Last updated: September 10, 2021
Acceptance of Terms. By using the Obex Risk Ltd.’s (the Obex Risk Ltd.) website to access and use the content, you acknowledge and agree that you have fully read, and agree to be bound by, the provisions of these Terms and Conditions, exactly as if they were printed on paper and signed by you. If you do not agree to be bound by these Terms and Conditions in their entirety, or do not agree with any later modified Terms and Conditions, then you must immediately stop using the Obex Risk Ltd.’s website. If you access or use the content in the course of your employment or business, you enter into these Terms and Conditions both on your own behalf and in your individual capacity as an employee, officer, agent, partner, etc. of such organization that you represent, and references in these Terms and Conditions to “you” shall mean both you as the individual user of the Obex Risk Ltd.’s website and you in your capacity as a representative of your organization.
Amendments to these Terms and Conditions. We reserve the right to amend these Terms and Conditions at any time without notice to you, but we will use reasonable efforts to publish each amendment before such amendment becomes effective. We will ensure that the latest, fully amended version of these Terms and Conditions is published on the Website. You are responsible for regularly reviewing the Website to obtain timely notice of such amendments. If any amendment is unacceptable to you, you may terminate the agreement between you and us regarding the use of the Website as set out in these Terms and Conditions.
If you continue to use the Website after the effective date of each amendment, you will be conclusively deemed to have accepted such amended version of these Terms and Conditions.
Legal Capacity. You represent and warrant that you possess the legal right, capacity and ability to agree to these Terms and Conditions and use the Website in accordance with them. We understand the importance of protecting children's privacy online. The Obex Risk Ltd. websites covered by these Terms and Conditions are not intentionally designed for or directed at children 13 years of age or younger. It is Obex Risk Ltd.'s policy never to knowingly collect or maintain information about anyone under the age of 13. If you are using the Website on behalf of a corporation or other organization, you represent and warrant that you have the ability to agree to these Terms and Conditions on behalf of such organization and all references to "you" throughout these Terms and Conditions will include such organization, jointly and severally with you personally.
License. We grant to you a non-exclusive, non-transferable, limited license only to use the Website, in accordance with the provisions set out in these Terms and Conditions. All rights not expressly granted to you in these Terms and Conditions are reserved by us and, if applicable, our licensors.
Website Limitations. The Website depends on the Internet, including networks, cabling, facilities and equipment that is not in our control; accordingly (i) any representation made by us regarding access performance, speeds, reliability, availability, use or consistency of the Website is on a "commercially reasonable efforts" basis, (ii) we cannot guarantee any minimum level regarding such performance, speed, reliability, availability, use or consistency, and (iii) data, messages, information or materials sent over the Internet may not be completely private, and your anonymity is not guaranteed.
Intellectual Property. This Site, including but not limited to text, content, photographs, video, audio and graphics (the “Service”), is protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of Canada and other countries. The Service is also protected as a collective work or compilation under Canada copyright and other laws and treaties. All individual articles, columns and other elements making up the Service are also works protected by copyright and after intellectual property rights. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Service. The product and company names and logos appearing on this Site may be registered or unregistered trade names, trademarks and service marks of their respective owners, including Obex Risk Ltd..
All images, text, designs, graphics, trademarks and service marks are owned by and property of Obex Risk Ltd. or the properly attributed party. It is a violation of federal law to use any of our intellectual property in whole or in part, and modification of any materials contained on this site is illegal and may be prosecuted to the fullest extent permissible should we choose to do so, including asking for financial penalties (damages), legal fees, and/or an injunction forcing you to stop using our intellectual property immediately.
You may use our intellectual property with clear and obvious credit back to our site that also includes a link back to the page where the materials, designs, images, text, quote or post is located when it is possible to do so. You may use up to one image and one paragraph of text. However, you may never claim any of our intellectual property as your own or your unique creation, even with attribution.
Acceptable Use and Prohibitions. You may not use the Service for any illegal purpose or in any manner inconsistent with these Terms. You agree to use the Service solely for the use and benefit of you and your own organization, and not for resale or other transfer to, or use by or for the benefit of, any other person or entity. You agree not to use, transfer, distribute or dispose of any information contained in the Service in any manner that could compete with the business of Obex Risk Ltd.. You acknowledge that the Service has been developed, compiled, prepared, revised, selected and arranged by Obex Risk Ltd. and others (including certain other information sources) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money and constitutes valuable intellectual property and trade secrets of Obex Risk Ltd. and such others. You agree to protect the proprietary rights of Obex Risk Ltd. and all others having rights in the Service during and after the term of these Terms and to comply with all reasonable written requests made by Obex Risk Ltd. or its suppliers of content, equipment or otherwise (“Suppliers”) to protect their and others’ contractual, statutory and common law rights in the Service. You agree to notify Obex Risk Ltd. in writing promptly upon becoming aware of any unauthorized access or use of the Service by any party or of any claim that the Service infringes upon any copyright, trademark or other contractual, statutory or common law rights.
a. Lawful Use. You will ensure that
i. you only use the Website for lawful purposes, and
ii. if at any time you become aware of any violation, by any person or entity, of any part of these Terms and Conditions, you will immediately notify us and provide us with assistance, as requested, to stop or remedy such violation.
b. Prohibited Conduct. Without limiting the generality of any other restriction in these Terms and Conditions, you agree that you will not, in connection with the Website, directly or directly do or permit any of the following:
i. post, upload, reproduce, distribute or otherwise transmit any Content (defined below) that
a. is unauthorized or unsolicited commercial communications, junk or bulk communications or other "spam" (whether or not using e-mail services, including instant messaging, blog or comment spam) or is otherwise duplicative or unsolicited,
b. contains a virus, cancelbot, Trojan horse, worm or other harmful, disruptive or surreptitious component,
c. is defamatory, infringing, or unlawful,
d. is inappropriate, profane, obscene, indecent, or contains information without suitable or lawfully-required access controls (which controls will in no event be our responsibility),
e. gives rise to civil liability, or otherwise violates the rights or assists others to violate the rights of us or any third party, such violations including engaging in copyright infringement, invasion of privacy, trademark infringement or defamation, or
f. constitutes a criminal offence, or otherwise engages in or assists others to engage in any criminal offence, including communicating hatred, pyramid selling, unauthorized use of a computer, mischief in relation to data, fraud, obscenity and child pornography;
g. engage in threats, harassment, intimidation, stalking or abuse or any conduct that violates the legal rights of others, including the rights of minors and rights relating to privacy and publicity;
h. scan or probe another computer system, obstruct or bypass computer identification procedures or engage in unauthorized computer or network trespass without the express permission of the owners of such computer systems;
i. forge headers or otherwise manipulate any protocols or identifiers used in any system or protocol in such a manner to disguise the origin of any data transmitted using the Website;
j. impersonate or falsely represent your association with any person, including a representative of us;
ii. disrupt or threaten the integrity, operation or security of any Website, any computer or any Internet system;
iii. disable or circumvent any access control or related process or procedure established with respect to the Website;
iv. sublicense, share, resell, reproduce, copy, distribute, redistribute, or exploit for any commercial purposes (except for your internal business purposes), any portion of, use of or access to, any Website, except where expressly authorized by us; or
v. extract, gather, collect, or store personal information about others without their express consent.
You may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to, create derivative works from, transmit or in any way exploit any part of the Service, except that you may download material from the Service and/or make print copies for your use or use within your organization, provided that all copies retain all copyright and other proprietary notices. Without limiting the generality of the foregoing, the analysis and presentation included in the Service may not be recirculated, redistributed or published by you without Obex Risk Ltd.’s prior written consent. Modification of the Service’s content would be a violation of Obex Risk Ltd.’s copyright and other proprietary rights. Additionally, you may not offer any part of the Service for sale or distribute it over any other medium including a computer network or hyperlink framing on the internet without the prior written consent of Obex Risk Ltd.. The Service and the information contained therein may not be used to construct a database of any kind. Nor may the Service be stored (in its entirety or in any part) in databases for access by you or any third party or to distribute any database Services containing all or part of the Service. You may not use the Service in any way to improve the quality of any data sold or contributed by you to any third party. You may not use any of the tradenames, trademarks, Service marks and logos displayed on this Site (collectively “Marks”), except as expressly provided in these Terms. Nothing appearing on this Site or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Marks. You will not use the Service, the information contained therein or any of Obex Risk Ltd.’s names or Marks in unsolicited mailings or spam material and will not spam or send unsolicited mailings to any person or entity using the Service.
c. Our Remedies. Without limiting any of our rights, we may suspend, restrict or terminate your use of the Website without notice if, in our sole and absolute discretion, we determine or believe that you have violated any of the acceptable use rules set out above.
a. Content—"Content" means all materials and content, including designs, editorial, text, graphics, audiovisual materials, multimedia elements, photographs, videos, music, sound recordings, reports, documents, software, information, formulae, patterns, data and any other work.
b. Third-Party Content— Content accessed or available through the Website or the Internet may be owned by parties other than you or us (collectively, "Third Party Content") and may be protected by applicable copyrights, trade-marks, patents, trade secrets or other proprietary rights and laws. Nothing in your use of the Website or these Terms and Conditions grants you any right, title or interest in or to this Third Party Content except for the limited right to use the Website as set out in these Terms and Conditions. The Website may contain links to Third Party Content on websites operated by parties other than you or us ("Third Party Websites"). We are under no obligation to verify the accuracy of the contents on Third Party Websites, and we do not endorse, warrant, promote or recommend any services or products that may be offered by or accessed through such Third Party Websites or the operators of them.
c. Our Content— Except where expressly stated otherwise, all right, title and interest in and to the Website and all Content, source code, processes, designs, technologies, URLs, domain names, marks and logos forming any part of the Website (collectively, "Our Content") is fully vested in us, our licensors or our suppliers and are protected by applicable copyrights, trade-marks, patents, trade secrets or other proprietary rights and laws. You agree that Our Content is licensed subject to the terms of these Terms and Conditions, including the disclaimers and limitations of liability herein. Nothing in your use of the Website or these Terms and Conditions grants you any right, title or interest in or to Our Content except the limited right to use the Website as set out in these Terms and Conditions. Unless otherwise expressly authorized by us in writing, you agree not to
i. copy, modify, deep link, rent, lease, loan, sell, assign, sublicense, grant a security interest in or otherwise transfer any right or interest in Our Content
ii. distribute, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover the source code, of Our Content, to the maximum extent that such prohibition is permitted by applicable law
iii. remove any proprietary notices or labels on or in Our Content, or
iv. allow any other person or entity to engage in any of the foregoing.
Disclaimers; Limitation of Liability
THE SITE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT OR OTHER PART THEREOF) CONTAINS GENERAL INFORMATION ONLY AND WE ARE NOT, BY MEANS OF THIS SITE, RENDERING PROFESSIONAL ADVICE OR SERVICES TO YOU. THE SITE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT OR OTHER PART THEREOF) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER AND WE DISCLAIM ALL WARRANTIES AND REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, RELIABILITY, OR OTHERWISE RESPECTING THE CONTENT OF THIS SITE OR ANY OTHER WEB SITES LINKED TO OR FROM THIS SITE. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THIS SITE WILL BE SECURE, ERROR-FREE, FREE FROM VIRUSES OR MALICIOUS CODE, OR WILL MEET ANY PARTICULAR CRITERIA FOR PERFORMANCE OR QUALITY. WE EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY AND ACCURACY. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USAGE, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO LOSS OF SERVICE OR DATA. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL DEKRA BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR SERVICE, LOSS OF PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE SITE, THE MATERIALS ON THE SITE, OR ANY WEBSITE WITH WHICH IT IS LINKED, EVEN IF WE KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY OF SUCH DAMAGES. THE ABOVE DISCLAIMERS AND LIMITATIONS OF LIABILITY SHALL BE APPLICABLE NOT ONLY TO US BUT ALSO TO EACH ENTITY WITHIN THE DEKRA GROUP OF COMPANIES AND TO OUR, AND THEIR, RESPECTIVE PERSONNEL. THE ABOVE DISCLAIMERS AND LIMITATIONS OF LIABILITY ARE APPLICABLE TO THE FULLEST EXTENT PERMITTED BY LAW, WHETHER IN CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE.
Enforceability. Your use of the Website and the content and features accessed through the Website constitute your electronic signature to the agreement set out in these Terms and Conditions and your consent to enter into agreements with us electronically. This Agreement will be deemed to satisfy any writings requirements of any applicable law, notwithstanding that the agreement set out in these Terms and Conditions is written and accepted electronically. All contracts between you and us completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed written agreement.
Interpretation. In these Terms and Conditions, (i) the captions and headings are for convenience only and do not constitute substantive matter and are not to be construed as interpreting the contents of these Terms and Conditions, (ii) the word "including", the word "includes" and the phrase "such as", when following a general statement or term (whether or not non-limiting language such as "without limitation" or "but not limited to" or other words of similar import are used with reference thereto), is not to be construed as limiting, and the word "or" between two or more listed matters does not imply an exclusive relationship between the matters being connected, and (iii) all references to website addresses or URLs will also include any successor or replacement websites containing substantially similar information as the referenced website(s).
Waiver of Rights and Remedies. Our failure to insist upon or enforce strict performance of any provision of these Terms and Conditions will not be construed as a waiver of any provision or right. Neither the course of conduct between you and us nor trade practice will act to modify any provision of these Terms and Conditions. Our rights, powers and remedies in these Terms and Conditions, including without limitation the right to suspend, restrict or terminate any use of the Website, are cumulative and in addition to and not in substitution for any right, power or remedy that may be available to us at law or in equity.
Severability. If any provision of these Terms and Conditions is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability will attach only to such provision or part thereof and the remaining part of such provision and all other provisions hereof will continue in full force and effect.
Limitation Period. Any cause of action you may have with respect to these Terms and Conditions or the Website must be commenced within one year after the claim or cause of action arose, or it will be barred.
Notices. Any notice, consent, waiver, approval, authorization or other communication to be delivered in connection with these Terms and Conditions
a. by us to you will be deemed to have been effectively and validly given if delivered or sent to any of the contact particulars
b. by you to us will only be deemed to have been effectively and validly given if in writing and delivered
Assignment and Inurement. We may at any time assign our rights and obligations under these Terms and Conditions, in whole or in part, without notice to you. You may not assign these Terms and Conditions without our prior, written consent. These Terms and Conditions will inure to the benefit of and bind you and us and our respective personal and legal representatives, successors and permitted assigns.
Relationship. You agree that no joint venture, partnership, fiduciary, employment or agency relationship exists between us and you as a result of these Terms and Conditions or use of the Website.
Force Majeure. Neither party will be responsible for a failure to fulfil its obligations under these Terms and Conditions or for delay in doing so if such failure or delay is due to circumstances beyond its reasonable control, such as acts of nature, acts of government, war, riots, strikes and accidents in transportation, but excluding a lack of financing, cash or credit.