Terms of Service

Who we are

IntelliCycle Inc., incorporated in British Columbia, Canada. IntelliCycle operates this website and the application at app.intellicycle.net (the “application”), through which business counterparties register and hold an account. In these Terms of Service, “IntelliCycle”, “we”, “us” and “our” mean IntelliCycle Inc.

Acceptance of these terms

By accessing this website or creating an account on the application, you agree to be bound by these terms. If you do not agree, do not use the website or the application. We may update these terms from time to time: see “Changes to these terms” below.

Eligibility

The website and the application are intended for business use only and are not directed at consumers. You may use the application only on behalf of a company or other legal entity, and by creating an account you represent that you hold the authority needed to bind that entity to these terms and to any agreement entered into through the application. The website and the application are not for use by individuals under 18.

Accounts and verification

Opening an account on the application requires information about your company, including company registration details, beneficial ownership, and supporting documentation used for sanctions screening and trade licence checks. You must provide accurate and current information and keep it up to date. We may verify any information you submit, request further documentation at any time, and decline to open, suspend, or close an account where verification cannot be completed to our satisfaction or where we reasonably believe an account presents a compliance risk.

Acceptable use

You agree not to use the website or the application to:

• misrepresent your identity or the company you represent;
• provide false or misleading information during verification;
• attempt to circumvent our verification or screening processes;
• interfere with the operation, integrity, or security of the website or the application; or
• violate applicable law, including sanctions and export control law.

Nothing here is an offer to trade

Nothing on this website or the application is an offer, quotation, or commitment by IntelliCycle to buy, sell, or otherwise trade recycled metal. Each trade is governed exclusively by a separate contract executed between IntelliCycle Inc. and the counterparty, which sets out the commercial and legal terms of that trade. These Terms of Service govern only your use of the website and the application; they do not govern any trade.

Intellectual property

The website, the application, and their content, including text, graphics, logos, and software, are owned by IntelliCycle or its licensors and are protected by copyright, trademark, and other intellectual property law. You may view and use the website and the application for your own business purposes, but you may not copy, reproduce, or distribute their content, or reverse engineer, decompile, or attempt to extract the source code of the application, except to the extent applicable law permits it despite this restriction.

Disclaimers

The website and the application are provided “as is” and “as available”. To the fullest extent permitted by law, IntelliCycle disclaims all warranties, whether express or implied, including any warranty of merchantability, fitness for a particular purpose, or non-infringement, and does not warrant that the website or the application will be uninterrupted, secure, or free of error.

Limitation of liability

To the fullest extent permitted by law, IntelliCycle is not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits or lost data, arising out of or relating to your use of the website or the application, even where advised of the possibility of such damages. Where liability cannot be excluded, IntelliCycle’s total liability arising out of or relating to your use of the website or the application is limited to the amount, if any, you paid to IntelliCycle for that use in the twelve months preceding the event giving rise to the claim. Nothing in these terms limits liability that applicable law does not permit to be limited.

Indemnity

You agree to indemnify and hold IntelliCycle harmless against any claim, loss, or liability, including reasonable legal fees, arising out of your breach of these terms, your misuse of the website or the application, or the accuracy of the information you provide during verification.

Termination

We may suspend or terminate your access to the website or the application at any time, with or without cause, including where we believe you have breached these terms or applicable law. You may stop using the website or the application at any time. Provisions of these terms that by their nature should survive termination, including intellectual property, disclaimers, limitation of liability, and indemnity, survive termination.

Changes to these terms

We may update these terms from time to time. Where a change is material, we will take reasonable steps to bring it to your attention, such as updating the “Last updated” date above or notifying account holders through the application. Continued use of the website or the application after a change takes effect is acceptance of the updated terms.

Governing law and venue

These terms are governed by the law of British Columbia, Canada, and the federal law of Canada applicable in it, without regard to conflict of law principles. Disputes arising out of these terms are subject to the courts sitting in British Columbia [GOVERNING LAW AND VENUE: LEGAL TO CONFIRM, including whether a mandatory arbitration or mediation step applies before court proceedings].

Contact

Questions about these terms can be sent to trade@intellicycle.net.