Terms of Service
Terms of Service
Information on this web site may contain inaccuracies or typographical errors. Information may be changed or updated without notice. This web site does not constitute an offer or contract.
ONITT LTD. makes no representations of any sort about other web sites which you may access through this one. When you access a non-ONITT LTD. web site, it is independent from ONITT LTD., and ONITT LTD. has no control over the content on that web site. In addition, a link to a non-ONITT LTD. web site does not mean that ONITT LTD. endorses or accepts any responsibility for the content, use, or products and services made available through such web site.
In no event will ONITT LTD. be liable to any party for any direct, indirect, special or other consequential damages for any use of this web site, or any other hyperlinked web site, including, without limitation:
- any lost profits
- business interruption
- loss of programs or other data or otherwise, even if we are expressly advised of the possibility of such damages.
Information on this web site is provided “as-is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Some jurisdictions do not allow the exclusions of implied warranties, so the above exclusion may not apply to you.
ONITT LTD. does not guarantee the accuracy of all content in our website. Anyone using the information on this site does so at their own risk; any loss arising from the use of information on this website is the sole responsibility of the user. ONITT LTD. will not be responsible for any injury or damage arising from its use.
Limitation of Liability
This website and its contents are provided on a 'as is' and 'as available' basis. We make no representations or endorsements of any kind, express or implied, including, but not limited to, warranties of freedom from malicious programs (such as viruses, worms or Trojan horses) or implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, or any other implied warranties arising from related dealings, usage, or trade unless otherwise prohibited by law.
We do not warrant that the information contained on this website is accurate or complete, that this site is error-free or that any errors will be corrected. You agree by using this website you are doing so at your sole risk that you assume full responsibility for all loss of data and / or costs associated with any servicing or repairs of any equipment and / or software that you use in relation to this website. ONITT LTD. shall not be responsible or liable for any damages, of any kind, arising out of or caused by your use of this website unless otherwise prohibited by law.
ONITT LTD. shall be held harmless from all liability for any direct, indirect, punitive, or incidental damages arising out of or in connection with the use, inability to use, or performance of the information or products on this website to the extent permitted by law. We shall be under no liability for any delay or failure to deliver products or otherwise meet any obligation put forth here if the delay or failure is in full or in part caused by circumstances beyond ONITT LTD. reasonable control unless otherwise prohibited by law.
You agree to indemnify ONITT LTD., its affiliates, directors, employees, and shareholders from any and all claims, damages, losses, and expenses that may arise from your use of the information or products on this website and/or the website itself unless otherwise prohibited by law.
All content on this website, including text, images, graphics, designs, products and source code are copyright © ONITT LTD. all rights reserved.
You acknowledge and agree that the material contained within this website is for your private, personal and non-commercial use only. Should you copy any material from this website, you do not obtain any right, title or interest to any such material. You agree not to reproduce (except for the company holding the subscriptions use), publish (except for downloadable media or PR materials), transmit, distribute, display, remove, delete, modify or create derivative works from any of the materials contained on this website.
By registering your ONITT LTD. product, you hereby agree to receive e-mail content from ONITT LTD.. Your information will never be shared with a third party and the ability to opt-out/unsubscribe is always available.
These restrictions do not apply to downloadable material provided for use in the manner specified.
Pre-Authorized Debit Agreement
In order to use the Payment Services, as defined in the Payment Terms, you (“you” and “your”) must pre-authorize ONITT LTD. (collectively and individually according to context, “ONITT”) to debit your bank account as described in the Payment Terms. This Pre-Authorized Debit Agreement (this “Authorization”) constitutes your agreement and authorization for ONITT to debit your bank account as described in the Payments Terms and is effective as of the date you accept the Payment Terms.
- You acknowledge that this Authorization is provided for the benefit of ONITT and your financial institution (“Financial Institution”) and is provided in consideration of your Financial Institution agreeing to process all debits against your bank account(s) (the “Settlement Account”) in accordance with the Rules of the Payments Canada.
- You hereby authorize ONITT to draw on the Settlement Account for purposes of (a) funding a reserve account to secure the performance of your payment obligations pursuant to the Payment Terms, (b) processing refunds or transaction reversals or chargebacks, or (c) collecting any and all amounts owed to ONITT under the Payment Terms or any other agreement between you and ONITT (a “debit” or “PAD”). In particular, you agree that if any payment is dishonored by your Financial Institution for any reason, ONITT shall be entitled to issue another debit in substitution for the dishonored debit. ONITT shall be under no liability whatsoever caused by a dishonored debit.
- You may cancel this Authorization at any time by closing your ONITT Account. You acknowledge that, if you revoke this Authorization, you must close your ONITT Account or else ONITT may do so. ONITT may debit the Settlement Account up until 30 days after your cancellation or revocation.
- You acknowledge that your agreement to this Authorization with ONITT constitutes delivery of this Authorization by you to ONITT and your Financial Institution.
- You acknowledge that the debits authorized pursuant to this Authorization are for business purposes.
- The details of the Settlement Account that ONITT is authorized to draw upon are set out in your ONITT Account. You may only change the Settlement Account that ONITT is authorized to draw upon by updating the details of the Settlement Account in your ONITT Account.
- You acknowledge that your Financial Institution is not required to verify that (a) a PAD has been issued in accordance with the particulars of this Authorization or (b) any purpose of payment for which the PAD has been issued has been fulfilled by ONITT as a condition to honoring a PAD issued on your Settlement Account.
- Even if you cancel or revoke this Authorization, certain provisions of the Payment Terms between you and ONITT survive and remain in effect in accordance with their terms. To obtain a sample cancellation form, or for more information on your right to cancel a PAD Agreement, you may contact your Financial Institution or visit https://www.payments.ca.
- You have certain recourse rights if any debit does not comply with this Authorization. For example, you have the right to receive reimbursement for any debit that is not authorized or is not consistent with this Authorization. To obtain more information on your recourse rights, contact your Financial Institution or visit https://www.payments.ca.
- A PAD may be disputed by you only if (a) the PAD was not drawn in accordance with this Authorization or (b) amounts were drawn after this Authorization was revoked. In order to be reimbursed, you acknowledge that a declaration must be completed and presented to your Financial Institution holding the Settlement Account up to and including 10 business days after the date on which the PAD in dispute was posted to the Settlement Account. You acknowledge that, after such 10 business day period, a claim that the Authorization was revoked or any other dispute of a PAD is a matter to be resolved solely between you and ONITT.
- You acknowledge that you understand the terms hereof and you accept and agree to participate in this PAD arrangement with ONITT.
- You acknowledge that ONITT may assign this Authorization, whether directly or indirectly, by operation of law, change of control, or otherwise, by providing at least 10 days prior written notice to you.
- You understand that you can contact ONITT at firstname.lastname@example.org to make any inquiries, obtain information or seek any recourse rights with respect to this PAD arrangement.
- You consent to the disclosure of any personal information that may be contained in this Authorization to financial institutions at which ONITT maintains its account to be credited with the PADs as far as any such disclosure of personal information is directly related to and necessary for the proper application of the Rules of the Canadian Payments Association.
- YOU UNDERSTAND AND AGREE TO THE FOREGOING TERMS AND CONDITIONS AND, IN PARTICULAR, YOU HEREBY WAIVE THE RIGHT TO RECEIVE ANY NOTICE FROM ONITT OF THE AMOUNT TO BE DEBITED AGAINST THE SETTLEMENT ACCOUNT AND THE DATES ON WHICH THE DEBITS WILL BE PROCESSED, AS WELL AS NOTICE OF ANY AND ALL FUTURE CHANGES TO THE AMOUNTS OR PAYMENT DATES.
- The parties have requested that this Authorization and all related documents be drawn up in English only.
ONITT LTD. (“ONITT”) is a Canadian Corporation involved in the business of developing and licensing software and data for use in the oil and gas industry. In the course of conducting its business ONITT collects certain personal information from its employees, customers and suppliers of products. It is ONITT’s policy to handle and protect such personal information in accordance with the relevant legislation including the Alberta Personal Information Protection Act (“PIPA”) and the Personal Information Protection And Electronic Documents Act of Canada (“PIPEDA”).
“Personal information” means information about an identifiable individual and includes but is not limited to information in any form such as age, name, income, religion, marital status, health information, employment information and credit information. Personal Information does not include “Business Contact Information” which is defined in PIPA to mean “an individual’s name, position name or title, business telephone number, business address, business e‑mail, business fax number and other similar business information”.
ONITT considers all Personal Information to be confidential and uses Personal Information obtained from customers or suppliers only for the purposes of:
- Administering the contractual arrangement with each customer and supplier
- Ensure that ONITT’s high level of Customer Satisfaction is maintained
- To determine the need of customers for ONITT’s products.
In some cases, ONITT will supply Personal Information to 3rd-parties who have been contracted by ONITT to assist in the performance of the above. In these circumstances the Personal Information is destroyed by the 3rd-party upon the completion of the contracted work.
In no circumstance does ONITT sell, barter, or exchange any Personal Information to or with any other party.
ONITT complies with the following principles as set out in PIPA and PIPEDA:
ONITT holds itself responsible for Personal Information under its control and has designated an individual to be responsible for ONITT’s compliance with PIPA. The name of ONITT’s Privacy Officer is set out below.
- IDENTIFY PURPOSES FOR WHICH PERSONAL INFORMATION IS COLLECTED, USED AND DISCLOSED:
Before or as personal information is collected, ONITT will identify and advise all individuals as to why it is needed and how it will be used and disclosed.
- CONSENT FOR THE COLLECTION, USE AND DISCLOSURE OF PERSONAL INFORMATION:
Subject to the exceptions set out in the relevant legislation, ONITT endeavours to obtain the consent of the individual prior to collection, use or disclosure of Personal Information.
Individuals may give their consent orally or in writing and shall be deemed to have consented to the collection, use or disclosure of Personal Information for a particular purpose where they voluntarily provide Personal Information to ONITT for that purpose. In such circumstances, ONITT shall provide the individual with notice that it intends to collect, use or disclose the Personal Information for those purposes and provide the individual with a reasonable period to decline or object to the proposed collection, use or disclosure of Personal Information. If the individual does not object or decline the collection, use or disclosure or Personal Information within that period, they will be deemed to have consented.
Individuals may withdraw or vary their consent at any time unless such withdrawal or variation would frustrate a legal obligation or impose an obligation or liability on ONITT or the individual. Unless the likely consequences of withdrawing or varying consent are reasonably obvious, ONITT shall then inform the individual of the likely consequences of withdrawing or varying consent. In the case of employees, the withdrawal or variation of consent may mean that ONITT can no longer continue to employ the individual.
- LIMITATION ON THE COLLECTION OF PERSONAL INFORMATION:
ONITT endeavours to collect Personal Information only for reasonable purposes and only that Personal Information that is required to enable ONITT to carry out the purpose for which the Personal Information is being collected.
- LIMITATION ON USE, DISCLOSURE AND RETENTION OF PERSONAL INFORMATION:
Personal Information will not be used or disclosed for purposes other than those for which such Personal Information was collected, except with the consent of the individual or as required by law. Personal information will be retained only as long as necessary for fulfilment of those purposes, to comply with existing laws and in accordance with ONITT’s records management policies and practices.
- ACCURACY OF PERSONAL INFORMATION COLLECTED, USED AND DISCLOSED BY ONITT:
ONITT endeavours to utilize reasonable procedures to keep the Personal information in its possession or under its control accurate, complete and current. Where an individual demonstrates that the Personal Information about that individual and under the control of ONITT is inaccurate or incomplete, ONITT will make the necessary amendments. In the event that ONITT feels an amendment should not be made, ONITT will so advise the individual and record that the request was made.
- SAFEGUARDS UTILIZED BY ONITT TO PROTECT PERSONAL INFORMATION:
Personal information will be protected by ONITT against loss, theft, unauthorized access, disclosure, copying, use, or modification regardless of the format in which it is held. For example, ONITT maintains any Personal Information that is in paper format in a secure area under lock and key and only authorized personnel who have a need to know are allowed access to that Personal Information. Personal Information that is in digital format is password protected or encrypted.
- OPENNESS BY ONITT:
Information about the policies and practices of ONITT related to the management of Personal Information by ONITT is made available to affected individuals.
- INDIVIDUAL ACCESS TO PERSONAL INFORMATION IN THE POSSESSION OR UNDER THE CONTROL OF ONITT:
Subject to the exceptions provided in the legislation, when requested in writing, ONITT will allow an individual access to his or her own Personal Information and advise the individual on how the information has been used and to whom it has been disclosed. The individual may correct or amend any Personal Information if accuracy and completeness is challenged and found deficient. A Request for Personal Information Form can be obtained by contacted ONITT’s Privacy Officer. ONITT will respond to the request within 30 days. Where there is a large volume of material or the Personal Information is stored in a large number of locations, a 30 day extension may be requested by ONITT. In situations where the law prohibits ONITT from providing the Personal Information or providing the Personal Information would result in the disclosure of another individual’s Personal Information, ONITT will not provide such Personal Information and will advise the individual making the request why that Personal Information cannot be provided.
When responding to requests for Personal Information, the law prohibits ONITT from disclosing Personal Information where the disclosure could reasonably be expected to threaten the safety or physical or mental health of an individual other than the individual who made the request, or where the disclosure would reveal Personal Information about another individual or where the disclosure would reveal the identity of an individual who has in confidence provided information with an opinion about another individual and the individual providing the opinion does not consent to the disclosure of their identity.
- PROVIDE RECOURSE TO THE INDIVIDUAL:
An individual may address a challenge concerning compliance with the above noted principles to ONITT’S Privacy Officer by email at email@example.com.