Terms of use

BE CUSTOM INNOVATIONS INC. WEBSITE TERMS OF USE

LAST UPDATED: OCTOBER 31, 2021


1. OVERVIEW


These Terms of Use form a legally binding contract between BE CUSTOM INNOVATIONS
INC. ("we" or "us") and the people and companies (“Users” or “you”) that access and use
our website located at www.becustom.ca or any related website or mobile platform
controlled by us (collectively, the "Website"). These Terms of Use apply to all services
provided through our Website and any other software application we operate, and all
content, services, and products available at or through the Website.


It is very important that you read and fully understand these Terms of Use before using
the Website. By agreeing to these Terms of Use and using the Website, you are entering
into a legally binding contract that will impact your rights.


By accessing any part of the Website, you agree to be bound by these Terms of Use. You
are also confirming that you have read and fully understood these Terms of Use. If you do
not agree to or understand all of these Terms of Use, then you may not access the Website
or use any services available on the Website.


These Terms of Use should be read in conjunction with the Privacy Policy and any other
rules, guidelines, or policies posted on the Website.


2. SERVICES AVAILABLE ON THE WEBSITE


Without restriction, we generally offer the following services through the Website:
We provide event management, sales and rental of all integrated technology in
relation to sound, lighting and video.
The services we offer are subject to change over time. By using the Website, you are
confirming that you have determined that the services are appropriate for your needs. We
do not guarantee that these services meet your needs or that they are suitable for your
specific purposes.

3. OWNERSHIP OF YOUR FILES


When you choose to upload documents or data (including any images or text), BE
CUSTOM INNOVATIONS INC. does not review or pre-screen the contents of electronic data
uploaded or posted to the Website (“Content”) and BE CUSTOM INNOVATIONS INC.
claims no intellectual property rights with respect to the Content.


However, by posting, uploading, inputting or submitting any Content whatsoever to the
Website, you are granting BE CUSTOM INNOVATIONS INC. an irrevocable, royalty-free
licence while the Content remains uploaded to the Website, to use the Content for any
purpose related to the use and promotion of its business and the Website, including the
right to copy, distribute, edit, and publicly display such content with or without
attribution.


4. PAYMENT PROCEDURES


Payments for services or products available on the Website will be charged to you in
accordance with the policies, procedures, and timelines posted on the relevant sections of
the Website.
You agree to pay the fees applicable to your subscription and any other applicable fees,
including but not limited to fees relating to the processing of transactions under your
account (“Fees”).


All initial and recurring Fees will be charged to the credit card that you authorize for your
account. It is your responsibility to keep your authorized credit card valid and up to date
at all times. We may terminate or block access to your account if your credit card becomes
expired or otherwise invalid at the time any Fees become due.


For purposes of processing payments, we use the following service provider:


PAYPAL


Before using the Website, you must first review and approve the terms and conditions
governing the use of these third-party payment processors, which are available at the
following website(s): https://www.paypal.com


You may make In-App purchases through the Website. If you choose to make an In-App
purchase, then the App Store Provider's terms of use and/or end-user license agreement
from which you originally downloaded the Website shall also be applicable.


You acknowledge and agree that all billing and transaction processes for In-App purchases
are governed by the App Store Provider from which you originally downloaded the
Website.


5. YOUR ACCOUNT


In order to fully use the Website, you will be required to create an account. Information
submitted by you in order to create an account will be subject to our Privacy Policy, which
is available for review on the Website, and which you are required to approve before
creating an account. The Privacy Policy also dictates how to terminate your account and
how you can have your personal identifying information deleted from our servers.


The terms governing the features and capabilities of your account and the related fees can
be found on the Website.


6. TERMINATION


You may cancel and terminate your Account at any time in accordance with the terms and
policies posted on the Website.


If at the date of termination of your Account, there are any outstanding payments owing
by you to us, you will receive one final invoice via email. Once that invoice has been paid
in full, you will not be charged again.


7. LIMITATION OF LIABILITY


Except in a case where we are in violation of these Terms of Use, we will not be held liable
for, and you hereby fully waive the right to claim for, any loss, injury, claim, liability or
damages of any kind resulting in any way from use of the Website.


Your use of the Website is at your sole risk. The Website is provided on an “as is” and “as
available” basis without any warranty or condition, express, implied or statutory. We do
not warrant that your use of the Website will be uninterrupted, secure or error-free.


In no event will we have any liability to you or any third party for any lost profits or
revenues or for any indirect, special, incidental, consequential, or punitive damages
however caused, whether in contract, tort, or otherwise, and whether or not you or the third party have been advised of the possibility of such damages. In the event the foregoing paragraph, or any part thereof, is void under applicable law, this paragraph or such part thereof shall be inapplicable.


8. INDEMNIFICATION


You agree to indemnify and hold harmless BE CUSTOM INNOVATIONS INC., including our
officers, directors, shareholders, employees and agents, from and against any and all
claims and expenses, including legal fees and disbursements, which are made against us
and arise out of your use of the Website, including but not limited to your violation of any
term of these Terms of Use or any other policy posted on the Website.


9. SECURITY BREACHES


In order to protect your security, it is your sole responsibility to ensure that all usernames
and passwords used to access the Website are kept secure and confidential.
You must immediately notify us of any unauthorized use of your account, including the
unauthorized use of your password, or any other breach of security.


We will investigate any breach of security on the Website that we determine in our sole
discretion to be serious in nature, but we will not be held responsible or liable in any manner for breaches of security or any unauthorized access to your account however arising.


10. WARRANTIES AND REPRESENTATIONS


We hereby disclaim all warranties of any kind, whether express, implied, or statutory,
including but not limited to implied warranties as to merchantability or fitness for a
particular purpose as they relate to the Website.


11. COMPLIANCE WITH LAWS


You represent and warrant that:
i. You have the authority to bind yourself to these Terms of Use;
ii. Your use of the Website will be solely for purposes that are permitted by these Terms
     of Use;
iii. Your use of the Website will not infringe or misappropriate the confidentiality or
      intellectual property rights of any User or third party; and
iv. Your use of the Website will comply with all local, provincial and federal laws, rules
      and regulations, and with all policies posted on the Website.

 

You must only use the Website for your own lawful purposes, in accordance with these
Terms of Use and any notice, policy or condition posted on the Website. You may use the
Website on behalf of others or in order to provide services to others but if you do so you
must ensure that you are authorized to do so and that all persons for whom or to whom
services are provided comply with and accept all these Terms of Use.


12. AGE RESTRICTIONS


Users Must be Over the Age of 18. You represent and confirm that you are over the age
of 18. We do not target, market, or promote the Website to those under 18. We do not
permit any User under the age of 18 to use the Website.


13. GOVERNING LAW AND DISPUTE RESOLUTION


These Terms of Use and any access to or use of the Website shall be governed by, and
construed in accordance with, the laws in force in the Province of Ontario.


If any claim, dispute or controversy occurs between BE CUSTOM INNOVATIONS INC. and
a User relating to the interpretation or implementation of any of the provisions of these
Terms of Use, such dispute shall be resolved by private, confidential and binding
arbitration. Such arbitration shall be conducted by a single arbitrator. The arbitrator shall
be appointed by agreement of the parties or, in the absence of an agreement, such
arbitrator shall be appointed by a judge upon the application of either the User or BE
CUSTOM INNOVATIONS INC. Arbitration shall be held in the Province of Ontario, unless
otherwise agreed by the parties. The arbitration procedure to be followed shall be agreed
by the parties or, in absence of an agreement, determined by the arbitrator. The arbitration
shall proceed in accordance with the provisions of the Arbitration Act, 1991, SO 1991, c
17. Subject to any right of appeal, the decision arrived at by the arbitrator shall be final
and binding. Judgment upon the award rendered by the arbitrator may be entered in any
court having jurisdiction.


14. WAIVER OF CLASS ACTION


By using the Website, you agree to resolve any claim or dispute arising between you and
us on an individual basis, rather than addressing such claim or dispute as part of a group
or class. You hereby waive any right you may have to commence or participate in any class
action lawsuit commenced against BE CUSTOM INNOVATIONS INC. or its affiliates related
to any claim, dispute or controversy arising from your use of the Website. Where
applicable, you hereby agree to opt out of any class proceeding against BE CUSTOM
INNOVATIONS INC. otherwise commenced.


The above waiver shall not apply to claims or disputes arising under consumer protection
legislation or any other claim or dispute where a waiver of class action lawsuits is
unenforceable at law.


15. GENERAL TERMS

 

a. AMENDING THESE TERMS OF USE
These Terms of Use may be updated and amended from time to time. We reserve the
right to change these Terms of Use at any time, and any amended Terms of Use are
effective upon posting to the Website. We will make efforts to communicate any
changes to these Terms of Use we deem material, in our sole discretion, via email or
notifications on the Website. Your continued use of the Website will be deemed to be
immediate and unconditional acceptance of any amended Terms of Use, whether or
not we deemed the amendments to be material.


b. ASSIGNMENT
We may assign or delegate these Terms of Use, in whole or in part, to any person or
entity at any time with or without your consent and without prior notice to you.
Users may not assign or delegate any rights or obligations under these Terms of Use,
without our prior written consent, and any unauthorized assignment and delegation is
void.


c. NO WAIVER
No waiver of a provision, right or remedy of this Agreement shall operate as a waiver
of any other provision, right or remedy or the same provision, right or remedy on a
future occasion.


d. NO AGENCY
The parties to these Terms of Use are independent contractors and are not partners or
agents. BE CUSTOM INNOVATIONS INC. has no fiduciary obligations or professional
obligations whatsoever to you arising from these Terms of Use or your use of the
Website.


e. SEVERABILITY
In the event that any provision or part of this Agreement is found to be void or invalid
by a court of law, the remaining provisions, or parts thereof, shall be and remain in
full force and effect.


f. ENTIRE AGREEMENT
These Terms of Use, in conjunction with all policies and guidelines available on the
Website (including but not limited to any Privacy Policy), incorporated by reference,
constitute the entire agreement between you and BE CUSTOM INNOVATIONS INC.
and supersede all prior communications, agreements and understandings, written or
oral, with respect to the subject matter of these Terms of Use.


16. QUESTIONS ON THESE TERMS OF USE
We welcome you to contact us with any questions on these Terms of Use. You can send
your questions regarding these Terms of Use to the following email address:
[email protected]


17. CONFIRMATION OF AGREEMENT TO TERMS OF USE


BY PROCEEDING TO USE THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ,
UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS OF USE AND ANY
POLICIES AND NOTICES POSTED ON THE WEBSITE.