Last update: August 2023
Please read the Terms and Conditions (the "Terms", "Terms and Conditions") carefully before using the https://kersonwallaw.com/ubitrak-audit-portal website (the "Service") operated by GRC - Prod ("us", "we", or "our").
Your access to and use of the Service are conditioned on your acceptance of and compliance with these Terms. They apply to all visitors, users, and others who access or use the Service.
By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, you may not access the Service.
EFFECTIVE PERIOD
These Terms are effective upon your access to the Website and will remain in effect for one (1) year. Payment for the service is annual, and the service must be consumed during that year. You agree that GRC - Prod may contact you to facilitate the automatic renewal of the Services after the first year period.
For the renewal process, your anniversary date will be the date at which you SUBMIT your Attestation of Compliance (AOC) in your portal. Failure to submit your AOC within twelve months following your SAQ purchase will result in incomplete certification and loss of renewal privileges.
ACCOUNTS
When creating an account with us, you must provide accurate, complete, and up-to-date information at all times. Failure to do so constitutes a breach of the Terms, which may lead to the immediate termination of your account on our Service.
You are responsible for safeguarding your password for accessing the Service and for any activities or actions under your password, whether your password is used on our Service or a third-party service.
You agree not to disclose your password to any third party and must notify us immediately upon becoming aware of any security breach or unauthorized use of your account.
INFORMATION SUPPLIED
The Service provided depends on the accuracy of the information given. Therefore, all information must be precise and exact.
You understand that PCI-DSS certification depends solely on the accuracy of the information provided by you, including but not limited to completeness, spelling, grammar, and consistency of names, addresses, descriptions, financial information, and the like. It is your sole responsibility to provide accurate information, and you must review all final documents before approving, signing, submitting, or returning them to the designated recipients.
Any information deemed false or inaccurate will void the Service and terminate the account.
LINKS TO OTHER WEB SITES
Our Service may contain links to third-party websites or services not owned or controlled by GRC - Prod.
GRC - Prod has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that GRC - Prod 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 such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services you visit.
EXCLUSIVE LICENSE
The user of GRC - Prod is granted an exclusive and non-transferable license for personal use only, which cannot be resold or exploited by any other person or entity. The licensee is also excluded from exploiting the intellectual property rights.
Documents generated by the GRC - Prod portal cannot be used for resale, and no modifications to the GRC - Prod portal are authorized.
All content, features, and functionality on the https://kersonwallaw.com/ubitrak-audit-portal website, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, digital downloads, data compilations, and software, as well as the selection, organization, coordination, compilation, and overall look and feel of the site, are the exclusive property of and are protected by law. Unauthorized use of any of GRC - Prod's intellectual property without our express written consent is strictly prohibited and may result in legal action. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our website, except as necessary for the purpose of viewing the website in your browser or as permitted through the website's functionalities provided by GRC - Prod. Any rights not expressly granted herein are reserved by GRC - Prod.
TERMINATION
We may terminate or suspend access to our Service immediately and without prior notice or liability for any reason, including, but not limited to, a breach of these Terms.
Upon termination, your right to use the Service will cease. If you wish to terminate your account, simply discontinue using the Service
All provisions of these Terms that by their nature should survive termination, including ownership provisions, warranty disclaimers, indemnities, and limitations of liability, shall remain in effect.
REFUND POLICY
All services on the GRC - Prod portal are non-refundable. Each step within the PCI compliance process includes information containing intellectual property. When you use the portal, you are granted a non-exclusive, non-transferable, and personal license to access this intellectual property in various formats. Therefore, no refunds can be issued after the purchase of such services. However, if you failed to apply a promo code, a credit may be applied if you notify us by email within 30 days of the purchase. Our team will provide all the necessary support to complete your SAQ.
GOVERNING LAW
These Terms shall be governed and construed in accordance with the laws of Quebec, Canada, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede any prior agreements between us concerning the Service.
CHANGES
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
WARRANTY
No warranty, either express or implied, is provided for the GRC - Prod service.
LIMITATION OF LIABILITY
GRC - Prod shall not be liable towards the merchant using the portal for any fault or any direct or indirect damage resulting therefore, and the merchant shall indemnify the Consultant (Ubitrak, a Kerson Wallaw division) and hold it harmless from and against all claims, including all claims under a warranty, in any of the following cases:
Unlawful or unauthorized third-party hacking into the Company's computer equipment.
UNLESS OTHERWISE PROVIDED FOR IN THIS AGREEMENT, UNDER NO CIRCUMSTANCES WILL GRC - Prod (INCLUDING, IF APPLICABLE, ITS EMPLOYEES, ASSOCIATES AND DEVELOPERS) BE HELD LIABLE TOWARDS THE COMPANY OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS OR OTHER ECONOMIC LOSS (RESULTING FROM A CONTRACTUAL OR EXTRA-CONTRACTUAL FAULT OR FROM NEGLIGENCE), EVEN IF THE CONSULTANT HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR INDIRECT OR CONSEQUENTIAL DAMAGES, AND IT IS POSSIBLE THAT ONE OR MORE OF THE AFOREMENTIONED EXCLUSIONS OR LIMITATIONS WILL NOT APPLY. IT IS ALSO POSSIBLE THAT THE COMPANY MAY HAVE OTHER RIGHTS, WHICH RIGHTS MAY VARY FROM ONE PLACE TO ANOTHER. UNDER NO CIRCUMSTANCES WILL THE CONSULTANT'S TOTAL LIABILITY TOWARDS THE COMPANY EXCEED THE PRICE OF THE SERVICES (ARTICLE 3.1 PLUS ANY AMOUNT OF THE SAME NATURE RECEIVED FOR ADDITIONAL SERVICES). THE MERCHANT EXPRESSLY RELEASES GRC - Prod FROM ANY LIABILITY EXCEEDING THE SAID LIMIT.
CONTACT US
If you have any questions about these Terms, please contact us at support@ubitrak.com.