Home Solutions Services Our Work Partners Contact Us

Legal

The Octane Group Terms of Use


1. OCTANE END-USER LICENSE AGREEMENT
The Terms and Conditions in this agreement (the "Agreement") will govern your (the "User") access to The Octane Platform, an eMarketing, web content management, email marketing software system (the “Services”) developed by The Octane Group Limited (doing business as “Octane"), and your use of the data you obtain by use of the Services. Octane grants to the User a non-exclusive right during the term of this Agreement to use the Services pursuant to the terms and conditions set out herein. Your use of the Services confers no title or ownership in the Services. All ownership rights remain in The Octane Group Limited., or its third-party suppliers, as the case may be.
2. SERVICES TO BE RENDERED AND DELIVERY OF SERVICES
Octane offers the Services on an "as is" basis. Through the "Services", Octane provides web content management, emarketing tools, information management and storage, and support. Users can create websites, emarketing promotions, contests, polls, surveys, order desks, catalogues, ecommerce, reward programs, member areas, eLearning, contact database management, blogs, forums, and wikis, as well as create and send email campaigns using the tools to distribute content supplied by the User to email addresses supplied by the User. The User acknowledges that Octane does not create any content and that Octane is not the author or the publisher of any emarketing and / or email campaign(s). The User further acknowledges that Octane does not rent or sell email lists. Octane reserves the right, but is not obligated to, review and approve any content posted by Users. Octane disclaims all copyright and other rights in such content and any and all responsibility for them.
By permitting individual site management, direct email campaigns, and other related web marketing initiatives and campaigns, Octane makes no warranties or representations of any kind as to the accuracy of the content or suitability of the subject matter. Octane specifically disclaims liability for direct, consequential or incidental damages arising from such marketing, website, and email campaigns. By posting a web page and / or email campaign from Octane, the User warrants that the content is true, and that the User will indemnify Octane against any and all, direct, indirect or consequential claims and alleged claims that may arise from the User's use of the services. By using Octane Services, the User is giving Octane permission to copy and/or store User content, contact lists and other information. Octane will not use the User content, contact lists or other User information for any purpose that violates the Octane's privacy policy.
3. ELIGIBILITY
The Services are available to corporations and other organizations who can form legally binding contracts under applicable law. If you do not qualify, please do not attempt to use the Services. You will provide true, accurate, current information about yourself as requested by the sign up, registration or billing process. Octane may refuse to offer the Services to any person and may change the criteria for eligibility, at any time, in its sole discretion. Octane retains the right to terminate your account and your rights to use the Services if there are reasonable grounds to believe that any data you provide is or becomes untrue, inaccurate, not current or incomplete.
4. ACCOUNT PASSWORD AND SECURITY
The User is responsible for maintaining confidentiality of its user name and password. Furthermore, the User is entirely responsible for any and all activities that occur under its user name and password. The User is to immediately notify Octane of any unauthorized use of the account or any breach of security.
5. MODIFICATIONS TO THE SERVICES
Octane reserves the right to modify or discontinue the Services, temporarily or permanently, with or without notice to the User and Octane is not obligated to support or update the Services. Octane will not be liable to the User or any third party in the event that Octane exercises its rights to modify or discontinue the Services.
Octane will use reasonable efforts to ensure posting of the User’s web site pages and email campaigns at any pre-scheduled time(s). However, Octane reserves the right to alter the time and date of delivery of the email campaign and the delivery of the web site pages without prior notification to the User of such a change.
6. MODIFICATION OF TERMS AND CONDITIONS
Octane may, at any time and at its sole discretion, modify the terms and conditions of this Agreement. Any such modifications will be made available online and will be effective immediately upon posting to Octane's web site (www.octane.to). The User agrees to assume responsibility for periodically reviewing this Agreement. By continuing to use the Services, following the initial posting date of modifications made by Octane, the User agrees to be bound by the Agreement as amended. If at any time, the User disagrees with the terms and conditions of this Agreement, the User may terminate this Agreement as provided below.
7. USAGE RULES
The User represents, warrants, covenants that use of the Services will only be in compliance with this Agreement and all applicable laws.
With regard to website pages, wireless and email campaigns, the User specifically agrees not to:
  1. Send email to any party who has not given their permission to receive email from the User. The User also acknowledges that it is unlawful to send emails to addresses that were harvested (e.g. obtained from an automated scan of a website) knowingly or unknowingly, and agrees to never send emails to such addresses, and accept any liabilities for misuse. The User understands the repercussions if a complaint or complaints are received.
  2. Use the services for any unlawful purposes.
  3. Harass, threaten, embarrass or cause distress, unwanted attention or discomfort to a person or entity.
  4. Send, submit, or publish any sexually explicit images or material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity or any other images or material deemed by Octane to be offensive.
  5. Send, submit or publish any defamatory, inaccurate, abusive, obscene, profane, or threatening material which is racially or ethnically offensive or which infringes upon the right of any third party as determined by the laws of the Province of Ontario.
  6. Encourage the use of any controlled substance, transmission of material, information or software in violation of any municipal, provincial or federal law.
  7. Impersonate any person, including but not limited to, an official of Octane or an information provider, or communicate under a false name or a name that the User is not entitled or authorized to use.
  8. Upload, post or reproduce in any manner any material protected by copyright without the permission of the copyright owner.
  9. Send content that promotes or provides instructional information about illegal activities, or promoting physical harm or injury against any group or individual.
  10. Send content that contains links to web pages that contains nudity, sex, pornography, tasteless images, foul language, hate propaganda, anything illegal, illegal software, serial numbers for unlocking software, mail fraud, pyramid schemes or is otherwise insulting to another person(s).
  11. Directly or indirectly reverse engineer, decompile, disassemble, or otherwise attempt to discover source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services of any software, documentation, or data related to the Services. The User also agrees not to remove any proprietary notices or labels from the Services or any software, modify, translate, or create derivative works based on the Services or any software, or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any software. The Services shall be used for the Users own internal business purposes only.
  12. Remove or export from Canada or allow the export or re-export of the Services, or any direct product thereof, including technical data, in violation of any restriction, laws or regulations of Canada or any other country.
In the event that the User violates one of the above usage rules, or for any other reason deemed appropriate by Octane, Octane reserves the right to suspend or terminate, with or without notice, access to the User's account and all related data. Octane also reserves the right to modify the User's data with email notice provided to the User within one business day.
8. USE AND STORAGE
On behalf of the User, Octane has obtained server space at commercial service providers. The amount of disc space allocated and the size and number of web page(s) and / or email campaign(s) to be hosted or sent from these servers are outlined in the terms of the contract. Octane has no responsibility or liability for the deletion or failure to store any webpage, messages, web content or other information maintained, hosted or transmitted through the Services.
Octane has access to information stored on these servers including how it is used, when and how often campaigns are sent, web usage, data and analytics. Octane requires this access to monitor usage and for billing purposes.
9. CHARGES FOR SERVICES
The Services are charged according to the pricing plan selected and agreed upon by the User (refer to your pricing plan for details). Pricing may vary at any time based on changes to fee schedules. The User is responsible for reviewing the pricing and remaining aware of the fees charged by Octane. All prices are in U.S. dollars.
Users are charged a monthly fee for access to the Services, data storage, and support. Users may also be charged a fee per email processed by the system. This includes emails sent out, and emails that "bounce back" to the system. Such monthly charges continue until the User changes or discontinues the plan. The monthly fee is due upon commencement of the subscription (the monthly anniversary date) and every month thereafter, on the month's "monthly anniversary date". On each month's anniversary date, Users are charged the monthly fee plus a charge for emails sent. In the event that the User decides to terminate its account, the termination will be effective upon the User's next anniversary date provided that such monthly anniversary date is not less than 5 business days from the Users monthly anniversary. If it is less than 5 business days from the Users monthly anniversary date, then the User will be charged the monthly fee for the Services and the Services will be available to the User for one more month. All prices are in U.S. dollars.
More information on pricing plans is available. Please contact Sales at Octane at 416-977-2525 or by email at info @ Octane.to.
In the event that the User fails to pay for the Services in accordance with the User plan, Octane reserves the right to suspend or terminate, with or without notice, access to the User's account and all related data.
10. OWNERSHIP OF PROPRIETARY INFORMATION
The User acknowledges and agrees that the Services and Octane logos and trade names are the property of Octane or are provided under licence by its affiliates or suppliers. User also acknowledges that Octane owns and/or has all requisite rights in and to any software necessary to provide the Services under this Agreement.
"Octane", "The Octane Platform", "Octane Content eMarketing Tools", "Octane Content Management Software", and the Octane logo are trademarks of Octane. All other marks that appear throughout the Services are the property of their respective owners. The User fully understands and acknowledges that they are not granted any right or license whatsoever to use any of the marks and logos owned by Octane or of any such other entity, and that all such use of any of the marks appearing throughout the Services is strictly prohibited without prior written consent of Octane.
The User understands that the Octane Services and its website also contain or may contain copyrighted or other proprietary materials of Octane, its sponsors, advertisers or other third parties. The User understands and acknowledges that, except as strictly necessary for personal viewing and use of the Services or the Octane website by means of a standard Internet browser (such as Microsoft Internet Explorer and Netscape Navigator), the User is not granted any right or license to use, link to, reproduce, reverse engineer, modify, duplicate, distribute, display or perform any such copyrighted materials used or displayed on this website or to permit others to do the same, and that all such uses are prohibited without the prior written consent of Octane.
11. DISCLAIMER OF WARRANTIES
At Octane's request, the User agrees to defend, indemnify and to hold harmless Octane, its officers, directors and employees from any claims arising from the User's use of Octane or the User's breach of the Terms of Use, including, without limitation, claims of copyright infringement, patent infringement, misappropriation of trade secrets, libel, slander, trade libel, defamation, harassment, invasion of privacy or fraud.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND THE INFORMATION ARE PROVIDED BY OCTANE ON AN "AS IS" BASIS, AND OCTANE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ACCURACY, OMISSIONS, COMPLETENESS, TIMELINESS OR DELAYS WITH RESPECT TO THE SERVICE, INFORMATION OR PRODUCTS.
IN NO EVENT WILL OCTANE BE LIABLE FOR ANY DAMAGES OF ANY KIND WHATSOEVER WITH RESPECT TO THE SERVICES, INFORMATION OR PRODUCTS PROVIDED ON THE WEBSITE. IN PARTICULAR, OCTANE WILL NOT BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE USE OF OCTANE'S SERVICES, ITS WEBSITE OR THE INFORMATION OR DATA CONTAINED THEREIN, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE.
OCTANE, ITS AFFILIATES ENTIRE LIABILITY UNDER THIS AGREEMENT, IF ANY, FOR ANY CLAIM(S) FOR DAMAGES RELATING TO THE SERVICE, INDIVIDUALLY OR JOINTLY, WHETHER BASED IN CONTRACT OR TORT, WILL BE LIMITED TO THE AGGREGATE AMOUNT OF CHARGES FOR SERVICES PAID BY THE USER TO OCTANE WITH RESPECT TO ANY SERVICES DURING THE TWELVE MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO ANY SUCH CLAIM(S).
12. TERMINATION
This Agreement may be terminated by Octane at any time; and by the User upon prior written or email notice to Octane. The termination of the Agreement by either party will not affect (i) the User obligation to pay the charges incurred for the Services consumed, or (ii) Octane's responsibility to return the User's funds for the Services not consumed in the event that the User has prepaid for the Services for a period greater than one month. All terms of this Agreement which by their nature survive termination, will survive termination, including without limitation, ownership, warranty disclaimers and limitations of liability.
Upon termination by Octane, the User's right to use the Services will terminate immediately. The User acknowledges and agrees that Octane may remove the User's files and information at its sole discretion.
13. MISCELLANEOUS
The User acknowledges that the software, algorithms and other processes used to provide the Services, the content (other than content owned by the User or any third party), User names, passwords, look, feel and functionality of the services are the property of Octane or in the case of the Services being offered under licence by Octane's partners (under approved and valid distribution agreements), the property of Octane's partners.
These terms and conditions represent the complete, final and exclusive agreement between Octane and the User, and supersede and merge all prior oral, written or electronically transmitted agreements, representations and understandings between Octane and the User.
The laws of the Province of Ontario will govern this Agreement. If one or more provisions contained herein shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this agreement, but this agreement shall be construed as if such invalid, illegal or unenforceable provision or provisions had never been contained herein.
Back to Top
Terms of Use | Privacy Policy | Anti-Spam Policy