Welcome to [https://www.purnaweb.ca (together with any related websites, the “Site”). The Site is owned and operated by Purna Web Agency, Inc. (“Purna Web Agency”). Please read these Terms of Use (“Terms”) carefully before using the Site. By accessing or using the Site or any of the content on the Site, you agree to be legally bound by these Terms. If you do not accept these Terms, do not use the Site or any of its Content (defined below).

You represent to Purna Web Agency that you are lawfully able to enter into contracts (e.g., you are not a minor). If you are entering into these Terms for an entity, such as the company you work for, you represent that you have authority to bind that entity and you agree that “you” as used in these Terms includes both you personally and the entity you represent. You and Purna Web Agency are collectively referred to as the “Parties” and each is a “Party”.

 1. Subscription Agreement

These Terms do not govern the use of the digital customer loyalty program service as well as other services (the “Service”) operated by Purna Web Agency. If you are accessing or using the Service, then you are subject to Purna Web Agency’s Subscription Agreement (currently available at https://purnaweb.ca/subscription/, or such other written contract as may be separately agreed and signed between you and Purna Web Agency.

 2. Purna Web Agency Content

The Site contains HTML, applications, messages, text, files, images, photos, video, sounds, profiles, works of authorship, and other content (collectively, “Content”) of Purna Web Agency or its licensors (“Purna Web Agency Content”). The Site (including the Purna Web Agency Content) is protected by copyright, trademark, trade secret, and other laws; and as between you and Purna Web Agency, Purna Web Agency owns and retains all rights in the Site and the Purna Web Agency Content. Purna Web Agency hereby grants you a limited, revocable, non-sublicensable license to access, display, and perform the Purna Web Agency Content (excluding any computer code) solely for your personal, non-commercial use and solely as necessary to access and use the Site. Except as expressly permitted by Purna Web Agency in these Terms or on the Site, you may not copy, download, stream, capture, reproduce, duplicate, archive, upload, modify, translate, create derivative works based upon, publish, broadcast, transmit, retransmit, distribute, perform, display, sell, or otherwise use or transfer any Purna Web Agency Content. You may not, either directly or through the use of any device, software, online resource, or other means, remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notice on the Purna Web Agency Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Purna Web Agency Content.

 3. Trademarks

The trademarks, logos, and service marks (“Marks”) displayed on the Site are the property of Purna Web Agency or other third parties. You are not permitted to use these Marks without the prior written consent of Purna Web Agency or such third party.

 4. Third-Party Services

The Site may make available, or third parties may provide, links to other websites, applications, resources, advertisements, Content, or other products or services created, hosted, or made available by third parties (“Third-Party Services”), and such third parties may use other third parties to provide portions of the Third-Party Service to you, such as technology, development, or payment services. When you access or use a Third-Party Service, you are interacting with the applicable third party, not with Purna Web Agency, and you do so at your own risk. Purna Web Agency is not responsible for, and makes no warranties, express or implied, as to, the Third-Party Services or the providers of such Third-Party Services (including without limitation the accuracy or completeness of the information provided by such Third-Party Service or the privacy practices of any third party). Inclusion of any Third-Party Service or a link thereto on the Site does not imply approval or endorsement of such Third-Party Service. Purna Web Agency is not responsible or liable for the Content or practices of any Third-Party Service or third party, even if such Third-Party Service links to, or is linked by, the Site.

 5. Privacy

Please review Purna Web Agency’s Privacy Policy for the Site (“Privacy Policy”), available at [https://purnaweb.ca/privacy-policy/](https://purnaweb.ca/privacy-policy/), to learn about Purna Web Agency’s information collection, usage, and disclosures practices with respect to information collected by Purna Web Agency through the Site.

 6. Acceptable Use

Your use of the Site is subject to Purna Web Agency’s Acceptable Use Policy available at [https://app.purnaweb.ca/promo/gdpr/acceptable-use-policy](https://app.purnaweb.ca/promo/gdpr/acceptable-use-policy). Purna Web Agency is not responsible or liable for any user Content or conduct on the Site. If you become aware of any misuse of the Site, please report such misuse immediately to Purna Web Agency at [email protected].

 7. Compliance with Laws

You represent that, in agreeing to, and performing under, these Terms, you are not violating, and will not violate, any governmental laws, rules, regulations, or orders that are applicable to your use of the Site (“Applicable Laws”). Without limiting the foregoing, you represent that, in connection with your performance under these Terms, you shall: (a) comply with Applicable Laws relating to anti-bribery and anti-corruption, which may include the Canadian Corruption of Foreign Public Officials Act; (b) comply with Applicable Laws administered by Canadian regulatory bodies, including export controls and trade sanctions (“Export Laws”), including designating countries, entities, and persons (“Sanctions Targets”); and (c) not directly or indirectly export, re-export or otherwise deliver any Purna Web Agency software, content, or services to a Sanctions Target, or broker, finance, or otherwise facilitate any transaction in violation of any Export Laws. You represent that you are not a Sanctions Target or prohibited from receiving Purna Web Agency software, content, or services pursuant to these Terms under Applicable Laws, including Export Laws.

 8. Global Availability

Purna Web Agency controls the Site from Ontario, Canada. If you use this website from other locations, you are responsible for compliance with local Applicable Laws. Purna Web Agency makes no representation that the products and services referenced herein are appropriate, or available, worldwide.

 9. Indemnity

You agree to defend, indemnify, and hold harmless Purna Web Agency, its affiliates, and their respective employees, contractors, agents, officers, and directors from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, or expenses (including without limitation attorneys’ fees) arising out of or related to any claim, suit, action, or proceeding by a third party arising out of or relating to your use of the Site, breach of these Terms (including any Purna Web Agency policy referenced in these Terms), violation of law, or any Content that you post, upload or cause to interface with the Site, or otherwise transfer, process, use or store in connection with the Site.

 10. Disclaimers

THE SITE AND ALL CONTENT AND OTHER ITEMS MADE AVAILABLE BY PURNA WEB AGENCY ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. PURNA WEB AGENCY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (i) ERRORS, MISTAKES OR INACCURACIES OF DATA OR INFORMATION POSTED, DISPLAYED, PUBLISHED OR MADE AVAILABLE FOR DOWNLOAD OR USE ON THE SITE, (ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM USE OF THE SITE, (iii) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, OR (iv) THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY NOT UNDER PURNA WEB AGENCY’S CONTROL.

 11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (a) IN NO EVENT SHALL PURNA WEB AGENCY, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING TO THE SITE; AND (b) IN NO EVENT SHALL PURNA WEB AGENCY’S CUMULATIVE AND AGGREGATE LIABILITY UNDER THESE TERMS EXCEED TWO HUNDRED CANADIAN DOLLARS. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

 12. Responsibility for End Users

You are responsible for violations of these Terms by anyone using the Site with your permission or

 using your account on an unauthorized basis. Your use of the Site to assist another person in an activity that would violate these Terms if performed by you is a violation of these Terms. These Terms applies to anyone accessing or using the Site; however, each provision in these Terms shall be interpreted to include, and apply to, any action directly or indirectly taken, authorized, facilitated, promoted, encouraged or permitted by a user of the Site, even if such person did not themselves violate the provision.

 13. Termination and Monitoring

13.1. If you violate these Terms, Purna Web Agency may suspend or terminate your use of the Site. Purna Web Agency’s right to suspend or terminate your use of the Site applies even if a breach is committed unintentionally or without your authorization if Purna Web Agency believes that suspension or termination is necessary to ensure compliance with Applicable Laws or to protect the rights, safety, privacy, security, or property of Purna Web Agency, its customers or third parties.

13.2. Purna Web Agency reserves the right, but does not assume the obligation, to investigate any violation of these Terms or misuse of the Site. Purna Web Agency has the right in its sole discretion to edit, refuse to post or remove any Content posted, displayed, published, or made available for download or use on the Site that Purna Web Agency finds to be in violation of these Terms. Purna Web Agency may report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Such reporting may include disclosing appropriate customer data. Purna Web Agency also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations.

 14. Electronic Communications

When you visit the Site or send emails to Purna Web Agency, you are communicating with Purna Web Agency electronically; and you consent to receive communications from Purna Web Agency electronically. Purna Web Agency will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that Purna Web Agency provides to you electronically satisfy any legal requirement that such communications be in writing.

 15. Modifications

Purna Web Agency may modify these Terms at any time by posting a revised version on the Site. By accessing the Site, you agree to the latest version of these Terms.

 16. Governing Law

This Agreement will be interpreted, construed, and enforced in all respects in accordance with the laws of the Province of Ontario, without reference to its choice of law principles. Any legal action or proceeding arising under or relating to this Agreement shall be brought exclusively in the courts located in Ontario, Canada, and the Parties expressly consent to personal jurisdiction and venue in those courts.

 17. Miscellaneous

These Terms constitute the complete and exclusive statement of the agreement between the Parties and supersede all proposals, oral or written, and all other communications between the Parties relating to the subject matter of these Terms. In the event any information posted on the Site from time to time conflicts with any provision of these Terms, the applicable provision of these Terms shall control. Any terms and conditions of any other instrument issued by you in connection with these Terms which are in addition to, inconsistent with, or different from these Terms shall be of no force or effect. These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Purna Web Agency. You may not assign, transfer, or sublicense all or any of your rights or obligations under these Terms without Purna Web Agency’s express prior written consent. Purna Web Agency may assign, transfer, or sublicense all or any of Purna Web Agency’s rights or obligations under these Terms without restriction. The failure of Purna Web Agency to exercise or enforce any condition, term, or provision of these Terms will not operate as a waiver of such condition, term, or provision. Any waiver by Purna Web Agency of any condition, term, or provision of these Terms shall not be construed as a waiver of any other condition, term, or provision. If any provision of these Terms is held invalid or unenforceable, the remainder of these Terms shall continue in full force and effect. You agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Purna Web Agency will not be responsible for failures to fulfill any obligations due to causes beyond its control. Non-English translations of these Terms are provided for convenience only. In the event of any ambiguity or conflict between translations, the English version is authoritative and controls.

 18. Contact

Please contact Purna Web Agency at [email protected] with any questions regarding these Terms.