Conditions of Use
Conditions of Use
This Conditions of Use Agreement (this “Agreement”) constitutes a legally binding contract between Onlia Holding Inc. (“Onlia”, “We”, “Us” or “Our”) and You with respect to Your use of the website: “www.onlia.ca”(the “Onlia Website”), the blog contained on the Onlia Website (the “Blog”) the content, information, and services provided through them and our social media channels (collectively, the “Services”). It is important that You carefully read and understand the terms and conditions of this Agreement.
This Agreement does not apply to any subdomain of the Onlia Website that is owned and/or operated by or on behalf of any third party and/or an affiliate or related company of Onlia even if we provide a link to such subdomain on the Onlia Website. The subdomains that are currently owned by third party affiliated companies are (i) www.onliasense.ca (the “OSI Website”) and (ii) www.onlia.ca/insurance (the “MGA Website”). Please refer to the respective subdomain for a copy of the Conditions of Use applicable to each of them.
YOU WILL BE DEEMED TO HAVE AGREED TO THIS AGREEMENT THROUGH YOUR USE (TO ANY EXTENT) OF THE SERVICES AND HYPERLINKING TO OR USE OF THE ONLIA WEBSITE.
Be advised that this Agreement contains disclaimers of warranties and limitations on liability that may be applicable to You.
The Onlia Website
This Agreement applies to all users of the Onlia Website, including users who contribute content to the Onlia Website, the Blog and/or visit the Onlia Website or our social media channels (“User(s)”, “You” or “Your(s)”). Any time You have the ability to post content and comment on any of Our Services, the use of these features is additionally governed by the Code of Conduct.
The information provided on the Onlia Website and the Blog is for informational purposes only. It is not intended as a substitute for professional legal, insurance or financial advice. If you require legal, insurance or financial advice, it is your responsibility to obtain such from a licensed service professional.
You also agree to the terms and conditions of Our Privacy Notice, which details the ways in which We may use personal information that belongs to you.
Content and Feedback
As part of Your use of the Services, Users may voluntarily participate in certain posting activities, rating activities, and/or other public communications and forums. You acknowledge and agree that any postings, messages, text, photos, audio/visual works, information, suggestions, feedback, reviews, ratings, or content provided by You on the public portion of the Services (collectively, “Content”) may be viewed by the general public. Such Content will not be treated as private, proprietary, or confidential, and You hereby authorize Us and Our affiliates, licensees, and sub-licensees, without compensation to You or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display, publicly perform, or otherwise use or benefit from such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be worldwide, royalty-free, perpetual, and irrevocable. Further, to the extent permitted under applicable law, You waive and release and covenant not to assert any moral rights that You may have in any Content posted or provided by You.
By posting or providing any Content on the Services, You represent and warrant to Onlia that You own or have the right to use and permit Us to use and license such Content in the manner stated in this Agreement.
We welcome and encourage Your comments, ideas, suggestions and feedback (collectively, “Feedback”), and You acknowledge and agree that we are free to use the Feedback You submit without any restriction or compensation to You.
All Services including, without limitation, the Blog, message boards or activities, as well as any information provided on, by, or through the Services or as part of or in connection with the Services or otherwise, including but not limited to data, text, graphics, designs, logos, images, audio/visual materials, links, and references, are provided for personal use only. Without Our written consent, no information or any other Onlia materials or property may be copied, reproduced, displayed, republished, downloaded, posted, digitized, translated, modified, transmitted, distributed, or commercially exploited in any way, except as expressly permitted herein.
Acceptable Use Policy
You agree not to use the Services to take any action or actions or to post any Content that (i) is contrary to the Onlia public image, goodwill, or reputation, (ii) modifies, adapts, sub-licenses, translates, sells, reverse engineers, decompiles, or disassembles any portion of the Services, (iii) removes any copyright, trademark, or other proprietary rights or notices contained in or on the Services, (iv) interferes with or disrupts any Services or equipment with the intent of causing an excessive or disproportionate load on the infrastructure of Onlia or its licensors or suppliers, and (v) violates any applicable law, statute, ordinance, or regulation, or encourages any conduct that could constitute a criminal offense or give rise to civil liability.
Improper use of the Services may result in termination of Your access to and use of the Services, and/or civil or criminal liabilities.
Code of Conduct
- You may not use the Services for any illegal or unauthorized purpose. In addition to the laws applicable in the Province of Ontario, Canada, you also agree to comply with all local laws that apply to your use of the Services.
- By way of example, and not as a limitation, you agree that when using the Services, you will not:
- post or upload any inappropriate, promotional, defamatory, destructive, obscene, or unlawful User Content;
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- post or upload any User Content that infringes any patent, trademark, copyright, trade secret or other intellectual property right of any party;
- impersonate another person, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of any content;
- use the Services in connection with surveys, contests, junk email, spamming or any duplicative messages (commercial or otherwise);
- use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Services to collect information about other users or domain and sub-domain names;
- upload files that contain coding, viruses or other harmful components or any other similar software or programs that may damage the operation of the computer or property of another; or
- submit any User Content that falsely expresses or implies that such User Content is sponsored or endorsed by any party.
- While Onlia prohibits such conduct and User Content in connection with the Services, you understand and agree that nonetheless you may be exposed to such conduct or User Content and that you use the Services at your own risk.
- Onlia reserves the right to monitor use of the Services to determine compliance with this Agreement and remove any User Content without notice for breach or for any other reason.
You agree that We may send You communications (via e-mail or through the Services) regarding Your use of the Services, and certain features or applications of the Services You may find interesting.
Ownership and Trademarks
The Services, including all trademarks, logos, and service marks displayed on the Services, are owned and operated by Onlia and its licensors, and the information and services (and any intellectual property and other rights relating thereto) are and will remain the property of Onlia and its licensors. The Services are protected by Canadian and international copyright, trademark, and other laws. You acknowledge that these rights are valid and enforceable. The Services may be used solely (a) to the extent permitted in this Agreement or (b) as expressly authorized in writing by Us, Our third-party partners, licensors or suppliers.
The Services are provided “as is” and “with all faults” and without warranties of any kind and any warranties that the Services are current and/or up-to-date are hereby expressly disclaimed to the fullest extent permissible under applicable law.
THERE IS NO WARRANTY, REPRESENTATION, OR GUARANTEE THAT THE SERVICES, OR YOUR USE OF THE SERVICES, WILL BE UNINTERRUPTED, COMPLETE, ACCURATE, CURRENT, RELIABLE, ERROR-FREE, SECURE, OR THAT ANY PROBLEMS WILL BE CORRECTED, OR THAT THE SERVICES, OR ANY INFORMATION, SOFTWARE, OR OTHER MATERIAL ACCESSIBLE FROM THE SERVICES, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES AND YOUR RELIANCE THEREON.
ONLIA MAKES NO WARRANTY, REPRESENTATION, OR GUARANTEE WITH RESPECT TO PRODUCTS AND SERVICES OFFERED BY THIRD PARTIES, AND WE SPECIFICALLY DISCLAIM ANY WARRANTY WITH RESPECT TO THE CONDUCT OF ANY THIRD PARTY IN CONNECTION WITH SUCH OFFERS OR SALES.
Limitation of Liability
Neither Onlia nor any of its licensors, sponsors, agents, successors, or assigns, nor Our or their directors, officers, employees, consultants, or other representatives (the “Onlia Parties”), are responsible or liable for any indirect, incidental, consequential, special, exemplary, punitive, or other damages (including without limitation any loss of profits, lost savings, or loss of data) or liabilities under any contract, negligence, strict liability, or other theory arising out of or relating in any manner to the Services and/or any linked website, whether or not we have been informed of the possibility of such damages or liabilities. Your sole remedy with respect to the Services or any linked website is to stop using the Services, or linked website.
IF AN ONLIA PARTY IS FOUND TO BE LIABLE TO YOU FOR ANY REASON, YOU AGREE THAT THE MAXIMUM, AGGREGATE LIABILITY OF ANY ONLIA PARTY TO YOU, AND YOUR EXCLUSIVE REMEDY UNDER ANY THEORY OR FOR ANY CAUSE WHATSOEVER (INCLUDING BUT NOT LIMITED TO ANY TOTAL OR PARTIAL FAILURE OR DISRUPTION OF THE SERVICE PROVIDED HEREUNDER, FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, OR PRODUCTS LIABILITY), SHALL NOT EXCEED THE AMOUNT OF TEN DOLLARS ($10.00 CAD). YOU ACKNOWLEDGE AND AGREE THAT NONE OF THE ONLIA PARTIES WOULD HAVE AGREED TO PROVIDE THE SERVICES TO YOU WITHOUT YOUR AGREEMENT TO THIS LIMITATION.
YOU AGREE NOT TO MAKE, AND TO WAIVE TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIM FOR DAMAGES OTHER THAN DIRECT, COMPENSATORY DAMAGES AS LIMITED ABOVE.
You agree to fully indemnify, defend, and hold the Onlia Parties harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and other expenses that arise directly or indirectly out of or from: (a) Your breach of this Agreement, including but not limited to the Acceptable Use Policy in Section 5 and the Code of Conduct in Section 6 herewith; (b) any allegation that any materials You submit to Us or transmit to the Services infringe or otherwise violate the copyright, patent, trademark, trade-secret, or other intellectual property or other rights of any third party; (c) Your activities in connection with the Services or other websites to which the Services are linked; and/or (d) Your negligence or willful misconduct.
If You have a dispute with one or more other Users of the Services, You agree to release the Onlia Parties from any and all claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. In entering into this release, You expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims that You may know or suspect to exist in Your favour at the time of agreeing to this release.
These Conditions of Use shall be governed and construed in accordance with the laws of the Province of Ontario, and the laws of Canada applicable therein, without giving effect to any principles of conflicts of law. You irrevocably attorn to the exclusive jurisdiction of the courts in the Province of Ontario.
Changes to this Agreement
We reserve the right, at any time, with or without cause to:
- change the terms and conditions of this Agreement;
- change the Services, including eliminating or discontinuing any feature of the Services; or
- deny or terminate Your use of and/or access to the Services.
Any changes we make will be effective immediately upon Our notice to You, which may be given through any means, including but not limited to; being made available through the Services, such as posted on Our Website or through any other form of electronic notification.
You agree that Your continued use of the Services after such changes constitutes Your acceptance of such changes. Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement.
This Agreement (including the Privacy Notice and any other document or policy incorporated herein) is the entire agreement between You and Us regarding the Services.
You affirm that you are either more than 13 years of age, or possess parental or guardian consent to agree to these Terms and access and use the Services, and are otherwise fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
You acknowledge that the Services are not available in the French language.
Storage of Data and Third Party
Please note that Onlia uses third party vendors and hosting partners located in Canada and outside Canada to provide the necessary software, networking, cloud storage, and related technology required to provide the Services. For additional information on how these service providers collect, use, disclose or store personal information on Onlia’s behalf, please refer to our Privacy Notice or contact Our Privacy Officer.
Onlia Holdings Inc.
351 King St. E, Suite 801
Toronto, ON M5A 1L1
Effective date: June 8, 2018