A. Requirement to provide accurate information
B. Other Agreements with Beautifi will apply
All Services are subject to the terms and conditions of the applicable agreements in force at the time of the provision of the Service, such as the Finance Agreement or other agreement you may have with Beautifi. In the event that these Terms are inconsistent with the terms of any agreement that you or your organization may have with Beautifi, the terms of the other agreement will govern to the extent of the inconsistency.
C. No reliance or acceptance
The information and content on the Site, including financing and pricing information, is believed to be reliable when posted, but there is no guarantee that it is accurate, complete or current at all times. The Site may have technical inaccuracies or typographical errors, and Beautifi has no obligation to you in respect of them. The Site may be changed, and information withdrawn at any time without notice.
If you make a request or application to Beautifi through the Site, it is always subject to acceptance or agreement, and may be declined by Beautifi.
D. Local offerings
The Services and information on the Site are intended for local use in Canada.
Nothing on this Site should be construed as an offer or solicitation to anyone in any jurisdiction in which an offer or solicitation is not authorized or cannot legally be made, or to any person to whom it is unlawful to make an offer or solicitation. If you choose to access the Site, you do so on your own initiative and are responsible for compliance with applicable local, national or international laws.
E. No Warranties
The Site and information on it is provided on an “as is, where is” basis and we do not make any express or implied warranties, representations, or endorsements with respect to the Site or Services, including without limitation, warranties as to merchantability, operation, non-infringement, usefulness, completeness, accuracy, currency, reliability and fitness for a particular purpose.
Beautifi does not represent or warrant that the Site will be available at all times or meet your requirements. Access to the Site cannot be guaranteed. Beautifi does not represent or warrant that access to the Site will be uninterrupted, there will be no delays, difficulties in use, defects, failures, errors, omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted when accessing the Site through the internet, or that no damage will occur to your computer system. You are responsible for taking your own precautions when accessing or using the Site.
Communication over the internet is not secure or confidential. You should not send any confidential, proprietary or sensitive information about you or others via these mediums. It is subject to possible interception, alteration and loss. Thus, you agree that use of these mediums are at your risk and that we are not responsible for and will not be liable to you or any one else for any damages in connection with information you send via the internet, including through a webform, email, text message, comment, post or any other electronic message sent by you, or to you by us.
You agree and confirm that any information or records that you provide to us in relation to or through the Site may be used for reasonable purposes related to the provision of that information or record, and in accordance with these Terms, as well as any consents contained in other documents and agreements you may make with Beautifi, such as a Finance Agreement. By providing such information and materials, you declare and warrant that you have all necessary rights to submit such information and materials and that the information and materials do not infringe the rights of third parties.
G. Personal use only
By permitting you access or use of the Site, we do not confer any licence of any intellectual property rights, whether by estoppel, implication or otherwise. The information on the Site is for your personal use only. You may not be copy, display, distribute, download, license, modify, publish, repost, reproduce, reuse, sell, broadcast or transmit the Site or any information on the Site, in whole or in part, without our express written permission.
We do not endorse or approve any third party, or their products, advice or services, by virtue of the information being on or linked on or to our Site.
H. Limitation of Liability and Indemnity
YOU AGREE THAT BEAUTIFI, ITS AFFILIATES AND SUBSIDIARIES AND ANY OF THEIR RESPECTIVE OFFICES, DIRECTORS, EMPLOYEES, CONTRACTORS OR AGENTS WILL NOT BE LIABLE, WHETHER UNDER STATUTE OR IN CONTACT, TORT, STRICT LIABILITY, EQUITY OR UNDER ANY OTHER LEGAL THEORY, FOR ANY PERSONAL PROPERTY DAMAGE, BREACH OF PRIVACY, LOSS, ACCIDENT OR DEATH OR ANY DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR SPECIAL LOSS OR DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST INCOME, BUSINESS INTERRUPTION, THE REPLACEMENT COST OF PERSONAL PROPERTY, THE COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY, REPUTATIONAL LOSS OR DATA CORRUPTION OR DATA LOSS) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE, SERVICES, CONTENT OR A LINKED SITE, OR FOR ANY DELAY OR INABILITY TO USE THE SITE, SERVICES, CONTENT OR A LINKED SITE, HOWSOEVER ARISING INCLUDING NEGLIGENCE, EVEN IF BEAUTIFI IS MADE AWARE OF THE POSSIBILITY OF SUCH INJURY, LOSS, ACCIDENT, DEATH OR DAMAGES.
THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO THE TRANSMISSION OF ANY VIRUSES, MALWARE OR MALICIOUS SOFTWARE WHICH MAY INFECT A USER’S EQUIPMENT OR DEVICES, FAILURE OF THE SITE AND/OR SERVICES TO BE COMPATIBLE WITH YOUR HARDWARE OR SYSTEM, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION OR INTERCONNECT LINES OR FIBER, OR OTHER CONNECTIVITY PROBLEMS, UNAUTHORIZED ACCESS OR UNAUTHORIZED DISCLOSURE OF PERSONAL INFORMATION OR DATA, THEFT, LOSS OF DATA, OPERATOR ERRORS, STRIKES OR OTHER LABOUR PROBLEMS OR ANY FORCE MAJEURE EVENT. BEAUTIFI CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, ERROR FREE OR SECURE ACCESS TO THE SITE OR SERVICES.
YOU AGREE TO INDEMNIFY AND SAVE BEAUTIFI, ITS AFFILIATES AND SUBSIDIARIES AND ANY OF THEIR RESPECTIVE OFFICES, DIRECTORS, EMPLOYEES, CONTRACTORS OR AGENTS, HARMLESS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES, LIABILITIES, CLAIMS AND ORDERS ARISING OUT OF YOUR USE OF THE SITE OR THE MATTERS ADDRESSED IN THESE TERMS.
I. Jurisdiction and Governing Law
These Terms will be construed according to the laws of the Province of British Columbia and the laws of Canada applicable therein, without giving effect to any principles of conflicts of laws, and notwithstanding your domicile, residence or physical location.
You agree that all disputes, claims, or controversies arising out of or in connection with the Site, Services or these Terms, or the breach, termination, enforcement, interpretation or the validity thereof, shall be submitted to and be subject to the exclusive jurisdiction of the courts of the Province of British Columbia. You submit and attorn to the exclusive jurisdiction of the courts of the Province of British Columbia to finally adjudicate or determine any suit, action or proceeding arising out of or in connection with the
Any term, condition or provision of these Terms which is deemed to be void, prohibited or unenforceable shall be severed herefrom and be ineffective to the extent of such invalidity, prohibition or unenforceability, without in any way invalidating the balance of these Terms.
J. Updates to these Terms
Last updated: October 29th, 2021