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These Terms and Conditions contain the terms and conditions governing access to and use of the clearsource.ca website, our ClearSource vendor management and purchasing platform, and any and all services offered by Oggi (the “Services”), whether provided by or through our software and any and all other computer program(s), component(s) and module(s) offered by us and used by you and by or through the clearsource.ca website or affiliated sites providing Oggi services (the clearsource.ca website, together with all of the foregoing uses and services, is hereinafter referred to as the “Site”).

This Site is operated by Oggi Technologies Ltd. (“Oggi”), and/or its affiliates, licensors, licensees, and/or agents. Unless stated otherwise, these ClearSource Terms and Conditions (the “Terms and Conditions”) apply to all pages of the Site, and, unless otherwise stated thereon, to any other Oggi website you access by or through the Site.  In these Terms and Conditions, the words “we”, “We”, “our”, “Our”, “Us”, and “us” refer to Oggi.

Your access to and use of this Site is subject to all applicable laws and regulations which apply to this Site, as well as these Terms and Conditions. Your accessing of this Site and/or your use of this Site constitutes acceptance of these Terms and Conditions without reservation, limitation or qualification.

BY APPLYING TO JOIN OGGI’S WAITLIST, BY SIGNING UP USING THE SITE, OR BY MAKING ANY OTHER USE OF THE SITE, YOU AGREE AND CONSENT TO THE PRACTICES AND POLICIES DESCRIBED IN THESE TERMS AND CONDITIONS, YOU ARE SUBMITTING YOUR ACCEPTANCE TO THESE TERMS AND CONDITIONS AND ARE AGREEING TO BE BOUND BY AND BE A PARTY TO THESE TERMS AND CONDITIONS.  IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT APPLY TO JOIN OGGI’S WAITLIST OR OTHERWISE SIGN UP FOR THE SITE OR FOR ANY SERVICES THROUGH THE SITE.

Changes to These Terms and Conditions

Oggi may, at any time and from time to time at its sole discretion, update, revise, supplement, replace, and/or otherwise modify these Terms and Conditions and/or impose new or additional rules, policies, terms, or conditions on You.  Such updates, revisions, supplements, replacements, modifications, and additional rules, policies, terms, and conditions (collectively referred to as “Revised Terms”) will be effective immediately upon the Revised Terms being posted to the Site or by Oggi otherwise making them available to You (as the case may be).

In particular, when Oggi launches its vendor management and purchasing platform, Oggi will post Revised Terms governing your use of Oggi’s ClearSource vendor management and purchasing platform to the Site, or will otherwise make them available to You.  Any continued use of the Site, and/or the ClearSource vendor management and purchasing platform, following such posting of the Revised Terms to the Site or by Oggi otherwise making them available to You (as the case may be), will be deemed to constitute acceptance of the Revised Terms.

Confidential Information and Privacy

 Unless encrypted, information sent or received over the Internet is insecure and Oggi cannot and does not make any representation, warranty or promise concerning the interception by third parties of your personal or other information. Oggi will not be responsible for any damages you or any third party may suffer as a result of or in connection with the transmission of any information from or to Oggi through this Site.

Oggi will collect, use and disclose your personal information in accordance with Oggi’s Privacy Policy, which is available at ____________ [insert URL of Privacy Policy]. As defined more particularly in our Privacy Policy, “Personal Information” is defined as personally identifiable information, or any information that identifies you as an individual. It includes information that you provide to Oggi or that Oggi collects from any third party. Our Privacy Policy is a part of and is incorporated into these Terms and Conditions.  In the event of any inconsistency between these Terms and Conditions and the Privacy Policy with respect to the collection, use and disclosure of your personal information, the Privacy Policy shall govern.  If you have any questions about the collection, use or disclosure of your Personal Information, please contact Oggi at: privacy@oggitech.ca.

Account Administration

You may register an account with Oggi to enable you to use features of the Site.  You agree to provide accurate, current, and complete information required to register or create an Account, and whatever information relating to You is required in connection with the Site and the associated software and services (the “Registration Data”). You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete.  You are solely responsible for controlling access to your Account, and maintaining the confidentiality and security of your Account and related password information. You must not use any other person’s account, and You must not allow any login password or username for your Account to be used by multiple users or individuals.

Oggi reserves the right, for any reason, in its sole discretion, to terminate, change, amend, or suspend an Account. Oggi may impose limits on all or certain features of or services made available through the Site, or restrict your access to part or all of your Account, without notice or liability.

Consent to Communications

By providing us with your contact information and using the Site, you agree to receive communications via e-mail and/or social media from or on behalf of Oggi at the email address you provide.  You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

Product Description

Oggi’s statements regarding its goods and product and service offerings are subject to local laws, regulations and obtaining the necessary regulatory approvals and authorizations. Information and representations on the Site are subject to changes, as set out in the section entitled ‘Changes to These Terms and Conditions’ above, or withdrawal without notice at Oggi’s sole discretion. Information on this Site should not be relied on in making a purchasing decision. This information is not an offer, commitment, promise or legal obligation to deliver any material, code or functionality. Information about potential future products in Canada may or may not be incorporated into any future contract. The development, release and timing of any release of Oggi’s vendor management and purchasing platform, and any other products in Canada, remain at the sole discretion of Oggi.

Cookies

You acknowledge and agree that Oggi may store personal and certain other information about you on your computer in the form of “cookies”. Such use of cookies is solely in connection with the operation of the Site. You acknowledge and agree that if you prohibit or restrict the placement of cookies on your computer, such prohibition or restriction may have an adverse effect on your use of the Site.

No Warranty

The information posted by the Site operator on this Site is believed to be accurate when posted, but is not warranted or represented in any way to be so. Any use or reliance on such information is at your own risk. Your access and/or use of this Site is strictly on an “as is” basis, and you must not assume that this Site will be error free or that it will operate without interruption or as intended.

Your use of and browsing in this Site are undertaken at your own risk. Neither Oggi, nor any of its directors, officers, employees, or agencies, nor any other party involved in the creation, production, delivery or operation of this Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to or use of this Site or any consequences flowing therefrom, including, without limitation, computer viruses which may infect or other damages which may occur to your computer equipment or other property as a result of your access, use of or browsing in this Site or your downloading of any materials, data, text, images, video or audio from this Site.

Without limiting the generality of the foregoing, everything on this Site is provided to you without any warranty or representation of any kind, whether expressed or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose or any purpose, non-infringement or any other warranties which may be implied according to the laws of any jurisdiction including your jurisdiction, unless in your jurisdiction the exclusion of some or all of such expressed or implied warranties is not permitted or is restricted, in which case all such expressed or implied warranties are excluded to the fullest extent permitted by law in your jurisdiction.

Interpretation and Entire Agreement

Any reference to “agree”, “agrees”, “represent”, “represents”, “acknowledge”, “acknowledges”, or any “acknowledgement” by you in these Terms and Conditions, shall refer in all cases to your acceptance of these Terms and Conditions through making use of the Site, by signing up to join Oggi’s waitlist for Oggi’s vendor management and purchasing platform, or by making any other use of the Site.  These Terms and Conditions constitute the entire and only agreement between us and you with respect to the subject matter hereof.

No Waiver

Our failure to enforce or insist upon strict compliance with any provision of these Terms and Conditions shall not be deemed a waiver of such provision nor of the right to enforce such provision.

Choice of Language

The parties acknowledge that they require that these Terms and Conditions be drawn up in the English language only.  Les parties reconnaissent qu’elles ont exigé que la présente convention soit rédigée en langue anglaise seulement.