Terms & conditions
THIS WEBSITE (this “Site”) IS PROVIDED BY THE OMEGA FOUNDATION CARRYING ON BUSINESS AS SMARTSAVER (“SmartSAVER”) FOR USE BY YOU CONDITIONAL ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THE TERMS AND CONDITIONS OF USE OF THIS SITE SET FORTH BELOW (these "Terms and Conditions").
BY ACCESSING OR OTHERWISE USING: (I) ANY VISIBLE TEXT, DATA, NUMBERS, TABLES, GRAPHICS, IMAGES, APPLICATIONS, SOFTWARE AND/OR ANY OTHER SIMILAR MATERIAL (“Visible Materials”); OR (II) ANY UNDERLYING HYPERTEXT MARKUP LANGUAGE OR OTHER CODE OR PROGRAMMED INSTRUCTIONS NOT NORMALLY VISIBLE TO YOU (“Non-Visible Materials”) FROM THIS SITE (collectively, the “Materials”), YOU AGREE TO ACCEPT AND ABIDE BY THESE TERMS AND CONDITIONS.
Changes to these Terms and Conditions
SmartSAVER may at any time in its sole discretion add to, remove, modify or otherwise change any part of these Terms and Conditions, in whole or in part, at any time. Changes will be effective when the Terms and Conditions as changed are posted at this Site. Your access or other use of this Site or Materials after any such changes are posted will be considered acceptance of such changes. Any change to these Terms and Conditions that is not posted to this Site is not valid unless it is in writing and signed by SmartSAVER.
Changes to this Site
SmartSAVER may at any time in its sole discretion terminate, remove, change, suspend, restrict, limit, or discontinue any aspect of this Site (including the availability of any features or services) and any of the Materials.
Permitted and Prohibited Uses
Subject to these Terms and Conditions, SmartSAVER grants you a non-exclusive, non-transferable, limited right to access, use and view this Site and the Visible Materials thereon solely for personal, non-commercial use; provided, however, that you agree neither to nor allow others to, directly or indirectly: (i) print, download or otherwise save to any storage device (other than temporary storage for caching performed automatically by the software used to access this Site) or fix in any medium, any of the Non-Visible Materials whatsoever; (ii) modify or attempt to modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; (iii) transfer the Materials to any other person without the written consent of SmartSAVER; (iv) use this Site in any manner which could damage, disable, overburden or impair this Site; (v) interfere with the security of, or otherwise abuse, this Site, or any services, system resources, accounts, servers or networks connected to or accessible through this Site or affiliated or linked sites; (vi) disrupt or interfere with any other person's use or enjoyment of this Site or affiliated or linked sites; (vii) upload, post or otherwise transmit on this Site any computer viruses, Trojan horses, worms or other harmful, disruptive or destructive files or computer programs; (viii) use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Site or the Materials in whole or in part; (ix) use or attempt to use another's account, password, service, system or other information without prior written authorization from SmartSAVER, or create or use a false identity or other incorrect information on this Site; (x) transmit on, to or from this Site spam, chain letters, junk mail or any other type of unsolicited mass e-mail; or (xi) attempt to obtain unauthorized access to this Site or portions of this Site which are restricted from general access. In addition, you agree that you are solely responsible for all of your acts and omissions in the course of your usage of this Site and the Materials.
This Site, including all Materials, and the copyright thereto, is owned by SmartSAVER, its suppliers and collaborators. Certain Materials, applications or processes on this Site may also be either the subject of patents owned by SmartSAVER, its suppliers and collaborators or the subject of proprietary trade secrets or confidential information of SmartSAVER, its suppliers and collaborators. You agree to comply with all copyright and other intellectual property laws worldwide in your use of this Site including the Materials and to prevent any unauthorized copying of the Materials. You have no rights in or to the Materials and you may not use any Materials other than as permitted under these Terms and Conditions.
All trade names, company names, trademarks, service marks and other product and service names and logos on this Site or in the Materials (“Trademarks”) are the proprietary trademarks of their respective owners and are protected by law. The Trademarks may not be copied, imitated or used, in whole or in part, without the prior written consent of their respective owners.
You hereby assign ownership of, and to the extent necessary, shall assign ownership of, any and all copyright or similar rights to any material uploaded or otherwise transmitted by you to the Site, including but not limited to visible text, data, numbers, tables, graphics, images, applications, software and/or any other material (including, without limitation, any underlying hypertext markup language or other code or programmed instructions) to SmartSAVER, effective upon initiation of such an upload or transmission, and further agree to waive all moral rights thereto.
Links to and from Third Party Sites
Certain links on this Site may take you to other websites. SmartSAVER provides these links only as a convenience. These linked sites are not necessarily under the control of SmartSAVER. If you use these sites, you will leave this Site. If you decide to visit any linked site, you do so solely at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements.
SmartSAVER is not responsible for the contents of any such linked page. SmartSAVER makes no condition, representation or warranty regarding, and does not endorse, any linked websites, the information appearing thereon or any of the products or services described thereon, or the linked third party sources. Links do not imply that SmartSAVER sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of SmartSAVER.
Any link to this Site shall be removed upon request by SmartSAVER.
Disclaimers of Warranties and Conditions
YOU ACKNOWLEDGE THAT ANY ACCESS OR USE OF OR RELIANCE ON THIS SITE (INCLUDING SERVICES AND PRODUCTS ON, OR RELATED TO, THIS SITE) AND ANY MATERIALS SHALL BE AT YOUR SOLE RISK. THIS SITE (INCLUDING SERVICES AND PRODUCTS ON, OR RELATED TO, THIS SITE) AND THE MATERIALS ARE PROVIDED STRICTLY ON AN “AS IS”/"AS AVAILABLE" BASIS WITHOUT ANY CONDITIONS, REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, AND, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SMARTSAVER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE AT LAW, OR FROM A COURSE OF DEALING OR USE OF TRADE. SMARTSAVER DOES NOT WARRANT THAT THIS SITE (INCLUDING SERVICES AND PRODUCTS ON, OR RELATED TO, THIS SITE) WILL CONTINUE TO OPERATE, OPERATE WITHOUT INTERRUPTIONS OR THAT IT WILL BE ERROR-FREE. SMARTSAVER DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, AVAILABILITY OR TIMELINES OF THE SITE (INCLUDING SERVICES AND PRODUCTS ON, OR RELATED TO, THIS SITE) OR THE MATERIALS.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF IMPLIED WARRANTIES AND CONDITIONS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU. THE DISCLAIMERS SHALL APPLY TO YOU TO THE EXTENT PERMITTED BY APPLICABLE LAWS.
Exclusions of Liability
IN NO EVENT SHALL SMARTSAVER OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, SUPPLIERS, PARTNERS OR COLLABORATORS (collectively, the "SmartSAVER Group") BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, RELIANCE, SPECIAL, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR HARM TO PERSONAL AFFAIRS (INCLUDING FINANCES), LOST PROFITS, LOST SAVINGS, LOST REVENUES, LOSS OF OPPORTUNITY, ECONOMICAL LOSSES, AND LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA) ARISING FROM OR IN CONNECTION WITH THE USE OF OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THIS SITE (INCLUDING SERVICES AND PRODUCTS ON, OR RELATED TO, THIS SITE), THE MATERIALS OR ANY LINKED WEBSITE, WHETHER OR NOT ANY MEMBER OF THE SMARTSAVER GROUP HAS BEEN ADVISED OF OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OF DAMAGES AS PROVIDED ABOVE. IF THESE LAWS APPLY TO YOU, SOME OF THE EXCLUSIONS REFERRED TO ABOVE MAY NOT APPLY TO YOU. THE EXCLUSIONS SHALL APPLY TO YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS.
The exclusions of liability and disclaimers herein contained apply regardless of the form of action, whether in contract, warranty, delict, quasi-delict, strict liability, negligence, or otherwise.
Choice of Law
You are solely responsible for compliance with all local law regarding your access or use of this Site and the Materials. You shall not export any of the Materials in violation of any applicable export laws and regulations. These Terms and Conditions shall be deemed to have been made and performed exclusively in Ontario and shall be governed by and construed under the laws of Ontario and the laws of Canada applicable therein without giving effect to its conflict of laws principles. You hereby submit to the exclusive jurisdiction of the courts in Ontario for any claim related hereto, arising here from or in connection herewith and agree not to bring any action, claim, suit or proceeding against any member of the SmartSAVER Group in any jurisdiction other than Ontario . The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and Conditions.
Any legal proceeding arising from or in connection with these Terms and Conditions, this Site or the Materials must be brought within one (1) year after the event, which is the subject of the proceeding, has occurred. If any portion of this Agreement is found to be invalid or unenforceable, the remaining portions shall remain in effect. This Agreement may be assigned by SmartSAVER. This Agreement shall enure to the benefit of and be binding upon SmartSAVER and its successors and assigns, and upon you and your successors, heirs, administrators, executors, legal personal representatives and permitted assigns.