Terms of Service

1.User Agreement #

This User Agreement (“Agreement”) is made between Kibog Inc. (“Kibog”, “ezbook” or Ezbook”, “ezbook.com”, “Us”, “We”, “Our”), and the user (“User”, “you”, “your”) to govern your use of ezbook.com user account, (“User Account”). Please read this Agreement carefully. To use the User Account, you must accept all of the terms of this Agreement.

BY COMPLETING THE USER ACCOUNT CREATION PROCESS AND ENTERING INTO THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT AND EXPRESSLY AGREE TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS, AND ANY OTHER TERMS AND CONDITIONS, NOTICES AND DISCLAIMERS DISPLAYED ELSEWHERE ON THE EZBOOK WEBSITE OR IN THE USER ACCOUNT. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, THEN YOU UNDERTAKE TO NOT CLICK ON THE “I HAVE READ AND ACCEPTED THE EZBOOK TERMS OF SERVICE CHECK BOX AND STOP USING THIS PRODUCT/PLATFORM. YOU ALSO ACKNOWLEDGE THAT YOU HAD AN OPPORTUNITY TO REVIEW THE EZBOOK PRIVACY POLICY AND/OR SUBSCRIPTION AGREEMENT OR THAT IT HAS BEEN MADE AVAILABLE TO YOU.

1. User
You must be a person of at least 18 years of age You acknowledge that Ezbook will be collecting information about you such as your name, date of birth, address, credit card information, etc. By entering into this Agreement, you consent to the collection of such information and hereby authorizes Ezbook to use or disclose any such information to Ezbook’s representatives, agents and to any organizations using Ezbook (“Client”) e-commerce platform, (“Platform”) to whom you direct the disclosure of such information (or any part thereof) as part of your use of the User Account.
You agree to provide accurate, complete and current information, as requested. You undertake to advise Ezbook of any changes to such information by periodically updating the information. All information provided by you will be treated in accordance with the Ezbook Privacy Policy, which shall form an integral part of this Agreement.
The User Account is currently provided free of charge to you. However, Ezbook reserves the right to instate a fee in the future by providing you with 60-days prior written notice before such fee shall come into effect. Should you choose to refuse the fee during the 60-day period, this Agreement will be cancelled at no cost or penalty to you.

2. Access to the User Account
During the User Account creation process, you will choose a password with which to access the User Account. You must ensure that your password remains confidential at all times since you are entirely responsible for all activities that occur with the use of your password. Each password must be used by a single User and shall not be transferable. If there is a breach of security through your User Account, you must immediately change your password and notify Ezbook of such breach. You agree that, unless you have first notified Ezbook immediately of any such breach, Ezbook shall process any instruction that has been transmitted using your password as having been authorized by you and shall have no obligation to inquire into the propriety of such instruction. You shall not permit any use of your User Account that would damage, interfere with or unreasonably overload the Platform and the User Account.
Once you have chosen a password, Ezbook will provide you with a User Account to access the Platform. You will be given the option to add other people or legal entities (“Beneficiaries”) to your User Account or to keep your User Account private. You represent and warrant that you have the legal authority, as parent, guardian, tutor or otherwise, to provide Ezbook with information regarding such Beneficiaries or otherwise are expressly authorized by such people or legal entities to provide and use such information as contemplated hereunder. You represent and warrant that Beneficiaries understand that you and other Beneficiaries may have access to information through your User Account and agree to such access.

3. User Responsibilities
You shall: (i) have sole responsibility for the accuracy, quality, integrity, legality, reliability and appropriateness of any User Account activity; (ii) use commercially reasonable efforts to prevent unauthorized access to, or use of, your User Account and notify Ezbook promptly of any such unauthorized use; and (iii) comply with all applicable local, state, provincial, federal and foreign laws in using the User Account.
During the term of this Agreement, Ezbook grants you (for you or for and on behalf of the Beneficiaries), a non-exclusive, , non-transferable, non-sub-licenseable right and license to use the User Account You agree to use the User Account solely for purposes as contemplated by this Agreement and further agrees that it will not: (i) license, sublicense, sell, resell, rent, lease, assign, distribute, timeshare or otherwise commercially exploit or make the User Account available to any third party, other than as contemplated by this Agreement; (ii) send spam or otherwise duplicative or unsolicited messages in violation of applicable law; (iii) send or store infringing, obscene, threatening, libellous or otherwise unlawful or material which gives rise to a delict or is otherwise tortuous, including material violating third party rights including, but not limited to, privacy of rights; (iv) send or store material containing software viruses, worms, Trojan horses or harmful computer codes, files, scripts, agents or programs; (v) interfere with or disrupt the integrity or performance of the User Account or the data contained therein; (vi) attempt to gain unauthorized access to the Platform or its related systems or networks; (vii) modify, copy or create derivative works; (viii) create internet “links” to or from the User Account, or “frame” or “mirror” any content forming any part of the Platform other than for your own use; or (ix) disassemble, reverse engineer or decompile the User Account or the Platform for any purpose or reason.

4. Termination
This Agreement is effective when accepted by you, and will remain in effect until you or Ezbook closes your User Account. You may close your User Account at any time by providing Ezbook with a 15-day prior written notice. This Agreement may be terminated by ezbook without cause, at any time, immediately after notice to you of such termination.
If your User Account remains inactive for a period of 12 months, Ezbook reserves the right, in its sole discretion, to close your User Account, and terminate your access without notice. You will be permitted to re-open your User Account at any time, except as otherwise provided in this Agreement.
In the event that a party hereto breaches any of the terms and conditions herein (“Default”) and such Default is not cured or remedied within 10 days (“Cure Period”) from the date of receipt of a notice of default from the other party to that effect, this Agreement may be terminated by the non-defaulting party upon expiration of the Cure Period.

5. Warranty and Disclaimer
THE USER ACCOUNT IS PROVIDED ON AN “AS IS” AND “WHEN AVAILABLE” BASIS AND EZBOOK MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE USER ACCOUNT, INCLUDING, BUT NOT LIMITED TO:
a. ANY WARRANTY THAT THE USER ACCOUNT DOES NOT INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS;
b. ANY WARRANTY THAT THERE ARE NO CLAIMS, SUITS OR ACTIONS IN CONNECTION WITH ANY INTELLECTUAL PROPERTY RIGHT VIOLATION OR INFRINGEMENT RELATING TO THE USE AND REPRODUCTION OF THE USER ACCOUNT;
c. ANY WARRANTY CONCERNING THE MERCHANTABILITY OF THE USER ACCOUNT, ITS FITNESS FOR ANY PURPOSE, ITS INNOVATIVENESS, OR ITS SECURITY;
d. ANY WARRANTY THAT THE USER ACCOUNT IS FREE FROM ERROR, THAT IT WILL PERFORM WITHOUT INTERRUPTION, THAT IT WILL BE COMPATIBLE WITH YOUR EQUIPMENT, SOFTWARE OR OPERATING SYSTEM CONFIGURATION, OR THAT IT WILL MEET YOUR NEEDS;
e. ANY WARRANTY CONCERNING THE PERFORMANCE, THE USEFULNESS, THE QUALITY OR THE OPERATION OF THE USER ACCOUNT OR THE RESULTS STEMMING FROM ITS INTENDED OR OTHER USE, YOU BEING SOLELY RESPONSIBLE TO DETERMINE AND ASSURE, BY ANY MEANS, THE APPROPRIATENESS OF THE USER ACCOUNT FOR YOUR NEEDS, ITS ADEQUATE PERFORMANCE AND TO ASSURE THAT IT WILL NOT CAUSE ANY DAMAGES TO ANY PEOPLES OR PROPERTY;

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
EZBOOK MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE CLIENT GOODS OR SERVICES (“QUALIFIED OFFERING”) PROVIDED OR TO BE PROVIDED BY ANY COMPANY, ENTERPRISE, SYNDICATE, ASSOCIATION, PARTNERSHIP OR ANY OTHER LEGAL ENTITY WITH WHICH YOU (OR ANY BENEFICIARIES) ARE ENROLLING TO A SERVICE, BUYING GOODS OR OTHERWISE CONTRACTING WITH, USING THE USER ACCOUNT CONTEMPLATED HEREIN, INCLUDING, BUT NOT LIMITED TO:

a. ANY WARRANTY CONCERNING THE MERCHANTABILITY OF THE QUALIFIED OFFERINGS OF THE CLIENT, THEIR FITNESS FOR ANY PURPOSE;
b. ANY WARRANTY THAT THE QUALIFIED OFFERINGS WILL MEET YOUR (OR THE BENEFICIARIES’S) NEEDS;
c. ANY WARRANTY THAT THE QUALIFIED OFFERINGS WILL BE DELIVERED;
d. ANY WARRANTY CONCERNING THE PERFORMANCE, THE USEFULNESS, THE QUALITY OR THE OPERATION OF THE QUALIFIED OFFERINGS OR THE RESULTS STEMMING FROM ITS INTENDED OR OTHER USE, YOU AND YOUR BENEFICIARIES BEING SOLELY RESPONSIBLE TO DETERMINE AND ASSURE, BY ANY MEANS, THE APPROPRIATENESS OF THE QUALIFIED OFFERINGS FOR YOUR NEEDS, ITS ADEQUATE PERFORMANCE;

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
a. ANY WARRANTY CONCERNING THE MERCHANTABILITY OF THE QUALIFIED OFFERINGS OF THE CLIENT, THEIR FITNESS FOR ANY PURPOSE;

b. ANY WARRANTY THAT THE QUALIFIED OFFERINGS WILL MEET YOUR (OR THE BENEFICIARIES’S) NEEDS;

c. ANY WARRANTY THAT THE QUALIFIED OFFERINGS WILL BE DELIVERED;

d. ANY WARRANTY CONCERNING THE PERFORMANCE, THE USEFULNESS, THE QUALITY OR THE OPERATION OF THE QUALIFIED OFFERINGS OR THE RESULTS STEMMING FROM ITS INTENDED OR OTHER USE, YOU AND YOUR BENEFICIARIES BEING SOLELY RESPONSIBLE TO DETERMINE AND ASSURE, BY ANY MEANS, THE APPROPRIATENESS OF THE QUALIFIED OFFERINGS FOR YOUR NEEDS, ITS ADEQUATE PERFORMANCE;

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
EZBOOK DISCLAIMS ALL LIABILITIES ASSOCIATED WITH OR STEMMING FROM ANY DIRECT OR INDIRECT DAMAGES WHATSOEVER, INCURRED, OR SUFFERED BY YOU OR YOUR BENEFICIARIES AS A RESULT OF THE USE, NON DELIVERY OR PERFORMANCE OF THE QUALIFIED OFFERINGS, WHETHER OR NOT EZBOOK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR SUCH DAMAGE WAS REASONABLY FORESEEABLE.
NO PERSON IS AUTHORIZED TO MAKE ANY OTHER WARRANTY OR REPRESENTATION CONCERNING THE PERFORMANCE OF THE USER ACCOUNT OTHER THAN AS PROVIDED IN THIS AGREEMENT. WITHOUT LIMITING THE FOREGOING, EZBOOK DOES NOT WARRANT THE USER ACCOUNT IS ERROR FREE, WILL MEET THE USER REQUIREMENTS OR EXPECTATIONS, OR THE PERFORMANCE OR THE RESULTS THAT MAY BE OBTAINED BY USING THE USER ACCOUNT.

6. Limitation of Liability
NEITHER EZBOOK, ITS AFFILIATES, DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES OR ASSIGNS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COLLATERAL OR CONSEQUENTIAL DAMAGES OR FOR ANY LOST OR IMPUTED PROFITS OR REVENUES OR LOST DATA OR COSTS OF COVER ARISING FROM OR RELATED TO THE USER ACCOUNT OR THIS AGREEMENT, REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH LIABILITY IS ASSERTED AND REGARDLESS OF WHETHER A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LIABILITY, LOSS OR DAMAGE.

7. General Provisions
a. Governing Law and Jurisdiction
This Agreement shall be governed by and construed exclusively in accordance with the laws of the Province of Ontario, and the federal laws of Canada applicable thereto. The Parties hereby attorn to the exclusive jurisdiction of the Courts of the Province of Ontario, Canada, Central South Region.

b. Entire Agreement
This Agreement contains the sole and entire agreement and understanding between Ezbook and you with respect to the entire subject matter of the use by you of the User Account. Any and all prior agreements, discussions, negotiations, commitments and understandings, whether oral, written or otherwise, related to our User Account are hereby superseded and/or merged herein.

c. Severability
If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provisions shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in effect.

d. Amendments
Ezbook may modify this Agreement at any time by posting the revised Agreement on our website, www.ezbook.com. Your continued use of the User Account after any modification is posted shall constitute your acceptance of such revised Ezbook User Agreement.

2.Subscription Agreement #

THE USE OF THIS SOFTWARE, EZBOOK.COM, IS SUBJECT TO THIS SUBSCRIPTION AGREEMENT (THE “AGREEMENT”), PLEASE READ THIS DOCUMENT CAREFULLY. THIS IS A LEGAL AGREEMENT BETWEEN Kibog Inc. (“Kibog”, “ezbook”, “ezbook.com”, “Us”, We, “Our”) AND YOU (“YOU”, “YOUR” OR “YOURSELF”) WHICH GOVERNS YOUR USE OF OUR INTERNET-BASED SCHEDULING/BOOKING and REGISTRATION SOFTWARE SERVICE. YOU MAY ONLY USE THIS SOFTWARE FOR ITS INTENDED PURPOSE ONLY.
WARNING: EZBOOK.COM (THE “SOFTWARE” OR “SERVICES”) IS PROTECTED BY COPYRIGHT LAWS AND INTERNATIONAL COPYRIGHT TREATIES, AS WELL AS OTHER INTELLECTUAL PROPERTY LAWS AND TREATIES. UNAUTHORIZED REPRODUCTION OR DISTRIBUTION OF THE SOFTWARE, OR ANY PORTION OF IT, MAY RESULT IN SEVERE CIVIL AND CRIMINAL PENALTIES, AND WILL BE PROSECUTED TO THE MAXIMUM EXTENT POSSIBLE UNDER THE LAW. THE SOFTWARE IS LICENSED, NOT SOLD.

1. Purchased Services and Payment Terms.
A. For so long as you are a client of us and paying the fee as required by this Agreement, Kibog grants to you a non-exclusive right to use the Services, subject to the restrictions set forth in this Agreement and any other restrictions communicated by us in writing.
B. You shall choose the Services plan to be provided by us under the terms and pricing set forth at www.ezbook.com or agreed to separately.
C. By signing up for the Services, you agree to pay on a monthly or agreed up periodic basis basis the fees (“Service Fee”) designated for the Service plan selected by you at www.ezbook.com.
D. Subject to Section 1(g), at the end of each month (or agreed upon term), your subscription will continue to automatically renew at the fee rate applicable to the Service plan which you have selected, unless terminated by us or until you notify us of your decision to cancel your subscription to the Services.
E. Payments will automatically be processed via the bank transfer or online payment processing solutions or agreed to payment method at the beginning of each month (“Billing Date”).
F. If we do not receive the full amount of your Service Fee by the next “Billing Date”, a late payment charge of 1.5% per month will be added to your bill and immediately become due and payable. We also reserve the right to suspend and/or terminate the account by providing a 5 days notice.
G. You agree to pay us all reasonable attorney fees and collection costs incurred by us to collect any past due amounts. Your account will be deactivated without further notice if payment is past due, regardless of the dollar amount. You agree to pay any outstanding balance in full within 30 days of cancellation or termination of the Services.
H. We may amend the fees at any time with thirty (30) days written notice to you.

2. Service Implementation and Registration.
A. You agree to use the Services only through your website or software application or a industry standard website browser (the “Site”) and we reserve approval authority as to the implementation and use of the Services on the Site. We may suspend the Services in the event we find any implementation issues with the Site. Such suspension shall remain in effect until you correct any issues specified by Kibog and a suspension shall not relieve you of your payment obligations under the Agreement.
B. You agree to provide us with current, complete and accurate user and business information for the Services and to maintain and properly update such information (“Registration Data” or “Account Information”).
C. You agree to provide true, accurate, current and complete information about yourself as prompted by the Service registration process (such information being the “Registration Data”). You further agree that, in providing such Registration Data, you will not knowingly omit or misrepresent any material facts or information and that you will promptly enter corrected or updated Registration Data via the Service, or otherwise advise us promptly in writing of any such changes or updates. You further consent and authorize us to verify your Registration Data as required for your use of and access to the Service. Once you subscribe to the Service, you shall receive a unique user ID and password in connection with your account (collectively referred to herein as “IDs”). You agree that you will not allow another person to use your IDs to access and use the Service under any circumstances. You are solely and entirely responsible for maintaining the confidentiality of your IDs and for any charges, damages, liabilities or losses incurred or suffered as a result of you failure to do so. Kibog and its affiliates are not liable for any harm caused by or related to the theft of your IDs, your disclosure of your IDs, or your authorization to allow another person to access and use the Service using your IDs. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account including any charges incurred relating to the Service. You agree to immediately notify Kibog of any unauthorized use of your account or any other breach of security known to you. You acknowledge that the complete privacy of your data and messages transmitted while using the Service cannot be guaranteed.

3. Free Trial Period and Subscription
Free Usage: Kibog reserves the right to offer free use of the system to certain qualified individuals or organizations. This offer is at the sole discretion of Kibog and has certain restrictions and limitation, example, management of a single resource only and will be restricted to a maximum of five (5) users. These limits and conditions may, at the sole discretion of FMH/EZBook, be adjusted from time to time and the free offer may be revoked by giving 15 days notice to any participant at any time. If a subscriber exceeds the limits and restrictions set for a Free Usage Account, the account may be converted to a regular paid subscription and all standard rules and agreements will apply as per the license agreement for such accounts.

4. Service Use and Limitations.
A. Kibog will make reasonable efforts to keep the Services operational 24 hours a day, 7 days a week, except for: (i) planned downtime (of which we will provide at least 8 hours prior notice); or (ii) any unavailability caused by circumstances beyond our control, including but not limited to, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems or Internet service provider failures.
B. We will be using or connecting to a third-party payment gateway service provider; however, we make no representation as to the availability of the payment gateway service provider and are not responsible for any downtime or system outage of the payment gateway service provider.
C. ezbook is a scheduling/booking and registration software service. You acknowledge and agree that: (i) We could be processing payment transaction on your or your customer\.s behalf; (ii) We are not a bank or other chartered depository institution; and (iii) We will not be holding any monies for you or your customers other than the fee collected by us on your behalf and which are yet to be transferred to you. Accordingly, you agree that we will not be responsible or liable for any amounts related to any credit-card or online payment transaction other than the fee collected by us on your behalf as part of the reservation confirmation process.
D. Kibog will transfer the monies collected on your behalf, minus any predetermined processing fees, on a weekly basis or a mutually agreed to timeline. Kibog’s preferred method of funds transfer is through PayPal or an online payment processing service, but, will work with you if you propose an alternate feasible model.

5. Ownership.
Subject to the limited rights expressly granted hereunder, we reserve all rights, title and interest in and to the Services, including all related intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein. You agree not to reverse-engineer, reproduce, duplicate, copy, sell, resell, probe or exploit any portion of the Services, use of the Services or access to the Services without the express written consent of us. The look and feel of the Services is copyright © 2016-2018 Kibog Inc. All rights reserved. You may not duplicate, copy or reuse any portion of the visual design elements without the express written consent of us.

6. Termination.
You may terminate this Agreement at any time by providing a 15 days notice and ceasing all use of the Services after the 15 days notice period. We may terminate this Agreement, at any time, without notice to you, if it believes, in its sole judgment, that you have breached or may breach any term or condition of this Agreement. You agree that termination of this Agreement will not relive you of any obligation to pay any accrued charges. You shall be charged the full amount of the fee for the month in which the Services were terminated. All sections which by their nature should survive the expiration or termination of the Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.

7. Limitation of Liability.
EXCEPT FOR THE INDEMNIFICATION OBLIGATIONS OF THE PARTIES SET OUT HEREIN, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY ON ACCOUNT OF ANY CLAIM (WHETHER BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, THE FAILURE OF ANY LIMITED REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE) FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR THE INDEMNIFICATION AND CONFIDENTIALITY OBLIGATIONS OF THE PARTIES SET OUT HEREIN, IN NO EVENT SHALL EITHER PARTY\.S LIABILITY EXCEED AN AMOUNT EQUAL TO THE FEES PAID BY LICENSEE UNDER THIS AGREEMENT. IF YOU ARE DISSATISFIED WITH THE SOFTWARE YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SOFTWARE.

8. Warranty.
WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SERVICES, SUPPORT SERVICES OR ACCURACY, COMPLETENESS, OR SUITABILITY OF ANY OF THE MATERIAL CONTAINED WITHIN THE SERVICES AND WE MAKE NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR COMPATIBLE WITH ANY HARDWARE OR SYSTEMS SOFTWARE CONFIGURATION.

9. Confidentiality.
You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special, and unique asset of Kibog and agree that you will not disclose, transfer, or use (or seek to induce others to disclose, transfer, or use) any Confidential Information for any purpose other than disclosure to Your authorized employees and agents who are bound to maintain the confidentiality of the Confidential Information. You shall notify Kibog in writing of any circumstances which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer, or use. You shall return all originals and copies of materials containing Confidential Information upon termination of this Agreement for any reason whatsoever. The term “Confidential Information” means any and all of Kibog \.s trade secrets, confidential and proprietary information and all other information and data of Kibog that is not generally known to the public or other third parties who could derive economic value from its use or disclosure, including, but not limited to, the Software. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances or other business information disclosed directly or indirectly in writing, orally or by drawings or observation.

10. Indemnification.
You agree to defend, indemnify and hold us harmless from and against any and all liability, loss or damage, cost or expense, including but not limited to court costs, attorney fees, and any awards or damages caused by, relating to or incident to: (a) your use of the Services; (b) the Site; (c) claims by your customers or payment gateway service provider; or (d) the products and/or services offered through the Site.

11. Governing Law.
This Agreement will be governed and construed in accordance with the laws of the Province of Ontario without regard to its rules governing conflicts of law. Exclusive jurisdiction for any dispute with Kibog, or in any way relating to this Agreement, resides in the courts of the Province of Ontario and Licensee submits to the personal jurisdiction of, and venue in, such court(s).

12. Miscellaneous.
This Agreement, the web site policies associated with our site through which the Software is accessed and all applicable forms constitute the entire agreement between the parties relating to the Software and supersede all prior or contemporaneous oral or written communications with respect to its subject matter. No modification to this Agreement will be binding, unless in writing and signed by a duly authorized representative of the parties. The parties to this Agreement are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement. Neither party shall have the power to obligate or bind the other party. The waiver of any breach of this Agreement by either party shall not constitute a continuing waiver or a waiver of any subsequent breach of this Agreement. If any term or provision of this Agreement shall be held invalid or unenforceable, the remainder of this Agreement will not be affected and each such term or provision of this Agreement shall continue to be valid, binding and enforceable to the fullest extent permitted by law. Nothing in this Agreement shall prohibit Kibog from furnishing the Service to others, including competitors of you.

d. Amendments
Ezbook may modify this Agreement at any time by posting the revised Agreement on our website, www.ezbook.com. Your continued use of ezbook after any modification is posted shall constitute your acceptance of such revised Ezbook Agreement.

3.How to contact us #

If you have questions about our User Agreement or Subscription Agreement or our Terms of Service generally, please contact us at:
Email: info@ezbook.com or info@kibog.com
Or
Kibog Inc.
2010 Winston Park Drive
Suite 200
Oakville, ON
Canada L6H 5R7

Phone: 289-291-7683

LAST MODIFIED: JANUARY 5, 2018

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