The Websites jitsutech.com and jitsutech.ca (the "Websites") are owned and operated by Jitsu Technologies Inc. ("Jitsutech"). We provide and maintain an online FactFinder Solution hosted on Canadian Servers (the "Service") through the jitsutech.ca website which allows subscribers to the Service ("Researchers") to create projects and to publish projects to individuals ("Recipients"). Responses from individuals who chose to respond ("Respondents") may be used to generate reports from the data obtained from such projects.
The Service is provided to the Researcher through an account that the Researcher creates and maintains (the "Account"). At the Researcher's option, the Researcher may provide members of his or her research team (the "Team Members") with access to the Account and to the Service. The Service enables the Researcher and at the Researcher's option, the Team Members to upload and/or share information and documents.
These Terms of Use govern the Researcher's subscription to the Service and use of the Websites and the Service by both the Researcher and Team Members (each of whom are referred to below as a "User" or "you").
These "Terms of Use" are an agreement between you and any persons that you represent, and Jitsutech regarding your access to and use of the Websites and the Service. BY SELECTING "ACCEPT" AND CLICKING ON "SUBMIT" WHEN MAKING A PURCHASE OR ALTERING A SUBSCRIPTION OR LOGGING IN TO AN ACCOUNT FOR THE FIRST TIME OR THE FIRST TIME AFTER THESE TERMS OF USE HAVE BEEN REVISED, YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS OF USE AND IN OUR PRIVACY POLICY. Each time you use the Websites or the Service, you signify your acceptance and agreement, and the acceptance and agreement of any person whom you purport to represent, to be bound by these Terms of Use as they read on the date that you click "SUBMIT" when making a purchase or altering a subscription or logging in to an Account for the first time or the first time after these Terms of Use have been revised. You hereby acknowledge that you have reached the age of majority in the province, state or country where you reside and you can form legally binding contracts under applicable law.
The Researcher will provide current, complete and accurate information in the Buy and the Account sections of the Websites and will keep that information up-to-date. The Researcher will provide a valid email address that is maintained by the Researcher and is accessible to only the Researcher. The Researcher will create a password in order to access the secure portions of the websites, the Service and the Account and will keep this password confidential from all persons, including the Team Members. The Researcher is solely responsible for maintaining the confidentiality of his or her password and the Account information. The Researcher will immediately notify Jitsutech of any unauthorized access to the Account or any other breach of security.
At the Researcher's option, the Researcher may provide access to the Account to one or more Team Members by completing the Team Member Accounts section of the Websites to create sub-account(s) for the Team Member(s). The Researcher represents and warrants that he or she has consent from each Team Member to disclose any personal information provided in the Team Member Accounts section of the Websites. If, at any time, a Team Member requests that his or her personal information be removed, the Researcher will immediately remove the personal information from the Websites. Jitsutech retains the right to remove any Team Member's personal information from the Websites for any reason, including without limitation, the Team Member's withdrawal of consent to the use of his or her personal information.
If allowed access to the Account by the Researcher, the Team Member may access the Account using the username and password ("Login ID") provided to the Team Member by the Researcher. The Team Member may change their username and/or password, but the Researcher will always have access to and control over the Team Member's sub-account and Login ID. The Team Member is responsible for maintaining the confidentiality of his or her password. The Team Member and/or the Researcher will immediately notify Jitsutech of any unauthorized access to the Account using the Team Member's Login ID and any other breach of security relating to the Team Member's Login ID.
Jitsutech retains the right to prohibit or prevent access to the Account or the Service by any Researcher or Team Member for any reason, including without limitation, breach of these Terms of Use and inappropriate use of the Service or the Websites.
The Researcher acknowledges that the Researcher and any persons on whose behalf the Researcher is acting are liable for all activity under the Account, including without limitation, all activity of the Researcher, the Team Members and any unauthorized person who gains access to the Account directly or indirectly through the Researcher or any Team Member. These liabilities include, without limitation, any breach of the privacy-related responsibilities under section 4, the general responsibilities under section 5, and indemnification under section 16 of these Terms of Use. The Researcher agrees to be responsible for and process all access to information requests, and to reimburse Jitsutech for any costs which Jitsutech might incur in colteamorating with the Respondent on such a response.
The User may use the Service to create projects comprising one or more questions and may publish these projects to Recipients. The User may upload documents onto the Account, which may be viewed by all Users who have access to the Account. The User acknowledges that any information pertaining to one or more identifiable individuals ("Personal Information of Others") that is collected, used or disclosed by the User through the Service is governed by applicable privacy laws and that the User is responsible for complying with all applicable privacy laws.
The User agrees not to create projects or project questions that disclose Personal Information of Others or are designed to elicit Personal Information of Others, unless the User has consent from those individual(s). If, through the Service, the User collects Personal Information of Others, the User will comply with all privacy laws in the collection, use and disclosure of the Personal Information of Others.
The User agrees to provide the purpose of each project in the space provided in the Introduction and Consent section as well to only ask questions that are reasonable in light of that purpose. The User agrees to only use information obtained from each project for the stated purpose.
The User represents and warrants that he or she has consent to use and disclose any Personal Information of Others contained in information provided in a Recipient Group. The User agrees that if, at any time, a Recipient requests to be removed or omitted from future communications from the Researcher, Jitsutech may remove the Recipient from all Jitsuteam Recipient Groups and may block future attempts to add that Recipient to any Jitsuteam Recipient Group.
Jitsutech retains the right to remove personal information about Recipients or Respondents from the Account, the Websites, or the Service for any reason, including without limitation, a Recipient's or Respondent's withdrawal of consent, or the User's breach of this section 4 of the Terms of Use or any applicable privacy laws.
The User represents and warrants that he or she has consent to use and disclose any Personal Information of Others contained in documents uploaded onto the Websites through the Account. The User agrees to remove or redact any documents containing the Personal Information of Others, if, at any time, the relevant individual withdraws consent to the use or disclosure of his or her personal information. Jitsutech retains the right to remove documents from the Account for any reason, including without limitation, an individual's withdrawal of consent to the use or disclosure of his or her personal information or the User's breach of this section 4 of the Terms of Use or any applicable privacy laws.
You agree NOT to:
If you engage in any activity set forth in this section 5 of these Terms of Use, Jitsutech may immediately and without notice terminate the Account. may prohibit your use of the Service and will not provide a Refund of Account Purchases. Jitsutech may report any unlawful conduct to the appropriate authorities and may turn over any and all information regarding such activity to the appropriate persons or entities.
In order to use the Service, the User must have a computer system with at least the following minimum requirements:
The Researcher's payment for the Service is processed in CAD dollars by Bambora previously known as Beanstream, which is a wholly owned subsidiary of Ingenico Group. Bambora is responsible for the confidentiality of any information provided by the Researcher in the Buy or Account sections of the Websites ("Payment Information"), including credit card information. Bambora is also responsible for complying with any applicable privacy laws with respect to the collection, use and disclosure of any personal information that may be included in the Payment Information.
Subscriptions may be purchased on either a monthly or a yearly basis. The costs for subscriptions are set out in the Websites, including the Pricing sections. Monthly subscriptions are sold on a calendar month basis and are scheduled for automatic renewal on the date of purchase of each calendar month, recurring billing cycle.
Yearly subscriptions last for one year from the date on which the subscription was purchased and are scheduled for automatic renewal on the anniversary of the subscription purchase date. Subscriptions are automatically renewed by processing a further credit card transaction at the end of the relevant term without notification to the Researcher unless:
In case of a failure of the credit card transaction under the second scenario above, any attempt to log in to the Account only allows the Researcher to update account payment information as necessary to manually renew the subscription. An e-mail notification will be sent to the Researcher regarding the renewal failure. If the subscription is not manually renewed within 30 days, a Jitsutech administrator may delete the Account.
Cancellation of an Account does not entitle the Researcher to any refund. Jitsutech does not provide any warranties relating to the Websites or the Service, as outlined in section 12 of these Terms of Use. If the Researcher is dissatisfied with the Service for reasons relating to the performance or reliability of the Service, such as the Service's inability to create or publish projects, compute statistics or generate reports, the Researcher may provide notice to Jitsutech at an address or email address listed in the Contact Information. Jitsutech may, at its sole discretion, repair the Service or provide a refund to the Researcher. If Jitsutech exercises its discretion to not repair the Service or not provide a refund, the Researcher's only remedy is to discontinue using the Service.
You acknowledge and agree that Jitsutech may, with or without notice, modify or terminate the Service and/or the Websites. Modifications to the Service may include, without limitation, modifications to: the type of Account information required, means of creating, viewing, updating and/or deleting Accounts, projects. recipient groups, means of scheduling projects for publication, means of communicating with Recipients and/or Team Members through email or other means, means of storing, viewing, and/or deleting certain types of file formats by the Service, means of viewing data collected by projects, means of analyzing data collected by projects, means of presenting data collected by projects and/or data analysis, means of importing and/or exporting data to/from the Service; and, any and all content of the Websites.
Jistutech may issue a notification regarding changes to the Service by sending email to the Researcher. The User is responsible for all projects, documents, lists, data and reports stored on the Websites. The User agrees to download and save this information on a regular basis. Jitsutech will not be responsible for any loss or alteration of any projects, documents, lists, data, reports or other information.
Jitsutech collects, uses, and discloses the User's personal information in accordance with its Users' Privacy Policy, and which may be changed from time to time by Jitsutech at its discretion without any notice or liability to the User or any other person, by making an amended Users' Privacy Policy accessible through the Service. By accepting these Terms of Use, and each time you use the Service, you consent to the collection, use and disclosure of your personal information by Jitsutech in accordance with the Users' Privacy Policy as it then reads.
Jitsutech respects the confidentiality of the information of Users and will not disclose User information to third parties without prior authorization, or as required by law. Jitsutech may use Users' email addresses to contact Users from time to time regarding the Service, but will not give, sell, or otherwise provide third parties with Users' email addresses.
Jitsutech may, from time to time, at its sole discretion, change these Terms of Use as they relate to future use of the Service. Jitsutech will notify you of any changes to these Terms of Use by posting a copy of the revised Terms of Use on your login page. You may accept any revised Terms of Use by selecting "ACCEPT" and clicking "SUBMIT". By clicking "SUBMIT" and/or continuing to use the Service, you signify your acceptance and agreement to be bound by the revised Terms of Use. If you do not agree with any revised Terms of Use, you must discontinue using the Service.
YOUR ACCESS TO AND USE OF THE WEBSITES AND/OR THE SERVICE IS AT YOUR OWN RISK. THE WEBSITES AND THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAITEAMLE" BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION, IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF OR RELATING TO ACCURACY, ACCESSIBILITY, FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY, MERCHANTABILITY, OR PERFORMANCE, ALL OF WHICH ARE DISCLAIMED BY JITSUTECH TO THE FULLEST EXTENT PERMITTED BY LAW.
JITSUTECH MAKES NO WARRANTY THAT THE WEBSITES AND/OR THE SERVICE WILL MEET THE USER'S REQUIREMENTS OR THAT THE WEBSITES AND/OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE, ERROR-FREE, ACCURATE OR RELIABLE; NOR DOES JITSUTECH MAKE ANY WARRANTY AS TO ANY INFORMATION THAT MAY BE OBTAINED THROUGH THE WEBSITES AND/OR THE SERVICE OR THAT DEFECTS IN THE SOFTWARE FOR THE WEBSITES AND/OR SERVICE WILL BE CORRECTED OR THAT THE WEBSITES AND/OR THE SERVICE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
JISTUTECH IS NOT RESPONSIBLE FOR ANY PROJECT, THE RESPONSES OBTAINED FROM ANY PROJECT OR THE REPORTS GENERATED FROM ANY PROJECT. JITSUTECH DOES NOT WARRANT THE CORRECTNESS, ACCURACY, USEFULNESS OR RELIABILITY OF ANY PROJECT, PROJECT RESPONSES OR REPORTS. JITSUTECH IS NOT RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION OR OTHER LOSS RESULTING FROM USE OR RELIANCE ON ANY PROJECT, PROJECT RESPONSES OR REPORTS OBTAINED THROUGH THE WEBSITES AND/OR THE SERVICE. IT IS SOLELY THE USER'S RESPONSIBILITY TO EVALUATE THE ACCURACY, RELIABILITY, COMPLETENESS AND USEFULNESS OF ANY PROJECTS, PROJECT RESPONSES AND REPORTS OBTAINED USING THE WEBSITES AND/OR THE SERVICE.
THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE WEBSITES AND/OR THE SERVICE IS DONE AT THE USER'S OWN DISCRETION AND RISK AND THAT THE USER WILL BE RESPONSIBLE FOR ANY DAMAGE TO ANY COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF SUCH DATA OR MATERIAL.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF CERTAIN LIABILITIES. IF THESE STATUTORY PROHBITIONS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION 12 AND THE LIMITATIONS IN SECTION 13 OF THESE TERMS OF USE MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, JITSUTECH, ITS OFFICERS AND EMPLOYEES SHALL NOT BE LIABLE TO THE USER OR ANY OTHER PERSON FOR ANY LOSS, COST OR DAMAGES WHATSOEVER RELATING TO THE WEBSITES AND/OR THE SERVICE OR THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION, INABILITY TO ACCESS THE WEBSITES AND/OR THE SERVICE, RELIANCE ON PROJECT RESULTS CREATED USING THE WEBSITES AND/OR THE SERVICE, RELIANCE ON ANY DATA OR INFORMATION GENERATED BY THE WEBSITES AND/OR THE SERVICE OR STORED WITH THE WEBSITES AND/OR THE SERVICE, LOSS OF ANY DATA OR INFORMATION STORED WITH THE WEBSITES AND/OR THE SERVICE, THE VIOLATION OF ANY PRIVACY RIGHT RELATING TO USE OF THE WEBSITES AND/OR THE SERVICE, WHETHER DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, CONSEQUENTIAL, EVEN IF JITSUTECH HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES OR IF SUCH DAMAGES ARE REASONABLY FORESEEABLE.
IF YOU ARE DISSATISFIED WITH THE WEBSITES AND/OR THE SERVICE, OR WITH ANY OF THE TERMS IN THESE TERMS OF USE, THE USER'S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITES AND/OR THE SERVICE.
The Service and/or the Websites may contain links or references to other internet sites operated by other persons (collectively, the "Third Party Sites"). Jitsutech is not responsible or liable for and has no control over Third Party Sites or their content and does not sponsor or endorse Third Party Sites. The User's use of Third Party Sites is at the User's own risk.
The content of the Service and the Websites including the software, graphics, images, text, project templates, projects and other materials (the "Content") is protected by intellectual property laws, including without limitation, copyright, trademarks, and other proprietary rights and is the property of Jitsutech and other persons, with all rights reserved. Jitsutech owns registered and unregistered trademarks, including without limitation, JITSUTECH and JITSUTEAM. The User's use of the Service does not transfer to the User any rights in the Websites or the Content.
For greater certainty, rights to any original content created by a User and uploaded to the Service or Websites remain with the User. The User may use the Service only in the manner permitted by these Terms of Use and subject to all applicable laws. The User may display and print the reports generated using the Service provided that the User does not modify the content or remove any notices, disclaimers or trademarks.
The User agrees to indemnify, defend and hold harmless Jitsutech, its officers, employees and affiliates from and against all liabilities, costs and expenses, including without limitation, reasonable legal fees incurred by Jitsutech in connection with the User's use of the Service, the User's breach of these Terms of Use or any wrongful conduct by the User.
These Terms of Use and the relationship between Jitsutech and the User shall be treated as if entered into and executed in the Province of British Columbia and shall be governed by and interpreted in accordance with the laws of the Province of British Columbia and the applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws that would lead to the application of any other laws. The User agrees to submit and attorn to the original and exclusive jurisdiction of the courts of the Province of British Columbia, in any and all disputes between the User and Jitsutech arising from the Service and/or the Websites.
If any provision in these Terms of Use is determined to be invalid or void for any reason, then that provision will be deemed to be severed from this Terms of Use and the remaining provisions will continue in full force and effect. The failure by Jitsutech to enforce any right or provision under these Terms of Use shall not constitute a waiver of that provision of any other provision of these Terms of Use.
The headings used in these Terms of Use are for convenient reference only and will not affect how these Terms of Use are interpreted. The terms and conditions set forth in these Terms of Use and our Privacy Policy comprise the entire agreement between the User and Jitsutech and supersede any prior agreements between the parties.