Terms of Use

We provide services available at our Web site (https://officio.ca), Officio portal (https://secure.officio.ca), and Officio Studio (https://learn.officio.ca) (the “Sites”) to you (“you” or “User”).

By using the Sites, the services available on the Sites, and any service, software, application, plug-in, component, functionality, or program created by Uniques Software Corp. (together, the "Services"), you are agreeing to the following terms and conditions. These terms and conditions, along with any other policies or guidelines posted on the Sites, shall govern your use of the Sites and the Services, whether directly or through a third-party site. Please read them carefully before using the Sites or the Services. Should you have any questions concerning this Agreement, please contact legal@officio.ca.

By visiting the Sites and/or by completing the registration process for the Services, you represent and warrant that you have read, understand, have the legal capacity to, and hereby agree to be legally bound by these terms and conditions.

A. YOUR REGISTRATION OBLIGATIONS

To obtain and use the Services, you will be required to register to the Sites by completing a registration form and designating a user ID and password. When registering to the Sites you agree to: (1) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being the “Registration Data”) and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

You may not authorize any third party to access or use the Services on your behalf. You are responsible for maintaining the confidentiality of the user ID and password, and are fully responsible for all activities that occur under your user ID or password. You agree to immediately notify legal@officio.ca of any unauthorized use of your user ID or password or any other breach of security. We cannot and will not be liable for any loss or damage arising from any unauthorized use of your account.

B. CONSENT TO ELECTRONIC COMMUNICATIONS AND SOLICITATION

By registering to the Sites, you understand that we may send you communications or data regarding the Services, including but not limited to: (1) notices about your use of the Services, including any notices concerning violations of use, (2) updates, and (3) promotional information and materials regarding the Sites’ products and services, via electronic mail. We give you the opportunity to unsubscribe/opt-out of receiving electronic mail from us by following the unsubscribe/opt-out instructions provided in the message.

C. USER CONDUCT/ACCEPTABLE USE POLICY

Unauthorized use of the Sites, or the resale of said Service without our prior written consent, is expressly prohibited. You shall not copy, sell, transfer, distribute, publish, or assign your license to our Services in any format to any third party. In addition, you may not use the Services in any way that violates applicable federal, provincial, or international law, or any regulatory requirements, or for any unlawful purpose. Further, you may not use the Services to send, receive, or download messages or materials that are inappropriate or violate the intellectual property rights of the Sites or others.

To the extent that the Services provide Users an opportunity to store and exchange information, materials, data, forms, and files (“User Content”), you hereby represent and warrant that you have all necessary rights in and to all User Content you provide and all information contained therein. You continue to retain all ownership rights in any User Content you provide and shall remain solely responsible for your conduct, your User Content, and any material or information transmitted to other Users for interaction with other Users. Uniques Software Corp. does not claim any ownership rights in any User Content. User Content posted by Users is not reviewed by Uniques Software Corp.

Uniques Software Corp. reserves the right, without limitation, to terminate your access to and use of the Sites and Services if, in our view, your conduct fails to meet any of the following guidelines for User conduct:

  1. You may not attempt to harm, disrupt, or otherwise engage in activity that diminishes the Sites, computer systems and network, or the Services.

  2. You may not attempt to interfere with any other person’s use of the Services.

  3. You may not misrepresent your identity or impersonate any person.

  4. You may not attempt to gain access to any account, computers or networks related to the Services without authorization.

  5. You may not attempt to obtain any data through any means from the Services, except if we intend to provide or make it available to you.

  6. You may not attempt to charge others to use the Services either directly or indirectly.

  7. You may not use the Services to participate in pyramid schemes or chain letters.

  8. You may not use the Services to send, either directly or indirectly, any unsolicited bulk email or communications or unsolicited email communications.

  9. You may not use the Services for defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights of others.

  10. You may not use the Services to send or otherwise make available, any material protected by intellectual property laws unless you own or control the rights to such material or have received all necessary consents.

  11. You may not use the Services to send or otherwise make available any material that contains viruses, Trojan horses, worms, corrupted files, or any other similar software that may damage the operation of another’s computer or property.

  12. You may not use the Services to download any material sent by another User of the Services that you know, or reasonably should know, cannot be legally distributed in such manner.

  13. You may not use the Services to violate any code of conduct or other guidelines which may be applicable to the Services or the Sites.

  14. You may not attempt to modify, translate, adapt, edit, copy, decompile, disassemble, or reverse engineer any software used or provided by Uniques Software Corp. in connection with the Services.

  15. You may not use the Services in a manner that results in excessive bandwidth usage, as determined by a representative of Uniques Software Corp. Use of the Services on the Sites as well as use of the Services on any desktop application will be applied toward such bandwidth usage.

All judgments concerning the applicability of these guidelines shall be at the sole and exclusive discretion of Uniques Software Corp. Uniques Software Corp. reserves the right, in its sole discretion, to determine whether and what action to take in response to each such notification, and any action or inaction in a particular instance shall not dictate or limit Uniques Software Corp.’s response to a future complaint. You acknowledge and agree that Uniques Software Corp. shall not assume or have any liability for any action or inaction by Uniques Software Corp. with respect to any User Content. Users shall remain solely responsible for User Content, and any material or information transmitted to other Users or non-Users.

D. INTELLECTUAL PROPERTY RIGHTS AND NOTICES

Except for the licenses granted herein, you have no right, title or interest in or to the Sites, Services or any content. You agree that Uniques Software Corp. and/or its licensors retain all proprietary right, title and interest, including copyright and all other intellectual property rights, in and to the Sites, Services and content, including, without limitation, text, images, and other multimedia data.

All contents of the Sites and Services including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement (“Content”) are: Copyright © 1996-2023, and/or the proprietary property of its suppliers, affiliates, or licensors. Content may not be reproduced, modified, derivative works created from, displayed, performed, published, distributed, disseminated, broadcasted or circulated to any third party (including, without limitation, the display and distribution of Content via a third-party Web site or other networked computer environment) without the express prior written consent of Uniques Software Corp. and/or its suppliers, affiliates, or licensors. All rights reserved.

The domains officio.ca, learn.officio.ca, and the Officio and Officio Studio logos are, including without limitation, either trademarks, service marks or registered trademarks of Uniques Software Corp., and may not be copied, imitated, or used, in whole or in part, without Uniques Software Corp.’s prior written permission or that of our suppliers or licensors. Other product and company names may be trade or service marks of their respective owners.

Uniques Software Corp. may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in its Sites that are part of the Services. Unless we have granted you licenses to our intellectual property in these terms and conditions, our providing you with such Web pages does not give you any license to our intellectual property. Any rights not expressly granted herein are reserved.

E. SECURITY

We encrypt the data that you store on the Sites using the AES-256 standard. Uniques Software Corp. uses Aptum.com for data storage. You can find more information about Aptum.com’s security at: https://aptum.com/services/managed-private-cloud/compliance/https://aptum.com/knowledge-center/enterprise-data-security/.

Aptum.com employs significant protection against network security issues such as Distributed Denial of Service (DDoS) attacks, Man in the Middle (MITM) attacks, and packet sniffing. Your data is sent between your browser and our servers over a secure channel using 256-bit SSL (Secure Sockets Layer) encryption, the standard for secure Internet network connections.

Aptum.com keeps redundant backups of all data over multiple locations to prevent the remote possibility of data loss.

F. PRIVACY

Uniques Software Corp. has established a Privacy Policy to explain to Users how their information is collected and used, which you can read on our Sites. Your use of the Services signifies acknowledgement of and agreement to the Privacy Policy.

G. WARRANTIES

Your satisfaction is very important to us. While best efforts have been made to develop and maintain the Sites, by becoming a User you, the customer, acknowledge that you forfeit the right to hold Uniques Software Corp. accountable for any and all technical errors, including loss of user files (Customer Data). Uniques Software Corp. provides you with facilities to download a backup of your files on a regular-basis and encourages you to use this service.

The Sites are provided by Uniques Software Corp. on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Uniques Software Corp. makes no representations or warranties of any kind, express or implied, regarding the use or the results of the Sites in terms of their correctness, accuracy, reliability, or otherwise. Uniques Software Corp. shall have no liability for any interruptions in the use of the Sites. Uniques Software Corp. disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement.

H. LIMITATIONS OF LIABILITY

IN NO EVENT WILL ANY UNIQUES SOFTWARE CORP. PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS CONTRACT OR YOUR USE OF THE SOFTWARE OR SERVICES, EVEN IF SUCH UNIQUES SOFTWARE CORP. PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS SECTION IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE SERVICES, DISAGREE WITH ANY PART OF THIS CONTRACT, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY UNIQUES SOFTWARE CORP. PARTY WITH RESPECT TO THIS CONTRACT OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. 

In the event that, notwithstanding the foregoing disclaimers and indemnification, the Sites is found responsible to any User for any reason whatsoever, the Sites’ responsibility shall be limited to the one-month subscription actually paid by such User for the Services, and shall not include punitive damages or consequential or resulting damages of any nature.

I. INDEMNIFICATION

You agree to indemnify, defend and hold harmless, Uniques Software Corp., its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third-party providers, to and from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this agreement by you. Uniques Software Corp. reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Uniques Software Corp. in asserting any available defences.

J. TERMINATION OF SERVICE

You may terminate your User account upon written notice to Uniques Software Corp. at least two (2) business days before your next billing date. Upon receipt of your cancellation, Uniques Software Corp. will confirm your cancellation request by email. If you do not receive such email from Uniques Software Corp. it means your initial request has not been received. Upon termination by Uniques Software Corp. or at your direction, you may request a backup of your data, which Uniques Software Corp. will make available to you.  A charge of $250 will be applied to provide a backup to monthly subscribers. The backup fee is waived for annual subscribers. You must make such request at the notification of termination to receive such file within thirty (30) days of termination. Otherwise, ANY DATA YOU HAVE STORED ON UNIQUES SOFTWARE CORP.’S SYSTEMS MAY NOT BE RETRIEVED, and Uniques Software Corp. shall have no obligation to maintain any data stored in your account or to forward any data to you or any third party.

K. PAYMENT OF FEES AND AUTOMATIC RENEWAL

The fees applicable for Services are available on Sites and as published within the Services. Uniques Software Corp. reserves the right to change the fees or applicable charges and to institute new charges at any time, upon thirty (30) days prior notice to you (which may be sent by email to the address you have most recently provided us).

Whether monthly, yearly, or otherwise, Uniques Software Corp. will automatically renew the Services for the same term and will charge the User's credit card or PayPal account on the first day of the renewal term.

If payment is not received by the end of the given 60-day time period, the User's account will be frozen, inaccessible, and all shared links will be turned off until all outstanding payments have been processed by Uniques Software Corp. Users retain the responsibility for settling all outstanding balances in a timely manner and maintaining updated billing information. If not complied with, at the end of 90 days, the User's account will be deactivated and all files will no longer be retrievable.

L. REFUND OF CHARGES

All Services are prepaid for the period selected (monthly, yearly or otherwise) and are NON-REFUNDABLE. This includes accounts that are terminated prematurely in accordance with section J.

M. CHANGES

These Terms of Use may be amended from time to time. The User’s continued work with the Sites and Services following any such amendments will be deemed to be confirmation that the User accepts those amendments. Reasonable efforts will be made by Uniques Software Corp. to inform the User of any such changes.

N. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES

These Terms of Use shall be governed by and construed in accordance with the laws of the Province of British Columbia. Please note that your use of the Services may be subject to other local, provincial, national, and international laws and associated regulatory requirements. You expressly agree that exclusive jurisdiction for any claim or dispute with Uniques Software Corp. or relating in any way to your use of the Services resides in the courts of British Columbia and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of British Columbia in connection with any such dispute including any claim involving Uniques Software Corp. or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.

O. NOTICES TO UNIQUES SOFTWARE CORP.

Any legal notices to Uniques Software Corp. may be emailed to legal@officio.ca.

P. OTHER TERMS

If any part of these terms and conditions are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue in effect. A printed version of these terms and conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms and conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.

If you have any questions about this policy, please contact Uniques Software Corp. at legal@officio.ca.