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Kanbay.com Terms of Use

Your access to and use of this site is subject to the following terms and conditions and all applicable laws. By accessing and using this site, you accept the following terms and conditions, without limitation or qualification.

COPYRIGHT, REPRODUCTION NOTICE AND TRADEMARK

All web site design, text, graphics, and the selection and arrangement thereof, are the property of Kanbay Incorporated. Copyright © 1999 - 2006, Kanbay Incorporated. All rights reserved.

Kanbay® and the Kanbay logo are the registered trademarks of Kanbay Incorporated. All trademarks used or referred to in this web site are the property of their respective owners.

This site and the content provided in this site, including, but not limited to, graphic images, audio, video, html code, buttons, and text, may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without the prior written consent of Kanbay, except that you may download, display, and print one copy of the materials on any single computer solely for your personal, non-commercial use, provided that you do not modify the material in any way and you keep intact all copyright, trademark, and other proprietary notices. Nothing contained in this site shall be construed as conferring by implication or otherwise, any license or right to any copyright, patent, trademark or other proprietary interest of Kanbay or any third party.

DISCLAIMER

The information presented on this site is free of charge, for informational purposes only, and it does not create a business or professional relationship between you and Kanbay. Links on this site may be provided that lead to third party sites or resources not operated by Kanbay. Kanbay makes no warranty of any kind with respect to such third party sites or resources and Kanbay shall have no responsibility for such third party sites or resources. Kanbay provides this site and its contents (and any links) on an "as is" basis and Kanbay makes no representations or warranties of any kind with respect to this site or its contents. Kanbay disclaims all such representations and warranties, whether express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Kanbay does not warrant that the information accessible on this site, or any other site linked to this site, is accurate complete or current. Your use of this web site is at your own risk.

LIMITATION OF LIABILITY

Neither Kanbay nor any of its affiliates, employees or other representatives shall be liable for damages arising out of or in connection with use of this site. Under no circumstances shall Kanbay have any liability for any direct, consequential, incidental, indirect, special or punitive damages or costs (including, but not limited to, lost profits, loss of programs or data, loss of or damage to property, or business interruption) without regard to the form of action and whether in tort, contract, negligence, strict liability or otherwise, arising out of or in connection with this site, any content on or accessed through this site or any site linked thereto, or any copying, displaying or other use thereof, regardless of whether Kanbay has been advised, knew or should have known of the possibility thereof.

SITE AND TERMS OF USE SUBJECT TO CHANGE

All content contained herein, including, but not limited to the terms of use, is subject to change without notice. Kanbay reserves the right to change, add, modify, or delete, at any time, the content provided herein, as well as the applicable terms of use. Any changes to the terms of use shall be applicable immediately upon posting to this site, and each user of this site is responsible for knowing the terms of use prior to accessing the content provided on this site. You agree that use of this site shall be deemed to constitute acceptance by you of the terms of use, as well as any changes, additions, modifications, or deletions thereto.

SUBMISSION OF INFORMATION

Unless stated otherwise on this site, any information or material submitted by you through this site shall be deemed non-confidential and non-proprietary. By submitting such information or material, you represent and warrant that you have the right, and are entitled, to submit such information.

PRIVACY

Kanbay does not collect information identifying individuals unless provided directly by the visitor or the visitor's browser. Kanbay only uses information provided by visitors internally and among its affiliated companies and contractors. Kanbay does not sell this information to third parties. Typically, information is used for the specific purposes described when the visitor supplies the information, to measure trends or traffic at this site, or in response to direct inquiries. Currently, we do not use cookies (files that are sent to and stored on the visitor's computer).

There may be other times that Kanbay will need to share information with third parties. When this is the case, the reasons for gathering the information should be provided and it is up to you as to whether or not you should submit the information.

Kanbay reserves the right to change its policies regarding cookies and the collection of information from visitors at any time and without advance notice.

PERSONALLY IDENTIFIABLE INFORMATION

Certain pages or functions on this website may allow you to provide Kanbay with personally identifiable information about yourself ("Personal Data"). Personal Data includes all personal information that you supply to Kanbay, such as your name, contact information (including home address, phone number, and email address); date of birth; languages of communication; education, employment, and other background information (including your professional resume). You are under no obligation to provide Kanbay with any Personal Data and may choose not to do so. However, if you choose to provide Kanbay with your Personal Data, and you do not otherwise supply Kanbay with an explicit consent regarding the collection and use of that Personal Data, the act of your submission of such Personal Data shall constitute your consent that the following terms shall apply.

Kanbay will collect, use, store, transfer and otherwise process ("Process") your Personal Data as stated herein. Kanbay will Process Personal Data for the purpose(s) stated at the point of collection of such data. If you ever become employed by Kanbay or establish any other relationship with Kanbay, Kanbay may also Process Personal Data for purposes related to such employment or other relationship. You may update your Personal Data from time to time through this website. In some instances you may have rights under applicable law to access such data. Kanbay shall provide a written explanation if, in accordance with applicable law, such a request is ever denied.

As Kanbay is a group of companies operating internationally, Kanbay may transfer Personal Data for the purposes described above to its own operations, or to other subsidiary or affiliated companies, located in the United States, India, and other jurisdictions, where data protection laws may not provide an equivalent level of protection as the laws in your jurisdiction. Likewise, Kanbay may also transfer Personal Data to: (1) legal and regulatory authorities (including tax and employment authorities); (2) tax advisors, auditors and other outside professional advisers; and (3) vendors and other parties that provide products or services to Kanbay, such as IT systems suppliers, medical practitioners and private health companies. Personal Data may also be disclosed and transferred to respond to law enforcement requests or where required by applicable laws, court orders, or government regulations, as well as in connection with corporate restructuring, sale or assignment of assets, merger, divestiture, or other changes of control or financial status of Kanbay or its subsidiary or affiliated companies. These recipients may be located in the United States, Europe, India and elsewhere, including jurisdictions that might not provide an equivalent level of protection as those in your local jurisdiction.

Kanbay takes reasonable technical and organizational security measures to protect Personal Data against loss, misuse, and unauthorized access, disclosure, alteration and destruction. Your Personal Data shall be stored in secure physical locations and/or secure servers located in India, the United States and/or any other jurisdictions to which your Personal Data may be transferred.

If, at any time, you wish to withdraw this consent, request access to, copies of, or amend your Personal Data, or ask any questions related to this Consent or Kanbayís privacy policies and practices, you should notify Kanbay at the email addresses and/or telephone numbers provided on this website.

By the act of your submission of such Personal Data, you acknowledge that you have read and understood the above information and hereby offer your freely given, explicit and unambiguous consent for Kanbay to (i) Process your Personal Data (including any sensitive Personal Data) as described above, and (ii) Transfer your Personal Data as described above, including to those jurisdictions where data protection laws may not provide an equivalent level of protection as the laws in your jurisdiction.

LAW AND VENUE

This web site was created and is maintained by Kanbay Incorporated in the State of Illinois, United States of America, and you agree that the terms of use and any legal action or proceeding of any sort relating to this site shall be governed by the laws of the State of Illinois without reference to its choice of law principles. By using this site, you agree that any legal action or proceeding of any sort relating to this site shall be brought only in the Circuit Court of Cook County, Illinois or the United States District Court, Northern District of Illinois, Eastern Division. You hereby consent to such venue and to the jurisdiction of such courts over such proceeding and yourself.