Introduction and Acceptance
The Website is owned and operated by Xen Accounting Inc., a duly incorporated company in the province of Québec, Canada. Where the present TOU refer to “Xen Accounting”, it may refer to the Website or Xen Accounting Inc. (and / or its officers, directors, employees, agents or representatives) or both, depending on the context.
The TOU were last modified on January 27, 2015. Xen Accounting reserves the right, at any time and without prior notice, to modify or replace any of the TOU. Any changes to the TOU can be found at this URL. It is your responsibility to check the TOU periodically for changes. Your use of the Website following the posting of any changes to the TOU constitutes acceptance of those changes.
In these TOU, a Website visitor or user may be referred to as “you”. Xen Accounting may sometimes be referred to as “we” or “us”.
If you have any questions about the TOU, please contact:
Xen Accounting Legal Services
Xen Accounting Legal Services
1001 rue Lenoir
General Code of Conduct for Use of the Website
By visiting and / or using the Website, you agree to:
No Offer to Contract
The Website features descriptions of services offered by Xen Accounting, and various packages of services available (hereinafter “Plans”). These descriptions of services and Plans are for information purposes only and shall in no way constitute a formal offer to contract from Xen Accounting to perform the services or offer the Plans for a particular price. A formal offer to contract (in the form of an engagement letter) which describes services and / or Plans for a particular price is only available directly from Xen Accounting after you participate in a free assessment, and any other discussions or procedures required by Xen Accounting to determine your needs for services (the “Free Assessment”).
Once Xen Accounting has completed your Free Assessment, we will send you a formal engagement letter that outlines the services and / or Plans that are suitable for your needs and the price for these services and / or Plans, as well as any other modalities we deem necessary. The engagement letter may be available by email, written letter or electronically, or some combination thereof. Your acceptance of the engagement letter shall constitute formation of a contract between you and Xen Accounting, and shall govern your relationship with Xen Accounting, superseding any aspect of the present TOU as required.
Financial and Accounting Information on the Website
You acknowledge that from time to time, Xen Accounting may include on the Website information of a financial and / or accounting nature, particularly on the Blog. This financial and / or accounting information is intended for information purposes only, and is in no way intended to be acted upon by you without consulting a professional financial or accounting advisor.
Without limiting the generality of the Disclaimer of Warranties found further in these TOU, in no way shall Xen Accounting shall be liable under any theory of law or equity, for any loss or damage, pecuniary or otherwise, direct or indirect, arising from your use of the financial or accounting information available on the Website.
Xen Accounting does not make any claim or warranty whatsoever about the content of those websites or services to which we link, or any products or services available through those third parties. Without limiting the generality of the foregoing, we have linked to several accounting services and / or software sites. While Xen Accounting acknowledges that generally we would recommend these services and / or software, we make absolutely no claim or warranty that they are appropriate for your particular business or use. Recommendations for your use of these services and / or software may be made after your Assessment.
In no way will Xen Accounting be held responsible for any damages, direct or indirect, pecuniary or non-pecuniary: (1) for your use of websites or other services that may be linked to from the Website or the information thereon; (2) for any virus, Trojan horse, worm or other similar destructive file received as a result of your use of those websites or services; (3) caused by or in connection with, use of or reliance on any content, or products or services (whether free or for purchase) available on or through any linked-to website or service; or (4) for the actions of the operators of any such website or service.
Copyright and Intellectual Property Rights
The content, arrangement and layout of the Website, including, but not limited to, the trademarks, photos, logos, videos, audio, images, text (in the form of plain text, HTML, or PDFs) and computer code are proprietary to Xen Accounting, either owned or under license, and may not be copied, imitated, reproduced, displayed, distributed, transmitted, decompiled or otherwise used without the express permission of Xen Accounting, or as permitted by the functionality of the Website. Any unauthorized use of the content, arrangement or layout of the Website, computer code, images, logos, videos, audio or trademarks found in the Website or any derivative works thereof may violate civil or criminal laws, including but not limited to intellectual property laws, and Xen Accounting may take action accordingly.
You may choose to communicate to Xen Accounting comments or suggestions for improvements to the Website (collectively, “Feedback”). Xen Accounting shall own all right, title, and interest in and to the Feedback and we shall be entitled to use the Feedback without restriction. You hereby irrevocably assign all right, title and interest in and to the Feedback to Xen Accounting, its successors and assigns and waive all you moral rights in the Feedback. You acknowledge and agree that: (i) your Feedback does not contain confidential or proprietary information; (ii) Xen Accounting is not under any obligation of confidentiality, express or implied, with respect to the Feedback; (iii) Xen Accounting shall be entitled to use or disclose (or choose not to use or disclose) such Feedback for any purpose, in any way, in any media worldwide; (iv) Xen Accounting may have something similar to the Feedback already under consideration or in development; and (v) you are not entitled to any compensation for the Feedback or reimbursement of any kind from Xen Accounting under any circumstances.
Interruption of Service
From time to time, the Website may be unavailable for brief periods of time for maintenance and / or modifications to the Website. While we will endeavour to make this unavailability as brief as possible, Xen Accounting shall not be held liable for any damages, pecuniary or non-pecuniary, resulting from the interruption of the normal functioning of the Website, and disclaims any responsibility thereto.
Termination of the Website
You agree that Xen Accounting, in their sole discretion, with or without cause, has the right (but not the obligation) to block your IP address, or otherwise terminate your access to or use of the Website (or any part thereof), immediately and without notice, for any reason, including, without limitation, if Xen Accounting believes that you have acted inconsistently with the letter or spirit of the TOU.
Xen Accounting may also, in their sole discretion and at any time, discontinue providing the Website, or any part thereof, with or without notice. Furthermore, you agree that the Xen Accounting shall not be liable to you or any third party for any damages, pecuniary or non-pecuniary, resulting from termination of your access to the Website, or from Xen Accounting’s termination of the Website or any part thereof.
All provisions of these TOU which by their nature should survive termination, shall survive termination of the Website, including without limitation, intellectual property ownership provisions, disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
You expressly understand and agree that your use of the Website, the information thereon (whether provided by Xen Accounting or third parties), or any activity arising from the use of the Website or the information thereon is at your sole risk. The Website, or any third party materials, are provided on an “as is” and “as available” basis, and you will be solely responsible for any damage to your computer system or loss of data that results from the download, stream or access of any material obtained through the use of the Website or any other functionalities of the Website, or damages (financial or otherwise) resulting from your use of the Website, the information thereon, or any activity arising from the use of the Website or the information thereon.
The information or resources provided through the Website, written or produced by Xen Accounting staff, freelance writers or other subcontractors (whether paid or voluntary) are known to be as accurate as possible at the time of writing or production, and every effort has been made to ensure that the information from the Website is as accurate and up-to-date as possible. However, certain information may change, and errors or omissions may occur, and Xen Accounting shall not be responsible for any loss or damage, financial or otherwise, resulting from changes or errors in information, or any omission, on the Website.
Xen Accounting expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, warranties of title and non-infringement, warranties that the Website and any third party materials will be uninterrupted, error-free, accurate, reliable and free from virus and other harmful components, and the implied warranties of merchantability and fitness for a particular purpose. Xen Accounting, and its directors, employees, agents, suppliers, partners and subcontractors (whether paid or voluntary) do not warrant that: (i) the Website will be secure or available at any particular time or location; (ii) any defects or errors or omissions will be corrected; (iii) any content or software available at or through the Website is free of viruses or other harmful components; or (iv) the results of using the Website will meet your requirements.
Limitation Of Liability
You expressly understand and agree that Xen Accounting and / or its partners shall not be liable for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, in contract, tort, strict liability, negligence, general civil liability or any other cause of action under legal or equitable theory, relating to the Website, the information on the Website, the use of the Website, activities arising from your use of the Website, your submission of any information (including Personal Information) to the Website, or any third party materials on the Website. This limitation of liability applies, without limitation, to any damages or injury caused by any error, omission or other failure of performance by Xen Accounting, its affiliates, business partners, agents or other subcontractors (whether paid or voluntary); any interruption, defect or delay in operation or transmission, including communication line failure; any computer virus; and any theft, destruction or alteration of, or unauthorized access to or use of, any electronic records.
Notwithstanding any other term of the TOU or any act or failure to act by Xen Accounting or its agents or subcontractors (whether paid or voluntary), you agree to indemnify, defend and hold harmless Xen Accounting and its officers, directors, owners, partners, partnerships, principals, employees, affiliates and other related entities, servants, agents, representatives, successors, assigns and subcontractors where applicable (whether paid or voluntary) from and against any damages, liabilities, costs and expenses (including attorneys’ fees), claims or demands, arising out of (i) your use of or connection to the Website or the information or products thereon; (ii) your participation in any activities arising from the Website or the information thereon; (iii) your violation of, or failure to perform your obligations under the TOU; or (iv) your violation of any rights of a third party.
Governing Laws and Jurisdiction
Use of the Website shall be governed by and construed in accordance with the laws of the Province of Quebec, Canada, in force at the time without regard to conflict of law provisions. You agree that any legal action or proceeding between you and Xen Accounting shall be brought exclusively in the courts located in the judicial district of Montreal, Quebec, Canada.
© Xen Accounting 2015