The following terms and conditions constitute a legally binding contract between you (whether as an individual, a corporate entity of any kind, and/or an electronic agent) and Bluink Ltd. (“Bluink”). By accessing, viewing, browsing, downloading, copying, displaying, visiting, interacting with, or using in any manner a Bluink website (the "Website") or the eID-Me service (the “Service”), you acknowledge that you have read, understand, and agree to be legally bound by these terms and conditions (the "Terms"). Bluink may, in its sole discretion, revise these Terms at any time without advance notice to you. You are bound by such revisions by continuing to use the Website or Service after they are posted online.
These Terms apply to all users of the Website and Service, including users who contribute content. The Website or Service may contain interactive areas designed to allow you to upload or post content and/or comment.
The Website or Service may contain links to third party websites that are not owned or controlled by Bluink. The links to the third party websites are provided for your convenience, and the inclusion of the links does not imply approval or endorsement of the third party websites by Bluink. Bluink has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites.
a. You may not use the Bluink Website or Service for any illegal or unauthorized purpose. In addition to the laws of the Province of Ontario, Canada, you also agree to comply with all local laws that apply to your use of the Website or Service.
b. You may not use the Website or Service in any manner which could disrupt, disable, overburden, damage, or impair the Website or Service, Bluink’s servers, networks, databases, software, hardware, or equipment, or interfere with any other party's use and enjoyment of the Website or Service.
c. You may not introduce code to the Website or Service which is disruptive or harmful, or attempt to gain unauthorized access to our computer systems, servers, networks, databases, software, hardware or equipment, including to: user-restricted areas of the Website or Service; passwords of others; or personal information and personal accounts of others.
d. You may not (i) modify, adapt, alter, or translate the Website or Service; (ii) sublicense, lease, sell, resell, rent, loan, distribute, transfer, or otherwise allow the use of the Website or Service for the benefit of any unauthorized third party; (iii) reverse engineer, decompile, disassemble, or otherwise derive or determine or attempt to derive or determine the source code (or the underlying ideas, algorithms, structure, or organization) of the Website or Service, except as permitted by law; (iv) modify, copy, or make derivative works based on any part of the Website or Service; or (v) access or use the Website or Service to build a similar or competitive product or service or otherwise engage in competitive analysis or benchmarking.
e. You agree that you are responsible for your own conduct and communications while using the Website or Service and for any consequences of that use. By way of example, and not as a limitation, you agree that when using the Website or Service, you will not:
f. While Bluink prohibits such conduct in connection with the Website and Service, you understand and agree that nonetheless you may be exposed to such conduct and that you use the Website and Service at your own risk.
g. Bluink reserves the right to monitor use of the Website and Service to determine compliance with these Terms. Bluink reserves the right to remove any content and/or terminate your use of the Website or Service without notice for breach or for any other reason.
To access some features of the Website and Service, you may have to register for a user account. When registering for your user account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your user account, and you must keep any passwords or other authentication credentials secure. You must notify Bluink immediately of any breach of security or unauthorized use of your user account. Although Bluink will not be liable for your losses caused by any unauthorized use of your user account, you may be liable for the losses of Bluink or others due to such unauthorized use.
As between you and Bluink, Bluink owns all intellectual property rights, including without limitation copyright and trademark rights, in all materials on or comprising the Website and Service (“Content”), including, without limitation, all written, audio visual or other materials and graphical elements on the Website and Service. Bluink’s express, prior, written permission is required for the use of Content for any commercial or non-commercial purpose whatsoever. The Bluink and eID-Me logos are trademarks of Bluink and may not be used without the express written permission of Bluink.
Subject to these Terms, Bluink will exercise commercially reasonable efforts to: (a) provide support for the use of the Website and Service; and (b) keep the Website and Service operational and available, in each case in accordance with its standard policies and procedures.
You agree that you will comply in all respects with any and all applicable laws, rules, and regulations applicable to your use of the Website or Service. You also represent and warrant that you: (a) are not located in, under the control of, or a national or resident of any country to which use of the Website or Service would be prohibited by the applicable laws, rules or regulations of the United States, Canada, United Kingdom, European Union, or other applicable jurisdiction; (b) are not, nor are you acting on behalf of, an individual or organization to whom use of the Website or Service would be prohibited by the laws of the United States, Canada, United Kingdom, European Union, or other applicable jurisdiction; (c) have and will comply with applicable laws, rules and regulations of the United States, Canada, United Kingdom, European Union, or other applicable jurisdiction and of any state, province, or locality or applicable jurisdiction governing exports of any product or service provided by or through Bluink; and (d) will not use the Website or Service for any purposes prohibited by applicable laws, rules or regulations on trade controls, including, without limitation related to nuclear, chemical, biological weapons proliferation, or arms trading or in furtherance of terrorist financing.
YOUR USE OF THIS WEBSITE AND SERVICE IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE, SERVICE, AND CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. BLUINK DOES NOT WARRANT THAT THE WEBSITE, SERVICE, OR CONTENT CONTAINED WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, SERVICE OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WITHOUT LIMITING THE FOREGOING, BLUINK DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, THE ABILITY TO USE, OR THE RESULT OF USE OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. BLUINK MAY MAKE CHANGES OR IMPROVEMENTS TO THE WEBSITE, SERVICE OR CONTENT AT ANY TIME. BLUINK MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
BLUINK, ITS EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, OR DAMAGES RESULTING FROM ANY (I) ERRORS OR OMISSIONS IN CONTENT, (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE OR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE OR SERVICE BY ANY THIRD PARTY, OR (V) FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF THE LEGAL THEORY GIVING RISE TO THE DAMAGES, AND EVEN IF BLUINK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT BLUINK, ITS EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS SHALL NOT BE LIABLE FOR CONTENT UPLOADED OR POSTED BY USERS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS BLUINK, ITS EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, JUDGMENTS, LOSSES, LIABILITIES, COSTS OR DEBT, ATTORNEY'S FEES, AND OTHER EXPENSES ARISING FROM: (I) YOUR USE OF AND ACCESS TO THE WEBSITE AND SERVICE; (II) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT; OR (III) ANY CLAIM THAT YOU DID NOT HAVE THE RIGHT TO PROVIDE ANY CONTENT OR THAT YOUR CONTENT CAUSED DAMAGE TO A THIRD PARTY. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS AND YOUR USE OF THE WEBSITE AND SERVICE. IN SUCH A CASE, BLUINK WILL PROVIDE YOU WITH WRITTEN NOTICE OF SUCH CLAIM, SUIT, OR ACTION.
You affirm that you are either more than 18 years of age, or possess parental or guardian consent to agree to these Terms and access and use the Website or Service, and are otherwise fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
These Terms will be governed by and construed in accordance with the laws of the Province of Ontario, Canada and deemed to be entered into by you in the Province of Ontario. You agree to submit to the personal and exclusive jurisdiction of the courts located in the Province of Ontario, Canada.
You may not assign these Terms or assign any rights or delegate any obligations under these Terms, in whole or in part, whether voluntarily or by operation of law, without our prior written consent.
You acknowledge and agree that Bluink is the sole arbiter of whether any use is prohibited and constitutes a breach of these Terms. If Bluink determines that you breached these Terms, your permission to use the Website or Service automatically and immediately terminates and you must immediately destroy any and all downloaded or printed materials and immediately discontinue use the Website or Service. Bluink is not required to provide you with any notice or any explanation for terminating or limiting your permission to use the Website or Service. Furthermore, Bluink may have additional remedies at law that are available to it and Bluink reserves the right to exercise them at any time.
These Terms do not alter in any way the terms and conditions of any other written agreement you may have with Bluink unless an explicit written agreement to the contrary is executed. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remaining provisions of the Terms will continue in full force and effect.