Terms & Conditions

Terms & Conditions Definitions
Title & Use
Compliance
Related Software
Accuracy
Delays
Indemnification
Charges
Limitation of Liability
Remedies
Changes
General

Terms & Conditions

I AGREE THAT:

1. DEFINITIONS

"Government program" means a program authorized or maintained by a government body. Some examples of databases maintained by Government programs are ONBIS (the Ontario Business Information System) maintained by the Ministry of Consumer and Business Services of Ontario and PPSR (Personal Property Security Registration), maintained by ISC (Information Services Corporation of Saskatchewan); and NUANS™ (the Newly Upgraded Automated Name Search System), a computer database under the authority of Industry Canada.

"Services" means products or services provided from time to time by Telematics-Online and, for greater certainty includes: a search of a record or index, a copy of information, a certificate, a filing or registration, or a request for supplies and "Service Request" means a request to Telematics-Online to provide a Service.

2. TITLE AND USE OF TELEMATICS-ONLINE ACCESS AND PRODUCTS

Telematics-Online owns all right, title and interest in the software, databases and material used by it to provide its Services to me including copyright, intellectual property and other proprietary rights, subject only to the ownership of any Government program database that Telematics-Online is accessing in order to provide the Services requested by me.

My access to Telematics-Online or its Services is limited to the processing of Service Requests made by me. I shall not use or knowingly permit or assist any other person to use the access:

in a computer service or timesharing business;
to create a database in an electronic or other format or for the purpose of data aggregation or dissemination (other than for my internal archival use);
for the purpose of commercial resale of the responses except to resell the exact response received by me from Telematics-Online, without altering its contents by adding to the contents or co-mingling other data with them;
to develop, in whole or in part, a duplicate of Telematics-Online database or any Government database;
to file or register information that is false or misleading.

I will not alter the form (either in content or layout) or the result of any Service.

I am entirely responsible for maintaining the confidentiality and security of account name, login and password. I am responsible for any and all activities that occur under my access.

I agree to notify Telematics-Online immediately of any unauthorized use of my access to it or any other breach of security.

Telematics-Online may terminate my access to it without warning to me, if I breach any of the terms and conditions set out here.

3. COMPLIANCE WITH TERMS OF GOVERNMENT PROGRAM

I will comply with any terms and conditions imposed by any Government program upon end-users accessing its product through Telematics-Online.

Where a Government program requires that certain equipment or supplies be used (for example, where NUANS™ requires that its reports be printed on paper with NUANS™ terms and conditions on the reverse), it is my responsibility to obtain and use such equipment or supplies.

4. EQUIPMENT AND RELATED SOFTWARE

I am entirely responsible for obtaining, installing, maintaining and operating, at my own expense, all the computer equipment, supporting software and any services such as access to the Internet, required to process Service Requests and obtain Services from Telematics-Online. I acknowledge that Telematics-Online is not responsible for any performance deficiencies due to my equipment or network or my Internet access nor is it responsible for ensuring that my equipment is protected against viruses.

5. ACCURACY OF SERVICES

I am entirely responsible for the formulation, accuracy and completeness of both any Service Requests and the consequent Service. It is my responsibility to determine which Services I desire, to accurately make the Service Request and to review the Services received.

I acknowledge that both Telematics-Online and any Government program are either recording information provided by me, or providing me with information already contained in their respective databases and that neither Telematics-Online nor any Government program makes any representation or warranty as to the suitability, correctness, accuracy, completeness, timeliness or reliability of the information, or the use or the results of the use of the Services, or that they will be merchantable or fit for any purpose.

Telematics-Online will not be responsible for unauthorized access to or alteration of my Service Requests or Services, or for them not being transmitted or received.

6. DELAYS IN PROCESSING SERVICE REQUESTS

I acknowledge that:

the processing of Service Requests is subject to availability of both my access to Telematics-Online and access by Telematics-Online to any Government program database;
Telematics-Online will use reasonable efforts to process Service Requests and provide Services in an expedient manner, but: reserves the right to schedule the work in such a manner as will, in its opinion, improve the efficiency of its service or, upon notice if it is not an emergency, to temporarily interrupt access to itself to service or make changes to its equipment configuration, methods and rules of operation, accessibility periods, client identification procedures, or system software if, in its opinion, such change or modifications are necessary as part of its contractual agreement with a Government program or desirable to improve its Services;
Telematics-Online does not represent that access to it will not be interrupted and assumes no responsibility for any interruptions in access to it or delays in processing of Service Requests or Services;
if I intend to obtain data from a Government program database Service through Telematics-Online and disseminate it to anyone, I will advise the third party of these limitations.

7. INDEMNIFICATION

I agree to indemnify and hold Telematics-Online harmless from any claim, demand or damages, including reasonable lawyers' fees on a solicitor and own client scale, asserted by any third party or Government program due to or arising out of my access to Telematics-Online or my use of the Services.

8. CHARGES

Each Monday, Telematics-Online shall send you an electronic statement for Service Requests made for the preceding week. For each Service Request made by me or under my access to Telematics-Online, I will pay Telematics-Online, the processing fee for the Service set out in the applicable fee schedule (as amended from time to time), plus any disbursements paid by Telematics-Online to any Government program in order to process the Service Request, plus any applicable taxes (the total of these items being called "the Charges"). I will pay the Charges in accordance with the terms of payment for the services I have chosen.

If I wish to dispute the amount of Charges payable to Telematics-Online, I shall give Telematics-Online written notice within five (5) business days after the date that Telematics-Online invoice is received or my account debited, failing which the Charges will be deemed to be accurate. Any notices by me to Telematics-Online shall be in writing and may be given by personal delivery, or sent by electronic mail with "receipt requested", or sent by electronic facsimile, or mailed by prepaid registered mail, or delivered by courier services, to the address for Telematics-Online shown on its website. Notices shall be deemed to have been received: on the date of personal delivery or the date of delivery by courier service; the business day following the date of facsimile transmission or electronic mail transmission; or the third (3rd) business day after the date of mailing by ordinary or registered mail.

I shall pay to Telematics-Online any costs, including reasonable lawyers' fees on a solicitor and own client basis, incurred by it in collecting any amounts owed to it by me.

9. LIMITATIONS OF LIABILITY

In no event will I hold either Telematics-Online or the Government database liable for damages, including any loss of profits or other incidental or consequential damages arising out of my use or inability to use the Telematics-Online website, make Service Requests or obtain Services or for inaccurate or out-of-date information contained in the Telematics-Online or Government database.

10. LIMITATIONS OF LIABILITY/REMEDIES

In no event shall Telematics-Online or a government program be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of access to it or the services provided by it, with the delay or inability to obtain services, the provision of or failure to provide services, or for any inaccurate or out-of-date information, products, services and related items obtained through its services, or otherwise arising out of the use of its services, whether based on contract, tort, negligence, strict liability or otherwise, even if Telematics-Online or the Government program has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to me, so if I am dissatisfied with any portion of the service, or with any of these terms of use, my sole and exclusive remedy is to discontinue using Telematics-Online services.

Telematics-Online sole liability in the event that I am required to resubmit an identical Service Request because of technical failure of Telematics-Online to process the first Service Request, shall be the waiver of its processing fee with respect to the second Service Request, provided that in all such cases Telematics-Online shall not be liable for any failure due to a cause beyond its control, including without limitation, acts of God, riots, and insurrections. In no event shall Telematics-Online be liable for any damages exceeding the value of the Charges of the initial Service Request or for consequential damages.

11. CHANGES

Telematics-Online may from time to time, amend its fees or the terms and conditions for access to its Services upon notice. The notice may be made by amending the appropriate screen on Telematics-Online website which I access for Services. If I make a Service Request after Telematics-Online has amended the screen, I will be deemed to have accepted the amended fee structure or the amended terms and conditions.

12. GENERAL

The laws of the Province of Saskatchewan, Canada and Canada govern this agreement.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Any cause of action arising out of or related to Telematics-Online Services must commence within one year after the cause of action arose; otherwise such cause of action is permanently barred.