Website Terms and Conditions of Use

Terms

By accessing this Website, accessible from https://oYoS.ca/, you are agreeing to be bound by these Website Terms and Conditions of Use and agree that you are responsible for the agreement with any applicable local laws. If you disagree with any of these terms, you are prohibited from accessing this site. The materials contained in this Website are protected by copyright and trademark law.

Customer hereby Orders from One You One Spot / oYoS (hereinafter – the “Supplier”), for a creation of a digital business card (hereinafter – the “Service”) for the terms in the Order form (hereinafter – the “service terms”) against the fees provided on the Order form, are all subject to the terms set out below, which are the agreed terms between the parties.

Definitions

“oYoS” – Means we are referring to us, One You One Spot
“Service” – creation of a digital business card
“Delivery/Delivered” – Means the delivery of the card via email / or text message supplied by you.

SERVICES

Access. We grant you a non-exclusive, non-transferable, revocable, limited right to access and use our Services for your own personal networking purposes. The extent of your right of access and use may be subject to (i) your creation of an account within the Service; and (ii) the extent to which you subscribe for premium features within the Service.
You agree that you will not copy, attempt to reverse engineer, modify, translate, or disassemble our Services in whole or in part. You may not use or export or re-export our Services except as permitted under the lay of the United States and Canada and the laws of the jurisdiction in which our Services were obtained.
Updates to the Services. We may update, change, or remove the features of functionality of the Services from time to time with or without notice to you, which means that services will evolve as time goes on.
Public Profiles. IMPORTANT: You understand and agree that a key function of the Service is making your contact information available through a “digital business card”, which is a dedicated URL containing the contact and other information that you wish to share and which you can have changed by sending us a “info change request”. You understand and agree that any personal information you make available on your digital business card within the Services will be published at a publicly accessible and searchable URL. This includes individuals that receive the URL by scanning your QR Code (whether intentionally or inadvertently), as well as any third party with which the individual may share your URL, and any third party who otherwise becomes aware of such URL (whether through an internet search or otherwise). You further understand and agree that your digital business card works by sharing a link to your public profile URL, and that your digital business card is not a private means of sharing your contact information.

ACCOUNT REGISTRATION

Account. In order to become a registered user of our Services, you will be asked to create an account using your email address through the Services. The email address you provide will be how you access your oYoS Account.
Your Responsibilities. You agree to provide true, current, complete, and accurate information as requested, and to update that information as soon as possible after any information on such registration changes. You alone are responsible for keeping your Account login information and associated passwords confidential, and for any and all of your Account activity. Therefor, you should protect your password and make your password secure and difficult for others to guess. You agree to immediately notify us of any unauthorized use of your Account or any other breach of security via support@oYoS.ca. You are solely responsible for any actions under your Account due to your acts or omissions. Furthermore, you are responsible for keeping your online account password, or PIN, confidential.
Account Owner. Our Services allow individuals to purchase a subscription to multiple digital business cards. The individual that purchased the multiple subscriptions is the owner of the Account. The Owner controls the multiple subscriptions, and in some cases, we understand that the Account Owner may have an individual looking after the account. It is IMPORTANT that we have note of that in your account of whom that individual is, along with their email address; otherwise that individual will not be able to make requests for changes on any of your subscriptions.

FEES AND PAYMENT TERMS

Scope. Users can purchase subscription packages and register an account for the use of our Services through our Website. All purchases are subject to the terms in this Section 3.
Billing Information. If you make a Purchase, you are required to provide valid credit card information or other acceptable payment information (collectively known as “Billing Information”), which will be provided to oYoS’s third party payment processor and used to charge any fees. You shall promptly advise oYoS if your Billing Information changes due to loss, theft, cancellation, expiry, or otherwise, and you shall be liable for any failure to pay fees caused by out-of-date Billing Information.
Payment and Term. By subscribing to the Services through a Purchase (a “Subscription”), you agree to our annual Subscription term of twelve (12) months, or such other term as specified at the time of Purchase. Upon the expiration of the Term, your subscription will automatically renew for an additional twelve (12) months, or other renewal term specified, unless cancelled at least two (2) business days before your next billing date.
Failed Payment(s). If, for whatever reason, failure to renew your subscription on your specified term. We will keep your digital business card for a maximum of seven (7) business days after your specified Term date expired. We will also attempt to contact you and notify you that there was a failed payment.
Payment Method. Subscription fees are billed on a yearly basis at the beginning of each Subscription period and are refundable after 7 days. Please note that our fees are subject to change. You hereby agree that all payments will be processed using oYoS’s Payment Processor and that all such payments will be governed by the Payment Processor’s terms and conditions published by the Payment Processor. By making a Purchase, you authorize oYoS to charge your Billing Information in accordance with these Terms.
Fees. You agree to pay the applicable fees presented to you at the time of your Purchase. The Fees may be subject to applicable taxes which you will be responsible for paying. oYoS will only offer a refund after seven (7) days if, for whatever reason you are not satisfied with our Services. After the seven (7) days, no refunds will be made for the use of our Service.

RESPONSIBILITY AND INDEMNITY

Responsibility. The Account Owner will assume sole and full responsibility and liability for all financial and legal risks and implications resulting from the use of the Services. Any images submitted to us for your digital business card, must have the correct usage rights and/or be owned by you. If we receive a compliant about any images or false information regarding your provided information. We will ask you to verify that you have the correct usages rights and/or owned by you, along with your provided information.
Indemnify. The Account Owner shall indemnify, defend, and hold harmless oYoS, from and against all costs, damages, losses and expenses, including reasonable attorneys’ fees and other legal expenses, arising from a third-party claim due to or arising out of any use of the Service or any other issue related to the above. oYoS shall make reasonable efforts to notify the Account Owner of any such claim made against them. If the Account Owner fails to defend against the claim, then oYoS may defend themselves in any manner that we deem appropriate, and the Account Owner agree to bear all our costs, including reasonable attorneys’ fees, that oYoS incur in effecting such defence in addition to any sum that oYoS may be required to pay by reason of any settlement or judgment against us. The provisions of this Section, and the indemnity hereunder, shall survive these terms and any performance hereunder.
Service “as-is”. The Services are provided on an “as-is” basis with warranty. oYoS does not guarantee that it shall work perfectly, or that it will be available at all times, nor that malfunctions, disturbance, interruption, loss of information, shutdowns will not occur. We will do our best to notify all customers if there is planned site maintenance or server maintenance.
Risk. The entire risk, arising out of the use of the Service, is solely the Account Owner. In no event shall oYoS or any of our employees, managers, agents, affiliates be liable for any consequential, incidental, direct, indirect, special, punitive, or other damages whatsoever. Including, without limitation, damages for loss of business profits, business interruption, loss of information, or other pecuniary loss arising out of these Terms or the use of the Service or inability to use any part of our Service, or in connection with it, whether based on contract, tort, negligence, strict liability or otherwise even if oYoS has been advised of the possibility of such damages.
Technological Systems. The Account Owner is aware that their digital business card is affected by the operation of many different technological systems, most of which are not under the control of oYoS, and that the digital business card connectivity may suffer from wireless interruptions and failure of the relevant cellular providers and mobile devices. In addition, the Account Owner is aware that the end user devices can be configured so that they cannot receive any connectivity to the internet at all.
Maintenance. oYoS may temporarily go into maintenance or upgrades without any obligation to compensate the customer.

USER CONDUCT

Conduct. You agree to abide by all applicable federal, provincial, territorial, and other laws and regulations when using our Services. In addition, without limiting the foregoing, you agree not to:
- upload, post, email, or otherwise transmit any material (“User Content”) to the Services that: constitutes unsolicited or unauthorized advertising, promotional, materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation; infringes any patent, trade-mark, trade secret, copyright, publicity, or other proprietary or privacy rights of any party; is misleading, contains sexually explicit content, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, racially, ethnically or otherwise objectionable; or contains any form of destructive software such as a virus, worm, or any other harmful components or any other computer file, program or code, designed to interrupt, destroy or limit functionality of any computer or mobile device software, hardware or telecommunications equipment;
- register under a false identity, impersonate any person or entity, including, but not limited to, an oYoS employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- harvest or otherwise collect or store any information (including personal information) about other users of our Services, including email addresses, without the express consent of such users;
- use any robot, spider, scraper, or other automated means to access our Services or Website and collect User Content for any purpose without our express written permission;
- for the purpose of misleading others, create a false identity of the sender or the origin of a message, forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through our Services;
- attempt to gain unauthorized access to our Services, other computer systems or networks connected to our Services, through password mining or any other means;
- take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or third-party providers’) infrastructure;
- interfere with or disrupt networks or servers connected to our Services;
- use, download, or otherwise copy, or provide to any person or entity our Services’ user directory or other user or usage information or any portion thereof, other than in the context of your use of our Services;
- register for more than one (1) Account or use any other measures in an attempt to mislead oYoS or our users, or otherwise take advantage of our Services;
- facilitate or encourage any of the above conduct.
User Content. We reserve the right to pre-screen, edit, limit, or remove any such User Content in our sole discretion, without further notice to you. In the event that you have linked User Content to your Account from a third-party platform that oYoS does not have the authority to edit, limit, or remove, oYoS reserves the right to cancel your Account and Services. Notwithstanding, you shall remain solely responsible for any User Content you submit, link, or post. You may be exposed to User Content that is inaccurate, incomplete, or unsuitable. We will not be responsible for User Content or accuracy of any information and shall not be responsible for any acts taken or decisions made based on such information. Any information you disclose in publics areas of our Services become public information and is immediately accessible to other users, so it is important for you to carefully consider what, if any, personal information you reveal in these areas.
User Content License. You hereby grant to us a limited license to collect and store User Content for the purpose of providing the Services.
Reporting Content. You must use our online reporting tool to tell us about any offensive or otherwise concerning User Content that you may see on our Services to help maintain a positive experience for all users. We may, in our sole discretion, limit or terminate your use of our Services, remove hosted User Content, and take any other technical and/or legal steps to verify that all users of our Services are acting in the spirit of our Terms of Service. Notwithstanding anything in the foregoing, you understand and agree that we do not monitor User Content and that we assume no liability for any User Content whatsoever, including any User Content which may be reported to us using our online reporting tool.

INTELLECTUAL PROPERTY

All text, data, graphics, photographs, images, audio, video, trademarks, service marks, trade names and other information, visual or other digital material, software (including source and object codes) and all other content of any description available through our Services, or available via a link from our Services to a page created by oYoS on another website (collectively, the “Content”), are the sole property of oYoS and/or its licensors. All Content is protected by Canadian and international copyright, trademark, service marks, patents, trade secrets, and other proprietary rights and laws. Use of the Content for any purpose not expressly permitted in our Terms of Service or otherwise consented to by oYoS is prohibited. To obtain written consent, please contact us at support@oYoS.ca.

LINKS TO THIRD-PARTY WEBSITES

We may offer links on our Services to websites and mobile applications owned and operated by third parties. We provide these links as a convenience to our visitors and users. We do not review the content of such third-party services, and neither endorse nor are responsible for, any content, advertising, products, services, or other materials on or available from such third-party services. You assume full responsibility for your use of third-party services. Such services may be governed by terms and conditions different from those applicable to our Services, and we encourage you to review the terms and privacy policies of those third parties before using their services. We may also offer links to content created by us and available on other services. If you link to that content, you are responsible for complying with the terms of use applicable to those services while you are using them.

DISCLAIMER; LIMITATION OF LIABILITY

DISCLAIMER. OUR SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED. WE DO NOT WARRANT THAT THE CONTENT OR USER CONTENT IS ACCURATE, RELIABLE OR CORRECT THAT OUR SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT YOUR ACCESS TO OUR SERVICES WILL BE UNINTERRUPTED; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT OUR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THAT THE SERVICES WILL MEET YOUR NEEDS; OR THAT THE CONTENT IS TIMELY, SECURE OR ERROR-FREE.
TO THE EXTENT LEGALLY PERMITTED WE EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, EXPRESSED OR IMPLIED, INCLUDING THOSE OF QUALITY, MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE. WE ARE NOT LIABLE FOR ANY LOSS, WHETHER OF MONEY (INCLUDING PROFIT), GOODWILL, OR REPUTATION, OR ANY SPECIAL INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF THE oYoS SERVICES, EVEN IF YOU ADVISE US OR WE COULD REASONABLY FORESEE THE POSSIBILITY OF ANY SUCH DAMAGE OCCURRING. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability. NOTWITHSTANDING ANYTHING CONTAINED IN THE PREVIOUS PARAGRAPH, IF WE ARE FOUND TO LIABLE, OUR LIABILITY TO YOU OR ANY THIRD PARTY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY IN TORT, BY STATUTE OR OTHERWISE) IS LIMITED TO $100 CDN. UNDER NO CIRCUMSTANCES SHALL oYoS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR OTHER DAMAGES WHATSOEVER.

MINORS

You must be at least eighteen (18) years old to use our Services. If you are over eighteen (18) years of age but under the age of majority in your province to do so. oYoS reserves the right to confirm such consent at any time and to discontinue your use of our Services should such consent not be granted.

CHOICE OF LAW AND FORUM

Where permitted by law, our Terms of Service are governed by and will be interpreted in accordance with the laws of the Province of British Columbia and of the laws of Canada applicable therein, without regard to any principles of conflicts of law. Where permitted by law, you agree that any action to enforce these Terms of Service may be brought in the courts located in the Province of British Columbia. You further agree to submit to the personal jurisdiction of these courts for the purpose of any proceeding arising out of these Terms of Service, and waive any objections and defence inconsistent with such venue. By using our Services, you represent and warrant that your use complies with applicable law in your jurisdiction of residence.

GENERAL

These Terms of Service constitute the entire agreement between you and us with respect to your use of our Terms and Services. If any provision of these Terms of Service is held to be invalid or unenforceable, such provision will be stricken and the remaining provisions enforced. Notwithstanding any other provisions of these Terms of Service, any provision of thse Terms of Service that imposes or contemplates continuing rights or obligations on you or us will survive the expiration or termination of these Terms of Service, including, without limitation, the indemnification and limitation of liability provisions.

CHANGES AND TERMINATION

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, our Services (or any part thereof) with or without notice. If you wish to terminate your Account with oYoS, you may discontinue using our Services and delete any applications or software you may have downloaded from us. We may amend our Terms of Service by posting revisions through a link on our Website, with no additional notice to you. Your continued access to and use of our Services will constitute acceptance of our amended Terms of Service. If you do not agree with our Terms of Service, or any future amendments, your sole recourse is to cease use of our Services. If you have any questions regarding our Terms of Service, please contact Support@oYoS.ca.

Your Agreement With Our Service

BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ OUR TERMS OF SERVICE, UNDERSTAND THEM AND AGREE TO ALL THE TERMS AND CONDITIONS IN OUR TERMS OF SERVICE.