The terms and conditions governing your use of our website and services.
Last Updated: 1 January 2024
By accessing or using the website at www.kdfcapital.hair (the Website) and any related services provided by KDF Investments Ltd, operating as KDF Capital (referred to as KDF Capital, we, us, or our), you agree to be bound by these Terms of Service (Terms). If you do not agree to these Terms, you must not access or use the Website or our services.
These Terms apply to all visitors, users, and others who access or use the Website or engage our services. By using the Website, you represent that you are at least the age of majority in your jurisdiction and have the legal capacity to enter into binding agreements.
KDF Capital provides computer systems design, systems integration, software development, IT consulting, cloud infrastructure, cybersecurity, and related professional and technical services (collectively, the Services). The specific scope, deliverables, timelines, and fees for any Services will be set forth in a separate written agreement between KDF Capital and the client.
These Terms govern the use of the Website and any general engagement, but the specific terms of any Service engagement will be governed by the applicable service agreement signed by both parties.
All content, materials, designs, text, graphics, logos, icons, images, software, and other intellectual property displayed on or used in connection with the Website and Services are the property of KDF Capital or its licensors and are protected by applicable copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works from, or exploit any such content without our prior written consent.
Any intellectual property owned by a client prior to engagement with KDF Capital remains the property of that client. Deliverables created specifically for a client under a signed service agreement will be governed by the terms of that agreement.
You agree not to use the Website for any unlawful purpose or in violation of these Terms. Specifically, you agree not to:
By providing your contact information through our Website or in connection with our Services, you consent to receive communications from us via email, phone, or other means. These communications may include service-related announcements, administrative messages, and, where you have opted in, marketing materials. You may opt out of marketing communications at any time by following the unsubscribe instructions in those messages.
During the course of providing Services, KDF Capital may have access to confidential information belonging to the client. We agree to maintain the confidentiality of such information and to use it solely for the purpose of providing the Services. This obligation of confidentiality will survive the termination of any engagement and will continue indefinitely, except to the extent that the information becomes publicly available through no fault of KDF Capital or is required to be disclosed by law.
To the maximum extent permitted by applicable law, KDF Capital and its directors, officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, arising out of or in connection with:
Our total liability for any claim arising out of or relating to these Terms or our Services shall not exceed the amount paid by you, if any, for accessing the Website or for the specific Service giving rise to the claim.
The Website and Services are provided on an as is and as available basis, without any warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
KDF Capital does not warrant that the Website will be uninterrupted, secure, or error-free, or that any defects will be corrected. We make no representation or warranty regarding the accuracy, completeness, or reliability of any content on the Website.
You agree to indemnify, defend, and hold harmless KDF Capital, its affiliates, and their respective directors, officers, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:
The Website may contain links to third-party websites or resources. KDF Capital is not responsible for the content, products, or services of any third party, and we do not endorse any third-party sites. Your use of any third-party website is at your own risk and subject to the terms and conditions of that third party.
We reserve the right to suspend or terminate your access to the Website at any time, without prior notice or liability, for any reason, including if you violate these Terms. Upon termination, your right to use the Website will immediately cease. Provisions of these Terms that by their nature should survive termination, including intellectual property provisions, disclaimers, and limitations of liability, will survive.
These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to its conflict of law principles. Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the courts located in Toronto, Ontario, Canada.
We reserve the right to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide notice prior to the new Terms taking effect. By continuing to access or use the Website after any revisions become effective, you agree to be bound by the updated Terms. We encourage you to review these Terms periodically.
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in full force and effect. The invalid or unenforceable provision will be modified to the minimum extent necessary to make it valid and enforceable.
These Terms, together with any service agreements entered into separately, constitute the entire agreement between you and KDF Capital regarding your use of the Website and supersede any prior agreements or understandings, whether oral or written.
If you have any questions about these Terms, please contact us:
KDF Investments Ltd
129 Dewhurst Boulevard
Toronto, ON M4J 3J8
Canada
Email: contact@kdfcapital.hair
Phone: +1 840 120 5799