Terms of Service

1. Acceptance of Terms

These Terms of Service (the Terms) constitute a legally binding agreement between you (whether individually or on behalf of an entity) and Jik Canada Holdings Inc., operating under the trade name JIK Holdings (hereinafter referred to as JIK Holdings, we, us, or our), governing your access to and use of the website located at www.jikholdings.lat (the Website), as well as any related services, content, functionality, and consulting engagements provided by JIK Holdings (collectively, the Services).

By accessing or using the Website or engaging our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any provision of these Terms, you must immediately cease all access to and use of the Website and Services. These Terms apply to all visitors, users, clients, and others who access or use the Website or Services.

JIK Holdings provides computer systems design, integrated systems engineering, technology consulting, enterprise architecture, and related professional services within the Professional, Scientific, and Technical Services sector. Our principal place of business is located at 1005-30 Humberline Drive, Etobicoke, Ontario, M9W 6K8, Canada.

2. Changes to Terms

We reserve the right, at our sole discretion, to modify, amend, supplement, or replace these Terms at any time. When we make material changes, we will update the Effective Date at the top of this page and provide notice on our Website. It is your responsibility to review these Terms periodically for changes.

Your continued use of the Website or Services following the posting of revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must discontinue use of the Website and Services. No modification of these Terms shall be effective unless made in writing and signed by an authorized representative of JIK Holdings.

3. Eligibility and Authority

By using the Website or engaging our Services, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into a binding contract. If you are using the Website or Services on behalf of an organization or entity, you represent and warrant that you have the authority to bind that organization to these Terms, in which case the terms you and your shall refer to that organization.

We do not knowingly provide Services to or collect information from individuals under the age of 18. If you are under 18, you must not use the Website or provide any personal information to us.

4. Services Description

JIK Holdings provides professional services in the field of computer systems design, including but not limited to systems architecture consulting, integrated systems engineering, technology strategy advisory, enterprise architecture design, network and infrastructure planning, software systems engineering, and technical project management.

The scope, deliverables, timeline, fees, and other specific terms of any consulting engagement shall be set forth in a separate written agreement or statement of work executed by both parties (an Engagement Agreement). In the event of any conflict between these Terms and an Engagement Agreement, the Engagement Agreement shall prevail with respect to the specific engagement.

We reserve the right to modify, suspend, or discontinue any aspect of the Website or Services at any time without prior notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance.

5. Intellectual Property Rights

All content, materials, features, and functionality available on or through the Website, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, page layout, underlying code, software, and design elements (collectively, the Content), are owned by JIK Holdings, its licensors, or other providers and are protected by Canadian, United States, and international copyright, trademark, patent, trade secret, and other intellectual property laws.

The JIK Holdings name, the JIK Holdings logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Jik Canada Holdings Inc. or its affiliates. You may not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website and Content for your personal, non-commercial use only, subject to these Terms. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any Content except as expressly permitted by these Terms or with our prior written consent.

6. User Conduct and Prohibited Activities

You agree that you will not use the Website or Services for any purpose that is unlawful or prohibited by these Terms. Specifically, you agree not to engage in any of the following prohibited activities:

• Using the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website.
• Attempting to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
• Using any robot, spider, scraper, or other automated means to access the Website for any purpose without our express written permission.
• Introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempting to probe, scan, or test the vulnerability of the Website or any related system or network, or breach any security or authentication measures.
• Engaging in any activity that violates applicable local, provincial, national, or international law, regulation, or code of practice.
• Impersonating or attempting to impersonate JIK Holdings, a JIK Holdings employee, another user, or any other person or entity.
• Using the Website to transmit, distribute, or store any material that is defamatory, obscene, threatening, harassing, or otherwise objectionable.
• Collecting or harvesting any personally identifiable information from the Website, including account names and email addresses.
• Using the Website for any commercial solicitation purposes not expressly authorized by JIK Holdings.

We reserve the right to terminate or suspend your access to the Website and Services immediately, without prior notice or liability, for any conduct that we, in our sole discretion, determine violates these Terms or is otherwise harmful to JIK Holdings, other users, or third parties.

7. Third-Party Links and Services

The Website may contain links to third-party websites, services, or resources that are not owned or controlled by JIK Holdings. We have no control over, and assume no responsibility for, the content, privacy policies, terms of service, or practices of any third-party websites or services. You acknowledge and agree that JIK Holdings shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.

We strongly advise you to read the terms of service and privacy policies of any third-party websites or services that you visit. Your interactions with organizations or individuals found on or through the Website, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations or individuals.

8. Disclaimer of Warranties

THE WEBSITE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS, AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, RELIABILITY, OR AVAILABILITY.

WITHOUT LIMITING THE FOREGOING, JIK HOLDINGS DOES NOT WARRANT THAT (A) THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (B) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR SERVICES WILL BE ACCURATE, COMPLETE, OR RELIABLE, OR (D) ANY ERRORS OR DEFECTS IN THE WEBSITE OR SERVICES WILL BE CORRECTED.

ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR USE.

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 TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL JIK HOLDINGS, JIK CANADA HOLDINGS INC., ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH (A) YOUR USE OR INABILITY TO USE THE WEBSITE OR SERVICES, (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WEBSITE OR SERVICES, (C) ANY CONTENT OBTAINED FROM THE WEBSITE OR SERVICES, (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, OR (E) ANY OTHER MATTER RELATING TO THE WEBSITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF JIK HOLDINGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF JIK HOLDINGS AND ITS AFFILIATES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO JIK HOLDINGS FOR SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED CANADIAN DOLLARS (CAD $100.00).

THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS OR YOUR USE OF THE WEBSITE.

10. Indemnification

You agree to defend, indemnify, and hold harmless JIK Holdings, Jik Canada Holdings Inc., its affiliates, and their respective directors, officers, employees, agents, contractors, suppliers, and licensors from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable legal fees) arising out of or relating to (a) your violation of these Terms, (b) your use of the Website or Services, including any content you submit, post, or transmit through the Website, (c) your violation of any third-party rights, including intellectual property rights or privacy rights, or (d) your violation of any applicable laws, rules, or regulations.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with us in asserting any available defenses. You shall not settle any claim without our prior written consent.

11. Confidentiality

In the course of providing our Services, we may receive or have access to confidential information belonging to you or your organization. Confidential Information means any non-public information disclosed by you to JIK Holdings, whether orally, in writing, or in electronic form, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure, including but not limited to technical specifications, system architecture, business plans, financial data, trade secrets, and client lists.

We agree to hold Confidential Information in strict confidence, to use it only for the purpose of providing our Services, and not to disclose it to any third party without your prior written consent, except as required by law or as necessary to our employees, contractors, and advisors who have a need to know and are bound by confidentiality obligations at least as protective as those contained herein. These confidentiality obligations shall survive termination of these Terms and any Engagement Agreement for a period of five (5) years, or indefinitely with respect to trade secrets.

12. Termination

These Terms shall remain in full force and effect while you use the Website or Services. We may terminate or suspend your access to the Website and Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Website and Services shall immediately cease.

All provisions of these Terms which by their nature should survive termination shall survive termination, including but not limited to ownership provisions, warranty disclaimers, indemnification, and limitations of liability. Termination of these Terms shall not relieve either party of any obligations accrued prior to the effective date of termination.

13. Governing Law and Dispute Resolution

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 giving effect to any conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms or any transactions contemplated hereunder.

Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall first be attempted to be resolved through good-faith negotiations between the parties. If the dispute cannot be resolved through negotiations within thirty (30) days, either party may submit the dispute to binding arbitration in accordance with the Arbitration Act, 1991 (Ontario). The arbitration shall be conducted in Toronto, Ontario, Canada, in the English language, before a single arbitrator mutually agreed upon by the parties. The decision of the arbitrator shall be final and binding, and judgment upon the award may be entered in any court having jurisdiction.

Notwithstanding the foregoing, JIK Holdings reserves the right to seek injunctive or other equitable relief from a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of its intellectual property rights, confidential information, or other proprietary rights.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy and any Engagement Agreement, constitute the entire agreement between you and JIK Holdings regarding your use of the Website and Services, superseding all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and JIK Holdings.

14.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms shall remain in full force and effect.

14.3 Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of JIK Holdings to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

14.4 Assignment

You may not assign or transfer these Terms, or any rights or obligations hereunder, without our prior written consent. JIK Holdings may assign or transfer these Terms, in whole or in part, without restriction, including to an affiliate or in connection with a merger, acquisition, reorganization, or sale of substantially all of our assets.

14.5 Relationship of the Parties

Nothing in these Terms shall be construed to create a partnership, joint venture, employment, agency, or franchise relationship between you and JIK Holdings. Neither party has the authority to bind the other or incur obligations on the others behalf without prior written consent.

14.6 Force Majeure

JIK Holdings shall not be liable for any failure or delay in performance of its obligations under these Terms arising out of or caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riot, civil unrest, government action, pandemic, epidemic, labor disputes, utility failures, Internet or telecommunications outages, or failures of third-party service providers.

14.7 Notices

All notices required or permitted under these Terms shall be in writing. Notices to JIK Holdings shall be sent to help@jikholdings.lat or to our physical address at 1005-30 Humberline Drive, Etobicoke, Ontario, M9W 6K8, Canada. Notices to you may be sent to the email address or physical address you have provided to us. Notices sent by email shall be deemed received on the date of transmission if sent during normal business hours, otherwise on the next business day.

15. Contact Information

If you have any questions, concerns, or comments about these Terms of Service, please contact us: