Ecofila Terms of Service
The use of this website is subject to the following Terms of Service:
1. The term "Ecofila Software Design Inc." or "Us" or “us” or "We" or “we” refer to the owner of the website whose registered office is located at- 4-435 Gérard Morisset, Québec (Québec), Canada, G1S 4V5. Our corporation number is 648243-1. The term “You” or “you” refers to the user or viewer of Our Website whether he/she is registered or not. “Account” or “account” refers to your personal valid user name and password registered with Us and governed by the below Terms of Service. "Our website" or "our website" refers to any web page that exists on farmrecords.net, www.farmrecords.net or any other subdomain of farmrecords.net. The term “Services” or “services” refer to products and services ordered by you within a free trial or via an order form and made available online by us, including related offline components. "IP address" refers to the Internet Protocol address.The term “Service Plan” or “service plan) means the packaged service plan and the functionality and services associated therewith (as detailed on our website) to which You subscribe.
You may not access any of Our Services if you or your company is our direct competitor unless we gave you explicit written consent. In addition, you may not access Our Services for purposes of collecting data on performance, functionality, availability or any other benchmarking purposes.
2.1. The Services are provided to you under an "AS-IS" and "AS AVAILABLE" basis. You agree that you are using the Services entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, Services or information available through the Services meet your specific requirements.
2.2. You expressly agree that Our Website and any software deployed on it may, from time to time, be inoperable, inaccessible for whatever reason, including but not limited to:
(A) Website Maintenance
(B) Database Backups
(C) Infrastructure Failure
(D) Network Attacks
(E) System Overload
(G) Acts of God
2.3. Failure to have Our Website available because of technical difficulties as well as any reason or cause outside of our control does not amount to a failure to meet our obligations, nor does it result in a breach of this Agreement by us. You expressly waive all rights to dispute such a failure.
3. We do not represent or warrant you that: (A) the Services will be uninterrupted, secure and free of errors (B) that any information obtained by you through the Services will be accurate, and that any feature or functionality provided to you under the Services will be free of defects and that any defect will be corrected.
4. Fees and Service. Fees apply to all plans. You agree to pay monthly or yearly according to the plan you chose. Following nonpayment we may close your account, therefore no longer providing the Services you subscribed to without notice.
5. In order to access our Services you are responsible for obtaining access to it. It is also your responsibility to get and install all equipment required to use our Service. Installing and using that equipment may involve third-party fees (for example from an Internet Service provider). You are responsible for those fees as well as for the delivery of all data accessed through our Service.
6. Downloads. You hereby expressly agree that any material obtained or downloaded through Our Website or Services is used at your own risk and that you are solely responsible for any damage caused to your computer or any other device.
7. Terms & Termination. We may terminate these Terms of Service as well as the
licence you are granted in the following cases:
(A) We become insolvent or close.
(B) You were in breach of any of the Terms of Service.
(C) You posted inappropriate content or comments on the user forum.
(D) We decide to cancel any further development of our Service.
8. Provision of Purchased Services.
Following your purchase of our services we agree to:
(A) Provide you with bug fixes when required at no additional cost.
(B) You hereby agree that any change in the software resulting from bug fixes will be subject to the same Terms of Service.
9. Use of Services
9.1. You may not and may not allow any third party to:
(A) Create any derivative work from the content provided on Our Website.
(B) Include in your own or third party owned website any content in part or in full from Our Website.
(C) Redistribute the content provided on Our Website.
(D) Decompile/Reverse engineer the content provided on Our Website.
(E) Reproduce, adapt, license or sublicense any of the content provided on Our Website.
(F) Transfer any rights we granted you to access or use any software deployed on Our Website.
9.2. User Name and Passwords
In order to use the Service, you must complete the registration process and provide accurate information. The user name and password are under your sole responsibility. Also any activity happening under your account is your responsibility. You shall never share your password with any third party and we will never contact you by any means of communication to ask for it. If you think that someone or a system has broken into your account, it is your responsibility to inform us promptly. In order to provide service or assist you, our staff can log in to your account. You hereby acknowledge and consent that our support staff might log in to your account if you are facing issues or request support from us.
9.3 Service Plan Upgrade
You upgrade Your Service Plan at any time during Your Subscription Term. The additional charge(s) will be prorated over the remaining period of Your then current Subscription and charged to your account. At renewal, your service plan and the subscription charges therewith will reflect such changes.
10. Changes of terms
We may make change to these Terms of Service. In such a case we will make the new version available at http://www.farmrecords.net/terms.html. You therefore expressly agree that if you keep using the Services after the Terms of Service have changed, you are considered as having accepted the new Terms of Service.
In order to assist users a forum could be made available. This forum will be public and any information posted there is therefore public. You shall never submit personal or private information. You therefore expressly agree that we are not responsible for any content you post on the forum and that we shall not be liable. Also any inappropriate content (ads, pornography, unrelated materials,inappropriate language) will be immediately removed and may result in your account being terminated.
12. Unauthorized use of the Services may give rise to a claim for damages and/or be a criminal offence.
13. The Services may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse those websites. We have no responsibility for the content of the linked websites.
14. Limitation of liability
14.1. You hereby expressly agree that Ecofila Software Design Inc. shall not be liable to you for:
(A) Any damages or loss of data incurred by You as a result of using our Service
(B) Any changes made to Our Website or software we provide
(C) Any loss of, corruption of or deletion of data happening on our servers(s) (or the server of our web hosting provider) that may affect you or your company.
(D) The limitation of liability above applies even if your account has suffered a breach whether you have informed us about it or not.
14.2. In no event shall Ecofila Software Design’s entire liability to you in respect of any Service, whether direct or indirect, exceed the monthly Fee paid by you towards such Service.
16. Your use of the Services and any dispute arising out of such use of Our Website is subject to the laws of Québec, Canada.
17. Proprietary Rights
You hereby expressly agree that all content and materials available on our Website are protected by copyrights and trademarks.
18. Billing Information
18.1. Fees to use Our Services apply and they may change. The new fees apply at subscription renewal so that you continue paying the same fees as long as your current subscription is paid and valid.
18.2. When you register, you will be asked to provide some information to have your profile set up. You will then be entitled to a free time-limited trial period. After the free trial period, you will be asked to provide credit card information and you will be billed for the plan you have selected. Your credit card will continue to be billed according to the settings in your profile unless you cancel your subscription.
18.3 You billing account must be current and in good standing in order to use the Service. We may otherwise and without notice cancel your subscription and terminate your account.
19. Refund Policy
You may cancel your subscription at any time. The remaining part of your subscription will be refunded. The refunded amount is calculated starting the month that follows your cancel request. This request must be transmitted to us by email or by raising a ticket from within our software at least 30 days before your monthly/yearly payment is due. If we terminate your subscription due to the breach of the Terms, you will not get a refund. Once your plan has been cancelled, we will keep your data for a three-month period. This period may be changed without notice. When your plan expires, you will lose all access to our Service and any data or information stored in your account.
Your subscription to the Services does not include training. However we provide videos and other materials to get you started.
Subscription fees to our Services do not include any taxes, duties or levies assessable by any jurisdiction whatsoever. Whenever required by law, we will apply appropriate taxes.
22. Licence by You to use feedback.
You grant us a perpetual, royalty-free, irrevocable licence to add and use into the Services any feedback, recommendation, bug report or feature request we receive from you.
IF YOU DISAGREE WITH ANY PART OF THESE TERMS AND CONDITIONS, PLEASE DO NOT USE OUR SERVICE.