Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the www.exomeridian.com website and the services provided by Exomeridian (the “Service”) operated by Exomeridian Cloud Services Inc. (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, subscribers, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your name, phone number, email address, physical address, credit card, and account information. This information is provided to us to facilitate service delivery to you.
Unless otherwise specified pricing of the services is in Canadian Dollars.
Subscriptions and Service Plans
New accounts will be set up within one business day of payment and receipt of your order. Your account credentials will be emailed to the email account that you have entered during the purchasing process.
Account subscriptions start on the day the account credentials are emailed to you. If you have not received your credentials within two business days of purchase, please reach out to our customer support team.
If your account is up for renewal, please sign in to the store and purchase the corresponding subscription prior to your expiry date to ensure uninterrupted access to your data. For preexisting accounts, any purchases for service plans made through the online store represent renewals, and/or upgrades/downgrades.
Upgrades and Downgrades
Any plan can be upgraded by purchasing the corresponding service plan through the online store at any time using your account. A preexisting plan will be upgraded upon the date of purchase and subsequent expiration dates will be modified to reflect the credit associated with any unused prior account time.
Downgrades work the same way. Accounts can be downgraded at any time by purchasing the desired plan through the online store. The account will be downgraded upon the date of purchase of this account type and subsequently expiration dates will be adjusted to reflect any unused credits associated with the previous plan type.
Many of the Service have set expiration dates. These expiration dates are set at the time of purchase and/or renewal. For service plans that have set expiration dates, upon the date of expiry, access to the expired account will be revoked. You will have one (1) business week (five (5) business days) to purchase a renewal before the account data is permanently removed. This period is known as the “Grace Period.”
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are solely responsible for the content that you produce, upload, share or store within the service. This content must not contain any information, pictures, media, links, reference or data that is in violation of any law or statute within Canada.
From time to time we may be compelled by law to provide access to information relating to your account to law enforcement agencies. Please be aware that we will comply with any lawful requests from any legal authority for access to this information.
Termination for Violation
If we are made aware that the service is being used for unlawful purposes or in contravention of these terms and conditions from your account, we reserve the right to terminate your access immediately without refund and return of your data.
We reserve the right at any time to discontinue the Service to you. We will provide you with thirty (30) days advanced notice as a courtesy to provide for time to find an alternative service provider.
You may terminate your service at any time by:
- Allowing your account to lapse past the “Grace Period”
- Providing one (1) week notice of your termination date. Any unused amounts in excess of $5 will be refunded to you.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by us.
We have no control over, and we assume no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
Limitation of Liability
EXCEPT WHERE PROHIBITED, AND TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL EXOMERIDIAN CLOUD SERVICES INC., ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, DIRECTORS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, GOODWILL, USE OR ACCESS TO THE SERVICE) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, NEGLIGENCE OR OTHERWISE, EVEN IF EXOMERIDIAN CLOUD SERVICES INC. HAS BEEN ADVISED TO THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF EXOMERIDIAN CLOUD SERVICES INC. AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS, RELATING TO THE SERVICES WILL BE LIMITED TO THE GREATER OF AN AMOUNT EQUAL TO ONE (1) MONTH OF YOUR SERVICE FEES OR FIVE DOLLARS ($5.00 CAD). THE LIMITATIONS AND EXCLUSIONS ALSO APPLY IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, IN SUCH EVENT THIS LIMITATION WILL NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY LAW.
Disputes arising out of the use of the Service shall be governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein. Any legal actions or proceedings with respect to these Terms and/or your use of the Service shall be brought in the courts of the Province of Alberta in Edmonton. You hereby attorns to and accepts the jurisdiction of such courts.
Changes to the Terms of Service
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If the revision is material we will try to provide at least thirty (30) days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
If you have any questions about these Terms, please contact us.
Last updated: 24 February 2021