This Agreement (the “Agreement”) governs the use of any and all OfficeRnD™ Services by the company or organization named in the Order Form (or other form of registration) completed or submitted by you (as defined below, “Subscriber”). By executing and returning to OfficeRnD an Order Form, or by clicking the button during the registration process (“OK, I confirm that I have read and accepted the Terms”) or otherwise using the Services, you expressly agree on behalf of Subscriber to be bound by and comply with this Agreement. If you are not authorised to enter into this Agreement on behalf of Subscriber or Subscriber does not agree to be bound by any term or condition contained in this Agreement, do not use the Services. This Agreement is effective as between Subscriber and OfficeRnD from the earliest date on which you returned to OfficeRnD an executed Order Form, clicked the confirm button during the registration process or otherwise started to use the Services.
1. Definitions & Interpretations
- “API” means the OfficeRnD Application Program Interface and associated documentation.
- “Account Holder” means the individual(s) appointed by Subscriber to manage the Account and Users on behalf of the Subscriber. All Account Holders must be employees of Subscriber.
- “Asset” means a real estate resource with economic value registered at a geographical address that an individual, corporation or country owns or controls with the expectation that it will provide future benefit.
- “Content” means all documents, files, contact details, discussions, tasks, meetings, electronic media, calendar dates, visual, written or audible data, information or material associated to the management of Assets, that is entered into, uploaded to, posted, transmitted or displayed through the Services by Subscriber or any User, including, without limitation, any hyperlink, graphic, artwork, video, music, text, image, logo, document, spreadsheet, presentation, text message, form entry, web page or other data.
- “Intellectual Property Rights” means all right, title, and interest in and to any copyright, database, design, logo, trademark, service mark, patent, invention, trade secret, domain name, confidential and proprietary information, know-how, technology, business name, trade name, trade dress, technical solutions, associated right to sue (past, present, and future), and any other intellectual property rights whether existing at common law, applied for, registered or unregistered and all extensions, renewals, continuations, continuations in part, divisionals, reissues, re-examinations, and revivals thereof and existing anywhere in the world.
- “Order Form” means any written or electronic document or registration form for placing orders for the Services and any addenda or amendments thereof, entered into contemporaneously with this Agreement or from time to time thereafter. Each Order Form shall be governed by and deemed to incorporate the terms and conditions contained herein, except as otherwise expressly provided in the Order Form. Each Order Form will describe all of the Services that OfficeRnD agree to make available to Subscriber.
- “Package” means the level of the Services Subscriber has been licensed to use, as provided on the Order Form, which details the features and limits to the features Subscriber is permitted to use.
- “Services” means, collectively, the computer applications, interfaces, software, programs, products, services and websites provided or made available by OfficeRnD and its affiliates pursuant to any Order Form, including provision of access to the Website for, among other things, creating and managing the Account.
- “Subscriber” means the company, organization, employer, principal or other legal entity named in each Order Form and for whom OfficeRnD provide the Services pursuant to this Agreement.
- “User” means an individual who has completed the user registration process and created a user account at the Website. This includes any individual that OfficeRnD create a user account for at Subscriber’s direction and any individual invited by Subscriber to become a user.
- “Website” means the website at https://app.officernd.com and any other URLs maintained by OfficeRnD for the purpose of making the Services accessible to Users.
- “We/Us/Our/OfficeRnD” means the OfficeRnD company described in Section 14 ‘Governing Law; Jurisdiction’.
- “Account” means an interface within the Website configured for Users authorised by Subscriber to upload, manage and share files and information including Content.
- In this Agreement, unless the context requires otherwise, any phrase introduced by the words “including”, “include”, “in particular”, “for example” or any similar expression shall be construed as illustrative only and shall not be construed as limiting the generality of any preceding words, and references to the singular include the plural and in each case vice versa.
- The headings and sub headings in this Agreement are inserted for convenience only and shall not affect the meaning of this Agreement.
2. Grant of Licence; Proprietary Rights
- Subject to the terms of this Agreement, OfficeRnD hereby grant to Subscriber a non-transferable, non-exclusive, non-sublicensable limited term right and licence to access and use, and to authorise and permit Users to access and use, the Services, solely as provided in each Order Form. Except for the rights specifically granted under this Agreement, Subscriber is not given any right, title or interest in or to the Services or Website, and OfficeRnD expressly reserve all such rights, title and interests.
- As between the parties, OfficeRnD shall hold title to all Intellectual Property Rights in and to the Services and Website. Such Intellectual Property Rights may only be used by Subscriber in the manner stated in this Agreement and Order Form. Under no circumstances shall Subscriber or a third party acquire any Intellectual Property Rights to the Services or Website. Access to the Services and Website is licenced, and not sold, on the terms set out in this Agreement
- Subscriber agrees that it shall not do or permit or authorise any Users to do any of the following acts:
- Modify, translate, amend or otherwise alter the Services or Website;
- Attempt to decompile, reverse engineer or otherwise disassemble, or create derivative works of or from any part of the Services or Website;
- Redistribute, encumber, sell, rent, lease or otherwise transfer any Services or portion of the Website, including in a timeshare or service bureau relationship; or
- Remove, alter, or destroy from the Services or Website any logo, copyright or proprietary notices, legends, symbols, labels, watermarks, signatures or any other like marks affixed to or embedded therein.
- All Content shall remain Subscriber’s sole property or the property of its respective legal owner. OfficeRnD shall have no liability for such Content. By uploading Content, Subscriber represents and warrants that it has obtained all necessary licences, permissions, consents and agreements necessary for the lawful use of such Content by OfficeRnD and by third parties in accordance with this Agreement and in order for OfficeRnD to provide the Services. Subscriber acknowledges and agrees OfficeRnD does not control the Content posted by Users, and does not guarantee the accuracy, integrity or quality of such Content. Subscriber agrees that Subscriber must evaluate, and bear all risks associated with, the use of any third party Content, including any reliance on the accuracy, completeness, or usefulness of such Content. Under no circumstances will OfficeRnD be liable in any way for any third party Content, including, but not limited to, any errors or omissions in any third party content, or any loss or damage of any kind incurred as a result of the use of any third party Content posted, emailed, transmitted or otherwise made available via the Services or Website.
- Subscriber agrees to use the Services within the parameters of the Package Subscriber has purchased. OfficeRnD reserves the right to terminate the Services immediately on breach of this clause and OfficeRnD are under no obligation to provide a refund in full or in part for the fees paid.
3. Digital Millenium Copyright Act (applicable if domiciled in the United States of America only)
- We will not knowingly publish content in violation of applicable copyright law. If you believe content has been displayed, reproduced, printed or otherwise distributed by us through this website in violation of any third party copyright, please notify us in writing and include the following:
- electronic or physical signature of a person authorized to act for the copyright owner
- description of the copyrighted work
- description of where the infringing content is located on this website
- your office or home address, telephone number and email address
- a statement of good faith belief that the use of the work is not permitted by the copyright owner, and
- a statement under penalty of perjury that the above is true and you are authorized to act for the owner.
You acknowledge that if you fail to comply with all the requirements of this Section, your DMCA notice may not be valid.