Last Revised: June 2016
WELCOME TO SCANOV.COM, A PRODUCT OF CAPTOVA TECHNOLOGIES INC (HEREIN AFTER REFERRED TO AS "SCANOV"). PLEASE READ THESE TERMS CAREFULLY AS THEY GOVERN YOUR USE OF THE SCANOV SERVICES AND CONTENT ("COLLECTIVELY "SERVICE"). THESE TERMS EXEMPT SCANOV AND OTHER PERSONS FROM LIABILITY AND LIMITS THEIR LIABILITY, AND CONTAINS OTHER IMPORTANT PROVISIONS THAT YOU SHOULD READ.
CHANGES TO THESE TERMS OF SERVICE
SCANOV MAY, IN ITS SOLE DISCRETION, CHANGE THESE TERMS FROM TIME TO TIME AS IT RELATES TO YOUR FUTURE USE OF THE SERVICE BY POSTING REVISED TERMS OF SERVICES ON THE SERVICE. WE WILL NOTIFY YOU OF ANY CHANGES BY POSTING THE NEW TERMS ON THE SERVICE. BY USING THE SERVICE AFTER THE REVISED TERMS HAVE BEEN POSTED, YOU SIGNIFY YOUR ACCEPTANCE AND AGREEMENT TO BE BOUND BY THE REVISED TERMS. YOU MAY NOT CHANGE THESE TERMS IN ANY MANNER.
These Terms contains the following provisions
YOUR ACCEPTANCE OF THESE TERMS
SCANOV provides financial information services (collectively the "Service") that allows users to track and manage their financial information on SCANOV and users integrated accounting systems. The Service is provided as an aid to assist you and is not intended to provide financial, tax or legal advice. The Service may also provide the ability to exchange information in accordance with additional functionality that we may provide.
These Terms of Service ("Terms") are an agreement between SCANOV and you and all persons you represent (and for purposes of these Terms, "person" includes natural persons and any type of incorporated or unincorporated entity) regarding your access to and use of SCANOV's Service and all content, information and services available on or through the Service. If you subscribe for additional services offered by SCANOV pursuant to an additional agreement, that agreement will not supersede or replace these Terms except to the extent specifically provided for in the additional agreement.
Each time you use the Service you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent, to be bound by these Terms as they then read, and you represent and warrant that you have the legal authority to agree to and accept these Terms on behalf of yourself and any person you purport to represent. If you do not agree with each provision of these Terms, or you are not authorized to agree to and accept these Terms on behalf of the person you purport to represent, you may not access or use the Service.
In consideration of your use of the Service, when required by SCANOV to register you agree to:
(a) Provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data");
(b) Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or SCANOV has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SCANOV has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion of it);
(c) Not create more than one profile.
You will be required to provide SCANOV with a password for your account. SCANOV will never require or ask that you share this information with any of its agent's, representatives, business partners, suppliers or other persons purporting to be connected with SCANOV in any manner. You should not share your password with any third party, whether you trust them or not, and in this regard, you are solely responsible and liable for all transactions and activities that occur in your account. You shall notify SCANOV immediately in the event of any unauthorized use or other breach of security has occurred. Under no circumstances is SCANOV liable for unauthorized use of your account.
SCANOV is concerned about the safety and privacy of all its users, particularly children. For this reason, children under the age of 18 may not use this Service. You may use the Service only if you have reached the age of majority where you live and you can form legally binding contracts under applicable law. You may not use the Service if you live in a jurisdiction where access to or use of the Service or any part of it 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.
LICENSE TO USE THE SERVICE
SCANOV gives you a personal, worldwide, non-assignable, non-transferable and non-exclusive license to use the Service and any software (including without limitation mobile applications for iOS and Android) provided to you by SCANOV as part of the Service.
The Service may be interrupted from time to time due to the maintenance or repair of the Service or the malfunctioning of equipment.
OWNERSHIP AND PERMITTED USE
The Service (including all content, page headers, custom graphics, button icons, and scripts and the presentation, arrangement, coordination, enhancement and selection of such and other information in text, graphical, video and audio forms, images, icons, software, designs, applications, data, and other elements available on or through the Service) is the property of SCANOV and others, and is protected by Canadian and international copyright, trademark, patent and other laws. Your use of the Service does not transfer to you any ownership or other rights in the Service or its content beyond what is necessary to enable you to use the Service as contemplated by SCANOV.
You agree to not access the Service by any means other than through the interfaces that are provided by SCANOV, currently the website www.scanov.com and the mobile applications made available to you by SCANOV. You agree to not access the Service for the purpose of content mining or extracting content from the Service, You agree not to use the system to provide a similar service under a different website. You agree to use the Service only in the manner described expressly in these Terms and subject to all applicable laws.
The Service and its content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the express prior written consent of SCANOV. You may not sell or resell any part of the Service or access to the Service. You agree that you will not attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of SCANOV.com or the Service.
You agree to use the Service in a courteous and co-operative manner, and so as to not abuse the Service or the custom and user-etiquette in place from time to time. You agree that you will not use the Service so as to violate the law, to misuse the proprietary information or property of others, or to make publications which are threatening or defamatory or otherwise injurious to the safety, business or reputation of others. Without limiting the generality of the foregoing, you also agree to not do any of the following:
- upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- misrepresent yourself as any person or entity, including, but not limited to, a SCANOV official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post, email, link to or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, link to or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- upload, post, email, link to or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- "stalk" or otherwise harass another;
- engage in deceptive marketing or advertising practices;
- collect or store personal data about other users; or
- access the Service for the purpose of data mining or extracting content from the Service.
All content provided by SCANOV is for information purposes only and you agree that by providing such Content SCANOV is not providing you with any advice or recommendations. You acknowledge that SCANOV does not pre-screen Content, and that SCANOV and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content. Without limiting the foregoing, SCANOV and its designees have the right without notice to you to remove any Content that violates these Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by SCANOV or submitted to SCANOV, including without limitation information in SCANOV Message Boards, SCANOV Chat Rooms, and in all other parts of the Service.
SCANOV and any other names and logos appearing on or in connection with Service (the "Marks") are registered or unregistered trademarks, service marks, trade names and logos owned or licensed by SCANOV or their respective owners or licensees.
Any use of the Marks, except as expressly provided in these Terms, is strictly prohibited. Nothing appearing on the Service or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Marks.
Unless SCANOV has agreed in writing, nothing in these Terms gives you a right to use any of SCANOV's trade names, trade-marks, service marks, logos, domain names, and other distinctive brand features. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Service.
CONTRIBUTED CONTENT/SOCIAL MEDIA
You understand that all personal and other information, data, text, software, music, sound, photographs, graphics, video, messages or other materials that is publicly posted ("Content") is the sole responsibility of the person from which such Content originated ("Content Contributor") and is shared with the public except as provided for in your personal application and privacy settings. This means that you, and not SCANOV, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service. SCANOV does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will SCANOV be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service.
You understand that it is solely your responsibility to ensure the safe custody of any original Content, including receipts and invoices that you upload whether in electronic or physical form. In no circumstance will SCANOV retain original Content.
Content Contributor retains copyright and any other rights that you already hold in Content which you submit, post or display on or through the Service. If you post or send Content, submissions, testimonials or suggestions (collectively "Submissions") to SCANOV or the Service, you automatically grant (or warrant that the owner of the Submissions grants) to SCANOV and its successors, assigns and licensees a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use and exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing any attribution or compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of SCANOV or its successors, assigns and licensees, and you agree, represent and warrant that all moral rights in the Submissions are waived in favor of SCANOV and its successors, assigns and licensees.
Content Contributor warrants and represents to SCANOV that (1) Content Contributor is the original author of all Content he or she submits to SCANOV, and (2) that the Content was created solely by Content Contributor and does not include the protected works of any third party anywhere in the world, and (3) that the Content and all intellectual property rights of whatever nature in the Content are the sole property of the Content Contributor, subject to the rights of SCANOV to license the Content on behalf of Content Contributor. Content Contributor hereby waives any moral rights that he or she may have in the Content. Content Contributor agrees, at the reasonable request of SCANOV, to execute such other documentation that SCANOV may require to give effect to the intention of these Terms and to assure to SCANOV of its right to license the Content.
Content Contributor agrees that SCANOV has the right, but not the obligation, in its sole discretion, to refuse, suspend access to or remove any Content from the Service. Content Contributor acknowledges that SCANOV, by allowing Content to be uploaded to the Service, does not warrant or confirm in anyway the acceptability or legality of any Content.
You acknowledge and agree that SCANOV may without notice to you preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of SCANOV, its users and the public.
DISCLAIMERS, LIABILITY EXCLUSIONS AND LIMITATIONS
YOUR ACCESS TO AND USE OF THE SERVICE is AT YOUR OWN RISK AND is PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF OR RELATING TO ACCURACY, ACCESSIBILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, PERFORMANCE OR DURABILITY, ALL OF WHICH ARE hereby DISCLAIMED BY SCANOV TO THE FULLEST EXTENT PERMITTED BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND SCANOV'S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
SCANOV WILL NEVER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY LOSS OR DAMAGE ARISING FROM, CONNECTED WITH, OR RELATING TO THE SERVICE INCLUDING BUT NOT LIMITED TO LOSS OF DATA, BUSINESS, MARKETS, SAVINGS, INCOME, PROFITS, USE, PRODUCTION, REPUTATION OR GOODWILL, ANTICIPATED OR OTHERWISE, OR ECONOMIC LOSS, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OF LAW OR EQUITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING WITHOUT LIMITATION GROSS NEGLIGENCE AND FUNDAMENTAL BREACH OR FAILURE OF ESSENTIAL PURPOSE) BY SCANOV OR ANY PERSON FOR WHOM SCANOV IS RESPONSIBLE, AND EVEN IF SCANOV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE BEING INCURRED.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL SCANOV'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF THE SERVICE OR FROM THE USE OF OR INABILITY TO USE THE SERVICE OR SITE CONTENT EXCEED THE GREATER OF THE AMOUNTS YOU HAVE PAID TO SCANOV FOR USE OF THE SERVICE OR CONTENT IN THE TWELVE MONTHS BEFORE THE DATE OF THE EVENT GIVING RISE TO YOUR CLAIM OR $100. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SCANOV AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to indemnify and hold SCANOV, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from all damages, costs, liabilities, and any claim or demand, including reasonable lawyers' fees, made by any third party, due to or arising out of Content you submit, post to or transmit through the Service, your violation of these Terms, or your violation of any rights of another person, or due to or arising from such activities carried out by you or a person using your computer facilities, SCANOV account or password, with or without your knowledge.
for information and notices concerning Scanov's collection and use of your personal information.
FAIR USAGE POLICY (FUP)
SCANOV allows you to upload receipts and invoices in a fair and reasonable manner provided they are for your own personal or business use and not for third-party users or third-party service. If you are an accountant providing this service to your client, please make sure each client has its own Scanov account connected to client's integrated accounting software.
and Terms of Service. SCANOV can only be used in a lawful and non-disruptive manner.
SCANOV's "No capture/No Fee!" satisfication guarantee policy means if you are not happy with the results on your "Capture" screen, you simply click on the NO button next to "Data Capture OK?" and it won't count against your monthly limit. You agree not to abuse this generous policy.
SCANOV reserves the right to take into account any unlawful, prohibited, abnormal or unusual activity in making its determination to discontinue service. SCANOV may at its option, terminate or suspend its relationship with you, and your use of any SCANOV products immediately if it determines you are using the product contrary to this FUP.
MODIFICATION OF SERVICE/TERMINATION
Notwithstanding any other provision of these Terms, SCANOV may in its discretion change, discontinue, modify, restrict, suspend or terminate the Service or any part of it without any notice or liability to you or any other person. SCANOV may in its discretion and for its convenience, including without limitation because you have breached these Terms, at any time immediately terminate, temporarily or permanently suspend or terminate your right to access and use the Service without any notice or liability to you or any other person. If we disable or terminate your account, you agree that you may not create another account.
If these Terms or your permission to access or use all or any part of the Service is terminated for any reason, then these Terms and all other than existing agreements between you and SCANOV will continue to apply and be binding upon you regarding your prior access to and use of the Service, and anything connected with, relating to or arising from your use, and will survive the Termination as contemplated by this Article. Without limiting the generality of the foregoing, Articles 3, 4, 11, 12 and 19 survive the Termination of our relationship.
SCANOV respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide SCANOV Copyright Agent the following information:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the site;
4. Your address, telephone number, and email address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
SCANOV Copyright Agent for Notice of claims of copyright infringement on its site can be reached as follows:
Captova Technologies Inc
Suite 300, 1055 West Hastings Street
Vancouver, BC V6E 2E9
By email: email@example.com
GOVERNING LAW AND DISPUTE RESOLUTION
These Terms, your access to and use of the Service, and all related matters are governed solely by the laws of British Columbia, Canada and applicable federal laws of Canada. Any dispute between you and SCANOV or any other person arising from, connected with or relating to the Service, these Terms, or any related matters (collectively "Disputes") will be resolved solely in accordance with the Terms of this Article.
If there is any dispute arising out of or relating to these Terms, then the parties will use reasonable and good faith efforts to resolve such dispute, first by direct negotiation and then, if that is not successful, by mediation with a neutral third party mediator acceptable to both parties. Each party will bear its own costs and expenses in connection with any mediation and all costs and expenses of the mediator will be shared equally by the parties.
Any Dispute that is not settled by mediation or agreement between the parties within a reasonable time shall be settled exclusively by binding arbitration by a single arbitrator.
The location of the arbitration will be Vancouver, Canada. The arbitration will be governed by the Commercial Arbitration Act (British Columbia). The arbitrator will be selected and the arbitration conducted in accordance with the British Columbia International Arbitration Rules ("Rules") and conducted by the British Columbia International Commercial Arbitration Centre, except that the provisions of these Terms will prevail over the Rules. The parties will share equally in the fees and expenses of the arbitrator and the cost of the facilities used for the arbitration hearing, but will otherwise each bear their respective costs incurred in connection with the arbitration. Depositions will not be allowed, but information may be exchanged by other means. The parties will use their best efforts to ensure that an arbitrator is selected promptly and that the arbitration hearing is conducted no later than 3 months after the arbitrator is selected. The arbitrator must decide the dispute in accordance with the substantive law of British Columbia. This requirement does not, however, mean that the award is reviewable by a court for errors of law or fact. Following the arbitration hearing, the arbitrator will issue an award and a separate written decision which summarizes the reasoning behind the award and the legal basis for the award.The arbitrator will not:
(i) Award damages excluded by the terms of these Terms
(ii) Award damages in excess of the amount, if any, limited by the terms of these Terms; or
(iii) Require one party to pay another party's costs, fees, attorney's fees or expenses.
The award of the arbitrator will be final and binding on each party. Judgement upon the award may be entered in any court of competent jurisdiction.
The dispute resolution procedures described in this Article are the sole and exclusive procedures for the resolution of any disputes which arise out of or are related to these Terms, except that a party may seek preliminary or temporary injunctive relief from a court if, in that party's sole judgment, such action is necessary to avoid irreparable harm or to preserve the status quo. If a party seeks judicial injunctive relief as described in this Article, then the parties will continue to participate in good faith in the dispute resolution procedures described in this Article. The parties agree that no court which a party petitions to grant the type of preliminary or temporary injunctive relief described in this Article may award damages or resolve the dispute.
Notwithstanding the foregoing, SCANOV is not precluded at any time from seeking injunction relief against the other Party for intellectual property infringement in British Columbia or in the jurisdiction where the other Party is domiciled or resident or where the infringement is taking place.
The parties attorn to the exclusive jurisdiction of the Supreme Court of British Columbia for the purpose of any court application contemplated by this Article.
If any provision of these Terms is held to be invalid or unenforceable for any reason, then the provision will be deemed to be severed from these Terms and the remaining provisions will continue in full force and effect. These Terms enure to the benefit of and are binding upon each of SCANOV and its successors, assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns and personal representatives. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable. You may not assign these Terms or the rights and obligations under these Terms. SCANOV may assign these Terms and its rights and obligations under these Terms without your consent. No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under these Terms will be: (a) deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party; or (b) effective unless in writing and signed by all parties. These Terms and any other related terms included on this Service constitute the whole legal agreement between you and SCANOV and govern your use of the Service (but excluding any service which SCANOV may provide to you under a separate agreement), and completely replace any prior agreements between you and SCANOV in relation to the Service. You agree that SCANOV may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Service.
The parties have expressly requested and required that these Terms and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressément que ce Contrat et tous les documents qui s'y rapportent soient rédigés en anglais.
Where SCANOV has provided you with a translation of the English language version of these Terms, then you agree that the translation is provided for your convenience only and that the English language versions of these Terms will govern your relationship with SCANOV. If there is any contradiction between what the English language version of these Terms says and what a translation says, then the English language version shall take precedence.
Any rights not expressly granted by these Terms of Service are reserved by Captova Technologies Inc, makers of SCANOV.
You may contact us by mail, or email:
Captova Technologies Inc.
1055 West Hastings St. #300
Vancouver, BC V6E 2E9