Updated and effective as of February 1, 2022
Welcome to the eMalaya platform!
This Notice and Policy of Use (“Use Policy”) is an important legal document that is binding on you and you should read it carefully before accessing our websites or purchasing, installing, accessing or using our services.
The Analystik Sites are, including any subdomain names based on these web addresses:
Other terms that apply to you.
3. How do you create your EP account?
In order to create the Content that Analystik Services allows you to create, we require you to create an account and password, which you can change later. You may also need to enter your email address and company name and other necessary information. Once logged into your account, you will be able to use EP. It is your responsibility to provide, maintain and update true, accurate, current and complete information about your business. You must not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including, but not limited to, use of username, another person’s password or other account information, or name, likeness, voice, image or photograph. You also agree to promptly notify Analystik of any unauthorized use of your username, password, other account information, or any other breach of security of which you become aware involving or relating to the Analystik Services. and your account.
4. What is data and what are your responsibilities and our rights in data?
Content may include your submission of data and information about you, your business, your employees and other data that you can upload via the Analystik and Analystik Services sites to create the Content. By providing us with your data, which may include sensitive information, as part of the Analystik Services, you hereby waive any expectation of privacy. If you do not want your information viewed or disclosed by others, you should not use the Analystik Services and delete your account from EP.
In addition, you are entirely responsible for your data, and you are prohibited from posting or transmit via the Analystik Services: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic or other data, material or information that you have not been authorized to post or that violates the rights of publicity or confidentiality iality of any person or any other law or regulation, or any material that could be construed as offensive to a child or adult; (ii) any material that is violent, vulgar, obscene, pornographic or otherwise sexually explicit or harmful to any person or entity, is illegal or encourages or advocates illegal activities or the discussion of illegal activities with the intent to commit them, including including data that is or represents an attempt to engage in pornography, harassment, sexual assault, fraud, trafficking in obscene or stolen material, or a conspiracy to commit criminal activity; (iii) any commercial materials or information (including, but not limited to, advertising or marketing of any goods or services); (iv) viruses, corrupted data or other harmful, disruptive or destructive files; and (v) any data, material or information that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party.
5. What activities are prohibited with respect to your use of the Analystik Sites, Analystik Services or eMalaya Platform?
Content and information provided through the Analystik Services, the Analystik Sites or the eMalaya Platform, and the infrastructure used to provide such Content and information, are the property of us and/or our suppliers and service providers, and you agree not to: (i) access, monitor or copy data, materials or information from the Analystik Services using any robot, spider, scraper or other automated means or any manual process in any purpose whatsoever without our express written permission; (ii) violate the restrictions in the Analystik Services’ robot exclusion headers, or circumvent or bypass any measures employed to prevent or limit access to the Analystik Services; (iii ) take any action that requires, or may im place, in our discretion, an unreasonable or disproportionately large load on our infrastructure; (iv) deep link to any part of the Analystik Services for any purpose without our express written permission; or (v) “frame”, “mirror”, or otherwise incorporate any part of the Analystik Services into any other website or mobile application without our prior written permission.
6. Who is responsible for other links and websites not owned by Analystik?
7. What about our trademarks?
Analystik and EP (and translation into multiple languages) and other graphics, logos, designs, page headers, icons, scripts and associated trade names used on or in connection with Analystik Sites, Analystik Services or the eMalaya Platform, including our photos and videos, are registered trademarks or trade dress of Analystik, in Canada, the United States and /or in other countries. Our trademarks and trade dress may not be used, including as trademarks and/or as part of domain names, in connection with any product or service in any way that may cause confusion and may not be copied. , imitated or used, in whole or in part, without prior written permission from us. All other brand and product names used herein or in the Analystik Services are trademarks or registered trademarks of their respective owners.
8. What are the “Limited Warranties” for the Analystik Sites and Analystik Services?
THE INFORMATION, SOFTWARE, CONTENT AND SERVICES PROVIDED BY US, INCLUDING THROUGH THE ANALYSTIK SITES OR ANALYSTIK SERVICES OR THROUGH THE EMALAYA PLATFORM ARE PROVIDED TO YOU “AS IS” AND MAY INCLUDE INACCURACIES OR ERRORS. YOU EXPRESSLY AGREE THAT YOUR ACCEPTANCE AND USE OF THE ANALYSTIK SERVICES ARE AT YOUR SOLE RISK. WE DO NOT GUARANTEE THE ACCURACY AND DISCLAIM ANY RESPONSIBILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO ANY INFORMATION, PHOTOGRAPH(S), ETC., DISPLAYED THROUGH THE Analystik SERVICES OR IN RESULTING CONTENT. WE ARE NOT RESPONSIBLE FOR ANY CHARGES INCURRED BY USE OF THE ANALYSTIK SERVICES, INCLUDING BUT NOT LIMITED TO BANDWIDTH OVERRIDE CHARGES. FURTHER, WE AND OUR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE CONTENT, INFORMATION, SOFTWARE, AND SERVICES CONTAINED IN THE ANALYSTIK SERVICES FOR ANY PURPOSE, AND OUR INCLUSION OR OFFER OF ANY CONTAINER SERVICE DOES NOT CONSTITUTE OUR ENDORSEMENT OR RECOMMENDATION OF SUCH CONTENT OR SERVICE. ALL SUCH CONTENT, INFORMATION, SOFTWARE AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. WE AND OUR SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THE CONTENT, THE ANALYSTIK SERVICES, OUR SERVERS OR ANY EMAIL SENT BY US AND/OR OUR SUPPLIERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Analystik AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO SUCH INFORMATION, SOFTWARE AND SERVICES.
VENDORS PROVIDING OTHER CONTENT, SOFTWARE, SERVICES OR INFORMATION THROUGH THE ANALYSTIK SERVICES ARE CONTRACTORS INDEPENDENT AND NOT OF AGENTS OR EMPLOYEES OF ANALYSTIK. ANALYSTIK IS NOT RESPONSIBLE FOR ITS ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE, OR THOSE OF SUCH SUPPLIERS OR ANY DAMAGES OR EXPENSES RESULTING THEREFROM.
9. What are our limitations of liability and what types of damages are excluded?
IN NO EVENT WILL ANALYSTIK OR ITS SUPPLIERS BE HELD RESPONSIBLE FOR CONSEQUENTIAL DAMAGES, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL OR ATTORNEY’S FEES AND EXPENSES ARISING OUT OF THE Analystik SITES, THE ANALYSTIK SERVICES OR THE CONTENT, INCLUDING, WITHOUT LIMITATION, THE DELAY OR INABILITY TO ACCESS THEM, THE ‘DISPLAY OR USE (INCLUDING BUT NOT LIMITED TO ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, AND OTHER SERVICES OBTAINED THROUGH THE ANALYSTIK SITES, THE ANALYSTIK SERVICES, OR OTHERWISE RESULTING FROM ACCESSING, DISPLAY OR USE OF THE ANALYSTIK SERVICES) WHETHER THEY ARE BASED ON ANY THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND EVEN IF Analystik OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE LAWS OF SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES AS PROVIDED IN SECTION 8 ABOVE, OR “LIMITED WARRANTIES”, OR THE EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES AS PROVIDED IN THIS SECTION 9 . IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
10. What are your obligations to defend and indemnify Analystik?
You agree to defend and indemnify Analystik and/or its suppliers and any of their officers, directors, employees and agents against any and all claims, cause of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind, including but not limited to reasonable legal and accounting fees and costs, incurred by third parties at the as a result of: (i) your violation of these Terms of Service or the documents referenced herein; (ii) your violation of any law or the rights of a third party or any dispute with a third party; (iii) your access to or use of the Analystik Sites, Analystik Services, eMalaya Platform, and Content.
11. How do we enforce these Terms of Service?
12. What is the applicable law?
We do not warrant that the Analystik Services and Content are appropriate or available for use in any particular location. Those who choose to use the Analystik Services and Content are responsible for compliance with all applicable laws, including applicable local laws.
13. What other terms do you need to understand?
a. How will we notify you of any changes to these Terms of Service and when will these changes take effect?
Analystik may ask you to agree to the updated Terms of Service in a specific manner before use of the Analystik Sites, Analystik Services or eMalaya Platform is authorized. For example, if you personalized content last year under last year’s Terms of Service, then accessed that same Personalized Content this year after the effective date of these Terms of Service then these current Terms of Service will apply to your use of such content after the effective date of these current Terms of Service.
b. How do we respond to law enforcement or legal requests?
Our performance of these Terms of Service is subject to applicable laws and legal process, and nothing in these Terms of Service use does not limit our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of the Analystik Services, Content, or any information provided or collected by us with respect to of such use.
c. What if any of these Terms of Service is found to be unenforceable?
If any part of these Terms of Service is found to be invalid, illegal or unenforceable , the validity, legality and enforceability of the remaining provisions shall not be affected or altered in any way.
d. What constitutes our entire agreement with you?
e. How will we notify you and document our agreements using electronic communications?
f. Google Maps and Google Earth
To the extent permitted by applicable law, you agree to bring any claim or cause of action arising out of or relating to your access or use of the Content, Analystik Sites, Analystik Services, or the eMalaya Platform within one year from the date such claim or action arose or accrued or such claim or cause of action will be irrevocably abandoned. Before requesting arbitration, you agree to first contact us in writing describing your issues and concerns and what you would like Analystik to do to resolve your issues and concerns. The notice would be sent to the following address: 1430, rue Bélanger, Montreal (Quebec) H2G 1A4.
If 60 days after receipt of your written notification, we are unable to resolve your problems or concerns, either party may initiate arbitration proceedings.
Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party will bear its own costs (including attorneys’ fees) and disbursements arising from the arbitration and will pay an equal share of the fees and costs of ADR.
Arbitration proceedings are generally more limited, more efficient and less costly than the rules applicable in court and are subject to review very limited by a court.
UNLESS SUCH LIMITATION IS PROHIBITED IN YOUR JURISDICTION, ALL CLAIMS AND DISPUTES UNDER THIS ARBITRATION AGREEMENT SHALL BE ARBITRATED OR DISPUTED ON AN INDIVIDUAL AND NOT CLASS BASIS, AND MORE CLAIMS THEIR CLIENTS OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANOTHER CLIENT OR USER.
The arbitration proceedings and any award will be strictly confidential and will not be disclosed to any third party, except to the extent possible or as required by law or to enforce this arbitration agreement before a court.
If any part of this arbitration agreement is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired in any way whatever.
This arbitration agreement shall survive the termination of your relationship with Analystik.
This arbitration agreement does not apply to patent infringement or misappropriation , copyright, Analystik’s trademark or trade secrets.