Terms of Use

WEBSITE TERMS OF USE

These terms and conditions (“Terms”) govern your (“user”, “you” or “your”) use of the BeKaTec Online Solutions website (the “Site”), as well as any content downloaded from or accessed through the Site, and constitute a legal contract between you and BeKaTec. Please read these Terms in their entirety because your use of the Site, other than to review these Terms, signifies your consent to be legally bound by and to comply with these Terms. If you do not agree with these Terms, you may not access or use the Site other than to review these Terms.

The Site and its contents are provided by BeKaTec Online Solutions Inc. (“BeKaTec”, “we”, “us” or “our”) for the use of clients and potential clients. Copyright and all other rights not expressly granted to users under these Terms are hereby expressly reserved by BeKaTec, and any additional uses of the Site or its contents require our prior written permission. For further information, or to request any permissions, please contact contact@bekatec.ca.

These Terms were last updated on January [06], 2021. At any time without notice or liability, and for any reason, we may update, change, suspend or terminate any aspect of these Terms or the Site. Please consult these Terms each time that you use the Site. Your continued use of the Site for 15 days or more following the posting of changes to these Terms will mean that you accept and agree to those changes.

Limited License

Subject to your compliance with these Terms, BeKaTec grants you a limited, non-exclusive, non-transferable license to use the Site and any content contained on the Site solely for the purpose of viewing information about BeKaTec and the services that it offers, and for contacting us.   Solely by using the Site, you are not committing to purchase, and BeKaTec is not committed to supply or any products or Services.  Any agreement for the purchase and sale of BeKaTec products and services will be subject to the terms of a separately executed services agreement.

Except as expressly permitted in these Terms, you agree not to reproduce, make derivative works of, retransmit, distribute, sell, publish, sublicense, commercialize, communicate, link, broadcast or otherwise make available the Site or any content, or other information and materials obtained through or in connection with the use of the Site, including without limitation, by caching, framing, deep-linking or similar means, without the prior written consent of BeKaTec.

Privacy

Your use of the Site and our use of certain information about you are subject to our privacy policy available at (“Privacy Policy), which is hereby incorporated by reference. Through your use of the Site you agree to the collection, storage and use of your information in accordance with the Privacy Policy. In case of any inconsistency between these Terms and any terms set out in the Privacy Policy, the terms of the Privacy Policy will prevail.

User Content and Conduct

All information, messages, ideas, reviews, opinions, questions, suggestions and other materials that are posted, e-mailed, transmitted, uploaded or otherwise submitted through your use of the Site are submitted at your own risk and are your sole responsibility. If you are posting content generated by or on behalf of a third party, you warrant that you are authorized to act on behalf of that third party and to bind them to these Terms. You should not submit any content that may cause harm or injury to any party. Do not publicly disclose any personal information about yourself or others.

You agree that you are responsible for your own conduct when using the Site.  Misuse or unauthorized use of the Site, its contents, BeKaTec’s network and systems, or of any information, images or other materials on the Site is strictly prohibited, and BeKaTec reserves the right, at its sole discretion and without liability, to immediately suspend or terminate access by any user who is using, or who BeKaTec reasonably believes may be using the Site or its contents in violation of these Terms. You agree that you will use the Site, including all BeKaTec content, only in ways that are legal, proper and in accordance with these Terms, accepted Internet protocol, and applicable rules, policies and guidelines. Without limiting the generality of the foregoing, by using the Site, you agree not to:

• use the Site or its contents for any commercial or revenue-generating activities unrelated to your interactions with BeKaTec, including for advertising, soliciting or otherwise promoting the sale or other distribution of products or services;

• interfere or attempt to interfere with, or obtain unauthorized access to, BeKaTec’s content, data, computers, systems or system security;

• upload, post, distribute, e-mail or otherwise publish or make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of unauthorized commercial communication, or to “hack” or “phish” us or other users;

• solicit or otherwise attempt to collect, discover, store or disseminate passwords, email addresses, addresses, telephone numbers, personally identifying information, or other non-public information from BeKaTec or other users;

• defame, abuse, threaten or otherwise violate the legal rights of others, including rights regarding privacy and publicity;

• modify, retransmit, distribute, disseminate, display, sell, publish, broadcast or circulate any content to any third party, or establish a link from any other site to the Site, without our prior consent;

• remove, alter or conceal any copyright, trademark or other proprietary rights notices from our materials, or from materials created by others, without prior permission;

• submit content that falsely expresses or implies that it is approved or endorsed by BeKaTec or others;

• upload, post, distribute, e-mail or otherwise publish or make available any content that you know to be inaccurate or misleading, or that is illegal, libelous, defamatory, obscene, harmful, vulgar, sexually explicit, threatening, tortuous, harassing, abusive, invasive of another user’s privacy, racially or ethnically objectionable, or which promotes hatred, physical harm or injury against any person or group;

• upload, post, distribute, e-mail or otherwise publish or make available any content that you do not have a right to make available under any law, including copyright laws, or under contractual or fiduciary relationships (such as insider information, and proprietary and confidential information learned or disclosed as part of an employment relationship or under a non-disclosure agreement);

• upload, post, distribute, e-mail or otherwise publish or make available any material that contains software viruses or any other computer code, files or programs designed to interfere with, destroy or limit the functionality of any computer software or system, website, application, telecommunications, or other equipment; or

• otherwise use the Site in a manner that could, in BeKaTec’s sole opinion, adversely affect the operation of the Site or the ability of other users to use the Site, any content, or the Internet.

We reserve the right, but do not assume the obligation, to ban users who violate these Terms from using the Site. We also reserve the right to reveal users’ identities (or any other information that we may know about users, including IP address(es)) in the event of a complaint or legal action, including a request by law enforcement authorities. BeKaTec assumes no liability or responsibility for any unauthorized modifications to the Site, or for any information posted, uploaded or otherwise added to the Site by any party other than BeKaTec.

You understand that by using the Site, you may be exposed to content that is incomplete, inaccurate or objectionable. Under no circumstances will we be liable in any way for any loss, damage or injury (including, but not limited to, death or economic loss) related to, or arising as a result of any defects, errors or omissions in any content or in the Site.

Access and Interference

You agree that you will not use any spiders, robots, other automatic devices, or manual processes to monitor or copy the Site or any content, or the use of the Site or any content by any party, or for any other unauthorized purpose without our express prior written permission. You agree that you will not use any device, software or routine to interfere or to attempt to interfere with the proper working of the Site; to destroy, manipulate, remove, destroy or impair any portion of the Site; or to disrupt our servers or network, nor will you do or cause to be done anything that imposes an unreasonable or disproportionately large load on our infrastructure.

Rights to Unsolicited Ideas

If you submit any unsolicited ideas, comments, suggestions or other feedback (“Feedback”) to us regarding the Site and/or our content, you agree that such Feedback (including all rights, title and interest therein) automatically become our property, and you forfeit all rights that you may have in such Feedback. For greater certainty, you agree that BeKaTec and its affiliated companies may use (or not use) and exploit any Feedback in any way at their discretion, without compensation or obligation to you or to any other party.

Our Intellectual Property

The Site, and any content, forms and other information and materials created or supplied by us, and the selection and arrangement thereof, are owned by us, and are protected by Canadian and international copyright, and other intellectual property laws and treaty provisions.

“BeKaTec” and other trademarks and design marks, trade dress, service names, logos and associated designs used in connection with the Site are trademarks and/or registered trademarks of BeKaTec GmbH and/or its affiliates.  Except as expressly permitted by law, the use, copying, imitation or modification of any trademarks without the express written consent of the owner of the trademark is strictly prohibited. You will not remove, alter or conceal any trademark or other proprietary rights notices incorporated into or accompanying the Site, any of our content or any other information or materials accessed through the Site.

Equipment

BeKaTec assumes no responsibility and shall not be liable for any damage to, or viruses that may infect your software, computer equipment (including mobile devices) or other property as a result of your access to, use, or browsing of the Site, or from using or downloading any information, data, text, forms or other content.

Indemnity
You agree to defend, indemnify and hold us, our affiliates, and each of our respective officers, partners, directors, employees and agents harmless, from and against any and all losses, costs and damages, including those arising in connection with any third party claims, resulting from or related to: (a) your breach of these Terms, including the Privacy Policy, or (b) your access to or use (or misuse) of the Site.

DISCLAIMER OF WARRANTIES

THE SITE IS PROVIDED TO YOU FOR INFORMATIONAL PURPOSES ONLY IN ACCORDANCE WITH THESE TERMS. YOUR USE OF THE SITE, INCLUDING ANY LINKS OR CONTENT, IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, OUR CONTENT, AND ANY OTHER INFORMATION AND MATERIALS THAT WE MAKE AVAILABLE TO YOU IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTY THAT (I) THE SITE OR ANY CONTENT WILL MEET YOUR EXPECTATIONS OR SATISFY YOUR REQUIREMENTS, (II) THE USE OF THE SITE OR ANY CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY CONTENT WILL BE COMPLETE, ACCURATE, RELIABLE OR USEFUL, OR (IV) ANY ERRORS IN THE SITE, CONTENT, OR OTHER MATERIALS WILL BE CORRECTED.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, THROUGH YOUR USE OF THE SITE WILL CREATE ANY WARRANTY OR OTHER LIABILITY NOT EXPRESSLY STATED IN THESE TERMS. ANY WARRANTIES REGARDING BEKATEC PRODUCTS AND SERVICES WILL BE AS OUTLINED IN THE RELEVANT AGREEMENT(S) BETWEEN YOU AND BEKATEC FOR THE PROCUREMENT OF SUCH PRODUCTS OR SERVICES.


LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT IF YOU ARE DISSATISFIED WITH THE SITE OR ITS CONTENTS, OR WITH ANY RESULTS OBTAINED THROUGH THE USE OF THE SITE, YOUR ONLY REMEDY IS TO DISCONTINUE USE OF THE SITE.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SITE, OUR SYSTEMS, ANY CONTENT, OR ANY INFORMATION OBTAINED THROUGH THE USE OF THE SITE; (II) ANY ERRORS OR OMISSIONS IN THE SITE OR ANY CONTENT; (III) THE SUSPENSION OR TERMINATION OF YOUR ABILITY TO ACCESS THE SITE; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE OR FAILURE OF OUR SYSTEMS; (V) UNAUTHORIZED ACCESS TO OR ALTERATION OF OUR SYSTEMS OR YOUR TRANSMISSIONS, CONTENT, DATA AND/OR PERSONAL OR FINANCIAL INFORMATION; (VI) ANY BUGS, VIRUSES OR THE LIKE THAT ARE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY; OR (VII) ANY OTHER MATTER OR EVENT RELATING TO OR RESULTING FROM YOUR OR ANY OTHER PARTY’S USE OF THE SITE.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages and, accordingly, some or all of the above limitations may not apply to you. In such jurisdictions, you agree that our liability shall be limited to the greatest extent permitted by applicable law.

Termination

You may discontinue your use of the Site at any time, for any reason or for no reason.

In addition to any other termination rights that we may have, we reserve the right to modify, suspend, discontinue or terminate the Site or any party’s ability to access or use the Site, our materials or other content, at any time and for any reason (or no reason), including any breach by you of these Terms.

Upon termination, you will have no further right to access or use the Site. Termination or other discontinuation of your use of the Site will not relieve you of any obligations arising prior to termination regarding the use and protection of intellectual property or confidential information, ownership, or indemnification, nor will it relieve you of any liability for any breach of these Terms.

 Governing Law/Jurisdictional Issues

These Terms will be interpreted, construed and governed by the laws in force in the Province of British Columbia, and the federal laws of Canada applicable therein, without reference to its conflicts of laws principles. Each party hereby agrees to submit to the exclusive jurisdiction of the courts of the Province of British Columbia sitting Victoria, and to waive any objections based upon venue; provided, however, that BeKaTec will have the right to obtain injunctive or other equitable relief in any court of competent jurisdiction in order to restrain or prevent loss or damage to its property, reputation, interests or assets. You agree that any claim or action brought by you in connection with these Terms or your use of the Site or its contents will be brought within twelve (12) months of the first occurrence of the loss or damage on which the claim is based.

International Users

The Site originates, and is owned by parties having operations in the Province of British Columbia. Any products and service offered through the Site are offered only in jurisdictions where they may be legally offered, and are offered only to persons to whom it is lawful to make a solicitation. You agree to comply with all applicable laws, rules and regulations governing your use of the Site, including laws regulating the import or export of data to or from Canada and your country of residence.

Miscellaneous

These Terms contain the entire agreement between you and us governing your use of the Site. The legal agreement created by your acceptance of these Terms is personal, and cannot be transferred or assigned by you. We may assign this agreement and/or any of our rights or obligations under these Terms at any time.

The Site must not be used by minors (defined as persons under the legal age of majority in the jurisdiction in which they reside), without the consent of a parent or legal guardian.

Our failure to exercise or enforce any right or remedy under these Terms will not constitute a waiver of such right or remedy.

No use of the Site or any content will create or be deemed to create any partnership, joint venture, agency, franchise or other business relationship, even if your use is for a commercial purpose which has been authorized by us. You and BeKaTec shall, at all times, be and remain independent contractors.

The provisions of these Terms are severable. If any individual term or condition is held to be invalid, unenforceable or contrary to applicable law, such provision will be construed, limited, altered or deleted, as necessary, to eliminate the invalidity, unenforceability or conflict with applicable law while endeavoring to preserve the intention of the provision, and all other terms and conditions will remain in full force and effect.

BeKaTec may communicate with you by email using the contact information that you have submitted, or by posting notices on the Site. You consent to receive communications from BeKaTec electronically, and agree that all notices, waivers, agreements, disclosures and other communications satisfy any legal requirements that such communications be in writing. You further agree that these Terms, and all correspondence and documentation relating to these Terms and your use of the Site, will be written in the English language. Vous acceptez que ces terms d’usage, ainsi que toute la correspondence et la documentation relative à ces termes d’usage, soient rédigées en langue anglaise.

If you wish to contact us with any questions, comments or concerns regarding these Terms or the Site, or to provide any notice pursuant to these Terms, please contact us at contact@bekatec.ca.