The Terms and Conditions ("Terms") describe how o-cap.ca in Canada ("Company", "we" and "our") regulates your use of the website (the "Site"). Please read the following information carefully to understand our practices regarding your use of the Site. The Company may change the Terms at any time. The Company may inform you of the modifications to the Terms utilizing the available means of communication. The Company recommends you to check the Site frequently to see the actual version of the Terms and their previous versions.
If you represent a legal entity, you certify that you entitled by this type of legal thing to resolve that the Terms as the legal entity you represent.
Our Privacy Policy is available on a different page. Our Privacy Policy explains to you how we process information about you. You shall understand that through your use of the Site you acknowledge the processing of this information shall be undertaken in accordance with the Privacy Policy.
When using the Site, you shall be responsible for ensuring that the confidentiality of your password, account, and other credentials and for protected access to your device. You shall not assign your account to anybody. The Company is not responsible for unauthorized access to your accounts that results from misappropriation or theft of your account. The Company may refuse or cancel service, terminate your accounts, and remove or edit content.
The Company doesn't intentionally collect personal data from persons under the age of 16 (sixteen). If you're under 16 (sixteen) years old, you may not use the Site and may not enter into the Terms under any circumstances.
The Site lets you use Services on the Site. You shall not use the services for the illegal aims.
We may, in our sole discretion, set fees for using the Site for you. All prices are published separately on relevant pages on the Site. We may, at our sole discretion, at any time change any penalties.
We may use certified payment systems which also may have their own commissions. Such commissions may be implied on you when you opt for a specific payment system. Detailed information about commissions of these payment systems could be found on their websites.
The Site may include links to other sites, applications, and platforms (hereinafter the"Linked Sites").
The Company does not control the Linked Sites, and will not be responsible for the content and other materials of the Linked Sites. The Company makes these links available to you for providing the functionality or services on the Site.
The Company grants you a non-transferable, non-exclusive, revocable license to access and use the Site from 1 device in accordance with the Terms.
You will not use the Site for unlawful or prohibited purpose. You may not use the Site in a manner that may disable, harm, or interfere in the Site.
All content present on the Site includes text, code, graphics, logos, pictures, compilation, applications used on the Site (hereinafter and hereinbefore that the"Content"). The Content is the property of the Company or its contractors and protected by intellectual property laws that protect such rights. You agree to use all copyright and other proprietary notices or restrictions contained in the Content and you are prohibited from altering the Content.
You may not publish, transmit, modify, reverse engineer, participate in the transfer, or create and sell derivative works, or in any way use any of the Content. Your enjoyment of the Site shall not entitle one to make any prohibited and disallowed use of the Content, and in particular, you shall not alter proprietary rights or notices from the Content. You will use the Content only for your personal and non-commercial use. The Company does not give you any licenses to the intellectual property of the Company.
By posting, uploading, inputting, providing or submitting your Content you're granting the Company to use your Content in connection with the operation of Company's business including, but not limited to, the rights to transmit, publicly display, distribute, publicly perform, copy, copy, and translate your Content; and to publish your name in connection with your Content.
No compensation shall be paid with respect to the use of your Content. The Company will have no duty to publish or enjoy any Content you may send us and may remove your Content at any time.
By posting, uploading, inputting, providing or submitting your Content you warrant and represent that you have all the rights to your Content.
The information available via the Site may include typographical errors or inaccuracies. The Company shall not be liable for these inaccuracies and errors.
The Company makes no representations about the availability, accuracy, reliability, suitability, and timeliness of the Content contained on and services available on the Site. To the maximum extent permitted by the applicable law, all such Content and services are provided on the"as is" basis. The Company disclaims all warranties and conditions regarding this Content and services, including provisions and warranties of merchantability, fitness for a specific purpose.
To the maximum extent allowed by the applicable law, in no event shall the Company be responsible for any direct, indirect, incidental, consequential, special, punitive damages including, but not limited to, damages for loss of pleasure, data or profits, in the relation to the enjoyment or implementation of the Site in the context of the inability or delay to enjoy the Site or its services, or for any Content of the Site, or otherwise arising from the pleasure of the Site, based on contract and non-contract liability or other motive.
If the exclusion or limitation of liability for damages, whether or not incidental, are prohibited in a particular instance, the exclusion or limitation of liability will not apply to you.
You agree to indemnify, defend and hold harmless the Company, its managers, directors, employees, agents, and third parties, for any expenses, losses, expenses (including attorneys' fees), liabilities regarding or arising out of your enjoyment of or inability to enjoy the Site or its services and Company's services and products, your violation of the Terms or your violation of any rights of third parties, or your violation of the applicable law. The may assume the exclusive defense, and you will cooperate with the Company in asserting any available defenses.
The Company may terminate your account and access to the Site and its related services or any part at any time, without notice, in case of your breach of the Terms.
The governing law of these Terms are the substantive laws of the country in which the Company is set up, except the conflict of laws rules. You will not use the Site in jurisdictions that do not give effect to all provisions of the Terms.
No joint venture, partnership, employment, or agency relationship will be implied between you and the Company as a result of the Terms or use of the Site.
Nothing in the Terms shall be a derogation of the Company's right to comply with governmental, law enforcement, and law enforcement requests or requirements regarding your enjoyment of the Site.
If any portion of the Terms is determined to be void or unenforceable in accordance with applicable law then the void or unenforceable clauses will be deemed superseded by valid and enforceable clauses shall be like the original version of the Terms and other components and segments of the Terms shall be applicable to you and the Company.
The Terms constitute the whole agreement between you and the Company regarding the enjoyment of the Site and the Terms supersede all prior or communications and provides, whether electronic, oral or written, between you and the Company.
The Company and its affiliates shall not be liable for a failure or delay to satisfy its obligations where the failure or delay results from any cause beyond Company's reasonable control, including technical failures, natural disasters, blockages, embargoes, riots, acts, regulation, laws, or orders of government, terroristic acts, war, or any other force outside of Company's control.
In case of controversies, demands, claims, disputes, or causes of action between the Company and you relating to the Site or other relevant issues, or the Terms, you and the Company agree to attempt to resolve such controversies, demands, claims, disputes, or causes of action by good faith negotiation, and in the event of failure of such discussion, exclusively through the courts of the country where the Company is set up.
We are committed to resolving any complaints regarding our collection or use of your personal information. If you want to make a complaint regarding this Terms or our practices in relation to your personal data, please contact us through our website. We'll respond to your complaint as soon as we can and in any event, within 30 days. We hope to resolve any complaint brought to our attention, however, if you feel that your complaint hasn't been satisfactorily resolved, you reserve the right to contact the local data protection supervisory authority.
We welcome your comments or questions about this Terms. You may contact us via the contact information available on our site.