Terms Of Use

Effective Date: March 15, 2021

IDSeal Canada Website Terms of Use
IDSeal Canada Mobile Application Terms of Use

IDSEAL^SM Website Terms of Use

These IDSEAL Website Terms of Use (these “Website Terms of Use”) are issued by IDSeal Canada ULC on behalf of itself and its affiliates (collectively “IDSeal”, “we”, or “us”). These Website Terms of Use apply to the access to and use of IDSeal.com and all other websites owned or operated by IDSeal from which we link these Website Terms of Use (collectively, the “Website”) by any party (“you”), and constitute a legally binding agreement between IDSeal and you.

Please read these Website Terms of Use before using the Website. By using the Website, you acknowledge, accept and agree to all provisions set forth in these Website Terms of Use, regardless of whether you purchase any service or product from IDSeal, and you also agree to the terms and conditions contained in the IDSeal Canada Privacy Policy (the “Privacy Policy”), which describes how we collect and process personal and non-personal information when you use the Website and our mobile application (collectively, the “Sites”), and the IDSeal Canada Cookie Policy (the “Cookie Policy” and, together with the Privacy Policy, the “Policies”), which describes how we may use cookies on the Sites.

Without limiting the foregoing, by accessing and using the Website, you specifically acknowledge and agree to the following:

1. Introduction

These Website Terms of Use apply to your use of the Website. By accessing and using the Website, you agree to (i) these Term of Use, and (ii) the terms and conditions contained in the Policies, all of which should be read together with these Website Terms of Use. If you purchase services from IDSeal, additional terms and conditions apply, including the IDSeal Canada Terms & Conditions (the “Terms”).

Subject only to Article 7 below, IDSeal may revise these Website Terms of Use at any time. You should check these Website Terms of Use regularly to review the current version. We may, in our sole discretion, change, suspend or terminate, temporarily or permanently, the Website or any part thereof or any of its features at any time, for any reason, without any notice or liability to you or any other entity.

2. License and Conditions

IDSeal grants you a limited, royalty-free, non-exclusive, and revocable, license to access and make use of the Website. As a condition of such license, you acknowledge and agree that:

all intellectual property appearing on the Website, including without limitation names, logos, trademarks, and copyrighted material (collectively, “Intellectual Property”) is owned by IDSeal, its licensors, or affiliated business partners, and the limited license granted by these Website Terms of Use does not convey any ownership or other rights in the Intellectual Property;
you will not download (except as required to access and make use of the Website), reproduce, modify, copy, resell, or use for any commercial or non-commercial purpose any (i) Intellectual Property; (ii) service listings, descriptions, or price lists; or (iii) other content appearing on the Website;
you will not reproduce or store any part of the Website or its content in or on another website;
if you are an affiliate Independent Business Owner, you will use the Website in compliance with your IBO Agreement; and
you will not alter the Website or any of its content.

Any rights not expressly granted in these Website Terms of Use are expressly reserved to IDSeal.

3. Visitor Material and Conduct

Any information or content in any format or media that you post on, upload or otherwise submit to or through the publicly accessible areas of the Website (“User Content”) is considered non-confidential and IDSeal shall have no obligations with respect to such information and is free to use it for any purpose. User Content does not include the Personal Information (as defined in the Privacy Policy) or other data that you submit when making purchases through the Website or accessing or using Services (as defined in the Terms).

By using the Website and providing any User Content, you: (i) grant to IDSeal a world-wide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, non-exclusive, and unrestricted license to copy, reproduce, adapt, transmit, edit, modify, or otherwise use, publicly display, distribute, translate and create compilations and derivative works from, any and all User Content; and (ii) waive all moral rights in and to all User Content in favour of IDSeal. For greater certainty, this means that, among other things, IDSeal has the right to use any and all ideas you submit (including ideas about our products, services, publications or advertising campaigns) in any manner that we choose, without any notice or obligation to you whatsoever.

You may not post on or transmit to or from the Website any material that, as determined by IDSeal in its sole discretion:

is threatening or abusive, defamatory or scandalous, obscene or pornographic, seditious, liable to incite hatred, discriminatory, blasphemous, in breach of confidence or privacy, or otherwise illegal or inappropriate;
you do not have the legal right to use, or to provide the licenses specified in these Website Terms of Use;
constitutes or encourages conduct that would constitute a criminal or civil offense or give rise to criminal or civil liability; or
could harm the Website or IDSeal’s network or systems (such as computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data, or other malicious software or harmful data).

4. Links to and from Other Websites

The Website contains links to websites operated by third parties. These links are provided for convenience only. If you use the links, you will leave the Website. IDSeal does not review third-party websites and is not responsible for them. Third-party websites are not covered by these Website Terms of Use, the Privacy Policy, or the Cookie Policy. If you access such third-party websites, you do so at your own risk. In addition, you may link to websites owned or controlled by specific IDSeal affiliates, and use of such websites may be subject to separate terms and conditions and a different privacy policy.

You may link to the Website subject to the following conditions:

you comply with these Website Terms of Use;
you do not replicate any page of the Website;
you do not use, alter, copy or remove any Intellectual Property;
you do not state or imply that IDSeal endorses any services other than its own;
you do not present incorrect information about IDSeal;
your website does not contain content that is distasteful, offensive, or controversial, infringes the rights of any person, or fails to comply with applicable law or the relevant portions of these Website Terms of Use; and
if you are an affiliate Independent Business Owner, you adhere to the requirements of your IBO Agreement.

We may withdraw this permission at any time in our sole discretion.

5. Breach

IDSeal may suspend or terminate your access to the Website, or any portion of the Website, and take other action against you if you breach these Website Terms of Use. You agree to indemnify IDSeal for any loss or damage suffered by IDSeal or its licensors or affiliated business partners as a result of your use of the Website or breach of these Website Terms of Use. IDSeal cooperates with governmental authorities that direct or request IDSeal to disclose the identity of anyone who uses the Website in a manner that violates applicable law, and we may choose to report such violations where we deem it warranted.

6. Disclaimer of Warranties and Limitation of Liability

To the extent permitted by applicable law, IDSeal is not responsible for the availability of the Website and shall not be liable if the Website is unavailable at any time or for any period, or if the information on the Website is incorrect, incomplete, or outdated. Access to the Website or any portion of the Website may be suspended without notice. IDSeal may make changes to the content of the Website at any time without notice.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IDSEAL MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE WEBSITE OR THE CONTENT APPEARING THEREON, WHETHER EXPRESS OR IMPLIED. All content on the Website is provided “as is” and “as available”. IDSeal and its officers, directors, employees, shareholders, and agents, exclude all liability for any direct or indirect loss or damage that may result to you or a third party from your use of or inability to use the Website or its content or any websites linked to the Website.

7. Change in Terms

Subject to applicable law, IDSeal fully reserves the right to modify, add, eliminate or otherwise change (collectively, “Change”) any portion of these Website Terms of Use without direct, individual notice to you. Notwithstanding the foregoing, IDSeal will endeavor to provide timely notice of any Change on the Website. Any Change may be made effective at IDSeal’s election upon the implementation date, the date IDSeal posts notice of the Change on the Website, or prospectively to a date chosen and specified by IDSeal. Subject to these Website Terms of Use, by continuing to access or use the Website after the effective date of any Change, you acknowledge the Change and agree to be bound and abide by same, and your exclusive remedy in the event you do not agree to any such Change is to discontinue your use of the Website.

8. Governing Law and Jurisdiction

If you are not an individual resident in the province of Quebec, these Website Terms of Use, including their formation, construction, interpretation, and enforceability, are governed by and shall be construed in accordance with the laws of the province of Ontario and the federal laws of Canada applicable therein, without regard to its choice of law rules. Further, any court proceedings between you and IDSeal shall be governed by the laws of the province of Ontario, without regard to its choice of law rules, and such proceedings shall take place in Ontario.

If you are an individual resident in the province of Quebec, these Website Terms of Use, including their formation, construction, interpretation, and enforceability, are governed by and shall be construed in accordance with the laws of the province of Quebec and the federal laws of Canada applicable therein, without regard to its choice of law rules. Further, any court proceedings between you and IDSeal shall be governed by the laws of the province of Quebec, without regard to its choice of law rules, and such proceedings shall take place in Quebec.

9. Waiver and Severability

No waiver by us of any term or condition set out in these Website Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Website Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Website Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

10. MISCELLANEOUS

You will not assign these Website Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of IDSeal, which consent may be withheld in IDSeal’s sole discretion. Any purported assignment or delegation by you without the appropriate prior written consent of IDSeal will be null and void. IDSeal may assign these Website Terms of Use or any rights hereunder without your consent. Neither the course of conduct between the parties nor trade practice will act to modify these Website Terms of Use. Except for the indemnification provisions set forth above, these Website Terms of Use do not confer any third-party beneficiary rights.

Version 1.0
Issue Date: December 15 , 2020
Copyright © 2020 IDSeal Canada ULC
All Rights Reserved

IDSEAL^SM Mobile Application Terms of Use

These IDSEAL Mobile Application Terms of Use (these “Application Terms of Use”) constitute a legally binding agreement between “you”, meaning the person downloading or using any version of the IDSeal Mobile Application (the “Application”), and IDSeal Canada ULC, its successors and assigns (“IDSeal”, “we”, or “us”).

Please read these Application Terms of Use before using the Application. By using the Application, you acknowledge, accept and agree to all provisions set forth in these Application Terms of Use, regardless of whether you purchase any service or product from IDSeal, and you also agree to the terms and conditions contained in the IDSeal Canada Privacy Policy (the “Privacy Policy”), which describes how we collect and process personal and non-personal information when you use the Application and IDSeal’s website (collectively, the “Sites”), and the IDSeal Canada Cookie Policy (together with the Privacy Policy, the “Policies”), which describes how we may use cookies on the Sites. If you purchase services from IDSeal, additional terms and conditions apply, including the IDSeal Canada Terms & Conditions (the “Terms”), and these Application Terms of Use are subject to such Terms.

1. Acceptance of Terms; Amendments

By downloading, accessing or using the Application, including without limitation using any of the features, benefits or services provided through the Application (collectively, the “Application Services”), you agree to be bound by (i) these Application Terms of Use, and (ii) the terms and conditions contained in the Policies, all of which should be read together with these Application Terms of Use. Additional details about your use of IDSeal’s website (the “Website”) can be found in the IDSeal Website Terms of Use. If you disagree with any of these Application Terms of Use or anything contained in the Policies, you must immediately discontinue your access to and use of the Application. Continued use of the Application will constitute acceptance of these Application Terms of Use and the Policies, as may be amended.

Subject only to Article 11 below, we reserve the right to amend all, or any portion of these Application Terms of Use at any time. You should check these Application Terms of Use regularly to review the current version. We may, in our sole discretion, change, suspend or terminate, temporarily or permanently, the Application or any part thereof or any of its features at any time, for any reason, without any notice or liability to you or any other entity.

2. License and Conditions

IDSeal grants you a limited, royalty-free, non-exclusive, and revocable, license to access and make use of the Application. As a condition of such license, you acknowledge and agree that:

all intellectual property appearing on the Application or as part of the Application Services, including without limitation names, logos, trademarks, and copyrighted material (collectively, “Intellectual Property”) is owned by IDSeal, its licensors, or affiliated business partners, and the limited license granted by these Application Terms of Use does not convey any ownership or other rights in the Intellectual Property;
you will not download (except as required to access and make use of the Application and Application Services), reproduce, modify, copy, resell, or use for any commercial or non-commercial purpose any (i) Intellectual Property; (ii) service listings, descriptions, or price lists; or (iii) other content appearing on the Application;
you will not reproduce or store any part of the Application or its content in or on another application or website; and
you will not alter the Application or any of its content.

Any rights not expressly granted in these Application Terms of Use are expressly reserved to IDSeal.

3. User Information

Any information or content in any format or media that you post on, upload or otherwise submit to or through the publicly accessible areas of the Application (“User Content”) is considered non-confidential and IDSeal shall have no obligations with respect to such information and is free to use it for any purpose. User Content does not include the Personal Information (as defined in the Privacy Policy) or other data that you submit when making purchases through the Application or accessing or using Services (as defined in the Terms).

By using the Application and providing any User Content, you: (i) grant to IDSeal a world-wide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, non-exclusive, and unrestricted license to copy, reproduce, adapt, transmit, edit, modify, or otherwise use, publicly display, distribute, translate and create compilations and derivative works from, any and all User Content; and (ii) waive all moral rights in and to all User Content in favour of IDSeal. For greater certainty, this means that, among other things, IDSeal has the right to use any and all ideas you submit (including ideas about our products, services, publications or advertising campaigns) in any manner that we choose, without any notice or obligation to you whatsoever.

You may not post on or transmit to or from the Application any material that, as determined by IDSeal in its sole discretion:

is threatening or abusive, defamatory or scandalous, obscene or pornographic, seditious, liable to incite hatred, discriminatory, blasphemous, in breach of confidence or privacy, or otherwise illegal or inappropriate;
you do not have the legal right to use;
constitutes or encourages conduct that would constitute a criminal or civil offense or give rise to criminal or civil liability; or
could harm the network or systems of IDSeal or any of its Providers (as defined in the Terms) (such as computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data, or other malicious software or harmful data).

You represent and warrant that all information provided by you to IDSeal through the Application, including without limitation any Personal Information provided during the process of creating your Application account (“Application Account”) (collectively, “User Information”), is provided and will be maintained in accordance with the Terms. You are solely responsible for maintaining the confidentiality of your Application username and password, and for all activity that occurs through your Application Account and under your username and password. You further agree to notify IDSeal immediately of any unauthorized use of your Application Account or User Information. We are not responsible for your failure to do so, or for any delay in restricting access to your account after you do.

4. Breach

IDSeal may suspend or terminate your access to the Application, or any portion of the Application, and take other action against you if you breach these Application Terms of Use. You agree to indemnify IDSeal for any loss or damage suffered by IDSeal, its parents, subsidiaries, affiliates, data and service providers, suppliers, resellers and business partners, and each of their respective owners, officers, directors, agents, contractors, employees, consultants, suppliers and resellers (collectively, the “IDSeal Parties”) as a result of your use of the Application or breach of these Application Terms of Use. IDSeal cooperates with governmental authorities that direct or request IDSeal to disclose the identity of anyone who uses the Application in a manner that violates applicable law, and we may choose to report such violations where we deem it warranted.

5. Indemnity

You hereby agree to indemnify, defend and hold harmless the IDSeal Parties from any and all third party suits, claims or demands and associated liabilities, costs, damages and expenses (including, but not limited to, attorneys’ fees, expert fees and court costs) arising from or in connection with (i) your access or use of your Application Account, any other party’s Application Account, the Application, or any of the Application Services; (ii) any other party’s access or use of (a) your Application Account, or (b) the Application or any of the Application Services using your Application Account or User Information; and (iii) any breach by you of these Application Terms of Use.

6. Equipment and Networks

The provision of the Application and the Application Services does not include the provision of a mobile telephone or handheld device, internet access, data, or other necessary equipment or services to access the Application or utilize the Application Services. You acknowledge that the terms of any agreement(s) between you and your respective mobile network provider (“Mobile Provider”) will continue to apply when using the Application. As a result, you may be charged by the Mobile Provider or other third parties for access to network connection, data, or other services while accessing the Application, and you accept responsibility for any such charges that arise. If you are not the named account holder for the mobile telephone or handheld device being used to access the Application, you will be assumed to have received permission from the named account holder for using the Application. Subject to applicable law and the Terms, you agree to receive pre-programmed notifications or alerts on or through the Application if you consent to such by enabling such alerts on your device.

7. Links to and from Websites

The Application may contain links to websites operated by third parties. These links are provided for convenience only. If you use the links, you will leave the Application. IDSeal does not review third party websites and is not responsible for them. Third party websites are not covered by these Application Terms of Use or the Policies. If you access such third party websites, you do so at your own risk. In addition, you may link to websites owned or controlled by specific IDSeal affiliates, and use of such websites may be subject to separate terms and conditions and a different privacy policy.

8. Disclaimer of Warranties and Limitation of Liability

To the extent permitted by applicable law, IDSeal is not responsible for the availability of the Application or any Application Services, and shall not be liable if the Application is unavailable at any time or for any period, or if the information on the Application is incorrect, incomplete, or outdated. Access to the Application or any portion of the Application may be suspended without notice. IDSeal may make changes to the content of the Application at any time without notice.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IDSEAL MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE WEBSITE OR THE CONTENT APPEARING THEREON, WHETHER EXPRESS OR IMPLIED. All content on the Application is provided “as is” and “as available”. To the extent permitted under applicable law, IDSeal and its owners, officers, directors, agents, contractors, employees, consultants, suppliers and resellers exclude all liability for any direct or indirect loss or damage that may result to you or a third party from your use of or inability to use the Application or its content, any of the Application Services, or any websites linked to the Application.

9. Governing Law and Jurisdiction

If you are not an individual resident in the province of Quebec, these Application Terms of Use, including their formation, construction, interpretation, and enforceability, are governed by and shall be construed in accordance with the laws of the province of Ontario and the federal laws of Canada applicable therein, without regard to its choice of law rules. Further, any court proceedings between you and IDSeal shall be governed by the laws of the province of Ontario, without regard to its choice of law rules, and such proceedings shall take place in Ontario.

If you are an individual resident in the province of Quebec, these Application Terms of Use, including their formation, construction, interpretation, and enforceability, are governed by and shall be construed in accordance with the laws of the province of Quebec and the federal laws of Canada applicable therein, without regard to its choice of law rules. Further, any court proceedings between you and IDSeal shall be governed by the laws of the province of Quebec, without regard to its choice of law rules, and such proceedings shall take place in Quebec.

10. CHANGE IN TERMS

Subject to applicable law, IDSeal fully reserves the right to modify, add, eliminate or otherwise change (collectively, “Change”) any portion of these Application Terms of Use without direct, individual notice to you. Notwithstanding the foregoing, IDSeal will endeavor to provide timely notice of any Change on the Website and/or the Application. In addition, where required by law and elsewhere at our discretion, we will provide you notice of the Change using the contact information we have for you, setting out the new clause, or the amended clause and how it read formerly, and the date on which the Change will come into effect. You may refuse to accept the Change and rescind, or cancel your use of the Application without cost, penalty or cancellation indemnity, by sending us notice to that effect no later than thirty (30) days after the Change comes into force, using the information in the notice of the Change. Any Change may be made effective at IDSeal’s election upon the date specified by IDSeal. Subject to these Application Terms of Use, by continuing to access or use the Application after the effective date of any Change, you acknowledge the Change and agree to be bound and abide by same, and your exclusive remedy in the event you do not agree to any such Change is to discontinue your use of the Application.

11. WAIVER AND SEVERABILITY

No waiver by us of any term or condition set out in these Application Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Application Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Application Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Application Terms of Use will continue in full force and effect.

12. INCIDENT REPORTING

Any complaints regarding the violation of these Application Terms of Use should be directed to the designated agent listed below. Where possible, include details that would assist IDSeal in investigating and resolving the complaint (i.e. expanded headers and a copy of the offending transmission).

IDSeal Canada ULC
Attn: Data Protection Officer
1000 Progress Place
Concord, NC 28025
email: dataprotection@idseal.com
Telephone: 1-888-325-5865 (Monday through Friday, 10am – 7pm EST)

13. MISCELLANEOUS

You will not assign these Application Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of IDSeal, which consent may be withheld in IDSeal’s sole discretion. Any purported assignment or delegation by you without the appropriate prior written consent of IDSeal will be null and void. IDSeal may assign these Application Terms of Use or any rights hereunder without your consent. Neither the course of conduct between the parties nor trade practice will act to modify these Application Terms of Use. Except for the indemnification provisions set forth above, these Application Terms of Use do not confer any third-party beneficiary rights. You must contact IDSeal concerning any defects or performance issues with respect to the Application, and not any third party on whose platform this Application may be distributed.

14. APPLE STORE TERMS

IDSeal shall be solely responsible for providing any maintenance and support services with respect to the Application, as specified herein. You and IDSeal acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Application.

IDSeal shall be solely responsible for any product warranties, whether express or implied by applicable law, to the extent not disclaimed in these Application Terms of Use, and in the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application.

You acknowledge and agree that Apple shall not be responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. In the event of any third party claim that the Application or your possession and use of Application infringes that third party’s intellectual property rights, Apple shall not be responsible for the investigation, defense, settlement or discharge of any such intellectual property infringement claim.

You represent and warrant that (i) you are not located in a country that is subject to a U.S. or Canadian Government embargo, or that has been designated by the U.S. or Canadian Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. or Canadian Government list of prohibited or restricted parties. You must comply with applicable third party terms of agreement when using the Application. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Application Terms of Use, and that, upon your acceptance of the terms and conditions of this agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third party beneficiary thereof.