Terms of Service
These terms were last updated 2016 DECEMBER 01
"You", "The Partner" or the "End-User" means you, or any other party instructed by you, as a client that uses our services.
Please read these Terms of Service ("Terms", "Terms of Service") carefully before using this website (the "Service") operated by operated by COMPETENCY.IO (Evera Outcomes Management) Inc., a company registered in British Columbia, Canada ("us", "we", or "our").
This service comes with no warranties or guarantees! If you choose to host your entire photo album of your work colleagues from your first job, your 1970 tax return and the photo of you doing the conga in Ibiza in 1990 and everything gets deleted because someone removed the power cable to put the kettle on, it's your responsibility to have backups of your files. If you tell your children that secret robotic kill-switch documents and information you've uploaded is theirs when you die; then, one day, SkyNet becomes real, destroys our datacentre and your information in it, and your family is forced to eek out a subsistance lifestyle pressing plastic scraps back into oil for our robotic overlords, that is your responsibility. If, by a cosmic turn of fate, 2 documents containing 1 particle of matter and 1 particle of anti-matter get stored in the same place at the same time in a folder on our CDN called "Schrödinger's Cat Folder" and then billions of people suddenly cried out and were silenced in an instant and it wipes all existence out of the known universe in the blink of an eye - then that one is on us and you can receive a partial refund for the unused portion of your subscription and it will be sent, by mail, to your last known address.
Boring legalise follows...
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
1 - The Service
- While we take reasonable care to ensure that this website, its products and services are kept up to date and available, we make no warranty or representation that such material is accurate or that this website or services will always be available or without fault.
- We may change the content of this website at any time and without any notice and without any liability. We are not liable for any direct, indirect, incidental or coincidental damage that may arise out of your access, use or inability to use this website or our services.
- We will provide you with services on the terms of this contract.
- We will use reasonable endeavours to provide the service by any date agreed with you but all dates are estimates and we no liability for any failure to meet any date.
- It is technically impracticable to provide a fault free service and we do not undertake to do so. We will however use its best efforts to resolve any repair and any reported faults as soon as it reasonably can.
- Occasionally we may change the technical specification of the service and/or suspend the service for operational reasons such as repair, maintenance or improvement of the service or because of an emergency. We will notify all users, by email, as to such changes.
- You are responsible for providing suitable computer hardware, software and telecommunications equipment necessary to access and use the service.
- The service must not be used by you:
- Fraudulently, in connection with a criminal offence, or otherwise unlawful;
- To send, receive, upload, download, use or re-use any information or material which is offensive, abusive, indecent, defamatory, obscene or menacing, or in breach of confidence, copyright, trademark, service mark, patent, privacy or any other rights;
- To cause annoyance, inconvenience or needless anxiety;
- To transmit knowingly or recklessly any electronic material (including viruses) through the service which shall cause or is likely to cause detriment or harm, in any degree, to computer systems owned by us or other internet users;
- To send or provide unsolicited advertising or promotional material or to receive responses to any unsolicited advertising or promotional material sent or provided using the service by any third party; other than in accordance with the acceptable use policies of any connected networks
- Owning a Username does not entitle you to keep that username into perpetuity. Username's may be recalled or changed due to copyright or trademark requests, site layout, or other requirements as needed.
- If you do not log in within 6(six) months, the service will automatically delete any uploads you have unless there is a subscription in place.
- Uploads will be automatically deleted 30(thirty) days after the end of your subscription. As a courtesy, you will be sent notifications before any removal occurs.
2 - Support
- We will provide all necessary support to assist you with the operation and maintenance of our services according to any service contract in place.
3 - Security
- You must keep secret any personal identification numbers or any other form of access to this Service and comply with all reasonable requests that we ask in relation to keeping privacy details safe. You are responsible for the security and proper use of all user names and passwords used in connection with the service (including changing passwords on a regular basis) and must take all necessary steps to ensure that they are kept confidential, secure, used properly and not disclosed to unauthorized people.
- You must not distribute any data received through this Service to any third party, without the express written permission of Author.
- You must immediately inform us if there is any reason to believe that a user name or password has or is likely to become known to someone not authorised to use it or is being or is likely to be used in an unauthorised way.
- We reserve the right to suspend user name and password access to the service if at any time we consider that there is likely to be a breach of security.
- We reserve the right (at our sole discretion) to require you to change any or all of the passwords used by you in connection with the service.
- You must immediately inform us of any changes to the information you supplied when registering for the service.
- We reserve the right to disclose your name, address and other contact details upon reasonable request in writing from any law enforcement agency and/or third party (or solicitors acting on behalf of either of the foregoing), where it reasonably appears to us that such information is required by such party to establish, exercise or defend legal rights included, without limitation, for the purpose of or in connection with actual or prospective legal proceedings or obtaining legal advice.
4 - Liability
- We are not liable, either in contract, tort (including negligence) or otherwise for direct or indirect loss of profits, business, or anticipated savings, nor for any indirect or consequential loss or damage for any destruction of data.
- We exclude all liability of any kind in respect of any material on the Internet which can be accessed using the service and is not responsible in any way for any goods (including software) or services provided by any third parties advertised, sold or otherwise made available by means of the service or on the internet.
- We are not liable either in contract, tort (including negligence) or otherwise for the acts or omissions of other providers of telecommunications or Internet services or for faults in or failures of their equipment.
- If we are unable to perform any obligation under this contract because of a matter beyond its reasonable control such as lightning, flood, exceptionally severe weather, hardware or software issues, fire, explosion, war, civil disorder, industrial disputes (whether or not involving its employees), or acts of local or central Government or other competent authorities, or events beyond the reasonable control of its suppliers, it will have no liability for that failure to perform.
- You are fully responsible for any content or service that operate or distribute through a rebranded or "Partner" service on our Service.
- You agree to indemnify us fully against any costs, fees, damages, legal or civil action caused directly or indirectly by the operation of any of our services.
- We reserve the right to pass on reasonable costs relating to dealing with any issues that arise from the use of its services.
5 - Termination of the contract by notice
- Either party may terminate this contract on 30 days notice to the other, without prejudice, to any rights that may have accrued before termination. Upon termination (for whatever reason), we may re-allocate any user names and/or aliases and/or domains associated with the terminated service.
6 - Breach of contract
- Either party may terminate this contract or the provision of service under it without notice if the other:
- Commits a material breach of this contract, which is capable of remedy, and fails to remedy the breach within a reasonable time of a written notice to do so
- Commits a material breach of this contract which cannot be remedied; or is repeatedly in breach of this contract
7 - Contract changes
- We reserve the right to change the conditions of this contract at any time on 14 days notice to you.
8 - Links
- In addition to information on this website, there are links to external websites and data which are beyond our control. We provide these links only as a convenience. The inclusion of such links is not an endorsement by us. We will not be liable for any loss or damage that may arise from a third party website or data.
9 - Communication
- Our email servers intelligently block spam, and messages marked as spam and uses industry standard services to block the receipt of spam. It is your responsibility to ensure that your mail servers are configured correctly and according to RFC specifications, and to ensure you mail server hasn't been blocked by any black listing service. If your email is blocked, it may not be received and we cannot be held liable for any delay or non-receipt of the email, nor any action not taken thereof.
10 - Privacy
11 - Rights
- The data uploaded by you, is owned by you and you hold all intellectual rights and responsibilities to such data. We hold the intellectual property and contents of this website and all rights are reserved. You may download, store and print the material and information in an unaltered form for your own personal or business purposes only provided that this notice appears with all copies made. Any attempts to systematically retrieve data or other content from this website to create or copy indirectly, a collection, compilation, database or directory, or, copy, commercialise any material or information on this website, without our permission will be followed by legal action. Requests for permission should be addressed to our business team.
- You grant us, via any of our platforms, a non-exclusive, transferable, royalty-free, worldwide license to any data you upload or add to this service
- If you delete any data, then that data may be stored in logs or backup copies, but will not be available to the public
12 - Acceptance of these terms and conditions
- By using this Service you hereby agree to all terms and conditions, whether express or implied, any updates to these terms and conditions take precedence over previous terms, unless specified in writing.
13 - Law
- This contract is governed by the law of the British Columbia, Canada, all visitors, clients, and users of any of our systems submit to the exclusive jurisdiction of the courts thereof.