Terms of Service

Acceptance of Terms

Welcome to the website and services of Oken Ihian and Oken Ihian Grt Ltd., with a registered office at 7355 Torbram Road, Mississauga, Ontario L4T 3W3, Canada. These Terms of Service, together with our Privacy Policy and any other agreements, policies, or guidelines referenced herein or made available on our website, constitute a legally binding agreement between you, whether personally or on behalf of an entity with which you are associated, and Oken Ihian Grt Ltd. By accessing, browsing, or using the website located at https://www.okenihian.lol, by engaging our computer systems design, integration, consulting, managed infrastructure, or related professional services, by creating a user account, by submitting any inquiry or content through our website, or by otherwise indicating your acceptance through a click-through mechanism or other affirmative action, you represent and warrant that you have read, understood, and agree to be bound by all of the terms, conditions, and obligations set forth in these Terms of Service. If you do not agree to every term and condition contained herein, you are expressly prohibited from using our website and our services, and you must discontinue all access and use immediately.

Oken Ihian reserves the right, in its sole and absolute discretion, to modify, amend, supplement, or replace these Terms of Service at any time and from time to time. Material changes will be communicated to you by posting the updated terms on this page, by updating the effective date at the top of the page, and, where we deem appropriate or where required by law, by providing additional notice through email, through a notification on our website, or through other means reasonably calculated to bring the changes to your attention. Your continued access to or use of the website or our services following the posting of any revised Terms of Service constitutes your unconditional acceptance of those changes. You are responsible for periodically reviewing these Terms of Service to stay informed of updates. If you do not agree with any modification, your sole and exclusive remedy is to discontinue all access to and use of the website and our services. No modification to these Terms of Service proposed by you, whether in a purchase order, a service-level agreement, or any other document, will be binding on Oken Ihian unless expressly agreed to in writing by an authorized representative of Oken Ihian Grt Ltd.

By accepting these Terms of Service, you further represent and warrant that you are at least eighteen years of age or the age of majority in your jurisdiction of residence, whichever is greater. Our website and our services are not intended for individuals under the age of sixteen, and we do not knowingly engage with or provide services to minors without appropriate parental or guardian consent and oversight. If you are accessing or using our services on behalf of a corporation, partnership, limited liability company, government agency, non-profit organization, or other legal entity, you represent and warrant that you have the full legal authority to bind that entity to these Terms of Service, and in such case, the terms you and your as used herein will refer to that entity and its authorized users collectively.

Description of Services

Oken Ihian provides a comprehensive suite of computer systems design and related services to businesses, government agencies, and other organizations across Canada and internationally. Our core service offerings include, but are not limited to, enterprise systems architecture design and planning, custom software and systems development, systems integration and interoperability engineering, managed IT infrastructure and cloud operations, cybersecurity assessment and remediation, technical consulting and advisory services, network design and implementation, data center design and optimization, disaster recovery and business continuity planning, and technology procurement and vendor management support. The precise scope, deliverables, timelines, fees, and performance standards applicable to each engagement are defined in a separate statement of work, service agreement, or proposal, which will be incorporated into and governed by these Terms of Service. Nothing in these terms obligates Oken Ihian to provide any particular service, and no service relationship is established until the parties have mutually executed a written agreement specific to the engagement.

We strive to provide services with professionalism, technical competence, and diligence consistent with recognized industry standards and best practices in the field of computer systems design and information technology. However, the nature of technology services is such that outcomes may be influenced by factors beyond our reasonable control, including but not limited to the condition and compatibility of pre-existing systems, the availability and reliability of third-party hardware, software, and network components, the accuracy and completeness of information provided by the client, changes in regulatory requirements, and the evolving threat landscape affecting cybersecurity. While we employ skilled professionals and leveraged proven methodologies to deliver high-quality results, we do not guarantee that every system we design, integrate, or manage will operate without interruption, error, or vulnerability. Our commitment is to apply our best efforts, to communicate transparently with our clients about risks and trade-offs, and to work diligently to remediate issues that arise during the course of an engagement, in accordance with the terms of the applicable service agreement.

Our website serves as a platform for communicating information about our company, our service offerings, our expertise, and our industry perspectives. The content published on our website, including blog posts, case studies, white papers, technical articles, and other informational resources, is provided for general informational purposes only and does not constitute professional advice. No client relationship is formed through the mere viewing of our website or through the submission of an inquiry through our contact form. Formal engagement of our services requires a separate written agreement executed by both parties, and we reserve the right to decline any engagement or proposed engagement in our sole discretion, without obligation to provide reasons.

Website Use and Access

Oken Ihian grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use our website and its content solely for your personal or internal business informational purposes, strictly in accordance with these Terms of Service. This license does not include any right to download, copy, modify, reproduce, distribute, transmit, display, perform, publish, license, create derivative works from, transfer, or sell any content, information, software, products, or services obtained from or through the website, except as expressly permitted by these terms or with the prior written consent of Oken Ihian. Any use of the website that is not expressly authorized by these Terms of Service is strictly prohibited and constitutes a violation of our intellectual property rights and potentially of applicable laws.

You agree to access and use the website only for lawful purposes and in a manner that does not infringe upon, restrict, or inhibit the rights of any other user or third party. You are responsible for making all arrangements necessary for you to have access to the website, including maintaining an internet connection with adequate bandwidth, using a compatible and up-to-date web browser, and implementing appropriate security measures on your own devices and networks. We do not guarantee that the website, or any content on it, will always be available, uninterrupted, or error-free. We may suspend, withdraw, discontinue, or change all or any part of the website without notice at any time. We will not be liable to you if for any reason the website or any of its content or functionality is unavailable at any time or for any period. We may restrict access to some parts of the website, or to the entire website, to users who have registered with us or who meet other criteria that we establish from time to time.

You are prohibited from using the website or its content in any way that violates applicable federal, provincial, state, local, or international law or regulation; that is fraudulent, deceptive, or misleading; that exploits or harms minors in any way; that transmits or facilitates the transmission of any advertising or promotional material without our prior written consent, including spam, chain letters, and pyramid schemes; that impersonates or attempts to impersonate Oken Ihian, an Oken Ihian employee, another user, or any other person or entity; that introduces or attempts to introduce viruses, trojans, worms, logic bombs, time bombs, keystroke loggers, or other material that is malicious or technologically harmful; that attempts to gain unauthorized access to, interfere with, damage, or disrupt any parts of the website, the server on which the website is stored, or any server, computer, or database connected to the website; or that attacks the website via a denial-of-service attack or a distributed denial-of-service attack.

User Accounts and Registration

Certain features of our website or portions of our services may require you to create a user account and to provide certain registration information. When you create an account, you agree to provide accurate, current, complete, and truthful information about yourself or the entity you represent, and to maintain and promptly update that information as necessary to keep it accurate, current, and complete. You acknowledge that Oken Ihian may rely on the information you provide in making decisions about your access to and use of our services, and that providing false, misleading, or incomplete information constitutes a breach of these Terms of Service and may result in the immediate suspension or termination of your account and your access to our services.

You are solely and fully responsible for maintaining the confidentiality of your account credentials, including your username, password, and any other authentication factors, and for all activities that occur under your account, whether authorized by you or not. You agree to notify Oken Ihian immediately of any unauthorized use of your account, any breach of security, or any other compromise of your credentials of which you become aware. Oken Ihian will not be liable for any loss or damage arising from your failure to comply with these security obligations. We reserve the right to disable any user account, username, or password, whether chosen by you or provided by us, at any time in our sole discretion if, in our reasonable opinion, you have failed to comply with any provision of these Terms of Service, if we suspect that your account has been compromised, or if we determine that disabling your account is necessary for the security or integrity of our systems or the protection of other users.

You agree not to create an account using a false identity or to create an account on behalf of someone other than yourself without the express authorization of that person or entity. You further agree not to create more than one account without our prior written permission and not to transfer, assign, or sell your account or any account rights to another person or entity. If your account has been terminated by Oken Ihian for a breach of these Terms of Service, you may not re-register or create a new account without our express written permission. We may, in our sole discretion, limit the number of accounts that may be created by a single individual or from a single organization.

Intellectual Property — Ownership

The website and all of its contents, features, and functionality, including but not limited to all text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, code, algorithms, user interfaces, visual layouts, design elements, color schemes, page headers, button icons, scripts, service names, and the selection and arrangement thereof, are owned by Oken Ihian Grt Ltd., its licensors, or other providers of such material and are protected by Canadian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The compilation of all content on the website is the exclusive property of Oken Ihian Grt Ltd. and is protected by Canadian and international copyright laws. No right, title, or interest in or to the website or any content on the website is transferred to you, and all rights not expressly granted herein are reserved by Oken Ihian.

The names Oken Ihian, Oken Ihian Grt Ltd., the OI logo mark, and all related names, logos, product and service names, designs, and slogans are trademarks and trade dress of Oken Ihian Grt Ltd. or its affiliates or licensors. You must not use such marks without the prior written permission of Oken Ihian. All other names, logos, product and service names, designs, and slogans mentioned on the website are the trademarks of their respective owners. The absence of a name, logo, or mark from the foregoing list does not constitute a waiver of any intellectual property right that Oken Ihian or its affiliates may have established in any of its trademarks, service marks, trade dress, logos, or other identifiers. Any unauthorized use of the trademarks or trade dress of Oken Ihian is strictly prohibited and may be pursued to the fullest extent permitted by law.

With respect to the deliverables and work product created by Oken Ihian in the course of providing professional services to a client, the allocation of intellectual property rights in such deliverables is governed by the terms of the specific service agreement, statement of work, or professional services contract entered into between Oken Ihian and that client. Unless otherwise expressly agreed in writing, Oken Ihian retains all right, title, and interest in and to its pre-existing intellectual property, including its proprietary tools, methodologies, frameworks, libraries, code modules, templates, know-how, and other materials that were developed by Oken Ihian prior to or independently of the engagement and that are used or incorporated in the delivery of services. Oken Ihian grants the client a perpetual, irrevocable, non-exclusive, non-transferable license to use any deliverables created specifically for the client, for the internal business purposes of the client, to the extent and subject to the conditions set forth in the applicable service agreement.

Intellectual Property — License to Use

Subject to your strict compliance with these Terms of Service, Oken Ihian grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access the website and to download, view, and print a single copy of any content made available on the website that is expressly designated for download, solely for your personal, non-commercial informational use and only as long as you do not modify the material in any way and you retain all copyright and other proprietary notices contained in the original material on any copies you make. This license is subject to these Terms of Service and does not include any right to (a) sell, resell, commercially exploit, or otherwise make available the website or any of its content to any third party; (b) use any data mining, robots, scraping, or similar data gathering or extraction methods on or in relation to the website; (c) modify, translate, adapt, or otherwise create derivative works of the website or its content; or (d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the website or any content available on or through the website.

Any use of the website or its content not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws. If you wish to make any use of material on the website other than that set out in this section, you must address your request in writing to connect@okenihian.lol. Oken Ihian may, in its sole and absolute discretion, grant or deny any such request, and any permission granted may be subject to additional terms, conditions, and fees. The license granted in this section will automatically terminate if you breach any provision of these Terms of Service, and Oken Ihian reserves the right to revoke this license at any time, with or without cause and with or without notice. Upon termination or revocation of this license, you must immediately cease all use of the website and destroy all copies, whether electronic or physical, of any content you have obtained from the website.

Intellectual Property — User Content

The website may contain features that allow users to submit, upload, publish, display, or transmit content, including but not limited to inquiries submitted through contact forms, comments posted on blog articles, feedback and testimonial submissions, and other communications that you choose to share with us. You retain full ownership of any intellectual property rights that you hold in any content you submit through the website. However, by submitting content to or through the website, you grant Oken Ihian a worldwide, non-exclusive, royalty-free, fully paid-up, transferable, sublicensable, perpetual, and irrevocable license to use, reproduce, modify, adapt, publish, translate, distribute, perform, display, and create derivative works from that content, in whole or in part, in any media, format, or technology now known or later developed, for the purposes of operating, improving, and promoting our website and our services, and for any other business purpose of Oken Ihian that is not prohibited by law.

You represent and warrant that you own or control all rights in and to any content you submit, that the content is accurate and not misleading, and that the use of the content as contemplated by these Terms of Service does not and will not violate any applicable law or infringe, misappropriate, or violate any intellectual property, privacy, publicity, or other rights of any third party. You are solely responsible for the content you submit and for any consequences of submitting it. Oken Ihian does not pre-screen content submitted by users and assumes no obligation to monitor or review such content. However, Oken Ihian reserves the right, in its sole discretion, to refuse, remove, or disable access to any user content that it considers to be in violation of these Terms of Service or otherwise objectionable. Oken Ihian takes no responsibility and assumes no liability for any content submitted by you or by any third party through the website.

Acceptable Use Policy

Your use of the Oken Ihian website and services must at all times comply with the acceptable use standards set forth in this section. You agree that you will not use the website or our services in any manner that is illegal, fraudulent, harassing, threatening, abusive, defamatory, obscene, invasive of the privacy of another, or otherwise objectionable, as determined by Oken Ihian in its reasonable discretion. You further agree that you will not use the website or our services to promote or engage in any activity that could harm, disrupt, or otherwise negatively impact the operation, security, or integrity of the website or any third-party systems, networks, or services.

Specifically, and without limiting the generality of the foregoing, you agree not to engage in any of the following prohibited activities: (a) uploading, transmitting, or distributing any viruses, worms, malware, ransomware, spyware, adware, trojans, logic bombs, time bombs, keystroke loggers, or any other code or software agent of a destructive, disruptive, or invasive nature; (b) attempting to probe, scan, or test the vulnerability of any system or network associated with Oken Ihian, or to breach or circumvent any security or authentication measures; (c) accessing, tampering with, or using non-public areas of the website, the computer systems of Oken Ihian, or the technical delivery systems of the providers of Oken Ihian; (d) sending, knowingly receiving, uploading, downloading, or using any material that does not comply with the content standards set out in these Terms of Service; (e) impersonating or misrepresenting your affiliation with any person or entity, including Oken Ihian; (f) using any automated means, including robots, spiders, crawlers, scrapers, or other automatic devices or manual processes, to access, acquire, copy, or monitor any portion of the website or any content without the express prior written permission of Oken Ihian; (g) interfering with or disrupting the website or servers or networks connected to the website, including by transmitting any worms, viruses, or any code of a destructive or disruptive nature, or by overloading, flooding, spamming, or mail-bombing any part of the website; (h) collecting, harvesting, or storing personal data about other users of the website without their express consent; (i) using the website to send unsolicited commercial communications or spam; (j) reverse engineering, decompiling, disassembling, or otherwise attempting to derive source code or underlying structures, ideas, or algorithms from any software provided as part of the website or our services, except to the extent that such restrictions are expressly prohibited by applicable law; and (k) encouraging or enabling any other individual or entity to do any of the foregoing.

Oken Ihian reserves the right, but does not assume the obligation, to investigate any suspected violation of this Acceptable Use Policy and to take any action we deem appropriate, including monitoring communications and content, removing or refusing to post any content, suspending or terminating access to the website or our services, and cooperating fully with law enforcement authorities in the investigation and prosecution of illegal conduct. We may disclose any information about you, including your identity and your communications, to law enforcement authorities or to any third party that claims that material posted by you violates their rights, if we believe that such disclosure is necessary or appropriate to comply with law, to protect the rights, property, or safety of Oken Ihian, our users, or the public, or to enforce these Terms of Service.

Confidentiality

In the course of your interactions with Oken Ihian, whether as a prospective client, an existing client, a vendor partner, or a website user, you may receive or have access to information that is confidential and proprietary to Oken Ihian. Confidential Information means any information, data, documentation, software, know-how, trade secrets, business plans, financial information, technical specifications, methodologies, client lists, project plans, and other material, whether oral, written, electronic, or in any other form, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of its disclosure. Without limiting the generality of the foregoing, all deliverables, tools, frameworks, processes, and intellectual property of Oken Ihian that are not publicly available are Confidential Information of Oken Ihian.

You agree to hold all Confidential Information in strict confidence and to take all reasonable precautions to prevent its unauthorized disclosure or use. You will not disclose Confidential Information to any third party without the prior written consent of Oken Ihian, and you will use Confidential Information only as necessary for the purposes for which it was disclosed to you and in compliance with these Terms of Service and any applicable service agreement. Your obligations of confidentiality do not apply to information that (a) is or becomes publicly available through no fault of your own; (b) was rightfully in your possession without confidentiality restrictions prior to disclosure by Oken Ihian; (c) is rightfully disclosed to you by a third party without restriction on disclosure; or (d) is independently developed by you without reference to or use of the Confidential Information of Oken Ihian. You may disclose Confidential Information to the extent required by law, regulation, or court order, provided that you give Oken Ihian prompt written notice, to the extent permitted by law, and cooperate with Oken Ihian in seeking protective measures to limit the scope of such disclosure.

With respect to the confidentiality of client information and project data, Oken Ihian maintains strict confidentiality obligations as set forth in our service agreements and as governed by our Privacy Policy. We treat all client proprietary data, trade secrets, business strategies, system configurations, and other sensitive information with the highest degree of care and do not disclose such information to third parties except as necessary to perform our services, as required by law, or as authorized in writing by the client. The confidentiality obligations of Oken Ihian with respect to client information survive the termination or expiration of the applicable service agreement for so long as the information retains its confidential character.

Disclaimers

The website and all services provided by Oken Ihian are provided on an as is and as available basis, without any representations, warranties, or conditions of any kind, whether express, implied, statutory, or otherwise. To the fullest extent permitted by applicable law, Oken Ihian and Oken Ihian Grt Ltd., together with their respective officers, directors, employees, agents, contractors, successors, and assigns, expressly disclaim all warranties and conditions, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, quiet enjoyment, accuracy, and any warranties arising out of course of dealing, usage, or trade. Without limiting the generality of the foregoing, Oken Ihian does not warrant or represent that the website or its content will be accurate, complete, reliable, current, error-free, uninterrupted, or free of viruses or other harmful components; that any defects or errors will be corrected; that the website or the servers that make it available are free of viruses or other harmful components; or that the results that may be obtained from the use of the website or our services will meet your requirements or expectations.

Oken Ihian makes no representations or warranties concerning the suitability, reliability, availability, timeliness, or accuracy of the information, software, products, services, or related graphics contained on the website for any purpose. All such information, software, products, services, and related graphics are provided without warranty of any kind. You acknowledge that any reliance on such material is at your own risk, and you assume full responsibility for the consequences of such reliance. Oken Ihian specifically disclaims any liability for errors or omissions in the content of the website and for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the website. We do not guarantee, represent, or warrant that your use of our website or our services will be secure, timely, uninterrupted, or error-free, or that our services will operate in combination with any other hardware, software, system, or data.

With respect to our professional services, while we perform our work in accordance with industry standards and with the degree of skill and care ordinarily exercised by reputable computer systems design firms, technology projects inherently involve risks and uncertainties. Oken Ihian does not warrant that any system we design, integrate, deploy, or manage will be completely immune to security breaches, performance degradation, data loss, or operational disruption. The disclaimers in this section apply to the maximum extent permitted by applicable law. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. In such jurisdictions, the liability of Oken Ihian is limited to the greatest extent permitted by law.

Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall Oken Ihian, Oken Ihian Grt Ltd., or any of their respective officers, directors, shareholders, employees, agents, contractors, suppliers, licensors, successors, or assigns be liable for any indirect, incidental, special, consequential, exemplary, punitive, or enhanced damages of any kind, including but not limited to damages for loss of profits, loss of revenue, loss of data, loss of use, loss of goodwill, loss of business, loss of anticipated savings, business interruption, cost of procurement of substitute goods or services, or any other intangible losses, whether based on warranty, contract, tort (including negligence), strict liability, product liability, statute, or any other legal theory, and whether or not Oken Ihian has been advised of the possibility of such damages, arising out of or in connection with (a) your use of or inability to use the website or our services; (b) any conduct or content of any third party on the website, including without limitation any defamatory, offensive, or illegal conduct of other users or third parties; (c) any content obtained from or through the website; (d) unauthorized access, use, or alteration of your transmissions or content; (e) any errors, mistakes, omissions, or inaccuracies in the content made available through the website; or (f) any other matter relating to the website or our services.

The aggregate liability of Oken Ihian and Oken Ihian Grt Ltd. to you for all claims arising out of or relating to your use of or inability to use the website, the content on the website, or any services provided by Oken Ihian, whether in contract, tort (including negligence), strict liability, or otherwise, shall not exceed the greater of (a) the total amount of fees actually paid by you to Oken Ihian during the twelve-month period immediately preceding the event giving rise to the claim, or (b) one hundred Canadian dollars (CAD $100.00). The existence of more than one claim will not enlarge this limit. The parties acknowledge that the limitations of liability set forth in this section are fundamental elements of the basis of the bargain between Oken Ihian and you, and that Oken Ihian would not be able to provide the website or its services on the current basis without such limitations. These limitations will apply even if any limited remedy specified in these Terms of Service is found to have failed of its essential purpose.

Some jurisdictions do not allow the exclusion or limitation of liability for incidental, consequential, or certain other types of damages, so some or all of the limitations and exclusions set forth in this section may not apply to you. In such jurisdictions, the liability of Oken Ihian is limited to the maximum extent permitted by law. Nothing in these Terms of Service purports to exclude or limit any liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by the negligence of Oken Ihian, or for fraud or fraudulent misrepresentation. You and Oken Ihian agree that any cause of action arising out of or related to the website must commence within one year after the cause of action accrues; otherwise, such cause of action is permanently barred.

Indemnification

You agree to defend, indemnify, and hold harmless Oken Ihian, Oken Ihian Grt Ltd., and their respective officers, directors, shareholders, employees, agents, contractors, licensors, suppliers, successors, and assigns from and against any and all claims, demands, actions, suits, proceedings, liabilities, damages, losses, judgments, settlements, costs, and expenses, including without limitation reasonable legal and accounting fees, arising out of or relating to (a) your use of or access to the website and our services, including any data, information, or content transmitted or received by you; (b) your breach or violation of any term, condition, representation, warranty, or covenant contained in these Terms of Service, including without limitation the acceptable use policy and the intellectual property provisions; (c) your violation of any applicable law, regulation, or the rights of any third party, including intellectual property rights, privacy rights, and publicity rights; (d) any content, information, or materials that you submit, post, transmit, or otherwise make available through the website; (e) any misrepresentation made by you; or (f) the conduct of any other party accessing the website through your account or using your credentials, whether or not such access was authorized by you.

Oken Ihian reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. You shall not, in any event, settle any claim against Oken Ihian without the prior written consent of Oken Ihian, which consent shall not be unreasonably withheld, conditioned, or delayed. The obligations of indemnification set forth in this section will survive the termination or expiration of these Terms of Service and your use of the website and our services. This indemnification obligation is in addition to, and not in lieu of, any other indemnification obligations that may be set forth in a separate service agreement between you and Oken Ihian.

Third-Party Links and Services

The website may contain links to third-party websites, services, applications, or resources that are not owned, operated, or controlled by Oken Ihian. These links are provided solely for your convenience and informational purposes. Oken Ihian does not endorse, recommend, sponsor, or approve any third-party website, service, or resource, and the inclusion of any link on the website does not imply any affiliation, association, or relationship between Oken Ihian and the third party. We have no control over, and assume no responsibility for, the content, privacy policies, terms of service, or practices of any third-party websites or services. You acknowledge and agree that Oken Ihian shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.

Your interactions with third-party websites and services, including payment processing and the delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and the third party. You should review carefully the terms of service and privacy policies of any third-party website or service that you visit. Oken Ihian strongly advises you to exercise caution and to conduct your own due diligence before engaging in any transaction or relationship with any third party accessed through our website. If you have a dispute with any third party whose website or services are linked from our website, you release Oken Ihian from any and all claims, demands, and damages of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.

In addition to links to third-party websites, our services may involve the integration, interoperability, or use of third-party software, platforms, hardware, and cloud services as part of the systems we design, deploy, or manage for our clients. While we exercise professional judgment in selecting and recommending third-party products and services, we do not provide any warranty or assume any liability with respect to the performance, security, reliability, or continuity of third-party products or services. Any issues arising from the use of third-party products or services should be directed to the respective third-party provider. To the extent that the terms of service of a third-party provider require the disclosure of or compliance with certain terms by our clients, we will communicate those requirements to you, and your acceptance of such terms may be a condition of using the integrated system or service.

Termination

These Terms of Service are effective as of the date you first access the website or use our services and continue in full force and effect until terminated by either party in accordance with this section. You may terminate these Terms of Service at any time by discontinuing all access to and use of the website and our services and by destroying all materials you have obtained from the website and all related documentation and copies. Termination by you does not relieve you of any obligations that have accrued prior to the date of termination, including but not limited to payment obligations under any service agreement. Provisions of these Terms of Service that by their nature should survive termination shall survive, including without limitation ownership provisions, license grants made by you to Oken Ihian, warranty disclaimers, limitations of liability, indemnification obligations, governing law, and dispute resolution provisions.

Oken Ihian may terminate, suspend, or restrict your access to the website and our services at any time, with or without cause and with or without notice, in its sole and absolute discretion. Without limiting the generality of the foregoing, Oken Ihian may terminate or suspend your access immediately, without prior notice or liability, if you breach any provision of these Terms of Service; if we are required to do so by law or by a court or regulatory authority; if we cease offering the website or any portion of our services; if we determine, in our reasonable discretion, that your continued use may harm our systems, networks, reputation, or the interests of our other users or clients; or if you fail to pay any fees when due under a service agreement. In the event of termination by Oken Ihian for cause, you shall not be entitled to any refund of fees prepaid, and any outstanding fees shall become immediately due and payable.

Upon termination of these Terms of Service for any reason, all rights and licenses granted to you under these Terms of Service shall immediately terminate, and you must cease all access to and use of the website and our services and destroy all copies of any content, materials, or deliverables in your possession or control that were obtained from or through the website or our services, including any and all backups, archives, and electronic or physical copies. At the request of Oken Ihian, you will certify in writing that you have complied with the foregoing obligation. Termination of these Terms of Service does not terminate or affect any service agreement that may exist between you and Oken Ihian; such service agreements will continue to be governed by their own termination provisions. If you wish to terminate a service agreement, you must follow the termination procedures set forth in that agreement.

Governing Law

These Terms of Service, and any dispute, claim, or controversy arising out of or relating to them, whether in contract, tort, statute, or otherwise, shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, and the federal laws of Canada applicable therein, without regard to any conflict of laws principles that would result in the application of the laws of any other jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms of Service or to any transaction conducted through or in connection with the website or our services. You expressly agree that the exclusive jurisdiction for resolving any claim or dispute with Oken Ihian relating in any way to your use of the website or our services shall be in the courts located in the Province of Ontario, Canada, and you further consent and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

You hereby irrevocably waive, to the fullest extent permitted by applicable law, any objection that you may have now or hereafter to the laying of venue of any suit, action, or proceeding arising out of or relating to these Terms of Service in the courts of the Province of Ontario, including any claim that any such suit, action, or proceeding has been brought in an inconvenient forum. You further agree that any judgment obtained in a court of competent jurisdiction in the Province of Ontario may be enforced in any other jurisdiction where you or your assets may be located. Notwithstanding anything to the contrary in this section, Oken Ihian may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights, Confidential Information, or other proprietary interests, and you consent to the jurisdiction of any such court for that purpose.

If any action at law or in equity is necessary to enforce or interpret the terms of these Terms of Service or to resolve any dispute between the parties, the prevailing party in such action shall be entitled to recover from the other party all of the costs and expenses of such action, including without limitation reasonable legal fees and costs, in addition to any other relief to which the prevailing party may be entitled. The choice of the laws of Ontario and Canada set forth in this section applies to all users of our website and services, regardless of your physical location or jurisdiction of residence. By using our website and services, you acknowledge and accept that the substantive and procedural laws of Ontario and Canada shall govern these Terms of Service to the exclusion of the laws of any other jurisdiction.

Dispute Resolution

Oken Ihian is committed to resolving disputes with its users and clients in a fair, efficient, and cost-effective manner. Before initiating any formal legal proceedings, you agree to first contact Oken Ihian at connect@okenihian.lol and to make a good-faith effort to resolve any dispute, claim, question, or disagreement directly through consultation and negotiation. This informal dispute resolution process shall be a mandatory precondition to the filing of any lawsuit, claim, or other legal proceeding. The parties shall engage in good-faith negotiations for a period of at least sixty days following receipt of written notice of the dispute by the other party before either party may resort to formal legal action. Any notice of a dispute shall include a detailed written description of the nature and basis of the dispute and the specific relief sought.

If the parties are unable to resolve the dispute through direct negotiation within the sixty-day period, either party may submit the dispute to binding arbitration in accordance with the Arbitration Act of Ontario. The arbitration shall be conducted by a single arbitrator mutually agreed upon by the parties, or, if the parties cannot agree, appointed by a court of competent jurisdiction in the Province of Ontario. The arbitration shall take place in Mississauga, Ontario, Canada, and shall be conducted in the English language. The arbitrator shall have the authority to award any relief that would be available in a court of competent jurisdiction, including injunctive relief and the award of legal fees and costs to the prevailing party. The decision and award of the arbitrator shall be final and binding on the parties, and judgment upon the award may be entered in any court having jurisdiction thereof.

Notwithstanding the foregoing, you and Oken Ihian each retain the right to (a) bring an individual action in small claims court in the Province of Ontario, provided that the matter remains in that court and advances only on an individual basis; (b) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or Confidential Information; and (c) bring issues to the attention of federal, provincial, or local government agencies, and if the law allows, they may seek relief against Oken Ihian for you. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You further waive any right to participate in a class action lawsuit or class-wide arbitration against Oken Ihian. If for any reason a claim proceeds in court rather than in arbitration, each party waives any right to a jury trial.

Changes to These Terms

Oken Ihian reserves the right, in its sole and absolute discretion, to modify, amend, supplement, update, or replace any portion of these Terms of Service at any time and from time to time without prior notice to you, other than posting the revised terms on this page and updating the effective date shown at the top of the page. It is your sole responsibility to check this page periodically for changes. Your continued access to or use of the website or our services following the posting of any changes to these Terms of Service constitutes your unconditional acceptance of those changes. If you do not agree to the modified terms, you must immediately discontinue all access to and use of the website and our services.

When we make material changes to these Terms of Service, we will use reasonable efforts to provide additional notice, which may include sending an email to the address we have on file for registered users, posting a banner or notification on the website, or using other communication methods that we reasonably believe will effectively reach affected users. However, you acknowledge and agree that the posting of revised terms on this page, together with the updated effective date, constitutes sufficient notice for all purposes under these Terms of Service and at law. No waiver or modification of any provision of these Terms of Service made by you or on your behalf, whether through a purchase order, invoice, verbal communication, or otherwise, shall be binding on Oken Ihian unless expressly agreed to in writing and signed by an authorized representative of Oken Ihian Grt Ltd. We will not apply material changes retroactively to disputes or claims that arose before the effective date of the changed terms, unless we are required to do so by law.

Notices

All notices, requests, demands, consents, and other communications required or permitted to be given to Oken Ihian under these Terms of Service shall be in writing and shall be delivered by email to connect@okenihian.lol, or by registered or certified mail, postage prepaid, return receipt requested, or by nationally recognized overnight courier service, to the following address: Oken Ihian Grt Ltd., 7355 Torbram Road, Mississauga, Ontario L4T 3W3, Canada. Notices sent by email shall be deemed to have been given on the date of transmission if sent during normal business hours, or on the next business day if sent outside normal business hours. Notices sent by mail shall be deemed to have been given five business days after deposit in the mail. Notices sent by courier shall be deemed to have been given on the date of delivery as confirmed by the tracking records of the courier.

Notices and other communications from Oken Ihian to you may be provided through email to the email address you have provided to us, through a general notification posted on the website, through a message displayed when you log into your account, or through any other reasonable method of communication. You consent to receive notices and other communications from Oken Ihian electronically, and you agree that all such electronic communications satisfy any legal requirement that such communications be in writing. It is your responsibility to keep your contact information, including your email address, current and accurate. Oken Ihian shall not be responsible for any failure to receive notice due to your failure to maintain accurate contact information or to monitor communications from Oken Ihian. Any notice from you that does not comply with the requirements of this section shall be deemed not to have been given.

Contact Information

If you have any questions, concerns, comments, or requests regarding these Terms of Service, your rights and obligations hereunder, or any other aspect of your relationship with Oken Ihian, we encourage you to contact us. Our team is committed to responding to your inquiries in a timely, professional, and thorough manner. You may reach Oken Ihian through any of the following channels:

Oken Ihian Grt Ltd.

7355 Torbram Road
Mississauga, Ontario L4T 3W3
Canada

Email: connect@okenihian.lol
Phone: +1 (815) 781-8036
Website: https://www.okenihian.lol

We aim to acknowledge all inquiries relating to these Terms of Service within two business days of receipt and to provide a substantive response within a reasonable period thereafter, typically not exceeding fifteen business days. If your inquiry is complex or requires legal review, we will inform you of the anticipated timeline for a full response. Please note that while our team can provide general information about these terms and our services, any communication with us does not create an attorney-client relationship, and we cannot provide legal advice. You should consult with your own legal counsel regarding any questions you may have about your rights and obligations under these Terms of Service.

General Provisions

Entire Agreement. These Terms of Service, together with our Privacy Policy, any applicable service agreement or statement of work, and any other policies, guidelines, or addenda that are expressly incorporated herein by reference, constitute the entire agreement between you and Oken Ihian with respect to the subject matter hereof and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral, relating to that subject matter. No course of dealing, course of performance, or usage of trade shall be used to modify, supplement, or explain any term of these Terms of Service. In the event of any conflict or inconsistency between these Terms of Service and the terms of a separately executed service agreement, the terms of the service agreement shall govern with respect to the specific services covered by that agreement.

Severability. If any provision of these Terms of Service is determined by a court of competent jurisdiction to be invalid, illegal, void, or unenforceable, in whole or in part, that provision shall be deemed severed from these Terms of Service and the remaining provisions shall continue in full force and effect to the maximum extent permitted by law, and the parties shall negotiate in good faith to replace the invalid provision with a valid provision that most closely approximates the intent and economic effect of the invalid provision. The invalidity or unenforceability of any provision in any jurisdiction shall not affect the validity or enforceability of such provision in any other jurisdiction.

Waiver. The failure of Oken Ihian to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. No waiver by Oken Ihian of any breach or default under these Terms of Service shall be deemed a waiver of any preceding or subsequent breach or default. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by an authorized representative of Oken Ihian Grt Ltd. The rights and remedies provided in these Terms of Service are cumulative and are in addition to, and not exclusive of, any rights or remedies provided by law.

Assignment. You may not assign, transfer, delegate, or otherwise dispose of any of your rights or obligations under these Terms of Service, whether by operation of law or otherwise, without the prior written consent of Oken Ihian. Any attempted assignment, transfer, or delegation in violation of this provision shall be null and void and of no force or effect. Oken Ihian may assign, transfer, or delegate these Terms of Service, in whole or in part, at any time and without notice to you, including in connection with a merger, acquisition, reorganization, sale of all or substantially all of its assets, or similar corporate transaction. Subject to the foregoing, these Terms of Service shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.

Force Majeure. Oken Ihian shall not be liable for any failure or delay in the performance of its obligations under these Terms of Service or any service agreement if such failure or delay arises out of or results from causes beyond the reasonable control of Oken Ihian and without its fault or negligence, including but not limited to acts of God, war, terrorism, riot, civil commotion, fire, flood, earthquake, hurricane, epidemic, pandemic, public health emergency, strike, lockout, labor dispute, embargo, government order, law, regulation, or action, failure or delay of any supplier, subcontractor, utility, carrier, or communications provider, cyberattack, denial-of-service attack, or failure or malfunction of computer hardware, software, or networks.

Relationship of the Parties. Nothing in these Terms of Service shall be construed as creating a partnership, joint venture, agency, employment, or fiduciary relationship between you and Oken Ihian. Oken Ihian is an independent contractor in all respects, and neither party has the authority to bind the other or to incur any obligation on behalf of the other, except as expressly provided in a separate written agreement. Each party is solely responsible for its own expenses, taxes, and compliance with applicable laws.

Headings and Construction. The section headings and subheadings contained in these Terms of Service are included for convenience of reference only and shall not affect the interpretation or construction of any provision hereof. The language of these Terms of Service shall be construed as a whole according to its fair meaning and not strictly for or against any party. Whenever the words include, includes, or including are used in these Terms of Service, they shall be deemed to be followed by the words without limitation.

Survival. All provisions of these Terms of Service that by their nature should survive termination or expiration, including but not limited to provisions relating to intellectual property ownership, confidentiality obligations, disclaimers of warranty, limitations of liability, indemnification, governing law, dispute resolution, and these general provisions, shall survive and continue in full force and effect after the termination or expiration of these Terms of Service for any reason.

Language. These Terms of Service have been drafted in the English language. Any translation into another language is provided for convenience purposes only and shall have no legal effect. In the event of any conflict or inconsistency between the English version and any translation, the English version shall prevail and govern for all purposes.