WELCOME TO WWW.INCREMENTONE.COM (THE "WEBSITE"). INCREMENT ONE CONSULTING LTD ("IncrementOne"), GRANTS YOU ACCESS TO ITS WEBSITE CONDITIONED ON YOUR ACCEPTANCE OF THE TERMS,CONDITIONS AND NOTICES CONTAINED HEREIN (THE "TERMS OF USE"), TOGETHER WITH OUR COOKIE POLICY, PRIVACY POLICY, TERMS OF SALE AND ANY OTHER DOCUMENTS REFERRED TO HEREIN.
1. YOUR ACCEPTANCE OF TERMS
Please read these Terms of Use and IncrementOne's Privacy Policy carefully. By using the Website, on any computer, mobile phone, tablet, console or other devices, you agree to these Terms of Use, and you consent to the collection, use and disclosure of information as described in these Terms of Use and our Privacy Policy. If you do not agree to these Terms of Use and the terms and conditions of our Privacy Policy, you may not access or use the Website.
IncrementOne can change these terms at any time by posting updated Terms of Use on the Website or by sending registered users an email notice of the changes. If any modification is unacceptable to you, you shall cease using the Website. If you do not cease using the Website, you will be deemed to have accepted the change. These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with IncrementOne or its affiliates for other products or services.
Notwithstanding anything else to the contrary contained in these Terms of Use, IncrementOne’s use of any personally identifiable information (name, etc.) you provide via the Website shall be governed by our Privacy Policy. For further information regarding IncrementOne’s protection of your personal information, please refer to our Privacy Policy.
2. PERMISSION TO USE THE WEBSITE
The Website may be accessed and used only by individuals who can form legally binding contracts under applicable laws, who have reached the age of majority where they live, and who are not barred from using the Website under applicable laws.
The Website is provided solely as a convenience to you for non-commercial use. You may access and use the Website only in accordance with all applicable laws and regulations and with these Terms of Use.
3. OWNERSHIP, COPYRIGHT AND TRADEMARK
The Website (content, page headers, custom graphics, button icons, and scripts as well as the presentation, arrangement, coordination, enhancement and selection of such and other information in text, graphical, video and audio forms, images, icons, software, designs, applications, data, and other elements available on or through the Website) is the sole property of IncrementOne and/or its licensors and are protected by patent, copyright, trademark and other intellectual property laws and may not be used except in accordance with these Terms of Use or with IncrementOne's express written consent. The Website is made available to you for your lawful, personal use only. You may use the Website only in the manner described expressly in these Terms of Use and subject to all applicable laws. Using the Website for any other purpose or in any other manner is strictly prohibited.
You may print Website pages provided that you do not modify any of the pages and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers.
The Website may not be copied, imitated, or used, in whole or in part, without the prior written permission of IncrementOne.
IncrementOne respects the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Website, please contact IncrementOne via email at customerservice@incrementone.com.
4. SUBMISSIONS
You acknowledge that you are responsible for the information, profiles, goals, opinions, messages, comments, photos, videos, product or services feedback or ideas and any other content or material that you submit, upload, post or otherwise make available on or through the Website (each a "Submission") and through the services available in connection with the Website, and that you, and not IncrementOne, have full responsibility for each such Submission you make, including its legality, reliability, appropriateness, and trademark, copyright and other intellectual property ownership. You represent that the posting and use of your Submission does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; you agree to pay for all royalties, fees and any other monies owed by reason of Submission you post; and you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.
Unless otherwise explicitly stated herein or in the IncrementOne Privacy Policy, you agree that any Submission provided by you in connection with the Website is provided on a non-proprietary and non-confidential basis. You agree that IncrementOne is free to use a Submission for the purpose of providing you and others with use of the Website and their functionality and providing you with the associated products and services, and, unless the rights in such submission are assigned to IncrementOne under these Terms of Use, you grant IncrementOne a sub-licensable, transferable, perpetual, non exclusive, worldwide, royalty-free license to (in any media, whether now known or not currently known or invented) link to, utilize, use, publicly perform, publicly display, reproduce, distribute, edit, adapt, modify and prepare derivative works of the Submission.
IncrementOne prohibits crawling, scraping, caching or otherwise accessing any content on the Website via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with IncrementOne's express consent).
5. LINKING TO OUR WEBSITE
You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the home page. We reserve the right to withdraw linking permission without notice, for any or no reason. The website from which you are linking must comply in all respects with these Terms of Use.
6. VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse our Website by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Website, the server on which our site is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial or service attack or distributed denial or service attack. We will report any such breach to the relevant law enforcements authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.
7. LINKS TO THIRD-PARTY WEBSITE
The Website may contain links to websites and other resources operated by third-parties other than IncrementOne. Such links are provided solely as a convenience to you. IncrementOne does not control such websites, and is not responsible for the content, products, services or information offered by any third-parties. The inclusion of links to such websites on the Sites does not imply any endorsement of any website or the content, products or services offered, advertised, endorsed or promoted by any third-party, or of any company or person. If you decide to access any third-party websites or acquire any third-party products or services, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third-parties.
8. WARRANTIES, DISCLAIMER AND LIMITATION OF LIABILITY
The Website, Submissions and any content provided via the Website, including links, are provided on an "as is" and "as available" basis with no warranty of any kind. To the maximum extent permitted by law, IncrementOne disclaims all representations, warranties and conditions, expressed or implied, with respect to the Site, Submissions, the content and any products or services, including, without limitation, title, non-infringement, freedom from errors, omissions, computer viruses or other malicious or unauthorized code or programs, and implied warranties or condition arising from course of dealing or course of performance. In addition, IncrementOne does not represent or warrant that the Website, Submissions, content or any products, services or any other information accessible via the Website is secure, accurate, complete or current. As a condition of your use of the Site, you warrant to IncrementOne that you will not use the Website for any purpose that is unlawful or prohibited by these Terms of Use.
Nothing in these Terms of Use shall affect your legal rights under applicable consumer laws.
In addition, the Website may contain typographical errors or inaccuracies and may not be complete or current. IncrementOne therefore reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at anytime without prior notice. Please note that such error, inaccuracies or omissions may relate to pricing and availability, and to the extent permitted by applicable law, IncrementOne reserves the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information.
In addition, if an item becomes unavailable for whatever reason after an order is accepted, IncrementOne may terminate the order by giving you written notice. In such event, IncrementOne will contact you to arrange for a refund or provision of credit against a future purchase.
IncrementOne and its parent, affiliates, subsidiaries, officers, directors, employees, agents, licensors and third party partners will not be liable for any indirect, special, punitive, incidental, exemplary, multiplied or consequential damages, lost profits or revenues or failure to realize expected savings, or any damages whatsoever, whether or not such party has been previously advised of the possibility of such damages, whether under contract, tort (including negligence) or any other theory, including, without limitation, arising out of or in connection with any loss or other damages in connection with any unavailability or nonperformance of the Site, errors, omissions, viruses and malicious code, unless such loss or damages are caused directly by IncrementOne's fraud, recklessness, gross negligence or negligence. These limitations will apply notwithstanding any failure of essential purpose of any limited remedy.
9. GOVERNING LAW
All litigation, court proceedings, arbitration proceedings, mediation proceedings, lawsuits, court hearings and other hearings or actions initiated in connection with the Website, and/or the Content must and will be held exclusively in Vancouver, BC, Canada. These Terms of Use and the relationship between you and IncrementOne will be governed by the laws of the province of British Columbia, Canada, and the federal laws of Canada applicable therein, without giving effect to principles of conflict of laws of any jurisdiction. The International Sale of Goods Act of British Columbia and the United Nations Convention on Contracts for the International Sale of Goods will not apply in any way to these Terms of Use or to the transactions contemplated by these Terms of Use.
10. OTHER MATTERS
If any provision of these Terms of Use is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality or unenforceability will not affect the effectiveness or validity of any provision in any other jurisdiction, and these Terms of Use will be reformed, construed and enforced in such jurisdiction as if such provision had never been contained herein. Any headings or titles herein are for convenience only.
The official language of these Terms of Use exclusively shall be, and all communications and agreements between IncrementOne and you and any proceedings in connection with these Terms of Use and/or your use of the Website exclusively shall be made, in the English language. IncrementOne and you waive any rights we may have under any other law to have these Terms of Use written in another language, and any translation of these Terms of Use will be for convenience only.
You consent to receive electronic communications from IncrementOne either in the form of email sent to you at the email address listed on your account or by communications posted on the Website and for any purpose. You acknowledge and agree that any electronic communication in the form of such email or posting on the Website shall satisfy any legal requirement that such communication be in writing.
You agree that IncrementOne may use and/or disclose information consistent with its Privacy Policy.
11. CONTACT
If you have any questions, concerns or complaints regarding these Terms of Use you may contact us at customerservice@incrementone.com
