End User License Agreement

PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY BEFORE ACCESSING OR USING IRIS.

Acceptance

This end user license agreement, and all documents referenced herein (collectively, the “Agreement”), set out the terms and conditions that apply to your use of Iris, including the Iris application, the Iris website, and any and all materials, documentation, information and other content provided thereon (collectively, the “Service”). Your access and use of the Service constitutes your agreement to be bound by this Agreement, which establishes a contractual relationship between you and Worksite Safety Compliance Centre Inc. (“Worksite Safety”).

By accessing or otherwise using the Service, or by ticking the box to agree to this Agreement when you create an account or accept an invitation, you acknowledge that you have read this Agreement and that you understand and agree to be legally bound by it. If you do not accept this Agreement, you must not access or otherwise use the Service.

If you accept this Agreement on behalf of a business or other organization (your “Organization”), you represent that you have the authority to bind that Organization to this Agreement, and “you” includes your Organization.

Modifications

Worksite Safety may, in its sole discretion and for any reason, modify, supplement or amend this Agreement from time to time by posting a revised Agreement on the Service. When this Agreement changes, you will be asked to read and accept the revised Agreement before you continue to use the Service. If you do not accept the revised Agreement, you must stop using the Service.

Licence

Subject to your compliance with this Agreement and payment of any applicable fees, Worksite Safety grants you a limited, non-transferable, non-sublicensable, and non-exclusive licence to access and use the Service solely for the internal business purposes of your Organization. You agree not to modify, reproduce, distribute or create derivative works of any Worksite Safety intellectual property, nor resell, sublicense or otherwise make the Service available to any third party.

Any unauthorized use, including commercial resale or distribution, sublicensing, or exploitation, of the Service may subject you to additional legal action. Worksite Safety reserves all rights to protect its intellectual property and enforce the terms of this Agreement, including, but not limited to, seeking injunctive relief and damages.

Service Use

This Agreement shall apply to your use of the Service, regardless of the type of device used to access, use or view the Service. The transmission of data or information over the Internet or other forms of networks may not be secure, and is subject to possible loss, interception or alteration while in transit. Worksite Safety cannot guarantee security of any communication to or from the Service. Worksite Safety does not assume any liability for any damage you may experience or costs you may incur as a result of any electronic transmissions over the Internet, other forms of networks or otherwise while using the Service. You should take reasonable and appropriate precautions to ensure compatibility of the Service with your specific computer, mobile or other device. Worksite Safety does not assume any responsibility or risk for your use of the Internet and you are responsible for all charges and necessary permissions related to accessing the Service through your Internet service or mobile access provider.

You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead Worksite Safety with respect to any information you provide. It is prohibited to misuse the Service, including using the Service in such a manner that interferes with another person’s use or enjoyment of the Service. It is prohibited to use the Service in any way that is designed to compromise the security or integrity of the Service, such as hacking, corrupting or the intentional introduction of viruses. You agree that you will not use the Service for any purpose that is unlawful.

You may not use the Service if you live in a jurisdiction where access to or use of the Service may be illegal or prohibited. It is solely your responsibility to determine whether your use of the Service is lawful, and you must comply with all applicable laws.

You may not gather, extract, reproduce and/or display on any non-Worksite Safety website, any information or material on or from the Service, whether or not by the use of data mining, robots, spiders or other ‘screen scraping’ software or system used to extract data without the express consent of Worksite Safety.

Your Responsibility for Your Records

The Service imports orders from online stores you connect and records them in QuickBooks Online companies you connect, according to the settings and mappings you choose. The Service is not intended to replace the judgment of a trained or certified professional, such as an accountant or tax advisor, and does not provide accounting, tax or legal advice. You are solely responsible for your settings and mappings, for reviewing what the Service records in your QuickBooks Online companies, and for the accuracy of your books, tax filings and other records. Your reliance on any information obtained from or through the Service is solely at your own risk.

Third-Party Services

The Service works with third-party services that you choose to connect, such as QuickBooks Online, WooCommerce, Shopify and Qualify. Your use of those services is governed by their own terms and privacy policies, not this Agreement. Worksite Safety is not responsible for the availability, content, security or privacy practices of any third-party service, and is not responsible for any change a third party makes that affects the Service. When you connect a third-party service, you authorize Worksite Safety to access it on your behalf as needed to provide the Service.

The Service may, from time to time, contain links to other websites that are not maintained by, related to or affiliated with Worksite Safety. Worksite Safety is not responsible for the content of any third party website, nor does it make any representation or warranty of any kind regarding any other websites or the contents on those websites. These links are provided solely for your convenience and the inclusion of any link does not constitute or imply Worksite Safety’s endorsement, approval, affiliation, sponsorship, investigation or verification of the linked website or information contained in the linked website, or of their security or privacy practices. These websites may have their own privacy policies or terms of use and are not governed by this Agreement. It is your responsibility to review and comply with the terms and conditions of linked websites and to take the necessary precautions to protect yourself from malicious, disruptive or otherwise harmful software or data, including using anti-virus software. Linking to any other website is at your sole risk and Worksite Safety will not be responsible or liable for any damages in connection with such linking.

Account

In order to access or utilize the Service, you are required to establish and maintain an account (your “Account”). Your Account may only be accessed by your email address and password, together with any two-factor authentication required by the Service. You are solely responsible and liable for any use or misuse of your Account, email address and password, and for all activities that occur under them. For security reasons, you should keep your password confidential and not disclose it to any person or permit any other person to use it. Accounts may be cancelled or suspended by Worksite Safety at any time, without liability to you or any other person. Worksite Safety is not under any obligation to verify the actual identity or authority of the user of any email address or password.

Each Organization on the Service has one owner (the “Owner”). The Owner is responsible for the Organization, including inviting and removing members, assigning their roles, billing, and deleting the Organization. You are responsible for the actions of the members you invite to your Organization.

You should immediately notify Worksite Safety of any unauthorized use of your Account, email address or password, or if you know or suspect that your password has been lost or stolen, has become known to any other person, or has been otherwise compromised. Worksite Safety is not responsible for your failure to do so, or for any delay in suspending your Account following your notice. You agree to fully cooperate with Worksite Safety to remedy any issues related to the suspected or actual unauthorized use of your Account.

Accuracy of Information

Worksite Safety relies on the information you provide through the Service, including, without limitation, your Account information, which must be true, accurate, current and complete. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, Worksite Safety or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to keep your Account information up to date.

Trial, Prices and Payment

A new Organization may use the Service for a free trial period. To continue using the Service after the trial, the Owner must choose a plan and provide a payment card. Plans are priced by the number of orders processed each month, as described on the Service’s pricing page. By choosing a plan, you agree to pay, in full, the fees and all applicable taxes for that plan, by credit card or other form of permitted payment, as identified on the Service. Unless otherwise indicated, all dollar amounts are in Canadian dollars. Prices displayed on the Service are subject to change by Worksite Safety without notice, and any change will apply from your next billing period.

If payment in full is not received and verified by Worksite Safety, Worksite Safety may suspend the Service until payment is received.

Your Data

As between you and Worksite Safety, you retain all rights in the information you and your connected stores and QuickBooks Online companies provide to the Service (“Your Data”). You grant Worksite Safety the right to collect, store and process Your Data as needed to provide the Service, in accordance with the Privacy Policy. You are responsible for having the rights and consents needed for Worksite Safety to process Your Data, including the personal information of buyers in your stores.

Your Data is kept for the life of your Organization’s Account. The Owner may delete the Organization at any time. A deleted Organization is locked immediately, may be restored by the Owner within 30 days, and is then permanently deleted, together with Your Data.

Intellectual Property

The Service consists of graphics, texts, icons, buttons, videos, software, audio and other files, images and other materials that are the property of Worksite Safety and/or its various subsidiaries, affiliates and third party providers (collectively, “Third Parties”) and are protected to the fullest extent permitted by applicable law, including copyright, trademark, patent and all other applicable intellectual property laws.

Certain names, graphics, logos, icons, designs, words, titles and phrases contained within the Service may constitute trade names, registered or unregistered trademarks or service marks (collectively, “Trademarks”) of Worksite Safety or the applicable Third Party. All Trademarks are and shall remain the sole and exclusive property of their respective owners.

Your use of the Service does not grant or transfer to you any ownership or other rights in the Service or to any Trademarks. Notwithstanding any other provision in this Agreement, no title or ownership of the copyright, trademark, trade secret and other proprietary or intellectual property rights in the Service is transferred to you by virtue of this Agreement notwithstanding the use of terms such as “purchase”, “subscription” or the like. Any rights not expressly granted to you in this Agreement are expressly reserved by Worksite Safety and/or the applicable Third Party. You shall not, directly or indirectly, copy, reproduce, distribute, modify, adapt, create derivative works from, publicly display, republish, transfer, transmit, sell, compile for an internal database or store any content of the Service (other than Your Data), in any form or by any means, without the express written permission of Worksite Safety or the applicable Third Parties.

Liability Disclaimer – Read Carefully

Except as expressly set out in this Agreement, as amended from time to time, and to the fullest extent permitted by applicable law, Worksite Safety and the Third Parties make no representations or warranties of any kind, express, implied, statutory or otherwise regarding the Service, which is provided on an “as is” and “as available” basis.

Worksite Safety and the Third Parties expressly disclaim all representations, warranties, guarantees, covenants and conditions of any kind relating to the Service, whether express, implied, statutory or otherwise, including, without limitation, any implied warranties or conditions of merchantability, quality, fitness for a particular purpose, title, accuracy, completeness and non-infringement. Without limiting the generality of the foregoing, Worksite Safety and the Third Parties make no representation or warranty that: (a) the Service will be compatible with your computer, mobile or other device and/or software; (b) the Service will be accurate, reliable, complete, current, timely, useful or suitable for any particular purpose; (c) the operation of or access to the Service will be uninterrupted, timely, secure or error-free; (d) defects or errors in the Service will be corrected; (e) the Service will be free from infections, viruses, Trojan horses, malware, worms or other harmful components or code; (f) communications to or from the Service will be secure and/or not intercepted; and (g) the use of the Service will meet any user requirements.

You acknowledge and agree that your use of the Service is at your sole risk and you are solely responsible for any damage you may sustain. In no event will Worksite Safety be liable for the conduct of users of the Service. Worksite Safety assumes no responsibility, and will not be liable, whether in tort, contract or any other theory of law, equity or civil law, for any damages to, or any viruses affecting your devices or other property on account of your access to, use of or browsing on the Service or your downloading of any materials, text, images, video, audio or other data from the Service, regardless of whether or not Worksite Safety or the Third Parties knew or should have foreseen or known of same.

Maximum Liability

In no event will Worksite Safety or the Third Parties be liable for any direct, indirect, punitive, special, incidental, exemplary or consequential damages, damages for loss of use, loss of data, loss of profits, business interruption, or any other damages whatsoever arising out of or in any way related to the use or performance of the Service. These limitations will apply regardless of the claim, and regardless of whether Worksite Safety had been advised of the possibility of such damages. You acknowledge and agree that you are using the Service at your own risk and liability.

If Worksite Safety or any of the Third Parties should be found liable for any loss or damage which arises out of or is in any way connected with any of the functions or uses of the Service, the aggregate liability of Worksite Safety and the Third Parties will in no event exceed the fees paid by you to Worksite Safety for the Service in the twelve (12) months before the event giving rise to the claim.

Indemnification

To the maximum extent permitted by applicable law, you agree to indemnify, defend (at Worksite Safety’s option) and hold Worksite Safety, the Third Parties and their respective affiliates, directors, officers, employees, agents and representatives harmless from and against any and all claims, losses, liabilities, damages, suits, actions, penalties, demands, levies, costs and expenses (including reasonable legal and advisor fees) of whatever kind or nature, arising out of or relating to: (a) your access to or use of the Service and your activities in connection with the Service; (b) your breach of any of the terms contained in this Agreement; (c) your violation or anticipatory violation of any applicable laws in connection with your use of the Service or your activities in connection with the Service; (d) any misrepresentation made by you; (e) Your Data, including your collection of the personal information of buyers in your stores; and (f) Worksite Safety’s permitted use of any information submitted by you through your Account.

Force Majeure

Worksite Safety will not be liable to you or any third party for any delay or failure in Worksite Safety’s performance under this Agreement, due to any cause beyond its reasonable control, including, but not limited to, acts of God, epidemics, pandemics, public health emergencies, earthquakes, floods, fires, explosions, breakdown, failures or changes of third-party services, lock-outs, strikes or labor disputes, embargoes, riots, sabotage, terrorism, governmental acts or any other events that could not have been reasonably foreseen or mitigated. Worksite Safety will make reasonable efforts to resume performance as soon as practicable.

Applicable Laws

This Agreement and your use of the Service are governed by the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to any conflict of laws provisions. You expressly attorn to the exclusive jurisdiction of the courts located in the Province of Ontario in connection with any matter arising out of or relating to the Service or this Agreement, unless otherwise agreed by Worksite Safety in its sole discretion. The parties specifically exclude the application of the United Nations Convention on Contracts for the International Sale of Goods and the application of any domestic statute that has adopted it into law.

Privacy

You acknowledge that you have read Worksite Safety’s privacy policy for the Service, available on the Service, as updated from time to time (the “Privacy Policy”), the terms of which are incorporated into this Agreement, and you agree that the terms of the Privacy Policy are reasonable. You consent to the collection, use and disclosure of your personal information by Worksite Safety in accordance with the terms of and for the purposes set out in the Privacy Policy.

You understand that Worksite Safety may monitor and track your usage of the Service, including after the termination of your Account. You acknowledge that, subject to the Privacy Policy, Worksite Safety may disclose information relating to your use of, or access to, your Account and the Service that is necessary to satisfy any law, regulation, governmental or other lawful request from any applicable jurisdiction.

Survival

The sections titled Your Data, Intellectual Property, Liability Disclaimer, Maximum Liability, Indemnification, Applicable Laws and Privacy, and any other sections which by their nature survive the termination or expiration of this Agreement and/or your access to and/or use of the Service will survive any termination or expiration thereof.

Entire Agreement

This Agreement, together with any rules, policies or guidelines posted on the Service by Worksite Safety or incorporated or referred to herein, including the Privacy Policy, constitutes the entire agreement between you and Worksite Safety with respect to the subject matter hereof, and supersedes all other or prior communications, representations or agreements, whether electronic, oral or written, regarding the subject matter of this Agreement, and may not be amended or modified except by Worksite Safety.

Language of Agreement

Vous avez eu accès à une version française de ces Conditions. Si, néanmoins, vous choisissez d’accepter uniquement la version anglaise de ces Conditions, vous serez réputé avoir exigé que ces Conditions et tous les documents associés soient rédigés uniquement en anglais. En cas de conflit ou d’incohérence entre les versions française et anglaise du Contrat, la version anglaise prévaudra.

You have been provided access to a French version of this Agreement. If, notwithstanding, you choose to accept only the English version of this Agreement, you will be deemed to have required that this Agreement and all related documents be drafted in English only. In the event of any conflict or inconsistency between the French and English versions of this Agreement, the English version shall prevail.

Miscellaneous

The headings used in this Agreement are included for convenience only and will not limit or otherwise affect this Agreement.

You and Worksite Safety are independent contractors. This Agreement does not constitute either party as an agent, legal representative, sales representative, franchisee, partner, employee, servant or joint venturer for any purpose of the other party. Neither party will have any authority to make any statements, representations or commitments of any kind, or to take any action or incur any liability, which will be binding on the other party.

If any provision of this Agreement is deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions will not be affected.

This Agreement is binding upon you, your heirs, executors, beneficiaries, successors and assigns and you may not assign this Agreement to any other party without Worksite Safety’s prior written consent, which consent may be withheld in Worksite Safety’s sole discretion.

Worksite Safety will not be considered to have waived any of its rights or remedies described in this Agreement unless the waiver is in writing and signed by Worksite Safety. No delay or omission by Worksite Safety in exercising its rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. The failure of Worksite Safety to insist upon strict adherence to any term of this Agreement shall not constitute a waiver of such term and shall not be considered a waiver of, or limit, its right thereafter to insist upon strict adherence to that term or any other term contained in this Agreement.

Feedback and Questions

Worksite Safety appreciates any feedback and other suggestions you may have regarding the Service. In doing so, you consent to Worksite Safety’s use of such feedback or suggestions without any restrictions or obligation to compensate you for them, and acknowledge that Worksite Safety is under no obligation to keep them confidential.

If you would like to relay any feedback or have any questions about Worksite Safety and/or the Service, please direct them to:

Worksite Safety Compliance Centre Inc.
Suite 603 – 4475 North Service Rd.
Burlington, Ontario, L7L 4X7
Phone: 1 (866) 756-5552
Technical Support: support@worksitesafety.ca