Terms and Conditions

Terms and Conditions

These Terms of Conditions (“Terms”) apply to your use of our website at algosolutions.com (“Site”), and our products and services (collectively with the Site, the “Service”) owned and operated by Algo Communication Products Ltd. (“Algo”, “we”, “us”, “our”).  We are located at 4500 Beedie St., Burnaby, BC, Canada.

PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, VARIOUS LIMITATIONS, EXCLUSIONS, AND INDEMNITIES.

By accessing, visiting, or otherwise using our Service, you agree that you have read and understand these Terms and will abide by them at all times. If you are not willing to be bound by each and every term and condition, or if any representation made by you herein is not true, you may not use, and must immediately cease accessing, the Service.

Definitions

“User” means anyone using our Service, including anyone visiting our Site or any related Algo website.

“employee personal information” means personal information about an employee that is collected, used, or disclosed solely for the purposes reasonably required to establish, manage, or terminate an employment relationship, but does not include other personal information about the employee.

“personal information” means any information that personally identifies an individual, but does not include business contact information or work product information.

Our Site Content

Our Site contains content owned, operated, licensed, and / or controlled by Algo that is protected by copyright, trademark, trade secret, or other proprietary rights (“Site Content”). Algo or its licensors retain all rights in such Site Content. Algo grants you a limited, revocable, non-sublicensable right to view the Site Content solely for your internal use of the Site. Additionally, certain Site Content may include, but is not limited to, icons, photographs, white papers, product documentation, technology overviews, and implementation guides.

The trademarks, logos, and service marks (“Marks”) displayed on our Site are the property of Algo or other third parties. Algo is a registered trademark of Algo Communication Products Ltd. and / or its affiliates. You are not permitted to use these Marks without the prior written consent of Algo or the third party that owns the Mark.

Software Content

Software, in both source and binary forms, sample code, APIs, SDKs, associated documentation, and other related materials (collectively, “Software Content”) may be available for download on certain parts of the Site. Algo or its licensors own and retain all rights in such Software Content, including all applicable intellectual property rights.

Nothing in these Terms grants any right or license to Software Content. Software Content is governed by its own separate terms and conditions and all use of Software Content must be in accordance with the specified license(s), which may include, but is not limited to, Algo’s End User Licence Agreement, Algo software development licenses (e.g., Algo API, SDK, and Sample Code licenses), and free / open-source software licenses.

Infringer and Repeat Infringer Policy – We have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users who are deemed to be repeat infringers of intellectual property rights. We may also, at our sole discretion, limit access to the Service of any user who infringes any intellectual property rights of us or others, whether or not there is any repeat infringement.

Feedback

All right, title, and interest in and to comments, ideas, suggestions, and impressions of the Service and our products given by you to us (collectively, the “Feedback”) is and shall be deemed to be our property and, by submitting Feedback to us, you agree that you thereby assign all right, title, and interest in and to such Feedback to us.

Your Account

Your use of the Service may require an account identifying you as a user (an “Account”).  When you create an Account, you will be asked to provide certain information which will be ‎subject to our Privacy Policy.‎

In connection with your Account, you are solely responsible for (i) your Account and the ‎maintenance, confidentiality and security of your Account and all passwords related to your ‎Account; and (ii) any and all activities that occur under your Account, including all activities of ‎any persons who gain access to your account, with or without your permission.‎

You must not register for an Account on behalf of any individual other than yourself, or register ‎for an account on behalf of any group or non-individual entity unless you are duly authorized to ‎do so by such group or entity.‎

You agree to immediately notify us of (i) any unauthorized use of your Account, any service ‎provided through your Account, or any password related to your Account, or (ii) any other breach ‎of security with respect to your Account or any service provided through it, and (iii) you agree to ‎provide assistance to us, as requested, to stop or remedy any breach of security related to your ‎Account.‎

You agree to provide true, current, accurate, and complete customer information as requested by ‎us or our agents from time to time and you agree to promptly notify us of any changes to this ‎information as required to keep such information held by us current, complete, and accurate.‎

We may assign you, or you may create, a password and account identification to enable you to ‎access and use certain portions of the Service. Each time you use a password or ‎identification, you will be deemed to be authorized to access and use the Service in a manner ‎consistent with these Terms and we have no obligation to investigate the ‎authorization or source of any such access or use of the Service.‎

Your Responsibility

Algo is committed to providing a safe and positive experience to all Users. By using our Service, you agree not to:

• violate copyright, trademark, or other intellectual property laws.
• advertise, promote, endorse, or market, directly or indirectly, any third-party commercial products, services, solutions, or other technologies.
• attempt to collect, store, or publish personally identifiable information (a) without the owner’s knowledge and consent or (b) of a minor under the age of thirteen (13) in any circumstance.
• except to the extent required to be permitted by the law of your jurisdiction, reverse engineer, decompile or disassemble, translate, or otherwise attempt to extract the source code from the Service;
• make the Site Content or Software Content available to anyone, or permit anyone to access same, nor license, sublicense, sell, resell, publish, republish, transfer, assign, distribute, rent, lease, time-share, copy, or otherwise commercially exploit the Service in any way except in furtherance of your permitted use in accordance with these Terms;
• use any data mining, robot, or similar data gathering or extraction methods with respect to any Service or any Site or Software Content;
• impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, or your affiliation with any person or entity;
• utilize the Service in any way except as expressly permitted by these Terms, including by developing or using any software tool or other application that interfaces with the Service or the Website except for standard web browsers;
• distribute unwanted, unsolicited, or harassing mass email or other messages, promotions, advertising, or solicitations (“spam”).

• send deceptive or false source-identifying information, including “spoofing” or “phishing”.
• access or use any application, system, service, tool, data, account, network, or content without authorization or for unintended purposes.
• disable, disrupt, circumvent, interfere with, or otherwise violate the security of the Service.
• attack, abuse, interfere with, disrupt, or exploit any users, systems, or services, regardless of how accomplished and notwithstanding anything to the contrary in these Terms, including, but not limited to, Denial of Service (DoS), monitoring, crawling, spamming, using bots or scripts, or distributing malware (such as viruses, Trojan horses, worms, spyware, or adware).
• authorize, permit, enable, induce, or encourage any third party to do any of the above.

If you violate these Terms, your access to the Service may be terminated immediately and without notice. Be respectful and use our Service for the intended purposes.

To use the Service, you may need certain hardware, software, capabilities, and other resources (including a suitable connection to the Internet). You are solely responsible for procuring and maintaining such resources at your own cost.

Payment

You agree to pay any fees applicable to your use of the Service, including fees and charges applicable to your purchases as detailed in each order you complete on our Site. You must provide and always maintain accurate, complete, and current billing ‎information, including your postal/zip code, credit card number, and credit ‎card expiration date in order for us to process payment. We may suspend or terminate your access to the Service if your offered payment method (e.g., credit ‎card) cannot be processed. In addition, orders may not be accepted from certain jurisdictions. By providing a payment method, you expressly authorize us and/or ‎our third-party payment processor to charge the applicable fees on said payment method, as well ‎as taxes and other charges related thereto, all of which depend on the Service you utilize. You agree that we may charge any unpaid amounts to your provided ‎payment method and/or send you a bill for such unpaid fees.‎ If you provide a payment method and our charge results in an overdraft, chargeback, or other ‎fee from your bank, you alone are responsible for that fee.‎ If you become aware of a potential breach of security to your billing ‎information (such as credit card loss or theft), you must notify us immediately.‎

We reserve the right at any time and from time to time to change, modify, add, remove, ‎suspend, cancel, or discontinue any aspect of the Service in our sole discretion.

Cancellation and Refund Policy

Accepted orders may not be cancelled, changed, or assigned within sixty (60) business days before scheduled or requested delivery dates without payment of applicable charges and the authorized written consent of Algo.

Prices / Delivery Terms

Prices for good in our published list are in effect on the date of the invoice. All shipments are FCA, Burnaby, BC, Canada. Priority overnight orders are accepted until 1:00 PM PST (4:00 PM EST). Any orders with priority overnight shipping placed after 1:00 PM PST will ship the next day. Overnight deliveries are subject to the carrier’s ability to deliver. Note, once the order leaves Algo’s facility in Burnaby, BC, Canada, the buyer will carry all liability for product damage or loss.

Exports and Location

You agree that you will not export or re-export, directly or indirectly the Service and/or other information or materials provided by us hereunder, to any country for which Canada, the United States, or any other jurisdiction we may identify prior to your purchase requires any export licence or other governmental approval at the time of export without first obtaining such licence or approval. In particular, but without limitation, the Service may not be exported or re-exported: (a) into any comprehensively embargoed countries or any country that your jurisdiction’s government has included on any official terrorism or terrorism-related lists; (b) to any governments of such countries; or (c) to anyone listed on your jurisdiction’s list of prohibited or restricted parties, including the U.S. Treasury Department’s list of Specially Designated Nationals, the U.S. Department of Commerce Denied Person’s List or Entity List, or Public Safety Canada’s terrorist entities list.

We administer and operate the Service from Canada. Although the Service are ‎accessible in many territories throughout the world, not all features, products or ‎Service discussed, referenced, provided or offered are available to all ‎persons or in all geographic locations, or appropriate or available for use outside Canada. We reserve the right to limit, in our sole discretion, the provision and quantity of ‎any feature, product or Service to any person or geographic area. Any offer for any ‎feature, product or Service made is void where prohibited. If you choose to ‎access the Services from outside Canada, you do so on your own initiative and you are ‎solely responsible for complying with applicable local laws.‎

Force Majeure

Algo will not be responsible nor deemed to be in default on account of delays in performance due to causes that are beyond our control and not occasioned by our fault or negligence and which make our performance impracticable, including but not limited to civil wars, insurrections, strikes, riots, fires, storms, floods, other act of nature, explosions, earthquakes, accidents, any act of government, delays in transportation, inability to obtain necessary labor supplies or manufacturing facilities, allocation regulations or orders affecting materials, equipment, facilities or completed products, failure to obtain any required licenses or certificates, acts of God or the public enemy, failure of transportation, epidemics, quarantine restrictions, failure of vendors (due to causes similar to those within the scope of this clause) to perform their contracts or labor troubles causing cessation, slowdown, or interruption of work provided such cause is beyond our reasonable control.

No Warranty

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF OUR SERVICE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO OUR SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND / OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS WHETHER ARISING BY USAGE OF TRADE, BY COURSE OF DEALING, BY COURSE OF PERFORMANCE, AT LAW, IN EQUITY, BY STATUTE, OR OTHERWISE HOWSOEVER, IN CONNECTION WITH THE SERVICE. No oral or written information or advice given by us or our authorized representatives shall create a warranty. Should the Service prove defective, you assume the entire cost of all necessary servicing, repair, or correction. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.

Disclaimers and Limitations of Liability

Except as specifically set forth above, nothing in these Terms confers, by implication, estoppel, or otherwise, any license or right under any trade secret, patent, trademark, copyright, or other intellectual property right of Algo or any third party. All rights not expressly licensed are reserved.

Although we have attempted to provide accurate information on our Site, we assume no responsibility for the accuracy of the information.

Our Site contains links to third-party sites. We provide these links merely as a convenience and the inclusion of such links does not imply any endorsement of their content. Access to any other site linked to this Site is at your own risk and we are not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on such sites.

We may change the programs or products mentioned at any time without notice. Mention of non-Algo products or services is for informational purposes only and constitutes neither an endorsement nor a recommendation. Because international information is provided on our Site, not all products or programs mentioned will be available in your country. Please contact your local sales representative for information as to products and services available in your country.

Your use of the Service may depend on the internet, including networks, cabling, facilities, and equipment that is not in our control; accordingly (i) we cannot guarantee any minimum level regarding such performance, speed, reliability, availability, use, or consistency, and (ii) data, messages, information, or materials sent over the internet may not be completely private, and your anonymity is not guaranteed.

NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, IN NO EVENT WILL WE, OUR AFFILIATES, OR OUR CONTROLLING PARTIES, DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, SUPPLIERS, LICENSORS, RESELLERS, OR DISTRIBUTORS (COLLECTIVELY IN THESE DISCLAIMERS AND LIMITATIONS, THE “ALGO PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OR LOSSES WHATSOEVER, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OPPORTUNITY, EARNINGS, USE OR DATA, ARISING DIRECTLY OR INDIRECTLY FROM OR RELATED TO THESE TERMS, THE SERVICE, OR ANY CONTENT OR SOFTWARE IN CONNECTION THEREWITH, REGARDLESS OF THE CAUSE OF ACTION AND EVEN IF ONE OR MORE OF US HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, OR IF SUCH DAMAGES OR LOSSES WOULD BE REASONABLY FORESEEABLE, INCLUDING, WITHOUT LIMITATION, DAMAGES OR LOSSES ARISING FROM OR IN ANY WAY RELATED TO THE FOLLOWING:

1. SENDING, RECEIVING, NOT SENDING, NOT RECEIVING, LOSS, DELETION, OR ALTERATION OF ANY TRANSMISSIONS, DATA, OR TRANSACTIONS ENTERED INTO THROUGH OR USING THE SERVICE;
2. ANY SUSPENSION, CURTAILMENT, RESTRICTION, TERMINATION, OR OTHER LIMITATION PLACED ON YOUR USE OF THE SERVICE OR YOUR ACCOUNT;
3. ANY ACT OR OMISSION OF YOU OR ANY THIRD PARTY, INCLUDING ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, OR ILLEGAL CONDUCT OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS;
4. THE PERFORMANCE OF THE SERVICE;
5. THE CONTENT OR ACCURACY OF ANY MATERIAL, INFORMATION, OR DATA (INCLUDING ANY SOFTWARE) RELATED TO THESE TERMS OR VIEWED, DOWNLOADED, ACCESSED, OR TRANSMITTED USING, OVER, OR THROUGH THE SERVICE, INCLUDING MATERIAL THAT INFRINGES THE RIGHTS OF OTHERS OR OTHERWISE VIOLATES LAWS OR REGULATIONS; AND
6. DELAYS, ERRORS, INTERRUPTIONS, MISTAKES, OMISSIONS, NON-DELIVERY, INCORRECT DELIVERY, VIRUSES, TROJAN HORSES, SPYWARE, SPAM, OR DEFECTS IN THE TRANSMISSION OF ANY INFORMATION, MATERIAL, OR DATA OVER OR THROUGH OUR SYSTEMS OR NETWORKS OR THE SYSTEMS OR NETWORKS OF THIRD PARTIES.

NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, IN NO EVENT WILL OUR LIABILITY TO YOU EXCEED $100.

THE LIMITATION OF LIABILITY PROVISIONS IN THESE TERMS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SHALL APPLY EVEN IF AN EXCLUSIVE OR LIMITED REMEDY STATED HEREIN FAILS OF ITS ESSENTIAL PURPOSE WITHOUT REGARD TO WHETHER SUCH CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE.

Applicability – Some jurisdictions prohibit the disclaimer of certain warranties or conditions or the limitation of certain types of liability. In such circumstances, to the extent that such prohibitions prohibit any exclusions and limitations in these Terms, such exclusions and limitations will not apply to you strictly to the extent necessary to make these Terms consistent with such prohibitions. NOTHING IN THESE TERMS IS INTENDED TO EXCLUDE OR LIMIT ANY ‎CONDITION, WARRANTY, RIGHT, OR LIABILITY THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED.‎

Indemnity

To the fullest extent permitted by applicable law, you agree to indemnify and hold the Algo Parties harmless from all liabilities, actions, proceedings, claims, causes of action, demands, debts, losses, damages, charges, and costs, including reasonable legal costs, any amount paid to settle any such action, or to satisfy a judgment, and expenses of any kind and character whatsoever incurred by the Algo Parties relating to or arising from (i) access to or use, by you or permitted by you, of the Service or your Account; (ii) any of your acts or omissions, including, without limitation, breach, or non-performance of these Terms; or (iii) any violation of any third-party rights, including, without limitation, the infringement of third-party intellectual property rights in relation to your use of the Service.

Privacy Policy

We are responsible for all information, personal or otherwise, under our control, even if it is not in our possession. We have developed policies and procedures to deal with the proper collection, use, and disclosure of personal information. You acknowledge that you have read the terms of the Privacy Policy located on the Site (the “Policy”) at https://www.algosolutions.com/privacy-policy/, and hereby consent to the collection, use and disclosure by us and our agents of your personal information in accordance with the Policy, which is incorporated herein by reference and forms an integral part of these Terms.

Termination

We may, in our sole discretion, suspend, restrict, or terminate your use of the Service, including your Account, effective at any time, without notice to you, for any reason, including if the operation or efficiency of the Service or our or any third party’s equipment or network is impaired by your use of the Service, we have received a third-party complaint which relates to your use or misuse of the Service, or you have been or are in breach of any term or condition of these Terms.

General Provisions

Interpretation – In these Terms, (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, (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, (iii) all references to Service shall also include any successor or replacement applications containing substantially similar information as the referenced Service(s), and (iv) any monetary amounts expressed are in Canadian dollars.

Waiver of Rights and Remedies – Our failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. Neither the course of conduct between you and us nor trade practice shall act to modify any provision of these Terms. Our rights, powers, and remedies in these Terms, including without limitation the right to suspend, restrict, or terminate your access to any portion of the Service, 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 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.

Notifications – Subject to our Privacy Policy, we may provide you with notifications via email, in hard copy, or through conspicuous posting of such notice on the Service, as we may determine in our sole discretion.

Governing Law and Jurisdiction – These Terms and the rights of the parties hereto are governed by and will at all times be construed in accordance with, the laws in force in the Province of British Columbia and the laws of Canada applicable therein, without reference to its conflict of laws principles. You hereby irrevocably consent to the jurisdiction of the courts of the Province of British Columbia in connection with any matter arising out of or in connection with these Terms.

Assignment and Inurement – We may at any time assign our rights and obligations under these Terms, in whole or in part, without notice to you. You may not assign these Terms without our prior, written consent. These Terms will inure to the benefit of and bind you and us and our respective personal and legal representatives, successors and permitted assigns.

Survival – All provisions that, by their meaning or nature, are intended to survive termination or expiry of these Terms shall survive termination or expiration of these Terms.

Relationship – You agree that no joint venture, partnership, employment, or agency or mandate relationship exists between us and you as a result of these Terms or your use of the Service.

Entire Agreement – These Terms, as amended from time to time, including any and all documents, applications, rules, terms and policies referenced herein, and any other agreements entered into between us and you, as applicable, constitute the entire agreement between us and you with respect to the matters referred to in these Terms and the Service, and supersedes all prior and contemporaneous agreements and understandings, whether electronic, oral or written, between us and you with respect to such matters.

Revisions and/or Changes

These Terms were last updated on December 12, 2022. We reserve the right in our sole and absolute discretion to revise and update these Terms from time to time. We will occasionally update these Terms and revise the “last updated” date appearing in this paragraph.

To ensure that these Terms are up to date and in compliance with applicable laws, we reserve the right to make changes, which will become effective 30 days following our providing notice thereof. If we make any material changes, we will either (a) notify you by email (sent to the email address listed in your account), or (b) provide a notice on the Service or otherwise through the Service before the change becomes effective. Any change to these Terms will apply the date that the updated Terms is posted or on the date as specified in the notification, whichever is sooner. We encourage you to periodically review this page for the latest information to ensure you are aware of any changes. Your continued use of the Service signifies your acceptance of any changes to these Terms.

Contact Us

You can direct any questions, concerns, or complaints regarding our compliance with these terms by emailing info@algosolutions.com.