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ACCEPTANCE OF TERMS
The Oscar Project website is operated and owned by PiiComm Inc. (hereinafter sometimes referred to as “PiiComm”). Throughout the site, the terms “we”, “us” and “our” refer to PiiComm Inc. PiiComm Inc. offers this website and shopping Platform, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
This Agreement (the “Agreement”) is a binding legal agreement between you and PiiComm Inc.(“PiiComm). PiiComm provides an online Platform (the “Platform”) that connects customers/users seeking a product or service (“Customer”). This Agreement governs your use of the websites, applications, and other offerings from PiiComm.
By using or otherwise accessing the Platform and Web Site, or clicking to accept or agree to this Agreement, you (1) accept and agree to the terms of this Agreement and disclaimers posted on the Platform or about which you are notified; and (2) consent to the collection, use, disclosure, and other handling of information as described in our Privacy Policy.
Please review our Privacy Notice, which also governs your use of our Services, to understand our practices and privacy policies you hereby accept.
All references to “you” or “your,” as applicable, means the person who accesses, uses, and/or participates in the Platform in any manner, and each of your heirs, assigns, and successors. If you use the Platform on behalf of an entity, you represent and warrant that you have the authority to bind that entity, your acceptance of this Agreement will be deemed an acceptance by that entity, and “you” and “your” herein shall refer to that entity, its directors, officers, employees, and agents. By visiting our site and/ or purchasing something from us, you engage in our “Services” and agree to be bound by the terms and conditions herein (“Terms of Service”, “Terms”, “General Terms and Conditions”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink on our web site, including on the Shopify platform. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service.
If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
TERMS AND CONDITIONS
PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY. THIS SERVICE AGREEMENT (THE “AGREEMENT”) IS BETWEEN PIICOMM INC. (hereinafter referred to sometimes as “PIICOMM”) AND YOU as THE CUSTOMER IDENTIFIED IN THE ONLINE ACCOUNT REGISTRATION PROCESS (THE “CUSTOMER”). PIICOMM and CUSTOMER ARE SOMETIMES REFERRED TO HEREIN TOGETHER AS THE “PARTIES” AND INDIVIDUALLY AS A “PARTY”.
BY CLICKING AN “I ACCEPT” BUTTON, OR BY RECEIVING THE SERVICES (WHICHEVER OCCURS FIRST, THE “EFFECTIVE DATE” OF THIS AGREEMENT), CUSTOMER AGREES TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND REPRESENTS AND WARRANTS TO PIICOMM THAT IT HAS READ THIS AGREEMENT AND UNDERSTANDS IT FULLY AND COMPLETELY. THE INDIVIDUAL CLICKING “I ACCEPT”, OR BY RECEIVING THE SERVICES, AND CONSENTING TO THIS AGREEMENT REPRESENTS AND WARRANTS THAT HE/SHE IS AT LEAST 18 YEARS OF AGE, AND THAT HE/SHE HAS FULL LEGAL AUTHORITY TO BIND THE CUSTOMER TO THIS AGREEMENT. FURTHER, THE INDIVIDUAL CLICKING “I ACCEPT”, OR BY RECEIVING THE SERVICES AND CONSENTING TO THIS AGREEMENT REPRESENTS AND WARRANTS THAT HE/SHE IS THE LEGAL OWNER OF THE ITEM, DEVICE OR MOBILE DEVICE (ALSO REFERRED TO AS THE “MATERIAL” HEREIN) THAT WILL BE DELIVERED TO PIICOMM FOR RECYCLING OR DISPOSAL.
BY CLICKING AN “I ACCEPT” BUTTON, OR BY RECEIVING THE SERVICES (WHICHEVER OCCURS FIRST, YOU THE CUSTOMER AGREES TO PURCHASE THE ‘SERVICES” AS DEFINED IN THIS AGREEMENT:
Ability to Contract – Account Creation
You hereby represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement and to abide by and comply with this Agreement. Only individuals who are at least 18 years old and can form legally binding contracts under applicable law are permitted to apply for an Account and purchase a Good or Service from PiiComm using the Platform.
Age of Majority – Exception
Persons under the age of 18 may not use this Platform or open an account. PiiComm sells its Services to adults who can purchase the Services or Goods with a valid credit card or other permitted payment method. If you are under the age of majority in your province or territory of residence, you may use the PiiComm Services only with involvement of a parent or guardian and with their express consent, authority and supervision.
ACCOUNT REGISTRATION
You may choose to create an Oscar Project account to access certain Services, and you might be required to be logged into the account and have a valid payment method linked to it. If there is an issue charging your chosen payment method, we may charge any other valid payment method associated with your account. Visit “Your Payments” to manage your payment options. You are responsible for keeping your account and password confidential and for limiting access to your account. You agree to accept responsibility for all activities that occur under your account or password. PiiComm reserves the right, at its sole discretion, to refuse service, terminate accounts, terminate your rights to use The Oscar Project Services, remove or edit content, or cancel orders.
When You create an account, you must provide PiiComm information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account and our Service. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with a PiiComm Service or a third-party service. You agree not to disclose your password to any third party. You must notify PiiComm immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Receipt and use of the Services requires Customer’s advanced account registration on The Oscar Project website located at https://www.theoscarproject.ca. During the account registration process, Customer must specify all requested data fields including name, address and service selection which shall constitute the service details. Customer agrees that it must complete the service details as indicated in the web site prompts when agreeing to a Service.
The service details are incorporated by reference into this Agreement and governed hereby. Customer agrees to keep the account registration information and service details accurate and complete and promptly update its account registration data with the Oscar Project and PIICOMM as necessary to keep it accurate, current and complete.
GENERAL TERMS
General
These terms and conditions of sale (these “Terms“) are the only terms which govern the provision of Services (“Services“) by PiiComm Inc. (“PiiComm“) to the Customer (“Customer“). The accompanying Privacy Policy and Shipping Policy and these Terms shall (collectively, this “Agreement“) comprise the entire agreement between the parties, and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral. These Terms prevail over any provision of the Privacy Policy and Shipping Policy.
PiiComm is in the business of providing technology, management, collection, recycling and disposal services of electronic and mobile devices. PiiComm agrees to furnish Customer with the data erasure, ewaste, disposal and recycling services specified in the service details agreed to by the Customer (the “Services”). As part of the Services, Customer’s waste and recyclable materials (the “Materials”) will be delivered to PiiComm by the Customer and disposed of by PiiComm who may use third parties to assist it in the provision of its Services.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Notwithstanding anything to the contrary contained in this Agreement, PiiComm may, from time to time change the Services without the consent of Customer provided that such changes do not materially affect the nature or scope of the Services, or the fees or any performance dates set forth in the Sales Confirmation.
Delivery of and Performance of Services
The services will be delivered within a reasonable time after the receipt of Customer’s Services order. PiiComm shall not be liable for any delays, loss, or damage in transit of any Material sent to PiiComm.
Unless otherwise agreed in writing by the parties, Customer agrees and shall deliver the Materials to 635 Water Street, Plantagenet, ON K0B 1L0 (Canada) (the “Delivery Point“) using PiiComm’s standard methods for packaging and shipping such Materials as described in The Oscar Project checkout process.
PiiComm shall take delivery of the Materials when the Materials have been successfully delivered to the Delivery Point. Customer shall be responsible for packaging and securing the Materials reasonably suited for delivery and receipt of the Materials at the Delivery Point.
Until the Materials are received at the Delivery point by PiiComm, the risk of loss to the Materials shall remain with the Customer. PiiComm shall not be liable for any non-delivery of Materials even if caused by its negligence or breach of contract.
The Customer shall only deliver to PiiComm the quantity of Materials indicated in the Services information completed using the online platform.
Refusal of Service
PiiComm reserves the right to refuse Service or Services to anyone for any reason at any time.
Modification of Agreement or Service
PiiComm reserves the right, at its reasonable and sole discretion, to modify or replace the terms of this Agreement at any time. The most current version of this Agreement will be accessible through The Oscar Project website. You shall be responsible for reviewing and becoming familiar with any such modifications. If a revision to this Agreement, in our sole discretion, is material, we will notify you by contacting you either through the email address associated with your Account or through a notice on the Platform. Except as otherwise stated by PiiComm in writing, use of the Platform by you after any modification to this Agreement constitutes your acceptance of this Agreement as modified. If you do not accept the changes to this Agreement, your sole and exclusive remedy is to terminate your Account and discontinue use of the Platform.
PiiComm reserves the right at any time to modify, suspend, discontinue, or terminate, temporarily or permanently, the Platform or associated Services (or any part thereof), with or without notice.
Modification of Services and Price
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Data Encryption
As Customer, you understand and agree that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
Restrictions on Service
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
Accuracy, Completeness and Timeliness of Information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Products and Services
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product or Service pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product or service at any time. Any offer for any product or Service made on this site is void where prohibited.
Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.
Third Party Links
Certain content, products and Services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties. PiiComm shall not be liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
User Comments, Feedback and Other Submissions
If, at our request, you send certain specific submissions (for example contest entries or user experience surveys) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Personal Information
Your submission of personal information through The Oscar Project website is governed by our Privacy Policy, which can be viewed here:
Your Feedback. You assign all rights, title and interest in any Feedback you provide PiiComm. If for any reason such assignment is ineffective, you agree to grant PiiComm a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
SMS Terms
By registering for the Platform, you consent to receive communications from us, which may include calls and text messages to the cellular telephone number you provide to us. For example, we may text you with transactional alerts about your Account. You may also sign up to receive marketing or promotional calls and text messages. You may opt out of receiving certain communications by following the unsubscribe options we provide to you. You acknowledge that opting out of receiving communications may impact your use of the Platform.
Content Backups
Although PiiComm completes regular backups of content, it does not guarantee there will be no loss or corruption of data. Corrupt or invalid backup points may be caused by, without limitation, content that is corrupted prior to being backed up or that changes during the time a backup is performed. PiiComm will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of content. But Customer acknowledges that PiiComm has no liability related to the integrity of content or the failure to successfully restore content to a usable state. You agree to maintain a complete and accurate copy of any content in a location independent of the Service.
Errors, Inaccuracies and Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Delivery of the Materials shall be made in accordance with the terms on the face of the Sales Confirmation using The Oscar Project’ online Platform.
Title and risk of loss passes remains with Customer until confirmed delivery of the materials at the Delivery Point in accordance with the terms specified herein.
If PiiComm’s performance of its obligations under this Agreement is prevented or delayed by any act or omission of Customer or its agents, subcontractors, consultants or employees, PiiComm shall not be deemed in breach of its obligations under this Agreement or otherwise liable for any costs, charges, or losses sustained or incurred by Customer, in each case, to the extent arising directly or indirectly from such prevention or delay.
Inspection and Rejection of Non-Conforming Goods
PiiComm shall inspect the Materials within fourteen (14) days of receipt (“Inspection Period“). PiiComm will be deemed to have accepted the Materials unless it notifies Customer in writing of any Non-Conforming Materials during the Inspection Period and furnishes such written evidence or other documentation as reasonably required by PiiComm.
“Non-Conforming Materials” includes the following: (i) material (product) shipped is different than identified in Customer’s purchase order; or (ii) product’s label or packaging incorrectly identifies its contents; or (iii) shipping of more items that contracted for; or (iv) product is a “prohibited material”, or (v) product PiiComm deems to be a non-confirming material in its full and complete discretion.
If PiiComm notifies Customer of any Non-Conforming Goods, PiiComm may return the Materials to the Customer and Customer shall pay for all reasonable shipping and handling expenses incurred by PiiComm in connection therewith.
In addition to other prohibitions as set forth in these Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Customer shall purchase the Services from PiiComm at the cost indicated and agreed to using The Oscar Project’s online Platform for completion of Services Orders. All Prices are exclusive of all harmonized sales tax, goods and services tax, sales tax, value added tax, use and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any Governmental Authority on any amounts payable by Customer. Customer shall be responsible for all such charges, costs, and taxes as prescribed by law.
Customer shall pay in advance for Services in Canadian dollars through payment methods indicated on the Service Platform.
Services
“Services” means in this Agreement as follows: Customer agrees to the following terms and conditions regarding the use of PiiComm’s mobile device recycling and data destruction services: Customer agrees to deliver via courier service their mobile device to PiiComm who will provide the secure recycling and disposal of the mobile device or devices. Customer agrees to courier their devices to PiiComm for environmentally responsible recycling, destruction and secure data destruction. Upon receipt of the mobile devices, PiiComm will perform a thorough data wiping process using industry-leading methods to ensure complete destruction of all data. The Customer acknowledges and agrees that PiiComm is not liable for any data that was not properly erased due to inherent limitations of data wiping technology. After data destruction, PiiComm will proceed with the eco-friendly recycling and/or destruction of all components of the mobile device. This process will comply with all relevant environmental regulations and standards. Customer agrees that in some cases, data destruction may not be possible due to the device’s data not being accessible and, in this case, the Customer agrees that the device shall be destroyed and data will be destroyed through the physical destruction of the device and its components. The decision for data destruction methods, recycling and destruction of all devices shall remain at all times with PiiComm at its full and unfettered discretion. Customer remains solely liable for lost or stolen devices not delivered to PiiComm and Customer remains solely liable and responsible for the devices and data until such time as the device has been delivered to PiiComm’s secure physical location and the Customer agrees to save harmless and indemnify PiiComm from any liability in connection with the device, including data breaches, including during the delivery phase of the device from Customer to PiiComm.
License to Use Customer, Waste and Recycling Data
The online platform uses customer, waste and recycling data provided by or collected from Customer during the Agreement Term. To the extent that Customer has any rights in or to the Waste and Recycling Data, Customer unconditionally grants PIICOMM a worldwide, perpetual, irrevocable, royalty-free, fully paid, exclusive, sublicensable and transferrable right and license to use, commercially exploit, publish, reproduce, adapt, create derivative works, publicly display, publicly perform and otherwise use all Waste and Recycling Data received from the Customer and their information. This license includes the automatic transfer to PiiComm of any and all carbon tax, carbon credit, benefit or other credits available in respect of the product, material or device delivered to PiiComm.
Title to Waste and Recyclable Materials
Title to Waste and Recyclable Materials shall, at the time of collection, transfer directly from Customer to PiiComm in accordance with the terms specified herein. Notwithstanding anything to the contrary in this Agreement, title to and liability for Prohibited Materials shall at all times remain with Customer, and PiiComm shall not be deemed to own, generate, possess or control, and shall not be liable to Customer or any third party regarding any (i) Prohibited Materials, or (ii) Waste and Recyclable Materials for which PiiComm has not expressly accepted title in accordance with the terms herein.
Term and Termination
Term. The term of this Agreement begins on the Requested Service Date and ends on the date the Materials are actually delivered to PiiComm and PiiComm has either destroyed or recycled the Materials.
Termination for convenience by PiiComm. PiiComm, in its full and complete discretion, may terminate this Agreement at any time by providing three (3) days prior written notice to Customer.
Termination by Customer. Termination must occur before the Requested Service Date. Once the purchase order has been processed and Material has been delivered, the contract cannot be cancelled.
Termination for Material Breach. Either Party may terminate this Agreement upon written notice, without prejudice to any other right or remedy, if the other Party breaches this Agreement and either the breach cannot be cured or, if the breach can be cured, it is not cured by the breaching Party within 7 days after the breaching party’s receipt of written notice of the breach.
Termination for Event – Insolvency. Either Party may immediately terminate this Agreement, without prejudice to any other right or remedy, if the other Party (i) becomes insolvent, (ii) is generally unable to pay, or fails to pay its debts as they become due, (iii) files, or has filed against it, a petition for voluntary or involuntary bankruptcy or pursuant to any other insolvency law, (iv) makes or seeks to make a general assignment for the benefit of its creditors, or (v) is appointed a trustee, receiver or custodian on account of such Party’s insolvency.
Termination. In addition to any remedies that may be provided under these Terms, PiiComm may terminate this Agreement with immediate effect upon written notice to Customer, if Customer: (a) fails to pay any amount when due under this Agreement, (b) has not otherwise performed or complied with any of these Terms, in whole or in part, or (c) becomes insolvent, files a petition for bankruptcy or commences or has commenced against it proceedings relating to bankruptcy, receivership, liquidation, reorganization, or assignment for the benefit of creditors.
Termination – Discretion. If in our sole judgment and discretion you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us in accordance with this Agreement. You may terminate these Terms of Service at any time in accordance with the terms herein only by notifying us that you no longer wish to use our Services, or when you cease using our site.
Customer Obligations
Customer Obligations – Environmental Laws and Prohibited Materials. In using the Services, Customer represents, warrants and covenants to PiiComm that: (i) Customer is providing and will provide only Accepted Materials for collection, (ii) Customer is not providing and will not provide Prohibited Materials for collection; and (iii) Customer is and will remain in compliance with all Environmental Laws. Customer acknowledges and agrees that PiiComm may, from time to time, supplement, modify or otherwise change its customer policies with regard to what constitutes Acceptable Materials, Recyclable Materials and/or Prohibited Materials. Customer agrees to periodically check The Oscar Project website at https://www.theoscarproject.ca, for any such changes and to comply with any such changes. For purposes of this Agreement, those changes shall be deemed effective and incorporated into this Agreement thirty (30) days after posting on The Oscar Project’s website.
Compliance with Law. Customer shall comply with all applicable laws, regulations, and ordinances. Customer shall maintain in effect all the licenses, permissions, authorizations, consents, and permits that it needs to carry out its obligations under this Agreement.
INTERPRETATION AND MEANING
As used in this Agreement, the following terms shall have the following meanings:
“Accepted Material” means non-hazardous waste and recyclable materials but does not include non-conforming materials. Accepted Material specifically excludes Prohibited Materials and Non-Conforming Materials. PiiComm reserves the right to decline acceptance of any Material in its full and absolute unfettered discretion.
“Environmental Law” means all applicable federal, provincial and local laws and regulations and common law concerning solid or hazardous waste, toxic or hazardous substances or materials, pollution, or protection of human health and safety or the environment, that is or potentially may be infectious, biohazardous, biomedical, or any other “medical” or similar waste regulated under any Environmental Laws, including without limitation: medical wastes requiring treatment prior to disposal, “red bag” medical waste, blood-soaked bandages, culture dishes and other glassware, discarded surgical gloves, discarded surgical instruments, discarded needles (e.g., medical sharps), cultures, stocks, swabs used to inoculate cultures, removed body organs, and discarded lancets. For avoidance of doubt, Medical Waste is a Prohibited Material under this Agreement.
“Material” means mobile electronic devices and includes laptops, computers, cell phones and similar mobile devices.
“Prohibited Material” means: (a) any Alternative Materials not expressly approved in writing by PiiComm, and (b) any materials or substances that are hazardous, toxic, explosive, flammable, radioactive, infectious, or which cannot lawfully be disposed of in a landfill, including without limitation, (i) any material considered a “hazardous waste”, (ii) PCBs, (iii) asbestos, (iv) diesel fuel, gasoline, or other petroleum products or hydrocarbons, (v) Medical Waste, medications or pharmaceuticals, (vi) any other material or substance that is hazardous or toxic, and which would form the basis of any claim, under any Environmental Laws, and (vii) any waste and recycling materials contaminated by, mixed with or containing Prohibited Materials ; and (c) solely for the purposes of organics disposal, any material identified as organics material and includes any other Material PiiComm decides in its complete and absolute discretion is a Prohibited Material including any other Material that is prohibited by applicable law.
“Recyclable Material” means Materials approved by PiiComm that can be recycled, or recovered, and are not intended for disposal, provided further, however, such term specifically excludes Prohibited Materials.
LIMITED WARRANTY AND LIABILITY
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC’S CONSUMER PROTECTION ACT, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
THE PIICOMM SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS PLATFORM BY PIICOMM ARE PROVIDED BY PIICOMM ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. PIICOMM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH PIICOMM SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
PIICOMM MAKES NO CONDITION OR WARRANTY WHATSOEVER WITH RESPECT TO THE SERVICES, INCLUDING ANY (a) CONDITION OR WARRANTY OF MERCHANTABILITY; (b) CONDITION OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (c) CONDITION OR WARRANTY OF TITLE; (d) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
PIICOMM MAKES NO REPRESENTATIONS, CONDITIONS, OR WARRANTIES WITH RESPECT TO ANY THIRD-PARTY PRODUCT, INCLUDING ANY (a) CONDITION OR WARRANTY OF MERCHANTABILITY; (b) CONDITION OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (c) CONDITION OR WARRANTY OF TITLE; (d) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
IN NO EVENT SHALL PIICOMM BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS OR REVENUES, OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO THE PROVISION OF ANY PRODUCT OR SERVICE INCLUDING ANY BREACH OF THESE TERMS, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED IN ADVANCE BY CUSTOMER OR COULD HAVE BEEN REASONABLY FORESEEN BY CUSTOMER, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
IN NO EVENT SHALL PIICOMM’S TOTAL AGGREGATE LIABILITY TO THE CUSTOMER OR ANY OTHER PERSON OR ENTITY ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ANY AND ALL CLAIMS AND DAMAGES ARISING FROM OR OUT OF THIS AGREEMENT OR PROVISION OF SERVICES WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID TO PIICOMM BY CUSTOMER FOR THE SERVICES PROVIDED, PROMISED TO BE PROVIDED OR SOLD HEREUNDERIN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF LIABILITY SET FORTH HEREIN SHALL ALSO APPLY TO (I) LIABILITY RESULTING FROM PIICOMM’S GROSS NEGLIGENCE OR WILFUL MISCONDUCT, AND (II) DEATH OR BODILY INJURY RESULTING FROM PIICOMM’S ACTS OR OMISSIONS.
DISCLAIMER OF WARRANTIES – AS IS SERVICES
THE SERVICES, COLLECTION SERVICES, AND ANY OTHER SERVICES PROVIDED BY PIICOMM HEREUNDER ARE PROVIDED “AS IS” ON AN “AS AVAILABLE” BASIS. PIICOMM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN ADDITION, PIICOMM MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY OR AVAILABILITY OF THE SERVICES, ANY COLLECTION SERVICES REQUESTED THROUGH THE SERVICES, OR ANY OTHER SERVICES PROVIDED BY PIICOMM HEREUNDER. PIICOMM DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THE SERVICES OR PROVIDERS.
PIICOMM DOES NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
NO LIABILITY
PIICOMM SHALL NOT BE LIABLE FOR DAMAGES FROM ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY, PERSONAL INJURY, REAL OR PERSONAL PROPERTY DAMAGE OR OTHERWISE, ARISING FROM OR RELATING IN ANY MANNER TO ANY ACTION OR FAILURE TO ACT ON THE PART OF A COURIER OR DELIVERY PROVIDER.
IN NO EVENT SHALL PIICOMM OR ANY OF ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS OR REPRESENTATIVES BE LIABLE TO CUSTOMER OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF GOODWILL OR BUSINESS PROFITS, WORK STOPPAGE, DATA LOSS, OR COMPUTER FAILURE, DELAY OR MALFUNCTION), EVEN IF PIICOMM HAS BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES.
IN NO CASE SHALL PIICOMM, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
THE FOREGOING LIMITATIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
INDEMNIFICATION
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, CUSTOMER SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS PIICOMM AND PIICOMM’S EMPLOYEES, AGENTS, REPRESENTATIVES, CURRENT OR FUTURE PARENT, SUBSIDIARIES, COMMONLY OWNED AFFILIATES AND ADVISORS INCLUDING WITHOUT LIMITATION PIICOMM INC., PIICOMM (COLLECTIVELY, “PIICOMM INDEMNITEES”) FROM AND AGAINST ANY AND ALL LIABILITIES ARISING FROM OR RELATING TO: (A) A BREACH OF THIS AGREEMENT BY CUSTOMER OR ITS EMPLOYEES, SUBCONTRACTORS OR SUPPLIERS, INCLUDING WITHOUT LIMITATION ANY BREACH OR INACCURACY OF ANY REPRESENTATION, COVENANT OR WARRANTY CONTAINED HEREIN; (B) PROHIBITED MATERIALS OF OR CONCERNING CUSTOMER; (C) ANY VIOLATION BY CUSTOMER OR CUSTOMER’S EMPLOYEES, SUBCONTRACTORS OR SUPPLIERS OF, OR LIABILITY UNDER, ANY ENVIRONMENTAL LAWS OR ANY OTHER GOVERNMENTAL LAWS, RULES, ORDINANCES, OR REGULATIONS; OR (D) ANY BODILY INJURY, INCLUDING DEATH, OR DAMAGE TO REAL PROPERTY OR TANGIBLE PERSONAL PROPERTY ARISING OUT OF ANY NEGLIGENCE OR WILLFUL MISCONDUCT OF CUSTOMER OR CUSTOMER’S EMPLOYEES, SUBCONTRACTORS OR SUPPLIERS. CUSTOMER AGREES TO PROMPTLY NOTIFY PIICOMM IN WRITING OF ANY MATTER COVERED ABOVE AND DO ALL THINGS REQUIRED TO PROTECT PIICOMM’S INTERESTS. CUSTOMER’S INDEMNITY OF PIICOMM SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS PIICOMM INC. AND OUR PARENT, SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, SUBCONTRACTORS, SUPPLIERS, INTERNS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD-PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THESE TERMS OF SERVICE OR THE DOCUMENTS THEY INCORPORATE BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD-PARTY.
Links to Third-Party Sites and Services
The Platform may provide, or third parties may provide, links to other sites, applications or resources. Because PiiComm has no control over such sites, applications and resources, you acknowledge and agree that PiiComm is not responsible for the availability or accuracy of information and data on such external sites, applications or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that PiiComm shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Other Terms and Conditions
Governing Law. This Agreement is governed by and construed in accordance with the laws of the Province of Ontario, and the federal laws of Canada, without regard to any conflicts of laws principles. Each Party hereby waives, to the fullest extent permitted by law, any claim, defense or objection of (i) improper venue, (ii) inconvenient forum, or (iii) lack of personal jurisdiction. All matters arising out of or relating to this Agreement are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein without giving effect to any choice or conflict of law provision or rule
Choice of Forum – Binding Arbitration. Any dispute of any kind whatsoever in any way arising out of, from, or relating to this Agreement, including all exhibits, schedules, attachments, and appendices attached to this Agreement, and all contemplated transactions, shall be decided by binding arbitration in the Province of Ontario, and each Party irrevocably submits to the exclusive jurisdiction of such arbitration. Service of process, summons, notice, or other document by mail to such Party’s address set forth herein shall be effective service of process for arbitration brought or commenced. Each Party agrees that a final judgment in any such arbitration is final and conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.
Customer agrees that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity of them or the use or receipt of the Services (together, “Disputes”) will be settled by binding arbitration between Customer and PiiComm, except that PiiComm retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of its copyrights, trademarks, trade secrets, patents or other intellectual property rights, or the wrongful disclosure of its Confidential Information. CUSTOMER ACKNOWLEDGES AND AGREES THAT CUSTOMER IS WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both Customer and PiiComm otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding.
Force Majeure. No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other party hereunder), when and to the extent such party’s (“Impacted Party“) failure or delay is caused by or results from the following force majeure events (“Force Majeure Event(s)“): (a) acts of God; (b) flood, tsunami, fire, earthquake, explosion; (c) epidemics, pandemics, disasters, catastrophes; (d) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest; (e) government order, law or actions; (f) embargoes or blockades in effect on or after the date of this Agreement; (g) national or regional emergency; [(h) strikes, lockouts, labour stoppages or slowdowns, labour disputes, or other industrial disturbances; (i) shortage of adequate power or telecommunications or transportation facilities; (j) failure of any governmental or public authority to grant a necessary licence or consent; (k) other similar events beyond the reasonable control of the Impacted Party. The Impacted Party shall give notice within fifteen (15) days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party’s failure or delay remains uncured for a period of one hundred and twenty (120) days following written notice given by it under this , the other party may thereafter terminate this Agreement upon ninety (90) days’ written notice.
Notices. Any notices or other communications required or permitted to be given or delivered by PiiComm under this Agreement shall be undertaken by PiiComm by any means PiiComm determines in its discretion to be reasonable including, but not limited to, sending Customer an email notification (in which case the notice or other communication shall be deemed to be given when it is sent) or posting the notices or other communications on PiiComm’s website for The Oscar Project located at https://www.theoscarproject.ca (in which case the notice or other communication shall be deemed to be given when posted on PIICOMM’s website ). Any notices or other communications required or permitted to be given or delivered by Customer under this Agreement shall be in writing and shall be sufficiently given if delivered personally or if delivered by overnight commercial courier or by registered or certified mail, postage prepaid, return receipt requested, to PIICOMM INC. at the following address: 635 Water Street, Plantagenet, ON K0B 1L0 (Canada), Attention: Legal Department. Any notice or other communication by Customer shall be deemed to be given when it is personally delivered or as of the date it is delivered by the commercial courier or five (5) days after being mailed by registered or certified mail, as the case may be, as herein specified. Any change of address shall be served by notice pursuant to this provision.
Complete Agreement. This Agreement, including the Service Details and all Addenda and other attachments and provisions of The Oscar Project website that are specifically incorporated into this Agreement, is the complete agreement between the Parties with respect to the subject matter of the Agreement, and supersedes any prior and contemporaneous oral or written agreement regarding that subject matter. The Parties acknowledge and agree that (i) if there is any conflict between the terms and conditions of this Agreement and the terms and conditions of any Addendum or other attachment, the terms and conditions of this Agreement shall supersede and control, unless expressly stated otherwise on the Addendum, (ii) if there is a conflict between the terms of this Agreement, any Addendum or other attachment and the provisions of PIICOMM’s website that are specifically incorporated by reference into this Agreement, the provisions on PiiComm’s website shall supersede and control.
Assignment. Customer may not assign this Agreement, by operation of law or otherwise, without PiiComm’s prior written consent. PiiComm may assign this Agreement, without Customer’s consent, to: (i) a subsidiary or affiliate, (ii) an acquirer of PiiComm’s equity, business or assets; (iii) a successor by merger; (iv) for the benefit of creditors, or (v) for any reason whatsoever. Any attempted assignment in violation of this agreement will be null and void. This Agreement is binding on and inures to the benefit of the Parties to this Agreement and their respective permitted successors and assigns. Any purported assignment or delegation by the Customer in violation of this Section is null and void. No assignment or delegation relieves Customer of any of its obligations under this Agreement.
Relationship of the Parties. The relationship between the parties is that of independent contractors in the nature of a Customer and Service Provider. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture, or other form of joint enterprise, employment, or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.
Waiver. PiiComm’s failure to enforce any right or provision in this Agreement will not constitute a waiver of such right or provision unless acknowledged and agreed to by PiiComm in writing. No waiver by PiiComm of any of the provisions of this Agreement is effective unless explicitly set forth in writing and signed by PiiComm. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Severability. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Survival. Provisions of these Terms which by their nature should apply beyond their terms will remain in force after any termination or expiration of this Agreement.
Headings. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Counterparts. Customer acknowledges and agrees that this Agreement is being signed electronically and that such electronic signature has the same force and effect as delivery of an original signed copy of this Agreement with a handwritten signature.
Electronic Communications. When you use our Services, or send e-mails, text messages, and other forms of communications from your computer, desktop or mobile device to us, you may be communicating with us electronically and we may be communicating with you electronically. You consent to receive communications from us electronically, such as emails, texts, mobile push notices, or notices and messages on this site or through the other Services, such as our PiiComm facility or PiiComm Message Centre, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Copyright. All content included in or made available through any PiiComm Service, including text, logos, graphics, icons, button icons, images, photos, audio clips, digital downloads, data compilations, and software, is the property of PiiComm (or, in certain instances, its content suppliers) and is protected by Canadian and international copyright laws. The collective content provided through any PiiComm Service is the exclusive property of PiiComm and is safeguarded by Canadian and international copyright laws.
Trademarks. PiiComm holds protected trademarks. Additionally, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any PiiComm Service are trademarks of PiiComm or its affiliates in Canada, the United States, and other countries. TheOscarProject.ca, PiiComm.ca, PiiComm.com, and any form or type of PiiComm’s or its affiliates’ trademarks may not be used in relation to any product or service that is not provided by PiiComm or its affiliates, in a manner that could cause customer confusion, or in any way that discredits or disparages PiiComm or its affiliates. All other trademarks not owned by PiiComm or its affiliates that appear in any PiiComm Service are the property of their respective owners, who may or may not be associated with, connected to, or sponsored by PiiComm or its affiliates.
Cookies. PiiComm employ the use of cookies. By using PiiComm’s website and platform you consent to the use of cookies in accordance with our privacy policy. Most interactive websites and platforms like ours use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of the web site, Platform and ease of use for those people visiting. Some of our affiliate / advertising partners may also use cookies on our Platform or their web sites or Platforms.
Amendment. The terms of this Agreement may be amended, supplemented or modified at any time by PiiComm, at PiiComm’s complete discretion, effective as follows: (a) PIICOMM will post the revised version of this Agreement on The Oscar Project website located at https://www.theoscarproject.ca/content/terms-of-service and update the “Last Updated” date set forth above; (b) PiiComm will implement an acceptance process requiring Customer to click “I Accept” to the amended, supplemented or modified Agreement; or (c) PiiComm may provide such other notice as PiiComm may elect in its complete discretion (in each case, a “PiiComm Amendment”). Customer’s (i) continued receipt of the Services following the implementation by PiiComm of changes to this Agreement (as described above), (ii) failure to terminate this Agreement in accordance with this Agreement or (iii) clicking “I Accept” to the amended, supplemented or modified Agreement, shall conclusively demonstrate Customer’s consent to the PiiComm Amendment (in either event, the “Amendment Effective Date”).
You can review the most current version of the Terms of Service at any time on the Platform. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@theoscarproject.ca.
Our contact information is posted below:
The Oscar Project by PiiComm Inc.
Email: info@theoscarproject.ca
Address: 635 Water Street, Plantagenet, ON K0B 1L0 (Canada)
Telephone Number: +1-888-668-1050
I ACKNOWLEDGE THAT I HAVE READ, UNDERSTOOD AND ACCEPT THE SERVICE AGREEMENT. I AM AT LEAST 18 YEARS OF AGE AND HAVE THE FULL LEGAL AUTHORITY TO REQUEST THE SERVICES AND AGREE TO ALL TERMS AND CONDITIONS IN THIS AGREEMENT.