TERMS AND CONDITIONS OF USE OF THE WEBSITE

1. General

Inoria (“Inoria“, “our“, “we” or “us“) is a Canadian company that provides personalized, human-centered services and solutions to the contact center industry. These terms and conditions of use (the “Terms of Use“) apply to your use of Inoria’s website located at www.inoria.com  (the ” Website“). The Terms of Use constitute a legal agreement between you and Inoria with respect to your access to and use of the Website.

2. Acceptance of Terms of Use and Amendments

BY ACCESSING AND USING THE WEBSITE, YOU ACCEPT THESE TERMS OF USE. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE WEBSITE.

Inoria reserves the right, at any time and at its sole discretion, to change, modify, add or remove portions of the Terms of Use. It is your responsibility to check the Terms of Use periodically for such amendments. By continuing to use the Website following the posting of amendments to the Terms of Use, you agree to be bound by such amendments. As long as you comply with these Terms of Use, Inoria grants you a personal, non-exclusive, non-transferable, limited right to access the Website and use the services offered therein.

We will indicate at the bottom of this page the date on which the Terms of Use were last modified.

3. Account and password management

You are responsible for protecting and maintaining the confidentiality of your account information (including your password). You are also responsible for all use of your account, whether or not authorized by you.

You have an obligation to provide information that is complete, accurate and current. Inoria will rely on the information you provide. It is therefore important that you provide complete and accurate information.

4. Intellectual property

All images, graphics, interfaces, marks, logos, text and software incorporated into the Website (collectively, the “Content“), including the design, structure, arrangement and manner in which the Content is presented, are the property of Inoria, its affiliates and/or its licensors and are protected by Canadian and foreign intellectual property laws, including copyright laws. Inoria grants you a limited, personal, non-exclusive, non-transferable license to access the Website and the Content on your computer or other electronic device solely for the purpose of displaying it on one screen and reproducing one copy of it for backup or print purposes, on condition that you do not modify any of the Content and that you retain all copyright notices.

Except as expressly provided in these Terms of Use, you may not distribute, download, modify, reproduce, display, edit, create derivative works from, reuse, sell or exploit in any way, in whole or in part, any Content on the Website by any form or by any means, online, electronic or physical, without the express prior written consent of Inoria.

5. Protection of your personal information

If you provide personal information such as your first name, last name, address or e-mail address (collectively the “Personal Information“) through the Website, it will be treated by us in accordance with the Privacy and Confidentiality Policy (the “Privacy Policy“). The Privacy Policy applies to the use of the Website, and its contents are incorporated into these Terms of Use by this reference. By using the Website or transmitting Personal Information to us via the Website, you consent to Inoria’s use of your Personal Information in accordance with the terms of the Privacy Policy.

6. Cookies

By using our Website, you consent to the use of cookies in accordance with our Cookie Policy and its terms are incorporated into these Terms of Use by this reference. By using our Website, you consent to the use of cookies in accordance with our Cookie Policy and its terms are incorporated into these Terms of Use by this reference.

7. Links to other websites

The Website may contain links to other independent third party websites (“Third Party Websites“). These Third Party Websites, the links to which are provided solely for convenience to you, are not under our control, and Inoria is not responsible for and does not endorse the content of any Third Party Website, including any information appearing thereon. It is your responsibility to exercise good judgment in your interactions with these Third Party Websites. These Third Party Websites are governed by their own terms of use, privacy policy, cookie policy and may collect your Personal Information.

These Terms of Use do not apply to the practices of third parties, and Inoria assumes no responsibility or liability for your use of or access to Third Party Websites through our Website.  By accessing Third Party Websites through our Website, you release Inoria from any and all liability for the actions, practices and omissions of such third parties. Please review the terms of use and policies of any Third Party Website you visit.

8. Link to the Website

Inoria encourages hyperlinks to the Website. However, we don’t wish to be linked to a third party website (i) that contains any content constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national or international law or regulation, that is likely to damage or harm Inoria’s business, credibility or integrity, or that contains, displays or transmits any material or information that exceeds the moral and/or legal standards of Canadian society; or (ii) contains, displays or transmits any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by copyright, trademark or other proprietary right. Inoria reserves the right to prohibit or refuse to accept any hyperlink to the Website at any time in its sole discretion. You agree to remove any hyperlink you may have to the Website upon Inoria’s request.

9. Limitation of warranty and liability

THE WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. THE BROWSE AND USE OF THE WEBSITE ARE AT YOUR OWN RISK. INORIA MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE WEBSITE AND ITS CONTENT, INCLUDING, IN PARTICULAR, WARRANTIES WITH RESPECT TO (i) MARKET QUALITY, SUITABILITY FOR A PARTICULAR PURPOSE OF THE CONTENT OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS; (ii) THE SAFE OPERATION OF THE WEBSITE WITHOUT INTERRUPTION OR ERROR; (iii) THE FACT THAT THE USE OF THE WEBSITE WILL MEET YOUR NEEDS AND EXPECTATIONS; (iv) THE ACCURACY, COMPLETENESS, RELIABILITY OR RELEVANCE OF THE WEBSITE AND THE CONTENT; v) THE CORRECTION OF DEFAULTS OR ERRORS IN THE WEBSITE; (vi) THE ABSENCE OF VIRUSES OR DAMAGING ELEMENTS IN THE WEBSITE; AND (vii) THE SECURE OR UNINTERRUPTED TRANSMISSION OF COMMUNICATIONS THROUGH THE WEBSITE INTERMEDIARY.

INORIA, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE WEBSITE OR THE CONTENT REFERRED TO ON THE WEBSITE OR ANY OTHER WEBSITE YOU MAY ACCESS THROUGH THE WEBSITE, EVEN IF THEY KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

INORIA, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, DISCLAIM ALL LIABILITY FOR THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD PARTY USER OF THE WEBSITE AND ANY ADVERTISER OR SPONSOR OF THE WEBSITE (“THIRD PARTY USERS“) AND SHALL IN NO EVENT BE LIABLE FOR ANY HARM, LOSS, DAMAGE (INCLUDING, WITHOUT LIMITATION, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES) OR EXPENSE ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (i) THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD PARTY USER; AND (ii) THE USE OR INABILITY TO USE ANY SOFTWARE, CONTENT, GOODS OR SERVICES OF ANY WEBSITE OR PROVIDED THROUGH ANY WEBSITE LINKED TO THE WEBSITE.

IN THE EVENT THAT A COURT FINDS INORIA, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS LIABLE FOR ANY DAMAGES SUFFERED, SUCH LIABILITY SHALL IN NO EVENT EXCEED THE SUM OF $50 CAD.

10. Compensation

You agree to indemnify, defend and hold Inoria, its affiliates and their respective directors, employees, agents, licensors or their respective successors and assigns harmless from and against any and all claims, demands, liabilities, costs or expenses of any nature whatsoever, including without limitation legal fees and disbursements, resulting directly or indirectly from: (i) your breach of the Terms of Use; (ii) your browsing, use or inability to browse or use the Website or any website to which the Website is or may be linked from time to time; (iii) your use of, or reliance on, publications, communications, distributions or downloads of any kind through the Website; and/or (iv) your violation of any applicable law or regulation. You agree to cooperate with us in the defense of any claim.

11. Force majeure

Inoria shall not be liable for any damages resulting directly or indirectly from force majeure and/or causes beyond its control, including, but not limited to, internet outages, phone or tablet outages, equipment breakage, power outage, strikes, litigation, riots, rebellion, pandemic, civil disturbances, labor or material shortages, fires, floods, hurricanes, explosions, acts of God, war, governmental action, domestic or foreign court orders, third party default, or loss, interruption and/or fluctuation of service and/or use of your connected products in connection with the Website whether or not such events have been decreed as such by the relevant authorities.

12. Applicable law

Your use of the Website and the Terms of Use shall be governed by the laws of the Province of Quebec and the laws of Canada, without regard to principles of conflict of laws. You hereby agree that any dispute arising out of or relating to your use of the Website, or the Terms of Use shall be subject to the jurisdiction of the courts of the judicial district of Montreal, Province of Quebec.

13. Complete agreement and severability

These Terms of Use and all policies and documents incorporated by reference, constitute the entire agreement between you and Inoria and supersede any prior agreements.

14. Delay in the application of a right

Inoria’s failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.

15. Severability

In the event that a court of competent jurisdiction determines that any clause of the Terms of Use is unenforceable or invalid, the remaining clauses of the Terms of Use shall remain in full force and effect, if applicable.

16. Survival of clauses

All clauses contained in the Terms of Use which by their nature are intended to survive termination, including, without limitation, restrictions, obligations of confidentiality, indemnification obligations, limitations of warranties and liability, shall survive and remain enforceable after termination of the agreement.

17. Termination

Inoria reserves the right, at its sole discretion, to limit, prevent and/or withdraw the right of access to the Website to any person, at any time, for any reason whatsoever, including as a result of any violation of these Terms of Use.

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