Orissa Software Inc.

Terms of Service

Terms of Service

Last Updated 20-Apr-2011

Please read these Terms of Service carefully. These Terms of Service create an agreement (the "Agreement") between you and Orissa Software Inc. regarding your use of OrissaVICTUS.com services and associated software ("Services"). If you do not agree to this Agreement, do not use the Services offered on this website.

1. Requirements for Use

To access the Services, you will need your own computer and high-speed internet access.

2. Registration

  • To register as a Corporate Account, you must be lodging facility owner and/or operator. Corporate Accounts must contract Orissa to establish a Corporate Account. You are responsible for maintaining the confidentiality and security of your Registration Information and for any and all activity that occurs under your account. You agree to notify Orissa of any unauthorized use or breach of your account.
  • To register as a Contracted Provider Account (“Subcontractor”), you must be contractually engaged in the provision of your services to a Corporate Account on this website. To register, you will need a user name, your company's full legal name, a federal business number or DUNS number, an email address, and a password (the "Registration Information"). You will also need a Verification Code that must be provided to you by a Corporate Account with whom you are contractually bound to provide your services and personnel at a Corporate Account’s lodging facility. You are responsible for maintaining the confidentiality and security of your Registration Information and for any and all activity that occurs under your account. You agree to notify Orissa of any unauthorized use or breach of your account.

3. Data, Information and Privacy

You agree that Orissa may collect, use, process and store information about you and your use of the Services, including the transfer of such information to other jurisdictions in Canada. In addition, information that you submit to Orissa in connection with the Services will be handled in accordance with our privacy statement located at: http://www.orissavictus.com/legal/privacy_statement.htm. Orissa may use information collected by VICTUS, including technical or diagnostic information, your suggestions or feedback, to maintain, improve and enhance the Services.

4. Your Responsibilities as a Orissa VICTUS User; License to Your Content

  • You are responsible for the content of all written communications and any other material ("Content") used in connection with your account. Orissa will not be liable to you or any others for any loss or damages due to your use of the Services. You agree to indemnify, defend and hold harmless Orissa from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your violation of this Section 4.
  • You agree not to upload, post, email, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically, or otherwise deemed objectionable by Orissa or its affiliates.
  • You agree not to upload, post, email, or transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letter," "pyramid schemes," "affiliate links," or any other form of solicitation.
  • You agree not to upload, post, email, transmit, or otherwise make available any Content that violates copyright, trademark or other laws protecting intellectual property, or that violates an individual's publicity or privacy rights.
  • You agree not to upload, download, transmit, or otherwise make available any code or material that harms or interferes with any device, software, network or service.
  • You agree not to violate any laws or regulations in your state or country (including but not limited to laws governing intellectual property rights, online conduct or online content).
  • You agree that you have all the rights, licenses, and permissions from third parties to use, reproduce, publish, and display Content belonging to others.
  • Orissa has no control over, and is not responsible for, the privacy of any Content that you have shared with others so always use caution when giving out any personally identifiable or sensitive information.
  • You automatically grant Orissa and its affiliates, contractors, resellers and partners, a world-wide, royalty-free, perpetual, irrevocable license to use, modify, publicly display, reproduce and distribute the Content in order for Orissa to provide you the Services. If you object to any Content on the Services website, your sole remedy is to cease using this website.

5. Software

You may be required to download and install Orissa VICTUS software ("Software"). In that event, Orissa agrees to provide you with a limited, personal, non-exclusive, non-transferable, non-sub-licensable license to use the Software in accordance to the terms of this Agreement. You may not use the Software for anything other than as intended by Orissa in connection with your use of the Services. You may not use the Software with any device, program or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by copyright laws. All rights not expressly granted by Orissa are hereby reserved. You agree not to take any action to interfere with Orissa's or its supplier's ownership of or rights in the Software. You agree that, unless otherwise permitted in this license or by law, you will not: (i) reproduce, republish, display, frame, download, distribute, or transmit the Software; (ii) to the extent permitted under applicable law redistribute, encumber, sell, rent, lease, loan, sublicense, assign, or otherwise transfer rights to the Software; (iii) modify or create any derivative works based on the Software, including customization, translation, or localization; (iv) copy, reproduce, reuse in another product or service, modify, alter, or display in any manner any software or files, or parts thereof, included as part of the Software; (v) except to the extent expressly permitted by law, decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code of the Software, or in any way ascertain, decipher, or obtain the communications protocols for accessing the Software, or the underlying ideas or algorithms of the Software; (vi) create or use any software other than as authorized by Orissa to access the Software; (vii) attempt to gain unauthorized access to the Software or to any account, application, platform, computer system or network associated with the Software; (viii) use the Software in any way that violates this Agreement, or any other agreements between you and Orissa or its affiliates, or any law; and (ix) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in or on the Software or associated with the Services.

6. Availability of the Service

The Services may not be available in all countries and it may not be available for use in any particular location. You are responsible for following the laws in your province, state or country. Orissa may make modifications to its features or any services to comply with laws and regulations. Orissa owns all the proprietary rights and interests in the Services and Services website.

7. Suspension or Termination of Your Account

You agree that Orissa may suspend or terminate your access to the Services without notice if: (a) Orissa determines that you have violated this Agreement or (b) Orissa is required to do so by any court or government authority in any country. Orissa may, upon such termination, deactivate or delete your account and any related data, information, and files, and bar any further access to such data, information, and files. Such action may include, among other things, accessing your Content or data and/or discontinuing your use of the Services without refund or compensation. Orissa will issue a refund, when appropriate, where prepaid fees have been rendered. You agree that Orissa has no obligation to monitor your use of the Services but has the right to do so to ensure your compliance with this Agreement, or to comply with any law, order, or requirement of any court or government authority in any country. You agree to comply with the following sections of this Agreement even after you are no longer using the Services: Sections 3, 4, 5, 7, 10 (as to amounts due and owing), 11, 13, 14 and 17.

8. Changes to Services and Prices

Orissa may discontinue the Service or change the Service or price (including adding and deleting features) without notice. Orissa may also add what it refers to as "Cost Features." If you want to add a Cost Feature, please contact the Orissa sales department.

9. Beta Services

Orissa may make available a "beta" version the Services ("Beta Services") for evaluation and feedback. Beta Services are Services that are in an early development stage and not available as standard product offerings. You are not obligated to use Beta Services, but if you elect to do so, you agree to the following additional terms: (a) Beta Services may contain bugs, errors and other problems and is provided to you "AS IS"; (b) Orissa makes no warranties and disclaims all liability with respect to the Beta Services; and (c) you agree to respond to Orissa's questions and inquiries regarding your use of the Beta Services. You agree that Orissa has not made any promises or guarantees that Beta Services will be announced or made available in the future and that Orissa has no obligation to announce or introduce the Beta Services. If you provide feedback regarding the Beta Services, you agree that Orissa may use and incorporate into Orissa products and services any suggestions, ideas, recommendations, bug reports, or other feedback that you provide to Orissa without compensation. Orissa may suspend or terminate access to Beta Services (and delete any Content or data provided to Orissa with respect to such Beta Service(s)) at any time, without notice and without compensation.

10. Payment

You agree that, as a Corporate Account, Orissa will bill you for all amounts due and owing for your use of the Services. Orissa reserves the right to charge interest at the lower of 1.5% per month or the highest rate permitted by law on any monthly payment (not being reasonably disputed by you) that is not received when due. You agree to notify Orissa in writing of any disputed fees within fifteen (15) days from the date that your account is charged. Orissa may suspend the Services for non-payment of undisputed fees. Orissa is entitled to recover a reasonable amount expended in connection with the collection of fees not paid when due. You agree to pay any taxes or governmental charges charged for your use of the Services.

11. Copyright Policy Regarding Third Parties

If you believe that Orissa or any of its affiliates or any user of Orissa has violated a copyright, please contact us at +1.780.496.7418 for details on how to properly notify us of a potential copyright infringement or other intellectual property rights issue.

12. Use of Your Name and Logo

You agree that Orissa may use the name, logo and other trademarks or service marks of your company for client affiliation and recognition purposes, on the website only, as part of the delivery of the Services.

13. No Warranties

To the maximum extent permitted by applicable law, you agree to use the Services at your own risk. You agree that Orissa and its suppliers, resellers and affiliates will not be responsible for any harm to any device, any loss of data, or any other harm that results from your use of the Services. ORISSA AND ITS SUPPLIERS, RESELLERS AND AFFILIATES DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE WITHOUT WARRANTIES OR CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY. ORISSA AND ITS SUPPLIERS, RESELLERS AND AFFILIATES DO NOT MAKE ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, QUIET ENJOYMENT, OR NONINFRINGEMENT. THE LAWS OF CERTAIN STATES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS THAT VARY FROM PROVINCE TO PROVINCE, STATE TO STATE, OR JURISDICTION TO JURISDICTION.

14. Limitation of Liability

YOU AGREE THAT ORISSA, AND ITS SUPPLIERS, RESELLERS AND AFFILIATES WILL NOT BE LIABLE TO YOU OR ANY OTHERS FOR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES EVEN IF ORISSA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF ORISSA AND ITS SUPPLIERS, RESELLERS AND AFFILIATES TO YOU FOR ANY CLAIM WILL BE LIMITED TO THE AMOUNT PAID BY YOU TO ORISSA FOR THE SERVICES IN THE PREVIOUS TWELVE (12) MONTHS PRECEDING THE EVENT OR CIRCUMSTANCES GIVING RISE TO SUCH CLAIM EVEN IF ANY REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. THE LAWS OF CERTAIN STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS THAT VARY FROM STATE TO STATE OR JURISDICTION TO JURISDICTION.

15. Changes to this Agreement

Orissa may change the terms of this Agreement and recommends that you review them on a regular basis. You can review the most current version of this Agreement at: http://www.OrissaVICTUS.com/legal/terms-of-service.html. If Orissa makes a change to the terms it will post the revised Agreement at the link above. You agree that your continued use of the Services after this Agreement has been changed means that you have agreed to the changed terms.

16. Other Legal Terms

  • Sometimes when you use the Services, you may also use a service or purchase goods which are provided by another person or company. Your use of these other services or goods may be subject to separate terms between you and the company or person concerned, and you agree that Orissa shall have no liability or obligation relating to those services or goods.
  • Trade names, trademarks, service marks, logos, and domain names of each party are considered their respective "Marks." As to Orissa's Marks and the Marks of its suppliers, the Mark-owner retains ownership of all proprietary rights in all its Marks associated or displayed with the Services. You may not frame or utilize framing techniques to enclose any Orissa Marks, or other proprietary information (including images, text, page layout, or form) of Orissa without Orissa's express written consent. You may not use any meta tags or any other "hidden text" utilizing Orissa Marks without Orissa's express written consent. You shall retain ownership of all proprietary rights, copyright and any other rights you already hold in your Marks.
  • You agree to comply with all laws and regulations in connection with your use of the Services, including, but not limited to: (a) with respect to personally identifiable information sent or received by you and, (b) all privacy laws and regulations, It is your responsibility to ensure that you have the right to use the Services where you are located, including when that use arises from within your corporate network . You agree that the use of Orissa VICTUS is subject to Canadian and local export control laws and regulations. You represent that you are not a citizen of an embargoed country or a prohibited end user under applicable U.S. or local export and anti-terrorism laws, regulations and lists. You agree not to export, re-export, divert, transfer or disclose any portion of the Services or Services websites or any related technical information or materials, directly or indirectly, in violation of any applicable export law or regulation.
  • This Agreement, including the documents referred to in this Agreement, are the entire agreement regarding the Services and completely replace any prior agreements. Orissa may assign or delegate its obligations under this Agreement either in whole or in part, without your prior consent.
  • Neither party will be responsible for failure of performance due to causes beyond its control, like, for example, accidents of God, labor disputes, shortage of materials, acts of terrorism, or the stability or availability of the Internet or a portion of the Internet.
  • You agree that if Orissa does not exercise or enforce any legal right or remedy which is contained in this Agreement, this will not be taken to be a formal waiver of Orissa's rights and that those rights or remedies will still be available to Orissa.

If for any reason, a provision of this Agreement is held to be invalid, the remaining provisions will continue to be valid and enforceable.

This Agreement shall be governed, construed and enforced in accordance with the laws of the Province of Alberta, Canada, without application of conflicts of laws provisions.

© Orissa Software Inc. and/or its affiliates. All rights reserved.