End Customer License Agreement ("Agreement")
Please read this End Customer License Agreement carefully before clicking the "I Accept" button, downloading, or using Omnimarketplace.ca.
Interpretation and Definitions
Interpretation
Words whose initial letter is capitalized have meanings defined under the following conditions.
The following definitions shall have the same meaning regardless of whether they appear in the singular or plural.
Definitions
For the purposes of this End Customer License Agreement:
- Agreement means this End Customer License Agreement which constitutes the entire agreement between You and the Company with respect to the use of the Application.
- Application means the software program provided by the Company, accessible directly from a web browser and designed to offer a native app-like experience on any compatible device. This solution, called Islagrande.com, does not require downloading from an app store and can be optionally installed from a browser for faster access.
- The Company (referred to in this Agreement as either "the company", "we", "us" or "our") refers to www.omnimarketplace.ca
- Content refers to content such as text, images, or other information that you may post, upload, link to, or otherwise make available, regardless of the form of that content.
- Country refers to: Canada.
- Device means any device that can access the Application, such as a computer, mobile phone, or digital tablet.
- Family Sharing allows you to share access to the Progressive app, delivered through the browser, with other family members, allowing them to use and access the app from their compatible devices without downloading from an app store.
- Third Party Services means any services or content (including data, information, applications and other product services) provided by a third party that may be displayed, included or made available through the Application.
- You means the individual accessing or using the Application or the company or other legal entity on behalf of which such individual accesses or uses the Application, as applicable.
Acknowledgment
By clicking the "I Accept" button, downloading, or using the Application, you agree to be bound by the terms and conditions of this Agreement. If you do not agree to the terms of this Agreement, do not click the "I Accept" button, download, or use the Application.
This Agreement is a legal document between you and the Company and governs your use of the Application made available to you by the Company. Therefore, the Company is solely responsible for the Application and its content.
Since other Customers may access and use the Application through you, for example, through Family Sharing/Family Group or volume purchases, such Customers' use of the Application is expressly subject to this Agreement.
The Company licenses the Application to you, but does not sell it, except for your use strictly in accordance with the terms of this Agreement.
License
Scope of the License
The Company grants you a revocable, non-exclusive, non-transferable, limited license to download, install, and use the Application, strictly in accordance with the terms of this Agreement.
You may only use the Application on a Device that you own or control.
The license the Company grants you is solely for your personal, non-commercial purposes, strictly in accordance with the terms of this Agreement.
License Restrictions
You agree not to, and will not allow others to:
- License, sell, rent, lease, assign, distribute, transmit, host, subcontract, disclose or otherwise commercially exploit the Application or make the Application available to any third party.
- Copiar o utilizar la Aplicación para cualquier propósito distinto al permitido en la sección anterior “Licencia”.
- Modificar, realizar trabajos derivados de desensamblar, descifrar, realizar compilación o ingeniería inversas de cualquier parte de la Aplicación.
- Eliminar, alterar u ocultar cualquier aviso de propiedad (incluido cualquier aviso de derechos de autor o marca registrada) de la Compañía o sus afiliados, socios, proveedores o licenciantes de la Aplicación.
Content
Content Restrictions
The Company is not responsible for the entries, information, or content of Application Clients. You expressly understand and agree that you are solely responsible for the Content and all activity that occurs under your account, whether conducted by you or any third party using your account.
You may not transmit any Content that is unlawful, offensive, disruptive, intended to cause disgust, threatening, libelous, defamatory, obscene, or otherwise objectionable.
Examples of such objectionable Content include, but are not limited to, the following:
- Illegal activity or activity that promotes illegal activities.
- Defamatory, discriminatory, or mean-spirited content, including references or comments about religion, race, sexual orientation, gender, national/ethnic origin, or other specific groups.
- Spam, whether machine-generated or randomly generated, that constitutes unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
- Contain or install any virus, worm, malware, Trojan horse, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third party.
- Infringir cualquier derecho de propiedad de cualquier parte, incluidas patentes, marcas registradas, secretos comerciales, derechos de autor, derecho de publicidad u otros derechos.
- Impersonate any person or entity, including the Company and its employees or representatives.
- Violate the privacy of any third party.
- False information and characteristics.
The Company reserves the right, but not the obligation, in its sole discretion, to determine whether any Content is appropriate and complies with this Agreement, and to reject or remove any Content. The Company further reserves the right to make modifications and changes to the format and form of any Content. The Company may also limit or revoke your use of the Application if you post such objectionable Content.
As the Company cannot control all content posted by Customers and/or third parties on the Application, you agree to use the Application at your own risk. You understand that by using the Application, you may be exposed to content that you may find offensive, indecent, inaccurate, or objectionable, and you agree that the Company will not be liable in any way for any content, including any errors or omissions, or any loss or damage of any kind incurred as a result of the use of any content.
Intellectual Property
The Application, including, but not limited to, all copyrights, patents, trademarks, trade secrets, and other intellectual property rights, are and shall remain the sole and exclusive property of the Company.
The Company shall not be obligated to indemnify or defend you with respect to any third-party claims arising from or related to the Application. To the extent the Company is required to provide indemnification by applicable law, it shall be solely responsible for the investigation, defense, settlement, and discharge of any claim that the Application or your use of it infringes the intellectual property rights of any third party.
Your Suggestions
Any feedback, comments, ideas, improvements, or suggestions you provide to the Company regarding the Application will remain the sole and exclusive property of the Company.
The Company will be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any manner without any credit or compensation to you.
Modifications to the Application
The Company reserves the right to modify, suspend, or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without prior notice and without liability to you.
Application Updates
The Company may, from time to time, provide improvements or enhancements to the features/functionality of the Application, which may include patches, bug fixes, updates, enhancements, and other modifications.
Updates may modify or remove certain features and/or functionalities of the Application. You agree that the Company is under no obligation to (i) provide Updates, or (ii) continue to provide or enable particular features and/or functionalities of the Application.
You further agree that all updates or any other modifications (i) will be considered an integral part of the Application and (ii) will be subject to the terms and conditions of this Agreement.
Servicios de terceros
La Aplicación puede mostrar, incluir o poner a disposición contenido de terceros (incluidos datos, información, aplicaciones y otros productos y servicios) o proporcionar enlaces a sitios web o servicios de terceros.
Usted reconoce y acepta que la Compañía no será responsable de ningún Servicio de terceros, incluidos su precisión, integridad, puntualidad, validez, cumplimiento de derechos de autor, legalidad, decencia, calidad o cualquier otro aspecto de estos. La Compañía no asume ni tendrá ninguna responsabilidad ante Usted o cualquier otra persona o entidad por los Servicios de terceros.
Debe cumplir con los Términos y condiciones de terceros aplicables al utilizar la Aplicación. Los Servicios de terceros y los enlaces a estos se proporcionan únicamente para su conveniencia y Usted accede a ellos y los utiliza completamente bajo su propio riesgo y sujeto a los Términos y condiciones de dichos terceros.
Privacy Policy
The Company collects, stores, maintains, and shares information about you in accordance with our Privacy Policy:www.omnimarketplace.ca.
By accepting this Agreement, you acknowledge that you accept and agree to the terms and conditions of our Privacy Policy.
Term and Termination
This Agreement will remain in effect until terminated by either You or the Company. The Company may, in its sole discretion, at any time and for any reason or no reason at all, suspend or terminate this Agreement with or without notice.
This Agreement will terminate immediately, without prior notice from the Company, if You fail to comply with any of its provisions. It may also terminate this Agreement by deleting the Application and all copies thereof from Your Device or computer.
Upon termination of this Agreement, You must stop using the Application and delete all copies of the Application from Your Device.
Termination of this Agreement will not limit any of the Company's rights or remedies at law or in equity in the event of a breach by You (during the term of this Agreement) of any of Your obligations under this Agreement.
Indemnification
You agree to indemnify and hold harmless the Company and its parents, subsidiaries, affiliates, officers, employees, agents, partners, and licensors (if any) from any claim or demand, including reasonable attorneys' fees, due to or arising from your: (a) use of the Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any third-party rights.
No Warranties
The Application is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects, without warranty of any kind. To the maximum extent permitted by applicable law, the Company, on its own behalf and on behalf of its affiliates and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and warranties that may arise from course of dealing, course of performance, usage, or trade practice. Without limiting the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet performance or reliability standards, or be error-free, or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the Company's suppliers make any representations or warranties of any kind, express or implied:
(i) As to the operation or availability of the Application, or the information, content, materials, or products included therein; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or timeliness of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or emails sent from or on behalf of the Company are free of viruses, scripts, Trojan horses, worms, malware, timebombs, or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. However, in such a case, the exclusions and limitations set forth in this Section 11 will be applied to the greatest extent possible under applicable law. To the extent that any warranty exists under law that cannot be disclaimed, the Company is solely responsible for that warranty.
Limitation of Liability
Notwithstanding any damages that You may incur, the entire liability of the Company and any of its suppliers under any provision of this Agreement and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You for or through the Application.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages of any kind (including, but not limited to, damages for loss of profits, loss of data or other information, business interruption, personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if the Company or any supplier has been advised of the possibility of such damages, and even if the remedy fails of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Severability and Waiver
Severability
If any provision of this Agreement is held to be unenforceable or invalid, that provision will be changed and interpreted to accomplish the objectives of that provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement will not affect a party's ability to exercise that right or require such performance at any time thereafter, nor will the waiver of a breach constitute a waiver of any subsequent breach.
Product Claims
The Company makes no warranties of any kind regarding the Application. In the event that you have any claims arising from or related to your use of the Application, the Company is responsible for addressing such claims, which may include, but are not limited to: (i) any product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) any claims arising from consumer protection or similar legislation.
Changes to this Agreement
The Company reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will provide you with at least 30 days' notice before the new terms take effect. What constitutes a material change will be determined at the Company's sole discretion.
By continuing to access or use the Application after the revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Application.
Governing Law
The applicable law is the law of Canada, as well as any applicable Canadian regulations and laws.
Entire Agreement
This Agreement constitutes the entire agreement between you and the Company regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between you and the Company.
You may be subject to additional terms and conditions that apply when you use or purchase services from another Company, which the Company will provide to you at the time of such use or purchase.
Contact Us
If you have any questions about this Agreement, you can contact us:
By email: ayuda@omnimarketplace.ca
On our website: www.omnimarketplace.ca