Mighty Oaks Terms of Service
This section describes the general terms and conditions of service. By agreeing to use Mighty Oaks software, cloud solutions and software you agree to these terms unless you have a specific contract in place between Mighty Oaks and your organisation.
- Meewasin Analytics Inc. a Canadian corporation incorporated under the laws of Canada or its subsiduries Mighty Oaks Wireless Solutions Inc, a corporation incorporated under the laws of British Columbia or Meewasin US Inc a provide these services and products. The services provided are per the proposal, quote or subscription that was prepared for you. Collectively "Mighty Oaks" refers to Meewasin Analytics and its associated subsidiaries.
- The Parties acknowledge that they have requested that this Agreement and all instruments relating thereto be in the English language. Les parties aux présentes reconnaissent qu'elles ont exigé que la présente convention et tout document afférent soient rédigés en langue anglaise.
Certain products are available only in specific language(s). We will display the supported languages of the product as part of the product description and data sheet when it is other than english only.
3. Information on Brand
- Mighty Oaks, Mighty Oaks Wireless Solutions Inc., Meewasin Analytics Inc., Groupe Millenium Micro, Mighty+, MightyCloud and MightyCARE and the logo as well as the other names and logos that appear on or are related to the website (the "brands") are trademarks and registered or non-registered trade names, service brands and logos belonging to or licensed to Mighty Oaks or their respective brand owners and licensees.
- Any use of the brands that does not comply with these use conditions is strictly prohibited. No statements appearing on the website or elsewhere are to be interpreted as granting, by implication or otherwise, a licence or usage right for the brands displayed on the website.
4. Service Windows
- We work to avoid the use of service windows, however when needed we focus planned outages during the periods of midnight to 2:00 AM pacific. We will advise you ahead of time should a service window be needed. .
- Certain cloud services provided by third-parties and sold by Mighty Oaks have their own service windows.
5. Agreement Regarding Software
- Mighty Oaks may make available to you software that you can download from its website or other online resources. This software is protected by copyright.
- Downloading and using it is governed by the applicable transaction agreement and the use agreement specific to the software. When you download software, you confirm your acceptance of the transaction agreement and the software use agreement.
- Certain software may be provided as part of a service or subscription, at termination of the subscription your rights to use the software expire.
- Third-party software is subject to the original manufacture terms and conditions. These will be provided to you with the software or are available from the manufacture website. Terms and conditons may be very based on the country of purchase.
- Most software subscriptions are subject to a minimum subscription period of one year and require a minimum cancelation notice of 60 days. Pre-paid subscriptions may not be refundable. When this is not the case we will advise you of the specific conditions on the package you are subscribing to.
6. Your Information
- Any information that you provide via the website, including information related to registration (name and e-mail address), information related to payment (credit card numbers and expiration dates), and any information related to a transaction, must be truthful, accurate, up-to-date and complete.
- Should the services provided by Mighty Oaks to you involve management of Protected Personal Information, Mighty Oaks shall keep confidential and not divulge, or use without the written consent of you, any personal information about an identifiable individual (including, but not limited to, the name and address of an individual) provided to Mighty Oaks by you, or from any other source, except as required by you, in order to carry out its obligations under this Agreement. For the purposes of handling such information, Mighty Oaks shall be subject to the requirements of the Freedom of Information and Protection of Privacy Act, [RSBC 1996] Chapter 165, as amended, and any other applicable legislation. Mighy Oaks shall not destroy any information about an identifiable individual unless expressly instructed to do so in writing by an authorized representative of you durign the duraiton of an engament. Upon the termination or expiry of any engagment Mighty Oaks may destroy all such personal information about identifiable individuals.
- Mighty Oaks relies on the information that you provide. You will be solely responsible for any loss, damages and any additional costs that you, Mighty Oaks or any other party may incur due to the fact that you have provided false, inaccurate, incorrect or incomplete information or due to your failure to update information related to your registration and the information related to your payment within thirty (30) days of any change.
- Mighty Oaks will not sell your information to a third party. However it may use certain information for analytics purposes to improve its product and services.
- We provide the option of US or Canadian data residency. Unless you direct us otherwise we will select the data center of our chose.
- We will not disclose your data to a third party unless required to do so by law.
7. Hardware and Third-Party Off-the-Shelf Software
- We will invoice for hardware and shrink-wrap software when shipped to you or when license keys are generated. Open or installed software can not be returned.
- For Managed Services customers, Mighty Oaks will facilitate processing of any valid warranty claim under the terms of your support plan. There may charges associated with shipping or installation labour.
- For online purchases and when not under a managed services contract, the policies of most major manufacturers require that you contact them directly for assistance from a specialist for their products. These manufacturers will repair or replace the items in accordance with their own policies. Please contact the manufacturer for more details. If you need assistance communicating with the manufacturer, please contact the technical support department. There may be shipping and labour charges.
- Given how quickly technology changes, we cannot guarantee the availability of replacement parts once an item's warranty is expired.
Physical damages to any product automatically void its warranty. Permanent modifications to a product are considered to be physical damage.
Certain restrictions exist on returns. To receive your return authorization number (RAN), contact us at 250-386-9398 ext. 201, or by e-mail at email@example.com. Your name, address and telephone numbers are required to process any returns or exchanges to detect and prevent fraud. A valid photo ID may be requested to confirm the information provided. Due to supplier and manufacturer restrictions, certain opened items will not be refundable and any merchandise returns must be approved by us. Shipping of returned items must be prepaid.
Items eligible to be returned or refunded are subject to a handling charge of 25%, and, if approved by, will be eligible for credit, exchange or a refund. Due to the fluctuation in price for computing items, purchases will be refunded at the lower of the price paid and the current price of the product.
All products (whether defective or not) must be returned in the same conditions as when you received them, with the original packaging, intact warranty slip, manuals and any other item or accessory provided by the manufacturer. IMPORTANT: If a product is not returned with all its accessories, the return may be refused or the value of the missing items may be deducted from the total credit.
Shipping and handling fees are not refundable. However, we will be pleased to refund your original shipping fees if you return an item to us due to an error on our part or if we have determined that the product is defective.
- When we interface to a third party service provider, such as a POS vendor, we do so on a best effort basis and offer no assurance that a third-party service outside of our control will continue to be accessible.
8. Subscription Services
- Certain services, such as cloud backup, Mighty+, Office 365 are offered on a subscription basis. Most subscription contracts are based on a one-year commitment and invoiced monthly at the start of the month or on annual basis.
- Should you terminate a subscription service early there may be penalties depending on the service provider. Normally you are required to buy-out the subscription for the remaining months.
- You must provide us with a minimum 30 days written notice when terminating a subscription.
- Cloud services are provided using standard commercial backup and support practices. A SLA for your specific service is available on request.
9. Mighty Oaks Labour
- For fixed cost projects Mighty Oaks will invoice based on a mutually agreed billing schedule. In the case of time and materials activities we will invoice at end of each month.
- Bill payments in Canadian dollars may be remitted by cheque make out to “Mighty Oaks”, electronic funds transfer, wire-transfer, electronic bill payment at certain Canadian chartered banks or Interact e-mail based transfer.
- Using the Electronic Bill Payment facility at RBC Canada, BMO Bank of Montreal, ScotiaBank, HSBC Canada or most Credit Unions you can make payments to “Mighty Oaks”.
- Certain products or services may be paid for by Visa or Mastercard. Credit card payments may be subject to an additional surcharge.
- Accounts past due are subject to a 2% per month interest charge.
- Title to goods only transfer to the purchased after payment in full is received.
11. Applicable Legislation and Dispute Settlement
- These use conditions, as well as any other related question, are governed by the legislation of the province of British Columbia and applicable Canadian federal legislation.
- Any disputes of service must be provided to us in writing at 29 Burnside Road West, Victoria BC Canada V9A 6Z7.
12. Property Rights
- Title to, ownership of, and all intellectual property rights in, and facilities, equipment, software systems, processess and documents used to provide the Services ("Service Components") shall be and remain with Mighty Oaks or its suppliers and licensors. Rights of use for cloud services are provided while you maintain an active subscription with us and terminate at the end of your subscription.
13. Limitation of Liability
- Except for the obligations of indemnity in this Agreement, neither party (nor its suppliers or customers) shall be liable to the other party for any damages for loss of profits or business, loss or damage to data, or failure to realize expected savings or for any punitive, consequential, incidental or indirect damages, related to the use or inability to use the Services, even if the party could reasonably foresee or has been advised of the possibility of such damages.
- The aggregate liability of Mighty Oaks (Meewasin Analytics Inc.) and its Affiliates to the Customer relating to or arising out of this Agreement, whether in contract, tort or otherwise, shall not exceed the total charges paid by the customer for the services in question during the one-year period immediately preceding the event which gave rise to the claims.
- Mighty Oaks is not responsible for performance of, or in default of, any obligation or provision of this Agreement where delayed, hindered or prevented by labour disruptions, failure of the networks of other companies, casualties, civil disturbances, legislation, regulation, judicial order, acts of civil or military authorities, accidents, fires, natural disasters or other catastrophes or events beyond our reasonable control.
- We comply with all laws applicable to the exercise of their rights and performance of their obligations under this Agreement. This Agreement shall be subject to and interpreted in accordance with the federal law of Canada and the laws of the province of British Columbia, without regard to that province’s choice of law rules. Venue and jurisdiction shall be in such province.
14. SMS Messages
- When you create an account on a Mighty Plus e-commerce site on of the optional fields is an SMS notification number. You can chose to use this service or not. If you chose to enter an SMS number you will receive an SMS message each time an order you have placed is ready for delivery or pickup.
- You can access you profile at any time by selecting the "Edit Profile" option when logged in. If you do not want to receive SMS messages in the futures you can delete the SMS number from your profile.
- Not all account types offer SMS notification as an option. SMS messaging is not a condition of purchase. Msg are only sent when you place an order and it ready for pickup and only sent once per order. SMS msg and data charges may apply. Unsubscribe any time by replying STOP
- If you require any assistance opting-out or setting your SMS notification reach out to our support team at firstname.lastname@example.org or 250-386-9398 Ex 1.
- If your software subscription involves sending SMS messages for your end customer, you must complete a Mighty Oaks SMS registration form. That registration is subject to approval by the telecom providers in Canada and the US. We will facilitate the registration process, however final approval rests with the telecom providers. You will not be able to send SMS messages until your registration is approved and the telecom providers may suspect access to their network for abuse or other reasons outside of our control. SMS Messages
- We may revise our terms of service from time to time. Your purchase is governed by the version that was publish at the time of your purchase.