Clickforge Terms & Conditions

Intellectual Property

All content published and made available on our Site is the property of Forgenet Technologies Corp. and the Site’s creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.

Age Restrictions

The minimum age to use our Site is 18 years old. By using this Site, users agree that they are over 18 years old. We do not assume any legal responsibility for false statements about age.

Acceptable Use

As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:

• Harass or mistreat other users of our Site;
• Violate the rights of other users of our Site;
• Violate the intellectual property rights of the Site owners or any third party to the Site;
• Hack into the account of another user of the Site;
• Act in any way that could be considered fraudulent;
• Post any material that may be deemed inappropriate or offensive;
• Posting or sending content that could harm minors in any way.;
• Intentionally or unintentionally violate any applicable local, state, provincial, national or international law, treaty, or regulation, or any order of a court.;
• Deceptive practices such as posing as another service for the purposes of phishing or pharming.;
• Distributing any materials of a threatening or harmful nature, including without limitation threats of death or physical harm, or materials that are malicious, harassing, libelous, defamatory, or whic; or
• Posting or sending any materials or messages that are in direct or indirect violation of CASL legislation..

By using our services (and platforms) you agree and affirm that you do (and will continue to) strict adherence to CASL, Provincial and Federal Legislation in regards to opt-ins.

You agree and affirm that you have the required level of consent (explicit or express) applicable to your use case.

Clients that are working in (or on behalf of) the Cannabis Industry must also ensure that they are strictly adhering to Cannabis Advertising Legislation (Provincial and Federal) as it applies to your jurisdiction. All contacts must be age verified and must be over the legal age of majority in your jurisdiction.

Cannabis Clients are prohibited from sending messages originating in Canada to any non-Canadian number regardless of the receiving jurisdiction’s legal status as it pertains to Cannabis. You are strictly prohibited from sending messages to any US phone numbers or anywhere inside of the Continental US.

If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.

Accounts

When you create an account on our Site, you agree to the following:

1. You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and
2. All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.

We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.

Sale of Services

These Terms and Conditions govern the sale of services available on our Site.

The following services are available on our Site:

• SMS Marketing.

The services will be paid for in full when the services are ordered.

These Terms and Conditions apply to all the services that are displayed on our Site at the time you access it. All information, descriptions, or images that we provide about our services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all services we provide. You agree to purchase services from our Site at your own risk.

We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.

Subscriptions

Your subscription automatically renews and you will be automatically billed until we receive notification that you want to cancel the subscription. Any unused credits at the end of each billing cycle do not “Roll Over” or extend to the next billing cycle, so ensure that you exhaust them prior to the end of your period.

Payments

We accept the following payment methods on our Site:

• Credit Card;
• EFT (Electronic Funds Transfer); and
• ETransfer.

When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument.

If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.

Consumer Protection Law

Where the Consumer Protection Act, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.

Links to Other Websites

Our Site contains links to third party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third party website or service linked to on our Site. It is your responsibility to read the terms and conditions and privacy policies of these third party websites before using these sites.

Limitation of Liability

Forgenet Technologies Corp. and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.

Indemnity

Except where prohibited by law, by using this Site you indemnify and hold harmless Forgenet Technologies Corp. and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.

Reservation of Right to Refuse Users/Service

Forgenet Technologies Corp. reserves the right to refuse or terminate Services granted to you for any reason whatsoever, at our sole discretion and without notice to you. Forgenet Technologies Corp shall have no liability with respect to such termination of services except to refund prepaid and unused service fees, in accordance with our refund policy.

Personal Information and Privacy

You understand and agree that we may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of Forgenet Technologies or others. Please refer to our Privacy Policy for more information about the manner in which we protect and use your information.

Applicable Law

These Terms and Conditions are governed by the laws of the Province of Alberta.

Additional Terms

• If at any time you, your company or your account is suspected of breaking the acceptable use policy or contravening any local, provincial or federal laws your account may be temporarily or permanenty suspended without notice pending investigation.; and
• Forgenet Technologies reserves the right, in its sole discretion, to delete or remove User Content from the Site and to restrict, suspend, or terminate your access to all or part of this Site, at any time without prior notice or liability. Forgenet Technologies may, but is not obligated to, monitor or review outgoing and incoming text messages. To the maximum extent permitted by law, Forgenet Technologies will have no liability related to your User Content. Forgenet Technologies disclaims all liability with respect to the misuse, loss, modification, or unavailability of any User Content. You agree and represent that you are entirely responsible for all User Content that you upload or transmit/send through Forgenet Technologies’ Clickforge SMS platform..

Severability

If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.

Changes

These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.

Contact Details

Please contact us if you have any questions or concerns. Our contact details are as follows:

(780) 439-1033
[email protected]
PO Box 55032, Edmonton, Alberta, T6W 4H0

You can also contact us through the feedback form available on our Site.