Updated and effective as of February 1, 2022

Welcome to the eMalaya platform!

These Terms of Sale are an important legal document that is binding on you and you should read them carefully before purchasing, installing, accessing or using our Services.

Introduction

These are the Terms of Sale of the Emalaya Platform (“EP”), which is a service offering of Analystik Inc., a Canadian company (“Analystik”).

These Terms of Sale apply to you:

  • Purchase of Analystik Products (as defined below).

The websites listed below (“Analystik Sites”) and the services offered on the Analystik Sites (the Analystik Services) allow the use of the eMalaya (EP) platform to enter time sheets, plan projects and invoice and allow the use of Analystik’s services to perform software development s (Content).

The term Analystik Services includes your application and Content for the Analystik Sites and the Analystik Services.

Other terms that apply to you

Please note that use of our websites and apps are subject to our Terms of Service.

Our Privacy Policy also applies to you if you visit any of our sites, use any of our services or applications, or otherwise correspond with us by phone, email or otherwise. This sets out the terms on which we process any personal data we collect from you or that you provide to us.

The term ‘EP’ except where used for descriptive purposes , means the eMalaya platform, and “we” and “our” and other similar words refer to Analystik. For definitions of other capitalized terms, please see Analystik’s Terms of Service and Privacy Policy. If you have any questions or concerns about these Terms of Sale or our practices, please contact us.

The Analystik Sites are (including any subdomain names based on these web addresses):

Your Your Content may include personal information about you, your business, and other content that you may upload through the Analystik Sites and Analystik Services (“Submissions”).

By downloading, installing, using or purchasing any content from Analystik, you are being asked to accept and agree to these Terms of Sale. If you do not wish to accept and accept, do not download, install or use any content.

How will we notify you of any changes to these Terms of Sale and when will these changes take effect ? We reserve the right to update or modify these Terms of Sale at any time in the future. You should check these Terms of Sale regularly to ensure that you are aware of any changes.

A special notice for those living outside of Canada.

If you live outside of Canada, by visiting the Analystik Sites, using our Analystik Services, purchasing, downloading, installing or using our Content and providing us with personal information, you acknowledge and agree that all of your personal information may be transferred, processed, or accessed by entities around the world, as described in this Privacy Policy.

2. What are the Content Terms of Use?

In order to purchase, download, install and use the Content, you must create an account as provided in the Terms of Use. use. You understand and agree to the terms of use set forth in the Terms of Use and that you will use the Content in accordance with these Terms of Sale. You agree to abide by the Terms of Use, these Terms of Sale, and all general instructions and notices posted to you on an Analystik Site, or that we may email to you, or otherwise bring to your attention from time to time.

3. What are our terms of purchase for EP?

When you purchase, install, download and use EP, When you purchase, install, download and use EP, we charge you monthly according to the number of users of EP, through our third-party payment processor, the purchase amount to your specified account, such as, for example, a credit card.

You understand that, the sale of Content is a final sale, not voidable and non-refundable, except as expressly provided otherwise in these Terms of Sale or otherwise determined by us in our sole discretion.

By using the EP, you authorize Analystik, or its designated payment processor, to automatically charge amounts to the payment account (usually a credit card) you specified for the purchase. The payment currency will be in the currency of the country where the purchase of the EP order is made. For example, the currency will be Canadian dollars for purchase orders made in Canada. Analystik reserves the right to report, investigate and prosecute to the fullest extent required or permitted by applicable law, any fraudulent, unauthorized, or otherwise unlawful use of any payment account by any person, on or through the Analystik Sites.The price of Content may change without notice and any price changes will be indicated on the eMalaya Platform.

4. How do we confirm your purchase?

You understand that at the time you or our supplier create an account and that your credit card number is entered in E P, we will send you an email confirming your purchase. You understand and agree that you are responsible for ensuring that your email and internet security software will allow you to receive emails from us.

5. What license and intellectual property rights and obligations apply?

All right, title and interest, including, without without limitation, copyrights, trademarks, patents, trade secrets and other intellectual property rights, in and on the Analystik Sites, Analystik Services, Content and all other Content (including, but not (limited thereto, digital images, photographs and examples provided on the Analystik Sites), any accompanying printed materials or materials provided on the Analystik Sites are the property of Analystik and, where applicable, its licensors. and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

Restrictions on Use

You understand that you are not permitted to reproduce, distribute for commercial purposes es, resell, rent, sublicense, lease, trade, or otherwise use the Content in any manner other than as expressly permitted by Analystik in these Terms of Sale, including any End User License Agreement

You also understand that you may not modify, adapt, decode, reverse engineer, decompile, or create derivative works based on the Analystik Services, including without limitation any Analystik Content or Sites, without our prior consent, either written consent.

You understand and acknowledge that you are not authorized to use the Analystik Sites or the Analystik Services to assist in the design or development of any computer program, component or code substantially similar to those of the Analystik sites.

6. Which “Limited Warranty” applies?

Analystik Media Rights

Analystik warrants that it has the right to grant this license to use EP, and that the elements they contain are the property or under license of Analystik, as described in these conditions of sale and the license agreement contained herein.

Disclaimer of warranty

Except as expressly provided in these Terms of Sale, including any end user license agreement, Analystik makes no warranties, express or implied, with respect to the Analystik Services, Analystik Sites, and Content. Analystik does not represent or warrant that they will be compatible with your devices, or that they will not conflict with other programs, applications or operating systems on your devices. You assume the risk of failure, malfunction or failure of the device; or loss, alteration or corruption of data resulting from the download or use of EP, the Services or Analystik Content, and Analystik shall have no liability with respect thereto. Please keep backup copies of your data, as your data may be accidentally lost, altered or destroyed.

The above warranty and warranty disclaimer apply to the use of EP and Content on the Analystik Sites and the Analystik Services.

Analystik MAKES NO EXPRESS OR IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR AGAINST HIDDEN DEFECTS OR USE WITH RESPECT TO THE ANALYSTIK SERVICES OR THE CONTENT OR ANY INCLUDED DATA, SOFTWARE, PROCESSES OR MATERIALS.

THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.