Terms of Service
Last Updated: JAN 12, 2015
Safedoor Planned Maintenance Ltd. (“Safedoor”, “we”, “us”, “our” and terms of similar meaning) provides its Services (as defined below) subject to these terms and conditions of use (these “Terms”).
The "Services" include: (a) Safedoor’s website www.safedoorpm.com (the “Site”); (b) the “Applications”, consisting of the “Web App”, meaning the on-demand programs, tools, information, on-line store, and services provided through the Site, including the Dealer Portal and Customer Portal and the “Mobile App”, meaning the on-demand programs, tools, information, and services provided through the mobile application; and (c) all software, data, text, images, sounds, video, and content made available through the Site, Applications or otherwise (collectively referred to as the "Applications Content"). Any new features or content added to or augmenting the Services are also subject to these Terms.
Please read these Terms carefully before using the Services. By accessing or using the Services you agree to be legally bound by these Terms and all terms, policies and guidelines incorporated by reference in these Terms. If you do not agree with these Terms in their entirety, you may not use the Services.
In these Terms, our customers are called “Subscribers” or “Dealers”, and are organizations or individuals that subscribe for the Services through a subscription account. Subscribers may use the Services to provide services to their customers, called “Customers”. Subscribers invite persons to access their subscription account as; (a) “Dealer Admin”, “Dealer Office”, or “Dealer Tech” users called “Subscriber Users”, or (b) “Customer Users” through the Customer Portal. Subscriber Users and Customer Users are called “Users”.
Safedoor reserves the right to change or modify any of the terms and conditions contained in these Terms, or any policy or guideline applicable to the Services, at any time and in its sole discretion. If we do so, we will notify you at the email address you provide in your registration information, if any, or we will post a notice on the Site or in the Applications visible to you the next time you access the Applications. If you do not agree with the changes, you can cancel your account with us without further obligation, except for the amount due for the balance of the billing period in which you cancel your account should you be a Subscriber. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions, and your continued use of the Services after such time will constitute your acceptance of such changes or modifications. You should from time to time review the Terms and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of the Services. The ‘last updated’ Terms can be accessed at www.safedoorpm.com/TOS. If you do not agree to any amended Terms, you must stop using the Services. If you have any questions about the Terms, please contact us at email@example.com.
2. Registration Data and Account Security
If you register for an account on the Services, you agree to (a) provide accurate, current and complete information as may be prompted by any registration forms on the Services (“Registration Data”); (b) maintain the security of your password; (c) maintain and promptly update the Registration Data, and any other information you provide to Safedoor, and to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Safedoor. You are responsible for all activity on your Safedoor account, and for all charges incurred on your Safedoor account.
3. Fees, Charges and Taxes
Subscription fees, billing and payment information, and other subscription account terms and conditions are described in the Applications, and may change from time to time. If we change them, we will give you at least 30 days’ notice. If they do change, your continued use of the Services after the change indicates your agreement with the new fees and charges after the effective date of the change. Any change to fees and other charges will not be applicable to the billing period in which the change occurs.
You are responsible for all taxes applicable to the fees and charges in any applicable jurisdiction.
4. Ownership, Copyright and Trademarks
In these Terms the content available through the Services, including all information, data, logos, marks, designs, graphics, pictures, sound files, other files, and their selection and arrangement, is called “Content”. Content provided by Users, whether they are Subscribers or Customers, is called “User Content”. For example, data about its Customers, or inspections and maintenance information that a Subscriber provides to the Services is User Content of that Subscriber.
User Content is that User’s property. Safedoor’s only right to that User Content is the limited licenses to it granted in these Terms. Those licenses are described in Section 5 and Section 11 of these Terms.
Other than the User Content, the Services, all Content and all software available on the Services or used to create and operate the Services are the property of Safedoor or its licensors, and are protected by Canadian and international copyright laws, and all rights to the Services, such Content and such software are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Safedoor.
Your User Content is your responsibility. We have no responsibility or liability for it, or for any loss or damage your User Content, or use thereof, may cause to you or other people. Although we have no obligation to do so, we have the absolute discretion to remove, screen or edit without notice any User Content posted or stored on the Services, and we may do this at any time and for any reason. You are solely responsible for maintaining copies of and replacing any User Content you post or store on the Services.
5. Your Limited License of Your User Content to Safedoor
We do not claim any ownership interest in your User Content, but we do need the right to use your User Content to the extent necessary to operate the Site and provide the Services, now and in the future. Therefore, by posting or distributing User Content to or through the Services, you: (a) grant Safedoor and its affiliates and subsidiaries a non-exclusive, royalty-free, perpetual and transferable right to use, display, perform, reproduce, distribute, publish, transfer, modify, adapt, translate, and create derivative works from such User Content, in the manner in and for the purposes for which the Services from time to time use such User Content; (b) represent and warrant that (i) you own and control all of the rights to the User Content you post or otherwise distribute, or you otherwise have the lawful right to post and distribute that User Content, to or through the Services; and (ii) the use and posting or other transmission of such User Content does not violate these Terms and will not violate any rights of or cause injury to any person or entity.
If your User Content is intended for the use of other Users (for example, inspection and maintenance information intended for your Customers), you grant us and our affiliates and subsidiaries a non-exclusive, royalty-free, perpetual and transferable right to sublicense such User Content in the manner in and for the purposes for which the Services from time to time use such User Content.
These licenses from you are non-exclusive because you have the right to use your User Content elsewhere. They are royalty-free because we are not required to pay you for the use of your User Content on the Services. They are transferable because we need the right to transfer these licenses to any successor provider of the Services. They are perpetual and sub-licensable so we can provide continuity of Services to Customers in the event your account is terminated or your Customers seek provision of Services from another Subscriber. Our rights to “modify, adapt, translate, and create derivative works from” are necessary because the normal operation of the Services does this to your User Content when it processes it for use in the Services.
6. Our Limited License of Content to You
Safedoor grants you a limited, revocable, non-exclusive, non-sublicenseable license to access and utilize the Services and to view, copy and print the portions of the Content available to you through the Services. Such license is subject to these Terms, and specifically conditioned upon the following: (i) you may only view, copy and print such portions of the Content for your own use; (ii) you may not modify or otherwise make derivative works of the Content, or reproduce, distribute or display the Content (except for page caching) except as expressly permitted in these Terms; (iii) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content; (iv) you may not use any data mining, robots or similar data gathering or extraction methods; and (v) you may not use the Services or the Content other than for their intended purpose.
Except as expressly permitted above, any use of any portion of the Content without the prior written permission of its owner is strictly prohibited and will give us the right to terminate the license granted in this Section, this Agreement and your account with us. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The license in this Section is revocable by Safedoor at any time.
You represent and warrant that your use of the Services and the Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law.
To request permission for uses of Content not included in this license, you may contact Safedoor at the address set out at the bottom of these Terms.
7. Use of Interactive Areas and the Services
The Services may include discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews or other content, messages, materials or other items on the Services (“Interactive Areas”). If Safedoor provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. User Content submitted to any public area of the Services will be considered non-confidential. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any of the following:
- Any message, data, information, text, music, sound, photos, graphics, code or other material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Unsolicited promotions, political campaigning, advertising or solicitations;
- Private information of any third party, including, without limitation, addresses, phone numbers, email addresses and credit card numbers, unless that third party has expressly consented to such use;
- Viruses, corrupted data or other harmful, disruptive or destructive files;
- Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
- Content that, in the sole judgment of Safedoor, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Services, or which may expose Safedoor or its affiliates or its subsidiaries or its users to any harm or liability of any type.
Safedoor has a “zero-tolerance” policy towards SPAM: you may not use the Interactive Areas or the Services generally to send commercial or other messages to any third-party if those messages are not solicited, authorized or welcomed by the third-party, and in your use of the Services you must comply with all applicable laws, including laws that apply in any jurisdiction to SPAM and marketing practices, and with any applicable marketing association guidelines on ethical marketing practices.
Any use of the Interactive Areas or other portions of the Services in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Services.
8. Network and Data Transmission
You agree that the technical processing and transmission of the Services, including your content, may be transferred unencrypted and involve: (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices; and (c) transmission to Safedoor’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Services. The Internet and cellular networks are inherently insecure, and the reliability of hosting services, Internet intermediaries, your Internet service provider, and other service providers cannot be assured.
9. No Responsibility for Third-Party Services, Sites or Content
As a service to our Users, the Site may contain links to third-party Web sites (“Third-Party Sites”) or third-party content (“Third-Party Content”) and may provide third-party services (“Third-Party Services”), including payment processors and other payment intermediaries that you may use in connection with your use of the Services. You use Third-Party Sites and Third-Party Content (together, the “Third Party Materials”) or Third-Party Services at your own risk.
Safedoor makes no claim or representation regarding Third-Party Materials and Third-Party Services, and provides them or links to them only as a convenience. Inclusion in the Services of Third-Party Materials does not imply Safedoor endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Materials. Safedoor accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of Third-Party Materials, or Web sites linking to the Services. When you leave the Services, our terms and policies no longer govern, and when you use Third-Party Services their terms and policies apply. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Materials and Third-Party Services, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
10. Advertisements and Promotions
Safedoor may run advertisements and promotions from third parties on the Services. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Safedoor, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Safedoor is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Services.
11. Cancelation, Termination and Survivability
Subscription Accounts can be canceled at any time by the account administrator by emailing cancelation instructions to firstname.lastname@example.org and receiving a cancelation confirmation email from Safedoor. When a Subscription Account is canceled, the Services, including all Content, will be inaccessible to all Subscriber Users shortly thereafter. Any outstanding balance of the then-current billing period on the subscription account is immediately payable.
Safedoor reserves the right to: (a) modify or discontinue, temporarily or permanently, the Services (or any part thereof); and (b) refuse any and all current and future use of the Services, suspend or terminate your account (or any part thereof) or use of the Services and remove and discard any of your User Content in the Services, for any reason, including if Safedoor believes you have violated these Terms. Safedoor will use best efforts to publish on the Site, the Applications, the Applications Content, or notify you about any planned downtime of the Services, and will use all reasonable efforts to contact you directly via email to warn you prior to suspension or termination of your account. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of Services, may be referred to appropriate law enforcement authorities. Safedoor shall not be liable to you or any third party for any modification, suspension or discontinuation of the Services.
If these Terms expire or are terminated for any reason, Sections 4, 5, 9, 11, 12, 13, 15, 16, and any representations or warranty you make in these Terms, shall survive indefinitely.
12. Disclaimer of Warranties and Conditions
THE SERVICES ARE PROVIDED TO YOU
ON AN “AS IS” BASIS WITHOUT WARRANTIES OR CONDITIONS FROM SAFEDOOR OF ANY KIND, EITHER
EXPRESS OR IMPLIED. SAFEDOOR EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS
OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SAFEDOOR DOES NOT
REPRESENT OR WARRANT THAT THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE,
CURRENT OR ERROR-FREE. SAFEDOOR IS NOT RESPONSIBLE FOR THE ACCURACY OF DATA CONTAINED IN THE SERVICES.
WHILE SAFEDOOR ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICES SAFE, SAFEDOOR DOES NOT REPRESENT OR WARRANT THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
COMMERCIAL DOOR SYSTEMS CAN CAUSE SERIOUS INJURY OR DEATH. DO NOT ATTEMPT TO PERFORM INSPECTION, MAINTENANCE OR REPAIR WORK UNLESS YOU ARE A QUALIFIED SERVICE TECHNICIAN. THE SERVICES ARE NOT MEANT TO BE COMPREHENSIVE, NOR A DEFINITIVE SOURCE OF GUIDANCE, INSTRUCTIONS OR STANDARDS. YOUR COMMON SENSE, TRAINING AND GOOD JUDGMENT ARE CRUCIAL TO SAFE AND SUCCESSFUL USE OF THE SERVICES. WHENEVER POSSIBLE, ALWAYS FOLLOW EQUIPMENT MANUFACTURERS’ RECOMMENDATIONS AND INSTRUCTIONS.
13. Limitation of Liability, Indemnity
YOU WAIVE AND SHALL NOT ASSERT ANY CLAIMS OR ALLEGATIONS OF ANY NATURE WHATSOEVER AGAINST SAFEDOOR, ITS AFFILIATES OR SUBSIDIARIES, THEIR SPONSORS, CONTRACTORS, ADVERTISERS, VENDORS OR OTHER PARTNERS, ANY OF THEIR SUCCESSORS OR ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES (COLLECTIVELY, THE “RELEASED PARTIES”) ARISING OUT OF OR IN ANY WAY RELATING TO YOUR USE OF SERVICES INCLUDING, WITHOUT LIMITATION, ANY CLAIMS OR ALLEGATIONS RELATING TO INFRINGEMENT OF PROPRIETARY RIGHTS, OR ALLEGATIONS THAT ANY RELEASED PARTY HAS OR SHOULD INDEMNIFY, DEFEND OR HOLD HARMLESS YOU OR ANY THIRD PARTY FROM ANY CLAIM OR ALLEGATION ARISING FROM YOUR USE OR OTHER EXPLOITATION OF THE SERVICES. YOU USE THE SERVICES AT YOUR OWN RISK.
WITHOUT LIMITATION OF THE FOREGOING, NEITHER SAFEDOOR NOR ANY OTHER RELEASED PARTY SHALL BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON THE SERVICES OR OTHER INFORMATION OBTAINED FROM SAFEDOOR OR ANY OTHER RELEASED PARTY OR ACCESSIBLE VIA THE SERVICES, OR THAT RESULT FROM MISTAKES, ERRORS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO SAFEDOOR OR ANY OTHER RELEASED PARTY'S RECORDS, PROGRAMS OR SERVICES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SAFEDOOR, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SERVICES EXCEED THE GREATER OF THE MONTHLY SUBSCRIPTION FEE PAID OR PAYABLE BY YOU FOR THE ONE MONTH PRECEDING THE TIME OF CLAIM FOR MONETARY DAMAGES, OR SEVENTY-FIVE ($75) DOLLARS.
YOU SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS SAFEDOOR AND THE OTHER RELEASED PARTIES FROM ANY LOSS, DAMAGES, LIABILITIES, COSTS, EXPENSES, CLAIMS AND PROCEEDINGS ARISING OUT OF YOUR USE OF THE SERVICES, AND IF YOU ARE A SUBSCRIBER, FROM YOUR CUSTOMERS’ USE OF THE SERVICES AND FROM THE USE OF THE SERVICES BY ANY PERSON TO WHOM YOU GIVE ACCESS TO YOUR ACCOUNT (INCLUDING EMPLOYEES, SUBCONTRACTORS, CONSULTANTS, OR ADVISORS), INCLUDING ANY CLAIMS MADE BY ANY PERSON THAT ANY OF YOUR, AND IF YOU ARE A SUBSCRIBER, YOUR CUSTOMERS’, USER CONTENT INFRINGES THE RIGHTS, INCLUDING THE INTELLECTUAL PROPERTY RIGHTS, OF ANY THIRD PARTY.
Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means some of the above limitations may not apply to you. IN THESE JURISDICTIONS, SAFEDOOR’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Notices we give you (other than notice of amendment of these Terms, which is discussed in the introduction of these Terms) may be provided in any number of ways, depending on the circumstances. For example, we may email or telephone you at the contact information you provide in your Registration Data. Or we may post a notice to Subscribers and Customers in the Applications, or post the notice elsewhere on the Site. When we post notices on the Site or Applications, we post them in the area suitable to the notice. It is your responsibility to periodically review the Site or Applications for notices.
15. Applicable Law and Venue
These Terms shall be governed by the laws of the Province of Alberta without regard to the principles of conflicts of law. You hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and provincial courts of the Province of Alberta for the purpose of resolving any dispute relating to your access to or use of the Services.
The Services are controlled by Safedoor and operated by it from its offices in Edmonton, Alberta. You and Safedoor both benefit from establishing a predictable legal environment in regard to the Services. Therefore, you and Safedoor explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Site, the Content, the Add-ons or the Services will be governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
Except where prohibited by applicable law, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future) involving Safedoor and arising out of or relating to: (a) these Terms; (b) the Services; (c) oral or written statements, advertisements or promotions relating to these Terms or to the Site, or the Services; or (d) the relationships that result from these Terms or the Site, or the Services (collectively, a “Claim”), will be referred to and determined by a sole arbitrator (to the exclusion of the courts). Except where prohibited by applicable law, you waive any right you may have to commence or participate in any class action against Safedoor related to any Claim and, where applicable, you also agree to opt out of any class proceedings against Safedoor. If you have a Claim, you should give written notice to arbitrate at the address specified below. If we have a Claim, we will give you notice to arbitrate at your address provided in your Registration Data. Arbitration will be conducted by one arbitrator pursuant to the commercial arbitration laws and rules in effect on the date of the notice in the Province of Alberta.
To the extent arbitration as described in the immediately preceding paragraph is prohibited by applicable law, you agree all Claims will be heard and resolved in a court of competent subject matter jurisdiction located in Edmonton, Alberta. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. If you choose to access the Services from locations other than Alberta, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify Safedoor and the other Released Parties for your failure to comply with any such laws.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Safedoor may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of Safedoor, and any such attempted assignment will be void and unenforceable. These Terms constitute the entire agreement between you and Safedoor regarding your use of the Services, and supersede all prior or contemporaneous communications whether electronic, oral or written between you and Safedoor regarding your use of them. The parties confirm that it is their wish that these Terms, as well as any other documents relating to these Terms, including notices, have been and shall be drawn up in the English language only. Les parties reconnaissent avoir convenue que la présente convention ainsi que tous documents, avis et procédures judiciaires qui pourront être exécutés, donnés ou intentées à la suite des présentes ou ayant un rapport, direct ou indirect, avec la présente convention soient rédigée en anglais.
17. Terms Required by Apple
18. Questions and Comments
If you have any questions regarding these Terms or your use of the Services, please contact us here:
Safedoor Planned Maintenance Ltd.
17420 – 108 Avenue
Edmonton, Alberta, Canada T5S 1E8
Toll free: 1-844-454-5828Email: email@example.com