Shirah Technologies Inc. (“Shirah”, “we”, “our”, and “us”) is a mobility technology company. We build and operate software products that support people who move for work or study, and the employers and institutions that receive them. This document governs your access to and use of our corporate website at https://shirah.co/ (the “Website”) and any content, functionality, or information offered on or through it.
The following terms and conditions (the “Terms and Conditions”) constitute a legally binding agreement between Shirah and you. If you access the Website from outside Canada, you know you are doing so at your own risk and you are responsible for ensuring that your use complies with the laws of your local jurisdiction.
Acceptance of the Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY USING OUR WEBSITE, YOU CONFIRM THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND CONDITIONS, YOU ARE OF LEGAL AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE TO FORM A BINDING CONTRACT WITH SHIRAH, AND YOU AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS AND CONDITIONS (INCLUDING ANY LINKED DOCUMENTS REFERRED TO IN THESE TERMS AND CONDITIONS), AS REVISED FROM TIME TO TIME. IF YOU ARE USING OR ACCESSING THE WEBSITE ON BEHALF OF AN ORGANIZATION, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND THAT ORGANIZATION TO THESE TERMS AND CONDITIONS, IN WHICH CASE “YOU” OR “YOUR” WILL REFER TO SUCH ORGANIZATION. IF YOU ARE DISSATISFIED WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESS TO AND USE OF THE WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, THEN YOU MUST NOT ACCESS OR USE THE WEBSITE.
These Terms and Conditions are effective on the earlier of the date (a) you click to accept these Terms and Conditions, or (b) you first use the Website.
By using the Website, you acknowledge Shirah’s Privacy Policy located at https://shirah.co/privacy, as revised from time to time, and you consent and agree to our collection, use, and disclosure of personal information as described in Shirah’s Privacy Policy.
Our Products and Their Separate Terms
Shirah builds and operates separate software products, each with its own website or platform, its own users and its own terms of use. These currently include MployNow, Portify and Studendly.
These Terms and Conditions govern the Website only. They do not govern any Shirah product. If you register for, log in to, or use any Shirah product, the terms of use published on that product’s website or platform govern that use, and those terms prevail over these Terms and Conditions to the extent of any conflict.
The Website does not offer user accounts, does not accept payment, and does not deliver any service. Descriptions of our products on the Website are provided for information only and do not form part of any agreement between you and Shirah or between you and any Shirah product.
Modifications
The “Last modified” legend above indicates when these Terms and Conditions were last amended. Shirah may unilaterally amend all or any part of these Terms and Conditions at any time by updating these Terms and Conditions on the Website. We will provide you with notice of the proposed amendments by posting an amended version of these Terms and Conditions with a new version date. We will include a link to the previous version of the Terms and
Conditions beneath the new version date. The amendments will take effect 30 days after the date on which the amended version is posted. Prior to that date, the previous version of the Terms and Conditions will continue to apply. If you disagree with any amendments, you may refuse the amendments and cease using the Website and any associated content or functionality within the 30-day notice period. There will be no cost or penalty for doing so. If you continue to access or use the Website after the 30-day period, you thereby agree to the amended Terms and Conditions. You agree to review these Terms and Conditions regularly to determine your rights and responsibilities.
Further, Shirah may at any time, with or without notice, without liability, and for any reason (a) remove any content, materials or information provided or made available through the Website; (b) remove any functionality or features from the Website; (c) change any functionality or features of the Website; and (d) deny any person access to the Website. Shirah furthermore reserves the right to take any action related to the Website that is required to comply with applicable laws.
Information Is Not Advice; No Reliance
We are not (a) a law firm, (b) a government agency, (c) an immigration consulting firm, or (d) attorneys-at-law. We do not offer legal advice, represent users in immigration proceedings, or guarantee definite outcomes. As such, the information, materials, tools, and content available on the Website, including all guides, communications, and other resources, are provided strictly for general informational purposes only. Such content does not constitute legal, immigration, or other professional advice, and should not be relied upon as a substitute for advice from a qualified legal or immigration professional. Your use of or reliance on the Website or any content provided does not create a solicitor-client, consultant-client, or other advisory relationship of any kind. If you require legal advice or representation, you should consult with a licensed legal or immigration professional in your jurisdiction.
You acknowledge and agree that Shirah has not made any guarantees regarding the outcomes of any actions you take based on information provided through the Website. You also understand that past results, whether achieved by users of our products or others, do not guarantee similar outcomes for you. The experiences or results of others are not a promise or indication of what you or any other person may achieve.
Although we make reasonable efforts to update the information on our Website, we make no representations, warranties, or guarantees, whether express or implied, that the content on our Website is accurate, complete, or up to date. Your use of the Website is at your own risk and neither Shirah nor its related entities, and their respective directors, officers, employees, agents, service providers, contractors, suppliers, or successors have any responsibility or liability whatsoever for your use of this Website.
Your Privacy and Personal Information
For a summary of how Shirah collects, uses and discloses personal information through the Website, please see our Privacy Policy located at https://shirah.co/privacy.
Intellectual Property
You understand and agree that the Website and its entire contents, features, and functionality, including, but not limited to, all information, software, code, data, text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, website layout, selection, and arrangement, are owned by Shirah, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including, without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.
Shirah grants you a personal, revocable, limited, non-exclusive, royalty-free, non-transferable licence to use the Website to access and view the content that Shirah makes available to you on the Website, including marketing materials, text, audio, video, photographs, illustrations, graphics, and other media, information and data, in each case subject to and conditional on your continued compliance with these Terms and Conditions.
Content on the Website is provided to you “as is” for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, modified, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Shirah.
“Shirah”, “MployNow”, “Portify”, “Studendly” and all related names, logos, product and service names, designs, images, and slogans are trademarks of Shirah or its affiliates or licensors. You must not use such marks without the prior written permission of Shirah. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on this Website are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.
You may only use the Website for your personal and non-commercial use. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.
Material You Send Us
The Website enables you to send us content including feedback, messages, text and other information (collectively, “Your Content”), for example through a contact form or a mailing list sign-up. You acknowledge and agree that you are solely responsible for all of Your Content and the consequences of sending it. Your Content must comply with all laws and these Terms and Conditions.
You agree that by providing any of Your Content in whatever form and through whatever means, you grant to Shirah a perpetual, worldwide, irrevocable, non-exclusive, sublicensable, royalty-free licence to use and process all or any portion of such Your Content in connection with responding to you and operating our business. In providing Your Content, you represent to Shirah that you have obtained at your own expense all necessary consents, rights and permissions required to grant that licence.
You will only include in Your Content the personal information of another individual if you have the express permission of that individual or if you are otherwise entitled to do so at law.
Shirah has the right, without notice, to remove or refuse to publish any of Your Content for any or no reason in our sole discretion, to take such actions with respect to any of Your Content as Shirah deems necessary or appropriate in our sole discretion, and to take appropriate legal action, including referral to law enforcement or any other governmental authority, with respect to Your Content or your use of the Website. Without limiting the foregoing, we will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone sending any materials through the Website.
You grant to Shirah and its affiliates a worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) licence to use and incorporate into its products and services any suggestion, enhancement request, recommendation, correction or feedback provided by you.
Conditions of Use and Site Content Standards
As a condition of your access and use of the Website, you agree that you may use the Website only for lawful purposes and in accordance with these Terms and Conditions.
The following site content standards apply to any and all content, material, and information you submit to the Website. You warrant and agree that your use of the Website shall not:
- Violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions.
- In any manner violate the terms of use of any third-party website that is linked to the Website.
- Use any robot, spider, scraper, crawler, artificial intelligence, bot or other automated means to access our Website for any purpose without Shirah’s prior express written permission.
- Send through the Website unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise.
- Include or contain any material that is exploitative, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit, violent, inflammatory, discriminatory, or otherwise objectionable, such determination to be made in Shirah’s sole discretion.
- Involve, provide, or contribute any false, inaccurate, or misleading information.
- Impersonate or attempt to impersonate Shirah, a Shirah employee, another user, or any other person or entity, including by using email addresses or usernames associated with any of the foregoing.
- Encourage any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Shirah or users of the Website or expose them to liability.
- Use the Website to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Otherwise access or use the Website beyond the scope of the authorizations expressly granted under these Terms and Conditions.
Any unauthorized or prohibited use of the Website or Shirah’s or any related third-party intellectual property may subject you to civil liability and criminal prosecution under applicable provincial, territorial, state, and federal law.
You will, and will not permit any third party to: (a) sell, resell, license, sublicense, distribute, make available, rent or lease the Website, or include the Website in a service bureau or outsourcing offering; (b) use the Website to publish or transmit any content or links that incite violence, depict a violent act, depict child pornography, or threaten anyone’s health and safety, or to store or transmit infringing, libelous, obscene, defamatory or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party rights, including intellectual property rights and privacy rights; (c) use the Website to send unsolicited bulk or commercial messages in violation of the laws and regulations applicable to your jurisdiction, or to store or transmit any virus, Trojan horse, worm, or other software, script or code, the effect of which is to permit unauthorized access to, or to alter, disable, encrypt, erase, or otherwise harm, any computer, systems, software or data (“Malicious Code”); (d) interfere with or disrupt the integrity or performance of the Website; (e) attempt to gain unauthorized access to the Website or its related systems or networks; (f) access or use any Shirah intellectual property except as permitted under these Terms and Conditions;
(g) alter, modify, reproduce, copy or make derivative works from all or any part of the Website or any part, feature, function or user interface of the Website, including any copyright, trademark, or any other notices that are provided on or in connection with any content; (h) frame or mirror any part of the Website, or otherwise incorporate any portion of the Website into any product or service; (i) access or use the Website in order to build a competitive product or service or to benchmark with a non-Shirah product or service; (j) reverse engineer the Website, or any software used to provide it, to the extent such restriction is permitted by applicable laws; (k) access or use any part of the Website that is, expressly or implicitly, not intended for use by you; (l) use any non-Shirah automation code in relation to the Website, including any “bot” or “spider”; (m) collect or harvest any information from the Website in a bulk or systematic way; (n) remove, alter, or obscure any proprietary notices on the Website; (o) probe, scan, or test the vulnerability of the Website or any network connected to it, or breach the security or authentication measures on it or on any network connected to it; (p) collect, harvest, reverse look-up, trace, or otherwise seek to obtain any information on any other user of or visitor to the Website; (q) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or any systems or networks connected to it; or (r) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message you send to Shirah or any other person on or through the Website.
Termination or Suspension of Access
We may terminate your access to and use of the Website at our sole discretion, at any time and without notice to you. If Shirah determines, in its sole discretion, that you are in violation of any provision of these Terms and Conditions, Shirah may suspend or terminate your use or access to the Website without notice to you. At all times, Shirah shall have the discretion to take such action as Shirah deems necessary, in its sole discretion, to preclude a violation, and Shirah shall not be liable for any damages of any nature suffered by you or a third party resulting from Shirah’s exercise of its rights under these Terms and Conditions.
Users are prohibited from attempting to circumvent and from violating the security of the Website.
We also reserve the right, without provision of notice, to take appropriate legal action, including referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Website. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone sending any materials through the Website.
YOU WAIVE AND HOLD HARMLESS SHIRAH AND ITS RELATED ENTITIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, SUPPLIERS, OR SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY SHIRAH AND ANY OF THE FOREGOING PARTIES RELATING TO ANY INVESTIGATIONS BY EITHER SHIRAH OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.
Any provision of these Terms and Conditions that contemplates performance or observance subsequent to termination or expiration of these Terms and Conditions will survive termination or expiration of these Terms and Conditions and continue in full force and effect, including those relating to proprietary rights, privacy, warranties, disclaimers of warranties, indemnification, limitation of liability, and remedies.
Third-Party Websites and Services
We are not responsible for third-party websites or materials that you access.
For your convenience, the Website may provide links to third-party websites and to the websites of our own products. We make no representations about any other websites that may be accessed from the Website. If you choose to
access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.
You may not create a link to any part of our Website other than the homepage without our prior written consent. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with these Terms and Conditions. You agree to cooperate with us by immediately stopping any unauthorized framing or linking.
Shirah may rely on third-party services, including but not limited to Google Cloud and Mailchimp. These services are not operated or controlled by Shirah, and we are not responsible for their content or functionality. Your use of these services is subject to their respective terms and conditions.
Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE AND ITS CONTENT IS AT YOUR OWN RISK.
THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
NEITHER SHIRAH AND ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS.
WITHOUT LIMITING THE FOREGOING, NEITHER SHIRAH AND ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT THE WEBSITE OR ITS CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND YOUR COMPUTER, INTERNET, AND DATA SECURITY.
TO THE FULLEST EXTENT PROVIDED BY LAW, SHIRAH WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN ALL CASES, SHIRAH’S LIABILITY TO YOU, INCLUDING BUT NOT LIMITED TO LIABILITY FOR A BREACH OF SHIRAH’S OBLIGATIONS UNDER THIS AGREEMENT OR SHIRAH’S PRIVACY POLICY, OR FOR NEGLIGENCE, SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100.00), AS LIQUIDATED DAMAGES, NOT AS A PENALTY, AND AS YOUR SOLE AND EXCLUSIVE REMEDY.
TO THE FULLEST EXTENT PERMITTED BY LAW, SHIRAH, ITS SUPPLIERS, CONTENT PROVIDERS, LICENSORS, AND THEIR RESPECTIVE MANAGERS, EMPLOYEES, OFFICERS, DIRECTORS, REPRESENTATIVES, SERVANTS, CONTRACTORS AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES FOR ANY REASON, EVEN IF THEY HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR EVEN IF THE ABOVE LIQUIDATED DAMAGES SHOULD FAIL IN THEIR ESSENTIAL PURPOSE. THIS INCLUDES, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, SUCH AS PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, MISSED DEADLINES, OR OTHER LOSSES, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
IN ADDITION TO THE FOREGOING, SHIRAH WILL NOT BE LIABLE FOR AND EXPRESSLY DISCLAIMS ANY LOSSES, DAMAGES, OR DELAYS RESULTING FROM: GOVERNMENT ACTIONS, INCLUDING CHANGES TO IMMIGRATION LAWS, POLICIES, OR PROCEDURES; INCOMPLETE, INACCURATE, OR MISLEADING INFORMATION PROVIDED BY YOU; OR FACTORS BEYOND OUR REASONABLE CONTROL.
NOTHING IN THIS SECTION AFFECTS ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Indemnification
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Shirah, its related entities, and their respective directors, officers, employees, agents, service providers, contractors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your breach of these Terms and Conditions, your use of the Website, and/or your violation of any law or the rights of any third party. Shirah reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defence of these claims. You agree not to settle any matter or enter into an admission of guilt, wrongdoing or liability without the prior written consent of Shirah.
Export Controls
These Terms and Conditions are expressly made subject to any laws, regulations, orders or other restrictions on export from the United States of America (U.S.) or Canada of the Website, or any information about it, which may be imposed from time to time by the governments of the U.S. or Canada. You shall not export the Website, or any information about it, without the prior written consent of Shirah and compliance with such laws, regulations, orders and other restrictions. You represent and warrant that (a) you are not located in a country that is subject to a U.S. or Canadian government embargo, or that has been designated by the U.S. or Canadian government as a “terrorist supporting” country, and (b) you are not listed on any U.S. or Canadian government list of prohibited or restricted parties.
Governing Law
The Website and these Terms and Conditions will be governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein. Any action or proceeding arising out of or relating to the Website and under these Terms and Conditions will be instituted in the courts of the Province of Alberta, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding.
Injunction
You acknowledge that any breach, threatened or actual, of these Terms and Conditions will cause irreparable harm to Shirah, such harm would not be quantifiable in monetary damages, and Shirah would not have an adequate remedy at law. You agree that Shirah shall be entitled, in addition to other available remedies, to seek and be awarded an
injunction or other appropriate equitable relief from a court of competent jurisdiction anywhere in the world restraining any breach, threatened or actual, of your obligations under any provision of these Terms and Conditions, and without the necessity of showing or proving any actual or threatened damage or harm, notwithstanding any rule of law or equity to the contrary. You hereby waive any requirement that Shirah post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Shirah to enforce any provision of these Terms and Conditions.
Class Action Waiver
Any proceedings to resolve or litigate any dispute, controversy or claim arising under, out of, in connection with, or related to (a) the Website; or (b) these Terms and Conditions, or their subject matter, negotiation, performance, renewal, termination, interpretation, or formation, will be conducted solely on an individual basis. Neither you nor Shirah will seek to have any such dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No proceeding will be combined with another without the prior written consent of all parties to all affected proceedings. If this class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then this section will not apply to those parts.
Waiver
No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof; and no single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
Severability
If any term or provision of these Terms and Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.
Entire Agreement
These Terms and Conditions, including our Privacy Policy, constitute the sole and entire agreement between you and Shirah regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter. They do not supersede the terms of use of any Shirah product.
Assignment
These Terms and Conditions and any rights and licences granted hereunder may not be transferred or assigned, subcontracted, delegated, or otherwise transferred by you without Shirah’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Shirah may freely assign this agreement. These Terms and Conditions shall be binding upon permitted assignees.
Miscellaneous
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Shirah as a result of these Terms and Conditions or use of our Website.
The section titles used in these Terms and Conditions are purely for convenience and carry with them no legal or contractual effect.
The Website may be subject to U.S. and Canadian export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any technical data acquired from Shirah or any products utilizing such data in violation of United States, Canadian, or other applicable export laws or regulations. Use of a virtual private network service, IP routing services, or other similar services for the purpose of circumventing these laws is strictly prohibited.
Contact
Any questions or concerns about the Website can be directed to us by email at enquiries@shirah.co.