Terms and Conditions

Please read the following terms carefully as use of the www.KYIKYI.com site means that you agree to them.

The www.KYIKYI.com website (the “Site”) is a service of Kyi Kyi. These Terms and Conditions of Use, along with any other terms and conditions that may appear on the Site from time-to-time (collectively, “Terms”), set forth the terms and conditions under which you may use and access the Site. BY ACCESSING THE SITE, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS (WITHOUT MODIFICATION), YOU ARE NOT AUTHORIZED TO ACCESS OR OTHERWISE USE THE SITE. Even though you may “bookmark” this Site or a particular portion of this Site, and thereby bypass these Terms and Conditions of Use, your use of this Site will continue to bind you to the Terms and Conditions of Use.

Use of this Site

The rights in the designs, pictures, logos, photographs and content of this site are owned by or licensed to KYI KYI. They are protected by copyright, trademarks and other intellectual property rights. You may not copy, reproduce, modify, distribute, republish, display, post or transmit any part of this Site without the written permission of KYI KYI.

 Registration

Certain areas of the Site may require or permit registration. If you register or provide information to us in any manner, you agree to provide only true, accurate, current and complete information. All information submitted to us shall be governed by our Privacy Policy posted at the Site and these Terms. If we issue a username and/or password to you, you agree to protect such information by, among other things, keeping your password and other information relating to your account confidential. If, despite the foregoing obligation, you allow another party to use your account, you will be responsible for all use of, and any orders placed through, the Site by the party using your account.
 
Liability

We try to ensure the accuracy of all of the content. However, we do not accept any liability for the use made by you of the content. The content of this site should only be used for information purposes and you should not rely on it to make (or refrain from making) any decision or take (or refrain from taking) any action.

The site is for your personal use and is not to be used for any commercial purpose. As a result, KYI KYI products will not be responsible in any circumstances for your loss of profits. KYI KYI will also not be responsible for any loss including wasted expenditure, corruption or destruction of data unless the loss results from KYI KYI products has done wrong.

KYI KYI is not liable for any damages or losses resulting from your inability to use this Site. KYI KYI cannot promise that the Site will be uninterrupted or entirely error free. Because of the nature of the Internet, the site is provided on an "as available" basis. KYI KYI will not be responsible to you if we are unable to provide the Site for any reason beyond our control.

Content and advertisements

This Site also provides links to and content from other Internet sites and resources. Because KYI KYI products as no control over these sites and resources, you acknowledge and agree that KYI KYI is not responsible for the availability of these external sites or resources and does not endorse and is not responsible for any content, advertising products, services or other materials on or available from these sites or resources.

Data protection and privacy

Any details which you provide to us from which we can identify you are held and processed in accordance with our privacy policy.

Governing law and jurisdiction

The Website is controlled and operated by KYI KYI from Montreal, Province of Quebec, Canada. The Agreement shall be construed and interpreted in accordance with the laws of the Province of Quebec and the laws of Canada applicable therein and shall be treated in all respects as a Quebec contract, without reference to principles of conflict of law. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

No Assignment

You may not assign your rights or obligations under the Agreement without the express written consent of KYI KYI.

Successors and Assigns

The Agreement shall inure to the benefit of and be binding upon each of the parties hereto and their respective successors and permitted assigns.

Severability

The provisions of the Agreement shall be deemed severable. In the event that any provision of the Agreement is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

Entire Agreement

The Agreement, together with all other agreements, terms or conditions incorporated or referred to herein constitute the entire agreement between you and KYI KYI relating to the subject matter hereof, the use of the Website and any transactions conducted on or from the Website, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter hereof, and may not be amended or modified except in writing, or by KYI KYI making such amendments or modifications available to it pursuant to the Agreement.

Indemnification

You agree to indemnify and hold harmless KYI KYI and its affiliates, officers, directors, employees, shareholders, information providers, suppliers and licensees (collectively, "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorney’s fees, incurred by the Indemnified Parties in connection with any claim arising out of (i) your access and/or use of the Site, (ii) any breach of any of these Terms by you or any user of your account, and/or (iii) any allegation which, if true, would constitute a breach of any of these Terms by you or any user of your account.

Security Rules

Among other things, you are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following: (i) accessing data not intended for you, or logging on to a KYI KYI server or account which you are not authorized to access; (ii) attempting to, or succeeding in, probing, scanning or testing the vulnerability of a system or network, or breaching security or authentication measures without proper authorization; (iii) attempting to interfere, or interfering, with the operation of our Site, our provision of services to any other visitors to our Site, our hosting provider, or our network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "mailbombing" or "crashing" the Site; and, (iv) forging any TCP/IP packet header or any part of the header information in any email or transmission, or posting to our Site.

No Waiver

The failure of KYI KYI to enforce any provision of the Agreement or to respond to a breach by you or any third party of the Agreement shall not in any way waive the right of KYI KYI to subsequently enforce any of the terms and conditions contained herein or to act with respect to similar breaches.

Changes to the terms

KYI KYI may change the Site or these terms at any time. If you use the site after KYI KYI has changed the terms you will be bound by the new terms.

Termination

KYI KYI reserves the right, at its sole discretion, to terminate your access to all or any part of the Website, with or without notice.

Contact us

Please do not hesitate to contact us with any questions, concerns, requests or comments regarding these Terms and Conditions of Use or this Site (including any Content appearing on or items purchased from this Site) by email us at: info@kyikyi.com

Created on: November 3, 2021