Terms of Service

Last Updated: 2025, November 5th


1. Agreement to Terms

Welcome to Xoomler. These Terms of Service (“Terms”) govern your access to and use of the Xoomler website located at xoomler.com (the “Site”) and any related services provided by Xoomler (“we,” “us,” or “our”).

By accessing or using our Site, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use our Site.

We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the updated Terms on this page with a new “Last Updated” date. Your continued use of the Site after such changes constitutes your acceptance of the new Terms.

2. Scope of Terms

Important: These Terms govern your use of our website and general interactions with Xoomler. If you engage our managed IT services, network deployment, cybersecurity services, or other professional services, those services will be governed by a separate written service agreement between you and Xoomler (the “Service Agreement”). In the event of any conflict between these Terms and a Service Agreement, the Service Agreement shall control with respect to the services provided under that agreement.

3. Eligibility

You must be at least 18 years of age to use this Site. By using this Site, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.

If you are using the Site on behalf of a business or organization, you represent and warrant that you have the authority to bind that entity to these Terms.

4. Use of the Site

4.1 Permitted Use

You may use our Site for lawful purposes only, including:

  • Browsing information about our services
  • Requesting consultations, quotes, or assessments
  • Scheduling appointments
  • Contacting us with inquiries
  • Accessing resources and information we provide

4.2 Prohibited Conduct

You agree not to:

  • Use the Site in any way that violates any applicable federal, provincial, local, or international law or regulation
  • Transmit any material 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
  • Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site
  • Use any robot, spider, scraper, or other automated means to access the Site without our express written permission
  • Attempt to gain unauthorized access to any portion of the Site, other accounts, computer systems, or networks connected to the Site
  • Interfere with or disrupt the Site or servers or networks connected to the Site
  • Use the Site to transmit any viruses, worms, defects, Trojan horses, malware, or any items of a destructive nature
  • Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Site
  • Remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Site
  • Collect or harvest any personally identifiable information from the Site without consent
  • Use the Site to send unsolicited communications or spam
  • Use the Site in any manner that could damage, disable, overburden, or impair our servers or networks

5. Intellectual Property Rights

5.1 Our Intellectual Property

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, logos, design, and the selection and arrangement thereof) are owned by Xoomler, its licensors, or other providers of such material and are protected by Canadian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Our trademarks, service marks, and logos (the “Xoomler Marks”) used and displayed on the Site are our registered and unregistered trademarks. Nothing on this Site should be construed as granting any license or right to use any Xoomler Marks without our prior written permission.

5.2 Your Use of Our Content

You may access and use the Site for your personal, non-commercial use only. You may not:

  • Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any content from the Site without our express written consent
  • Use any content from the Site for commercial purposes without a license or written permission from us
  • Remove any copyright, trademark, or other proprietary notices from any content on the Site

5.3 User-Submitted Content

If you submit any content to us through the Site (including but not limited to inquiries, feedback, suggestions, technical information, or other materials) (“User Content”), you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content for any purpose, including improving our services and marketing our business.

You represent and warrant that:

  • You own or have the necessary rights to submit the User Content
  • The User Content does not violate any third-party rights
  • The User Content is accurate and not misleading

6. Consultations and Service Requests

6.1 No Obligation

Requesting a consultation, quote, assessment, or other information through our Site does not create any obligation for either party to enter into a service relationship. Any services provided by Xoomler will be subject to a separate written Service Agreement.

6.2 Information Accuracy

You agree to provide accurate, current, and complete information when requesting consultations or submitting inquiries. We rely on the information you provide to offer appropriate recommendations and services.

6.3 Preliminary Advice

Any information, advice, or recommendations provided during preliminary consultations or through the Site are general in nature and should not be relied upon as professional advice for your specific situation until formalized in a Service Agreement. For binding professional services and advice, a Service Agreement must be executed.

7. Third-Party Links and Services

The Site may contain links to third-party websites, services, or resources that are not owned or controlled by Xoomler. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that Xoomler 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 third-party content, goods, or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

8. Disclaimer of Warranties

THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN A SERVICE AGREEMENT.

XOOMLER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, UNLESS OTHERWISE SPECIFIED IN WRITING.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, XOOMLER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

XOOMLER DOES NOT WARRANT THAT:

  • THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
  • THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE
  • ANY ERRORS IN THE SITE WILL BE CORRECTED
  • THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS

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

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL XOOMLER, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE
  • ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE
  • ANY CONTENT OBTAINED FROM THE SITE
  • UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

IN NO EVENT SHALL XOOMLER’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SITE EXCEED THE AMOUNT OF $100 CAD OR THE AMOUNT YOU PAID US IN THE LAST SIX MONTHS FOR USING THE SITE, WHICHEVER IS GREATER.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Note: This limitation of liability applies to the use of the Site only. Professional services provided under a Service Agreement will be governed by the liability provisions in that agreement.

10. Indemnification

You agree to defend, indemnify, and hold harmless Xoomler, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to:

  • Your violation of these Terms
  • Your use of the Site
  • Your violation of any rights of another party
  • Your violation of any applicable laws or regulations
  • Any User Content you submit or transmit through the Site

11. Geographic Restrictions

Xoomler is based in Toronto, Ontario, Canada. We provide information on the Site for users primarily in Canada. We make no claims that the Site or any of its content is accessible, appropriate, or legal outside of Canada.

If you access the Site from outside Canada, you do so on your own initiative and are responsible for compliance with local laws.

12. Governing Law and Jurisdiction

These Terms and your use of the Site 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 conflict of law principles.

Any legal action or proceeding arising out of or relating to these Terms or the Site shall be instituted exclusively in the courts of Ontario, and you consent to the personal jurisdiction of such courts.

13. Dispute Resolution

If you have any dispute with us arising out of or relating to these Terms or the Site, you agree to first contact us and attempt to resolve the dispute informally by contacting us at [email protected]

14. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired, and such provision shall be reformed only to the extent necessary to make it enforceable.

15. Waiver

No waiver by Xoomler of any term or condition set forth in these Terms 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 of Xoomler to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

16. Entire Agreement

These Terms, together with our Privacy Policy and any Service Agreement you may enter into with us, constitute the entire agreement between you and Xoomler regarding your use of the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.

17. Term and Termination

17.1 Term

These Terms remain in full force and effect while you use the Site.

17.2 Termination by You

You may stop using the Site at any time.

17.3 Termination by Us

We reserve the right, in our sole discretion, to restrict, suspend, or terminate your access to the Site at any time, for any reason, without prior notice or liability. We may also remove or disable any content at any time if we determine that the content violates these Terms or may harm our business, reputation, or users.

17.4 Effect of Termination

Upon termination of your access to the Site:

  • All rights granted to you under these Terms will immediately cease
  • You must immediately cease all use of the Site
  • Sections of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property provisions, disclaimers, indemnification, and limitations of liability

18. Privacy

Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding the collection, use, and disclosure of your personal information.

19. Accessibility

We are committed to making our Site accessible to all users. If you experience any difficulty accessing any part of the Site, please contact us at [email protected], and we will work with you to provide the information or service you seek through an alternative communication method.

20. Force Majeure

Xoomler shall not be liable for any failure or delay in performance under these Terms due to causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

21. Contact Information

If you have any questions about these Terms, please contact us:

Xoomler
Email: [email protected]

Address:
33 Bloor St. E., Suite 534
Toronto, ON. M4W 3H1

22. Acknowledgment

BY USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.


Effective Date: Wed. Nov. 5th, 2025





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