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Nabu Pro Consultant Inc., ("Nabu Pro," "we" or "us") is pleased to provide its clients ("Clients" or "you") with access to the Nabu Pro cloud system platform, which provides an employee training platform and allows the upload of videos, pictures, and documents. All the elements of the Nabu Pro platform are referred to herein as the "Services," and may be modified from time to time at our sole discretion.
By registering with us, or by using the Services, you agree to be bound by these Terms & Conditions of Use (the "T&Cs") which we may update from time to time. Your continued use of the Services constitutes your consent to such changes.
PLEASE READ THESE T&Cs CAREFULLY AND VERIFY THEME PERIODICALLY FOR CHANGES. IF YOU DO NOT AGREE TO THESE T&Cs, YOU MAY NOT USE THE SERVICES.
Our Privacy Policy, which explains how we use personal data, is located at www.nabupro.com/privacy-policy and is considered part of these T&Cs. By using the Services, users agree that their personal information may be collected and used in accordance with our Privacy Policy and these T&Cs.
Nabu Pro offers a platform that allows you to be in control of your employees’ training, tracking important communications and memos, in a simple and efficient manner. For the services, there are two types of packages available; a Silver Plan and a Gold Plan. Both plans are considered to be the “Services” or our “Services”. Detailed descriptions of the Services plans, including pricing, duration, and features, are available at www.nabupro.com.
A Nabu Pro account is required in order to take full advantage of the Services. The account can be created directly by filling out the appropriate form or by placing a telephone call to our offices. You agree to provide only accurate and true information in connection with the creation of your account, and to update your information as necessary so it remains accurate and current. You may not transfer your account to any third party. You are responsible for keeping your account login information confidential and for any and all activities that occur under your account. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your account or other breach of security regarding the Services. The person that you designate will be your administrator and will be provided with a username based on the corporate email provided. You will also designate your users who will also be will be provided with a username based on the corporate email provided. Please note that Nabu Pro retains the right at any time to deactivate, reallocate or rename any username at its sole discretion. In the event of the reallocation or renaming of a username associated with your account, all Client Content and Services shall continue to remain associated with your account, subject to these T&Cs.
We may, in our sole discretion, refuse to offer the Services to any person or entity. We may, in accordance with these T&Cs and Section 8 hereof, terminate or deactivate your right to use our platform and/or the Services, or any portion thereof, and block or prevent future access to our platform and use of the Services or any portion thereof without any notice or responsibility whatsoever.
The Services are not intended for person under 18 years old. You represent and warrant that any users of your account are more than 18 years of age.
The pricing of our Services is based on agreed terms and contract.
You represent and warrant that you have the legal right to use our payment gateway service provider, and any bank accounts or credit card(s) accessed through our payment gateway provider, that you use to pay for the Services. You agree to pay all charges incurred by you or any users of your account at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. Verification of information applicable to a purchase may be required prior to our acceptance of any order.
By using the Services, you will encounter "Nabu Pro Content," which includes all of the images, text, information, data, audio, video, graphics, and other material included on or otherwise made available through the Services, excluding Client Content. "Client Content" includes all the content of the training uploaded by the Client that make up the Services. Except as otherwise set forth in these T&Cs, we do not claim ownership over any Client Content which remains at all times the ownership of the Client.
All Nabu Pro Content and platform is owned by Nabu Pro and is protected by international copyright laws, trademark laws and/or other proprietary rights and laws. As between you and Nabu Pro, Nabu Pro owns and retains, solely and exclusively, all rights, title, and interest in and to the Services, and all Content that we create and that we make available to you through the Services, including but not limited to any and all copyrights, trademark rights, trade secret rights, patent rights, database rights and other intellectual property and proprietary rights therein. The trademark NABU PRO and all associated logos and the other trademarks, service marks, logos and trade names displayed on or in connection with the Services are the registered and unregistered trademarks and service marks of Nabu Pro. Your use of the Services does not grant you any ownership over any Nabu Pro Content, and your use of the Services does not grant you any license or permission under any copyright, trademark or other intellectual property rights of Nabu Pro or any third party. We reserve all rights not expressly granted to you in these T&Cs.
We grant you a limited, non-exclusive, right to use the Services as they are provided to you by us, only as set forth in these T&Cs and any signed contract between Nabu Pro and you, but only during the time you are a registered Client of the Nabu Pro platform. Except as expressly permitted in these T&Cs, you may not reproduce, distribute, adapt, modify, translate, create derivative works from, publish or otherwise use any portion of the Services or Nabu Pro Content for any purpose without the express prior written permission from us or the applicable owner. Any commercial exploitation of the Services or Nabu Pro Content without express prior written permission from us is strictly prohibited and shall immediately terminate the above mentioned right of use granted herein.
All software and software-as-a-service (SAAS) used in connection with the Services ("Software") is proprietary to us, and except as may be required to exercise the foregoing license grant, any use, redistribution, sale, de-compilation, reverse engineering, disassembly, translation, or reduction of such software to human-readable form is prohibited. You agree that we may update the Software without notice, at any time and in our sole discretion, and that these T&Cs will apply to any updated versions.
During the operation of the Services, you may upload certain Client Content. The Client remains the owner of its Client Content at all times, and Nabu Pro does not claim any ownership rights in Client Content. However, Client Content is otherwise subject to the following provisions.
You are solely responsible for ensuring that any Client Content you submit to the Services is owned by you and complies with any applicable laws and third-party rights, including but not limited to any intellectual property rights, privacy rights and publicity rights. You agree that any information included in your Client Content should be used in accordance with our Privacy Policy.
By submitting Client Content, you represent and warrant that (i) you own or otherwise control all of the rights to your Client Content, (ii) the use of your Client Content does not violate these T&Cs or the law, and will not violate any rights of or cause injury to any person or entity, (iii) your Client Content will not violate the additional content restrictions set forth in Section 5 of these T&Cs, and (iv) you will indemnify Nabu Pro regarding all infringement claim made by any third party regarding your Client Content.
We appreciate your feedback and suggestions about our Services, but you agree that any feedback or suggestions submitted to us about the Services are entirely voluntary, and that we will be free to use any such feedback or suggestions as we see fit and without any obligation whatsoever towards you.
You agree that you bear all risks associated with your Client Content. You are solely responsible for safeguarding your Client Content, and Nabu Pro has no duty to store copies of Client Content for future availability to you or any user except as otherwise provided under these T&Cs. Nabu Pro does not permit the infringement of intellectual property rights on the Services and will remove Client Content from the Services if properly notified that such Client Content infringes on other's intellectual property rights. We reserve the right to remove Client Content from the platform and the Services, in whole or in part, without prior notice, for any reason whatsoever at the sole discretion of Nabu Pro. Without limiting our right to terminate a Client pursuant to Section 8 of these T&Cs, we reserve the right to terminate the account of any Client of the Services who has been notified of infringing activity and/or has had Client Content removed from the Service. We also reserve the right to decide whether Client Content is appropriate and complies with these T&Cs.
It is important to us that the Services be used safely, and in accordance with the law, for the enjoyment of all Clients. You agree that you will not use the Services to:
You agree to promptly inform Nabu Pro about any legal complaint, claim or action related to the Client Content that you or any user of your account have uploaded using the Services.
Nabu Pro undertakes to provide the Services diligently and professionally, and otherwise makes no representations or warranties of any kind regarding the Services or Nabu Pro Content. You expressly agree that your use of the Services is at your sole risk. The Services are provided "as is" and "as available" for your use, without warranties of any kind, either express or implied. Nabu Pro expressly disclaims any and all representations and warranties, whether express or implied, including: (i) all warranties of merchantability, fitness for a particular purpose, title, noninfringement, and any and all warranties arising from course of dealing and usage of trade; (ii) that the Services, website and any Nabu Pro content will meet your requirements and expectations, will always be available, accessible, uninterrupted, timely, secure or operate without error; (iii) as to the results that may be obtained from the operation, use or other exploitation of the services, website or the Nabu Pro content; and (iv) as to the accuracy or reliability of any information obtained from the services, website or the Nabu Pro content. No advice or information obtained by you from Nabu Pro, or otherwise through the Services, will create any warranty or responsibility not expressly stated herein.
Nabu Pro's maximum aggregate liability to any Client will be the amount paid in fees for services for the period in which the liability arises, only if the Client has paid fees for use of the Services. To the extent permitted by the laws applicable to these T&Cs, Nabu Pro will not otherwise be liable for any damages of any kind arising from the use of the Services or from any information, Nabu Pro’s content, designs, products or services included on or otherwise made available to you through the Services, including, but not limited to direct, punitive, consequential damages, damages for business interruptions or lost revenue, unless otherwise specified in writing.
You agree to indemnify and hold Nabu Pro and its affiliates, subsidiaries, owners, directors, officers, employees and agents harmless from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys' fees) assessed or incurred by Nabu Pro directly or indirectly, with respect to or arising out of: (i) your failure to comply with these T&Cs ; (ii) your breach of your obligations under these T&Cs ; (iii) your use of the rights granted hereunder, including without limitation any claims made by any third parties ; (iv) your violation of any third party right, including without limitation any intellectual property, right of publicity, or privacy right ; and/or (v) any claim that any of your Client Content caused damage to a third party.
Nabu Pro respects the intellectual property rights of others. We respond to clear notices of alleged copyright infringement, and infringing materials posted by Clients can be identified and removed pursuant to the following complaint procedure.
In the event anyone believes that any Client Content on the Services infringes the intellectual property rights of another, that person should file a notice of infringement with our designated agent:
Nabu Pro Consultant Inc.
ATTENTION OF: Mr. Reinaldo Caceres
info@nabupro.com
Electronic notification must include substantially the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Nabu Pro will, upon receiving a compliant notice of copyright infringement, contact the Client that posted the allegedly infringing Client Content concerning the notice of infringement, and expeditiously remove the allegedly infringing Client Content. It is our policy to document all notifications of alleged infringement on which we act. A copy of the notification may be sent to one or more third parties who may make it available to the public. Please be advised that it is our policy to terminate the accounts of Clients that violate these T&Cs. In no case, shall Nabu Pro be responsible towards anyone for any action or failure to act.
If you are a Client and material that you have uploaded to the Services has been removed or disabled, you may file a counter-notification. To be effective, the counter-notification must be a written communication sent to the email address listed above that includes the following:
Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the courts of the province of Quebec, district of Montreal.
If you have a claim related to trademarks, patents, intellectual property, or any other matter other than copyright, please contact us at info@nabupro.com. Please provide detailed information regarding the nature of your complaint, including but not limited to your name and contact information, the subject matter of the complaint, and any additional information that we may require in order to review the matter and take action (or no action) as may be appropriate. Please be advised that we may share the details of your complaint with the Client that posted and pretends to own the Client Content that is the subject of your complaint, or with appropriate authorities (including law enforcement authorities) if Nabu Pro in its sole discretion believes that such action is necessary, or if we are obligated to do so by law. In no case, shall Nabu Pro be responsible towards anyone for any action or failure to act.
At any time Nabu Pro reserves the right to modify or stop offering all or part of the Services at any time, at its own discretion, in which case we will provide you with one (1) month notice.
We may terminate your account or the right of access of any one of your users to all or portions of the services at any time, without notice, for conduct that we believe at our sole discretion violates the law, these T&Cs and/or is harmful to other users, to Nabu Pro, to other service or information providers, or to any third parties.
After any termination of these T&Cs and/or after you otherwise stop using the Services, the following will survive and remain enforceable and in full force and effect: (i) all outstanding obligations between you and Nabu Pro ; (ii) all remedies for breach of these T&Cs ; and (iii) the following sections of these T&Cs: 3 (Ownership of Nabu Pro Content); 4 (Client Content); 5 (Client Restrictions and Obligations); 6 (Warranty Disclaimers, Limitations of Liability, Indemnity); 7 (Intellectual Property Claims); 8 (Modifying and Terminating the Services); 9 (Other Websites and Services); 10 (Applicable Law and Jurisdiction);11 (Amendment); and 12 (Miscellaneous).
The Services may contain links and features that enable you to access other third-party websites or services ("Third-Party Services") that are not owned or controlled by us. Such Third-Party Services are governed by their own terms of use. We do not control Third-Party Services, and we are not responsible for the contents of any linked site. A link does not imply endorsement of, sponsorship of, or affiliation with the Third-Party Services by Nabu Pro. Please exercise caution before proceeding to any Third-Party Services or entering into any transaction with third parties linked to from the Services. Nabu Pro may in no circumstances be held liable for the technical availability of Third-Party Services, the content, advertising, products and/or services available on Third-Party Services, or any transactions that take place between a Client and Third-Party Services whom the Client has been directed via the Services. Nabu Pro may in no circumstances be a party to any disputes whatsoever between you and third parties concerning Third-Party Services.
The Services are primarily operated by Nabu Pro from its offices in the province of Quebec, Canada. Access to the Services from jurisdictions where such access is illegal is prohibited. All matters arising from or relating to these T&Cs and the use and operation of the Services shall be governed by the substantive laws of the province of Quebec, Canada without regard to its conflicts of laws principles. If you are accessing the Services from locations outside the province of Quebec, Canada, you will be responsible for compliance with all local laws of any such other location, and in no event will you use the Services or Client Content in violation of Canadian export laws or regulations. The courts of the province of Quebec, district of Montreal, will have the exclusive jurisdiction to determine all disputes and claims arising between Nabu pro and its Clients.
Nabu Pro reserves the right to amend the T&Cs at any time by posting a notice on this page, sending an email notification to registered Clients, or otherwise notifying Clients via the services. Registered Clients will receive notification of forthcoming change one (1) month before the T&Cs as amended are effective. Any Client using the services after an amendment has become effective accepts the T&Cs as amended. A Client who does not accept the amended T&Cs shall, before it becomes effective, cease use of the Services and its account shall be closed accordingly.
These T&Cs, along with the Privacy Policy, and any contract signed between you and Nabu Pro represent the entire agreement between Nabu Pro and the Client with respect to the provision of the services, and all prior representations and understandings, whether written or oral, are excluded. No delay or omission by Nabu Pro in exercising any of its rights occurring upon any noncompliance or default by any Client with respect to any of the terms and conditions of these T&Cs will impair any such right or be construed to be a waiver thereof. A waiver by Nabu Pro of any of the covenants, conditions or terms to be performed by a Client will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or terms contained herein. As used in these T&Cs, "including" means "including but not limited to." If any provision of these T&Cs is found by a court of competent jurisdiction to be invalid or unenforceable, then these T&Cs will nonetheless remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. You agree that the electronic text of these T&Cs constitutes a writing, and your assent to the terms and conditions hereof constitutes your "acceptance" for all purposes.
You consent to receive communications from us electronically, and you agree that we may communicate with you by email or by posting notices on the Services. You agree that all agreements, notices, disclosures and other communications that we provide to you, or that you provide to us, electronically satisfy any legal requirement that such communications be in writing. We are not responsible for any automatic filtering that may be applied to any email notices that we send to the email address you have provided.
General inquiries may be directed to info@nabupro.com
The effective date of these Terms & Conditions of Use is January 1st, 2022 (as revised on September 22, 2024).
