4. Your Consent to Monitoring Services
PLEASE READ THIS SECTION CAREFULLY AND THOROUGHLY
4.1 We will provide monitoring services of the email address and mobile phone number you provide.
4.3 Your Consent. You acknowledge that by purchasing BOXX CyberSafe, you agree that the provision of any monitoring is in accordance with these Terms
5. Your Responsibilities
PLEASE READ THIS SECTION CAREFULLY AND THOROUGHLY
5.1 Your Cooperation: To receive service or support, you agree to (i) your name, email address (where available) and mobile phone number registered with Housing.com being provided to BOXX, and (ii) to adhere to any reasonable requests and instructions we may provide to you in our professional discretion and expertise.
5.2 General Warranties: (a) You agree that your purchase of BOXX CyberSafe, your agreement to these Terms, and your performance of your obligations under these Terms will not and are not likely to (i) result in a breach of, or give any third party a right to terminate or modify or result in the creation of any encumbrance under any agreement, license or other legal instrument or (ii) result in a breach of any applicable laws, order, judgment or decree of any court, government agency or regulatory body to which you are a party or your assets are bound. (b) You agree that except as expressly provided under these Terms or the other terms and conditions referenced herein, there are no conditions, warranties or other terms binding on you and us with respect to the services contemplated under these Terms. Any condition, warranty or other term in this regard that might otherwise be implied or incorporated under these Terms whether by the applicable laws or otherwise is, to the maximum extent permitted by applicable laws, excluded from these Terms.
5.3 Your Use. You shall, (a) use BOXX CyberSafe in full compliance with these Terms; (c) use BOXX CyberSafe in accordance with all applicable laws and government regulations (including any local laws to which you are subject); (d) not make BOXX CyberSafe available to any unauthorized third party, and promptly inform BOXX in the event of any suspected unauthorized access to or use of BOXX CyberSafe; (e) not create or attempt to create any substitute service or service similar to BOXX CyberSafe, by use of, reference to or access to, BOXX CyberSafe or any of BOXX’s Intellectual Property Rights; (f) not sell, lend out, lease, transfer, assign, sublicense, distribute or permit access or use of BOXX CyberSafe, or any part thereof, to any third party without our prior written approval; (g) not interfere with, or disrupt the integrity or performance of BOXX CyberSafe or any third party data contained therein; (h) not attempt to gain unauthorized access to BOXX CyberSafe or its related systems or networks; and (i) not decompile, disassemble, or reverse-engineer the software included in BOXX CyberSafe, subject to what follows from applicable law.
5.4 Your Indemnity. (a) You expressly agree and acknowledge that in the course of any service provided, BOXX is reliant on your obligations, representations and warranties set out in this Section 5 to ensure that among others, we are not perpetuating wrongful acts. (b) You agree to promptly indemnify, defend and hold harmless BOXX and its officers, employees and agents (“BOXX Personnel”) from any and all losses incurred by BOXX or BOXX Personnel arising directly or indirectly from or in connection with or relating to breach of (i) Sections 4 to 5.4, (ii) fraud, (iii) willful misconduct or (iv) willful negligence by you.
6. Limitation of Liability
To the maximum extent permitted by applicable laws, BOXX and BOXX Personnel or those working on our behalf , will under no circumstances be liable to you for any indirect or consequential damages, including, but not limited to, the costs of recovering, reprogramming, or reproducing any program or data or the failure to maintain the confidentiality of data, any loss of business, profits, revenue or anticipated savings, resulting our obligations under BOXX CyberSafe and/or these Terms.
To the maximum extent permitted by applicable laws, the limit of BOXX and any BOXX Personnel (including those working on our behalf)’s liability to you and any subsequent owner arising under this BOXX CyberSafe and/or these Terms shall not exceed the original price paid for BOXX CyberSafe (whether by you or a third party).
We will not be held liable for any direct, indirect, or incidental damages resulting from monitoring, provided it is conducted in accordance with the terms of this agreement.
All requests for cancellations and refunds are handled by Housing.com. You should contact Housing.com directly to request a cancellation or refund.
8. Intellectual Property Rights
8.1 “Intellectual Property Rights” means Intellectual Property Rights means all copyrights and related rights, design rights, registered designs, patents, trademarks and service marks (registered and unregistered), trade secrets, database rights, know-how, rights in confidential information and all other intellectual property rights throughout the world for the full term of the rights concerned, including any derivative works incorporating any of the foregoing that may be created or developed in connection with these Terms.
8.2 All Intellectual Property Rights subsisting in, and relating to or arising out of BOXX CyberSafe, including all software, technology and content, are owned by and vest in BOXX and/or its licensors, including all developments and enhancements made to the aforementioned. You acknowledge and agree that no rights, title, or interest in or to BOXX CyberSafe or any related BOXX Intellectual Property Rights are assigned or transferred to you under these Terms.
8.3 The monitoring results generated under the Agreement are your data and shall be owned by you, however excluding any BOXX or open-sourced Intellectual Property Rights included therein (including but not limited to software, copyrighted works, know-how and trade secrets.
8.4 You grant to BOXX a non-exclusive, sub-licensable, royalty-free, worldwide, perpetual and irrevocable license to freely use any data generated as a result of your use of BOXX CyberSafe, in anonymized and aggregated form only, for commercial purposes including sharing with any third parties, provided that your confidentiality is maintained, and such material is disclosed in a form which is not capable of being reverse engineered.
8.5 If you submit feedback about BOXX CyberSafe to BOXX, including comments and ideas on how to improve the foregoing, all such feedback will constitute confidential information of BOXX and will be the sole and exclusive property of BOXX. You hereby irrevocably assign and transfer to BOXX all your rights, title and interest in and to all feedback including all Intellectual Property Rights therein.
9. General Terms
9.1 BOXX may subcontract or assign performance of its obligations to third parties but shall not be relieved of its obligations to you in doing so.
9.2 BOXX is not responsible or liable for any failures or delays in performing our obligations under these Terms or BOXX CyberSafe that are due to events outside of our reasonable control. Such events specifically include (but are not limited to) acts of war and terrorism and any cyber operations carried out in the course of war or terrorism. These would include cyber operations that have been attributable to a state or terrorist group (or those acting on their behalf) by reputable sources or where there is reasonable evidence to imply such attribution. Reputable sources include but are not limited to the defending or victim state or industry leading open-source intelligence sources such as the US National Institute of Standards and Technology (NIST).
9.4 We have security measures, which should protect your data against unauthorized access or disclosure as well as unlawful destruction. You will be responsible for the instructions you give to us regarding the processing of data in the event of a Cyber Security Incident, and BOXX will seek to comply with those instructions as reasonably necessary for the performance of our services and obligations under these Terms and BOXX CyberSafe.
9.5 These Terms and the other terms and conditions referred to herein, and the Confirmation, shall prevail over any conflicting, additional, or other terms of any purchase order or other document, and constitute yours and our entire understanding with respect to BOXX CyberSafe.
9.6 We reserve the right to change, modify, or amend these Terms at any time to reflect changes in our practices and service offerings. If we modify our Terms, such changes will be effective upon posting. It is your obligation to check our current Terms for any changes. These Terms may only be modified in writing. Any ambiguities in the interpretation will not be construed against the drafter.
9.7 Our Services, including our website, are intended only for users over the age of eighteen (18). We do not target our Services to minors, who are under thirteen (13) (or a higher age threshold where applicable). You agree that you are not under thirteen (13) years of age. We do not intend to collect or process any information from anyone under the age of thirteen (13). If we become aware that a user is under thirteen (13) (or a higher age threshold where applicable) and has provided us with information, we will take steps to comply with any applicable legal requirement to remove such information. Contact us if you believe that we have mistakenly or unintentionally collected information from a person under the age of thirteen (13).
9.8 Jurisdiction: We control and operate Services from our headquarters in Canada and the Content and features may not be appropriate or available for use in other locations. As such you agree that all matters relating to the access to, or use of, this Service shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without reference to its conflict of laws principles, and that you will comply with all such applicable laws. Any dispute between us and you or any other person arising from, in connection with or relating to this Service, these Terms, any transaction through this Service or any related matters must be resolved before the Courts of the Province of Ontario, Canada, and you hereby irrevocably submit and attorn to the exclusive jurisdiction of those Courts in respect of any such dispute.