Resto Engine is a product of Proton ERP Consultants Ltd. The following are terms of a legal agreement between you and/or the entity you are authorized to represent ("you" or "your") and Resto Engine and/or any of its affiliated companies ("We" or "Resto Engine"). This Website terms of use (the "Website Terms of Use") govern your access to and use of this Website available on the domain- www.restoengine.com and/or any part of the Website available on its sub-domain (individually and collectively known as "Website").
The Terms of Use have to be considered jointly with our Privacy Policy and by accessing or using the Website, you agree to follow and be bound by the following terms and conditions concerning your access to and use of the Website and the Content provided on or through the Website and our Privacy Policy.
IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE, DO NOT ACCESS OR USE THE WEBSITE.
Through the Website, you have access to a variety of resources and Content. Content, in the context of this Terms of use included (but not limited) to the following:
Resto Engine shall have the right at any time to change or modify the terms and conditions applicable to your use of the Website and its Content, or any part thereof, make changes in the features of the Software. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on Website, or by electronic or conventional mail, or by any other means by which you will obtain notice thereof. Any use of Website by you after such notice shall be deemed to constitute your acceptance of such changes, modifications or additions.
Your use of Software is subject to all agreements such as Terms of Service and/or any other Service Level Agreements, License Agreements or any other Agreements that accompany the use of such Software and will be signed separately between you and Resto Engine. If there is a conflict or inconsistency between these Terms of Use and any other Agreement(s) signed between you and Resto Engine, the latter shall have precedence with respect to your access and use of that Software.
In the event that the Software is provided on or through the Website and has not been licensed to you through any specific Agreement or Terms of Service, you may use the Software subject to the following:
Some areas of the Website or Content provided on or through the Website may have additional rules, guidelines, agreements, or other terms and conditions that apply to your access or use of that area of the Website or Content (including terms and conditions applicable to an organization and its users). If there is a conflict or inconsistency between these Terms of Use and the rules, guidelines, agreements, or other terms and conditions for a specific area of the Website or specific Content, the latter shall have precedence with respect to your access and use of that area of the Website and Content.
Resto Engine grants you a non-exclusive, non-transferable, revocable license to access and use the Website in order for you to view the Content and contact Resto Engine for use of Software offered through the Website, strictly in accordance with our Legal Terms.
You may view pages from our Website in a web browser or download pages from our Website for caching in a web browser.
However, except as expressly permitted by the other provisions of this Terms of Use, or unless you own or control the relevant rights to the Content on the Website, you must not:
You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
Any violation of this clause shall result in criminal and civil actions taken against you immediately without notice.
You agree not to access or use the Website in any manner that could damage, disable, overburden, or impair Resto Engine's computer systems or networks. You agree not to attempt to gain unauthorized access to any parts of the Resto Engine's computer systems or networks. You agree not to interfere or attempt to interfere with the proper working of the Website or Resto Engine's computer systems or networks.
If any of the services offered through the Website require you to open an account, you must complete the registration process by providing us with current, complete and accurate information as required by the applicable registration form. You may also be required to choose a password and a user name. Access to and use of password protected or secure areas of the Website are restricted to authorized users only. You are responsible for maintaining the confidentiality of password(s) and account information, and you are responsible for all activities that occur through the use of your password(s) or account(s) or as a result of your access to the Website. You agree to notify Resto Engine immediately of any use of your password(s) or account(s) that you did not authorize or that is not authorized by these Terms of Use.
You agree to indemnify and hold harmless Resto Engine, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, due to or arising out of Content that you Share, your violation of these Terms of Use or any additional rules, guidelines or terms of use posted for a specific area of the Website or Content provided on or through the Website, or your violation or infringement of any third party rights, including intellectual property rights.
Resto Engine has no obligation to monitor the Website or screen Content that is shared on or through the Website. However, Resto Engine reserves the right to review the Website and Content and to monitor all use of and activity on the Website, and to remove or choose not to make available on or through the Website any Content in its sole discretion. Resto Engine may remove Content that is confidential or proprietary to a third party without that third party's permission.
Resto Engine may, in its sole discretion, at any time discontinue providing or limit access to the Website, any areas of the Website or Content provided on or through the Website. You agree that Resto Engine may, in its sole discretion, at any time, terminate or limit your access to, or use of, the Website or any Content. Resto Engine may terminate or limit your access to or use of the Website if Resto Engine determines, in its sole discretion, that you have infringed the copyrights of a third party. You agree that Resto Engine shall not be liable to you or any third-party for any termination or limitation of your access to, or use of, the Website or any Content, including Content that you may have shared.
The Website provides links to Web Websites and access to Content, products and services of third parties, including partners and affiliates of the Website. Resto Engine is not responsible for third party Content provided on or through the Website or for any changes or updates to such third-party Websites, and you bear all risks associated with the access to, and use of, such Web Websites and third-party Content, products and services.
Except where expressly provided otherwise, the Website, and all Content provided on or through the Website, are provided on an "as is" and "as available" basis. Resto Engine expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the Website and all Content provided on or through the Website. Resto Engine makes no warranty that: (a) the Website or Content will meet your requirements; (b) the Website will be available on an uninterrupted, timely, secure, or error-free basis; (c) the results that may be obtained from the use of the Website or any Content provided on or through the Website will be accurate or reliable; or (d) the quality of any Content purchased or obtained by you on or through the Website will meet your expectations.
Any content accessed, downloaded or otherwise obtained on or through the use of the Website is used at your own discretion and risk. Resto Engine shall have no responsibility for any damage to your computer system or loss of data that results from the download or use of Content.
Reference to any product, process, publication, service, or offering of any third party by trade name, trademark, and manufacturer or otherwise does not necessarily constitute or imply the endorsement or recommendation of such third party by the Platform.
Resto Engine reserves the right to make changes or updates to, and monitor the use of, the Website and Content provided on or through the website at any time without notice.
In no event shall Resto Engine be liable for any direct, indirect, incidental, special or consequential damages, or damages for loss of profits, revenue, data or data use, incurred by you or any third party, whether in an action in contract or tort, arising from your access to, or use of, the Website or any Content provided on or through the Website. Our maximum liability to you under all circumstances will be equal to the purchase price you pay for any products, services or information through the Website.
Some jurisdictions do not allow the disclaimer or exclusion of certain warranties or the disclaimer, exclusion or limitation of certain liabilities. To the extent that they are held to be legally invalid, disclaimers, exclusions and limitations set forth in these terms of use, including those set forth in the above-mentioned sections, do not apply and all other terms shall remain in full force and effect.
Resto Engine is concerned about your privacy and has developed a policy to address privacy concerns. We store and process your information in accordance with Information Technology Act 2000 and Rules there under as well as any other laws applicable to Resto Engine depending on its area of operation. For more information, please see Resto Engine's Privacy Policy. You understand that Resto Engine collects, uses, processes, possesses, and otherwise stores your personal information and utilization data and may share such data with third party service providers for the purpose of improving or providing services through the Website, subject to Resto Engine's Privacy Policy.
Persons who are not of the age of majority are not eligible to use the Website, and we ask that no information in relation to such persons be submitted to us.
The failure of Resto Engine to exercise or enforce any rights or provisions in these Terms of Use shall not constitute a waiver of such right or provision. If any part or provision of these Terms of Use is found to be unenforceable, such part or provision may be modified to make the Terms of Use as modified legal and enforceable. The balance of the Terms of Use shall not be affected.
All matters relating to your access to, and use of, the Website and Content provided on or through or uploaded to the Website shall be governed by Canadian laws. Any legal action or proceeding relating to your access to, or use of, the Website or Content shall be instituted in Winnipeg, Manitoba. You and Resto Engine agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.