of a monthly Subscribed Plan and one (1) year as from the date of the subscription of an annual Subscribed Plan.
All Subscribed Plans will renew for successive periods of the same duration by tacit agreement, unless terminated by either Party by email (for the Client: to the Client’s email address provided in the Account; for SURESWIFT CAPITAL : [email protected]) at least 7 (seven) working days before the end of the Subscribed Plan. It is the sole responsibility of the Client to anticipate the end of the Subscribed Plan, which consequences will be borne exclusively by the Client. No amount received in advance by SURESWIFT CAPITAL for the Subscribed Plan will be refunded. All Content will be automatically deleted from the Service at the termination date of the Agreement. The Client is aware that the Content cannot be recovered after the termination date of the Agreement.
8. GRANTING AND UNDERTAKING OF SURESWIFT CAPITAL
SURESWIFT CAPITAL undertakes to use all reasonable and human resources to provide the Service, subject to (i) the full payment by the Client of the contractual fees and (ii) interruptions, suspension or discontinuance of all or any portion of the Service due to maintenance, service disruption or failure external to SURESWIFT CAPITAL. For maintenance operations, SURESWIFT CAPITAL will endeavour to inform the Client in advance by email or via the website www.elementarylibrarian.com. The temporary interruptions of the Service, of any kind, will under no circumstances give rise to indemnification of any kind to the Client’s benefit. Any service not expressly provided for in the Agreement, such as training, support, etc., shall be subject to a separate agreement, based on a quotation established according to SURESWIFT CAPITAL’s applicable rates.
10. GRANTINGS AND UNDERTAKINGS OF THE CLIENT
The Client, who enters into the Agreement on behalf of a company or other legal entity, grants that he/she/it has the authority to bind such entity and its affiliates. The Client grants to be a natural or a legal entity, acting as a professional, excluding any robots. Accounts registered by "bots" or other automated methods are not permitted.
The Client undertakes to :
- acquire the necessary hardware and software, and to subscribe to telecommunications services (internet access) required to remotely use the Service. The costs for such equipment and for Internet access services are exclusively borne by the Client;
- ensure that the Client is trained to use the Service and Internetbased technologies;
- maintain the security of the Account and the related password; accurately transmit, under his/her/its sole responsibility, all information required for the performance of the Agreement and warrants the accuracy of such information. The Client hence commits to report any change to these information;
- pay the contractual fees under the conditions set out in the Agreement;
- respect SURESWIFT CAPITAL’s intellectual property rights;
- refrain from using the Service in conditions that may impair the functioning or safety of the Service;
- refrain from modifying, adapting or hacking the Service or modify another website so as to falsely imply that it is associated with the Service, or with SURESWIFT CAPITAL;
- refrain from reproducing, duplicating, copying, selling, reselling or exploiting any portion of the Service, use of the Service, or access to the Service without the written permission by SURESWIFT CAPITAL;
- refrain from using the Services in any manner that is inconsistent with user documentation, if any, supplied to you by SURESWIFT CAPITAL or inconsistent with SURESWIFT CAPITAL standard security procedures, if any, accessible through your user interface;
- refrain from removing, obscuring or alter any legal notices, including notices of intellectual property rights appearing in or on any materials delivered to you by Elementary Librarian;
- refrain from using, posting, transmitting or introducing any device, software or routine that interferes or attempts to interfere with the operation of the Services;
- refrain from using the Services, or any part of Elementary Librarian Community, for academic research or research unrelated to your Visitors or the web page(s) registered for use with the Services, contemplated litigation, scholarship, or any other unintended purpose;
- refrain from posting or transmitting any libelous, defamatory, indecent, obscene, abusive or pornographic message, data, image or program;
- refrain from posting or transmitting any message, data, image or program that would violate any property rights of others;
- refrain from uploading or downloading files that contain software or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own or control the rights to such files or have received all necessary consents.
The Service is provided on an “as is” basis and “as available” basis. The Service shall not substitute any other function in the Client’s organization. The information given by SURESWIFT CAPITAL is provided solely for the use of the Service but not for the Client’s organization. SURESWIFT CAPITAL has an obligation of means and does not provide any implicit or explicit warranty as to the use of the Service.
The use of the Service is provided at the Client's sole risk. The Client understands that the technical processing and transmission of the Service including all content given by and received by Users may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. SURESWIFT CAPITAL does not warrant that (i) the Service will meet the specific requirements of the Client, (ii) the Service will be uninterrupted, timely, secure, or errorfree, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any information, or other material obtained by the Client through the Service will meet the Client's expectations, and (v) any errors in the Service will be corrected.
The Content is kept by SURESWIFT CAPITAL to the extent that it allows performance of the Service, which includes long-term data storage. It is additionally the Client's responsibility to ensure the storage and registration of all of his/her/its data. SURESWIFT CAPITAL shall not be held responsible for any loss of User Data.
SURESWIFT CAPITAL excludes any liability for the suspension of the Account. The Client understands that SURESWIFT CAPITAL uses third party vendors and hosting partners to provide the necessary hardware, software, networking, billing, storage, and related technology required to run the Service. The Clients also understands that, while the Elementary Librarian Community offers tools to easily set up a connection with such systems, External APIs are published and maintained by an independent provider external to SURESWIFT CAPITAL. The Client is therefore solely liable as to the transfer, the download or any use of User Data to or through an External API, excluding any liability of SURESWIFT CAPITAL. The Client is aware that he/she/it may have to enter into a specific and separate agreement as to the use of the External API.
SURESWIFT CAPITAL excludes any liability in the events of:
- a downgrading of the Service;
- loss of User Data, features, or capacity of the Client's Account;
- a modification, price change, suspension or discontinuance of the Service;
- a loss or damage from Client’s failure to comply with the Client's undertakings, including his/her/its security obligation.
The Client expressly understands and agrees that SURESWIFT CAPITAL shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if SURESWIFT CAPITAL has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute services resulting from any services purchased through or from the Service; (iii) unauthorized access to or alteration of the Processed Emails, Content or Parsed Content; (iv) statements or conduct of any third party on the Service; (v) or any other matter relating to the Service.
In any case, the overall liability of SURESWIFT CAPITAL is strictly limited to the overall fees paid by the Client for the ongoing Subscribed Plan.
11. INTELLECTUAL PROPERTY RIGHTS
11.1. SURESWIFT CAPITAL Ownership And Undertakings
All intellectual property rights on the Elementary Librarian Community and all content available on the website www.elementarylibrarian.com remain the sole property of SURESWIFT CAPITAL. SURESWIFT CAPITAL warrants that it has developed the Elementary Librarian Community and owns the intellectual property rights to the Elementary Librarian Community and all elements used to provide the Service.
SURESWIFT CAPITAL undertakes not to claim any ownership on the User Data and Content processed through the Service, which remain the sole property of the Client.
11.2. The Client’s Ownership And Undertakings
The Client remains the owner of all Data and Content processed under the Agreement.
The Clients undertakes to refrain from any act or behavior that may directly or indirectly affect the intellectual property rights owned by SURESWIFT CAPITAL, such as but not limited to, the intellectual property rights owned on the Elementary Librarian Community, the related trademark and logo used by SURESWIFT CAPITAL. The Client grants SURESWIFT CAPITAL against any claim, demand, suit or proceedings made or brought against SURESWIFT CAPITAL by a third party alleging that the Content, the use of the Service in violation of the Agreement, infringes, misappropriates the intellectual property rights of a third party or violates applicable law and regulation. The Client undertakes to indemnify SURESWIFT CAPITAL for any damages awarded against, and for reasonable legal fees (including attorney’s fees) incurred by SURESWIFT CAPITAL in connection with any such claim, demand, suit or proceedings, provided that SURESWIFT CAPITAL (i) promptly informs the Client in writing of the claim, demand, suit or proceeding, (ii) gives the Client the sole control of the defense and settlement of the claim, demand, suit or proceedings (such settlement may be entered to the extend that said settlement releases unconditionally SURESWIFT CAPITAL of its liability) and (iii) provides the Client with all reasonable assistance. All fees incurred will be borne exclusively by the Client.
The Client is considered the data controller within the meaning of the Act n°7817 of 6 January 1978 on information technology as well as European Union’s 2018 General Data Protection Regulation, data files and civil liberties, in regards to all User Data provided within the framework of the Agreements. The Client therefore undertakes expressly to comply with all applicable data protection regulations and to carry out any necessary formalities.
13. GDPR COMPLIANCE
SURESWIFT CAPITAL and the Client undertake to keep confidential all information and documents concerning each Party, of any nature whatsoever, to which the relevant Party may have referred to, or provided, during the performance of the Agreement. The above shall not prevent SURESWIFT CAPITAL to mention its commercial relationship with the Client, as provided below.
15. FORCE MAJEURE
SURESWIFT CAPITAL uses all technical means which may be reasonably used for the performance of the Service. SURESWIFT CAPITAL shall therefore not be held liable in the event that the Service is not available in the case of force majeure, including but not limited to, network failure, strike, natural disaster, earthquake, public telecommunication network failure, failure of Internet connection due to private or public agents to which SURESWIFT CAPITAL relies upon. The Client waives any right to indemnity of any nature whatsoever in the event of force majeure and SURESWIFT CAPITAL shall not be held liable for any cost incurred due to the impossibility to use the Service.
At any time and at its own discretion, SURESWIFT CAPITAL reserves the right to assign, subcontract, transfer and / or provide all or part of the rights and obligations subject of the Agreement to a third party in any form whatsoever. This Agreement constitutes the entire Agreement between the Parties with respect to the subject matter hereof. It supersedes all prior negotiations, contracts, and undertakings between the Parties with respect to such matter.
The fact that one of the Parties did not request the application of any provision of this Agreement shall in no event be deemed or interpreted as a waiver of the right that Party has under this provision.
The Client allows SURESWIFT CAPITAL to mention its company name or name and the Service provided for commercial purpose only.
17. CHOICE OF LAW AND JURISDICTION
The Agreement is subject to the laws of Canada. Any dispute, controversy or claim arising under, out of or relating to the validity, interpretation and performance of the Agreement shall be referred to and finally determined by the competent courts of the Province of British Columbia and British Columbia law shall apply.