This web site ("MA Web-Site") is operated by Malca-Amit Canada Inc. ("Malca-Amit", "us", "we", "our"). We are registered in Canada and our registered office is at 27 Queen Street East, Suite 702, Toronto, Ontario, M5C 2M6, Canada.
The following terms and conditions ("Terms of Use") govern your use of the MA Web-Site, whether as a guest or a registered user. Your viewing or use of the MA Web-Site will constitute your agreement, on behalf of yourself and the Customer to the Terms of Use. “Customer” means the entity (1) that is your employer and on whose behalf you access and use the MA Web-Site and (2) where applicable, which has registered and been assigned an Account to use or access the MA Web-Site ; “you” means, as applicable, you as an individual and the Customer.
Please read these Terms of Use carefully before you start to use the MA Web-Site. If you do not agree to the Terms of Use or are not authorised to agree the Terms of Use on behalf of the Customer, please refrain from using the MA Web-Site. We may revise the Terms of Use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we have made, as they are binding on you. Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on the MA Web-Site.
The MA Website is provided solely for the use of current and potential Customers to interact with us and may not be used by any other person or entity or for any other purpose. Only authorized users with qualified passwords are allowed to use parts of MA Web-Site functions that require such authentication for use. We do not accept recommendations for new services or products through the MA Web-Site and if such information is received, it will not be considered confidential and Malca-Amit will be deemed free to use, communicate and exploit such information in any manner it chooses.
You represent and warrant that you have reached the age of legal majority and, if applicable, you can form legally binding contracts under applicable law on behalf of the Customer relating to the use of MA Web-Site or any of its services. If at any time you are no longer authorized to form legally binding contracts under applicable law on behalf of the Customer relating to a MA Web-Site Account, you may no longer use such MA Web-Site Account in any manner whatsoever.
You may choose to register with the MA Web-Site by completing an Account Application Form, provided by us. Approved MA Web-Site account applications currently provide you with access to the password protected areas of the MA Web-Site as well as the general content available to the public. In the future, we may add other features that may be accessed through the public and/or private areas of the MA Web-Site. In such event, previously registered users may or may not be required to re-subscribe, at our discretion.
By registering with the MA Web-Site, you agree to provide accurate and current information about you, the Customer, and any representatives or affiliates of you and/or the Customer, as prompted by the form and maintain and promptly update your profile information to keep it accurate and current. If you provide any information that is inaccurate or not current, or we have reasonable grounds to suspect that such information is inaccurate or not current, we reserve the right to suspend or terminate your online account.
By registering with MA Web-Site services, you may be provided a User I. D. and Password. You are responsible for maintaining the confidentiality of the Password and User I. D. and you must not disclose it to any third party. You are responsible for all activities that occur under your Password and User I. D. You agree to (a) immediately notify us of any unauthorized use of your User I. D. and Password and (b) ensure that you exit from your MA Web-Site session at the end of each visit. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use.
MA Web-Site and its content, including without limitation the information, graphics, products, features, functionality, services, and links (collectively the "Content") may be changed, deleted or updated without notice. Any of the Content on the MA Web-Site may be out of date at any given time, and we are under no obligation to update such Content. If you have any concerns about material which appears on the MA Web-Site, please contact info.tor@malca-amit.com.
You are responsible for making all arrangements necessary for you to have access to the MA Web-Site. You are also responsible for ensuring that all persons who access the MA Web-Site through your internet connection are aware of these Terms of Use and that they comply with them.
We may discontinue, suspend or modify the MA Web-Site at any time without notice, and we may block, terminate or suspend your and the Customer's access to MA Web-Site at any time for any reason in our sole discretion, even if access continues to be allowed to others. We will not be liable if for any reason the MA Web-Site is unavailable at any time or for any period.
The MA Web-Site enables you to access, amongst, other things, to:
(1) view and/or download information and documents supplied by third parties including, without limitation, information tracking the location and delivery status of shipments and documents relating to such shipments (e.g. certificates of grading and/or authenticity) ("Third Party Content");
(2) view information supplied by us including, without limitation, information tracking the location and delivery status of shipments and/or details of the inventory in storage ("MA Content");
(3) book services to be supplied by third parties, (e.g. the MA-Express service) ("Third Party Services"); and
(4) book services provided by us (e.g. the "My Malca" service) ("Malca Amit Services").
We will use reasonable endeavours to ensure that the MA Content is accurate, complete and up to date but cannot accept any liability for any errors or inaccuracies in the MA Content or for the MA Content being incomplete or out of date. In no event will we be liable to you, whether in contract, tort (including negligence) or otherwise for the accuracy or completeness of any Third Party Content. Our liability to you for the Malca-Amit Services and Third Party Services will be governed by the limitations and exclusions set out in the terms and conditions applicable to those services (whether the MAEX Terms and Conditions or otherwise).
systems or wasted management or office time, whether caused by tort (including negligence), breach of contract or otherwise, even if you have advised Malca-Amit of such possibilities, or other intangible losses, under any theory of law, arising out of or resulting from: any errors in or the use of or the inability to use the MA Web-Site, its contents or its systems; the cost of procurement of substitute services resulting from any data, information or services obtained or messages received or transactions entered into through or from the MA Web-Site; unauthorized access to or alteration of your transmissions or data; statements or conduct of any third party or any other matter relating to the MA Web-Site. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
You hereby release, and agree to indemnify and hold harmless Malca-Amit and its subsidiary companies and their respective officers, directors, employees and agents from any and all claims, demands, causes of actions, liabilities, damages, costs and expenses, including reasonable attorneys' fees, arising out of your use or viewing of the MA Web-Site and its Content.
Using the MA Web-Site to coordinate and execute your MALCA-AMIT EXPRESS shipping requirements and related services are subject to the most current version of MALCA-AMIT TERMS AND CONDITIONS OF MAEXPRESS Service (“MAEX Terms and Conditions”).
Any material downloaded or otherwise obtained through the use of the MA Web-Site, is done at your own discretion and risk. You solely will be responsible for, any damages to, loss of data or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing the in the MA Web-Site or your downloading of anything from the MA Web Site.
In no event shall Malca-Amit USA LLC or any of its associated or affiliated companies be liable for any direct, indirect, incidental, special, consequential, incidental or exemplary or other damages, including without limitation damages for loss of profits, goodwill, business interruption, use, data, damage to any computer systems, even if you have advised Malca-Amit USA LLC of such possibilities, or other intangible losses, under any theory of law, arising out of or resulting from: any errors in or the use of or the inability to use the MA Web-Site, its contents or its systems; the cost of procurement of substitute services resulting from any data, information or services obtained or messages received or transactions entered into through or from the MA Web-Site; unauthorized access to or alteration of your transmissions or data; statements or conduct of any third party or any other matter relating to the MA Web-Site. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply.
You hereby release, and agree to indemnify and hold harmless MALCA-AMIT USA LLC and its subsidiary companies and their respective officers, directors, employees and agents from any and all claims, demands, causes of actions, liabilities, damages, costs and expenses, including reasonable attorneys' fees, arising out of your use or viewing of the MA Web-Site and its Content.
Using the MA Web-Site to coordinate and execute your MALCA-AMIT EXPRESS shipping requirements and related services are subject to the most current version of MALCA-AMIT TERMS AND CONDITIONS OF MAEXPRESS Service (“MAEX Terms and Conditions”).
There are links on the MA Web-Site, which allow you to visit the sites of third parties. These links are provided for your information only. We control neither these sites nor the companies to whom they belong. We make no representations concerning the information provided or made available on such sites nor the performance, quality or acceptability of the products or services offered, or the accuracy of any of the information supplied, by any persons or entities referenced in any such sites. Your purchase of any products or services on these third party sites are entirely at your own risk.
You agree not to reproduce, duplicate, copy, sell or exploit for any commercial purposes, any portion of the MA Web-Site, use of the MA Web-Site, or access to the MA Web-Site. Nothing contained on the MA Web-Site should be construed as granting any license or right to use any Logo or Trademark displayed on the MA Web-Site without our prior written permission.
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The MA Web-Site must not be framed on any other site, nor may you create a link to any part of the MA Web-Site other than the home page. We reserve the right to withdraw linking permission without notice. If you wish to make any use of material on the MA Web-Site other than that set out above, please address your request to info.tor@malca-amit.com.
We process information about you in accordance with our privacy policy. By using the MA Web-Site, you consent to such processing and you warrant that all data provided by you is accurate.
Any material you upload to the MA Web-Site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the MA Web-Site constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the MA Web-Site.
You assume all responsibility for compliance with all laws and regulations of the country from which you may access the MA Web-Site including, without limitation, laws regarding access, use, export, re-export and import of any Content appearing on or available through the MA Web-Site.
You must not misuse the MA Web-Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the MA Web-Site, the server on which the MA Web-Site is stored or any server, computer or database connected to the MA Web-Site. You must not attack the MA Web-Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence [under the Computer Misuse Act 1990]. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the MA Web-Site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the MA Web-Site or to your downloading of any material posted on it, or on any website linked to it.
These Terms of Use, your use of the MA Web-Site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales excluding its conflict of laws provisions. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible. Any cause of action with respect to the MA Web-Site or these Terms of Use must be instituted within one year after the claim or cause of action has risen or be barred. The courts of England and Wales will have exclusive jurisdiction over any claim arising from, or related to, a visit the MA Web-Site although Malca-Amit reserves the right to bring proceedings against you for breach of these Terms of Use in your country of residence or any other relevant country.