Terms of Use

Last Updated on:

March 10, 2018

  1. Introduction
    1. This terms of use (the “Terms”) is a legal agreement between Deskree Inc. (“Deskree”, “we” or “us”) and the person (“you”, “your” or “user”) who created an account on or accessed our website at www.deskree.com to receive services provided by us (the “Service”). By using the Service you agree to be bound by these Terms and the documents referred to in them. If you do not agree with or accept any of these Terms, you should cease using the Service immediately.
    2. These Terms include our Privacy Policy which shall be subject to these Terms in the event of any conflict or inconsistency. These Terms may also be supplemented or replaced by additional terms (“Additional Terms”) which will be accessible by you for your acceptance before you place an order. Additional Terms shall prevail to the extent that there is any conflict or inconsistency with any other of these Terms.
    3. This Site is intended for and directed to individuals over the age of 13 years.
  2. Restrictions on Use

    As a condition of your use of the Service, you agree:

    1. not to use the Service for any purpose that is unlawful under applicable law, or prohibited by these Terms;
    2. not to infringe any third-party right;
    3. not to defame or disparage anybody or make comments of an obscene, derogatory or offensive manner or otherwise use the Service in a way that brings us or any third party into disrepute or causes us to be liable to any third party;
    4. not to use the Service in a false or misleading manner;
    5. not to reverse engineer, decompile, copy, modify, distribute, transmit, license, sublicense, display, revise, perform, transfer, sell or otherwise make available to any third party or otherwise publish, deep-link, create derivative works from or exploit in any way the Service or its Content except as permitted by us under these Terms or as expressly provided under applicable law and/or under any Additional Terms;
    6. not to impose an unreasonable load on our infrastructure or interfere with the proper working of the Service; use any robot, spider, scraper or other automated means to access the Service and collect Content for any purpose without our express written permission; or use the Service to distribute viruses or malware or other similar harmful software code;
    7. not to harvest or otherwise collect information about others, including email addresses, without their consent;
    8. not to bypass measures used to prevent or restrict access to the Service;
    9. not to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing; and
    10. that you are solely responsible for all costs and expenses you may incur in relation to your use of the Service and shall be solely responsible for keeping your password and other account details confidential.
  3. We reserve the right to prevent or suspend your access to the Service if you do not comply with any part of these Terms or any applicable law.

  4. Ownership, use and intellectual property rights
    1. The Service and all intellectual property rights in the Service are owned by us and/or our licensors. We and our licensors reserve all our intellectual property rights (which include without limitation all copyright, trade-marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world.
    2. Nothing in these Terms grants you any rights in the Service other than as necessary to enable you to access and use the Service in accordance with these Terms.
    3. If you are using the Service for business purposes, you hereby grant us a non-exclusive transferable license to use, reproduce, publish and display the business’ name, trade name, logo and trademarks on our website and other marketing material to publicize that the business is a Deskree client.
    4. The use or misuse of any of our trade-marks or trade-marks of third parties on the Service except as provided in these Terms is strictly prohibited. Nothing contained on the Service shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any trade-mark without our prior written permission.
  5. Content
    1. You may use the Service to upload or post information, data, files, video, images, text and other content (the "Content") to the Service and to third-party sites and services. You represent and warrant that any Content you upload or post is and shall be your own original work and has been lawfully provided to us and that you have all necessary consents to provide it to us.
    2. Content which you have uploaded or posted to the Service remains your property and we claim no intellectual property rights over your Content. However, by uploading or posting Content, you are sharing the Content with users who have access to your project.
    3. We do not and are under no obligation to review or pre-screen Content submitted by you or other users. However, we reserve the right to review or pre-screen any Content uploaded or posted to the Service and to remove Content which violates these Terms, any law or that is otherwise harmful or offensive.
    4. We shall not be responsible or liable for any Content uploaded or posted to the Site nor for any error, omission, infringement, defamatory statement, obscenity, or inaccuracy contained in any such information.
  6. Payments, Refunds and Cancellations
    1. All subscription fees currently include all applicable taxes. In case it changes in the future, we will update our Terms of Use to reflect that. In these circumstances you agree to pay the applicable taxes based on where you are primarily resident.
    2. If you were offered a free trial period, you will be charged your monthly subscription fee upon the expiration of the trial period. If you cancel prior to the expiration of the trial period, you will not be charged.
    3. You will be charged for your subscription monthly, on the first date of your monthly billing cycle and, thereafter, on the same date of each subsequent month. If the date does not occur in a particular month, you will be charged on the last date of the month. All charges are final and non-refundable.
    4. If you upgrade or downgrade your subscription during a monthly billing cycle, the updated balance will be reflected in your next bill based on the status of subscription on the the date of billing. No refunds or credits will be issued for periods unused with an active subscription.
    5. The amount charged on the next billing cycle will be automatically updated to reflect any changes to the subscription, including upgrades or downgrades. Subscription changes, including downgrades, may result in loss of access to Content or features.
    6. If you cancel during a monthly billing cycle, you will not still be able to use the service until the end of the monthly billing cycle..
    7. All prices are subject to change upon notice. Such notice may be provided by an e-mail message to you or in the form of an announcement on the Service.
  7. Availability of the Service
    1. While we make commercially reasonable efforts to ensure that the Service is available, we do not represent, warrant or guarantee in any way the Service’s continued availability at all times or uninterrupted use by you of the Service.
    2. Any reliance you may place on the Service is at your own risk and we may suspend or terminate operation of the Service at any time at our sole discretion. Nothing in these Terms shall operate to prejudice any mandatory statutory requirement or your statutory rights.
  8. Links and Integrations
    1. The Service may contain links or references to third party websites. Any such links or references are provided for your convenience only. We have no control over third party websites and accept no responsibility for any content, material or information contained in them. The display of any links and reference to any third party website does not constitute an endorsement of such third party's website, products or services. Your use of a third party site may be governed by the terms of that third party site.
    2. We may provide the ability to integrate the Service with third party products and services that you may use at your option and risk. Access to and use of any third party products and services are subject to the separate terms and conditions required by the providers of the third party products and services. You agree that we have no liability arising from your use of any integrations or arising from the third party products and services. We can modify or cancel the integrations at any time without notice.
  9. Warranties and limitation of liability
    1. You agree that your use of the Service is on an “as available” basis. As stated above, except as otherwise expressly required by applicable law, we make no representations, warranties, conditions or other terms (whether express or implied) in relation to the provision of the Service.
    2. To the maximum extent permitted by applicable law, we exclude all liability (whether arising in contract, tort, breach of statutory duty or otherwise) which we may otherwise have to you as a result of any error or inaccuracies in any content on the Service, the unavailability of the Service for any reason, and any representation or statement made on the Service.
    3. We will not be liable for any loss, injury, claim, liability or damage of any kind arising out of or in connection with your use of the Service.
    4. If, notwithstanding the previous provision, we are found liable to you, under no circumstances shall our aggregate liability to you for any and all claims arising from your use of the Service exceed the greater of the total amounts you paid to us in the 6 months prior to the action giving rise to liability, and (b) One Hundred Canadian Dollars ($100.00 CAD).
    5. Any exclusions and limitations of liability in these Terms shall be subject to the Additional Terms in respect of matters covered by those Additional Terms and as otherwise required by law.
  10. Indemnification
    1. You agree at all times to indemnify, defend and hold us harmless and our agents, suppliers, affiliates and their respective officers, directors, employees and agents against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by us directly or indirectly in respect of your use of the Service; any alleged violation by you of these Terms; or any alleged violation of any applicable law or regulation.
  11. General
    1. These Terms are dated as of the “Last Updated” date set out above. We reserve the right to vary these Terms from time to time. We will notify you by posting the updated Terms on the Service and revising the “Last Updated” date above. By continuing to use and access the Service following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.
    2. Unless otherwise expressly stated in these Terms, all notices from you to us must be in writing and sent to our email address at [email protected] and all notices from us to you will be sent to you by e-mail or displayed on the Service from to time.
    3. If any part of these Terms is unenforceable (including any provision in which we exclude or limit our liability to you) the enforceability of any other part of these Terms will not be affected. If we choose not to enforce any right that we have against you at any time, then this does not prevent us from later deciding to exercise or enforce that right.
    4. These Terms (together with the Privacy Policy and any applicable Additional Terms contain the entire understanding and agreement between us and you in relation to your use of the Service and supersede and replace any representation, statement or other communication (whether written or otherwise) made by you or us which is not contained herein.
    5. You may not assign, sub-license or otherwise transfer any of your rights and obligations in these Terms to any other person.
    6. These Terms shall be construed in accordance with and governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein.