(dated February 24, 2019)
General
By installing the Application (see definition below), you agree to be bound by these terms of use (the “Agreement”). Please review them carefully before using the Application because the Application is provided to you under these terms of use.
The “Application” shall mean the software provided by EES Technologies Inc. to offer services related to EES Technologies Inc., EES Technologies Inc.’s services and its partners’ services, to be used via Web or on mobile devices.
Registration & Personal Information
You must have an Account to use the Application.
For proper Application operation you must provide and maintain true, accurate, current and complete information about you as prompted by the Application registration process (the “Account”).
Personal information you provide to us is governed by our Privacy Guidelines and applicable laws related to personal information. Your use of the Application indicates your acceptance of the terms of the Privacy Guidelines.
You are responsible for maintaining the confidentiality of your Account information and are responsible for all activities that occur in your Account. You will notify us immediately of any unauthorized use at support@ees-tech.com.
Fees and Payments
We reserve the right at any time to charge fees or change the fees for access to portions of the Application or the Application as a whole. However, in no event will you be charged for access to the Application unless we obtain your prior agreement to pay such fees or changed fees and we give you reasonable advance notice to cancel the Application .
If you elect not to pay any fees charged by us, we will have the right to cease providing the Application to you.
Communications
We reserve the right to contact you by email that you had provided in your Account for the purpose of informing you of changes or additions to the Agreement, the Application or other services offered by us. Our collection, use and disclosure of your personal information are governed by our Privacy Policy.
Proprietary Rights and License
All rights, title, interest, ownership, and intellectual property rights in and to the Application are owned by EES Technologies Inc.
EES Technologies Inc. hereby grants you a worldwide, non-exclusive, revocable license to use the Application for your business and personal use in accordance with this Agreement.
Conditions of Use
The Application is currently made available to you free of charge for your personal, non-commercial use for an initial time period, after which some or all services may require a monthly or annual Premium Top-Up.
You MUST NOT use the Application to monitor other people, such as determining their location, without their approval. Such use is explicitly prohibited! Any fraudulent, abusive, or otherwise illegal activity is grounds for termination of your Account and the Application, at our sole discretion, and you may be reported to appropriate law-enforcement agencies.
EES Technologies Inc. reserves the right to amend or withdraw the Application, or charge for the application or service provided to you in accordance with this Agreement, at any time and for any reason.
You acknowledge that the terms of agreement with your respective mobile network provider (‘Mobile Provider’) will continue to apply when using the Application. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the Application or any such third party charges as may arise. You accept responsibility for any such charges that arise.
The software provided by us to use the Application is governed by this Agreement. The Application is protected by the laws of Canada and other countries, and by international treaties.
Availability
We do not warrant that the functions contained in the Application will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components.
This Application is available to handheld mobile devices. EES Technologies Inc. will use reasonable efforts to make the Application available at all times. However you acknowledge the Application is provided over the internet and mobile networks and so the quality and availability of the Application may be affected by factors outside EES Technologies Inc.’s reasonable control.
EES Technologies Inc. does not accept any responsibility whatsoever for unavailability of the Application, or any difficulty or inability to download or access content or any other communication system failure which may result in the Application being unavailable.
Right to Terminate or Modify the Agreement and Application
This Agreement shall terminate at any time that we decide, in our sole discretion. We will advise you of the termination. This does not limit any of our other rights to terminate under the Agreement.
At any time, we may modify the Agreement upon notice to you by publishing the changes on this website.
You may terminate your use of the Application by simply ceasing to use the Application if and when we modify the Agreement.
Your continued use of the Application after notice of any change to the Agreement will mean that you agree to the amended Agreement.
At any time and without cost, charge or liability, we may terminate your use or right to use the Application for any reason, including, but not limited to, a failure to comply with the Agreement or a failure to comply with any terms or conditions of any other agreement between you and us.
At any time and without cost, charge or liability, we may modify or discontinue, temporarily or permanently, the Application (or any part thereof) with or without notice to you.
Disclaimer of Warranties
THE APPLICATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE APPLICATION IS AT YOUR SOLE RISK.
WE EXPRESSLY DISCLAIM, AND YOU HEREBY WAIVE, ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, EES TECHNOLOGIES INC. DOES NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE APPLICATION WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY CONTENT SENT, TRANSMITTED OR OBTAINED THROUGH THE USE OF THE APPLICATION IS DONE AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ANY COMPUTER SYSTEM, MOBILE TELEPHONE, MOBILE WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE APPLICATION.
NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM US, OUR EMPLOYEES, OFFICERS, DIRECTORS, AGENTS OR REPRESENTATIVES SHALL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THE AGREEMENT.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT ARE WE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER OR FOR DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF THE AGREEMENT OF THE APPLICATION, THE USE OR INABILITY TO USE THE APPLICATION, THE MODIFICATION, SUSPENSION OR DISCONTINUATION OF THE APPLICATION, YOUR ACCOUNT INFORMATION, ANY CONTENT SENT, RECEIVED, STORED OR DISTRIBUTED VIA THE APPLICATION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US RELATED TO THE APPLICATION SHALL BE CANCELLATION OF THE APPLICATION. IF A COURT AWARDS ANY DAMAGES DESPITE THE FOREGOING LIMITATIONS OF LIABILITY IN THE AGREEMENT, SUCH DAMAGES FOR ANY AND ALL CLAIMS UNDER THIS AGREEMENT SHALL NOT IN THEIR AGGREGATE, IN ANY CIRCUMSTANCE, EXCEED THE AMOUNT YOU PAID FOR THE APPLICATION IN THE SIX MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE CAUSE OF ACTION FIRST AROSE.
THE LIMITATIONS OF LIABILITY IN THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM, OR A FUNDAMENTAL BREACH.
Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. No action, claim or proceeding may be commenced by you for any matter arising out of, or related to this Agreement two years beyond the date on which you first became aware of the cause of action.
Indemnification
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS US, OUR OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, LICENSORS AND AFFILIATES, FROM AND AGAINST ANY CLAIMS, LOSSES, DAMAGES, FINES AND EXPENSES (INCLUDING ATTORNEY’S FEES AND COSTS) ARISING OUT OF OR RELATING TO ANY CLAIMS THAT YOU HAVE USED THE APPLICATION IN VIOLATION OF ANOTHER PARTY’S RIGHTS, IN VIOLATION OF ANY LAW, IN VIOLATION OF THE AGREEMENT, OR ANY OTHER CLAIM RELATED TO, OR ARISING OUT OF, YOUR USE OF THE APPLICATION OR THIS AGREEMENT.
Miscellaneous
This Agreement have been made in and shall be construed and enforced in accordance with the laws of the jurisdiction of the Province of British Columbia, Canada, and you irrevocably consent to submit to the exclusive jurisdiction of the courts of the Province of British Columbia for any claim, proceeding or action under the Agreement, except for any claim, proceeding or action by us for equitable relief.
The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
The Agreement shall constitute the complete and exclusive agreement between you and us, and govern your use of the Application.
If any provision of this Agreement is declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be severed from the Agreement and the other provisions shall remain in full force and effect.
This Agreement binds you, your heirs, legal representatives, executors and permitted assigns.
The sections of “Proprietary Rights and License”, “Disclaimer of Warranties”, Limitation of Liability”, “Indemnification” and “Miscellaneous” will survive any actual or purported termination or expiry of this Agreement and continue in full force and effect.
You represent and warrant that you are authorized and permitted under all laws applicable to you: to the use the Application, to enter into this Agreement and comply with its terms, to meet your obligations hereunder and comply with all laws, regulations or policies that apply to the Application, including, without limitation, any and all import and export control regulations and laws, and a breach of any representation or warranty is a terminable breach of the Agreement.
This Agreement is the entire agreement between us related to the subject matter in the Agreement. This Agreement replaces and supersedes any other agreement, representation or discussion, oral or written, and may not be changed except in writing signed by us, regardless of whether or not the parties act under an unsigned “electronic” agreement or rely on such an unsigned agreement.