General Terms of Use

Last updated: December 5, 2018

These General Terms of Use (“General Terms”) are a legal agreement between you (“you,” “your”) and BOSSC Inc. (“BOSSC.”) and the access to and use of Services (as defined below) and govern your use of BOSSC’s services, including mobile applications, websites, software, hardware, and other products and services (collectively, the “Services”), whether such Services are provided by BOSSC or a subsidiary or affiliate. By accessing or using any of the Services you agree to these General Terms, and any other policies referenced herein (“Policies”), including terms that limit our liability. You also agree to any additional terms specific to the Services you use (“Additional Terms”), which are linked below for your reference. If you are using the Services on behalf of a business, you agree that you accept all these terms and have authority to enter into these terms on behalf of that business. You may not use our Services if you do not agree with the General Terms posted at the time. You should read all of our terms carefully.

  1. Privacy

You agree to BOSSC’s Privacy Policy, which explains how we collect, use and protect the personal information you provide to us.

 

  1. BOSSC Account Registration

You must be over 18 years old and have a profile and an account with BOSSC (a “BOSSC Account”) to use the Services.  The BOSSC Account may be created by you or a third-party with whom you have a contractual relationship. When registering for a BOSSC Account we ask for information including your name and other personal information. You must provide accurate and complete information in response to our questions and keep that information current. You are fully responsible for all activity that occurs under your BOSSC Account, including for any actions taken by persons to whom you have granted access to the BOSSC Account. You are entirely responsible for maintaining the confidentiality of your password. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password.

  1. Revisions, Disclosures and Notices

We may amend the General Terms, any Additional Terms, or our Policies, at any time with notice that we deem to be reasonable in the circumstances and in accordance with applicable law or code of conduct, by posting the revised version on our website or communicating it to you through the Services (each a “Revised Version”). The Revised Version will be effective as of the time it is posted. Your continued use of the Services after the posting of a Revised Version constitutes your acceptance of such Revised Version. We encourage you to review this page regularly.

You agree to receive communications and documentation from BOSSC via electronic means. We may provide disclosures and notices required by law and other information about your BOSSC Account to you electronically, by posting it on our website, pushing notifications through the Services, or by emailing it to the email address listed in your BOSSC Account. Electronic disclosures and notices have the same meaning and effect as if we had provided you with paper copies. Such disclosures and notices are considered received by you within twenty-four (24) hours of the time posted to our website, or within twenty-four (24) hours of the time emailed to you unless we receive notice that the email was not delivered. If you wish to withdraw your consent to receiving electronic communications, contact BOSSC at support@bossc.ca. If we are not able to support your request, you may need to terminate your BOSSC Account.

 

  1. Restrictions

You may not, nor may you permit any third-party, directly or indirectly, to:

  • export the Services, which may be subject to export restrictions imposed by Canadian law, including the Exports and Imports Permit Act (Canada); 
  • access, copy or monitor any material or information on or Services or any BOSSC system using any manual process or robot, spider, scraper, or other automated means; 
  • scrape, strip or mine data from our Services or BOSSC;
  • introduce any viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or other similar software to BOSSC or our Services;
  • “frame” or “mirror” or otherwise incorporate part of the Services into any website, or “deep-link” to any portion of our Services;
  • copy or use the information on our Services or system in connection with a competitive service, as determined by BOSSC;
  • except to the extent that any restriction is expressly prohibited by law, violate the restrictions in any robot exclusion headers on any Service, work around, bypass, or circumvent any of the technical limitations of the Services, use any tool to enable features or functionalities that are otherwise disabled in the Services, or decompile, disassemble or otherwise reverse engineer the Services; 
  • gain or attempt to gain unauthorized access to any portion or feature of the Services or any other systems or networks connected to the Services or to any BOSSC server by hacking, password mining or any other illegitimate means;
  • Interfere with, disrupt, modify, reverse engineer, or decompile any data or functionality of our Services;
  • perform or attempt to perform any actions that would interfere with the Services, prevent access to or use of the Services by others, or impose an unreasonable or disproportionately large load on our infrastructure; 
  • attempt to circumvent any security feature of our Services;
  • copy, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, licence, resell or distribute in any way material, information or Services fromBOSSC;
  • sell, resell, rent, lease, loan, trade or otherwise monetize our Services and all of the data and intellectual property; 
  • Violate the privacy, publicity, copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any third-party;
  • transfer any rights granted to you under these General Terms or any Additional Terms;
  • use the Services for any illegal activity or goods or in any way that exposes you, other BOSSC users, our partners, or BOSSC to harm; or 
  • violate these General Terms, Additional Terms, the terms of your agreements with us, or any applicable law, rule or regulation.

 

If we reasonably suspect that your BOSSC Account has been used for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your BOSSC Account, and any of your transactions with law enforcement.

  1. Compatible Mobile Devices and Third-Party Carriers

We do not warrant that the Services will be compatible with your mobile device or carrier. Your use of the Services may be subject to the terms of your agreements with your mobile device manufacturer or your carrier. You may not use a modified device to use the Services if the modification is contrary to the manufacturer’s software or hardware guidelines, including disabling hardware or software controls—sometimes referred to as “jail broken.”

  1. Copyright and Trademark Infringement

BOSSC respects the copyright and trademark rights of others and asks you to do the same. BOSSC responds to all valid notices of copyright and trademark infringement of a third-party, and it is BOSSC’s policy to suspend or terminate the access privileges of those who repeatedly infringe the copyrights and trademarks of others.

 

  1. Security

We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third-parties will never be able to defeat those measures or use your personal information for improper purposes. You provide your personal information at your own risk.

You are responsible for safeguarding your password and for restricting access to the Services from your compatible mobile devices and computer(s). You will immediately notify us of any unauthorized use of your password or BOSSC Account or any other breach of security.

 

  1. Communications

You consent to accept and receive communications from us, including e-mail, text messages, calls, and push notifications to the cellular telephone number you provide to us. These communications may be generated by automatic telephone dialing systems which will deliver pre-recorded messages, including for the purposes of secondary authentication, receipts, reminders and other notifications. Standard message and data rates applied by your cell phone carrier may apply to the text messages we send you. You may opt-out of receiving communications by following the unsubscribe options we provide to you in those communications. You acknowledge that opting out of receiving communications may impact your use of the Services.

  1. Modification

We may terminate these General Terms or any Additional Terms, or suspend your BOSSC Account or your access to any Service, at any time upon notice to you.  You may terminate the General Terms and Additional Terms applicable to your BOSSC Account by deactivating your BOSSC Account at any time in accordance with the Master Services Agreement between you and BOSSC.BOSSC reserves the right to do any of the following, at any time, without notice or liability:

  1. to modify, suspend or terminate operation of or access to the Services or software, or any portion of the Services or software,  (temporarily or permanently) for any reason;
  2. to modify or change the Services or software, or any portion of the Services or software (including its look, feel, format, and content), and any applicable policies or terms;
  3. to interrupt the operation of the Services or software, or any portion of the Services or software, as necessary to perform routine or non-routine maintenance, error correction, or other changes; or
  4. change, remove, or discontinue any product, service, or promotion as advertised on the Services or softwareat any time without notice and you confirm that BOSSCshall not be liable for any such change or removal.

 

Your continued use of or access to the Services following any changes shall be deemed to be your acceptance of such change.

 

We may terminate your BOSSC Account or your access to any Service at any time upon notice to you in instances which, in our opinion, require such action for security purposes. This shall apply in full force and effect notwithstanding section 21 herein that states that the terms of the Master Services Agreement prevail in the event of a conflict.

 

  1. Effect of Termination

If these General Terms or your BOSSC Account is terminated or suspended for any reason: (a) the license and any other rights granted under these General Terms and any Additional Terms will end, (b) we may (but have no obligation to) delete your information and account data stored on our servers, and (c) we will not be liable to you or any third-party for compensation, reimbursement, or damages for any termination or suspension of the Services, or for deletion of your information or account data. The following sections of these General Terms survive and remain in effect in accordance with their terms upon termination: Copyright and Trademark Infringement, Effect of Termination, Ownership, Indemnity, Representations and Warranties, No Warranties, Limitation of Liability and Damages, Governing Law, Limitation on Time to Initiate a Dispute, Assignment, Third-Party Service and Links to Other Web Sites, and Other Provisions.

  1. Your License

We grant you a limited, non-exclusive, revocable, non-transferable, non-sublicensable license to use the software that is part of the Services, as authorized in these General Terms or Additional Terms and agreements between us. We may make software updates to the Services available to you, which you must install to continue using the Services. Any such software updates may be subject to additional terms made known to you at that time.

  1. Ownership

We reserve all rights not expressly granted to you in these General Terms, Additional Terms or agreement between us. We own and retain all rights, title, interest, copyright and other worldwide proprietary rights, including Intellectual Property Rights (as defined below) in the Services and all copies of the Services. These General Terms do not grant you any rights to our trademarks or service marks.

For the purposes of these General Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights that may exist now or come into existence in the future, and all of their applications, registrations, renewals and extensions, under the laws of any province, country, territory or other jurisdiction.

You may submit comments or ideas about the Services (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited, and without restriction, that it will not place us under any fiduciary, confidentiality or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.

  1. Indemnity

You will indemnify, defend, and hold us and our officers, employees, directors, agents, affiliates and representatives harmless from and against any and all loss, liability, claims, demands, causes of action, damages and judgments  (including reasonable legal fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by any third-party that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in these General Terms or any applicable Additional Terms; (b) your wrongful or improper use of the Services, including your modification or enhancement of the Services or software; (c) your violation of any third-party right, including any right of privacy, publicity rights or Intellectual Property Rights; (d) your violation of any law, rule or regulation of Canada (including its provinces and territories) or any other country; and (e) any other party’s access and/or use of the Services with your unique name, password or other appropriate security code.

  1. Representations and Warranties

You represent and warrant to us that: (a) you are at least eighteen (18) years of age; (b) you are eligible to register and use the Services and have the right, power, and ability to enter into and perform under these General Terms; (c) any information you provide accurately and truthfully represents your business or personal identity; (d) you and all transactions initiated by you will comply with all federal, provincial, territorial, and local laws, rules, and regulations applicable to you and/or your business, including all laws governing the protection of personal information, anti-spam legislation and consumer protection laws; (e) you will not use the Services, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the operation of the Services; and (f) your use of the Services will be in compliance with these General Terms.

  1. No Warranties

THE SERVICES ARE PROVIDED “AS IS” WITHOUT REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WITHOUT LIMITING THE FOREGOING, BOSSC SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, PERFORMANCE, OR NON-INFRINGEMENT.

BOSSC DOES NOT WARRANT OR GUARANTEE THAT THE SERVICES AND THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICESARE ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, WITHOUT DEFECT OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

BOSSC is not responsible for lost or late submissions, nor for electronic transmission errors or delays resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of materials, or for technical, hardware, software, or telephone failures of any kind, lost or unavailable connections, fraud, incomplete, garbled, or delayed computer transmissions, whether caused by the, users or by any of the equipment or programming associated with or utilized in the Application or by any technical or human error which may occur in the processing of or submissions which may limit, restrict, or prevent a participant's ability to use this Application. 

BOSSC does not warrant, endorse, guarantee, or assume responsibility for any product or services advertised or offered by a third-party.

 

  1. Limitations of Liability and Damages

We are not responsible for any errors in, incorrect, omitted, inaccurate, or unlawful content (including any information in accounts) on our Services, whether caused by users or by any of the equipment or programming associated with or utilized in our Services.

 

We assume no responsibility for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, or communications line failure. We are not responsible for theft of, destruction of or unauthorized access to or alteration of the Services. We are not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or of our Services or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from using our Services.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BOSSC BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ALL CASES, BOSSC WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

UNDER NO CIRCUMSTANCES WILL BOSSC BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR BOSSC ACCOUNT, OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF BOSSC IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES EARNED BY US IN CONNECTION WITH YOUR USE OF THE SERVICES DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.

THIS LIMITATION OF LIABILITY APPLIES EVEN IF BOSSCHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BOSSC makes no representations that the Services are appropriate or available for use other than in Canada.

  1. Governing Law

These General Terms, any Additional Terms and any related Dispute will be governed by Ontario law and/or applicable Canadian federal law, without regard to choice of law or conflicts of law principles.

  1. Limitation on Time to Initiate a Dispute

Any action or proceeding by you relating to any dispute must commence within one year after the cause of action accrues or you shall be deemed to have waived any such right.

  1. Assignment

These General Terms, any Additional Terms and any rights, obligations and licenses granted hereunder or thereunder may not be transferred, sublicensed or assigned by you except with BOSSC’s prior written consent, but may be assigned or transferred by BOSSC without restriction. Any attempted transfer or assignment by you will violate these General Terms and will be null and void.

  1. Third-Party Services and Links to Other Web Sites

You may be offered services, products and promotions provided by third parties and not by BOSSC (“Third-Party Services”). If you decide to use Third-Party Services you will be responsible for reviewing and understanding the terms and conditions for these services. We are not responsible for the performance of any Third-Party Services. The Services may contain links to third-party websites. The inclusion of any website link does not imply an approval, endorsement, or recommendation by BOSSC. Such third-party websites are not governed by these General Terms. You access any such website at your own risk. We do not monitor or have any control over, and make no claim or representation regarding third-party websites. We expressly disclaim any liability for these websites. When you use a link to go from the Services to a third-party website, our Privacy Policy is no longer in effect. Your browsing and interaction on a third-party website, including those that have a link in the Services, are subject to that website’s own terms, rules and policies.

  1. Other Provisions

These General Terms, and any applicable Master Services Agreement, Subscription Agreement, Additional Terms or Policies, constitute the entire agreement between you and BOSSC regarding the Services. In the event of a conflict between these General Terms and any other BOSSC agreement or policy, the Master Services Agreement will prevail and control the subject matter of such conflict. You represent and warrant that no person has made any promise, representation, or warranty, whether express or implied, not contained herein to induce you to enter into this agreement. If any provision of these General Terms or any Additional Term is found to be invalid or unenforceable under applicable law, then it will be modified and interpreted to reflect the parties’ intentions and objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. These General Terms do not limit any rights that we may have under trade secret, copyright, patent, or other laws. No waiver or failure to exercise or enforce any right or term of these General Terms will be deemed a further or continuing waiver of such right, term or any other right or term.You represent and warrant that no person has made any promise, representation, or warranty, whether express or implied, not contained herein to induce you to enter into this agreement. The section titles in the Terms are for convenience only and have no legal or contractual effect; as used in the Terms, the word "including" means "including but not limited to."

  1. Contact Information

Please contact BOSSC for all customer support and account related inquiries at

email : support@bossc.ca

mailing address:

1300 Cornwall Road, Suite 102

Oakville, Ontario Canada, L6J 7W5