Terms and Conditions of Use
These terms and conditions (“Terms”) govern your access to, and use of, the website (the “Website”) owned, operated or provided by or on behalf of Celero Solutions Inc. (“Celero”). As used in these Terms, “you” and “your” refers to you, the person accessing the Website; “we” means (and “us”, “our”, “ours” and “ourselves” refer to) Celero; and “party” or “parties” refers to both you and us. The effective date of these Terms is when you accept same, in accordance with the below.
By accessing and using this website you are signifying your acceptance of and, agreement to comply with and be bound by, these Terms, and all applicable laws and regulations. If you do not agree with these Terms, you have no right or license to access the Website and you should refrain from accessing or using the Website, its contents, or obtaining documents or information from the Website. Celero may, in its sole discretion, revise these Terms at any time without advance notice to you, and such revisions will be effective as of the date these revisions or updates (or an updated version of these Terms) is posted to the Website. Your continued use of the Website after such updates are posted will signify your agreement to the revised Terms.
Right of Access and Intellectual Property
Subject to these Terms, you are granted a limited personal, non-exclusive, non-transferable, revocable license to access, view and use the Website, including a limited license to download, print and store single copies of content (other than source code) from the Website, for your personal use, provided that you maintain all copyright and other notices contained in such items and you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover, any source code, in the Website. Any and all rights not expressly granted to you are reserved by Celero, and these Terms do not confer to you a proprietary interest in the Website or any content of the Website.
Celero either owns all intellectual property rights, including without limitation copyright and trade-mark rights, or has acquired the necessary rights or licenses, in all materials displayed or otherwise accessible on or through the Website (“Content”), including, without limitation, all written, audio visual or other materials and graphical elements on the Website, and such Content is protected by copyright, pursuant to Canadian copyright laws, international conventions and other copyright laws. Content may not be used by you without the express written permission of Celero, such use to be solely for non-commercial purposes.
Certain words, phrases, names, designs or logos made available on or through the Website may constitute trademarks, services marks, or trade names that are owned by Celero or others. The display of such marks on or through the Website does not imply that you have been granted a licence by Celero or others with respect to them.
Third Party Services and Content
Your use of the Website may rely on or link to services and products which are offered by third parties (“Third Party Services”). Celero has no responsibility to you for anything third parties do (or fail to do) and we provide no warranties or guarantees regarding third parties or Third Party Services. Your use of Third Party Services may be subject to specific terms and conditions which are set by those third parties.
Celero may make third parties’ content and materials (“Third Party Content”) available to you through the Website. Celero making available such Third Party Content does not constitute an endorsement or recommendation, and Celero is not responsible for any reliance you may place on Third Party Content. Celero makes no warranties or representations as to any Third Party Content and shall have no liability for it. Any opinions or statements made by third parties are those of such third parties, and do not necessarily state or reflect Celero’s views.
The Website and Content is provided “as is”, on an as-available basis, and without warranties or conditions of any kind, either expressed or implied, including without limitation any implied warranties of merchantability, merchantable quality, fitness for a particular purpose, title, or non-infringement. Celero does not warrant that the Website or Content contained in this Website will be uninterrupted or error-free, that defects will be corrected, or that this website or the server that makes it available are free of viruses or other harmful components.
Without limiting the foregoing, Celero does not warrant or make any representation regarding use, the ability to use, or the result of use of the Content in terms of accuracy, reliability, or otherwise. The Content may include technical inaccuracies or typographical errors. Celero makes no warranties that your use of the Content will not infringe the rights of others and assumes no liability or responsibility for errors or omissions in such content. By accessing and using the Website and/or the Content, you acknowledge and agree that such access and use is entirely at your own risk.
Limitation of Liability
EXCEPT TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW, IN NO EVENT WILL CELERO, OR ANY OF ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND/OR DIRECTORS, BE LIABLE TO YOU FOR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, ANY INACCURACY, INCOMPLETENESS OR INCORRECTNESS CONTAINED IN THE CONTENT OR MATERIALS DISPLAYED, ACCESSED OR USED AS PART OF THE WEBSITE, OR YOUR RELIANCE OR ACTING UPON THE CONTENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM LOSS OF REVENUE, USE, DATA, OR PROFITS, INJURY TO REPUTATION OR GOODWILL, OR THE COST OF SUBSTITUTE GOODS OR SERVICES) WHETHER SUCH DAMAGES ARISE UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR ANY OTHER LEGAL THEORY, AND EVEN IF SUCH DAMAGES ARE FORESEEABLE. IF, UNDER APPLICABLE LAW, LIABILITY FOR DIRECT DAMAGES CANNOT BE EXCLUDED (NOTWITHSTANDING THE FOREGOING), THEN THE TOTAL CUMULATIVE LIABILITY OF CELERO (OR ANY OTHER PERSON) IN CONNECTION WITH THESE TERMS AND THE WEBSITE, WHETHER IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE GREATER OF $5.00 CDN. THE EXISTENCE OF MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMIT. YOU ACKNOWLEDGE THAT THIS LIMITATION REFLECTS THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT CELERO WOULD NOT AGREE TO THESE TERMS WITHOUT THESE LIMITATIONS ON ITS LIABILITY.
You agree to defend, indemnify and hold harmless Celero, its employees, agents, officers and directors from and against any and all claims, damages, obligations, judgments, losses, liabilities, costs or debt, attorney’s fees and other expenses arising from, incurred as a result of, or in any manner related to: (i) your use of and access to the Website or the Content; (ii) your breach of these Terms; (iii) your violation of any law or third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that you did not have the right to provide any content or that the content you provided caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Website.
You may not use the Website or the Content for any illegal or unauthorized purpose.
Celero is physically located within the Province of Alberta, Canada. These Terms will be governed by the laws of the Province of Alberta and the laws of Canada applicable therein and shall be treated in all respects as an Alberta contract, without reference to the principles of conflicts of law. In the event of a dispute, you agree to submit to the exclusive jurisdiction of the courts of the Province of Alberta.
Celero is committed to protecting your privacy, in accordance with the terms and conditions of the Celero Privacy Statement (the “Privacy Statement”). By accessing and continuing to use the Website, and by providing personal information or personal data to Celero through the Website, you are acknowledging that you have read the Privacy Statement (which sets out how Celero processes personal information, and Celero’s legal basis for processing personal information), and that you agree and consent to Celero processing your personal information to provide the Website and the Content to you, in accordance with these Terms and our Privacy Statement. Please ensure that you have reviewed and understand our Privacy Statement before providing personal information to Celero.
Internet Connectivity and Compatible Technology
The availability and functioning of the Website depends on the availability of a properly functioning Internet connection, as well as compatible hardware and software. Celero is not responsible for ensuring uninterrupted access to the Internet or any charges you incur, in association with your use of the Internet, nor is Celero responsible for ensuring your hardware and software are compatible with the Website and its features. You acknowledge that your access to and use of the Website may be impaired or prevented by factors beyond Celero’s control (such as issues with your computer system or Internet connectivity), and that Celero is not responsible for any such factors, or their effects.
Without limiting anything else in these Terms, you must not use (or cause or permit to be used) the Website:
- in any way that causes, or may cause, damage to the Website, or impairment of the availability or accessibility of the Website;
- in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
- to post, transmit, or otherwise make available any material that is or may be: (a) threatening, harassing, degrading, hateful, or intimidating; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, pornographic, or otherwise objectionable; or (e) non-compliant with applicable privacy legislation or an infringement of another person’s privacy, including without limitation by disclosing the personal information or data of another individual without their knowledge and consent;
- to post, transmit, or otherwise make available, any material that may violate: a) Celero’s proprietary rights; or b) the proprietary rights of any third party, including, without limitation, copyrighted software, photographs, texts, videos or artwork or any moral rights associated therewith;
- for any commercial purposes other than those which are expressly set out in these Terms;
- to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
- to conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to the Website without Celero’s prior express written consent;
- to impersonate any person or entity or misrepresent your affiliation with any other person or entity;
- to engage in spamming, flooding, harvesting of email addresses or other personal information, spidering, “screen scraping”, “database scraping”, or any other activity with the purpose of obtaining lists of users or other information;
- to attempt to gain (or gain) unauthorized access to other computer systems through the Website, or to obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website; or
- in a manner which is otherwise contrary to these Terms.
Any use of the Website which is contrary to these Terms may result in the immediate termination of your use of the Website by Celero.
Celero reserves the right to monitor your use of the Website to determine if you are complying with these Terms, and the right, in its sole discretion, to terminate your access to the Website.
Protecting your privacy is important to Celero Solutions Inc. (“Celero”).
Celero has adopted this Privacy Statement to provide you with an overview of the collection, use, retention, and disclosure of personal information that you may provide while using Celero products and services (collectively referred to as “Services”). Celero encourages you to read this Privacy Statement, as well as any Terms and Conditions that may be applicable to a particular product and service, in order to understand how we collect and process personal information in the course of providing the Services and your interaction with the Services.
By using the Services, you consent to the collection, use, retention, and disclosure of your personal information for processing as described in, and subject to the limitations set out in, this Privacy Statement.
Note to Residents of the European Union: In order to comply with the requirements of the European General Data Protection Regulation (GDPR) for our European users, this Privacy Statement outlines the legal basis on which we process your personal information, and provides other information required by the GDPR.
Personal information is any information that would identify a person directly, or indirectly in combination with data from other sources. For example, personal information includes a full name, home or work address, phone number, national identification number (SSN, SIN, etc.), email address, banking details, IP address, biometric data, payment information, usage data, or any information that may individually identify a person.
Celero may collect personal information including without limitation your name, phone number, email address, IP address, and device identifiers, in the course of its Services, and may use or disclose that personal information as described with this Privacy Statement.
Celero may also create de-identified or anonymized data from personal information by excluding data components (such as your name, email address, etc.) that makes the data able to personally identify you, through obfuscation, or through other means. In addition, Celero may collect and use aggregated, anonymous information to provide data about the Services to advertisers, potential business partners and other unaffiliated entities. As this information does not identify a person, and is therefore not personal information, Celero’s use of such aggregated, anonymized and/or de-identified data is not subject to this Privacy Statement.
Consent and Collection of Personal Information
If you use a Celero website, or conduct a transaction through an Celero Service where personal information is essential, your consent is implied to collect and use your personal information to facilitate that use or complete that transaction requested or initiated by you only. Examples of instances in which personal information may be collected by Celero are, but are not limited to:
- When you request information or Services, and/or when requested information or Services as provided to you,
- When you access and navigate a Celero website, or engage in communication and/or business transactions with Celero,
- When Celero is administering, planning, and managing its relationship with you or communicating with you in relation to this relationship,
- Where Celero seeks to better understand how Celero may improve its products and services, to develop and conduct its business and operations, and for other internal business purposes,
- Where Celero seeks to provide you with information on current and future products and services or other developments with respect to Celero and its affiliates and partners,
- Where Celero needs to comply with applicable legal and regulatory requirements, or protect Celero’s legal rights and property, or
- If you knowingly submit Personal information through a Celero website for the purpose of registering for a service, a contest, authentication or when you install a Celero app or platform.
During these instances, Celero may collect data such as, but not restricted to: name, email address, phone number, address, areas of the Services or Celero websites you visit, transaction type(s) you engage in or request (and amounts thereof), content you view, your IP address, data downloaded or submitted by you, as well as the nature of the individuals or entities with whom you communicate or transact business using the Services.
If at any point you wish to withdraw consent to personal information collection, please contact the Celero Privacy Officer noted in this Privacy Statement. Please note that certain Services may only be able to be offered or provided to you if you disclose the personal information necessary to facilitate those Services, and therefore Celero may not be able to provide you with certain Services in the event that you choose not to disclose that personal information to Celero.
When you interact with a Celero Service, similar to most other websites, apps, and online services, certain anonymous technical information about your visit is automatically logged and collected by Celero. This may include information about the type of browser you use, operating system, the date and time you access the Service, the links you accessed while using the Service, and the internet address of the website, if any, which linked directly to the Celero Service. This information is used for system administration purposes such as diagnosing problems with Celero’s Services, servers and websites, compiling aggregated and statistical information, and to improve the operation and content of Celero’s websites and Services. It is not personally identifiable, and is not considered personal information and subject to this Privacy Statement.
Personal Information Use
Celero may use collected personal information for such purposes as:
- Helping to establish and verify the identity of users, and to keep user accounts secure,
- Opening, maintaining, administering and servicing users’ accounts or memberships,
- Providing Services and support to users,
- Improving Celero’s websites, including tailoring its websites to users’ preferences,
- Providing users with product or Service updates, promotional notices and offers, and other information about Celero and its affiliates,
- Corresponding with you, and responding to your questions, inquiries, comments, and instructions,
- Maintaining the security and integrity of Celero systems, and,
- Complying with applicable laws.
Once collected, Celero will store and process your personal information in secure locations. Celero may transmit data outside of Canada for the purposes of processing and executing transactions related to the Services. Where this transmission occurs, the security measures outlined in this Privacy Statement will continue to apply.
Personal information will only be retained by Celero for the length of time required to fulfill the purpose or complete the transaction for which it was collected, or as may be required by law. Beyond that point, personal information in the possession or control of Celero will be anonymized or securely destroyed.
Legal Basis for Processing
This section addresses the legal basis for processing your personal information if you reside outside of Canada and in the European Economic Area (within Canada, you typically provide consent when you receive notice of this Privacy Statement in a website link or mobile app).
Lawful Basis for Processing
Data protection law in the European Union requires a “lawful basis” for collecting and retaining personal information from citizens or residents of the European Economic Area. Celero collects and processes your Personal information for a variety of purposes outlined in this Privacy Statement. In certain cases, separate consent to this processing is not required, including:
- For the performance of a contract: To perform our contractual obligations to you, including account registration, fulfilling orders or purchases you have made (including processing of payment), contacting you in relation to any issues with your order, in relation to the provision of the Services, where Celero needs to provide your personal information to our service providers to provide the Services, or to aggregate and centralize data for the performance of the Services.
- To meet legal obligations: To comply with laws, regulations, court orders, or other legal obligations or to assist in an investigation.
- For legitimate interests: To operate Celero’s business and provide the Services, other than in performing our contractual obligations to you, except where overridden by the interests or fundamental rights and freedoms that require protection of personal information. For example, the following areas include processing permitted due to legitimate interests:
- Respond to Your Requests. To respond to your requests for technical support, online services, product information or to any other communication you initiate. This includes accessing your account to address technical support requests.
- Promotional Messages. Celero processes your non-sensitive personal information to provide you with promotional messages, including when you communicate with Celero or sign up for promotional materials, when you participate in special activities, offers, or programs, when we aggregate and centralize data, and when we share personal information with our service providers and vendors.
- Surveys. To send you surveys in connection with our Services, unless commercial in nature. In those cases, a survey request may be sent to you if you have given Celero your consent to receive marketing from us.
- Compliance with Law and Public Safety . To assist in the investigation of suspected illegal or wrongful activity, including sharing information with other entities for fraud, loss, and crime prevention purposes. To protect and defend Celero’s rights and property, or the rights or safety of third parties.
- Improvement and Development. To develop, provide, enhance, and improve Celero Services and your experience, including to enable you to use the full range of our Services. For internal purposes related to certain research, analytics, innovation, testing, monitoring, customer communication, risk management, and administrative purposes.
- Merger or Acquisition (Note that certain country/region-specific disclosures may also apply, depending upon the jurisdiction in which you reside). To support a contemplated reorganization or an actual reorganization of Celero’s business, in connection with financing, a sale, or other transaction involving the disposal of all or part of our business or assets, including for the purpose of permitting the due diligence required to decide whether to proceed with a transaction.
Consent as a Basis for Processing
In some cases, Celero will ask for your consent to process your personal information. You may indicate your consent in a number of ways, including, as may be presented by Celero and permitted by law, ticking a box (or equivalent action) to indicate your consent when providing us with your personal information through our Services or a form, or registering or creating an account with us. Note that certain country/region-specific rules regarding consent may also apply, depending upon the jurisdiction in which you reside.
Celero maintains reasonable physical, technical, and administrative security measures to minimize the risk of unauthorized loss, theft, copying, misuse, access, disclosure, alteration, or destruction of your personal information.
Celero also restricts access to your personal Information to only those persons who have a legitimate business need or legal requirement to view it in connection with the Services. You, as a personal information owner, may also authorize any persons you may choose to have access to your personal information.
Although Celero does utilize security measures appropriate to the level of risk, no method of data transfer or storage on the internet is 100% secure and security risks cannot be eliminated entirely. As such, Celero cannot guarantee perfect security, integrity, or confidentiality of personal information.
In the event of a data breach or security incident involving the Services, Celero will take all reasonable steps to comply with the breach reporting obligations that may be applicable to it under applicable privacy laws. Celero may also seek to notify you in such event. If notification is appropriate or required, Celero may notify you by email, messaging to your device, or other reasonable means.
Disclosure of Personal Information
Celero does not provide personal information to unaffiliated third parties for their use in marketing directly to you. We may use unaffiliated companies, or trusted third party service providers, to help maintain and operate our Services for reasons related to our business operations and to better serve you, and those companies may receive your personal information for that purpose. When Celero shares personal information with third-party services that support our delivery of the Services, we require that they use your personal information only for the purposes we’ve authorized, and that they protect your personal information to at least the same standards used by Celero.
Celero may also disclose personal information about you in connection with legal requirements, such as in response to an authorized subpoena, governmental request or investigation, or as otherwise permitted by applicable law (including, without limitation, to prevent fraud or abuse, or to protect Celero’s legal rights, property, or the safety of Celero, its employees, users or others).
Finally, as Celero’s business develops, it may sell or buy corporate assets, and in such transactions personal information may be one of the transferred business assets. If Celero, its internet businesses, or substantially all of its shares or assets, is acquired or an acquisition is contemplated, personal information may be one of the assets assessed or transferred in connection with that transaction.
Transfers of Your Personal Information to Other Countries
The personal information Celero collects, and associated Services and systems, may be housed or stored on servers in various locations where Celero maintains servers or facilities, all of which are located within Canada. However, this personal information may be moved or processed outside of Canada in the event that Celero uses a service provider in connection with the Services that maintains its servers or systems outside of Canada. The data protection and privacy laws in locations outside of Canada may offer a different level of protection than in Canada, however, as noted earlier in this Privacy Statement, Celero takes steps, including through contracts, intended to ensure that the personal information it collects continues to be protected wherever it is located in a manner consistent with the standards of protection required under applicable law. By using our Services and submitting your personal information, you agree to the transfer, storage, and/or processing of your personal information as contemplated above.
The Celero websites, or the third party companies used to host, operate, or maintain these websites, may place a “cookie” on your computer in order to allow you to use these websites and to personalize your experience.
A “cookie” is a small piece of data, or an alphanumeric identifier, that can be sent by a web server to your computer or device, which then may be stored by your browser on your computer or device. Cookies allow Celero to recognize your computer or device while you are on our websites and help customize your online experience and make it more convenient for you. Cookies are also useful in allowing more efficient log-in for users, tracking transaction histories, and preserving information between browsing sessions. The information collected from cookies may also be used to improve website functionality.
Most web browsers have features that can notify you when you receive a cookie or prevent cookies from being sent. If you disable cookies, however, you may not be able to use certain personalized functions of Celero websites.
Rights With Respect to Personal Information
Celero is committed to ensuring you retain full access to and control of your personal information. To that end, we endeavor to respect your right to be informed regarding the collection, use and disclosure of personal information, and your right of correction and access to it, via this Privacy Statement.
If you would like to access, correct, remove, request a copy of, withdraw consent to collection of your personal information, or are looking for any additional information on how your personal information may be collected, used or disclosed by Celero, please contact the Celero Privacy Officer via the Contact & Questions area at the bottom of this Privacy Statement. Subject to certain exceptions and limitations that may be prescribed by applicable law, you will be provided with reasonable access to your personal information, and will be entitled to have it amended or corrected as appropriate.
In certain circumstances, you may have the right to have your personal information, or certain components of your personal information, erased by Celero, to have your personal information moved, copy or transmitted from Celero’s systems to other systems, or to object to or restrict certain processing of your personal information by Celero. In the event that you wish to inquire about, or seek to exercise any of these rights (as they may be applicable), please contact Celero’s Privacy Officer.
Celero Services may contain links to other websites, apps, or services, including those of advertisers or third party content providers who offer downloads as part of a Celero Service. Celero is not responsible for the privacy practices or the content of other websites, apps, or services. We encourage you to read the Privacy Policies published by such third parties before divulging your personal information to them.
Changes to this Privacy Statement
Celero reserves the right to modify or supplement this Privacy Statement in its discretion, at any time. If a material change to the terms of this Privacy Statement is made, we will post a notice on our website and a link to the new or amended Privacy Statement. The collection, use and disclosure of your personal information by Celero will be governed by the version of this Privacy Statement in effect at that time. Your continued use of Celero’s websites and/or Services subsequent to any changes to this Privacy Statement will indicate your consent to the collection, use and disclosure of your personal information in accordance with the amended Privacy Statement.
Contact & Questions
If you have any questions or comments regarding this Privacy Statement or any aspects of Celero Services, please contact Celero’s Privacy Officer at 403-258-5900 or by email.