Personal information is any information about an identifiable individual, such as contact details and usernames/passwords. Aggregate information that cannot be associated with a specific individual, such as the number of newsletter subscribers we serve, is not personal information.
You can visit thinkITB.com on the Internet without telling us who you are or revealing any information about yourself. We only collect your personal information when you specifically and knowingly provide it on our site.
ITbrotherhood.com respects the confidentiality of information shared by and/or with its business partners. Confidential information is only collected, used and disclosed by thinkITB.com in accordance with this Information Policy. thinkITB.com reserves the right to amend this policy at any time and for any reason. An up-to-date policy will always appear on this webpage.
Unauthorized lending or distribution of information delivered by and/or within email, standard post mail and verbal disclosure is prohibited. The information is only for the personal use of the intended recipient. In consideration of receiving our thinkITB.com information, you agree and acknowledge that we disclose confidential information. This material may not be sent or given to anyone without prior written consent. By receiving this information you are bound by this agreement.
Our mutual objective under this Agreement is to provide protection for confidential information (Information) while maintaining our ability to conduct our respective business activities. Each of us agrees that the following terms apply when one of us (Discloser) discloses Information to the other (Recipient).
Information will be disclosed either: in writing; by delivery of items; by initiation of access to Information, such as may be in a data base; or by oral or visual presentation.
Information should be marked with a restrictive legend of the Discloser. If Information is not marked with such legend or is disclosed orally, the Information will be identified as confidential at the time of disclosure.
The Recipient agrees to: use the same care and discretion to avoid disclosure, publication or dissemination of the Discloser’s Information as it uses with its own similar information that it does not wish to disclose, publish or disseminate; and use the Discloser’s Information for the purpose for which it was disclosed or otherwise for the benefit of the Discloser.
The Recipient may disclose Information to: its employees who have a need to know, and employees of any legal entity that it controls, controls it, or with which it is under common control, who have a need to know. Control means to own or control, directly or indirectly, over 50% of voting shares; and any other party with the Discloser’s prior written consent.
Before disclosure to any of the above parties, the Recipient will have a written agreement with the party sufficient to require that party to treat Information in accordance with this Agreement. The Recipient may disclose Information to the extent required by law. However, the Recipient will give the Discloser prompt notice to allow the Discloser a reasonable opportunity to obtain a protective order.
Information disclosed under this Agreement will be subject to this Agreement for two years following the initial date of disclosure unless an alternate end date is specified herein.
exceptions to obligations
The Recipient may disclose, publish, disseminate, and use Information that is: already in its possession without obligation of confidentiality; developed independently; obtained from a source other than the Discloser without obligation of confidentiality; publicly available when received, or subsequently becomes publicly available through no fault of the Recipient; or disclosed by the Discloser to another without obligation of confidentiality
The Recipient may use in its business activities the ideas, concepts and know-how contained in the Discloser’s Information which are retained in the memories of Recipient’s employees who have had access to the Information under this Agreement.
THE DISCLOSER PROVIDES INFORMATION WITHOUT WARRANTIES OF ANY KIND.
The Discloser will not be liable for any damages arising out of the use of Information disclosed under this Agreement. Neither this Agreement nor any disclosure of Information made under it grants the Recipient any right or license under any trademark, copyright or patent now or subsequently owned or controlled by the Discloser.
This Agreement does not require either of us to disclose or to receive Information. Neither of us may assign, or otherwise transfer, its rights or delegate its duties or obligations under this Agreement without prior written consent. Any attempt to do so is void.
The receipt of Information under this Agreement will not in any way limit the Recipient from: providing to others products or services which may be competitive with products or services of the Discloser; providing products or services to others who compete with the Discloser; or assigning its employees in any way it may choose.
The Recipient will comply with all applicable export and import laws and regulations. Only a written agreement signed by both of us can modify this Agreement. Either of us may terminate this Agreement by providing one month’s written notice to the other. Any terms of this Agreement which by their nature extend beyond its termination remain in effect until fulfilled, and apply to respective successors and assignees. Both of us consent to the application of the laws in Ontario to govern, interpret, and enforce all of your and our rights, duties, and obligations arising from, or relating in any manner to, the subject matter of this Agreement, without regard to conflict of law principles.
Access to and Use of Our Site
Our online websites, *.thinkITB.com, are operated by thinkITB. All contracts are in the English language by default. Access to Our Site is free of charge. It is your responsibility to make any and all arrangements necessary in order to access Our Site. Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period. Portions and or content of Our Site may be provisioned or managed by 3RD party and have explicit extended terms and conditions of use. Use of Our Site is subject to all our B2B Policies available online at thinkITB.com. Please ensure that you have read them carefully and that you understand them.
Business Customers and Consumers
These Terms of Sale apply to business customers only. These Terms of Sale constitute the entire agreement between Us and you with respect to your purchase from Us. You acknowledge that you have not relied upon any statement, representation, warranty, assurance, or promise made by or on behalf of Us that is not set out in these Terms of Sale and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based upon any statement herein.
Goods & Services, Pricing and Availability
We make all reasonable efforts to ensure that all descriptions and graphical representations of Services available from Us correspond to the actual Services. Please note, however, images of Goods & Services are for illustrative purposes only.
Where appropriate, you may be required to select the required quantity, of the Services that you are purchasing. We cannot guarantee that Services will always be available. We make all reasonable efforts to ensure that all prices shown on Our Site are correct.
We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. In the unlikely event that We have published incorrect pricing information, We will contact you in writing to inform you of the mistake. 3RD party manufacturer price changes are reflected on your next billable subscription renewal without notice. Prices on Our Site are shown exclusive of regional taxes.
Delivery charges are not included in the price of Services displayed on Our Site. For more information on delivery charges, please refer to Cart. Delivery options and related charges will be presented to you as part of the order process.
Orders – How Contracts Are Formed
Before submitting your Order, you will be given the opportunity to review your Order and amend it. All submitted orders are considered non-cancellable and subject to these terms and any 3rd party subscription Services terms also. Please ensure that you have checked your Order carefully before submitting it. If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We incur any costs as a result of your incorrect or incomplete information, We may pass those costs on to you.
Only once We have sent you an Order Confirmation will there be a legally binding Contract between Us and you.
Order Confirmations shall contain the following information: your Order Number; confirmation of the Services ordered including full details of the main characteristics; fully itemised pricing for the Services ordered including, where appropriate, taxes, delivery and other additional charges.
Fees & Payment
Payment for Services and related delivery charges must always be made in accordance with your thinkITB client payment terms (see MSA) and/or you will be prompted to pay during the order process.
Invoice(s) for subscription licenses, consultation, goods & materials and scheduled, ad-hoc & professional services will be delivered via email monthly or at time of use as deemed best by THINKITB. Any fee estimates provided for work to be billed on an hourly or daily basis are for informational purposes only; Client agrees to pay for the actual services provided by THINKITB at the specified rate.
Delivery, Risk and Ownership
All Services purchased through Our Site will normally be provisioned immediately after the issue of Our Order Confirmation unless otherwise agreed or specified during the Order process (subject to delays caused by events outside of Our control). If We are unable to deliver the Services on the delivery date, the following will apply: If unable to receive the Services and if We cannot contact you or arrange redelivery or collection, We will treat the Contract as cancelled and recover the Services. We may also bill you for any reasonable additional cost that We incur in recovering the Services.
Ownership of the Services passes to you once We have received payment in full of all sums due (including any applicable delivery charges).
Faulty, Damaged or Incorrect Services
You must give Us written notice of the non-compliance within a reasonable time of discovering it. You must give Us a reasonable opportunity to examine the Services in question. Refunds will be made using the same payment method that you used when ordering the Services.
Will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, interruption to business, for any loss of business opportunity, or for any indirect or consequential loss arising out of or in connection with any contract between you and Us or for any other matter in respect of which liability cannot be excluded or restricted by law.
Events Outside of Our Control (Force Majeure)
We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any causes that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
Other Important Terms
We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them. You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.
The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale. If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale as they relate to your Order, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them.
Law and Jurisdiction
These Terms of Sale, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English language law. Any disputes concerning these Terms of Sale, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the appropriate courts.
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