Last modification: December 1st, 2020
This is an agreement between Ingeniarts Technologies Inc. (“Ingeniarts“, “we” or “us”), owner and operator of the website available at www.ugowork.com and addresses associated therewith (collectively, the “Platform”), and you (“you“), a user of the Platform (“User”).
- Notice of Updated Terms. Unless Ingeniarts makes a change for legal or administrative reasons, Ingeniarts will provide reasonable advanced notice before the Updated Terms become effective. You agree that Ingeniarts may notify you of the Updated Terms by posting them on the Platform.
- Effective Date of Updated Terms. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Platform from that point forward.
- USE OF PLATFORM
- Functionalities. The Platform allows you to view information about Ingeniarts and its products and services, including its UgoWork® systems. If you are an Ingeniarts customer, the Platform also allows you to access certain information about your products and services, their energy consumption, as well as other business information related to your relationship with Ingeniarts.
- User Conduct. You may not engage in any of the following prohibited activities:
- using the Platform for purposes other than the Authorized purposes;
- copying, distributing, or disclosing any part of the Platform in any medium, including by any automated or non-automated web scraping tool or technique;
- using any automated system, including “robots,” “spiders,” and “offline readers”, to access the Platform;
- transmitting, via the Platform, spam, chain letters, or other unsolicited emails;
- attempting to interfere with the servers running the Platform, compromise their system integrity or security, or decipher any transmissions to or from them;
- taking any action that, at our sole discretion, imposes, or may impose, an unreasonable or disproportionately large load on the Platform infrastructure;
- uploading invalid data, viruses, worms, or other malware through the Platform;
- collecting, extracting or harvesting any personally identifiable information, including account names, from the Platform;
- impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
- interfering with the proper working of the Platform;
- accessing any content on the Platform through any technology or means other than those provided or authorized by the Platform;
- bypassing the measures that Ingeniarts may use to prevent or restrict access to the Platform, including features that prevent or restrict use or copying of any content or enforce limitations on the use of the Platform or the content therein; or
- otherwise using the Platform in contravention with any applicable law.
- YOUR ACCOUNT
- Account Creation. Some functionalities of the Platform may require the creation of a User account. If you create an account, you must complete the registration process by providing Ingeniarts with current, complete, and accurate information as prompted by the applicable registration form. You also will choose a unique and safe password and username. In case of a breach of this paragraph 4.1, Ingeniarts may end your right to use the Platform, at its sole discretion.
- Responsibility for Account. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Ingeniarts immediately of any unauthorized use of your account or any other breach of security.
- Account Security. Ingeniarts cannot guarantee that unauthorized third parties will never be able to defeat the Platform’s security measures or use for improper purposes any information which relates to you and allows you to be identified (“Personal Information”) that you provide to us. You acknowledge that you provide your Personal Information at your own risk.
- Liability for Account Misuse. Ingeniarts will not be liable for any loss, including the loss of data associated to your account, that you may incur as a result of someone else using your password or account, either with or without your knowledge. You could be held liable for losses incurred by Ingeniarts or another party due to someone else using your account or password.
- Use of Other Accounts. You may not use anyone else’s account at any time, unless with the permission of the account holder as her or his duly authorised mandatary.
- Account Termination. Ingeniarts reserves its right to delete any account inactive for a period of at least one (1) year, as well as any data associated to such account. However, no data shall be deleted without prior notice to the account holder.
- Account Discontinuation. You may terminate or cancel your account on the Platform for any reason, as your sole discretion and without notice, without liability to Ingeniarts.
- ELECTRONIC COMMUNICATIONS
When you provide Ingeniarts with your email address via the Platform, you expressly consent that Ingeniarts will keep your email address in its databases or that it may use such email address in its mailing list to communicate with you to (i) validate certain information relating to your account, (ii) keep you informed of the status of your account on the Platform, (iii) conduct surveys or verifications relating to the Platform, namely its functionalities, user-friendliness or your appreciation of the Platform, (iv) offer you advantages or promotions offered by Ingeniarts, or (v) any other purpose relating to the Platform or security of Users.
- INTELLECTUAL PROPERTY
- Trademarks. All trademarks (including words, expressions and logos) used by Ingeniarts for the purposes of distinguishing or so as to distinguish its own goods or services advertised or promoted on the Platform from those of others are owned by Ingeniarts. Ingeniarts tradenames and logos are trademarks of Ingeniarts, and may not be used, reproduced or imitated, in whole or in part, without the prior written permission of Ingeniarts.
- Copyright. All original works reproduced or published on the Platform are protected by copyright. The owner of the copyright in each of such works reserve all its rights in it. You acknowledge that it is an infringement of copyright for any person to do, without the consent of the owner of the copyright, anything that, by the applicable copyright statutes, only the owner of the copyright has the right to do.
- Other rights. This Platform or any part thereof may also be protected by industrial designs or patents. Ingeniarts reserves all rights to the Platform not expressly granted. You agree not to engage in the use, copying, or distribution of any of the Platform other than expressly permitted.
- Feedback. Ingeniarts is free to use, profit, disclose, publish, keep secret or otherwise exploit any comments, suggestions or other ideas to improve or otherwise modify the Platform or any other Ingeniarts product or service (“Feedback“), without compensation or attribution to the User or to any person behind this Feedback.
- Documentation. Ingeniarts may, from time to time, provide the User with documentation, online or in any material form, describing the features, operation and use of the Platform (the “Documentation“). The User understands and agrees that he may reproduce and use the Documentation only as necessary to support his use of the Platform.
- USER CONTENT
- Content Ownership. You retain all ownership rights to any images, text, graphics, videos, photos, information or other materials (“Content”) uploaded to the Platform.
- Content License. By submitting Content to the Platform, you grant Ingeniarts a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicenseable, and transferable license to do anything with your Content that by any applicable law you would otherwise have the sole right to do, including the right to authorize anything in respect of such Content, including for both commercial and non-commercial purposes, subject to the Policy.
- Responsibility for Content. You hereby acknowledge and agree that you are solely responsible for all Content that you submit to the Platform. Accordingly, you represent and warrant that (i) you either are the sole and exclusive owner of all Content submitted to the Platform, or you have all rights, licences, permission, consents and release necessary to grant Ingeniarts the rights in such Content, and (ii) neither the Content nor your posting, transmission or submission of your Content or Ingeniarts’ use of your Content infringes or will infringe any third-party rights, including intellectual property rights and image rights, or any law or regulation, whether Canadian or foreign.
- Personal Information. For information about how Ingeniarts could collect, use or disclose Personal Information, please review the Policy.
- Third-Party Content. Through the Platform, you may have the ability to use and/or access Content provided by third parties. Ingeniarts cannot guarantee that such third-party Content will be free of material you may find objectionable or otherwise. Ingeniarts disclaims any responsibility or liability related to your access or use of any third-party Content.
The Platform may contain hyperlinks to external Internet sites that remove you from the Platform (the “External Sites“). You acknowledge and agree that Ingeniarts is not responsible for the availability of these External Sites, nor for the accuracy of the Content, products or services available on these External Sites. Hyperlinks to External Sites do not imply any endorsement or endorsement by Ingeniarts of such External Sites. You acknowledge that you assume all risks arising from your use of the External Sites. By using the Platform, you expressly release Ingeniarts from any liability arising from your use of any External Site.
THE PLATFORM IS PROVIDED TO YOU “AS IS”, WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, Ingeniarts DISCLAIMS ALL SUCH WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, FREEDOM FROM ERRORS, SUITABILITY OF CONTENT, OR AVAILABILITY. Ingeniarts MAY UPDATE THE PLATFORM WITHOUT PRIOR NOTICE TO USERS. WHILE Ingeniarts DOES EVERYTHING IN ITS POWER TO ASSURE THAT THE INFORMATION PRESENTED ON THE PLATFORM IS COMPLETE AND ACCURATE, Ingeniarts CANNOT GUARANTEE THAT SUCH INFORMATION IS FREE FROM ANY ERRORS, OMISSIONS OR INACCURACIES.
- LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME THE ENTIRE RISK ARISING OUT OF YOUR ACCESS OR USE OF THE PLATFORM, INCLUDING LICIT AND ILLICIT USES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Ingeniarts, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, LICENSEES, SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE PLATFORM, INCLUDING ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE PLATFORM, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE.
- Effect of Termination. Upon termination of your access to or ability to use the Platform, your right to use or access the Platform will immediately cease.
- GOVERNING LAW
- CONTACT US
Ingeniarts appreciates your comments, questions and feedback, which may be sent to email@example.com.