Terms of Use - AttendLab

AttendLab® is a registered trademark and product designed, developed, and operated by Haya Solutions Inc.


General

These terms are an agreement between you and Haya Solutions Inc. (hereinafter referred to as Haya) in respect of their application named “AttendLab®”, hereinafter referred to as AttendLab® for the sake of brevity. These terms also apply to any AttendLab® updates, supplements, internet-based services, and support services, if any, for this application, unless other terms accompany those items. If so, those terms apply.

By downloading and installing or otherwise using the application, you agree to be bound by the terms of this end user license agreement. If you do not agree to these terms, you may not download, install or use the application. This Agreement applies to you or any legal entity which may be represented by you. 

The application is licensed, not sold, to you for use only under the terms of this license, subject to your prior acceptance. AttendLab® reserves all rights not expressly granted to you.

Use of the application is available only to persons who have subscribed for their organization as an authorized representative of your organization. If you are a minor i.e. under the age of 18 years, you may use the application only with the involvement of a parent or guardian.

Scope Of License

This license granted to you for the application AttendLab® is limited to a non-transferable license to use the application on any operating system that you own or control. This license does not allow you to use the application on any operating system that you do not own or control, and you may not distribute or make the Application available over a network where it could be used by multiple devices at the same time.

You may not rent, lease, lend, sell, redistribute or sublicense or otherwise transfer in whole or in part the application to another party. You may not create, develop, license, install, use, or deploy any third party software or services to circumvent, enable, modify or provide access, permissions or rights to work around any technical limitations in the application and these terms. You may not copy (except as expressly permitted by this license) or publish the application for others to copy, decompile, reverse engineer, decompile, disassemble, attempt to derive the source code of, modify, or create derivative works of the  application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the  application).

Any attempt to do so is a violation of the rights of AttendLab® and its licensors. If you breach this restriction, you may be subject to prosecution and damages. You may not use the application in any way that is against the law. The terms of the license will govern any upgrades provided by AttendLab® that replace and/or supplement the original Application unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

For the purposes of this Agreement, the term ‘Confidential Information’ shall include any information or data of a scientific, technical, commercial, regulatory or financial nature disclosed between the Parties, or which is obtained by a Party from the other whether oral, in writing, pictorially, in machine readable form, on disc, mail,or by any other means/modes of disclosure and including without limitation any information, data, drawings, patterns, designs, concepts, ideas, contained in any written or printed document, hardware, firmware and software, and shall include any information related to technology and business activities (including, but not limited to, business records, customer lists, project records, reports, employee lists, business manuals, policies and procedures, communication systems, business outlooks, revenue, pricing, trade secrets), computer programs, software (including, without limitation, code, software output, screen displays, file hierarchies and user interfaces), formulas, data, inventions, techniques, technology, research and technical data, readings, analysis, charts, know-how, processes, ideas, (whether patentable or not), schematics, specifications, drawings, product designs, product plans, pricing, services, strategies, intellectual property (whether registered or not), third party confidential information, and corporate and personnel statistics, customer lists (potential or actual) and other customer-related information, supplier information, sales statistics, market intelligence, marketing, business working, operations of parent, subsidiaries or affiliates and other business strategies and other commercial information of a confidential nature disclosed between the Parties. Any Confidential Information disclosed orally or verbally should be intimated, in writing, within thirty (30) days of such oral disclosure.

Title And Ownership

Haya retains all rights, title, and interest in and to the application and its documentation and in all related copyrights, trade secrets, patents, trademarks, and any other intellectual and industrial property and proprietary rights, including registrations, applications, renewals, and extensions of such rights. You may not remove any titles, trademarks or trade names, copyright notices, legends, or other proprietary markings in the application and its documentation. You are not granted any rights to any trademarks or service marks of AttendLab®.Haya retains all rights not expressly granted to you in these terms.

Consent For Use Of Data

You agree that Haya may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the application. Haya may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.

You agree that if you provide Haya any personal data, Haya may store your personal data and to transmit such data internally within Haya or to Haya’s affiliates. Such processing, storage, and the transaction shall only be to the extent necessary for, and for the sole purpose of, enabling Haya to perform its obligations hereunder and may take place in any of the countries in which Haya and its affiliates conduct business. Information that Haya collects is subject to Haya’s privacy policy, detailed hereinbelow.

Activation / Deactivation / Suspension / Restriction / Termination 

Haya will establish an account for the user with a unique id/number. Haya reserves the right to inspect the correctness of information if found necessary. Any suspicious account will not be activated till final acceptance by Haya irrespective of payment. 
Haya reserves the right to deactivate/suspend/restrict/terminate any account in the interest of Haya or in the general interest without any prior notice without giving any reason thereof or also on grounds of non-payment, unauthorized use, incorrect incomplete or untrue disclosure of information, objectionable displays or behavior without any claim for refund.

The license is effective until terminated by you or Haya. The license shall expire and the account shall be automatically deactivated after a period of 90 days from the last date used. Your rights under this license will terminate automatically without notice from Haya if you fail to comply with any term(s) of this license. Upon termination of the license, you shall cease all use of the application, and destroy all copies, full or partial, of the application.

Haya reserves the right to change features/functionalities–entitlement to users at any point without prior intimation to users. 

Refunds

Users are not entitled to claim any refunds during the period in which the account is active or thereafter. After deactivation of the account by lapse of time or for any reason whatsoever, the credit balance on the account will be reset to zero and the user cannot claim any benefit(s) or refunds from Haya on the said account.

User’s Obligations 

You (User) undertake to – 
a) Provide true, accurate, correct and complete information which you are required to provide when you register, and; 
b) Notify us immediately of any changes to the Personal Information 
c) You agree not to – impersonate any other person or entity or to use a false name or a name that you are not authorized to use, or disclose your password or user name to any other person, or allow your password or user name to be used by any other person to access

Services and Third Party Materials

The application may enable access to Haya’s and third party services and web sites (collectively and individually, “services”). Use of the Services may require internet access and that you accept additional terms of service.AttendLab® does not provide support services for the application.

You understand that by using any of the services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the services at your sole risk and that Haya shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable.

Certain services may display, include or make available content, data, information, applications or materials from third parties (“third-party materials”) or provide links to certain third-party web sites. By using the services, you acknowledge and agree that Haya is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such third party materials or web sites. Haya does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third-party services, third-party materials or web sites, or for any other materials, products, or services of third parties. Third-party materials and links to other web sites are provided solely as a convenience to you.

You agree that any Services contain proprietary content, information, and material that is protected by applicable intellectual property and other laws, including but not limited to the copyright and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the services.

No portion of the services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the services, in any manner, and you shall not exploit the services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Haya is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using any of the services.

No additional liability for third party services and materials

In addition, third party services and third party materials may be accessed from, displayed on or linked to from the said application. Haya makes no representation that such services and third party materials are appropriate or available for use in any particular location.

To the extent you choose to access such services or third-party materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Haya and its licensors, reserve the right to change, suspend, remove, or disable access to any services at any time without notice. In no event will Haya be liable for the removal of or disabling of access to any such services. Haya may also impose limits on the use of or access to certain services, in any case, and without notice or liability.

No warranty

You expressly acknowledge and agree that the use of the application is at your sole risk and that the entire risk as to the satisfactory quality, performance, accuracy, and effort is with you.

To the maximum extent permitted by applicable law, the application and any services performed or provided by the application are provided “as is” and “as available”, with all faults and without warranty of any kind, and Haya hereby disclaims all warranties and conditions with respect to the application and any services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. Haya does not warrant against interference with your enjoyment of the application, that the functions contained in, or services performed or provided by, the application will meet your requirements, that the operation of the application or services will be uninterrupted or error-free, or that defects in the application or services will be corrected. No oral or written information or advice is given by Haya or its authorized representative shall create a warranty. Should the application or services prove defective, you assume the entire cost of all necessary servicing, repair or correction. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.

Limitation of liability

To the extent not prohibited by law, in no event shall Haya be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption, cost of cover, substitute goods, out of pocket costs or any other commercial damages or losses, arising out of or related to your use or inability to use the  application, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if Haya has been advised of the possibility of such damages. In no event shall Haya’s total liability to you for all damages exceed the amount standing to the credit of your account with Haya.

Governing law and Foreign Jurisdictions

Terms and conditions of the Agreement shall be governed by Canada Law and are subject to the jurisdiction only of the Courts of Ontario, Canada. The Parties to this Agreement hereby submit to the exclusive jurisdiction of the Courts of Ontario, Canada. All users of the application in countries other than Canada should verify whether they are violating any of the local laws in such countries by using this application/ service. If the User chooses to access the Service from outside Canada, he shall be responsible for compliance with foreign and local laws. The Users agree that they will solely be liable for any liability incurred by them in this regard and will indemnify Haya for any liability Haya may incur in any foreign jurisdiction as a consequence of citizens/residents of countries other than Canada using the Service. This service does not constitute an offer to sell or a solicitation to any person in any jurisdiction where it is unlawful to make such an offer or solicitation. 

Trademarks

AttendLab® is a registered trademark of Haya in Canada.

Privacy Policy and Data protection

Haya has taken adequate measures to safeguard against malicious denial of service attacks, database hacks, viruses, and other threats by blocking bad traffic while efficiently allowing legitimate traffic to pass through. However, Haya makes no representation or warranty as to whether the information you transmit to the Site will be intercepted by, or otherwise be received by, an unauthorized third party, and you transmit such information at your own risk. Haya shall not be liable for any loss of information howsoever caused whether as a result of any interruption, suspension, or termination of the Service or otherwise. 

Haya would not be held liable for any loss of data, technical or otherwise, information, particulars supplied by you due to the reasons beyond its control like corruption of data or delay or failure to perform as a result of any causes or conditions that are beyond Haya’s reasonable control including but not limited to strike, riots, civil unrest, Govt. policies, tampering of data by unauthorized persons like hackers, war and natural calamities. 

Haya at the time of registration asks for and collects certain information about you, including personally identifiable information such as name, email address, etc. When you provide such information, Haya may use this information to provide member benefits such as to send notifications of upcoming events, newsletters, publications, etc. Haya will not share your personal information with any third party.

Haya reserves the right, at any time and without notice, to change this Privacy Policy, simply by posting such changed policy on the Site. Any such change will be effective immediately once it is posted on the Site.

Disclosure policy

Haya undertakes not to disclose the information provided by the users to any person, except in the following circumstances –

  • Protect and defend Haya or its Affiliates’ rights, interests or property.
  • Enforce the terms and conditions under which its products and/or services are sold.

It is Haya’s policy to cooperate with law enforcement agencies and other governmental organizations. Haya can, and you authorize Haya to, disclose such information which by law is required to be disclosed to law enforcement or other governmental officials. 

Haya reserves the right, at any time and without notice, to change this Privacy Policy, simply by posting such changed policy on the Site. Any such change will be effective immediately once it is posted on the Site. 

Displays and Notices 

All notices or demands to or upon the Site shall be effective if in writing and shall be sent to the following address:-

Haya Solutions Inc.

90 Burnhamthorpe Rd. W., Suite # 1400, Mississauga, ON L5B3C3, Canada

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