TERMS AND CONDITIONS OF USE
By using the website www.bitspec.ca (the “Website”), including, but not limited to, by making purchases, ordering products, reviewing past orders and accounts, and/or taking elearning modules, you are agreeing to the terms and conditions within this policy and all ancillary policies for eLearning, consulting in Quality Management, design Machine Vision, Forum, Blog and Social Media. We may from time to time review and revise this policy. The revised policy will be effective and binding on you at the time it is posted on the Website.
1. Ownership and Content
You acknowledge that any and all information and/or content displayed on or in relation to the Website, including the manner in which the content is presented, is our property.
2. Privacy
Your privacy is important to us. Our Privacy Policy sets out the measures we take to protect your confidential information, how you can control your confidential information and how your confidential information is used. Although we take reasonable measures to protect the confidentiality of your confidential information, we cannot guarantee the security or confidentiality of that information. We recommend that you read the Privacy Policy.
3. Payment
In order to make a payment through the Website, you agree to our Payment and Order Policy. [NTD: Insert a hyperlink to the Payment and Order Policy] 4. Single User Pursuant to the Payment and Order Policy, the cost paid for access to an Elearning module relates solely to one individual, which access is non-transferable. You have the right to learn by using the Bitspec Elearning system for a period of one year, at which time your membership will expire. Upon expiration, you may continue to use the Bitspec Forum, social media and blog so long as the usage complies with Bitspec’s Terms and Conditions of Use. Bitspec may monitor and examine any systems and inspect any applicable data to ensure that all terms and conditions of all Bitspec policies are in compliance. If we find that multiple users are accessing a single registration we shall charge you for the additional users, which amounts shall be due and owing immediately. We shall also have the right to immediately terminate your continued use of all aspect of the Website.
5. Linked Sites
The Website may contain links to other websites. We do not assume responsibility for the accuracy or appropriateness of the content contained on those websites. You enter those sites at your own risk. A link to those websites should not be construed to mean that we are affiliated or associated in any way or that we endorse or recommend those websites.
6. Disclaimers
You are subject to the following disclaimers: The information on the Website is provided on an ''as is,'' ''as available'' basis. You agree that your use of the Website is at your sole risk. We disclaim all warranties of any kind, including but not limited to, any express warranties, statutory warranties, and any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our website will always be available, access will be uninterrupted, be error-free, meet your requirements, or that any defects in our website will be corrected. Information on the Website should not necessarily be relied upon and should not to be construed to be professional advice from us. We do not guarantee the accuracy or completeness of any of the information provided, and is not responsible for any loss resulting from your reliance on such information. If your jurisdiction does not allow limitations on warranties, this limitation may not apply to you. Your sole and exclusive remedy relating to your use of the site shall be to discontinue using the site. Under no circumstances will we be liable or responsible for any direct, indirect, incidental, consequential (including damages from loss of business, lost profits, litigation, or the like), special, exemplary, punitive, or other damages, under any legal theory, arising out of or in any way relating to the Website, your use of the same, or the content, even if advised of the possibility of such damages. All orders placed through the order entry system are taken on a best efforts basis. We are not be responsible for errors, negligence or inability to execute orders. Nor are we responsible for any delays in the transmission, delivery or execution of customer's order due to breakdown or failure of transmission or communication facilities, or to any other cause or causes beyond our reasonable control or anticipation. Order entry systems have been designed to provide an efficient and dependable method for entering orders. Commercial internet service providers are not 100% reliable and a failure by one or more of these providers may affect internet based order entry. The customer acknowledges that the order entry system is a mechanical system and as such may be subject to failure beyond our control. We are not responsible for any obscene or offensive content that you receive or view from others while using our website. However, if you do receive or view such content, please contact us by e-mail to info@bitspec.com so that we can investigate the matter. Although we are not obligated to do so, we reserve the right to monitor, investigate, and remove obscene or offensive material posted to our website.
7. Indemnification
You shall indemnify and hold harmless the Website and the Bitspec and its affiliates, directors, officers and shareholders from and against any and all costs, damages, expenses, liabilities and obligations, including, without limitation, reasonable attorneys’ fees, that you may incur as a result of, or in connection with,
(a) any breach of any representation or warranty made by you to us;
(b) your failure to comply with any of our policies;
(c) your use and/or actions in relation to the Website and/or our services; and
(d) the fitness of any product or order received through the Website.
8. Default;Rights and Remedies
Upon any failure by you to comply with your obligations to us, we shall have all of the rights and the remedies available to us, whether at law, in equity or otherwise, including, without limitation, rights and remedies under this Agreement and/or any policy adopted by us. Without limiting our rights and our remedies, we may turn your account over to a collection agency or a lawyer for collection. No delay or failure on the part of us in exercising any right or any remedy shall operate as a waiver of that right or that remedy and no single or partial exercise by us of any right or any remedy shall preclude other or further exercise of that right or that remedy or the exercise of any other right or any other remedy.
9. Limitation of Liability
You are subject to the limitations of liability contained in this policy and all ancillary policies adopted by us. In the event that, notwithstanding such limitations of liability, we are determined to be liable to you in connection with any transaction between us and you pursuant to this policy and/or the ancillary policies, our liability to you shall be limited to the greater of(a) the amount, if any, that you paid in such transaction or (b) $100. We are not, in any event, liable for any consequential, exemplary or indirect damages.
10. Absence of Relationship
The sole relationship between you and us is a purchaser-seller relationship. No other relationship, including, without limitation, any agent-principal relationship, any employee-employer relationship, any franchisee-franchisor relationship, any joint venture relationship or any partnership relationship, between us exists.
11. Governing Law
These Terms and Conditions of use, all ancillary policies and the use of the Website and our products and services shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. You irrevocably agree to the exclusive jurisdiction of the courts of Ontario for the resolution of disputes between us relating to this Agreement.
12. Headings and Extended Meanings
The headings appearing in this agreement are for convenience only and shall not in any manner affect the interpretation hereof. Words importing the singular number include the plural and vice versa and words importing gender include all genders.
13. Entire Agreement and Survival
These Terms and Conditions of use and all ancillary policies constitute the entire agreement between the parties with respect to the subject matter hereof. These Terms and Conditions of use and the ancillary policies are intended to be enforceable to the fullest extent permitted by applicable law. If any term of the same are held to be unenforceable for any reason, such unenforceability shall not affect the other terms of the same and the term that would otherwise be unenforceable shall be enforced to the fullest extent that it would be enforceable.
14. Assignment
We reserve the right to assign any or all of our rights and obligations hereunder as we, in our sole discretion, determined appropriate or necessary, without the consent of you. This policy and all ancillary policies shall be binding on all permitted assigns and successors of us and you.
15. Waiver
Our failure to exercise any of our rights upon a breach of any of the provisions of these Terms and Conditions of use or any of the ancillary policies shall not be deemed a waiver as to any subsequent breach.
16. Costs and Expenses Related to Collection
In the event that we must take any action against you to enforce your obligations under these Terms and Conditions of use and/or any ancillary policies, including, without limitation, turning your account over to a collection agency or a lawyer for collection, you shall pay all of the costs and the expenses incurred by us, including, without limitation, reasonable attorneys’ fees, in connection with such action.
17. Further Assurances
You covenant and agree that you and your successors and permitted assigns will sign further agreements, assurances, papers and documents, and documents and generally do and perform or cause to be done and performed such further and other acts and things that may be necessary or desirable by us from time to time in order to give full effect to this Agreement, the ancillary policies and every part hereof.
18. Force Majeure
If we cannot perform any obligation hereunder as a result of any event that is beyond our control, our delay or failure to perform such obligation shall be excused and we shall not be liable for any damages as a result of, or in connection with, such delay or such failure. If you have any questions or concerns relating to the Terms and Conditions or to any of its ancillary policies, please contact us via e-mail at mitch_grossu@bitspec.com or by telephone at 647-293-5795.