Terms of Use
Last Updated: June 1, 2025
Please read these Terms of Use carefully before accessing or using the website located at kabini.info (the "Site") or any services offered by kabini (legal name: kabini) (collectively referred to as "kabini", "we", "us", or "our"). These Terms of Use constitute a legally binding agreement between you ("User", "you", or "your") and kabini governing your access to and use of the Site and all related services, features, content, and functionality offered through the Site.
1. Acceptance of Terms
By accessing, browsing, or otherwise using the Site, or by clicking to accept or agree to these Terms of Use when prompted, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms of Use in their entirety, you must immediately discontinue use of the Site and all associated services.
You represent and warrant that you are at least the age of majority in your province or territory of residence in Canada, or that you have obtained verifiable parental or guardian consent if you are a minor, and that you have the legal capacity to enter into this agreement. If you are accessing the Site on behalf of a business, organization, or other legal entity, you represent that you have the authority to bind that entity to these Terms of Use.
2. Description of Services
kabini operates the Site at kabini.info and provides users with access to information, tools, resources, and other services as described on the Site from time to time (collectively, the "Services"). The nature, scope, and availability of the Services may be updated, expanded, or reduced at any time without prior notice.
We reserve the right to modify, suspend, or discontinue any aspect of the Services — temporarily or permanently — at our sole discretion and without liability to you or any third party. We do not guarantee that the Services will always be available, uninterrupted, error-free, or free of viruses or other harmful components.
3. User Responsibilities and Acceptable Use
By using the Site and Services, you agree to use them only for lawful purposes and in a manner that does not infringe upon the rights of others or restrict or inhibit their use and enjoyment of the Site. You are solely responsible for all activities conducted through your account or under your identity on the Site.
You agree that you will not:
- Use the Site in violation of any applicable federal, provincial, territorial, or local laws or regulations in Canada, including but not limited to the Canadian Anti-Spam Legislation (CASL), the Personal Information Protection and Electronic Documents Act (PIPEDA), or applicable provincial privacy legislation;
- Upload, transmit, or distribute any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable;
- Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity;
- Attempt to gain unauthorized access to any portion or feature of the Site, or any systems or networks connected to the Site;
- Engage in any automated data collection, scraping, crawling, or data mining without our express prior written consent;
- Introduce viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful;
- Use the Site to send unsolicited commercial electronic messages (spam) in violation of CASL;
- Interfere with or disrupt the integrity or performance of the Site or the data contained therein;
- Attempt to reverse engineer, decompile, disassemble, or otherwise discover the source code of the Site;
- Use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission;
- Collect or harvest any personally identifiable information from the Site without authorization;
- Engage in any conduct that restricts or inhibits any other user from using or enjoying the Site.
We reserve the right to investigate and take appropriate legal action against anyone who violates these provisions, including reporting to law enforcement authorities where applicable.
4. Intellectual Property Rights
All content on the Site, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, is the exclusive property of kabini or its content suppliers and is protected by Canadian and international copyright, trademark, and other intellectual property laws.
The trademarks, trade names, logos, and service marks displayed on the Site are registered and unregistered trademarks of kabini and others. Nothing on the Site should be construed as granting any licence or right to use any trademark without the prior written permission of the trademark owner.
Subject to these Terms of Use, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Site for your personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Site, except as incidentally necessary for your use of the Services as intended.
If you believe that any content on the Site infringes upon your intellectual property rights, please contact us at [email protected] with detailed information about the alleged infringement.
5. User-Submitted Content
If the Site permits you to post, upload, submit, or otherwise make available content, you retain ownership of any intellectual property rights you hold in that content. However, by submitting content to the Site, you grant kabini a worldwide, royalty-free, non-exclusive, perpetual, irrevocable, and fully sublicensable licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media.
You represent and warrant that you own or have the necessary rights to submit such content, that the content does not violate any third-party rights or applicable laws, and that the content is not misleading, defamatory, or otherwise harmful. We reserve the right to remove any user-submitted content at our sole discretion and without prior notice.
6. Privacy and Personal Information
The collection, use, and disclosure of personal information by kabini is governed by our Privacy Policy, available on the Site. Our Privacy Policy is compliant with Canada's Personal Information Protection and Electronic Documents Act (PIPEDA) and applicable provincial privacy legislation. By using the Site, you consent to our collection, use, and disclosure of your personal information as described in our Privacy Policy.
7. Third-Party Links and Content
The Site may contain links to third-party websites or resources. These links are provided for your convenience only. We have no control over the content, privacy policies, or practices of third-party sites, and we do not endorse or make any representations about them. We encourage you to review the terms and privacy policies of any third-party sites you visit.
We shall not be liable for any loss or damage arising from your use of or reliance on any third-party website or content accessible through the Site.
8. Disclaimer of Warranties
THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE CANADIAN LAW, kabini EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
- Implied warranties of merchantability, fitness for a particular purpose, and non-infringement;
- Warranties that the Site or Services will be uninterrupted, timely, secure, or error-free;
- Warranties as to the accuracy, reliability, completeness, or currentness of any content or information provided through the Site;
- Warranties that any defects in the Site will be corrected.
Some jurisdictions do not allow the exclusion of implied warranties; therefore, some of the above exclusions may not apply to you. In such cases, our warranties will be limited to the greatest extent permitted by applicable law.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN CANADA, IN NO EVENT SHALL kabini, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY:
- Indirect, incidental, special, consequential, or punitive damages;
- Loss of profits, revenue, data, goodwill, or other intangible losses;
- Damages resulting from unauthorized access to or use of our servers and any personal information stored therein;
- Damages resulting from any interruption or cessation of transmission to or from the Site;
- Damages resulting from bugs, viruses, trojan horses, or similar items transmitted to or through the Site by any third party;
- Damages arising from errors or omissions in any content or information provided on the Site.
In jurisdictions where such limitations are not permitted, our liability shall be limited to the greatest extent permitted by law. In all cases, our aggregate liability to you for any and all claims shall not exceed the greater of one hundred Canadian dollars (CAD $100.00) or the amount you paid to us in the twelve (12) months preceding the event giving rise to the claim.
10. Indemnification
You agree to defend, indemnify, and hold harmless kabini, its affiliates, officers, directors, employees, agents, licensors, and service providers 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 violation of these Terms of Use;
- Your use of the Site or Services in a manner not authorized by these Terms;
- Your violation of any rights of a third party, including intellectual property rights;
- Your violation of any applicable federal, provincial, or territorial law or regulation;
- Any content you submit, post, or otherwise transmit through the Site.
11. Governing Law
These Terms of Use and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) 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 provisions.
Subject to the dispute resolution provisions below, you agree to submit to the exclusive jurisdiction of the courts located in the Province of Ontario for the resolution of any disputes arising from these Terms or your use of the Site.
12. Dispute Resolution
We encourage you to contact us first to resolve any concerns or disputes informally. If you have a dispute with us, please contact us at [email protected] and we will attempt to resolve the matter within thirty (30) calendar days.
If informal resolution is unsuccessful, and subject to any mandatory statutory rights you may have under applicable Canadian consumer protection legislation, you agree that:
- Mediation: Either party may request non-binding mediation administered by a mutually agreed-upon mediator or, failing agreement, through a recognized Canadian mediation service, before initiating formal legal proceedings.
- Arbitration: If mediation fails or is not pursued, any remaining dispute shall be submitted to final and binding arbitration administered under the Arbitration Act, 1991 (Ontario) (or applicable provincial arbitration legislation) by a single arbitrator. The arbitration shall be conducted in English, in the Province of Ontario, and the arbitrator's award shall be final and binding on both parties.
- Class Action Waiver: To the extent permitted by applicable Canadian law, you agree to resolve disputes with us on an individual basis and waive any right to participate in class action proceedings.
Nothing in this section shall prevent either party from seeking urgent interim or injunctive relief from a court of competent jurisdiction where necessary to prevent irreparable harm.
13. Force Majeure
kabini shall not be liable for any failure or delay in performing its obligations under these Terms of Use where such failure or delay results from any cause beyond our reasonable control, including but not limited to: acts of God, natural disasters, pandemic or epidemic, war, terrorism, civil disturbance, government action or regulation, labour disputes, power failures, internet service disruptions, or failure of third-party infrastructure or services.
In the event of a force majeure event, we will make reasonable efforts to notify you and to resume normal operations as soon as reasonably practicable.
14. Modification of Terms
We reserve the right to revise and update these Terms of Use at any time at our sole discretion. Any changes will become effective immediately upon posting the revised Terms of Use on the Site, with an updated "Last Updated" date at the top of this page. Your continued use of the Site following the posting of revised Terms of Use constitutes your acceptance of the changes.
We encourage you to review this page periodically so that you are aware of any changes. If you do not agree to the revised terms, you must stop using the Site immediately.
15. Termination
We reserve the right to suspend or terminate your access to the Site and Services, with or without notice and without liability, for any reason, including but not limited to:
- Your breach of any provision of these Terms of Use;
- Requests by law enforcement or other government authorities;
- Unexpected technical or security issues;
- Extended periods of inactivity;
- Discontinuation of the Site or Services.
Upon termination, your right to use the Site and Services will immediately cease. All provisions of these Terms of Use that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification, and limitations of liability.
16. Severability
If any provision of these Terms of Use is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, or if such modification is not possible, shall be severed from these Terms of Use. The remaining provisions of these Terms of Use shall continue in full force and effect and shall not be affected by the invalidity or unenforceability of any individual provision.
17. Entire Agreement
These Terms of Use, together with our Privacy Policy and any other legal notices or agreements published by us on the Site, constitute the entire agreement between you and kabini with respect to your use of the Site and Services. These Terms supersede all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral, regarding your use of the Site.
No waiver by us of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
18. Waiver
No failure or delay by kabini to exercise any right or remedy provided under these Terms of Use or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.
19. Language
The parties have requested and agree that these Terms of Use and all related documents be drawn up in the English language. Les parties ont demandé et convenu que les présentes conditions d'utilisation et tous les documents connexes soient rédigés en anglais.
20. Contact Information
If you have any questions, concerns, or feedback about these Terms of Use or the Site, please contact us using the information below:
- Company: kabini
- Website: kabini.info
- Email: [email protected]
- Phone: +1 506 270 8715
- Mailing Address: Canada
We will endeavour to respond to all inquiries within five (5) business days. For urgent matters or complaints regarding privacy, please mark your correspondence "Urgent – Legal" in the subject line.
These Terms of Use were last reviewed and updated on June 1, 2025 and apply to all users of kabini.info located in Canada and accessing the Site globally.