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SMS Terms and Conditions and Privacy Policy

Last Modified: January 21, 2021

  1. QUICKPASS SOFTWARE INC.  (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program for those parties (the “Users”, or “you”, or “Customers”) which have Opted in (as set out herein) and are subscribing to Our cloud and SaaS services (collectively, the “Program”), which you agree to use, subject to these SMS Terms and Conditions and Privacy Policy terms (the “Agreement”).  By Opting In and participating in Our cloud and SaaS services, means you have entered into an agreement with us for either monthly subscription Program terms or yearly subscription Program terms.
  2. User Opt In. The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program.  By participating in the Program, you agree to receive automated mobile messages at the phone number associated with your opt-in. The messages will only be related to the access, verification and use of the self-serve password reset system and identity verification system and will not be used to market or sell products to you. MESSAGE AND DATA RATES MAY APPLY. 
  3. User Opt Out.  If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program.  You may receive an additional mobile message confirming your decision to opt out. Alternatively, since your participation was authorized with your IT Service provider or IT Department you may also request that they remove you from the system. You understand and agree that the foregoing options are the only reasonable methods of opting out.  
  4. Duty to Notify and Indemnify.  If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you shall complete the User Opt Out process herein to ending your use of the mobile telephone number.  You understand and agree that your agreement to do so is a material part of these terms and conditions.  You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you shall be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number.  This duty and agreement shall survive any cancellation or termination of your Agreement.
  1. Program Description.  Without limiting the scope of the Program, users that opt into the Program can expect to receive messages with one-time passcodes, one-time passwords, identity verification codes, password expiry and account lockout notifications related to your company login accounts. 
  2. Cost and Frequency. Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your company’s password policy and how many times you contact your IT Helpdesk and are asked to verify your identity. 
  3. Customer Care and Support. For support regarding the Program, text “HELP” to the number you received messages from or email Us at [email protected].  Please note that the use of this email address is not an acceptable method of opting out of the program.  Opt Outs must be submitted in accordance with the procedures set forth above.
  4. Our Disclaimer of Warranty. The Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We shall not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. WIRELESS CARRIERS SHALL NOT, IN ANY CASE, BE LIABLE FOR DELAYED OR UNDELIVERED MOBILE MESSAGES.
  5. Participant Requirements.  You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
  6. Age Restriction.  You shall not use or effect Program if you are under eighteen (18) years of age or are of adult age in your jurisdiction.  By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s applicable law to use and engage with the Program.
  7. Entire Agreement and Privacy Policy. By entering into this Agreement by and using the Programs, you consent to Our Privacy Policy (“Privacy Policy”) at https://www.cyberqp.com/terms-and-conditions. The terms of the Privacy Policy together with terms contained herein constitutes the entire Agreement.
  8. Prohibited Content.  You shall not send any prohibited content over the Platform.  
  9. Modifications. We have the right, in our sole discretion, to modify this Agreement. You shall be notified of modifications through notifications or posts on Our website. 
  10. Governing Law. This Agreement and all related documents and all matters arising out of or relating to this Agreement, whether sounding in contract, tort, or statute, are governed by, and construed in accordance with, the laws of British Columbia and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision or rule (whether of the British Columbia or any other jurisdiction that would cause the application of the laws of any jurisdiction other than those of British Columbia
  11. Choice of Forum. Any legal suit, action, litigation, or proceeding of any kind whatsoever in any way arising out of, from or relating to this Agreement, including all statements of work, exhibits, schedules, attachments, and appendices attached to this Agreement, the services provided hereunder, and all contemplated transactions, shall be instituted in the courts of the Vancouver, British Columbia, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, litigation, or proceeding. Service of process, summons, notice, or other document by mail to such party’s address set forth herein shall be effective service of process for any suit, action, litigation or other proceeding brought in any such court. Each party agrees that a final judgment in any such suit, action, litigation, or proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. The parties irrevocably and unconditionally waive any objection to the venue of any action or proceeding in such courts and irrevocably waive and agree not to plead or claim in any such court that any such action or proceeding brought in any such court has been brought in an inconvenient forum.
  12. Force Majeure. Each party’s obligation (other than User Opt In, Opt Out, and Duty to Notify terms herein) shall be suspended during any period that the party is rendered incapable of performing by virtue of any criminal acts of third parties, war, viruses, including COVID-19, acts of public enemies, severe weather conditions, utility failures, strikes or other labor disturbances, fires, floods, other natural disasters, other acts of God, unforeseeable acts of employees, telecommunication or interruption of internet service, or any causes of like or different kind beyond any reasonable control of the party.
  13. Miscellaneous. This Agreement constitutes the entire agreement and understanding between the parties hereto with respect to the subject matter hereof and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. Any notices to Us must be sent to our corporate headquarters address available at Our website and must be delivered either in person, by certified or registered mail, return receipt requested and postage prepaid, or by recognized overnight courier service, and are deemed given upon receipt by Us. Notwithstanding the foregoing, you hereby consent to receiving electronic communications from Us. These electronic communications may include notices about applicable fees and charges, transactional information, and other information concerning or related to the Programs. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically shall satisfy any legal communication requirements, including that such communications be in writing. The invalidity, illegality, or unenforceability of any provision herein does not affect any other provision herein or the validity, legality, or enforceability of such provision in any other jurisdiction. Any failure to act by Us with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit our rights with respect to such breach or any subsequent breaches. This Agreement is personal to you and may not be assigned or transferred for any reason whatsoever without our prior written consent and any action or conduct in violation of the foregoing shall be void and without effect. We expressly reserve the right to assign this Agreement and to delegate any of its obligations hereunder.