Terms of use

This website ("Web Site") is offered to you by Speech Processing Solutions Canada Inc. 235 Yorkland Blvd, Suite 303 Toronto, ON, M2J 4Y8, Canada and Speech Processing Solutions GmbH, Gutheil-Schoder-Gasse 8-12, 1100 Vienna, Austria (together "SPS").

The following Terms of Use govern your access and use of this Web Site. Also, specific terms and conditions may apply to specific content, data, materials, or information contained on or available through this Web Site (the "Content") and to specific content, data, materials, or information you may upload, submit and/or publish to the Web Site (“User Content”) or transactions concluded through this Web Site. Such specific terms may be in addition to these Terms of Use or, where and then only to the extent expressly specified, may supersede these Terms of Use.

1. Acceptance of Terms of Use

By accessing or using this Web Site you agree to be legally bound by the Terms of Use and all terms and conditions contained or referenced herein or any additional terms and conditions set forth on this Web Site. If you do NOT agree to all of these terms, you must NOT access or use this Web Site.

2. Modification of Terms

These Terms of Use may be amended by SPS at any time. Such amended Terms of Use shall be effective upon posting. By continuing to access or use the Web Site after such posting, you will be deemed to have accepted such amendments. You are advised to regularly review any applicable terms and conditions. Other SPS web sites may have their own terms of use which apply to such web sites.

SPS reserves the right to discontinue or make changes or updates with respect to the Web Site or the Content of the Web Site at any time without notice. SPS reserves the right to restrict, refuse or terminate access of any person to the Web Site or any part thereof effective immediately without notice at any time and for any reason whatsoever at its sole discretion.

3. Privacy Policy

Personal information provided or collected through or in connection with this Web Site shall only be used in accordance with SPS' Privacy Policy as posted on this Web Site.

4. Disclaimers

ALL INFORMATION (INCLUDING, WITHOUT LIMITATION, TEXT, IMAGES, GRAPHICS, LINKS, AND OTHER MATERIALS) ON THE WEB SITE IS PROVIDED "AS IS" AND "AS AVAILABLE". SPS AND ITS SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS AND SUPPLIERS HEREBY EXPRESSLY DISCLAIM TO THE EXTENT PERMITTED BY APPLICABLE LAW ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT. Neither SPS nor its subsidiaries, affiliates, partners, licensors and suppliers warrants or makes any representations that (i) the Web Site will meet your requirements, (ii) the Web Site will be uninterrupted, timely, secure, or error free, or (iii) the results that may be obtained from the use of the Web Site (including any information and materials on this Web Site) will be correct, complete, accurate, reliable, or otherwise meet your requirements.

SPS and its subsidiaries, affiliates, partners, licensors and suppliers shall have no liability for interruptions or omissions in Internet, network or hosting services and do not warrant that the Web Site or the services which make this Web Site available or electronic communications sent by SPS are free from viruses or any other harmful elements.

5. Registration

Accessing certain areas of the Web Site and using certain functions or features of the Web Site may require you to register as a user. This registration is free of charge.

When you register, you must choose a unique user name and password and you must provide a unique, valid, current and verifiable e-mail address. Duplicate user names and e-mail addresses are not allowed, so if the name or address you enter is already in use, you will be prompted to choose another one. We will send you a confirmation e-mail with your registered information. In the event that delivery of such information fails for any reason, your access or use of areas, functions or features requiring such registration may be refused or terminated. Should your personal data that you provided during registration change, you have to promptly update your personal data to keep registration accurate and current. You are solely responsible for maintaining the confidentiality of your password and for restricting access to your computer(s) and account. You agree to accept responsibility for all activities occurring under your account, user name, and/or password that are due to your conduct, inaction, or negligence. If you become aware of any suspicious or unauthorized conduct concerning your account, user name and/or password, you agree to contact us by email to live.support(at)speech.com immediately.

You can at any time request via email to live.support(at)speech.com, that we delete your registration, unless the data are still required for the fulfilment of existing orders. In such case we will delete your personal data, that you have provided to us during registration as soon as the data are not needed any more.

6. Limitation of Liability

IN NO EVENT SHALL SPS OR ANY OF ITS SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL OR OTHER DAMAGES RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE ACCESS, USE OF, OR INABILITY TO ACCESS OR USE THIS WEB SITE, THE CONTENT OR THE USER CONTENT WHETHER ARISING IN NEGLIGENCE, TORT, STATUTE, EQUITY, CONTRACT (INCLUDING FUNDAMENTAL BREACH), COMMON LAW, OR ANY OTHER CAUSE OF ACTION OR LEGAL THEORY EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SPS OR ANY OF ITS SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS OR SUPPLIERS EXCEED THE AMOUNT PAID BY YOU TO SPS IN THE PRECEDING ONE MONTH PERIOD. The foregoing exclusions or limitations of liability may not apply, to the extent such exclusions or limitations are not allowed under applicable national or provincial law.

7. Third Party Content

SPS is in no way responsible for the content of any site owned by a third party that may be linked to the Web Site via hyperlink, whether or not such hyperlink is provided by the Web Site or by a third party in accordance with the Terms of Use. Any link on our Web Site to another site is not an endorsement of such other site and no judgment or warranty is made with respect to the accuracy, timeliness, or suitability of the content of any site to which the Web Site may link, and we take no responsibility therefor.

8. Software

Any software made available for downloading from or through this Web Site is licensed subject to the terms of any applicable license agreement. Except as set forth in the applicable license agreement, the software is made available for use by end users only and any further copying, reproduction or redistribution of the software is expressly prohibited. WARRANTIES, IF ANY, WITH RESPECT TO SUCH SOFTWARE SHALL ONLY APPLY AS EXPRESSLY SET FORTH IN THE APPLICABLE LICENSE AGREEMENT. SPS HEREBY EXPRESSLY DISCLAIMS ALL FURTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE.

9. Copyright and Trademarks

Copyright and all other proprietary rights in Content provided by SPS, its affiliates, subsidiaries and/or partners, the software to operate and publish the Web Site, the compilation of data on the Web Site, and the order, sequence and arrangement of this Web Site, all belong to SPS and / or its partners or licensors. All rights in the Content not expressly granted herein are reserved.

Philips is a registered trademark of Koninklijke Philips N.V.

10. Indemnification and Release

You agree to indemnify and hold harmless SPS, its subsidiaries, affiliates, partners and suppliers and each of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns, from and against any damages, liabilities, costs and expenses (including reasonable attorneys' and professionals' fees and litigation costs) that arise out of the posting, content, or transmission of any message, data, material or any other User Content you submit on the Web Site or any violation of these Terms of Use by you. In the event of any complaint or legal action arising from any message, or any other User Content posted by you, SPS reserves the right to reveal your identity and any other information SPS may have about you.

If you have a dispute with one or more users, you release SPS, its subsidiaries, affiliates, partners and suppliers, and each of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

11. Shut-Down of Site/Termination

We have the sole right to shut down the Web Site or any part thereof for any reason at any time without notice or consent. We will have no responsibility or liability for failure to store or delete any Content and/or User Content submitted to the Web Site. SPS has the right to terminate your use of the Web Site at any time by providing notice to you.

SPS has the right to immediately terminate your use of the Web Site without notice if you breach any of the Terms of Use or any other agreement with SPS. 12. SPS Products The Web Site may contain references to specific SPS products and services that may not be (readily) available in a particular country. Any such reference does not imply or warrant that any such products or services shall be available at any time in any particular country. Please contact your local SPS business contact for further information.

13. Applicable Law and Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of Ontario, Canada, without regard to its conflicts of law provisions and the United Nations Convention of Contracts for the International Sale of Goods. You agree to comply with all applicable law in connection with your use of the Web Site.

All disputes arising from or in connection with these Terms of Use shall be exclusively referred to the courts in Markham, Ontario although SPS retains the right in its sole discretion to bring any suit, action or proceeding against you for breach of these Terms of Use in any other relevant jurisdiction.

For residents of Quebec: All disputes arising from or in connection with these Terms of Use shall be exclusively referred to the courts in Montreal, Quebec.

14. Severability

If any provision of these Terms of Use is held to be invalid or unenforceable, the remaining provisions shall be enforced.

15. Waiver

No failure or delay by SPS in exercising any right, power or privilege hereunder shall operate as a waiver of such right, power or privilege.

16. Assignment

You may not assign this agreement without the prior written consent of SPS. SPS may assign all of its rights and obligations under this agreement without your consent on notice to you and upon any such assignment, SPS shall be fully released from its obligations hereunder and the assignee shall assume the rights and obligations of SPS as if the assignee were an original party to this agreement.

Thank you for joining our Web Site.

 

Last Update: 25 May 2018