Terms and Conditions

 

Welcome to OYCO.com (the "Site"), which is operated by OYCO Systems Inc. ("OYCO"). The Site is provided to you individually or, if you are subscribing to the Site on behalf of an organization, the entity on whose behalf you act ("You") subject to the following terms and conditions (the "Terms of Use"). By using or subscribing to the Site , You agree to be bound by these Terms of Use. If You do not agree to these Terms of Use, do not use the Site.

 

Changes to these Terms of Use

OYCO reserves the right to make changes to these Terms of Use. The changes are effective on the earlier of (i) OYCO providing You with notice of such changes, or (ii) 14 days after the revised Terms of Use are posted on the Site.

 

Privacy Policy

OYCO ONLY collects, uses, and discloses Your personal information in accordance with our Privacy Policy, which is available at Privacy Policy. By providing information to OYCO, You consent to the use of such information in accordance with the Privacy Policy.

 

Right to Use the Site

Effective upon OYCO's acceptance of your request to become a registered user of the Site and provided that You pay all amounts owing to OYCO, OYCO grants to You a personal, non-assignable, limited license to log into and access the Site, place correspondence, information, links, and other content on the Site ("Your Content"), and configure the Site for your personal use.

 

Payment Terms

You must pay all fees to OYCO when they become due. All amounts are exclusive of any applicable taxes, which You must pay in addition to the basic amount. Any amount not paid when due will accrue interest at the lesser rate of 1 ½% per month calculated and compounded monthly (19.56% per year) or the maximum amount allowable by law payable with the principal amount until payment in full is received, with any payment submitted being applied first to interest owing, if any.

 

Your Content

You are responsible for ensuring that you have the right to provide Your Content to OYCO for hosting and transmission in connection with the Site, and you further agree to hold harmless and indemnify OYCO for any liability arising from Your Content.

OYCO may remove Your Content from the Site if it infringes the intellectual property or other rights of another party or if Your Content is otherwise prohibited by these Terms of Use. If you believe that OYCO's removal of Your Content is unwarranted, please contact us using the contact information available at Contact Us.

 

Changes to the Site

OYCO reserves the right to change any aspect of the Site including the right to refuse or remove any content, whatever the source, at any time without any notice or liability to You.

 

Confidentiality

The Internet is not a secure means of communication and the privacy, integrity or authenticity of any communication over the Internet between You and OYCO cannot be ensured. OYCO is not responsible for any damages You may suffer if You communicate confidential information over the Internet or if OYCO communicates such information to You at Your request.

 

Use of the Site

The Site is provided to You for your personal use, and You may not resell the services provided by OYCO on or in connection with the Site (the "Services"). You may not use the Site to engage in any unlawful activity or to infringe the rights of OYCO, its affiliates, or its customers. You further agree that You will not, and You will not allow Your directors, officers, employees, or agents to :

  1. interfere with the operation of the Site in any way;
  2. interfere with anyone's use or enjoyment of the Site or the Services;
  3. harass anyone on or through the Site;
  4. impersonate any person or entity on or through the Site;
  5. post any content or views that may be considered threatening, abusive, vulgar, obscene or otherwise objectionable;
  6. reverse assemble, reverse engineer, decompile, or otherwise attempt to derive source code from the software used in the Site or any component thereof (except as permitted under applicable local law after having given OYCO written notice of requiring such information or specifications for the good faith and reasonable purpose of interoperability);
  7. copy, reproduce, modify, sell, lease, sublicense, market, or otherwise change or commercially exploit in any way the Site or any component thereof other than as may be expressly permitted by OYCO;
  8. disclose Your password or otherwise grant access to the Site or any component thereof to any third party, other than Your authorized agent, without the prior written consent of OYCO; or
  9. rent, lease, license, transfer (including transfer of physical possession of any portion of the Site) or otherwise provide third parties with access to the Site.

 

Additional Rules

You agree to abide by all rules, policies, and restrictions ("Additional Rules") of which You are provided with notice that apply to any portion of the Site or the Services.

 

Operation and Maintenance of the Site

OYCO operates the Site in a commercially reasonable manner and may from time to time interrupt the Site's services for regular and emergency maintenance. Where OYCO has advance knowledge of any interruption to the Site's services, OYCO will make reasonable efforts to provide advance notice to You of any such interruption.

 

Monitoring Use of the Site

OYCO may monitor the Site but is under no obligation to do so. You hereby waive any expectation of privacy in such information and activity. Your waiver of rights in all such monitoring does not apply to personally identifiable information which is handled by OYCO in accordance with the Privacy Policy of the Site.

 

Termination of Access

If You use the Site in any manner that is prohibited by these Terms of Use, OYCO may without notice terminate or suspend Your use of or access to the Site or the Services.

 

Intellectual Property

The copyright to the Site, the design and appearance of the Site, and all of the materials and content on the Site (other than Your Content) are owned by or licensed to OYCO. These materials are protected by law against unauthorized copying and reproduction. Any use, reproduction or distribution of material, including caching, framing, or similar means, from the Site (except as permitted herein) without written permission of OYCO is expressly prohibited.

 

© 2005 OYCO Systems Inc. All rights reserved.

 

"Find me at my e-ddress", "Find me at my phone number", "The way You communicate", "Teamoyco", "OYCO.com", "OYCO Systems Inc.", "OYCO personal", "OYCO professional", "OYCOpro.com", "OYCO Application Suite", "OYCOapps.com", "EyeContact", "SIM", and "Organize Your Consolidated Office" are registered or unregistered trade-marks of OYCO or its affiliates or associates. Other service and product marks that appear on the Site are the trade marks of their respective owners. The display of any trade-marks on the Site does not imply that a license has been granted for any further use.

Unless otherwise agreed to in writing by OYCO, all information provided to OYCO by You (other than Your Content and personal information) including, without limitation, any suggestions, comments, or know-how that You may provide to OYCO is provided on a non-confidential basis and becomes the exclusive property of OYCO. You expressly consent to the unrestrained use of all such information by OYCO.

 

Claims Of Copyright Infringement

We respect the intellectual property rights of others. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please follow the instructions on how to contact us to report possible copyright infringement. For directions and more information, read our Intellectual Property Policy which is available at copyright policy.

 

Dealing with Third Parties

Any correspondence or business dealings with any third parties found on, or through, the Site is solely between You and such parties. OYCO is not responsible for any damages You may suffer by entering into such transactions or communications. You and the third party, not OYCO, are responsible for compliance with all laws applicable in any such transaction.

 

Additional Free Services

The subscription fees paid to OYCO by you relate solely to the subscription services provided to you by or on behalf of OYCO. Certain additional services, technology, and information are from time to time made available to you by OYCO, including a search tool bar, RSS feeds for sports, travel, international news, etc., and weather information. Such services are not included in the subscription services and are provided by OYCO free of charge, on an "as is" basis.

 

No Warranties

You acknowledge and agree that access to the Site is provided to You on a "as is", "without any warranties" and "without any liability" basis. The parties to these Terms of Use acknowledge and agree that this limitation on liability is reasonable in the circumstances.

Information provided on the Site by OYCO is believed to be reliable when posted. However, OYCO does not guarantee the quality, accuracy, completeness or timeliness of the Information provided. Information contained on the Site may contain errors. You should not assume that Your use of the Site will be error free or that the Site will operate without interruption.

OYCO disclaims And EXCLUDES To the Maximum Extent Permitted by Applicable Law all warranties, representations and conditions regarding use of the Site or the Information provided, including all implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement, whether express or implied, or arising from a course of dealing, usage or trade practice.

 

No Liability

OYCO is not responsible for any indirect, special, incidental, consequential or PUNITIVE damages whatsoever and howsoever caused, arising out of or in connection with the use Or Misuse of the Site or in reliance on the Information available on the Site, including WITHOUT LIMITATION any business interruption, loss of use, lost data, lost profits, FAILURE to REALIZE EXPECTED SAVINGS or any other pecuniary loss, whether in an action of contract, Civil liability, negligence or other tortious action, even if OYCO has been informed of the possibility OF SUCH DAMAGES OR SUCH DAMAGES ARE REASONABLY FORESEEABLE.

 

Limit on Damages

NOTWITHSTANDING ANY OTHER PROVISIONS OF THESE TERMS OF USE, YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL THE AGGREGATE OF OYCO'S LIABILITY EXCEED THE FEES ACTUALLY PAID BY YOU IN RESPECT OF THE SITE OR, IN THE EVENT THAT YOU HAVE NOT PAID ANY FEES IN RESPECT OF THE SITE, CDN$1000.

WHERE THE LIMITATION OR THE EXCLUSION OF CERTAIN TYPES OF DAMAGES IS NOT ALLOWED, THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THESE TERMS OF USE SHALL NOT APPLY ONLY IF AND TO THE EXTENT THAT THE LAWS OF A COMPETENT JURISDICTION REQUIRES LIABILITIES BEYOND AND DESPITE THESE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS.

 

Indemnity

You hereby agree to hold harmless and indemnify OYCO and its officers, directors, employees, consultants, and agents from any and all third party claims, liability, damages, or costs they incur arising as a result of Your misuse of the Site, Your violation of these Terms of Use, or Your infringement of any intellectual property or other right of OYCO or any other person or entity.

 

Jurisdiction

Any dispute shall be governed by British Columbia and Canadian law and adjudicated by the courts of British Columbia , Canada. Certain jurisdictions expressly prohibit a choice of law or venue clause in a consumer contract that refers to a "foreign" jurisdiction vis-à-vis the consumer. In such specific circumstances, any dispute in relation to these Terms of Use shall be governed by the law applicable to the consumer. Nothing in these Terms of Use shall prevent OYCO from seeking injunctive or other equitable relief, or enforcement of an award, before any court having jurisdiction over You or otherwise over such matter.

We make no representation that the Site is appropriate or available for use in all locations, and accessing it from territories where the Site or its content is illegal is prohibited. If you choose to access the Site from such a location, you do so on your own initiative and you are responsible for compliance with local laws.

 

Returns & Refund Policy

Returns can be sent in their original condition to. #300-2692 Clearbrook, Road, Abbotsford, BC V2T.2Y8 Please include with your return: your name, address and your Reference/Invoice No. from the paperwork/email that accompanied your order. Also advise whether you require a refund or a replacement. Where the return is in the same condition as sent including box and packaging, you will be eligible for an immediate refund, while replacements will be sent immediately unless there is a stock problem, whereby you will be notified and given further information. Every effort is made to deliver the IP or USB phone on time in complete working condition, so please contact us if there are any problems, as we are here to assist you. Our liability is however, limited to 30 days. We recommend that you unpack your order on arrival, test the phone or call technical support for help with set up at 1-888-505-9626.

 

Desktop or Services

If the Customer cancels a service and applies for a refund before the service is received, the customer will receive a full refund. All requests for cancellations of service must be in writing, by email to refunds@oyco.com. Our customer service number is 1-888-505-6926.

Where a Monthly added services or desktop has been requested and is to be canceled please email refunds@oyco.com with your user name, e-ddress, order number and description of the service you want canceled we will then stop that additional service at the next billing cycle. Any changes or upgraded to your existing billing will be processed at the next billing cycle.

Where a yearly added service has been requested and does not want to be renewed please email refunds@oyco.com with your user name, e-ddress, order number and any other details and we will not renew your yearly subscription at the next billing cycle.

 

Items Received by Download

Downloading the "Mobile OYCO Photo App" to your phone is FREE and entirely at your own risk and has no guarantees or refunds. Please review our terms and conditions. It is the responsibility of the customer to make sure the product works on your phone. Visit FAQ section for more set up details.

All other downloads are supported in a limited capacity, with no warranty or guarantees. Please email support@oyco.com with the application in the header for further assistance.

 

Entire Agreement

These Terms of Use, including the Additional Rules, constitute the entire agreement between OYCO and You, with respect to the Site and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, with respect to the Site.