Terms & Conditions of Use
These Terms and Conditions are current as of: January 31, 2022.
01 Access and use
If you access or use a Service, then you are deemed to accept these Terms and Conditions and it forms a legally binding agreement between you and Sesami. If you do not agree with these Terms and Conditions, then you must cease using the Website and Services immediately.
You understand that before accessing a Service, you are responsible for taking protective measures to guard against computer viruses and other destructive elements, such as through the use of industry standard and updated virus scanning tools, and to ensure that you have a complete, current and secure back-up of information and software on your computer or other devices that you may use to access the Services. If you are a Subscriber, you are also responsible for using a reasonably strong password for your Subscription Account and you must take precautions to ensure that your Subscription Account information is not shared with any other physical or natural person.
We are not responsible for any additional charges that you may incur for using a Service, such as data or other telecommunication or Internet or wireless service provider fees.
Access to certain Services may be restricted to simultaneous access on four or fewer devices at one time. Sesami reserves the right to force a log off out of your registration account in the event that it determines in its sole discretion that your registration account has been simultaneously logged into on more devices than permitted.
You expressly acknowledge and agree that Sesami provides the Services to you in reliance on these Terms and Conditions.
02 Modifications to these terms and conditions
We reserve the right to revise and update these Terms and Conditions from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Services. You agree to periodically review the Terms and Conditions in order to be aware of any such modifications and your continued use shall be your acceptance of these.
03 Types of users and levels of access
The Services and Content (as defined herein below) may contain materials that are not suitable for minors. You acknowledge that you are fully responsible for the conduct and use of the Services and Content by minors in your care and control whom you have authorized to access and use the Services and Content.
There are different types of users of the Services.
"Anonymous Users" have limits on their access and interactions with the Services. Anonymous Users may not be able to view or access all elements of the Services.
"Registered Users" have access to certain Content within the Services, but still have limits on their access and interactions with the Services. Registered Users can access (i) certain gated Content within the Services by filling out a contact form and (ii) certain single product paid Content within the Services (e.g. single products which do not require a subscription, such as a standalone report).
"Subscribers" have created a Subscription Account and have enhanced access to the Services. Subscribers have entered into a Subscription Agreement with us to pay for these enhanced access privileges.
04 Creating a subscription account or registering for services
If you are a Registered User or a Subscriber, you must provide correct, current and complete information during the registration or subscription process, respectively. User information must be kept up to date. You must not pretend to be someone else. If you are a Subscriber, you will create a login and password to your account, which is unique to your Subscription Account and these must be kept confidential at all times.
Each registration and Subscription Account is intended to apply to a single User. You agree that you are responsible for all activities and transactions that occur through your Subscription Account. You will promptly notify us if you become aware of any unauthorized access or use of your Subscription Account.
We may terminate or suspend your Subscription Account at any time, without notice to you, if we believe your use of the Services breaches these Terms and Conditions, such as if your user information is incorrect, not current, or if your Subscription Account is in arrears or has been breached.
05 Services offered
Sesami reserves the right to reject a subscription order or a registration for a Service at any time.
Sesami offers Users services with degrees of access that vary according to the type of User category which include but are not limited to newsletters as may be made available to you from time to time via our Website or otherwise.
(each, a “Service,” and collectively, the “Services.”)
The Services are more fully described in on our Website and, as applicable, in your Subscription Agreement if you are a Subscriber, or one-time purchase agreement if you are a Registered User purchasing paid Content.
Sesami reserves the right to charge fees for access to and use of any Service. You must be of the age of majority in your jurisdiction of residence to subscribe to a Services.
The fees for Services (plus any applicable taxes or other additional charges, such as administration, transaction or access fees), accepted methods of payment and accepted frequencies of billing (such as one-time, every four weeks, monthly or annually) will be specified at the time of subscription and will be described in your Subscription Agreement. All fees, unless otherwise specified, are in Canadian, US dollars, Euros, or British Stirling Pounds, as chosen by the user.
For periodic subscriptions to the Services, you will be automatically billed (i.e. charged or debited) or invoiced on or around the periodic anniversary date of your subscription to the Services, and periodically thereafter in accordance with the billing cycle selected at the time of purchase. You will be automatically billed (i.e. charged or debited) at the time of purchase for one-time purchases.
Sesami reserves the right to levy an administration charge if your method of payment is invalid (e.g. an expired or otherwise invalid credit card). You will remain responsible for all fees and for all costs incurred by us in connection with the unpaid fees, including but not limited to collection agency fees. You authorize us to obtain updated expiration dates if applicable and we reserve the right to charge the fee to the renewal credit cards.
By subscribing to a Service, you agree to pay the subscription fees specified at the time of purchase, using the method of payment chosen, and billed/charged at the frequency provided in your Subscription Agreement.
Term and Termination
If you are a Subscriber, your subscription will continue for the term provided for in your Subscription Agreement, unless it is terminated in a manner provided for in section 6 of these Terms and Conditions.
Sesami may from time to time at our discretion offer promotions such as discounts and trials to certain Services. The specific rules, regulations, terms and details of each promotion will be provided at the time of the offer. Your eligibility for a promotion and the applicability of any discounts is at the sole discretion of Sesami. Sesami may revoke, terminate, cancel, modify or deem a promotion inapplicable to you at any time.
06 Termination by Sesami
Sesami provides the Services at its sole discretion. Sesami may at any time revise, withdraw, discontinue, amend, suspend any or all of the Services, as provided in these Terms and Conditions or, as applicable, your Subscription Agreement. Under no circumstances will Sesami be held responsible or liable for removing, disabling or restricting access to the availability of the Services.
Sesami reserves the right to terminate or otherwise suspend your registration or Subscription Account, as applicable, to any Service at any time for reasons including but not limited to non-payment of Services fees or for any other breach of these Terms and Conditions.
You acknowledge that upon the termination or suspension of your registration and/or Subscription Account you will no longer have access to any files or data associated with your registration or Subscription Account, as applicable, and that Sesami has no obligation to retain any such data post-termination.
Any termination or suspension will be in addition and without prejudice to any rights or remedies as may be available to Sesami, including injunction and other equitable remedies. All disclaimers, limitation of liability and indemnity provisions of these Terms and Conditions will survive termination. The disclaimers and limitations of liability provided in these Terms and Conditions, and these form an essential basis of the bargain between you and Sesami and will survive and continue to apply in the case of fundamental breach or breaches, the failure of essential purpose of these terms, the failure of any exclusive remedy, or the termination of the relationship between you and Sesami.
07 Sesami intellectual property and restrictions on use of content and materials
The Services and all content made available therein, including all information, logos, code, software, articles, articles, publications, eNewsletters, stories, text, service names, photographs, images, illustrations, displays, audio and video clips, all Sesami proprietary intelligence-related content and other content (collectively, the "Content") are the property of the Sesami and are protected, without limitation, pursuant to Canadian and foreign copyright, trademark and other laws. Subject to your compliance with these Terms and Conditions and as permitted by your User type, Sesami grants you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable license to download, display or use a single copy of the applicable Content on your computer or other personal electronic device. You cannot use any Services or Content in connection with any corporate or commercial purpose whatsoever, including but not limited to repackaging the Content and Services in any other corporate and commercial environment. You are not permitted to alter or modify, or remove any copyright notice from, any Services or Content. No other use is permitted and all other rights not expressly granted in these Terms and Conditions are reserved. Nothing contained herein shall grant any license or right to use any Content in any manner other than as explicitly set forth in these Terms and Conditions without the prior written consent of Sesami. Any unauthorized use of any of the Content is strictly prohibited. Except as provided herein, you agree not to reproduce, sell, republish, broadcast, distribute, make derivative works of or otherwise make available any Content, including by framing, caching or other similar means, without the prior written consent of Sesami.
All trademarks and trade names used, mentioned or displayed in the Services are trademarks or registered trademarks of the Sesami or of their respective owners. The display of trademarks or trade names within the Services not convey or create any license or other rights in these marks or names. Any unauthorized use of these trademarks and trade names is strictly prohibited.
09 Restrictions on the use of content and services
You agree not to use the Services and Content in any manner that violates the following restrictions:
is defamatory, libellous, offensive, abusive, stalking, threatening, demeaning, obscene, promotes hatred, bigotry, racism, sexism, harassment, discrimination, is pornographic, indecent, unlawful, profane, harmful to minors, false, misleading, would constitute spam, promotes, advocates or otherwise encourages illegal activities including activities that would constitute a criminal offense or give rise to civil liability, or otherwise violate the legal rights of others;
infringe any intellectual property rights including copyrights, trade-marks, proprietary rights, privacy rights, publicity rights or any other rights of any kind whatsoever;
promote commercial activities, such as to conduct sales of goods and services of any kind, promote charitable donations, or participation in sweepstakes and contests, whether by advertising, solicitations, links or any other form of communication, without the prior written consent of Sesami;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy, circumvent, disable, replicate, damage or otherwise limit the functionality of any computer software or hardware or telecommunications equipment, including without limitation, Trojan horses, worms, time bombs, computer viruses, code, cancelbots or corrupted files;
use any spider, robot, other automatic device or manual process to monitor, harvest or copy the Content of the Services without the express written consent of Sesami;
violate or attempt to violate the security of the Services or Content, including without limitation accessing data not intended for you, logging into a registration account you are not authorized to access, attempting to probe, scan or test the vulnerability of the Services, information technology systems or network or to breach security authorizations;
take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services; or
create a substitute for the Services or Content, meaning any product or service that diminishes the need for users or third-parties to access the Services or Content via Sesami or reduces Sesami’s ability to generate revenues from the Services or Content.
Please report any Content that you believe violates these Terms and Conditions at the email address provided under section 19.
11 Third-party websites
For your convenience, the Services may provide links or pointers to third-party sites. WE MAKE NO REPRESENTATIONS ABOUT ANY OTHER WEBSITES THAT MAY BE ACCESSED FROM THE SERVICES. IF YOU CHOOSE TO ACCESS ANY SUCH SITES, YOU DO SO AT YOUR OWN RISK. WE HAVE NO CONTROL OVER THE CONTENTS OF ANY SUCH THIRD-PARTY SITES AND ACCEPT NO RESPONSIBILITY FOR SUCH SITES OR FOR ANY LOSS OR DAMAGE THAT MAY ARISE FROM YOUR USE OF THEM. YOU ARE SUBJECT TO, AND REMAIN RESPONSIBLE FOR INFORMING YOURSELF OF, ANY TERMS AND CONDITIONS OF SUCH THIRD-PARTY SITES.
12 Disclaimer of warranties
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES AND THE CONTENT IS AT YOUR OWN RISK. THE SERVICES AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
NEITHER THE SESAMI NOR ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE SERVICES AND THE CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER THE SESAMI NOR ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT THE SERVICES AND THE CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SERVICES AND THE CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR SERVICES AND THE CONTENT WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE SERVICES, THE CONTENT, YOUR COMPUTER OR SIMILAR DEVICE USED TO ACCESS THE SERVICES AND THE CONTENT, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES AND THE CONTENT OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE SERVICES AND THE CONTENT, OR ON ANY WEBSITE LINKED TO IT.
13 Limitation on liability
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCE WILL THE SESAMI NOR ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE SERVICES AND THE CONTENT, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.
The Services are provided to you through circumstances not under the control of Sesami. Without limiting the generality of the foregoing, Sesami will under no circumstances be held liable or responsible for any delay or failure in the performance of the Services resulting directly or indirectly from acts of nature, or causes beyond its reasonable control, including without limitation, internet failures, computer equipment failures, telecommunication failures, other equipment failures, electrical power failures, satellite failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions and orders of domestic or foreign courts or tribunals.
The Services may at any time be temporarily unavailable, inaccessible or inoperable for any reason from time to time, including periodic maintenance, repairs and disruptions as described above. While Sesami will make every reasonable effort to minimize such downtimes, Sesami cannot guarantee 100% availability of the Service and its Contents.
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Sesami and its affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your breach of these Terms and Conditions or your use of the Services.
15 Refund policy
In the event that the Services are not made available to you, by electronic means or otherwise, within thirty (30) days after the later of (i) the date of purchase or, if applicable, (ii) the date specified in your contract with us, you may cancel your contract with us pertaining to those Services. If you cancel your contract with us in accordance with the foregoing, we will refund you for all sums paid by you in connection therewith and any contract accessory thereto within fifteen (15) days following the cancellation of the contract. Nothing herein shall relieve you from the restrictions placed on our Content and Services described at section 7 of these Terms and Conditions.
16 Governing law and choice of forum
The Services and these Terms and Conditions will be governed by and construed in accordance with the laws of province of Quebec and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the province of Quebec or any other jurisdiction) and notwithstanding your domicile, residence, or physical location.
Any action or proceeding arising out of or relating to the Services and under these Terms and Conditions will be instituted in the courts of province of Quebec and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
If any term or provision of these Terms and Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.
19 Entire agreement
The Terms and Conditions constitute the sole and entire agreement between you and Sesami regarding the Services and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.
20 Contact information
These Services are operated by
Sesami Cash Management Technologies Corporation
1250 René-Lévesque Blvd West
Montréal QC H3B 4W8
2025 W Belt Line Rd #114
Carrollton TX 75006
Should you become aware of misuse of the services including libelous or defamatory conduct, you must report it to the Sesami at marketing@Sesami.io.
All other feedback, comments, and other communications relating to the Services should be directed to marketing@Sesami.io.
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