Thank you for selecting the Services offered by Iciniti Corp™ and/or its subsidiaries and affiliates and doing business as (DBS) (referred to as “Conligo”, “we”, “our”, or “us”). Review these Terms of Service (“Agreement”) thoroughly. This Agreement is a legal agreement between you and Conligo™. By accepting electronically (for example, by logging into the Conligo Portal) installing, accessing or using the Services, you agree to these terms. If you do not agree to this Agreement, then you may not use the Services.
CLICKING THE BOX OR LOGGING INTO THE ONEVIEW OF MYCONLIGO PORTAL, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY AND YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THIS AGREEMENT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT, THE EXECUTED PAYMENT FORM INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT WILL BE NULL AND VOID AND MAY NOT USE THE CONLIGO PLATFORM. IF YOU LOG IN TO OUR PORTAL, YOU ARE INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT. IF YOU SUBSEQUENTLY GAIN ACCESS TO OR USE A COPY OF OUR SOFTWARE, YOU WILL BE DEEMED TO HAVE AGREED TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT.
This Agreement describes the terms governing your use of the Conligo™ App online services provided to you on this website, including content, updates and new releases, (collectively, the “Services”). It includes by reference:
2.1 The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services and only for the purposes described by Conligo™. Conligo™ reserves all other rights in the Services. Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, Conligo™ grants to you a personal, limited, nonexclusive, nontransferable right and license to use the Services.
2.2 You agree not to use, nor permit any third party to use, the Services or content in a manner that violates any applicable law, regulation or this Agreement. You agree you will not:
For Services offered on a payment or subscription basis, the following terms apply, unless Conligo™ notifies you otherwise in writing. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you on the website for the Services:
There are no refunds provided. A 30-day notice must be given to cancel a subscription if the Subscriber is paying on a monthly basis. If the Subscriber is paying on an annual basis no refunds are permitted. Conligo™ charges and collects in advance for the use of the Conligo™ App. Conligo™ will automatically renew and bill Subscribers on the Subscribers’ established payment terms (monthly credit card renewal, monthly ACH renewal, annual credit card renewal or annual ACH renewal). If you believe that the billing or invoice is incorrect, you must contact us within 60 days of the billing period start date to be eligible to receive an adjustment or credit. Your account is considered delinquent (in arrears) if full payment is not received by the billing period start date. If your account is delinquent for at least two months, we may deactivate your account. Deactivated accounts are not deleted – they are placed in storage and can be restored. We will notify you by email or phone if we decide to deactivate your account. If you know in advance that your account will be inactive at some time and don’t want us to deactivate it, let us know in advance at the support email address on our website www. Conligo.ca, (email@example.com). If after your account has been deactivated it stays delinquent and we don’t hear from you, we may terminate it at any time and without notice. You and Conligo™ may terminate these Terms and your use of the Conligo™ App at any time. If you terminate your use of the Conligo™ App you must pay the fees applicable for the balance of the then current billing period (if your billing period is monthly, we will prorate your account to the nearest month-end after termination). When your Conligo™ App account is terminated, your User Content will shortly thereafter, not appear on the Conligo™ App, except for User Content submitted to our forum or comments on our blog, which may remain on the Site after termination. We may also retain an archival copy of your User Content after termination, and you hereby grant us a non-exclusive, perpetual, irrevocable license to maintain such archival copy for our internal business purposes.
Conligo™ is the sole owner of the Conligo™ App which includes all the application and products you are subscribed, customized version of the Conligo™ App provided by Conligo™. If a subscription is cancelled, the Conligo™ App is NOT your property. You will retain ownership of the content, text and any non-Conligo™ provided pictures or materials.
Use of these Services may be available through a compatible mobile device, Internet access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.
CONLIGO™ MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO:
(i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR
PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY
(ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE
TELECOMMUNICATION SERVICES; AND
(iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO
TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH
Conligo™ hereby grants you permission to use the Application as set forth in these Terms of Service, provided that: (i) your use of the Application as permitted is solely for your use in connection with your Conligo™ Account; (ii) you will not use the Application in any way that is unlawful, misleading, malicious, or discriminatory; (iii) you will not do anything that could disable, overburden, or impair the proper working of the Application (such as a denial of service attack); and (iv) you will otherwise comply with the terms and conditions of these Terms of Service.
Conligo™ Account Requirements
You understand that Conligo™ is not providing any financial or investment advice. The Conligo™ Application (Conligo™ App) is a B to B and B to C management service that allows you to manage sales, orders, invoices and payments in your Conligo™ Account. Information in your Conligo Account may come from: (i) you; (ii) your customer that you may give permission to provide information to your Conligo Account (but only to the extent that you authorize they may do so); or (iii) any accounts you may have that are maintained online by third-party organizations, if you direct Conligo to retrieve information from those accounts. You understand and acknowledge that the information in your Conligo Account is only as accurate and up-to-date as the sources that provide the information.
YOU ASSUME ALL RISK ASSOCIATED WITH YOUR USE OF THE APPLICATION INCLUDING LOSS OF DATA AND CONTENT.
If you direct Conligo to retrieve your financial and customer information from certain third-party sites or applications, you explicitly authorize Conligo to act as your agent in order to receive that information on your behalf. When you enter your login and password (or other access credentials) to any third-party site, you explicitly represent and warrant that you have all necessary rights to authorize your Conligo Account to access the information on that site on your behalf. You also authorize Conligo to use third-party services to access your information from third-party sites, in accordance with their terms of service. You understand and acknowledge that Conligo has no control over the accuracy of the information provided by third-party financial institutions.
You further agree that Conligo and its affiliates are free to use for any purpose whatsoever, ideas, know-how, concepts, techniques, comments, criticisms, reports, or other feedback other than Your Content (“Feedback”), whether oral or written, that you may send to Conligo or its affiliates. You acknowledge and agree that you have no expectation of compensation or confidentiality of any nature with respect to this feedback.
You understand and agree that any electronic communications that you request in your account settings and that Conligo provides to you may be delayed or prevented for reasons that Conligo cannot control. Conligo can neither guarantee the delivery nor the accuracy of the content of any alert. You agree that Conligo is not liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
If you violate any of these Terms of Service, your permission to use the Application and your Conligo Account may be terminated.
Conligo reserves the right to modify or discontinue the Application at any time with or without notice to you. Conligo shall not be liable to you or any third party should Conligo exercise its right to modify or discontinue the Application.
YOU EXPRESSLY AGREE THAT USE OF THE PLATFORM IS AT YOUR SOLE RISK. THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, CONLIGO AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PLATFORM AND YOUR CONLIGO ACCOUNT (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT). CONLIGO AND ITS AFFILIATES MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE PLATFORM OR THE CONTENT OF ANY APPLICATIONS OR THIRD-PARTY SERVICES THAT WORK WITH THE PLATFORM AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:
1. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR APPLICATIONS;
2. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE PLATFORM OR YOUR CONLIGO ACCOUNT;
3. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS OR ANY AND ALL PERSONAL INFORMATION OR FINANCIAL INFORMATION STORED THEREIN;
4. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM;
5. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY; AND
6. FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE
MADE AVAILABLE ON OR THROUGH THE PLATFORM. CONLIGO AND ITS AFFILIATES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM OR ANY LINKED SERVICE, APPLICATION, OR PLATFORM, AND CONLIGO AND ITS AFFILIATES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PLATFORM IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING THEREFROM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CONLIGO OR THROUGH THE PLATFORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL CONLIGO OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, OWNERS, MEMBERS, MANAGERS, ATTORNEYS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT’S) USE OF THE PLATFORM OR YOUR CONLIGO ACCOUNT.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent Conligo may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Conligo’s liability shall be the minimum permitted under such applicable law and limited to the monthly service fee for that specified month.
You agree to indemnify, defend, and hold harmless Conligo, its parents, subsidiaries, affiliates, officers, directors, owners, members, managers, employees, attorneys, consultants and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and costs) that such parties may incur as a result of or arising from (1) any information (including, without limitation, Your Content, Feedback, or any other content) you (or anyone using your account) submit, post, or transmit on or through the Application; (2) your (or anyone using your account’s) use of the Application; (3) your (or anyone using your account’s) violation of these Terms of Service; or (4) your (or anyone using your account’s) violation of any rights of any other person or entity, including, without limitation, any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Conligo reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Conligo in asserting any available defenses.
Without limiting the foregoing, under NO or ANY circumstances will Conligo be held liable for any delay or failure in performance due in whole in or in part to any acts of nature, forces, or causes beyond its reasonable control. In the event that any provision of these Terms of Service is held to be invalid or unenforceable, the remaining provisions of these Terms of Service will remain in full force and effect. The failure of Conligo to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision.
These Terms of Service and any action related thereto will be governed by the laws of the Province of Ontario without regard to any conflict of laws, principles or rules. Subject to the Dispute Resolution provisions herein below, the exclusive jurisdiction and venue of any legal action with respect to the subject matter of these Terms of Service will be the provincial and federal courts located in London, Ontario, Canada, and you expressly waive any objection to and hereby consent to and agree to submit to jurisdiction and venue in such courts.
Any disputes under these Terms of Service (except injunctive matters) shall initially be resolved by Conligo at Conligo’s preference. If arbitration is required this shall be done before an arbitrator located in London, Ontario, Canada. The prevailing party to any arbitration filed hereunder shall recover its reasonable attorneys’ fees and costs incurred in such action from the non-prevailing party.
Conligo may, in its sole and absolute discretion, change these Terms of Service from time to time. Conligo will post a copy of the Terms of Service as changed on the Application. Your continued use of the Application after the changed terms are posted constitutes your agreement to abide by the Terms of Service as changed. If you object to any such changes, your sole recourse shall be to cease using the Application. If you have any questions about these Terms of Service, please contact us at firstname.lastname@example.org.
Last Revised: 03/01/2020