HORIZON STUDENT PLANNER
TERMS OF USE

These terms and conditions of use (the “Terms”) govern your access to and use of any materials, content or services provided through the Horizon Student Planner website, online service and mobile application (collectively, the “Application”), owned by Old Dog Technologies Ltd. (“Old Dog Technologies” or “us”). By downloading or otherwise accessing the Application, you accept and agree to be bound by these Terms, and all applicable laws and regulations.

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PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, VARIOUS LIMITATIONS, EXCLUSIONS AND INDEMNITIES.

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Your use of the Application is subject to these Terms. If you are not willing to be bound by each and every term and condition, or if any representation made by you herein is not true, you may not use, and must immediately cease accessing, the Application.

1.    Updates to Terms. We reserve the right to amend these Terms at any time without notice to you, but we will use reasonable efforts to publish each amendment at least thirty (30) days before it becomes effective. We will ensure that the latest, fully-amended version of these Terms are published on through the Application. You are responsible for regularly reviewing the Application to obtain timely notice of such amendments. If any amendment is unacceptable to you, you may terminate your agreement to these Terms as set out above. If you continue to use the Application after the effective date of each amendment, you will be conclusively deemed to have accepted such amended version of these Terms.

2.    Errors and Omissions. Without limiting the remainder of these terms, the Application and all Content (as defined below) is provided on an “as-is”, “as-available” basis, and we do not guarantee, represent or warrant that it will be error free or that the Content will be free of errors or omissions. Before using the Application or any Content obtained from it, you are encouraged to verify any information with the appropriate establishment.

3.    License to Use. Subject to these Terms, we grant you permission to download or otherwise access the Application as a personal, non-exclusive, non-transferable, limited license to use the Application for transitory, non-commercial purposes, provided that with respect to any materials obtained from the Application, you may not, except as expressly permitted through the functionality of the Application:

(a)    copy, display, distribute, modify, publish, reproduce, transmit, translate, reproduce or create derivative works of such materials, except as explicitly provided;

(b)    use the materials for any commercial purpose;

(c)    distribute or transmit the materials;

(d)    publicly display, publish or perform the materials (for any purpose, commercial or non-commercial);

(e)    create derivative works from, transfer, or sell any materials;

(f)    attempt to decompile, disassemble, or reverse engineer any software or database contained in or accessed through the Application;

(g)    remove any copyright or other proprietary notations; or 

(h)    except as explicitly provided, use any robots, spiders, crawlers or other automated downloading programs, algorithms or devices, or any similar or equivalent manual process, to: (i) continuously and automatically search, scrape, extract, deep link or index any Content; (ii) harvest personal information from the Site for purposes of sending unsolicited or unauthorized material; or (iii) cause disruption to the working of the Site or any other person’s use of the Site;

in each case without our prior, written consent. All rights not expressly granted to you are reserved by us and, if applicable, our licensors.

4.    Privacy Policy. You acknowledge that you have read the Privacy Policy located at https://horizonstudentplanner.com/terms-and-conditions, as it may be updated from time to time (the “Privacy Policy”), and hereby consent to the collection, use and disclosure by us and our agents of your personal information (whether previously collected or to be collected) for the purposes identified therein. You also consent to our use of such personal information in accordance with applicable terms and conditions contained in these Terms and such Privacy Policy, which is incorporated herein by reference and forms an integral part hereof.

5.    Your Account. Your use of the Application requires an account identifying you as a user (an “Account”). When you create and use an Account, you will be asked to provide certain information which will be subject to our Privacy Policy. In connection with your Account, you are solely responsible for (a) your Account and the maintenance, confidentiality and security of your Account and all passwords related to your Account; and (b) any and all activities that occur under your Account, including all activities of any persons who gain access to your account, with or without your permission. You must not register for an Account on behalf of any individual other than yourself, or register for an account on behalf of any group or non-individual entity unless you are duly authorized to do so by such group or entity. You agree to immediately notify us of (i) any unauthorized use of your Account, any service provided through your Account or any password related to your Account, or (ii) any other breach of security with respect to your Account or any service provided through it, and (iii) you agree to provide assistance to us, as requested, to stop or remedy any breach of security related to your Account. You agree to provide true, current, accurate and complete customer information as requested by us or our agents from time to time and you agree to promptly notify us of any changes to this information as required to keep such information held by us current, complete and accurate. We may assign you, or you may create, a password and account identification to enable you to access and use certain portions of the Application. Each time you use a password or identification, you will be deemed to be authorized to access and use the Application in a manner consistent with these Terms and we have no obligation to investigate the authorization or source of any such access or use of the Application.

6.    Proprietary Rights. In these Terms, “Content” means all materials and content contained on or accessed from the Application, including text, graphics, user interfaces, visual interfaces, editorial, photographs, multimedia elements, logos, audiovisual materials, videos, music, sounds recordings, reports, documents, software, information, formulae, patterns, data and any other work.

(a)    Our Content – Except where expressly stated otherwise, all right, title and interest in and to the Application and all Content, source code, processes, designs, technologies, URLs, domain names, marks and logos forming any part of the Application (collectively, “Our Content”) is fully vested in us, our licensors or our suppliers and are protected by applicable copyrights, trade-marks, patents, trade secrets or other proprietary rights and laws. You agree that Our Content is licensed subject to these Terms, including the disclaimers and limitations of liability herein. Nothing in your use of the Application or these Terms grants you any right, title or interest in or to Our Content except the limited right to use the Application as set out herein.

(b)    Third Party Content – Content accessed or available through the Application may be owned by parties other than you or us (collectively, “Third Party Content”) and may be protected by applicable copyrights, trade-marks, patents, trade secrets or other proprietary rights and laws. Nothing in your use of the Application or these Terms grants you any right, title or interest in or to this Third Party Content except for the limited right to use the Application as set out herein. We do not claim ownership of Third Party Content and we are not responsible for its content, accuracy or compliance with relevant laws or regulations. The trademarks, logos, and service marks displayed on or through the Application are the property (whether registered or unregistered) of us, our licensors or other third parties. Except as expressly indicated on the Application, no endorsement, sponsorship, affiliation or other authorization is implied by any use of third party trademarks on or through the Application.

(c)    Links and other External Content – The Application may contain links to third-party sites or resources. We are not responsible for the availability of external sites or resources linked from the Application, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Transactions that occur between you and any third party are strictly between you and the third party and are not the responsibility of Old Dog Technologies, including but not limited to interactions with social media. Because we are not responsible for the availability or accuracy of these outside resources or their contents, you should review the terms and conditions and privacy policies of these linked sites, as their policies may differ from ours.

(d)    Your Content – The Application may contain social media, comments or other communication services. We do not claim ownership of any Content that you post, upload, input, provide, enter, submit or otherwise transfer to us, or any third party, using the Application (collectively, “Your Content”) and we are not responsible for the accuracy of Your Content or its compliance with relevant laws or regulations; however, you agree that by posting, uploading, inputting, providing, submitting, entering or otherwise transmitting Your Content to us or any third party using the Application:

(i)    you will be deemed to have thereby granted us a royalty-free, non-exclusive, worldwide, fully paid-up, irrevocable license to use, copy, distribute, transmit, display, edit, delete, publish and translate Your Content to the extent reasonably required by us to provide the Application as it may exist from time to time, in any medium whatsoever, or to ensure adherence to, or enforce, these Terms;

(ii)    you will be deemed to have thereby confirmed, represented and warranted to us that you have all right, title and interest, as well as the power and authority necessary, to grant such license to Your Content to us as set out above; and

(iii)    you will indemnify and save us harmless from and against any liabilities, actions, proceedings, claims, causes of action, demands, debts, losses, damages, charges and costs, including reasonable legal costs, any amount paid to settle any action or to satisfy a judgment and expenses of any kind and character whatsoever incurred by us relating to or arising from Your Content, including instances where the Your Content (A) infringes any Third Party Content or other third-party intellectual property rights, or (B) is inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful.

(e)    Deletion of Your Content – You acknowledge and agree that we may retain a copy or copies of Your Content for archival or compliance purposes or to otherwise provide the Application to you or others, subject always to your license to us set out above, even if you delete your Account to which Your Content is connected. If permitted by the functionality of the Application, you may delete Your Content from the communication facilities thereupon, though we may retain a copy internally thereof for compliance purposes.

7.    Acknowledgements. You acknowledge and agree that:

(a)    you are exclusively responsible for determining the accuracy, suitability, harmfulness or legality of any Content, information or material received, transmitted or sent by you using the Application

(b)    all use of the Application provided by us is at your own risk, that the Content that you may access while using the Application may contain external links, which are provided solely as a convenience to you and the inclusion of any such link does not imply endorsement, investigation or verification by us of such Applications or the information contained therein,

(c)    all products and services provided under these Terms are provided on an “as is” and “as available” basis,

(d)    the technical processing and transmission of the Application may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices, and that such Content may be subject to “caching” or other technical processing or transmission policies and procedures by us or at intermediate locations on the Internet,

(e)    we have the right, without notice, to insert advertising data into the Application, so long as this does not involve our transmission of any of your personal information in contravention of the Privacy Policy, and

(f)    if you elect to have any business dealings with any party whose products or services may be advertised, offered or linked on or through the Application, you acknowledge and agree that such dealings are solely between you and such person and we will not be a party to, or have any responsibility or liability related thereto, and no such advertising or third party linking may be construed as an endorsement by us of any such products or services advertised.

8.    Feedback You acknowledge that if you give us any comments, ideas, suggestions and impressions of the Application and our products and services (collectively, the “Feedback”), we shall be free to incorporate the same in the Application or any future products or services without any remuneration to you whatsoever, and that you grant us a royalty-free, non-exclusive, worldwide, fully paid-up, perpetual and irrevocable right and license to use, copy, or otherwise commercially exploit such Feedback (or any product or service derived from it) for any reason whatsoever.

9.    Compliance and Complaints. We do not have any obligation to censor or review any Content or to monitor use of the Application. However, you agree that we may, without notice or liability, disclose to third parties any of your information or Your Content, monitor use of the Application and monitor, review and retain any Content, including Your Content, if we believe in good faith that such activity is reasonably necessary to provide the Application to customers, ensure adherence to or enforce these Terms, comply with any laws or regulations, respond to any allegation of illegal conduct or claimed violation of third party rights, or protect us or others. If we receive a complaint relating to use of the Application by you, you acknowledge and agree that we may, in our sole and absolute discretion and without notice or liability, investigate the complaint, and restrict, suspend or terminate your access to the. Application, including your Account, and remove Your Content from the Application. If you believe that any Content on the Application infringes upon any copyright or other intellectual property right that you own or control, you may send a written notification of such infringement to our designated agent by email at admin@olddogtechnologies.ca, and please include (a) the claimant’s name and address; (b) the identity of the work to which the alleged infringement relates; (c) the claimant’s interest or rights in respect of the work; (d) the type of infringement claimed; (e) the electronic location data for which the alleged infringement relates; and (e) the date and time of the alleged infringing activity. We have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users who are deemed to be repeat infringers of intellectual property. We may also, at our sole discretion, limit access to the Application, or terminate the Account, of any user who infringes any intellectual property rights of us or others, whether or not there is any repeat infringement.

10.    Acceptable Use and Prohibitions. In addition to any other terms or conditions regarding your use of the Application in these Terms, we may require you to agree to specific terms for particular services, products or areas of the Application from time to time by confirming your agreement. Any such additional terms which you agree to will be deemed incorporated into these Terms. Without limiting the generality of anything else contained in these Terms, you must ensure that:

(a)    you only use the Application for lawful purposes; and

(b)    if at any time you become aware of any violation, by any person or entity under your control, of any part of these Terms, you will immediately notify us and provide us with assistance, as requested, to stop or remedy such violation.

and you agree that you will not, in connection with the Application, directly or indirectly do or permit any of the following:
 

(c)    post, upload, reproduce, distribute or otherwise transmit any Content that 

(i)    is unauthorized or unsolicited commercial communications, junk or bulk communications or other “spam” (whether or not using e-mail services, including instant messaging, blog or comment spam) or is otherwise duplicative or unsolicited;

(ii)    contains a virus, cancelbot, Trojan horse, worm or other harmful, disruptive or surreptitious component;

(iii)    is defamatory, infringing, or unlawful;

(iv)    is inappropriate, profane, obscene, indecent materials or information without suitable or lawfully-required access controls (which controls shall in no event be our responsibility);

(v)    gives rise to civil liability, or otherwise violates the rights or assists others to violate the rights of us or any third party, such violations including engaging in copyright infringement, invasion of privacy, trademark infringement or defamation;

(vi)    constitutes a criminal offence, or otherwise engages in or assists others to engage in any criminal offence, including pyramid selling, unauthorized use of a computer, mischief in relation to data, fraud, obscenity and child pornography; or

(vii)    incites discrimination, hate or violence towards one person or a group because of their belonging to a race, religion, nationality, sexuality, gender or other human rights-protected group of persons;

(d)    engage in threats, harassment, intimidation, stalking or abuse or any conduct that violates the legal rights of others, including the rights of minors and rights relating to privacy and publicity;]

(e)    disrupt or threaten the integrity, operation or security of any service, computer or any Internet system;

(f)    disable or circumvent any access control or related process or procedure established with respect to the Application;

(g)    harvest, scrape, extract, gather, collect, or store personal information about others without their express consent; or

(h)    harvest, scrape, or use any robot, spider, crawler, script or other automated means or interface not provided by us to access the Application or to extract data, collect information or otherwise interact with the Application.

11.    Termination. We may, in our sole discretion, suspend, restrict or terminate your use of the Application, including your Content, and Your Account, effective at any time, without notice to you, for any reason, including if the operation or efficiency of the Application or our or any third party’s equipment or network is impaired by your use of the Application, we have received a third party complaint which relates to your use or misuse of the Application, or you have been or are in breach of any term or condition of this Agreement You acknowledge and agree that termination, curtailment, or suspension of these Terms for any reason may result in restrictions of, disruptions to or cessation of your or third party access to Your Content and your Account, and you hereby agree to release us from any and all liability and claims of loss resulting from restrictions, disruptions or cessations. If your use of the Application is suspended or restricted, we will have no obligation to forward any of Your Content to you or any third party.]

12.    DISCLAIMERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO CONDITIONS, WARRANTIES OR REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, USABILITY, SECURITY, QUALITY, CAPACITY, PERFORMANCE, AVAILABILITY, TIMELINESS OR ACCURACY OF THE APPLICATION OR ANY CONTENT, AND WE EXPRESSLY DISCLAIM ALL CONDITIONS, WARRANTIES AND REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT, WHETHER ARISING BY USAGE OF TRADE, BY COURSE OF DEALING, BY COURSE OF PERFORMANCE, AT LAW, IN EQUITY, BY STATUTE OR OTHERWISE HOWSOEVER.

13.    LIMITS OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OR OUR CONTROLLING PARTIES, AGENTS EMPLOYEES, SUPPLIERS, LICENSORS, RESELLERS OR DISTRIBUTORS BE LIABLE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FOR

(a)    INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE APPLICATION; OR

(b)    ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (I) YOUR USE OF OR RELIANCE ON THE APPLICATION, (II) YOUR INABILITY TO ACCESS OR USE THE APPLICATION, (III) THE CONTENT OR ACCURACY OF ANY MATERIAL, INFORMATION OR DATA (INCLUDING ANY SOFTWARE) RELATED TO THESE TERMS OR VIEWED, DOWNLOADED, ACCESSED OR TRANSMITTED USING, OVER OR THROUGH THE INTERNET OR THE APPLICATION ; OR (IV) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER OR ESTABLISHMENT, WHETHER OR NOT MADE ON OR THROUGH THE APPLICATION; OR

(c)    WITHOUT IN ANY WAY LIMITING THE FULL EXTENT OF THE FOREGOING, AGGREGATE DIRECT DAMAGES IN CONNECTION WITH THE APPLICATION IN EXCESS OF THE AMOUNT YOU PAID US, IF ANY, FOR USE OF THE APPLICATION (OR, AT OUR SOLE DISCRETION, WE MAY REDEPLOYMENT THE APPLICATION TO YOU, AS APPROPRIATE).

Some jurisdictions prohibit the disclaimer of certain warranties or conditions or the limitation or exclusion of certain types of liability. To the extent that applicable laws restrict or prohibit any disclaimers, exclusions and limitations in these Terms, they will not apply to you strictly to the extent necessary to make these Terms consistent with such applicable laws.

14.    General Provisions. In these Terms, (a) the captions and headings are for convenience only and do not constitute substantive matter and are not to be construed as interpreting the contents of these Terms, (b) the word “including”, the word “includes” and the phrase “such as”, when following a general statement or term (whether or not non-limiting language such as “without limitation” or “but not limited to” or other words of similar import are used with reference thereto), is not to be construed as limiting, and the word “or” between two or more listed matters does not imply an exclusive relationship between the matters being connected, and (c) all references to Application addresses or URLs shall also include any successor or replacement Applications containing substantially similar information as the referenced Application(s). Our failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. Neither the course of conduct between you and us nor trade practice shall act to modify any provision of these Terms. Our rights, powers and remedies in these Terms, including without limitation the right to suspend, restrict or terminate your access to any portion of the Application, are cumulative and in addition to and not in substitution for any right, power or remedy that may be available to us at law or in equity. If any provision of these Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability will attach only to such provision or part thereof and the remaining part of such provision and all other provisions hereof will continue in full force and effect. Subject to our Privacy Policy, we may provide you with notifications via email, in hard copy, through your Account, or through conspicuous posting of such notice on the Application, as we may determine in our sole discretion. These Terms and the rights of the parties hereto are governed by, and will at all times be construed in accordance with, the laws in force in the Province of British Columbia and the laws of Canada applicable therein, without reference to its conflict of laws principles. You hereby irrevocably consent to the exclusive jurisdiction of the courts of the Province of British Columbia, Canada in connection with any matter or dispute arising out of or in connection with these Terms or the Application We may at any time assign our rights and obligations under these Terms, in whole or in part, without notice to you. You may not assign these Terms without our prior, written consent. These Terms will inure to the benefit of and bind you and us and our respective personal and legal representatives, successors and permitted assigns. All provisions that, by their meaning or nature, are intended to survive termination or expiry of these Terms shall survive termination or expiration of these Terms. You agree that no joint venture, partnership, employment or agency relationship exists between us and you as a result of these Terms or your use of the Application.

15.    Entire Agreement; English Language. These Terms, as amended from time to time, including any and all documents, rules, terms and policies referenced herein, constitutes the entire agreement between us and you with respect to the matters referred to in these Terms and supersedes all prior and contemporaneous agreements and understandings, whether electronic, oral or written, between us and you with respect to such matters. The parties have requested and agree that this agreement and all documents relating thereto be drawn up in English / Les parties ont demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.

Questions and Concerns:
If you have any questions or concerns about these Terms, please contact us: by email: admin@olddogtechnologies.ca.