Terms and Conditions
Last updated: November 11, 2025
AGREEMENT TO OUR LEGAL TERMS
We are
Aeiwa Inc
(
'Company',
'we', 'us', or 'our' )
.
We operate the
website
https://costbeacon.com
(the 'Site' ) ,
the mobile application costBeacon
(the 'App' ) , as well
as any other related products and services that refer
or link to these legal terms (the 'Legal
Terms' ) (collectively, the
'Services' ).
You can contact us by
email at contact@costbeacon.com
or by mail to __________
, Toronto
, Ontario
,
Canada
.
These Legal Terms constitute a
legally binding
agreement made between you, whether personally or on behalf of an entity (
'you' ), and
Aeiwa Inc , concerning your access to and use
of the Services. You
agree that by accessing the Services, you have read, understood, and agreed to be
bound by all of these
Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE
EXPRESSLY PROHIBITED FROM USING
THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and
conditions or documents that
may be posted on the Services from time to time are hereby expressly incorporated
herein by reference. We
reserve the right, in our sole discretion, to make changes or modifications to these
Legal Terms from time to time . We will alert you about
any changes by updating the 'Last updated'
date of these Legal Terms, and you waive any right to receive specific notice of
each such change. It is
your responsibility to periodically review these Legal Terms to stay informed of
updates. You will be
subject to, and will be deemed to have been made aware of and to have accepted, the
changes in any revised
Legal Terms by your continued use of the Services after the date such revised Legal
Terms are posted.
We
recommend that you print a copy of
these Legal Terms for your records.
TABLE OF CONTENTS
1. OUR SERVICES
The
information provided when using the Services is not intended for distribution to or
use by any person or
entity in any jurisdiction or country where such distribution or use would be
contrary to law or regulation
or which would subject us to any registration requirement within such jurisdiction
or country. Accordingly,
those persons who choose to access the Services from other locations do so on their
own initiative and are
solely responsible for compliance with local laws, if and to the extent local laws
are applicable.
The
Services are not tailored to comply with industry-specific regulations (Health
Insurance Portability and
Accountability Act (HIPAA), Federal Information Security Management Act (FISMA),
etc.), so if your
interactions would be subjected to such laws, you may not use the Services. You may
not use the Services in
a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the
licensee of all intellectual
property rights in our Services, including all source code, databases,
functionality, software, website
designs, audio, video, text, photographs, and graphics in the Services
(collectively, the 'Content' ), as well as the trademarks,
service marks, and logos contained therein (the
'Marks' ).
Our Content and Marks are
protected by copyright and
trademark laws (and various other intellectual property rights and unfair
competition laws) and treaties in the United
States and
around the world.
The Content and Marks are
provided in or through the
Services 'AS IS'
for your internal business purpose only.
Your use of our Services
Subject to your compliance with these Legal Terms,
including the '
PROHIBITED
ACTIVITIES
' section below, we
grant you a
non-exclusive, non-transferable, revocable
licence to:
- access the Services; and
- download or print a copy of any portion of the Content to which you have properly gained access,
solely for your
internal business purpose .
Except as set out in this
section or elsewhere in our
Legal Terms, no part of the Services and no Content or Marks may be copied,
reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without our express prior written
permission.
If you wish to make any use of
the Services, Content,
or Marks other than as set out in this section or elsewhere in our Legal Terms,
please address your request
to: contact@costbeacon.com . If we
ever grant you the
permission to post, reproduce, or publicly display any part of our Services or
Content, you must identify us
as the owners or licensors of the Services, Content, or Marks and ensure that any
copyright or proprietary
notice appears or is visible on posting, reproducing, or displaying our
Content.
We reserve all rights not
expressly granted to you in
and to the Services, Content, and Marks.
Any breach of these
Intellectual Property Rights will
constitute a material breach of our Legal Terms and your right to use our Services
will terminate
immediately.
Your submissions and contributions
Please
review this section and the ' PROHIBITED
ACTIVITIES
' section carefully
prior to using our
Services to understand the (a) rights you give us and (b) obligations you have when
you post or upload any
content through the Services.
Submissions: By directly sending us any
question, comment,
suggestion, idea, feedback, or other information about the Services (
'Submissions' ), you agree to assign to us all
intellectual property rights in
such Submission. You agree that we shall own this Submission and be entitled to its
unrestricted use and
dissemination for any lawful purpose, commercial or otherwise, without
acknowledgment or compensation to
you.
Contributions: The Services may invite you
to chat, contribute to,
or participate in blogs, message boards, online forums, and other functionality
during which you may create,
submit, post, display, transmit, publish, distribute, or broadcast content and
materials to us or through
the Services, including but not limited to text, writings, video, audio,
photographs, music, graphics,
comments, reviews, rating suggestions, personal information, or other material ( 'Contributions' ). Any
Submission that is
publicly posted shall also be treated as a Contribution.
You
understand that Contributions may be viewable by other users of the Services
.
When you post Contributions, you grant us a
licence (including use of your name,
trademarks, and
logos): By posting any Contributions, you grant us an unrestricted,
unlimited, irrevocable,
perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right,
and licence to:
use, copy, reproduce,
distribute, sell, resell, publish, broadcast, retitle, store, publicly perform,
publicly display, reformat,
translate, excerpt (in whole or in part), and exploit your Contributions (including,
without limitation,
your image, name, and voice) for any purpose, commercial, advertising, or otherwise,
to prepare derivative
works of, or incorporate into other works, your Contributions, and to
sublicence the licences granted in this section. Our
use and distribution may
occur in any media formats and through any media channels.
This
licence includes
our use of your name,
company name, and franchise name, as applicable, and any of the trademarks, service
marks, trade names,
logos, and personal and commercial images you provide.
You are responsible for what you post or
upload: By sending us
Submissions and/or posting Contributions through any part of the Services
or making Contributions accessible through the Services by linking your
account through the Services
to any of your social networking accounts,
you:
- confirm that you have read and agree with our
'PROHIBITED ACTIVITIES ' and will not post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading; - to
the extent permissible by applicable law, waive any and all moral rights to any
such Submission
and/or Contribution ; - warrant that any such Submission
and/or Contributions are original to you or that you have the necessary rights and licences to submit such Submissions and/or Contributions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions and/or Contributions ; and - warrant and represent that your Submissions
and/or Contributions do not constitute confidential information.
You are
solely responsible for your
Submissions and/or Contributions
and you expressly agree to reimburse us for any and all losses that we may
suffer because of your breach
of (a) this section, (b) any third party’s intellectual property rights, or (c)
applicable law.
We
may remove or edit your
Content: Although we have no obligation to monitor any Contributions, we
shall have the right to
remove or edit any Contributions at any time without notice if in our reasonable
opinion we consider such
Contributions harmful or in breach of these Legal Terms. If we remove or edit any such
Contributions, we may
also suspend or disable your account and report you to the authorities.
Copyright infringement
We respect
the intellectual property
rights of others. If you believe that any material available on or through the Services
infringes upon any
copyright you own or control, please immediately refer to the '
COPYRIGHT INFRINGEMENTS
' section below.
By using the Services, you
represent and warrant
that:
(1) all registration
information you submit
will be true, accurate, current, and complete; (2) you will maintain the
accuracy of such
information and promptly update such registration information as
necessary;
(3) you have the legal capacity and
you agree to comply with
these Legal Terms;
(4) you are not a
minor in the jurisdiction in which you reside
; ( 5) you will not access the
Services through automated or
non-human means, whether through a bot, script or
otherwise; (6) you will not use the Services
for any illegal or unauthorised purpose; and (7) your use of the Services will
not violate any
applicable law or regulation.
If
you provide any
information that is untrue, inaccurate, not current, or incomplete, we have
the right to suspend or
terminate your account and refuse any and all current or future use of the
Services (or any portion
thereof).
4. USER REGISTRATION
You
may be
required to register to use the Services. You agree to keep your
password confidential and
will be responsible for all use of your account and password. We reserve
the right to
remove, reclaim, or change a username you select if we determine, in our
sole discretion,
that such username is inappropriate, obscene, or otherwise
objectionable.
We accept the following forms
of payment:
You agree to provide current,
complete, and accurate
purchase and account information for all purchases made via the Services. You
further agree to promptly
update account and payment information, including email address, payment method, and
payment card expiration
date, so that we can complete your transactions and contact you as needed. Sales tax
will be added to the
price of purchases as deemed required by us. We may change prices at any time. All
payments shall
be in
US dollars .
You agree to pay all charges at
the prices then in
effect for your purchases and any applicable shipping fees, and you
authorise us to charge your chosen payment provider
for any such amounts upon
placing your order. We reserve the right to correct any errors or mistakes in
pricing, even if we have
already requested or received payment.
We reserve the right to refuse
any order placed
through the Services. We may, in our sole discretion, limit or cancel quantities
purchased per person, per
household, or per order. These restrictions may include orders placed by or under
the same customer account,
the same payment method, and/or orders that use the same billing or shipping
address. We reserve the right
to limit or prohibit orders that, in our sole
judgement , appear to be placed by dealers, resellers,
or distributors.
6. SUBSCRIPTIONS
Billing and Renewal
Free Trial
We
offer a 30 -day free trial to new users who register with
the Services.
The account will not be charged and the subscription will be
suspended until upgraded
to a paid version at the end of the free trial.
Cancellation
Fee Changes
7. PROHIBITED ACTIVITIES
You may
not access or use the
Services for any purpose other than that for which we make the Services
available. The Services may not
be used in connection with any commercial
endeavours except those that are specifically
endorsed or approved by us.
As
a user of the
Services, you agree not to:
- Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
- Use any information obtained from the Services in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Services in a manner inconsistent with any applicable laws or regulations.
-
Engage
in
unauthorised framing of or linking to the Services. - Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
-
Upload
or transmit (or attempt to upload or to transmit) any
material that acts as
a passive or active information collection or transmission
mechanism,
including without limitation, clear graphics interchange
formats (
'gifs' ), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as 'spyware' or 'passive collection mechanisms' or 'pcms' ). - Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
- Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
- Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
-
Except
as may be the result of standard search engine or Internet
browser usage,
use, launch, develop, or distribute any automated system,
including without
limitation, any spider, robot, cheat utility, scraper, or
offline reader
that accesses the Services, or use or launch any
unauthorised script or other software. - Use a buying agent or purchasing agent to make purchases on the Services.
-
Make
any
unauthorised use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under falsepretences . -
Use
the Services as part of any effort to compete with us or
otherwise use the
Services and/or the Content for any revenue-generating
endeavour or commercial enterprise.
8. USER GENERATED CONTRIBUTIONS
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and owner
of or have the necessary
licences , rights, consents, releases, and permissions to use and to authorise us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms. - You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not
unsolicited or
unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation. - Your Contributions are not
obscene, lewd, lascivious, filthy, violent, harassing,
libellous, slanderous, or otherwise objectionable (as determined by us). - Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.
Any
use of the
Services in violation of the foregoing violates these Legal Terms and
may result in,
among other things, termination or suspension of your rights to use
the Services.
9. CONTRIBUTION LICENCE
By
posting your
Contributions to any part of the Services
, you automatically grant, and you represent and warrant that
you have the right
to grant, to us an unrestricted, unlimited, irrevocable, perpetual,
non-exclusive,
transferable, royalty-free, fully-paid, worldwide right, and licence
to host, use,
copy, reproduce, disclose, sell, resell, publish, broadcast, retitle,
archive, store,
cache, publicly perform, publicly display, reformat, translate,
transmit, excerpt (in
whole or in part), and distribute such Contributions (including,
without limitation,
your image and voice) for any purpose, commercial, advertising, or
otherwise, and to
prepare derivative works of, or incorporate into other works, such
Contributions, and
grant and authorise sublicences
of the foregoing. The use and
distribution may occur in
any media formats and through any media channels.
This
licence
will apply to any
form, media, or technology now known or hereafter developed, and
includes our use of your
name, company name, and franchise name, as applicable, and any of the
trademarks, service
marks, trade names, logos, and personal and commercial images you
provide. You waive all
moral rights in your Contributions, and you warrant that moral rights
have not otherwise
been asserted in your Contributions.
We
do not assert
any ownership over your Contributions. You retain full ownership of all
of your
Contributions and any intellectual property rights or other proprietary
rights associated
with your Contributions. We are not liable for any statements or
representations in your
Contributions provided by you in any area on the Services. You are
solely responsible for
your Contributions to the Services and you expressly agree to exonerate
us from any and all
responsibility and to refrain from any legal action against us regarding
your
Contributions.
We
have the right,
in our sole and absolute discretion, (1) to edit, redact, or otherwise
change any
Contributions; (2) to re-categorise
any Contributions to place them in more
appropriate locations
on the Services; and (3) to pre-screen or delete any Contributions at
any time and for any
reason, without notice. We have no obligation to monitor your
Contributions.
10. MOBILE APPLICATION LICENCE
Use Licence
If you
access the Services via the
App, then we grant you a revocable, non-exclusive, non-transferable, limited right
to install and use the
App on wireless electronic devices owned or controlled by you, and to access and use
the App on such devices
strictly in accordance with the terms and conditions of this mobile application licence contained in
these Legal Terms. You
shall not: (1) except as permitted by applicable law, decompile, reverse engineer,
disassemble, attempt to
derive the source code of, or decrypt the App; (2) make any modification,
adaptation, improvement,
enhancement, translation, or derivative work from the App; (3) violate any
applicable laws, rules, or
regulations in connection with your access or use of the App; (4) remove, alter, or
obscure any proprietary
notice (including any notice of copyright or trademark) posted by us or the
licensors of the App; (5) use
the App for any revenue-generating endeavour
, commercial enterprise, or other purpose for which it is not designed or
intended; (6) make the App
available over a network or other environment permitting access or use by multiple
devices or users at the
same time; (7) use the App for creating a product, service, or software that is,
directly or indirectly,
competitive with or in any way a substitute for the App; (8) use the App to send
automated queries to any
website or to send any unsolicited commercial email; or (9) use any proprietary
information or any of our
interfaces or our other intellectual property in the design, development,
manufacture, licensing, or
distribution of any applications, accessories, or devices for use with the
App.
Apple and Android Devices
The
following terms apply when you
use the App obtained from either the Apple Store or Google Play (each an
'App Distributor' ) to access the Services: (1) the
licence granted to
you for our App is
limited to a non-transferable licence to
use the application on a device that utilises
the Apple iOS or Android operating systems, as applicable, and in accordance
with the usage rules set
forth in the applicable App Distributor’s terms of service; (2) we are responsible
for providing any
maintenance and support services with respect to the App as specified in the terms
and conditions of this
mobile application licence contained in
these Legal Terms or as otherwise required under applicable law, and you acknowledge
that each App
Distributor has no obligation whatsoever to furnish any maintenance and support
services with respect to the
App; (3) in the event of any failure of the App to conform to any applicable
warranty, you may notify the
applicable App Distributor, and the App Distributor, in accordance with its terms
and policies, may refund
the purchase price, if any, paid for the App, and to the maximum extent permitted by
applicable law, the App
Distributor will have no other warranty obligation whatsoever with respect to the
App; (4) you represent and
warrant that (i) you are not located in a country that is subject to a US government
embargo, or that has
been designated by the US government as a
'terrorist supporting' country and (ii) you are not
listed on any US government list of prohibited or
restricted parties; (5) you must comply with applicable third-party terms of
agreement when using the App,
e.g. if you have a VoIP application, then you
must not be in violation of
their wireless data service agreement when using the App; and (6) you acknowledge
and agree that the App
Distributors are third-party beneficiaries of the terms and conditions in this
mobile application licence contained in these Legal Terms, and
that each App Distributor will have the right (and will be deemed to have accepted
the right) to enforce the
terms and conditions in this mobile application
licence contained in these Legal Terms against you as
a third-party beneficiary
thereof.
11. SERVICES MANAGEMENT
We reserve the right,
but not the obligation, to: (1) monitor the Services for violations of these Legal Terms;
(2) take appropriate legal
action against anyone who, in our sole discretion, violates the law or these Legal Terms,
including without
limitation, reporting such user to law enforcement authorities; (3) in our sole discretion
and without limitation,
refuse, restrict access to, limit the availability of, or disable (to the extent
technologically feasible) any of
your Contributions or any portion thereof; (4) in our sole discretion and without
limitation, notice, or liability,
to remove from the Services or otherwise disable all files and content that are excessive
in size or are in any way
burdensome to our systems; and (5) otherwise manage the Services in a manner designed to
protect our rights and
property and to facilitate the proper functioning of the Services.
12. PRIVACY POLICY
We care about
data privacy and
security. Please review our Privacy Policy:
https://costbeacon.com/policies/privacy-policy
. By using the Services, you agree to be bound by our Privacy
Policy, which is incorporated
into these Legal Terms. Please be advised the Services are hosted in the United States
and United States
. If you access the Services from any
other region of the world
with laws or other requirements governing personal data collection, use, or disclosure
that differ from
applicable laws in
the United
States
and United States
, then through your continued use of the
Services, you are
transferring your data to
the United
States
and United States
, and you expressly consent to have your
data transferred to and
processed in
the United
States
and United States
.
13. COPYRIGHT INFRINGEMENTS
We respect the
intellectual property
rights of others. If you believe that any material available on or through the Services
infringes upon any
copyright you own or control, please immediately notify us using the contact
information provided below (a 'Notification' ). A copy of your Notification
will be sent to the person who posted or stored the material addressed in the
Notification. Please be advised
that pursuant to applicable law you may be held liable for damages if you make material
misrepresentations in a
Notification. Thus, if you are not sure that material located on or linked to by the
Services infringes your
copyright, you should consider first contacting an attorney.
14. TERM AND TERMINATION
These Legal
Terms shall remain in full
force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF
THESE LEGAL TERMS, WE
RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY
ACCESS TO AND USE OF THE
SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR
NO REASON, INCLUDING
WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN
THESE LEGAL TERMS OR OF
ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE
SERVICES OR DELETE
YOUR ACCOUNT AND
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR
SOLE DISCRETION.
If we
terminate or suspend your account
for any reason, you are prohibited from registering and creating a new account under
your name, a fake or
borrowed name, or the name of any third party, even if you may be acting on behalf of
the third party. In
addition to terminating or suspending your account, we reserve the right to take
appropriate legal action,
including without limitation pursuing civil, criminal, and injunctive redress.
15. MODIFICATIONS AND INTERRUPTIONS
We reserve the
right to change, modify,
or remove the contents of the Services at any time or for any reason at our sole
discretion without notice.
However, we have no obligation to update any information on our Services. We
will not be liable to you or any third party for any modification, price change,
suspension, or discontinuance
of the Services.
We cannot
guarantee the Services will
be available at all times. We may experience hardware, software, or other problems or
need to perform
maintenance related to the Services, resulting in interruptions, delays, or errors. We
reserve the right to
change, revise, update, suspend, discontinue, or otherwise modify the Services at any
time or for any reason
without notice to you. You agree that we have no liability whatsoever for any loss,
damage, or inconvenience
caused by your inability to access or use the Services during any downtime or
discontinuance of the Services.
Nothing in these Legal Terms will be construed to obligate us to maintain and support
the Services or to supply
any corrections, updates, or releases in connection therewith.
16. GOVERNING LAW
These Legal
Terms shall be governed by
and defined following the laws of
Canada
. Aeiwa Inc and yourself irrevocably
consent that the courts of
Canada
shall have exclusive jurisdiction to resolve any dispute which may arise in
connection with these Legal
Terms.
17. DISPUTE RESOLUTION
Informal Negotiations
To expedite
resolution and control the cost of any dispute, controversy, or claim
related to these Legal Terms (each a 'Dispute' and
collectively, the
'Disputes' ) brought by either you or us (individually, a
'Party' and collectively, the 'Parties' ), the
Parties agree to first attempt to negotiate any Dispute (except those Disputes
expressly provided below)
informally for at least thirty (30) days before initiating
arbitration. Such
informal negotiations commence upon written notice from one Party to the other
Party.
Binding Arbitration
Any dispute arising out
of or in connection with these Legal Terms, including any question regarding its
existence, validity, or
termination, shall be referred to and finally resolved by the International Commercial
Arbitration Court under the
European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the
Rules of this ICAC, which, as
a result of referring to it, is considered as the part of this clause. The number of
arbitrators shall be one (1) . The seat, or legal place, or
arbitration shall be
Toronto ,
Canada
. The language of the proceedings shall be English
. The governing law
of these Legal Terms shall be substantive law of
Canada
.
Restrictions
The Parties agree that
any arbitration shall be limited to the Dispute between the Parties individually. To the
full extent permitted by
law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right
or authority for any
Dispute to be arbitrated on a class-action basis or to
utilise class action procedures; and (c) there is no right
or authority for any Dispute to be
brought in a purported representative capacity on behalf of the general public or any
other persons.
Exceptions to Informal Negotiations and Arbitration
18. CORRECTIONS
There may be
information on the Services that contains typographical errors, inaccuracies, or
omissions, including descriptions,
pricing, availability, and various other information. We reserve the right to correct any
errors, inaccuracies, or
omissions and to change or update the information on the Services at any time, without
prior notice.
19. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN
AS-IS AND AS-AVAILABLE
BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE
FULLEST EXTENT PERMITTED BY
LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES
AND YOUR USE THEREOF,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR
COMPLETENESS OF THE SERVICES'
CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES
AND WE WILL ASSUME NO
LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT
AND MATERIALS, (2) PERSONAL
INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND
USE OF THE SERVICES, (3)
ANY UNAUTHORISED
ACCESS TO OR USE OF OUR SECURE
SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED
THEREIN, (4) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE
LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6)
ANY ERRORS OR OMISSIONS
IN ANY CONTENT AND MATERIALS OR 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 SERVICES. WE DO NOT
WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY
A THIRD PARTY THROUGH
THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN
ANY BANNER OR OTHER
ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING
ANY TRANSACTION BETWEEN
YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A
PRODUCT OR SERVICE THROUGH
ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE
CAUTION WHERE APPROPRIATE.
20. LIMITATIONS OF LIABILITY
IN NO EVENT WILL
WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR
ANY DIRECT, INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST
PROFIT, LOST REVENUE,
LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE
HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED
HEREIN, OUR LIABILITY TO
YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL
AT ALL TIMES BE
LIMITED TO
THE
AMOUNT PAID, IF ANY, BY YOU TO US
DURING
THE six (6) mONTH PERIOD
PRIOR TO ANY
CAUSE OF ACTION ARISING
.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO
NOT ALLOW LIMITATIONS ON
IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS
APPLY TO YOU, SOME OR ALL OF
THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL
RIGHTS.
21. INDEMNIFICATION
You agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand, including
reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of:
(1) your Contributions;
(2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and
warranties set forth in these
Legal Terms; (5) your violation of the
rights of a third party,
including but not limited to intellectual property rights; or (6) any
overt harmful act toward any other user of the Services with whom you connected via the
Services.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the
exclusive defence and
control of any matter for which you
are required to indemnify us, and you agree to cooperate, at your expense, with our
defence of such
claims. We will use reasonable
efforts to notify you of any such claim, action, or proceeding which is subject to this
indemnification upon
becoming aware of it.
22. USER DATA
We will maintain
certain data that you transmit to the Services for the purpose of managing the
performance of the Services, as well as data relating to your use of the Services.
Although we perform regular
routine backups
of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Services. You agree
that we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any such
loss or corruption of such data.
23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending
us emails, and
completing online forms constitute electronic communications. You consent to receive
electronic communications,
and you agree that all agreements, notices, disclosures, and other communications we
provide to you
electronically, via email and on the Services, satisfy any legal requirement that such
communication be in
writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND
OTHER RECORDS, AND TO
ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR
COMPLETED BY US OR VIA THE
SERVICES. You hereby waive any rights or requirements under any statutes, regulations,
rules, ordinances, or
other laws in any jurisdiction which require an original signature or delivery or
retention of non-electronic
records, or to payments or the granting of credits by any means other than electronic
means.
24. CALIFORNIA USERS AND RESIDENTS
If any complaint
with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N
112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.
25. MISCELLANEOUS
These Legal Terms and any
policies or operating rules
posted by us on the Services or in respect to the Services constitute the entire
agreement and understanding
between you and us. Our failure to exercise or enforce any right or provision of these
Legal Terms shall not
operate as a waiver of such right or provision. These Legal Terms operate to the
fullest extent permissible by
law. We may assign any or all of our rights and obligations to others at any time. We
shall not be responsible
or liable for any loss, damage, delay, or failure to act caused by any cause beyond our
reasonable control. If
any provision or part of a provision of these Legal Terms is determined to be unlawful,
void, or unenforceable,
that provision or part of the provision is deemed severable from these Legal Terms and
does not affect the
validity and enforceability of any remaining provisions. There is no joint venture,
partnership, employment or
agency relationship created between you and us as a result of these Legal Terms or use
of the Services. You
agree that these Legal Terms will not be construed against us by virtue of having
drafted them. You hereby waive
any and all defences
you may have based on the
electronic form of these Legal Terms and the lack of signing by the parties hereto to
execute these Legal
Terms.
26. CONTACT US
In order to resolve a complaint
regarding the Services
or to receive further information regarding use of the Services, please contact us
at: