Terms governing the use of our website, services, and professional engagements.
Welcome to Old Man Camera, operated by Old Man And His Camera Inc. (referred to as we, us, or our). By accessing our website at www.oldmancamera.autos or engaging our computer systems design and integration services, you agree to be bound by these Terms of Service (the Terms). If you do not agree with any part of these Terms, you must not use our website or services.
These Terms constitute a legally binding agreement between you (the user or client) and Old Man And His Camera Inc., a Canadian corporation with registered offices at 220 Bilbrough Street, Aurora, Ontario L4G 7X1.
Old Man Camera provides professional computer systems design and related services, including but not limited to systems architecture and design, integrated systems development, enterprise software solutions, cloud infrastructure planning and migration, technical consulting, and system security and compliance advisory.
Our services are delivered on a project basis under separate service agreements that may include additional terms, statements of work, or project proposals. In the event of a conflict between these Terms and a signed service agreement, the signed service agreement shall prevail.
All content on our website, including text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, is the property of Old Man And His Camera Inc. or its content suppliers and is protected by Canadian and international copyright, trademark, and intellectual property laws. You may not reproduce, distribute, modify, create derivative works from, or exploit any content without our prior written consent.
Upon full payment for services rendered, the Client shall receive ownership of the specific deliverables identified in the applicable service agreement. The Company retains the right to use generalised knowledge, methodologies, and non-client-specific intellectual property developed during the course of any engagement.
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our website for lawful purposes related to evaluating and engaging our services. This license does not permit any commercial use of our content or materials beyond the scope of your engagement with us.
As a client or user of our website, you agree to:
Both parties agree to maintain the confidentiality of all proprietary information disclosed during the course of any engagement. Confidential information includes, but is not limited to, business plans, technical specifications, source code, algorithms, trade secrets, financial data, and client lists. This obligation survives the termination of any engagement for a period of five years.
Confidential information does not include information that: (a) is or becomes publicly available through no breach of these Terms; (b) was independently developed without reference to the disclosing party's confidential information; or (c) is required to be disclosed by law or court order.
To the maximum extent permitted by applicable law, Old Man And His Camera Inc. and its officers, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, business interruption, or cost of procurement of substitute services, arising out of or in connection with the use of our website or services.
Our total liability for any claim arising under these Terms or from our services shall not exceed the amount paid by the Client to the Company for the specific service giving rise to the claim during the twelve-month period preceding the claim. Some jurisdictions do not allow certain limitations of liability, so these limitations may not apply to you.
Our services are provided on an as-is and as-available basis. We warrant that our services will be performed in a professional and workmanlike manner in accordance with industry standards. This warranty is in lieu of all other warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not warrant that our website or services will be uninterrupted, error-free, secure, or free from viruses or other harmful components. We make no representations regarding the suitability, reliability, availability, timeliness, or accuracy of the information and services contained on our website.
You agree to indemnify, defend, and hold harmless Old Man And His Camera Inc., its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising out of or related to:
Either party may terminate a service engagement in accordance with the terms specified in the applicable service agreement. We reserve the right to suspend or terminate your access to our website at any time, without notice, for conduct that we believe violates these Terms or is harmful to our interests or those of other users.
Upon termination, all rights granted to you under these Terms immediately cease, and you must cease all use of our website and destroy any copies of our materials in your possession. Sections of these Terms that by their nature should survive termination (including intellectual property, confidentiality, limitation of liability, and indemnification) shall remain in effect.
Our website may contain links to third-party websites or resources. We provide these links for convenience only and do not endorse, control, or assume responsibility for the content, policies, or practices of any third-party sites. Your interactions with third-party sites are governed by their own terms and policies.
These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.
Any disputes arising out of or relating to these Terms or our services shall first be attempted to be resolved through good-faith negotiations between the parties. If the dispute cannot be resolved within 30 days, the parties agree to submit the dispute to mediation in Toronto, Ontario, before pursuing any other legal remedies. The prevailing party in any legal proceeding shall be entitled to recover its reasonable legal costs and expenses.
Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, government actions, pandemics, labour disputes, internet service disruptions, or failure of third-party infrastructure.
These Terms, together with any applicable service agreements, proposals, or statements of work, constitute the entire agreement between you and Old Man And His Camera Inc. regarding your use of our website and services, superseding any prior agreements or understandings.
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it enforceable while preserving its intent.
No failure or delay by either party in exercising any right or remedy under these Terms shall operate as a waiver thereof. Any waiver must be in writing and signed by the waiving party. A waiver of any term on one occasion shall not be construed as a waiver of that term on any future occasion.
We reserve the right to modify these Terms at any time. Changes become effective immediately upon posting to our website. Your continued use of our website or services after changes are posted constitutes your acceptance of the modified Terms. We encourage you to review these Terms periodically. Material changes will be communicated via a notice on our website or by email where appropriate.
If you have any questions about these Terms, please contact us:
Note: These Terms of Service are a general framework governing the use of our website and services. Specific project engagements may be subject to additional terms detailed in separate service agreements or statements of work. In all cases, the specific terms of a signed service agreement shall take precedence over these general Terms where a conflict exists.