Terms & Conditions

TERMS AND CONDITIONS OF OSECOS.NET


Last revision: November 19, 2024


PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE OR SUBMITTING ANY ORDER.


The following Terms and Conditions govern and apply to your use of or reliance upon this website maintained by OSECOS (the "Website").

Your access or use of the Website indicates that you have read, understand and agree to be bound by these Terms and Conditions and any other applicable laws, statutes and/or regulations. We may change these Terms and Conditions at any time without notice, effective upon its posting to the Website. Your continued use of the Website will be considered your acceptance to the revised Terms and Conditions.


1. INTELLECTUAL PROPERTY

All intellectual property on the Website is owned by us or our licencors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names are owned, registered and/or licensed by us. All content on the Website, including but not limited to text, software, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content is a collective work under Canadian and other copyright laws and is the proprietary property of the Company, excluding, if applicable, any material that has been defined as royalty-free and do not have any linked legal conditions of usage. Else, all rights reserved.


2. USE OF COMPANY MATERIALS

We may provide you with certain information as a result of your use of the Website including, but not limited to, documentation, data, or information developed by us, and other materials which may assist in the use of the Website or Services ("Company Materials"). The Company Materials may not be used for any other purpose than the use of this Website and the services offered on the Website. Nothing in these Terms of Use may be interpreted as granting any licence of intellectual property rights to you.


3. PAYMENT

When you make a purchase on the Website or following a Purchase Order / Invoice, you agree to provide valid data and method to make a payment. Pay attention to the details of the transaction, as your total price may include taxes, fees, and shipping costs, all of which you are responsible for.

When you provide a payment data and method to us, you confirm that you are permitted to use that payment data or method. When you make a payment, you authorize us (and our designated payment processor) to charge the full amount of the payment data or method you designate for the transaction. You also authorize us to collect and store that funding instrument, along with other related transaction information.

If you pay by credit or debit card, we may obtain a preapproval from the issuer of the card for an amount as high as the full price. If you cancel a transaction before completion, this pre-approval may result in those funds not otherwise being immediately available to you.

We may cancel any transaction if we believe the transaction violates these Terms, or if we believe in doing so may prevent financial loss.

In order to prevent financial loss to you or to us, we may contact your funding financial issuer, law enforcement, or affected third parties (including other users) and share details of any payments you are associated with, if we believe doing so may prevent financial loss or a violation of law.

Payment for any ongoing services is billed automatically until notification that you would like to terminate your access to the services.


4. SALE OF GOODS AND SERVICES

We may sell goods or services or allow third parties to sell goods or services on the Website. We undertake to be as accurate as possible with all information regarding the goods and services, including product descriptions and images. However, we do not guarantee the accuracy or reliability of any product information and you acknowledge and agree that you purchase such products at your own risk.

All services provided and performed by OSECOS and its affiliates are performed in a best-effort level, to the most careful and professional manner possible.


5. ACCEPTABLE USE (WEBSITE ACCESS)

You agree not to use the Website for any unlawful purpose, or any purpose prohibited under this clause. You agree not to use the Website in any way that could damage the Website, the services or the general business of OSECOS.

You further agree not to use and/or access the Website:

I) To harass, abuse, or threaten others or otherwise violate any person's legal rights;

II) To violate any intellectual property rights of us or any third party;

III) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;

IV) To perpetrate any fraud;

V) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;

VI) To publish or distribute any obscene or defamatory material;

VII) To publish or distribute any material that incites violence, hate or discrimination towards any group;

VIII) To unlawfully gather information about others.

a) ABUSE

Any violation of the agreed-upon code of conduct, as per the aforementioned acceptable use details could result in:

a) The immediate suspension or termination of your Hosting Service or Account, with or without notice, without refund;

b) The immediate voiding of your service contract, PO or Invoice, with or without notice, without refund;

c) The reporting of your Account Information, and any evidence or other information found to be useful in a formal criminal investigation, to local or International Law Enforcement Agencies, at our discretion, with or without notice, without refund;

d) Our refusal to do business with yourself, your company and/or affiliates in the future, at our discretion, based on current or previous offences;

Upon account suspension or termination, any attempt to create a new account under another name or using personal information that is counterfeit, fake or invalid, or submitting an order using the former, will go in direct violation of article 5IV, herewith, and as such, the above violation actions may be used.

6. ACCEPTABLE USE (HOSTING)

You agree not to use the Hosting Service(s) or Account(s) ordered from us or through us for any unlawful purpose, or any purpose prohibited under this clause. You agree not to use the Hosting Service(s) or Account(s) ordered from us or through us in any way that could cause damage, data loss, spam, or any other undesirable intent, to the best of your professional conduct.

A note for potential resellers; if you wish to order a hosting (or other) service from us and resell the access and/or provided service to a third-party person or entity identified or found to be other than the person or entity whom submitted the order, we kindly request that you mention it to us, OSECOS, prior to ordering the hosting (or other) service or as soon as you have implicated such element in our business agreement, as such usage could result in minor / major changes to the resource (or other) usage and may have legal implications.

You further agree not to use and/or access the Hosting Service(s) or Account(s):

I) To harass, abuse, or threaten others or otherwise violate any person's legal rights;

II) To violate any intellectual property rights of us or any third party;

III) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;

IV) To perpetrate any fraud;

V) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;

VI) To publish or distribute any obscene or defamatory material;

VII) To publish or distribute any material that incites violence, hate or discrimination towards any group;

VIII) To unlawfully gather information about others.

a) ABUSE

Any violation of the agreed-upon code of conduct, as per the aforementioned acceptable use details could result in:

a) The immediate suspension or termination of your Hosting Service or Account, with or without notice, without refund;

b) The immediate voiding of your service contract, PO or Invoice, with or without notice, without refund;

c) The reporting of your Account Information, and any evidence or other information found to be useful in a formal criminal investigation, to local or International Law Enforcement Agencies, at our discretion, with or without notice, without refund;

d) Our refusal to do business with yourself, your company and/or affiliates in the future, at our discretion, based on current or previous offences;

Upon account suspension or termination, any attempt to create a new account under another name or using personal information that is counterfeit, fake or invalid, or submitting an order using the former, will go in direct violation of article 6IV, herewith, and as such, the above violation actions may be used.

Please also refer to the section 12c for further details in regards to service interruptions due to abuse.


6. PROTECTION OF PRIVACY

Through your use of the Website, you may provide us with certain information. By using the Website, you authorize us to use your information in Canada and any other country where we may operate.

We may receive information from external applications you use to access our Website, or we may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others.

We use the information gathered from you to ensure your continued good experience on our website. We may also track certain of the passive information received to improve our marketing and analytics, and for this, we may work with third-party providers, including other marketers.

If you would like to disable our access to any passive information we receive from the use of various technologies, you may choose to disable cookies in your web browser.


7. REVERSE ENGINEERING & SECURITY

You may not undertake any of the following actions:

a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website;

b) Violate the security of the Website through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.

c) Violate or interrupt the services provided on the Website or any services provided by us, including Hosting, the following behaviors, including but nor limited to, Sending Spam to our emails, Denial of Service (DOS/DDOS), Fuzzing, Injection and abusing contact forms or upload functions.

Any violation may result in the measures outlined in articles 5 or 6 herewith.


8. INDEMNIFICATION

You defend and indemnify OSECOS and any of its affiliates and hold us harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to your use or misuse of the Website, your breach of these Terms and Conditions, or your conduct or actions. We will select our own legal counsel and may participate in our own defense, if we wish to so.


9. SPAM POLICY

You are strictly prohibited from using the Website or any of our services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.


10. THIRD-PARTY LINKS & CONTENT

We may occasionally post links to third party websites or other services. We are not responsible or liable for any loss or damage caused as a result of your use of any third party services linked to from our Website.


11. VARIATION

To the extent any part or sub-part of these Terms and Conditions is held ineffective or invalid by any court of law, the prior, effective version of these Terms and Conditions be considered enforceable and valid to the fullest extent.


12. SERVICE INTERRUPTIONS

a) WEBSITE

We may need to interrupt your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that the we will have no liability for any damage or loss caused as a result of such downtime.

b) HOSTING

We may need to interrupt your access to the hosting account or service to perform maintenance or emergency services on a scheduled or unscheduled basis. To the best of our ability, we will contact the account contact(s) concerning said maintenance, and if possible, we will try to arrange a planned time frame to perform the maintenance.

Such service interruption may be due to the following, including but not limited to: Software Upgrades, Service Restarts, Server / Hosting Migrations, Snapshot Rollbacks, among other potential causes or reasons. If your Hosting service(s) change(s) IP Address(es) and / or credentials, either to remedy a security issue, or other reasons, we will communicate the new connection details securely and in a timely manner.

You agree that your access to the hosting or service may be affected by unanticipated or unscheduled downtime and / or IP Address change, for any reason, but that we will have no liability for any damage or loss caused as a result of such downtime and/or IP Address change.

c) ABUSE

We reserve the right to take down any hosted resource that has been ordered with us / through us, that infringes lawful adherence to our acceptable usage policies defined in sections and articles 6.

Anyone whom discovers illegal content or unlawful usage of your resources can request a take down at abuse@osecos.net upon which we will:

I) Revise the evidence provided by the reporter;

II) If deemed valid, we will contact our client to request that they remove the illegal content or cease the unlawful usage immediately;

III) If the client refuses, withholds unjustified rights or void arguments despite their misconduct, or is found to continue violations of the reported elements, we will notify the client 7 days, then 3 days, then 24 hours prior, after which we reserve the right to take down / suspend / terminate the violating hosted resource, without refund;

IV) We may, at our discretion and if deemed necessary or relevant, escalate the complaint to law enforcement agencies;


13. NO WARRANTIES

Your use of the Website is at your sole and exclusive risk and any services provided by us are on an "as is" basis. We disclaim any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Website will meet your needs or that the Website will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. Any damage that may occur to you, through your computer system, or as a result of loss of your data from your use of the Website is your sole responsibility and we are not liable for any such damage or loss.


14. PRIVACY

a) Collected personal data, processed personal data and data collection

In accordance with the dispositions of article 5 of Regulation (EU) 2016/679, the collection and processing of your personal data are consistent with the following principles:

  • Lawfulness, fairness and transparency: personal data may only be collected and processed with your consent. Every time personal data is collected you will be informed that personal data is collected and why is collected;

  • Limited purposes: personal data is collected and processed of data for achieving the objectives stated in these Terms and Conditions;

  • Minimization of personal data collection and processing: only personal data necessary for achieving the objectives of the website is collected;

  • Storage of personal data limited in time personal data is stored for a limited period, of which you are informed;

  • Integrity and confidentiality of collected and processed personal data: the controller undertakes to guarantee the integrity and confidentiality of collected personal data.

In order to be lawful in accordance with article 6 of the European Regulation 2016/679, collection and processing of personal data will respect at least of one the following:

  • You have given your consent to the processing of your personal data;

  • Processing is necessary for compliance with a legal obligation;

  • Processing is necessary in order to protect the vital interests of the data subject or of another natural person;

  • Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority;

  • Processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party.

Our Website collects the following personal data:

Name, Email Address, Mailing Address, IP Address, Demographics (ie Age, Region), Marketing & Affiliation Data to/and/or from Social Media and/or other Data-Driven Marketing Platforms

This personal data is collected when you perform one the following actions:

The OSECOS.NET website is visited, along with its pages and links.

In addition, when you purchase a product on the Website, you will be informed that the seller will retain a proof of the transaction including the order form and the invoice.

The collector will keep in its computer systems of the Website in reasonable security conditions all of the personal data collected for a period of: 30 - 90 days, unless you ask for the deletion of your personal data before the expiry of this period.

If personal data is stored, you will be informed of the period during which your personal data will be kept, and if that period may not be specified, we will inform you of the criteria used to determine it.


b) Data Hosting

The Website is hosted by: Hostinger and content is Cached and Delivered in part or whole by Cloudflare.

Personal data collected and processed by the Website is transferred to the following country(ies): Canada, United States Of America. This transfer of personal data outside of the European Union is justified by reasons that the hosting environment is mainly based out of Canada or the United States Of America.


c) Controller

The controller is: OSECOS


d) Data Protection Officer

The following person or entity has been named Data Protection Officer: OSECOS.

The Data Protection Officer may be reached at the contact information below:

datamgmt@osecos.net


e) Personal data of minors

In accordance with the dispositions of article 8 of the European Regulation 2016/679, no minor under the age of 15 may consent to processing of their personal data.

If you are a minor under the age of 15, the consent of a legal guardian is required for your personal data to be collected and processed.


f) Rights and procedures for the implementation of your rights

In accordance with the regulation regarding the processing of personal data, you have the rights listed below.

In order for the controller to grant your request, you have to provide your full name, your email address.

The controller shall answer you within thirty (30) days.

I. Rights of access, right of rectification and right to erasure

You may look up, update or modify your personal data, as well as request its deletion by following the procedure below:

The user must send an email to datamgmt@osecos.net

II. Right to data portability

You may request the portability of your personal data held by the Website and have those data transmitted to another website by following the procedure below:

N/A

III. Right to restriction of processing and right to object

You may request to restrict processing of your personal data and you may object to processing of your personal data and the Website may not deny such requests without compelling legitimate grounds.


g) Obligations of the controller

The controller undertakes to protect collected personal data, not to transfer your personal data to third parties without informing you first and to respect the purposes for which personal data were collected.

The Website uses an SSL certificate to guarantee that information transfer transiting through the Website are secured.

In addition, the collector undertakes to notify you before the rectification or erasure of any of your personal data, unless this requires disproportionate efforts.

In the event that the integrity and confidentiality of your personal data is compromised, the controller undertakes to inform you by any means.


15. COOKIES

a) Consent to our use of cookies

The Website may use cookies, which allow us to process statistics and information on traffic, to make your experience of the Website smoother and more interactive. Use of cookies involving personal data storage or analysis, you will be asked for your consent.

Your consent is valid for a maximum period of thirteen (13) months. After expiry of this period, the Website will ask you again for your consent to save cookies on your computer.


b) Right to object to use of cookies by the Website

You may object to the use of cookies by altering the settings of you web browser. However, any loss of functionality may not be held against us.


c) Description of cookies used by the Website

The following cookies are used when you browse our website:

N/A

By using our Website, the following cookies from third parties may be saved on your computer:

N/A

In addition, the Website embeds social network links that allow you to share your activity on the Website. Cookies from these social networks therefore may be saved on your computer.

These websites have privacy policies and terms and conditions that may differ from these Terms and Conditions. For more information, visit the terms and conditions and these websites.


16. LIMITATION ON LIABILITY

OSECOS and its affiliates are not liable for any damages that may occur to you as a result of your use of the Website, nor any service(s) provided or performed by OSECOS, to the fullest extent permitted by law. The maximum liability of OSECOS arising from your use of the Website and or OSECOS<s services is limited to the greater of one hundred ($100) Canadian Dollars. This applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.

Such liability claim is void and not fulfilled if requested or linked by/to a suspended or terminated account.

If liability is claimed by reason of data loss or corruption, such liability claim is void and not fulfilled if requested or linked by/to a service request performed where the requestor and/or their affiliates did not possess valid backups or data protection to their assets.

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Terms & Conditions