THESE TERMS AND CONDITIONS RELATE TO THE USE OF THE APPLICATION AND WEBSITE LOCATED AT WWW.SECUREONLINESCREENING.CA AND ANY SUBDOMAINS OR INSTANCES USED IN CONNECTION WITH OR RELATED TO THE SAME AND ANY FUTURE VERSIONS (THE “WEBSITE”) AND/OR THE WEB APPLICATION (“WEB APPLICATION”) OF SECURE ONLINE SCREENING (“SOS”) COLLECTIVELY THE WEBSITE AND THE WEB APPLICATION SHALL HEREINAFTER BE REFERRED TO AS THE (“APPLICATION”).
THESE TERMS AND CONDITIONS APPLY TO ALL USERS OF THE APPLICATION, INCLUDING USERS WHO ARE VENDORS OR CLIENTS OF SOS RESELLERS, AND USERS WHO SIMPLY VIEW THE CONTENT ON OR AVAILABLE THROUGH THE APPLICATION.
BY ACCESSING OR OTHERWISE USING THE APPLICATION, YOU ARE CONFIRMING THAT YOU HAVE READ, UNDERSTOOD AND ACCEPT THESE TERMS AND CONDITIONS (“TERMS”). IF YOU DO NOT ACCEPT THE TERMS, YOU SHOULD NOT ACCESS OR OTHERWISE USE THE APPLICATION. THESE TERMS FORM A LEGAL AGREEMENT BETWEEN YOU AND SOS (“AGREEMENT”). THIS AGREEMENT CONTAINS PROVISIONS THAT LIMIT THE LIABILITY OF SOS.
YOU MUST HAVE REACHED THE AGE OF MAJORITY IN YOUR JURISDICTION IN ORDER TO USE THE APPLICATION. IF YOU ARE USING THE APPLICATION ON BEHALF OF ANOTHER PERSON OR A CORPORATE ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH PERSON OR ENTITY TO THESE TERMS AND CONDITIONS. THE TERM “USER”, “YOU” OR “YOUR” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, ACCESSING OR OTHERWISE USING APPLICATION.
It is your responsibility to ensure your device meets all the necessary technical specifications to enable you to access and use the Application. You are granted a personal, non-exclusive and non-transferable license to use the Application on mobile devices you personally own or control pursuant to these Terms. The Application is provided for lawful purposes only and is protected by intellectual property laws and trademark. Modification or use of the Application for any other purpose violates SOS intellectual property rights. The Application is licensed, not sold. Any and all rights in the Application are and shall remain the exclusive property of SOS and/or its licensors, and Resellers. Nothing in these Terms intends to transfer any such rights to, or to vest any such rights in, you. You are only entitled to the limited use of the Application granted to you in these Terms. You will not take any action to jeopardize, limit or interfere with SOS and/or its licensor’s or Reseller’s rights. Any costs associated with accessing and using the Application remain your responsibility. You will not use the Application while sitting in the driver’s seat of a vehicle (or other form of transport) that is moving or otherwise stationary but not in “park”. You must comply with all applicable rules and regulations before and while using the Application. In the interest of safety at all times, you should only use the Application when it is lawful and safe to do so.
You are responsible for maintaining the strict confidentiality of your account details and you are responsible for any activity under your account. You agree to immediately notify SOS of any unauthorized use of your account or password or any other breach of security. You agree and are responsible to provide accurate information when providing your account details and to ensure account details are updated. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and to notify SOS when you desire to cancel your account or unsubscribe from any electronic communications. SOS will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
You may not: decompile, reverse engineer, disassemble, otherwise convert or authorize any third party to decompile, reverse engineer, disassemble or otherwise convert, the Application to a human perceivable form; make copies of the Application; distribute or republish, upload, post or transmit the Application in any way; resell, rent, lease or lend the Application; or transfer the Application or these Terms to any third party. If you download or collect information from the Application or software, including all files, images, contained in or generated by the software, and accompanying data (together, the "Software") are deemed to be licensed to you by SOS, its licensor or Resellers, as applicable.
You are NOT permitted to use the Application to:
SOS and its affiliates will not be liable for any damages or injury caused by the use of, or the inability to use, the Application, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. SOS and its affiliates will not be liable for any damages or injury, including but not limited to, indirect, special, incidental, exemplary or consequential damages that result from the use of, or the inability to use, the Application, even if there is negligence on SOS and its affiliates or whether an authorized SOS representative has been advised of the possibility of such damages, or both. The above limitations or exclusions may not apply to you to the extent that applicable law does allow the limitation(s) or exclusion(s) of liability. SOS total liability to you for all losses, damages, and causes of action (in contract, tort (including without limitation, negligence), or otherwise) will be the lesser of (i) the amount you paid to use the Application, or (ii) if the Application was free, an all-inclusive sum of $50.00 CAD. SOS legal rights to recover damages or other compensation under these Terms are reserved.
You agree that SOS may collect and use technical data about your device, system and application software, and peripherals that is gathered periodically to facilitate the provision of software updates and support related to the Application.
For SOS to better meet your preferences, by using the Application, you agree and provide your consent that SOS and SOS third-party partners may collect, use, and transmit information you provide in using the Application, and other personally identifiable information gathered from your use of the Application or specifically provided by you in your use of the Application through the registration of an account or otherwise (“Personal Information”), to facilitate the improvement and provision of products, offers, promotions, other services or technologies, and advertising content.
Location Information: With your consent, we may collect location information through your use of the Application including location information collected through your mobile phone or device’s geolocation, GPS, Bluetooth, or similar capabilities (“Location Information”). The purpose of collecting Location Information is to identify the user and to effectively utilize Application features. We will only collect Location Information if you opt-in to receiving certain functionality of the Application (either during your initial app login or later) and by enabling these capabilities on your mobile device. Once opted-in, the Application will continue to collect Location Information until you close the Application (it will gather Location Information if it is running in the background) or you use your phone’s or other device’s setting to disable your mobile device’s geolocation, GPS, Bluetooth, or similar capabilities, or you use your phone’s or other device’s setting to prevent the Application from collecting Location Information. SOS considers Location Information to be Personal Information.
Application Use Information: When using the Application, information about how you are interacting and using the Application may be collected automatically (“Application Use Information”). To the extent that Application Use Information identifies you as an individual, SOS will consider it to be Personal Information.
Personal Information, Location Information, Application Use Information (collectively referred to as “Authorized Information”) is used for such purposes as enhancing our Application’s functionality or features, responding to your requests and communications, improving our services or products, providing you with information about changes and announcements regarding our Application.
SOS may share Authorized Information with our affiliates, agents, business partners, Resellers and other third parties in the following ways:
SOS may disclose Authorized Information about when and how you use the Application.
SOS may disclose Authorized Information to perform certain business-related services and SOS will only provide the Authorized Information necessary for the business-related services to be completed.
SOS may disclose Authorized Information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend our rights or property, (iii) act in urgent circumstances to protect the personal safety of users of the Application or the public, or (iv) protect against legal liability.
SOS may store any information that we collect in databases owned and maintained by us, our affiliates, suppliers, agents or service providers. Such databases are stored in Canada. By using the Application, you consent to the storage and transfer of your Authorized Information and any other information in the manner outlined above.
You can also restrict the Personal Information we collect by doing such things as logging out of the Application or turning off or preventing the Application from using your mobile device’s geolocation, Bluetooth, or similar capabilities. However, taking these actions may prevent you from using certain features or aspects of the Application.
The Application may contain references, links or interactions with other websites and or web applications not operated or controlled by us (“Third Party Sites”). The policies and procedures we describe here do not apply to Third Party Sites, and these sites may independently collect information about you. SOS assumes no responsibility or liability for the privacy and information collection policies of these third parties and we suggest contacting the providers of those sites directly for information on their privacy policies.
If you register for an account using the Application, you will have an opportunity to opt-in to receive email and text communications from SOS that will provide you with notifications, status updates, changes and announcements (“Email and Text Communications”). In the event that you wish to opt-out from receiving Email and Text Communications from SOS, you can press the “unsubscribe” link located in any SOS email or text communication and follow prompts.
Unless described otherwise, the Application is made available only to provide SOS information and services. SOS controls and operates this Application and makes no representation that these materials are appropriate or available for use in other locations outside of Canada. If you use this Application from other locations, you are responsible for compliance with applicable local laws. Some software from this Application may be subject to export controls imposed by Canada and/or the United States and may not be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of any country to which Canada or the U.S. has placed an embargo. If you use the Application, you represent and warrant that you are not located in, or under the control of, or a national or any such country or on any such list.
For residents of Canada, these Terms and use of the Application are governed by the laws of the Province of British Columbia and the laws of Canada, and in respect of any conflict arising out of these Terms, the parties hereby irrevocably attorn to the jurisdiction of the courts of the Province of British Columbia located in Vancouver, British Columbia.
THE APPLICATION MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. SOS MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. THE APPLICATION AND ANY MATERIALS THEREIN ARE PROVIDED "AS IS", ON AN “AS AVAILABLE BASIS”, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. SOS DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. SOS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APPLICATION OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOSDOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE APPLICATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. SOS DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE APPLICATION. YOU (AND NOT SOS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE APPLICATION AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST SOS FOR DISSATISFACTION WITH THE APPLICATION OR ANY CONTENT IS TO STOP USING THE APPLICATION OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The Application may contain downloadable materials as well as links to external third-party sites. SOS is not responsible for, and has no control over, the content of such downloadable materials or external sites. You understand and agree that SOS cannot and does not guarantee or warrant that files or software of any kind, or from any source, available for downloading through this Application, will be free of infection or viruses, worms, Trojan Horses or other code or defects that manifest contaminating or destructive properties.
SOS may terminate, at its sole discretion, these Terms at any time for any reason without notice to you by decommissioning the Application. You may terminate these Terms at any time for any reason without notice to SOS by logging out of the Application from any device.
SOS may revise these Terms at any time and at its sole discretion by changing these Terms within the Application. It is your responsibility to check these Terms periodically for changes. By continuing to access or use of the Application following such changes to the Terms will constitute acceptance of such changes.
The trademarks, logos and artwork used within the Application include the registered and unregistered trademarks and copyright of SOS and its affiliates. The following trademarks used herein are owned by SOS and its affiliates.
All other trademarks used within the Application are the properties of their respective owners.
These Terms including any supplements and updates is the entire agreement between the parties relating to the use of the Application.