Terms of Use

Vio Commerce Inc
Website Terms of Use

1. Introduction
The following terms and conditions are the Terms of Use for our website, www.VIO.ca, and any applications (including mobile applications) (the “Site”) made available by VIO COMMERCE INC. (“VIO ”, “we”, “us” or “our”). The purpose of the Site is to enable persons who accesses as a user to the Site (“User”) to access, browse and download material.
The contents of the Site include, without limitation, all information, data, products, materials, services, software applications and tools, design elements, text, images, photographs, illustrations, audio and video contents, artwork, graphics contained therein or otherwise made available to you in connection therewith (collectively the “Contents”) and, unless the context clearly requires otherwise, or we explicitly say so in writing, the term “Site” includes all of the Contents.
These Terms of Use constitute a legally binding agreement between you and VIO regarding your use of and access to the Site.
These Terms of Use do not alter in any way the terms and conditions of any other agreement you may have with VIO, unless otherwise agreed to in writing by VIO . If you breach any of these Terms of Use, your authorization to use the Site automatically terminates and you must immediately destroy any Contents in your possession and discontinue all use of the Site.
By using this Site, you represent and warrant that you are at least the age of majority in your province or territory of residence in Canada, or in any event, at least eighteen (18) years of age.
2. Provision of the Site by VIO
You acknowledge and agree that the form and nature of the Site may change from time to time without prior notice to you.
You acknowledge and agree that VIO may stop (permanently or temporarily) providing the Site (or any features within the Site) to you or to users generally, at VIO ’s sole discretion, without prior notice to you. You may stop using the Site at any time. You do not need to inform VIO when you stop using the Site or any of its features.
You acknowledge and agree that if VIO disables access to your account, you may be prevented from accessing the Site, your account details or any files or other content, which is contained in your account.
3. Use of the Site by You
Your use of the Site is subject to all applicable local, provincial, state and federal laws and regulations. You may not use, allow, or enable others to use the Site, or knowingly condone use of the Site by others, in any manner that is, attempts to, or is likely to:
• be obscene, fraudulent, defamatory, libelous, indecent, discourteous, racially or ethnically offensive, harassing, threatening, abusive, pornographic or discriminatory;
• affect us adversely or reflect negatively on us, the Site, our goodwill, name or reputation or cause duress, distress, or discomfort to us or anyone else, or discourage any person, firm, or enterprise from using all or any portion, features, or functions of the Site, or from advertising, linking, or becoming a supplier to us in connection with the Site;
• send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing”;
• transmit, distribute, or upload content or programs that contain any viruses, Trojan horses, worms or other disabling devices or harmful components intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information;
• modify, disrupt, impair, alter, or interfere with the use, features, functions, operation, or maintenance of the Site or the rights or use and enjoyment of the Site by any other user;
• advocate or encourage any illegal activity;
• infringe upon or misappropriate the copyright, patent, trademark, trade secret, publicity rights or other intellectual property or proprietary rights of VIO or any third party;
• violate the privacy of any individual, including users of the Site; or
• violate any applicable local, provincial, state or national laws or regulations (anywhere in the world).
Unless you have been specifically permitted to do so in a separate agreement with VIO, you agree that you will not:
• reproduce, duplicate, copy, sell, trade or resell the Contents or any VIO products and services for any purpose;
• send commercial electronic messages;
• collect, use, or disclose personal information in violation of applicable privacy legislation in the jurisdiction in which the content is posted or viewed; or
• use or attempt to use the Site for advertising or promotional purposes related to any business you conduct commercially, nor shall you solicit, invite or accept any commercial offers made available via the Site;
You agree that you are solely responsible for (and that VIO has no responsibility to you or to any third party for) any breach of your obligations under these Terms of Use and for the consequences (including any loss or damage which VIO may suffer) of any such breach.
4. Account Registration
In order to access certain products and services on the Site you will be required to register as a Member. As part of the account registration process, you may be required to provide information about yourself (such as identification or contact details). You agree that any registration information you give to VIO will always be accurate, correct and up to date. You must not register an account on the Site in a name other than a name legally recognised as being your real name. You also agree that you will be the only authorized user of the Site under these Terms of Use and will be solely responsible for the confidentiality of any user name and password supplied by you or provided to you. Should you become aware of any unauthorized use of your username or password with respect to any activity on the Site, you must immediately notify us via email or otherwise in writing. Upon receipt of such notice, we will take reasonable steps to stop any activity using your username or password, but neither VIO , nor any of its respective directors, officers, employees, agents, representatives or affiliates can or will have any responsibility or liability to any person whose claim may arise for any claims with respect to the handling or mishandling of any transaction on the Site resulting from the unauthorized use of your username or password.
In using the Site and operating a Member account, you warrant, represent and undertake that:
• you will be the only person who will use the Site using your account, and that you will not allow any other person, whether or not acting under your instructions, to use your account for any reason, and will actively takes steps to prevent any other person to do such, and that in the event any other person uses your account, you are to be held responsible for any losses and damages caused as a result of that use;
• you will not use the account of any other person for any purpose;
• you will keep confidential any information you obtain that relates to any other Member, including actual names and addresses of other Members, and will not publish or reproduce such information in any form, including without limitation on the Site, or on any external websites unaffiliated with VIO or in any print medium, without the prior written permission of the relevant Member and VIO ;
• you acknowledge that VIO is not liable for any breach of these Terms of Use by any other Member or otherwise in relation to transactions carried out by means of the Site; and
• VIO is not responsible for any losses you incur due to informational or technical errors in the account registration process, and will not be liable for any loss or damage you incur as a result of an unauthorised person using your account, including the use of any personal details you provide in the account registration process.
5. User Submissions
The Site encourages submissions to the Site by its Members. You acknowledge and agree that if you submit any information, including text, images, other media, or any other material you make available to the Site, whether by posting, uploading, displaying, performing, transmitting or otherwise, or which you otherwise provide to VIO in respect of your use ofto the Site (“User Content”) you will be solely responsible for such User Content. VIO will not be liable in any way for any such User Content submitted.
You further agree that you will not:
• submit any User Content which is harassing, abusive, threatening, harmful, libelous or defamatory, encourages conduct that could constitute a criminal offense or give rise to civil liabilities, or is unlawful in any other way.
• submit any User Content which contains a virus or other harmful components;
• engage in activity that interferes with or disrupts the use of the Site by other users;
• submit any User Content that encourages any illegal activities, or provides guidance or instructional activities about such illegal activities;
• make any false representation, including impersonation of any person or entity or misrepresentation of your affiliation with any person or entity; or
• make use of any User Content for commercial purposes, such as advertising any products or services, reselling or publishing the information posted or transmitted.
You represent and warrant that: (i) you own the User Content posted by you on or through the Site or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (ii) the posting and use of User Content on or through the Site does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of User Content you post on or through the Site; and (iv) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.
When submitting any User Content in any form to the Site, whether it be via message services, posts, news, or comments, you are solely responsible for the content of any comments you make. You agree that no comments submitted by you to the Site will:
• violate any right of any individual, group, community or business, including but not limited to copyright, trademark, privacy, or other personal or proprietary rights;
• be libelous or contain libelous or other otherwise unlawful, slanderous abusive, or obscene material, or constitute the misappropriation of trade secrets of any third party;
• disparage the products or services of any third party; or
• contain any personal information (other than your user name).
VIO does not pre-screen, monitor or edit the User Content posted or submitted to the Site. However, VIO reserves the right to edit, limit or remove any such User Content in its sole discretion. Notwithstanding, you shall remain solely responsible for any User Content you submit or post.
When participating in any publicly posted User Content on the Site, you may be exposed to User Content that is inaccurate, incomplete or unsuitable. Please notify VIO (with the contact information posted at the bottom of this document) of any illegal or inappropriate User Content, and VIO will take appropriate action. VIO will ensure that any offending comments are removed, and take appropriate action against the offender. VIO will not be responsible for the User Content or accuracy of any information, and shall not be responsible for any acts taken or decisions made based on such information.
VIO may establish procedures and practices relating to the use of and participation in the Site. Such procedures and practices may include limitations on the number of entries and the size of files that may be submitted, limitations on the number and type of User Content submitted at any given time and the number of days content will be saved before deletion. VIO will not be responsible for any User Content deleted by VIO or otherwise, or for your inability to submit any User Content.
You hereby grant VIO a perpetual, royalty-free licence to use, copy, distribute, transmit, publicly display, publicly perform, communicate to the public, reproduce, edit, translate and reformat the User Content in connection with the operation of the Site, except as otherwise limited by the Privacy Policy.
7. Accepting the Terms of Use and Additional Terms
By accessing and using the Site in any manner, you acknowledge that you have read these Terms of Use and all of the terms and conditions contained herein. Before continuing to use the Site, please read these Terms of Use and contact us if you have any questions.
VIO reserves the right to amend, modify and supplement these Terms of Use from time to time as it sees fit with additional terms and conditions that govern certain information, content, products and services made available to you via the Site (“Additional Terms”). By accessing and using the Site, you accept and agree to comply with and be bound by such Additional Terms. Please review these Terms of Use from time to time to ensure that you are aware of and understand any Additional Terms.
The Additional Terms and the Privacy Policy are hereby incorporated by reference into these Terms of Use and form part of the legally binding agreement between you and us. To the extent that there is a conflict between these Terms of Use and any Additional Terms, the Additional Terms shall govern. These Terms of Use will remain in full force and effect as long as you are a user of the Site and, in the event of termination of any product, service or feature, you will still be bound by your obligations under these Terms of Use, the Privacy Policy and any Additional Terms.
8. Click-Through Agreements
Before you use certain areas of the Site, you may be asked to indicate your acceptance of certain special terms and conditions by clicking on a button marked “OK” or “I agree.” Any special terms and conditions to which you agree will supplement and amend these Terms of Use.
9. Links to Third-Party Sites
Use of certain links on the Site will direct you away from the Site to third party websites. Such third party websites are not under the control of VIO, and VIO is not responsible for the contents of any such website or any link contained in such website. The third party links included on the Site are provided for your convenience, and the inclusion of such links does not imply a recommendation or endorsement by VIO of any such website or the products or services offered therein. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk.
10. Third-Party Information
Any third-party content, data or publications made available through the Site are furnished by VIO on an as-is basis for your convenience and information. Any opinions, advice, statements, services, offers, or other information made available by third parties, including program hosts, information providers, or any user of the Site, are those of the respective author(s) or publisher(s) and not of VIO. VIO DISCLAIMS ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT THE INFORMATION IN SUCH PUBLICATIONS IS ACCURATE OR COMPLETE.
11. Privacy and Personal Information
For information about VIO ’s treatment and protection of personal information, please read our privacy policy at www.VIO.com/English/Privacy. This policy explains how VIO treats your personal information, and protects your privacy, when you use the Site.
Questions or requests with respect to your personal information may be sent via email to contact@VIO.ca.
12. Ownership of Intellectual Property Rights
The Site together with all trade-marks and other intellectual property displayed, distributed, or otherwise made available via the Site, is the exclusive property of VIO, and its successors, assigns, licensors, and/or suppliers. Unless you have agreed otherwise in writing with VIO, nothing in these Terms of Use gives you a right to use any of the Contents, VIO ’s trade-marks or other intellectual property of VIO. You may not assign or transfer any of the Contents and you may not grant a license to use or access the Site to any party.
You may use the Site and the Contents solely for your non-commercial and limited personal use and for no other purposes.
No information or statement contained in these Terms of Use or the Site shall be construed as conferring, directly or by implication, estoppel or otherwise, any license or right under any patent, copyright, trade-mark, or other intellectual property right of VIO or any third party. You must not alter, delete, or conceal any copyright or other notices contained on the Site, including notices on any of the Contents that you are permitted to download, transmit, display, print, or reproduce from the Site.
You may not allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Contents without the express prior written consent of VIO or its owner if VIO is not the owner.
Any unauthorized or prohibited use of any Contents may subject you to civil liability, criminal prosecution, or both, under applicable federal, provincial, state and local laws.
You may not create a link to the Site without VIO ’s prior permission. We may, however, if requested, grant a limited, nonexclusive right to create a link to the Site provided that such link is to the entry page of the Site and does not portray VIO or any of its activities or services in a false, misleading, derogatory, or otherwise negative manner.
The limited rights granted to you under these Terms of Use may be revoked by VIO at any time for any reason whatsoever.
13. Intellectual Property Infringement
We take intellectual property rights, both our own and others, very seriously.
If you are an owner of intellectual property (or the owner's authorized agent) and believe that any of the Contents, including User Content, or the Site infringes your intellectual property, please notify us using the following procedure:
Please send a written notice of intellectual property infringement to:
In your written notice, please provide the following information:
• Identification of the intellectual property claimed to have been infringed;
• Identification of the Contents that you claim are infringing your intellectual property;
• Information sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
• A statement that you believe that use of the Contents in the manner complained of is not authorized by the owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
14. No Warranty
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND THAT THE SITE AND THE CONTENTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
IN PARTICULAR, VIO AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
• YOUR USE OF THE SITE WILL MEET YOUR REQUIREMENTS,
• YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
• ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SITE WILL BE ACCURATE OR RELIABLE, AND
• THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU, AS PART OF THE SITE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VIO OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.
VIO FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

SUBJECT TO SECTION 14 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT VIO , AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
• ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT, LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; AND
• ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
• ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SITE;
• ANY CHANGES WHICH VIO MAY MAKE TO THE SITE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SITE (OR ANY FEATURES WITHIN THE SITE);
• THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY USER CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SITE;
• YOUR FAILURE TO PROVIDE VIO WITH ACCURATE ACCOUNT INFORMATION;
• YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL
THE LIMITATIONS ON VIO ’S LIABILITY TO YOU IN THIS SECTION SHALL APPLY WHETHER OR NOT VIO HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
16. Termination
We may terminate your use of the Site and/or access to the Contents, features, functionality, products and services made available in connection therewith, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.
If you want to terminate your account with VIO, you may do so by closing your account, where VIO has made this option available to you.
VIO may at any time, terminate your use of the Site if:
• You have breached any provision of these Terms of Use (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms of Use);
• VIO is required to do so by law (for example, where the provision of the Site to you is, or becomes, unlawful);
• The partner with whom VIO offered the services to you has terminated its relationship with VIO or ceased to offer the services to you;
• VIO is transitioning to no longer providing the Site to users in the country in which you are resident or from which you use the Site; or
• the provision of the Site to you by VIO is, in VIO ’s opinion, no longer commercially viable.
When these Terms of Use come to an end, all of the legal rights, obligations and liabilities that you and VIO have benefited from, been subject to (or which have accrued over time while the Terms of Use have been in force) or which are expressed to continue indefinitely, shall be unaffected by such termination.
17. Indemnification
You agree to indemnify, defend, and hold harmless VIO and its successors and assigns, and any of their respective officers, directors, employees, members, agents, representatives, licensors, advertisers, and suppliers from any liability, loss, claim, and expense (including reasonable legal fees) related to (a) your violation of these Terms of Use, and (b) your use of the Site.
We reserve the right to assume, at our sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement, or compromise, and you agree to fully cooperate with us in the defense of any such claim, action, settlement or compromise negotiations, as we may request.
18. General
These Terms of Use, together with any Additional Terms and the Privacy Policy constitute the entire agreement between you and VIO relating to your use and our provision of the Site.
You agree that VIO may provide you with notices, including those regarding changes to these Terms of Use, by email, regular mail, or postings on the Site.
You agree that if VIO does not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or which VIO has the benefit of under any applicable law), this will not be taken to be a formal waiver of VIO ’s rights and that those rights or remedies will still be available to VIO.
If any provision of these Terms of Use is held to be illegal, invalid or unenforceable, this will not affect any other provision of these Terms of Use and the agreement between you and us will be deemed amended to the extent necessary to make it legal, valid, and enforceable.
The laws of the Province of British Columbia and the federal laws applicable therein shall govern these Terms of Use in all respects, without giving effect to conflicts of laws principles.
No e-mail address found on the Site may be harvested or otherwise used for purposes of solicitation.
19. Obtaining VIO 's Consent
To request the consent of VIO for any of the actions for which such consent is required under these Terms of Use, please send e-mail to contact@VIO.ca. VIO reserves the right to refuse any such requests in its sole discretion.