These terms and conditions (“Agreement”) sets
forth the general terms and conditions of your use of the www.Chaisbek.com website
(“Website” or “Service”) and any of its related products and services
(collectively, “Services”). This Agreement is legally binding between you
(“User”, “you” or “your”) and Chaisbek Inc. ( CHAISBEK) (“Chaisbek Inc. ( CHAISBEK)”,
“we”, “us” or “our”). By accessing and using the Website and Services, you
acknowledge that you have read, understood, and agree to be bound by the terms
of this Agreement. If you are entering into this Agreement on behalf of a
business or other legal entity, you represent that you have the authority to
bind such entity to this Agreement, in which case the terms “User”, “you” or
“your” shall refer to such entity. If you do not have such authority, or if you
do not agree with the terms of this Agreement, you must not accept this
Agreement and may not access and use the Website and Services. You acknowledge
that this Agreement is a contract between you and Chaisbek Inc. ( CHAISBEK),
even though it is electronic and is not physically signed by you, and it
governs your use of the Website and Services.
Accounts and membership
You must be at least 18 years of age to use the
Website and Services. By using the Website and Services and by agreeing to this
Agreement you warrant and represent that you are at least 18 years of age. If
you create an account on the Website, you are responsible for maintaining the
security of your account and you are fully responsible for all activities that
occur under the account and any other actions taken in connection with it. We
may monitor and review new accounts before you may sign in and start using the
Services. Providing false contact information of any kind may result in the
termination of your account. You must immediately notify us of any unauthorized
uses of your account or any other breaches of security. We will not be liable
for any acts or omissions by you, including any damages of any kind incurred as
a result of such acts or omissions. We may suspend, disable, or delete your
account (or any part thereof) if we determine that you have violated any
provision of this Agreement or that your conduct or content would tend to
damage our reputation and goodwill. If we delete your account for the foregoing
reasons, you may not re-register for our Services. We may block your email
address and Internet protocol address to prevent further registration.
Billing and payments
You shall pay all fees or charges to your account
in accordance with the fees, charges, and billing terms in effect at the time a
fee or charge is due and payable. Where Services are offered on a free trial
basis, payment may be required after the free trial period ends, and not when
you enter your billing details (which may be required prior to the commencement
of the free trial period). If auto-renewal is enabled for the Services you have
subscribed for, you will be charged automatically in accordance with the term
you selected. If, in our judgment, your purchase constitutes a high-risk
transaction, we will require you to provide us with a copy of your valid
government-issued photo identification, and possibly a copy of a recent bank
statement for the credit or debit card used for the purchase. We reserve the
right to change products and product pricing at any time. We also reserve the
right to refuse any order you place with us. 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 credit card, and/or orders that use the same billing and/or
shipping address. In the event that we make a change to or cancel an order, we
may attempt to notify you by contacting the e-mail and/or billing address/phone
number provided at the time the order was made.
Accuracy of information
Occasionally there may be information on the
Website that contains typographical errors, inaccuracies or omissions that may
relate to promotions and offers. We reserve the right to correct any errors,
inaccuracies or omissions, and to change or update information or cancel orders
if any information on the Website or Services is inaccurate at any time without
prior notice (including after you have submitted your order). We undertake no
obligation to update, amend or clarify information on the Website including,
without limitation, pricing information, except as required by law. No
specified update or refresh date applied on the Website should be taken to
indicate that all information on the Website or Services has been modified or
updated.
Third party services
If you decide to enable, access or use third
party services, be advised that your access and use of such other services are
governed solely by the terms and conditions of such other services, and we do
not endorse, are not responsible or liable for, and make no representations as
to any aspect of such other services, including, without limitation, their
content or the manner in which they handle data (including your data) or any
interaction between you and the provider of such other services. You
irrevocably waive any claim against Chaisbek Inc. ( CHAISBEK) with respect to
such other services. Chaisbek Inc. ( CHAISBEK) is not liable for any damage or
loss caused or alleged to be caused by or in connection with your enablement,
access or use of any such other services, or your reliance on the privacy
practices, data security processes or other policies of such other services.
You may be required to register for or log into such other services on their
respective platforms. By enabling any other services, you are expressly
permitting Chaisbek Inc. ( CHAISBEK) to disclose your data as necessary to
facilitate the use or enablement of such other service.
Advertisements
During your use of the Website and Services, you
may enter into correspondence with or participate in promotions of advertisers
or sponsors showing their goods or services through the Website and Services.
Any such activity, and any terms, conditions, warranties or representations
associated with such activity, is solely between you and the applicable third
party. We shall have no liability, obligation or responsibility for any such
correspondence, purchase or promotion between you and any such third party.
Links to other resources
Although the Website and Services may link to
other resources (such as websites, mobile applications, etc.), we are not,
directly or indirectly, implying any approval, association, sponsorship,
endorsement, or affiliation with any linked resource, unless specifically
stated herein. We are not responsible for examining or evaluating, and we do
not warrant the offerings of, any businesses or individuals or the content of
their resources. We do not assume any responsibility or liability for the
actions, products, services, and content of any other third parties. You should
carefully review the legal statements and other conditions of use of any
resource which you access through a link on the Website and Services. Your
linking to any other off-site resources is at your own risk.
Prohibited uses
In addition to other terms as set forth in the
Agreement, you are prohibited from using the Website and Services or Content:
(a) for any unlawful purpose; (b) to solicit others to perform or participate
in any unlawful acts; (c) to violate any international, federal, provincial or
state regulations, rules, laws, or local ordinances; (d) to infringe upon or
violate our intellectual property rights or the intellectual property rights of
others; (e) to harass, abuse, insult, harm, defame, slander, disparage,
intimidate, or discriminate based on gender, sexual orientation, religion,
ethnicity, race, age, national origin, or disability; (f) to submit false or
misleading information; (g) to upload or transmit viruses or any other type of
malicious code that will or may be used in any way that will affect the
functionality or operation of the Website and Services, third party products
and services, or the Internet; (h) to spam, phish, pharm, pretext, spider,
crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere
with or circumvent the security features of the Website and Services, third
party products and services, or the Internet. We reserve the right to terminate
your use of the Website and Services for violating any of the prohibited uses.
Intellectual property rights
“Intellectual Property Rights” means all present
and future rights conferred by statute, common law or equity in or in relation
to any copyright and related rights, trademarks, designs, patents, inventions,
goodwill and the right to sue for passing off, rights to inventions, rights to
use, and all other intellectual property rights, in each case whether
registered or unregistered and including all applications and rights to apply
for and be granted, rights to claim priority from, such rights and all similar
or equivalent rights or forms of protection and any other results of
intellectual activity which subsist or will subsist now or in the future in any
part of the world. This Agreement does not transfer to you any intellectual
property owned by Chaisbek Inc. ( CHAISBEK) or third parties, and all rights,
titles, and interests in and to such property will remain (as between the
parties) solely with Chaisbek Inc. (CHAISBEK). All trademarks, service marks,
graphics, and logos used in connection with the Website and Services are
trademarks or registered trademarks of Chaisbek Inc. ( CHAISBEK) or its
licensors. Other trademarks, service marks, graphics, and logos used in
connection with the Website and Services may be the trademarks of other third
parties. Your use of the Website and Services grants you no right or license to
reproduce or otherwise use any of Chaisbek Inc. ( CHAISBEK) or third-party
trademarks.
Disclaimer of warranty
You agree that such Service is provided on an “as
is” and “as available” basis and that your use of the Website and Services is
solely at your own risk. We expressly disclaim all warranties of any kind,
whether express or implied, including but not limited to the implied warranties
of merchantability, fitness for a particular purpose, and non-infringement. We
make no warranty that the Services will meet your requirements, or that the Service
will be uninterrupted, timely, secure, or error-free; nor do we make any
warranty as to the results that may be obtained from the use of the Service or
as to the accuracy or reliability of any information obtained through the
Service or that defects in the Service will be corrected. You understand and
agree that any material and/or data downloaded or otherwise obtained through
the use of Service is done at your own discretion and risk and that you will be
solely responsible for any damage or loss of data that results from the
download of such material and/or data. We make no warranty regarding any goods
or services purchased or obtained through the Service or any transactions
entered into through the Service. No advice or information, whether oral or written,
obtained by you from us or through the Service shall create any warranty not
expressly made herein.
Limitation of liability
To the fullest extent permitted by applicable
law, in no event will Chaisbek Inc. ( CHAISBEK), its affiliates, directors,
officers, employees, agents, suppliers or licensors be liable to any person for
any indirect, incidental, special, punitive, cover or consequential damages
(including, without limitation, damages for lost profits, revenue, sales,
goodwill, use of the content, impact on business, business interruption, loss
of anticipated savings, loss of business opportunity) however caused, under any
theory of liability, including, without limitation, contract, tort, warranty,
breach of statutory duty, negligence or otherwise, even if the liable party has
been advised as to the possibility of such damages or could have foreseen such
damages. To the maximum extent permitted by applicable law, the aggregate
liability of Chaisbek Inc. ( CHAISBEK) and its affiliates, officers, employees,
agents, suppliers, and licensors relating to the services will be limited to an
amount greater than one dollar or any amounts actually paid in cash by you to
Chaisbek Inc. ( CHAISBEK) for the prior one month period prior to the first
event or occurrence giving rise to such liability. The limitations and
exclusions also apply if this remedy does not fully compensate you for any
losses or fails of its essential purpose.
Indemnification
You agree to indemnify and hold Chaisbek Inc. ( CHAISBEK)
and its affiliates, directors, officers, employees, agents, suppliers and
licensors harmless from and against any liabilities, losses, damages or costs,
including reasonable attorneys’ fees, incurred in connection with or arising
from any third party allegations, claims, actions, disputes, or demands
asserted against any of them as a result of or relating to your Content, your
use of the Website and Services or any willful misconduct on your part.
Severability
All rights and restrictions contained in this
Agreement may be exercised and shall be applicable and binding only to the
extent that they do not violate any applicable laws and are intended to be limited
to the extent necessary so that they will not render this Agreement illegal,
invalid or unenforceable. If any provision or portion of any provision of this
Agreement shall be held to be illegal, invalid or unenforceable by a court of
competent jurisdiction, it is the intention of the parties that the remaining
provisions or portions thereof shall constitute their agreement with respect to
the subject matter hereof, and all such remaining provisions or portions
thereof shall remain in full force and effect.
Dispute resolution
The formation, interpretation, and performance of
this Agreement and any disputes arising out of it shall be governed by the
substantive and procedural laws of Ontario, Canada without regard to its rules
on conflicts or choice of law and, to the extent applicable, the laws of
Canada. The exclusive jurisdiction and venue for actions related to the subject
matter hereof shall be the courts located in Ontario, Canada, and you hereby
submit to the personal jurisdiction of such courts. You hereby waive any right
to a jury trial in any proceeding arising out of or related to this Agreement.
The United Nations Convention on Contracts for the International Sale of Goods
does not apply to this Agreement.
Assignment
You may not assign, resell, sub-license or
otherwise transfer or delegate any of your rights or obligations hereunder, in
whole or in part, without our prior written consent, which consent shall be at
our own sole discretion and without obligation; any such assignment or transfer
shall be null and void. We are free to assign any of its rights or obligations
hereunder, in whole or in part, to any third party as part of the sale of all
or substantially all of its assets or stock or as part of a merger.
Changes and amendments
We reserve the right to modify this Agreement or
its terms relating to the Website and Services at any time, effective upon
posting of an updated version of this Agreement on the Website. When we do, we
will revise the updated date at the bottom of this page. Continued use of the
Website and Services after any such changes shall constitute your consent to
such changes.
Acceptance of these terms
You acknowledge that you have read this Agreement
and agree to all its terms and conditions. By accessing and using the Website
and Services you agree to be bound by this Agreement. If you do not agree to
abide by the terms of this Agreement, you are not authorized to access or use
the Website and Services.
Contacting us
If you would like to contact us to understand
more about this Agreement or wish to contact us concerning any matter relating
to it, you may do so via email at [email protected]
This document was last updated on March 22nd,
2022