Last updated: November 20, 2018.
These Terms of Service (“Terms“) govern your use of websites, related web-based applications and hardware products (“Products and Services”) provided by Nectar Technologies Inc. (“Nectar”, “Corporation”, “we”, “us”, “our”). By accessing or using our Products and Services, you the user (“User”, “you”, “your”) agree to be bound by these Terms. If you’re using our Products and Services on behalf of an organization or entity (“Organization”), then you are agreeing to these Terms on behalf of that Organization and you represent and warrant that you have the authority to bind the Organization to these Terms. In that case, “User”, “you”, and “your” refer to that Organization. If you do not agree with these Terms, do not use the Beecon and BeeHub device or other Products and Services provided by Nectar.
You may need a Nectar Account in order to use some of our Products and Services. Your Nectar Account is assigned to you by Nectar upon purchase confirmation of an Beecon and BeeHub device. You are responsible for choosing a strong password (e.g. by avoiding using the same password as other third party services, and by including numbers, symbols, uppercase and lowercase letters) for your Nectar Account. You are responsible for safeguarding the confidentiality of your Nectar Account password. You are responsible for the activity that happens on or through your Nectar Account. You agree to notify Nectar immediately if you become aware of any breach of security or unauthorized use of your account. Except if you reside in the Province of Québec, Nectar will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
By using our Products and Services, you agree to the following obligations:
Our Privacy Policy applies to all our Products and Services, and its terms are made a part of these Terms of Service by this reference. Please take a moment to familiarize yourself with our privacy practices.
The software contained within our Products and Services (“Software”) may automatically download and install updates from Nectar from time to time without further notice. These updates are designed to improve, enhance and further develop the Software and may take the form of bug fixes, new features, modules and completely new versions. You agree to receive such updates (and permit Nectar to deliver these to you) as part of your use of the Products and Services.
These Terms will govern any upgrades or updates provided by Nectar that replace and/or supplement all or part of the original Software, unless such upgrade or update is accompanied by a separate license in which case the terms of that license will govern.
Nectar may, but is not obligated to, provide any updates, maintenance, warranty, technical or other support or services for any Open-Sourced Components contained within the Products and Services.
We provide our Products and Services using a commercially reasonable level of skill and care and we hope that you will find value in using them. However, there are certain things that we don’t promise about our Products and Services.
THEREFORE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER Nectar NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE PRODUCTS AND SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE SPECIFIC FUNCTIONS OF THE PRODUCTS AND SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
CONSUMER PROTECTION LAWS IN QUÉBEC PROHIBIT ANY STIPULATION THAT WOULD RELIEVE A MERCHANT FROM THE CONSEQUENCES OF HIS OR HER OWN ACTION. IF YOU ARE A QUÉBEC CONSUMER, THIS SECTION DOES NOT APPLY TO THE EXTENT THAT IT WOULD RELIEVE THE CORPORATION OR ITS REPRESENTATIVE(S) OF LIABILITY FOR ANY ACTION OF THE CORPORATION.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Nectar, ITS AFFILIATES, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS OR SUPPLIERS (COLLECTIVELY THE “CORPORATION PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA OR OTHER INTANGIBLE LOSSES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICE, WHETHER OR NOT Nectar HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Nectar’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF $100 OR THE AMOUNTS PAID BY YOU TO Nectar IN CONNECTION WITH YOUR USE OF THE SERVICE DURING THE THREE (3) MONTH PERIOD PRIOR TO THE CLAIM GIVING RISE TO SUCH LIABILITY.
Nectar shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond Corporation’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.
The terms and conditions of these Terms of Service that limit liability reflect an informed voluntary allocation of risk; such allocation represents a material part of these Terms of Service. You agree that limitations of liabilities set out in these Terms of Service are fair and reasonable in the circumstances.
The terms and conditions of these Terms of Service that limit liability reflect an informed voluntary allocation of risk; such allocation represents a material part of these Terms of Service. You agree that limitations of liabilities set out in these Terms of Service are fair and reasonable in the circumstances.
You acknowledge and agree that the Products and Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or in information presented to you through the Products and Services or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by us or our advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Products and Services, in whole or in part.
Unless otherwise agreed in writing with Nectar, nothing in the Terms gives you a right to use any of Nectar’s trade names, trademarks, service marks, logos, domain names or other distinctive brand features.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Products and Services.
Nectar provides links on the website to other websites or resources, including those operated by parties other than Corporation. These links are provided for your convenience and Corporation is not responsible for the availability of such websites or resources and does not endorse or accept responsibility for the content of such external websites or resources and has no responsibility for or control over the terms of use or privacy policy (if any) of the operators of the external websites or resources. Your access and viewing of any third party websites or resources is conducted at your own risk. You are strongly advised to check the terms of use and the privacy policies of these external websites or resources before making use of them. You acknowledge that Corporation may remove any link to an external website or to resources at any time for any reason whatsoever.
You are free to stop using our Products and Services at any time. We may also terminate or suspend your access to the Products and Services at any time and without notice if you are not complying with these Terms or if you are using the Products and Service in a manner that we believe may cause us financial or legal liability. To the extent permitted by applicable law, the disclaimers, limitations on liability, termination, interpretative provisions, and your warranties and indemnities shall survive the termination of these Terms of Service.
These Terms and the relationship between you and Nectar shall be governed, construed and interpreted in accordance with the laws of the Province of Québec, Canada without regard to its conflict of law provisions. All claims arising out of or relating to these Terms or the Products and Services will be litigated exclusively in the federal or provincial courts of Québec City, Québec, Canada, and you and Nectar consent to personal jurisdiction in those courts.
The Products and Services, or any feature or part thereof, may not be available in all languages or in all countries and Nectar makes no representation that the Products and Services, or any feature or part thereof, is appropriate or available for use in any particular location. To the extent you choose to access and use the Products and Services, you do so at your own initiative and are responsible for compliance with any applicable laws.
The Products and Services may be modified from time to time, often without prior notice to you. Your continued use of the Products and Services constitutes your acceptance of such modifications. If you are not satisfied with a modification we make to the Products and Services, your sole and exclusive remedy is to terminate your use of the Products and Services.
Our Terms of Service may be updated from time to time. We will not reduce your rights under these Terms without your explicit consent. We will post any changes to the Terms on this page and display the date of last update. If the changes are significant, we will provide a more prominent notice (including, for certain services, an email notification of changes to the Terms).
Where Nectar has provided you with a translation of the English language version of our Terms of Service, then you agree that the translation is provided for your convenience only and that the English language version of the Terms will govern your relationship with Nectar.
If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.
These Terms of Service constitute the entire agreement between you and Nectar as it relates to the access to, and use of, the website and the Products and Services and the subject matter of these Terms of Service and supersede all prior or contemporaneous agreements, negotiations, representations and proposals, written or oral between Nectar and you.
In these Terms of Service: (a) words denoting the singular include the plural and vice versa; (b) all usage of the word “including” means “including, without limitation,” throughout these Terms of Service; (c) the division of these Terms of Service into separate sections, subsections and the insertion of headings is for convenience only and shall not affect the construction or interpretation of these Terms of Service; (d) words or abbreviations which have well-known or trade meanings are used herein in accordance with their recognized meanings; and (e) you and Corporation agree that these Terms of Service shall not be construed in favour of or against any party by reason of the extent to which any party or its professional advisors participated in the preparation of these Terms of Service.
If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid or unenforceable in any respect, then the remaining provisions of these Terms of Service, or the application of such provisions to persons or circumstances other than those as to which it is invalid or unenforceable shall not be affected thereby, and each such provision of these Terms of Service shall be valid and enforceable to the extent permitted by law.
This electronic document, and all other electronic documents referred to or incorporated herein, will be: (a) deemed for all purposes to be a “writing” or “in writing”, and to comply with all statutory, contractual, and other legal requirements for a writing; and (b) legally enforceable as a signed agreement. A printed version of these Terms of Service and any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
In addition to complying with these Terms of Service, you agree to use the website and the Products and Services for lawful purposes only and in a manner consistent with all applicable local, national or international laws and regulations, including all privacy and personal information laws. The website and any Products or Services shall not be used where, and to any extent, such use is prohibited by law. Your use of the website from any location is subject to your compliance with all applicable laws and regulations that may be applicable to you. You agree, and confirm, that your use of the website is in full compliance with the laws of the jurisdiction(s) to which you are subject, and that you are not prohibited from using the website due to any restriction whatsoever and that you have obtained all necessary consents and approvals required or reasonably necessary.
These Terms of Service are personal to you, and are not assignable, transferable, or sub-licensable by you except with Corporation’s prior written consent. Corporation may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.
If you have any questions or comments or wish to make a complaint about these Terms of Service, please feel free to email us at info@nectar.buzz. If you contact us about your personal information, we will respond to your request within a reasonable time and at no cost to you.
