Terms of Service

 

1. WELCOME

Welcome to Secutron Technologies Ltd., Secutron Inc. and its subsidiaries and affiliates (collectively referred to as “Secutron”). Secutron will provide to you the service outlined in Paragraph 2, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: https://esd.secutron.com PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS SITE OR ITS ASSOCIATED SERVICE (INCLUDING SECURITY PRODUCTS AND SOFTWARE). IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OUTLINED BELOW, DO NOT USE THE SERVICE OR ITS ASSOCIATED HARDWARE OR SOFTWARE. USING ANY PART OF THE SERVICE INDICATES THAT YOU ACCEPT THESE TERMS.

2. DESCRIPTION OF SERVICE

Secutron provides registered users with access to a security key and associated software that protects a Secutron ESD from unauthorized access to Secutron products purchased by them (the "Service"). Unless explicitly stated otherwise, any new features which augment or enhance the current Service, including the release of new Secutron products or software, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Secutron assumes no responsibility for the timeliness, functionality, mis-delivery or failure of the Service.

In the event that access to the Service may involve third party fees (such as third party software charges), please note that you may be responsible for those fees. In addition, you must provide or purchase, and are responsible for, all equipment necessary to access the Service.

3. YOUR REGISTRATION OBLIGATIONS

In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Secutron has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Secutron has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

4. CONDITION PRECEDENT TO GRANT OF SECURITY KEY AND LICENSE

As a condition of being granted the License and access to the security key and software, the Licensee understands and agrees that:

  1. prior to the Security Key or Software being made available, the Licensee must complete a Secutron certification training program pertaining to the Software and related products. Such certification will be valid until expiry at which time renewal training may be required;

  2. the end user purchaser of the equipment is granted authority to request or direct which service provider may access their equipment.  The Mircom Group of Companies is committed to life safety and security of persons and property.  In the interest of life safety and proper maintenance of life safety equipment, a request by the end user purchaser of Secutron equipment to transfer or restrict access to Secutron products will take priority over any request by a Secutron authorized distributor or service provider, regardless of commercial circumstance.

5. SECUTRON PRIVACY POLICY

Registration Data and certain other information about you is subject to our Privacy Policy.  Please direct inquiries about this policy to esdadmin@secutron.com.

6. MEMBER ACCOUNT, PASSWORD AND SECURITY

You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Secutron of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Secutron cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6.

7. CUSTOMER CONDUCT

You agree to not use the Service to:

  1. falsely state or otherwise misrepresent your affiliation with a person or entity;

  2. upload, transmit or otherwise make use of the Service in a manner that you do not have a right to use under any law or under contractual or fiduciary relationships (such as proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

  3. upload, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

  4. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; and

  5. intentionally or unintentionally use the Service to violate any applicable local, provincial, national or international law.

You agree that you must evaluate, and bear all risks associated with, the use of the Service, including any reliance on the accuracy, completeness, functionality or usefulness of such Service.

You acknowledge and agree that Secutron may also disclose information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) protect the rights, or property of Secutron.

You understand that the technical processing and transmission of the Service may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

8. INDEMNITY

You agree to indemnify and hold Secutron, and its parent company, subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

9. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

10. MODIFICATIONS TO SERVICE

Secutron reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Secutron shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. You acknowledge that Secutron may establish general practices and limits concerning use of the Service. You further acknowledge that Secutron reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

11. TERMINATION

You agree that Secutron, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service.  Without limiting the generality of the foregoing, Secutron may terminate your access to the Service if Secutron believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Secutron may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Secutron may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Secutron shall not be liable to you or any third-party for any termination of your access to the Service.

12. SECUTRON’S PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws including copyrights, trademarks, service marks and patents. Except as expressly authorized by Secutron, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

Secutron grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Secutron for use in accessing the Service.

13. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a.     YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SECUTRON EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES, REPRESENTATIONS AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT;

b.     SECUTRON MAKES NO WARRANTY, REPRESENTATIONS AND CONDITIONS THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED; and

c.     ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

14. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT SECUTRON SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SECUTRON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SERVICE; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICE.

15. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 12 AND 13 MAY NOT APPLY TO YOU.

16. NOTICE

Notices to you may be made via either email, fax or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.

17. GENERAL INFORMATION

The TOS constitute the entire agreement between you and Secutron and govern your use of the Service, superceding any prior agreements between you and Secutron. You also may be subject to additional terms and conditions that may apply when you use affiliate services or third-party software. The TOS and the relationship between you and Secutron shall be governed by the laws of the province of Ontario and Canada without regard to its conflict of law provisions. You and Secutron agree to submit to the personal and exclusive jurisdiction of the courts located within the province of Ontario, Canada. The failure of Secutron to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TOS are for convenience only and have no legal or contractual effect.