Terms of Use
Effective upon: April 26, 2024
Last updated: April 26, 2024
Biltsome Limited (“Biltsome” or “us”, “we”, “our”) has implemented these Terms of Use to govern your use of the website https://onesafe.co (the “Website”), and any related software, applications, tools, communications, webpages, and any information and content relating to the foregoing, including without limitation, HTML, software, code, data, forms, text, notifications, documents, images, photographs, videos, icons, and designs (collectively, the “Content”).
You acknowledge and agree that, by accessing or using the Website or the Content, you indicate that you have read, understood, and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, then you have no right to access or use the Website or the Content. If these Terms of Use are being entered into by a corporation or other legal entity, you represent that, as an authorized representative of the corporation or other legal entity, you have the authority to enter into these Terms of Use to bind such entity, its affiliates, and its users, to these Terms of Use, in which case the terms “you” or “your” refer to such persons as well as you.
The Website and the Content are not intended for use by minors (being individuals who are not of legal age in the jurisdiction in which they reside). If you are a minor, you should only use the Website and the Content with the permission and under the supervision of a parent or guardian.
Privacy Policies
Our privacy policy is available at https://onesafe.co/privacy-policy. Your access to and/or use of the Website and the Content is subject to the privacy policy. You acknowledge that you have read such privacy policy, and you hereby consent to the collection, use, and disclosure of your personal information for the purposes therein identified. You also grant us permission to anonymize or combine your personal information, if any, with that of others in a way that does not identify you or any individual personally for any business reason in our sole discretion, including without limitation to improve the Website or the Content.
Information and Profile
If you opt to use the Website or any of the Content, you agree to provide accurate, current and complete personal information about yourself as required, and to promptly correct, update, or complete this personal information as required. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain and update your personal information including but not limited to your failure to receive any information with respect to the Website or any of the Content.
You agree and authorize us to take any necessary steps to verify the personal information you provide. If there are reasonable grounds to suspect any or all the information you provide is inaccurate, not current, or incomplete, we reserve the right to suspend or terminate your current and future access to and use of the Website and the Content.
You agree that we may rely on the information you provide to send you information and notices regarding the Website and/or the Content. If you register for any of our mailing lists, you agree that we may email you newsletters and promotional material. You may unsubscribe from the newsletters and other promotional material by following the unsubscribe link contained in such emails.
If you create an account or profile (a “Profile”) on the Website:
you are solely responsible for your Profile, including without limitation the confidentiality and security of your Profile and all passwords related to your Profile, and any and all activities that occur under your Profile, including all activities of any persons who gain access to your Profile with or without your permission; and
you agree to immediately notify us of any unauthorized use of your Profile or any other breach of security with respect to your Profile, and you agree to provide assistance to us, as requested, to remedy any breach of security related to your Profile.
Access
Certain areas of the Website or the Content (including without limitation any areas reserved for those who have created a Profile on the Website) may be restricted from access by you at any time, for any reason, without notice to you, in our sole and absolute discretion.
Conduct
You must comply with all applicable laws and regulations, and take all other required and appropriate actions in connection with your use of the Website and the Content.
You agree not to do any of the following:
use the Website or the Content for any illegal purpose in violation of any applicable municipal, provincial, territorial, federal or international law;
use the Website or the Content in a way that could harm, damage, or disrupt the Website, the Content, our goods/services, or our business;
use the Website or the Content in a way that would adversely impact use of the Website or the Content by other users;
message, submit, upload, request, deliver, provide, or transmit any text, graphics, images, messages, information or other material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of privacy; (ii) violates or constitutes any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is unlawful, abusive, tortious, pornographic, libelous, defamatory, obscene, pornographic, hateful, vulgar, offensive or racially or ethnically objectionable; (iv) promotes discrimination, exploitation, bigotry, racism, hatred, harassment or harm against any individual or group; (v) is violent, abusive, or threatening, or promotes violence, harassment, or actions that are threatening to any living thing; or (vi) promotes illegal or harmful activities or substances;
collect, use, disclose, or store personal information about any other individuals without their consent;
upload or otherwise disseminate any computer viruses, malware, or software that may damage the property of another;
reverse engineer, or attempt to reverse engineer or disassemble any Content;
use the Website or the Content for any commercial, advertising, or marketing purpose, or in any manner not permitted by these Terms of Use;
violate the security of the Website through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network;
violate any applicable law or regulation or any person’s legal rights; or
encourage or enable any other individual or other person to do any of the foregoing.
You are responsible for the content you provide on the Website or the Content.
We reserve the right to delete or remove any content that may breach these Terms of Use, and to remove, suspend, or block any user or Profile that engages in any breach of applicable law or these Terms of Use.
Intellectual Property
The Website, the Content, and any portion thereof, are protected by copyright, trademark, trade secret and other proprietary and intellectual property rights and laws. Such laws may be violated by unauthorized access and/or use of the Website or the Content. Users of the Website or the Content are solely responsible for ensuring that they comply with any applicable intellectual property laws, including without limitation copyright, trademark, and patent laws. We do not grant any license or other authorization to you under or to any of our trademarks or other copyrightable material or other intellectual property, unless we otherwise expressly agree in writing. Except as expressly provided in these Terms of Use, the Website and the Content may not be copied, reproduced, distributed, posted, downloaded, displayed, presented, transmitted, republished, modified, or otherwise exploited or used in any form or by any means without our prior express written consent.
For information about obtaining consent to use any Content, please contact us at operations@onesafe.co.
The content you provide on the Website or the Content must be your own, or authorized by the third party owner of that content, and must not infringe on or violate any third party’s rights. By sharing content on the Website or the Content, including without limitation by posting text, images, or videos to the Website (as applicable), you agree that you are the author of that content, or that you have the express right to post it to the Website, and you agree to waive and release all moral rights that may exist in that content, and you grant us the non-exclusive, worldwide, irrevocable, royalty-free, sub-licensable right to use, host, reproduce, adapt, publish, translate and distribute it in any and all media.
Names, words, logos, designs, graphics, titles, phrases, trademarks and the like displayed on the Website or in the Content may constitute our registered or unregistered trademarks, or that of third parties that have granted us a license to use such marks.
For information about obtaining consent to use such trademarks, contact us at operations@onesafe.co.
Feedback
We may provide you with a mechanism to provide feedback, suggestions and ideas, if you choose, about our Website and Content (“Feedback”). You agree that we may, in our sole discretion, use the Feedback you provide to us in any way, including in future modifications of the Website, the Content, and/or advertising and promotional materials relating thereto. You hereby grant to us a perpetual, worldwide, fully transferable, irrevocable, royalty-free license to use, reproduce, modify, create material enhancements or improvements from, distribute and display the Feedback in any manner and for any purpose.
Disclaimer
Your use of the Website and the Content is at your own risk. The Website and the Content are provided “as is”, without representations, warranties or conditions of any kind, whether express or implied. Without limiting the generality of the foregoing, all third-party goods or services, including without limitation any open source software, are provided “as is”.
We do not make, and/or hereby disclaim, any representation, warranty, or condition of any kind, express or implied, statutory or otherwise, regarding the Website and the Content (including without limitation any third party goods or services) including without limitation: (i) any representation or warranty regarding the legality, use, non-infringement or other non-violations of rights, accuracy, currency, reliability, completeness, efficacy, timeliness, applicability, performance, security, or availability of the Website or the Content, or the results from use of the Website or the Content; (ii) any representation, warranty or condition regarding the merchantability and fitness for a particular purpose or use; or (iii) any representation or warranty that the operation of the Website and the Content (including without limitation third party goods or services) will achieve any intended result, be uninterrupted or error free, be free from viruses or other harmful components, or that defects or errors will be corrected.
We are not responsible for the privacy practices of any third parties. Additionally, unless otherwise expressly stated, nothing contained on the Website or the Content shall be construed as providing advice to you, whether safety or otherwise, and we are not responsible for your or your employer’s or third parties’ safety practices.
Limitation of Liability
Under no circumstances shall we (including our affiliates, officers, directors, employees, contractors, agents, and successors) be liable to you or to any third party for any indirect, general, special, consequential, incidental, compensatory (whether expectation or consequential), liquidated, pecuniary, punitive, aggravated, or nominal damages or losses, or any other damages or losses of any kind whatsoever, including without limitation damages relating to negligence; telecommunication failures; Website maintenance; internet delays or limitations; errors, mistakes, or omissions or inaccuracies in the Content; loss; corruption; security or theft of data; viruses; spyware; lost revenue or profits; lost or damaged data; worksite safety procedures or issues; or economic loss; regardless of the cause of action, arising directly or indirectly from the Website or the Content, including without limitation the access or use of, or the inability to access or use, any or all of the Website or the Content. Notwithstanding anything to the contrary contained herein, our liability to you for any direct damages arising from or related to these Terms of Use (for any cause whatsoever and regardless of the form of action) will at all times be limited to one hundred Canadian dollars ($100.00). The foregoing limitations shall apply to the fullest extent permitted by law in the applicable jurisdiction.
Indemnity
By accessing and/or using the Website or the Content, you agree to indemnify and defend us and our affiliates, and their respective officers, directors, employees, contractors, agents, and successors from and against any liabilities, costs, demands, causes of action, damages and expenses (including reasonable legal fees and disbursements) that may arise from your use of the Website or the Content, or those that are in any way related to your breach of any of the provisions of these Terms of Use.
Dispute Resolution
You agree to endeavour to resolve any dispute, claim or controversy arising out of or relating to these Terms of Use, or the Website or the Content, by negotiations; however, if a dispute is not resolved by negotiation within twenty (20) days of commencing negotiations, the dispute shall be submitted to arbitration by a single independent arbitrator who is acceptable to both you and us and whose expenses will be shared equally by you and us. If we cannot agree on an arbitrator, the ADR Institute of Canada will appoint an arbitrator. The determination of the arbitrator will be conclusive, final and binding on you and us. The Arbitration Act (Alberta) or successor legislation will apply to the arbitration. Notwithstanding the foregoing, each party shall retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other proprietary or intellectual property rights.
Termination
We may terminate these Terms of Use, including any licenses contained or granted herein, at any time. Upon termination, you must cease to access and/or use the Website and the Content. This includes, without limitation, the obligation to destroy all content, and all related documentation and all copies thereof, which you obtained from the Website and the Content, whether under these Terms of Use or otherwise, and the obligation to take any additional or alternative reasonable steps that we may direct in respect of the termination.
Amendment
We may amend these Terms of Use at any time by posting new Terms of Use on the Website. The amended Terms of Use shall automatically be effective when posted. We will post notice that the Terms of Use have been amended on the landing page of the Website for thirty (30) days. The date of the version of these Terms of Use is stated at the top of the page. You agree to review such Terms of Use on a regular basis.
Electronic Communications
When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
Severability
If any provision of these Terms of Use is held to be unenforceable, in whole or in part, by an applicable court of law, such holding will not affect the validity of the other provisions of the Terms of Use.
No Waiver
At no time do we waive our rights to enforce any terms or conditions as set out in this Terms of Use, even if any provision of the Terms of Use have been previously breached or unenforced.
Governing Law
These Terms of Use and the access to and use of the Website and the Content shall be governed by the laws of the Province of Alberta and the laws of Canada applicable therein, without regard to its conflict of law provisions. You agree to submit and attorn to the exclusive jurisdiction of the Courts of the Province of Alberta, Canada.
Contact Us
For more information about these Terms of Use or any information or questions regarding the Website or the Content, please contact us at operations@onesafe.co.