PLEASE READ THE TERMS AND CONDITIONS BEFORE USING THE SITE


The General Terms and Conditions of Use is drawn up in English and in French versions. In case of any dispute, the French version shall prevail. The following terms and conditions govern and apply to your use of or reliance on the site maintained by Bivizio (the "Site"). By accessing or browsing the site, you declare that you have read and understood the general conditions of use and declare that you are bound by these conditions. Please note that we may change the Terms of Use at any time without notice. Your continued use of the Site will be deemed your acceptance of the revised terms and conditions.
  • INTELLECTUAL PROPERTY
  • All intellectual property on the Site, with the exception of User Generated Content as defined below, is owned by us or our licensors and includes any copyright, trademark or patent protected material. All trademarks are owned, registered and/or licensed by us. All content on the Site, with the exception of User Generated Content as defined below, including, but not limited to, text, software, code, design, graphics, photos, sounds, music, videos, applications, interactive features and any other content, is a collective work under Canadian or any other copyright law and is the property of Bivizio.
    All rights reserved.
  • USE OF COMPANY CONTENT
  • We may provide you with certain information as a result of your use of the Site, including, without limitation, materials, data or information developed by us, or anything else that may assist you in using the Site or Services (the "Company Content"). The Company Content may not be used for any purpose other than the use of the site and the services offered on the site. Nothing herein shall be construed as granting you any license or intellectual property rights.
  • USER-GENERATED CONTENT
  • "User Generated Content" includes communications, materials, information, data, opinions, photos, profiles, messages, notes, hyperlinks, textual information, designs, graphics, sounds, or any other content that you and/or other users of the Site post or make available on or through the Site, except for content that is our property.
  • User Account and Account Usage
  • If your use of the Site requires an account that identifies you as a user of the Site (a "User Account"):
    • You are solely responsible for your user account, the maintenance, confidentiality and security of your user account and all passwords linked to your user account and the activity of any person who has access to your account with or without your permission.
    • You agree to immediately report to us any unauthorized use of your user account, services through your user account, a password linked to your user account or any other breach of the security of your user account or service provided through your user account, and you agree to assist us, as requested, to stop or remedy any security breach related to your account; and
    • You agree to provide true, accurate and current user information, as we may request from time to time, and you agree to notify us of any changes to your user information as required so that the information we hold is true, accurate and current.
  • PAYMENT
  • When you make a purchase on the Site, you agree to provide a valid payment instrument. Pay attention to the details of the transaction since the total price may include taxes, fees and shipping costs for which you are responsible.
    When you provide us with a payment instrument, you represent that you have permission to use that payment instrument. When you make a payment, you authorize us and the payment service we use to charge the full amount to the payment instrument you have designated for the transaction. You also authorize us to collect and record this payment instrument and any other information related to the transaction.
    If you pay by debit or credit card, we may obtain from the card issuer a pre-authorization of an amount up to the total amount of the transaction. If you choose to cancel a transaction before it is completed, the funds used for pre-authorization may not be immediately available in your account.
    We reserve the right to cancel any transaction if we are of the opinion that the transaction violates these terms and conditions of use or if we are of the opinion that by doing so we can prevent a financial loss.
    In order to prevent any financial loss, we may contact the issuer of your payment instrument, law enforcement authorities or any affected third party (including other users) and may share details of any payment with which you are associated if we are of the opinion that such action could prevent financial loss or a breach of law.
    Payment for any current service will be charged automatically until you notify us that you wish to terminate the services.
  • SALE OF PRODUCTS AND/OR SERVICES
  • We may sell goods or services or allow third parties to sell goods or services on our site. We are committed to being as accurate as possible with respect to all information about goods and services, including product descriptions and product images. However, we do not guarantee the accuracy or reliability of any information relating to a product and you acknowledge and agree that the purchase of such products is at your own risk.
    For goods or services sold by third parties, we are in no way responsible for any product and cannot make any warranty as to the merchantability, conformity, quality, safety or legality of such products. For any claim you may have against the manufacturer or seller of the product, you agree to pursue this cause of action against the manufacturer and/or seller and not against us. You agree to release us from any claim related to goods or services manufactured or sold by third parties, including any claim regarding warranty or product liability.
    If you are not satisfied with a property you have purchased on our site, you can do the following:
    For refunds for a product, contact: support@bivizio.com
  • AFFILIATE MARKETING AND ADVERTISING
  • Through the Site and its services, we may engage in affiliate marketing activities for which we receive a commission or percentage of sales. We may also accept advertising or sponsorships from commercial companies or receive other forms of advertising compensation.
  • ACCEPTABLE USE OF THE SITE
  • You agree not to use the Site for any unlawful purpose, or any other purpose prohibited under this clause. You agree not to use the Site in any way that could harm Bivizio's Site, Services, or business activity.
    You also agree not to use the Site for the following purposes :
    • Harass, abuse or threaten others or otherwise violate the rights of any person;
    • Violate the intellectual property of Bivizio or any other third party;
    • Upload or transmit computer viruses or any other software that could damage the property of Bivizio or others;
    • Commit fraud;
    • Create or participate in illegal gambling, lottery or pyramid scheme activities;
    • Post or distribute obscene or defamatory material;
    • Publish or distribute any material that incites violence, hatred, or discrimination of any group; or
    • Unlawfully collect information about others.
  • PROTECTION OF PRIVACY
  • By using our site, you may provide us with certain information. By using the Site, you authorize us to use your information in Canada and in any country in which we may operate.
    When you register for a user account, you provide us with a valid email address and you may also provide us with certain additional information, such as your name and/or billing information. Depending on your use of our site, we may also receive information from external applications that you use to access our site or we may receive information about you through various web technologies such as cookies, histories, pixel tags (also known as "clear GIFs"), beacons and others.
    We use the information collected from you to ensure that you ensure a good experience on the site. We may also track some of the passive information received to improve our marketing and analytics, and to do so, we may work with third-party providers.
    If you wish to block our access to any passive information we receive from the use of various technologies, you can choose to disable cookies in your web browser. Please be aware that we will still receive the information about you that you provide to us, such as your email address.
    If you choose to terminate your account, we will store and retain your information for the following period of time: 2 months. After this time, any information about you will be deleted.
  • REVERSE ENGINEERING AND SECURITY
  • You may not take any of the following actions:
    • Reverse engineer or disassemble any code or software on or from this site;
    • Violate or attempt to violate the security of the site by any unauthorized access, circumvention of encryption or any other security tool, exploitation of data or interference with any host, user or network.
  • DATA LOSS
  • We are not responsible for the security of your user account or the content of your account. Use of the Site is at your own risk.
  • INDEMNIFICATION
  • You agree to defend, indemnify and hold harmless Bivizio and its affiliates from and against any claim, suit or demand, including attorneys' fees, that may arise out of or relate to your use or abuse of the Site, your violation hereof or your conduct and actions. If we choose to do so, we will choose our lawyer and participate in our own defense.
  • SPAM POLICY
  • You are strictly prohibited from using the Site or any service offered on the Site for the purpose of illegal spam-related activities, including collecting addresses and personal information from others or sending mass commercial emails.
  • THIRD PARTY LINKS AND CONTENT
  • We may post links to third-party sites or services. We are in no way responsible for any damages or losses related to the use of the services of third parties whose link is on our site.
  • INDEPENDENCE OF CLAUSES
  • If any of these clauses is found to be illegal, declared void or unenforceable, in whole or in part, the unenforceable portion shall not affect the validity and enforceability of the other provisions of these Terms of Use.
  • SERVICE INTERRUPTIONS
  • We may have to interrupt your access to the site in order to perform work now or unplanned emergency work. You agree that your access to the Site may be affected by unplanned or unanticipated unavailability for any reason and that we will not be liable in any event for any damages or losses arising from such unavailability.
  • TERMINATION OF THE USER ACCOUNT
  • We may suspend, limit or terminate your user account and your use of the Site in our sole discretion, at any time, without notice and for any reason, including the operation or effectiveness of the Site or equipment or network owned by us or any third party that is disrupted by your use or abuse of the Site or if you have been or are currently in violation of the terms hereof. We will have no liability to third parties, including any third party provider for any suspension, limitation or termination of your access to the Site.
  • NO WARRANTY
  • Although we have made reasonable efforts to ensure that the content of this site is accurate, we cannot guarantee that such content is error-free, current or complete. Under no circumstances can we be held responsible for any damage that may result from an error on the site.
    We assume no responsibility for any damages arising from the misuse of the content of the site. Nor can we guarantee that the site is available without interruption, without errors or omissions, or that defects are corrected. It is also not possible to guarantee that the site and the servers that make it available are free of viruses or harmful components. The Site and its content are provided on an "as is" and "as available" basis without representations, warranties or conditions of any kind, either express or implied.
    If you decide to subscribe to services or features of the Site that require a subscription, you agree to provide accurate and up-to-date information about yourself as required by the relevant registration or subscription process, and to ensure its accuracy by making the necessary updates as soon as possible. You agree to maintain the confidentiality of all passwords or other account identifiers that you have chosen or that will be assigned to you at the time of registration or subscription on Bivizio or its partners and to assume responsibility for all activities related to the use of such passwords or accounts. In addition, you agree to notify us of any unauthorized use of your password or member account. We shall not be liable, directly or indirectly, for any loss or damage of any kind arising out of or in connection with your failure to comply with this provision.
    You acknowledge that we may, in our sole and absolute discretion, without notice, suspend, cancel or terminate your account, use of or access to the Site or any of its services, and remove and delete any information or content relating to the Site or any of the services offered (and terminate your use of it), for any reason, including if we believe you have breached these Terms. In addition, you acknowledge that we will not be liable to you or anyone else as a result of any such suspension, cancellation or termination. If you are dissatisfied with Bivizio or any of its services, or any of these terms, rules, policies, guidelines or our practices in relation to the operation of Bivizio or any of its services, your sole remedy is to stop using the site or service in question.
  • CONFIDENTIALITY
  • In addition to these terms and conditions, the site has a privacy policy that describes how personal information is handled when you visit the site, as well as how cookies are used.
    For more information, please see our Privacy Policy at the following address: Privacy Policy
    By browsing the site, you declare that you have also read the aforementioned privacy policy.
  • LIMITATION OF LIABILITY
  • We are in no way liable for any damages you may suffer as a result of your use of the Site, to the fullest extent of the law. Bivizio's maximum liability arising from your use of the Site is limited to one hundred (100) Canadian dollars or the amount paid to Bivizio in the last six months, whichever is greater. This applies to any claim including, without limitation, loss of profits or revenue, consequential or punitive damages, negligence, civil liability or fraud of any kind.
  • QUESTIONS AND ADDITIONAL INFORMATION
  • For any questions or for further information, please contact us at the following address: support@bivizio.com
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