Last updated September 21, 2022
Dryad Consulting Inc. (doing business under the trade name “Dryad” maintains an application called Dryad Receipting for Salesforce and the following website dryadreceipting.com (collectively, the “Platform”). These Terms of Use govern your direct or indirect access or use of this Platform or any of Dryad’s offerings, services, applications or programs.
Application
These Terms of Use apply to Dryad’s clients, customers, subsidiaries, merchants, suppliers, service providers, affiliates, partners, employees, consultants and registered as well as non-registered users who use or otherwise access the Platform (“Users” or “you”).
YOUR USE OF THE PLATFORM AND/OR ANY BUSINESS ARRANGEMENT WITH DRYAD IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTING AND AGREEING TO THESE TERMS OF USE. IF THESE TERMS ARE NOT COMPLETELY ACCEPTABLE TO YOU, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS PLATFORM.
Changes to Terms
Dryad may, at any time, for any reason and without notice, make changes to Terms of Use. Modifications will take effect when posted to the Platform and the date of such Terms will be updated accordingly. By your continuing use of the Platform after changes are posted, you will be deemed to have accepted such changes.
Scope of Use
Although Dryad encourages you and your referrals to visit this Platform as often as you please, you are only authorized to view, use, copy and download small portions of the content, layout and design of this Platform, or individual sections of it, for your informational, non-commercial use, provided that you leave all the copyright, trademark or other proprietary notices intact and that it not be done on a systematic basis, so as to indirectly breach the terms of this section. Therefore, you may not do any of the above in relation to a significant portion of the Platform or its individual sections or for commercial purposes. You shall also not publish, license, reverse engineer, create derivative works from, link to another website, use on other website, transfer, sell any information obtained from this Platform without the prior written permission of Dryad. Any breach of this section shall cause Dryad irreparable harm.
Confidential Information
Dryad respects applicable personal information privacy legislation and treats its Users’ confidential information accordingly. Dryad shall not be subject to any obligations of confidentiality regarding any information or materials that you submit, except as specified in these Terms of Use, Privacy Policy or as otherwise required by law. The terms of its Privacy Policy are posted on its Platform and incorporated herein by reference. You acknowledge that you own and are solely responsible for the personal information that you provide, that such information does not violate these Terms of Use or Privacy Policy, to which you are also bound, and will not cause injury to any person or entity. You expressly agree to the indemnification provisions below resulting from personal information you provide. You also agree not to submit or transmit any information or materials through the Platform that: (i) are defamatory, threatening, obscene or harassing, (ii) contain a virus or any other harmful component, (iii) incorporate copyrighted or other proprietary material of any third party without that party’s prior written permission or (iv) otherwise violate any applicable laws or policies.
Dryad reserves the right to take any action it deems necessary to protect the privacy of its Users’ personal information. Dryad has no liability or responsibility to Users of the Dryad Platform or any other person or entity for performance or non-performance of the aforementioned activities or rights.
Intellectual Property; License
In addition to the “Scope of Use” set out above, the materials on this Platform, as well as its organization, layout and content, are copyrighted and are protected by copyright laws, trademark laws and other intellectual property protections. Such materials are owned and controlled by Dryad or by other parties that have licensed their material to Dryad or otherwise provided their consent to Dryad to display, advertise, promote or otherwise make use of such material on the Platform.
Upon registration and payment of applicable subscription fees, Dryad shall grant its registered Users a limited, non-exclusive, non-transferable, non-assignable, revocable license to use the Platform, pursuant to the terms of this Agreement, instructions on the Platform and any other written agreement between the parties. No right, title or interest in any of the materials contained on this Platform or any intellectual property of Dryad is transferred to you as a result of accessing, using, downloading or printing the Platform or any documents.
Dryad respects the intellectual property rights of others and expects its Users to do the same. Dryad shall have the right to terminate the accounts of Users who infringe upon our intellectual property rights or those of others. This is done as much for our protection as for that of our Users. If you believe that you have been the victim of such an offence related in any way to this Platform, please contact us immediately.
Links and Third-Party Platforms
In light of its business, Dryad may provide links and have access to third-party platforms, programs, software, applications and/or websites (“Third-Party Platforms”). Dryad does not control or endorse such Third-Party Platforms and is not responsible for their content, nor is it responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained within such Third-Party Platforms. Dryad disclaims all warranties, express and implied, as to the accuracy, validity, and legality or otherwise of any materials or information contained on such Third-Party Platforms. Please read the terms of use and other policies of any other Third-Party Platform you may link to from our Platform. These Terms of Use apply only to Dryad’s Platform and the products and services Dryad offers and/or promotes, directly. If you decide to access any of the Third-Party Platforms linked to this Platform, you do so at your own risk. Dryad reserves the right to terminate any link or linking program or User’s account at any time in case of violation of these Terms of Use or its Privacy Policy.
No Unlawful or Prohibited Use
As a condition of your use of the Platform, you warrant to Dryad that you will not use the Platform for any purpose that is unlawful or prohibited by these Terms of Use and by our Privacy Policy. You may not use the Platform in any manner that could damage, disable, overburden, or impair the Platform or interfere with any other party’s use and enjoyment of the Platform. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Platform. You may not use this Platform if you are under 18 years of age.
Communications
If you receive any email or other electronic communication from Dryad, the name Dryad or Dryad Receipting for Salesforce will always be clearly indicated. By signing up to our Platform, you have expressly accepted that emails or other commercial electronic messages be sent to you by Dryad. You have the right to unsubscribe from our service at any time and free of charge, either by clicking on the unsubscribe option on the messages Dryad sends you or by sending Dryad an email requesting to be unsubscribed (see “Contact Us” section below).
Gathering email addresses from Dryad through harvesting or automated means is prohibited. Posting or transmitting unauthorized or unsolicited advertising, promotional materials, or any other forms of solicitation to other Users is prohibited.
No Warranties
THE PLATFORM, AND ANY CONTENT, ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND NON-INFRINGEMENT, ALL OF WHICH DRYAD EXPRESSLY DISCLAIMS. DRYAD DOES NOT ENDORSE AND MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF THE CONTENT OF THIS PLATFORM, AND DRYAD WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE PLATFORM OR ANY OF ITS CONTENTS. DRYAD MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF SUCH PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE PLATFORM AND USING THE CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD, PRINT OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS.
Jurisdiction
The Platform is directed to Users located in Canada or purchasing products and services in Canada. It is not directed to any person or entity in any jurisdiction where the publication or availability of the Platform and its content, including its products and services, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorised to access or use any of the information on this Platform. Dryad makes no representation that the information, opinions, advice or other content on the Platform is appropriate or that its products and services are available outside Canada. Those who choose to access this Platform from other locations do so at their own risk and are responsible for compliance with applicable local laws.
Governing Law
These Terms of Use shall be governed in all respects by the laws of the Province of Quebec and the Federal Canadian laws applicable thereto, without reference to conflict of law rules.
Separate Agreements
You may have other agreements with Dryad. Those agreements are separate and in addition to these Terms of Use.
No Professional Advice
The information available on the Platform is intended to be a general information resource regarding the matters covered therein and does not constitute legal or other professional advice.
Users’ Disputes
You are solely responsible for your interactions with other Users or Third-Party Platforms. Dryad reserves the right, but has no obligation, to monitor disputes between you and other Users or Third-Party Platforms.
Limitation of Liability
YOUR USE OF THE PLATFORM AND ITS CONTENT IS AT YOUR OWN RISK. DRYAD SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE PLATFORM AND ITS CONTENT (EVEN IF DRYAD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER OR THIRD PARTIES, INCLUDING BUT NOT LIMITED TO BUSINESS PARTNERS, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORISED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE PLATFORM OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORISED ACCESS TO THE PLATFORM.
Indemnity
You agree to defend, indemnify, and hold Dryad, its shareholders, directors, officers, employees, consultants, agents, advisors and representatives, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and professional fees, resulting from, or alleged to result from, your violation of these Terms of Use and the Privacy Policy.
User Accounts and Security
This section only applies to registered Users. As part of the registration process, each User will select a password (“Password”) and Username (“Username”). Such User shall provide Dryad with accurate, complete, and updated personal and other account information. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of the account.
A registered User may not:
- select or use a Username of another person with the intent to impersonate that person;
- use a Username that Dryad, in its sole discretion, deems inappropriate or offensive.
A registered User shall notify Dryad of any known or suspected unauthorized use(s) of his/her account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of a Password. Registered Users shall be responsible for maintaining the confidentiality of their Passwords.
Any fraudulent, abusive, or otherwise illegal activity by a registered User may be grounds for termination of his/her account or any other action determined necessary for the protection of the Platform, Dryad and its other Users, at Dryad’s sole discretion.
Contact us
If you would like to request additional information regarding these Terms of Use or for any other reason, please contact Dryad at support@dryadconsulting.com.
Miscellaneous
These Terms of Use and the Privacy Policy, which is incorporated herein by reference, constitute the entire agreement between you and Dryad with respect to the subject matter hereof and supersede all prior oral or written agreements concerning such subject matter. The section headings used herein are for convenience only and shall be of no legal force or effect. The invalidity or nullity of any provision of these Terms of Use shall not affect the remaining provisions hereof, which shall continue to have full effect and shall be interpreted as if such invalid or void clause had never been written. The failure of any party to exercise any of its rights under these Terms of Use shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder. The parties hereto are independent contractors. Nothing herein shall be construed to create a joint venture, partnership or an agency relationship between the Parties. These Terms of Use may be adapted to the specific commercial circumstances of certain business arrangements but must be done with Dryad’s express written approval.