DelcoLink Group LTD. (“DelcoLink Group LTD.”), and its subsidiaries (collectively, the “DelcoLink Logistics” or “we” or “us” or “our”), have updated our End User License Agreement (“Agreement”). This agreement may be updated to reflect changing legal, regulatory, or operational requirements. We encourage you to regularly review this page for the latest information on our privacy practices.
For the purposes of this agreement, for all terms definitions please refer to Glossary of Terms (www.delcolink.com/legal-hub/for-everyone/glossary-of-terms). If you are unsure, electronically mail us at contact below.
GENERAL END USER LICENSE AGREEMENT
This End User License Agreement (the “EULA Agreement”), we grant the users (the “Licensee”) a non-exclusive and non-transferable license to use our platform. This platform includes the software programs for your mobile device and any associated printed, electronic, and electronic documentation along with any other files that may be associated with the product. The platform may not be modified, reverse engineered, link-to-mirror or frame any portion of the platform or our service, or de-compiled in any manner through current or future technologies. Failure to comply with any conditions set forth in this agreement will be deemed a violation of agreement and the licensee will be liable for all actual and punitive damages. Legal actions will be pursued. This agreement, including any Addendum hereto, is governed by and construed in accordance with the laws of Ontario, Canada.
SCOPE OF LICENSE
This agreement grants a user license to the licensee. We grant the licensee a non-transferable license on any of our platforms that is downloaded and/or installed. This includes any content, materials, upgrades, or services accessible from or purchased within the licensed application. The platform may be downloaded to a maximum of one device. The rights and obligations of this agreement are personal rights granted to the licensee only. The licensee may not transfer or designate any of the rights or obligations granted under this agreement to any other individual or legal entity. You may not transfer, redistribute, or sublicense the application and any part of our platform. This includes the licensed application to be made available over a network where it could be replicated or used by multiple devices simultaneously. This license is issued to the user upon date the platform is downloaded and installed on their device. This will remain in force for the length of time the user keeps the platform and after deletion in pursuant to any claims. This license is effective until terminated by the licensee or us. The rights of the licensee will terminate automatically if there is failure to comply with any terms listed within this agreement or any additionally advised terms. Upon termination of platform usage, the platform and any accompanying data must be deleted from your device.
This license does not represent or warrant any joint venture, agency, employment or partnership between the licensee and us. This license does not give you the authority to bind with us, or our affiliates, or to hold yourself out as a legal partner, agent, joint ventures, employee, or authorized representative of ours, or our affiliates. You will not make any statement or misrepresentation that you are in a relationship of agency, joint venture, legal partnership, or employment with us or our affiliates. We will not be bound by any agreement, guarantee, or representation that you make to any person, or by any action or inaction made by you.
PLATFORM USAGE
Our platform is the sole property of ours. Installation and usage of the platform does not permit you any title or ownership of our platform. We retain the right to change, suspend, remove, disable, or impose access restrictions or limits on any services without warning or liability to the licensee. Platform add-on services are available for purchase upon set-up of account or whenever considered vital by the licensee or us. The platform is available in English language only and may not be suitable for use if this is not your home country language in which it is expected to be used – inquire to modify if necessary. You must not cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any part of our platform or our data and must not aggregate our data with competitors’ data.
We, our certain affiliates, licensors of ours, or licensors of our certain affiliates, own all rights in our platform and all related data, including all intellectual property rights associated with them. The only rights given to you of the platform or associated data are the rights set out in this agreement. All rights not granted under this agreement by us, and our affiliates, licensors or associated affiliates are expressly reserved.
USE OF DATA
We may collect and use technical data and associated data, including but not limited to, technical data about your device, system, and application platform and usage. The data collected is for the purpose of facilitating a better understanding of the licensee needs and enhancements that could be implemented. It is also utilized to manage our business, which includes analyzing our performance and of the platform, meeting our legal obligations, developing our workforce, and doing study. We may use this data to improve the products, which includes but is not limited to, troubleshooting, updating, securing, as well as supplying support. Personal data will not be revealed to any third parties, except for our service providers. Service providers are in an agreement with us that shields your personal data and limits their usage corresponding to this disclaimer. To the degree permitted by relevant law, we will preserve your personal data that is processed for as long as needed to provide the licensee with our services, or to comply with our legal obligations, resolve disputes, prevent abuse, and enforce our agreements.
Cookies are text files placed on your device to help examine how users use our platform and internet sites. That data may include your internet provider address, your operating system, your browser identification number, your browsing activity, and other data about how you interacted with our internet site/platform or other internet sites/platform. We may collect this data as a part of log files as well as using cookies or other tracking tools. We may also obtain data about you from third parties. Data collected can be used to offer advertising and relevant offers to the licensee. Data collection and similar technologies are used for storing and honoring your preferences and settings, enabling you to sign-in, combating fraud, analyzing how our products perform and fulfilling other lawful purposes.
We hereby deny, as far as permitted by law, any liability for ourselves and our associated businesses and suppliers for any loss, misuse, or unlawful disclosure of personal data.
COPYRIGHT
Title, copyright, intellectual property rights and distribution rights of the platform remain exclusively with us. Intellectual property rights include the aesthetic and feel of the platform. This agreement constitutes a license for use only and is not in any way a transfer of ownership rights to the platform. You may not use or otherwise export or re-export the licensed platform except as authorized by Canadian law and the laws of the jurisdiction in which the platform was obtained. The licensee agrees that they will not utilize the platform for any reasons prohibited by Canadian law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, chemical or biological weapons.
The licensee may not copy, reverse-engineer, link to- mirror or frame any portion of the platform, or our service, disassemble, attempt to gain unauthorized access, attempt to derive the source code of, modify, or create derivative works of the license application, any updates, or any part thereof. The licensee must not distribute, sell, or lease any part of the licensed platform or our software or data.
Other than with direct written permission, you must not use any of our or our affiliates’ names, logos, colors, trademarks, service marks, slogans, other identifying symbols or indicia of ownership, or copyrighted materials or content (registered or unregistered). You must not create or register any (a) business names, (b) URLs, (c) domain names, (d) platform names or titles, (e) internet sites or webpages, or (f) social media handles, accounts, or profiles that include or display our Names, Marks, or Works or anything confusingly or substantially or confusingly like our Names, Marks, or Works.
Any other rights not hereby listed within this agreement are reserved under the copyright laws of Canada.
ENFORCEMENT
If a court of competent jurisdiction decides that a provision of this agreement is invalid or unenforceable, the remainder of this agreement (and to the extent practicable, the relevant provision) will remain in full force and effect. This agreement comprises the complete understanding and agreement between the parties relating to the subject matter of this agreement, and this agreement supersedes all prior and contemporary understandings and agreements, whether oral or written, relating to the subject matter of this agreement.
The employee(s), third-party service provider(s), service provider(s), administrator(s), vendor(s), customer(s) and etc. of ours should not be harassed by the licensee at any time, including post-termination of this agreement. Trying to contact individuals of ours in such a way will be deemed harassment and such behavior will be reported to authorities to take legal actions. We hold the right to hold the licensee criminally responsible for any unwanted actions or harassments. The licensee is lawfully liable for any damages caused to us, either direct or indirect by your actions and will be liable for compensatory and punitive damages.
We may temporarily restrict access to the platform and freeze funds if us or an affiliate is investigating an alleged breach of agreements and/or policies. There may be circumstances in which we are unable to provide you with information about the alleged breach while an investigation is ongoing (either by us and/or a third-party such as law enforcement) or afterwards.
LIMITATION OF LIABILITY
The platform offered by us and accepted by the licensee will be considered “as is.” We will be held harmless from any damages as a cause thereof. We will not be accountable for any general, special, incidental, or consequential damages including, but not limited to, loss of production, loss of profits, loss of revenue, loss of data, or any other business or economic disadvantage suffered by the licensee arising out of the usage or failure to use the platform. In no event should our total liability to the licensee for all damages exceed the amount of fifty dollars ($50.00 CAD). No oral or written statement or guidance given by us, or our authorized representative will construct a warranty. Should the platform or services prove faulty, the licensee accepts the cost of required servicing, repair, or adjustment. We deny all warranties and conditions with respect to the platform and any services, either express or implied, including but not limited to, satisfactory quality, capability for a particular intent, accuracy, or ease of usage/enjoyment. We will be held harmless from any claims arising from any infringement from third-party applications or services.
We do not guarantee that usage or performance of the platform will be uninterrupted or error-free. The licensee accepts that the platform is prone to errors and weaknesses within a reasonable measure. We make no warranty expressed or implied regarding the ability of the platform for a specific intent or that the platform will be suitable for the requirements of the licensee.
The platform may allow access to us and/or third-party services and internet sites to fulfill needs of the licensee. The licensee agrees to use these external services at their own risk. We will not be responsible for any such external services provided and does not guarantee any warranties for such services. The terms and conditions still apply to the licensee when using external services and must not infringe on the property rights of the third-party.
CHANGES TO THIS AGREEMENT
The content of this agreement is for your general information and use only. These agreements are subject to modification without notice. You acknowledge that this information may contain inaccuracies or errors and is subject to adjustment and we expressly omit liability for any such inaccuracies or errors to the fullest degree authorized by law. We urge you to regularly review this page (and all available policies & agreements) for the latest information on the agreement. Your continued use of our platform and internet sites constitutes your agreement to be obliged by such amendments to this agreement. Your only remedy, if you do not agree to the terms of this agreement, is to cease use of and access to our platform and internet sites.
Each version of this agreement is identified by its effective date on this article.
ENGLISH VERSION CONTROLS
Non-English versions of this agreement are supplied for accessibility only. In the occurrence of any ambiguity or conflict between interpretations, the English version is authoritative and rules.
CONTACT US
If you have inquiries or concerns concerning this agreement or about our legal practices, please contact us by electronic mail at Legal@delcolink.com or at:
DelcoLink Group LTD.
Legal Team of DelcoLink Logistics
200 – 250 UNIVERSITY AVENUE
TORONTO ON M5H 3E5
Last Updated: Dec 19, 2022