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THIS WEBSITE IS OWNED BY K.O.M.
CONSULTANTS (KOM). BY ACCESSING THIS SITE
OR USING THE SERVICES PROVIDED BY KOM THROUGH THE
SITE, YOU REPRESENT THAT YOU HAVE READ THE TERMS AND CONDITIONS
OF THIS AGREEMENT AND AGREE TO BE BOUND BY THEM. IF YOU DO
NOT AGREE WITH THESE TERMS AND CONDITIONS, THEN DO NOT USE
THIS SITE OR KOM'S SERVICES.
1. Services And Fee
KOM's site facilitates
a link between students and the universities offering the
programmes they seek., as well as links to related third party
websites. Access to and use of the site and this service are
currently provided by KOM without charge. HOWEVER, the
one-time only non-refundable processing fee of $70.00 (cdn),
payable to KOM, must be included with your application
form when mailing it to KOM. KOM reserves the right
to charge a fee for access to the site any time in the future.
2. Copyright
KOM owns and operates the
site, AND ALL DOCUMENTS HELD WITHIN. The site, including but
not limited to text, images, graphics, logos, icons and audio
clips (KOM Content) are the property of KOM.
The site, and KOM Content are protected by Canadian and
international copyright and trademark laws and treaties. Except
as expressly provided in this Agreement, you may not use,
copy, download, display, publish, perform, distribute, transmit,
modify, make derivative works of, decompile, reverse engineer,
disassemble or commercially exploit the KOM Content without KOMs express, written consent.
3. Trademark
KOM is the owner of the
following trademarks, service marks and trade names: KOM
Consultants. All other trademarks, service marks and trade
names appearing on this site are the property of their respective
owners.
4. Posting/Emailing of
materials to this site or email addresses contained within.
You may not submit information
on the site any material: (a) is obscene, offensive, defamatory,
libelous, false or misleading, threatening, harassing, abusive
or hateful; (b) violates the privacy or publicity rights of
others; or (d) violates the property rights, including copyright
and trademark rights, of others. You are responsible for insuring
that any material you post or submit via email on the site
or does not infringe on the property rights, including copyright,
trademark, or patent rights, of any third party.
KOM may, in its sole discretion,
refuse to ACCEPT any material you submit on the site, and
edit or delete any material you post or submit on the site.
5. User Information
KOM owns any information
you provide through your use of the site , including any information
regarding your use of the Internet, and the site. Subject
to the terms of our Privacy Policy, KOM reserves the right
to reproduce and use such information for its own marketing
or other purposes. Such information will not be sold or otherwise
provided to any third party without your consent.
6. Indemnification
You agree to indemnify, defend
and hold harmless KOM and any others involved in creating
the site and KOM's Content from and against any and all
claims, actions, liabilities, costs and expenses arising out
of (a) your breach of any provision of this Agreement; (b)
any representation or warranty you provide herein; (c) your
posting or submission for posting on the site of any material;
(d) your use of the site; or (e) otherwise arising in any
way out of your use of the site. You shall cooperate fully
in any defense of such claim. KOM reserves the right to
take exclusive control over the defense of any such claim.
7. Parental Permission
You must be over the age of
18 to APPLY. If you are under the age of 18, you are not allowed
to apply for KOM's services unless your parent or legal
guardian allows you to do so and accepts this agreement on
your behalf.
8. Links to Third Party
Websites
This site may include links
to other Internet websites. By providing such links, KOM
does not recommend and is not liable for any such websites
or any content, information, advice, products, services or
prices therefore contained on or accessible through such websites.
Your access and use of any such third party websites and their
content, information, advice, products or services is solely
at your own risk. You agree that KOM will not be liable
or responsible for any such third party websites or their
content, information, advice, products, services or any price,
price discrepancy or price change therefore.
9. Warranty Disclaimer
You expressly agree that your
use of the site, KOM Content, the service are at your
sole risk. THE SITE, KOM CONTENT, SERVICE ARE PROVIDED
AS IS,
WITHOUT WARRANTY OF ANY KIND, AND KOM EXPRESSLY DISCLAIMS
ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED
TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NONINFRINGEMENT. KOM DOES NOT GUARANTEE
THE ACCURACY OF ANY INFORMATION PROVIDED ON THE SITE , OR
WARRANT THAT THE FUNCTIONS AVAILABLE ON THE SITE WILL MEET
YOUR REQUIREMENTS, OR THAT OPERATION OF THE SITE WILL BE ACCURATE,
UNINTERRUPTED OR ERROR-FREE.
10. Limitation Of Liability
KOM SHALL NOT HAVE ANY LIABILITY
FOR ANY LOSSES OR DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL
OR CONSEQUENTIAL, AND WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE),
PRODUCT LIABILITY, CONTRACT OR OTHERWISE, ARISING AS A RESULT
OF: (A) THIS AGREEMENT; (B) YOUR USE OF THE SITE, KOM CONTENT,
THE SERVICE ; OR (C) UNAVAILABILITY OR INACCURACY OF THE SITE, KOM CONTENT, SERVICE (INCLUDING WITHOUT LIMITATION, LOSS
OF PROFITS, BUSINESS INTERRUPTION, INABILITY TO USE THE SITE, KOM CONTENT, THE SERVICE, DATA LOSS, COMPUTER FAILURE OR
MALFUNCTION, OR ANY OTHER PECUNIARY LOSS), EVEN IF YOU HAVE
NOTIFIED KOM IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGE.
11. Termination
KOM reserves the right
to terminate this Agreement at any time for any reason whatsoever
and to revoke your access to the site, KOM Content, the
service without prior notice to you.
12. Applicable Law And
Consent To Jurisdiction
This Website (excluding linked
websites) is controlled by KOM from its offices within
the Province of Ontario, Canada. By accessing this website,
you and KOM agree that all matters relating to access to,
or Use of, this website shall be governed by the Province
of Ontario and the laws of Canada, without regard to the conflicts
of laws principals thereof. You and KOM also agree and
hereby submit to the exclusive personal jurisdiction and venue
of the courts of the Province of Ontario with respect to such
matters.
13. Right To Change Agreement
KOM reserves the right
to change this Agreement at any time. KOM will post a notice
of any change on the site. Your continued use of the site
after any such change is made constitutes acceptance of and
agreement to be bound by the terms of the Agreement as modified.
Only KOM can modify the terms and conditions of this Agreement.
14. Severability
If any provision of this Agreement
is held to be illegal or unenforceable, that provision shall
be limited or eliminated to the minimum extent necessary so
that this Agreement shall otherwise remain in full force and
effect and enforceable.
15. Entire Agreement
This Agreement constitutes
the entire agreement between the you and KOM and supersedes
all proposals and other communications made between the parties,
written or oral. This Agreement can only be changed as stated
in paragraph 14.
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