Introduction
Welcome to makbiz.ca. This website is owned and operated by MAKBIZ Ventures Inc. By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as ‘User Agreement’), along with the terms and conditions as stated in our Privacy Policy (please refer to the Privacy Policy section below for more information).
This agreement is in effect as of Jan 1, 2013.
We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
Responsible Use and Conduct
By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as ‘Resources’), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.
Wherein, you understand that:
a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
c. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
d. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
f. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
g. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
i. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
Iii. Contains any type of unauthorized or unsolicited advertising;
Iiii. Impersonates any person or entity, including any MAKBIZ Ventures Inc. employees or representatives.
We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
h. We do not assume any liability for any content posted by you or any other 3rd party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn’t violate or infringe on any 3rd party copyrights or trademarks, becomes the property of MAKBIZ Ventures Inc., and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources. All information provided as part of our registration process is covered by our privacy policy .
i. You agree to indemnify and hold harmless MAKBIZ Ventures Inc. and its owners and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.
Privacy
Your privacy is very important to us, which is why we’ve created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of this User Agreement. To read our privacy policy in its entirety, click here .
Limitation of Warranties
By using our website, you understand and agree that all Resources we provide are “as is” and “as available”. This means that we do not represent or warrant to you that:
i) the use of our Resources will meet your needs or requirements.
ii) the use of our Resources will be uninterrupted, timely, secure or free from errors.
iii) the information obtained by using our Resources will be accurate or reliable, and
iv) any defects in the operation or functionality of any Resources we provide will be repaired or corrected.
Furthermore, you understand and agree that:
v) any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
vi) no information or advice, whether expressed, implied, oral or written, obtained by you from MAKBIZ Ventures Inc. or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.
Limitation of Liability
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. MAKBIZ Ventures Inc. will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
Copyrights/Trademarks
All content and materials available on makbiz.ca, including but not limited to text, graphics, website name, code, images and logos which are not the intellectual property of their respective owners are the intellectual property of MAKBIZ Ventures Inc., and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by MAKBIZ Ventures Inc..
Termination of Use
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
Governing Law
This website is controlled by MAKBIZ Ventures Inc. from our offices located in the state of British Columbia, Canada. It can be accessed by most countries around the world. As each country has laws that may differ from those of British Columbia, by accessing our website, you agree that the statutes and laws of British Columbia, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.
Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in Canada, British Columbia You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
Guarantee
UNLESS OTHERWISE EXPRESSED, MAKBIZ Ventures Inc. EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Products
Availability
MAKBIZ Ventures Inc. does not guarantee that products and services advertised on our website will be available when ordered or thereafter.
Payment Terms
Payment is due by PayPal, VISA or MasterCard. Once an order is placed by credit card, the credit card account will be verified at the time the order is placed. Should a credit card be declined, so will be the order. No C.O.D. orders are accepted. Orders are processed ONLY upon receipt of payment.
Disclaimer of Warranty
When products are shipped to you, their limited warranties applicable to products are in effect and are included with the shipment. Certain products may have additional warranties provided by the original manufacturer but not by MAKBIZ Ventures Inc.. On our web site, “as is” products may not have warranties from MAKBIZ Ventures Inc. (other than those warranties implied by and incapable of exclusion, restriction or modification under applicable law), but may still hold warranties from the manufacturer.
Payment Shipping and Handling Charges and Taxes
The buyer is responsible for any taxes or tariffs associated with your purchase.
Prices
Prices shown on MAKBIZ Ventures Inc.’s website do not include shipping and handling. Neither do the prices include taxes unless otherwise noted. All prices are in Canadian Dollars. The price charged for an order will be the price in effect at the time the order is made. Nonetheless, if the price drops before shipment and you notify MAKBIZ Ventures Inc. of the lower price before the product is shipped, in which case (and in that case only) the price charged will be the lower price.
Downloadable Software
Downloadable software will be immediately available to you after payment has been received and can be downloaded from your account’s download section.
Shipping & Risks during Shipping
When products are shipped to you by common carrier, MAKBIZ Ventures Inc.’s liability to you for breakage and/or non-delivery of the products by the common carrier to you will be limited by the limits of liability provided by the common carrier’s terms and conditions of carriage. You may wish to purchase insurance from loss or breakage during carriage for full insurable value of the products you have ordered by making the appropriate requests when placing your order with MAKBIZ Ventures Inc..
Order Cancellations & Changes
For the benefit of our customers, we attempt to process orders as rapidly as possible. As such, orders may be sent to our warehouse for fulfillment very soon after they are placed.
Please review orders very carefully prior to submitting them and in the case a cancellation is necessary; please contact us as soon as possible to increase the likelihood that we are able to stop your order before it goes to the warehouse for fulfillment. Unfortunately, no guarantees can be made.
Errors, Misprints, and Omissions
Our goal is to provide current and accurate information on our website. However, errors, misprints, and omissions sometimes occur. These include but are not limited to incorrect or incomplete prices, descriptions, specifications, photographs or illustrations. MAKBIZ Ventures Inc. makes no warranty that the content of the website is accurate or complete.
Prior to shipment or delivery of any order, MAKBIZ Ventures Inc. may cancel, reject, correct, or terminate any order for products, services, or insurance for which the price was incorrectly displayed or where we otherwise displayed erroneous, incomplete, or inaccurate information. MAKBIZ Ventures Inc. cancel, reject, correct or terminate at any stage of the order processing, including after an order has been submitted and confirmed, and your credit card or debit card has been charged or an electronic funds transfer has been sent or received. In the event your order is cancelled by MAKBIZ Ventures Inc. after your credit card or debit card has already been charged, MAKBIZ Ventures Inc. will immediately issue a credit to your payment card account in the amount of the charge. Individual bank or credit union policies will determine when this amount is credited to your account.
MAKBIZ Ventures Inc. is not obligated to complete any sell of products, services, or insurance based on errors, misprints, or omissions on our website.
MAKBIZ Ventures Inc. may at any time, with no prior notice or liability to any website user (a) correct any error, inaccuracy, or omission; (b) change the products and services available on the website, or the prices, fees, description, and specifications of such products, services, and insurance; (c) limit quantities, promotional or otherwise, available for sale.
Limited Warranty
MAKBIZ Ventures Inc.’s liability shall be limited to repairing or replacing, at its option, any defective product which is returned, freight prepaid to MAKBIZ Ventures Inc., according to the Merchandise Return Procedure set forth in Section Merchandise Return Procedure below. Buyer shall bear all responsibility for shipping charges and risk of loss or damage during transit to MAKBIZ Ventures Inc.. Products which have been subjected to abuse, misuse, alteration, neglect or unauthorized repair or installation, as determined solely by MAKBIZ Ventures Inc., are not covered by this warranty.
Any alterations, addition, improvements or attachments to the product(s) not authorized in writing by the MAKBIZ Ventures Inc. shall be deemed to be a waiver of this warranty by Buyer and shall render this warranty null and void. MAKBIZ Ventures Inc. shall return repaired or replaced product(s) to Buyer, at its expense via regular ground service within Canada. Shipping charges by all other methods and to all other destinations shall be borne by Buyer.
THIS WARRANTY IS IN LIEU OF ANY OTHER WARRANTY, EXPRESS OR IMPLIED. MAKBIZ Ventures Inc. MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR OG MERCHANTABILITY. IN NO EVENT SHALL MAKBIZ Ventures Inc. BE LIABLE FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES SUCH AS LOSS OF PROFITS OR BUSINESS OPPORTUNITIES, AND IN NO EVENT SHALL MAKBIZ Ventures Inc.’S LIABILITY EXCEED THE PURCHASE PRICE OF THE PRODUCT(S).
Merchandise Return Procedure
A.
To obtain a “Return Merchandise Authorization”(RMA) Number, Buyer must:
1. Call MAKBIZ Ventures Inc.’s Customer Service Representative.
2. Provide the invoice number, date of purchase, and reason for return.
RMA numbers are valid for 30 days from date of issuance.
B.
Packing and Shipping
1. Attaching a copy of the original invoice and test report of each item to be returned, if possible.
2. Pack items in original shipping containers with all accessories, including manuals, cables, diskettes, etc.
3. Mark the RMA number clearly on the outside of each container.
4. Ship to MAKBIZ Ventures Inc., freight prepaid and insured.
C.
Replacement or repair will be made when merchandise is received by MAKBIZ Ventures Inc.. No advance replacement is available.
D.
Buyer shall pay the following miscellaneous charges:
Items returned which were not originally purchased from MAKBIZ Ventures Inc.: $30 plus return freight.
Return Policy
Subject to a restocking fee, MAKBIZ Ventures Inc. will allow the return of certain products for credit for any reason under certain terms and conditions. The following procedures must be followed if you want to obtain a credit for a return item:
First, you must obtain a return authorization number.
Second, the return item must be accompanied by a return authorization number and received at the MAKBIZ Ventures Inc. warehouse within twenty-four (24) days of MAKBIZ Ventures Inc.’s shipment of the item to you.
You must pay the shipping for returned items. A restocking fee of 15% or $10.00 (whichever is greater) will be subtracted from credit for returned items.
Some items, if opened, will not be covered by this return policy.
Items not covered include opened or downloadable software from any manufacturer and opened products of certain manufacturers subject to the manufacturer’s return and warranty coverage.
Technical Support
MAKBIZ Ventures Inc. provides technical support for most of its products. Some products may have to use the technical support provided by the manufacturer.
Limitation of Liability
The maximum liability to you for products purchased from MAKBIZ Ventures Inc. shall be limited to the purchase price you have paid for the products. Also, MAKBIZ Ventures Inc. will not be liable for any property damage, personal injury, loss of use, interruption of business, loss of profits, or other consequential, indirect, incidental, punitive or special damages. This applies to all situations however caused, whether for breach of warranty, contract, tort (including negligence), strict liability or otherwise, other than those damages that are incapable of limitation, exclusion or restriction under applicable law.
THIS RETURN POLICY IS NOT A WARRANTY. MAKBIZ Ventures Inc. reserves the right to change or to cancel it at any time before accepting your order. For all refunds, you need to precisely follow the previous return procedures to ensure the return of your refund. You need to also allow a reasonable period of time for the product to arrive at our warehouse and pass an inspection process. When your return is accepted, we will process your credit as soon as possible.
Title
Title to hardware products and to the media in which software products are embodied passes to you upon shipment by MAKBIZ Ventures Inc.. Title to software remains with the licensor of the software.
Interpretation
These terms and conditions shall be interpreted under and governed by the laws of Canada, without giving effect to conflicts of law rules. Headings used in these Terms and Conditions are for convenience of reference only and are not intended to be part of, or to affect the meaning or interpretation of, these Terms and Conditions.
Arbitration
All dispute, controversy, or claim against MAKBIZ Ventures Inc. arising out of or relating to these Terms and Conditions, their interpretation, or the breach, termination or validity thereof, or any related purchase shall be resolved exclusively and finally by arbitration administered by the Better Business Bureau.(BBB)
The arbitration will be conducted before a single arbitrator, and will be limited solely to the dispute or controversy between you and MAKBIZ Ventures Inc.. The arbitration shall be held in any mutually agreed upon location in person, by telephone, or online. Any decision rendered in such arbitration proceedings will be final and binding on each of the parties, and judgment may be entered thereon in a court of competent jurisdiction.
The arbitrator shall not award either party special, exemplary, consequential, punitive, incidental or indirect damages, or attorney’s fees and each party irrevocably waives any such right to recover such damages. The parties will share the costs of the arbitration, (including the arbitrator’s fees, if any) in the proportion that the final award bears to the amount of the initial claim.
No Modification
Any additional or altered terms attached or adhering to an order shall be null and void and without effect, unless agreed to in writing by MAKBIZ Ventures Inc.. These terms and conditions may not be modified, altered or amended without the written agreement of MAKBIZ Ventures Inc..
Severability
If any provision of these terms and conditions is held to be illegal, invalid or un-enforceable, in whole or in part, the legality, validity and enforceability of the remaining provisions shall not be affected or impaired. The terms and conditions stated herein are declared to be Severable.
General
You may not assign this agreement without MAKBIZ Ventures Inc.’s prior written consent. MAKBIZ Ventures Inc. is the intended beneficiaries of this agreement. If there is any inconsistency between this agreement and other agreement included with or relating to products purchased from MAKBIZ Ventures Inc., this agreement shall take precedence.
Linking and Framing the Web Site
Links to the Web Site without the express permission of MAKBIZ Ventures Inc. are strictly prohibited. MAKBIZ Ventures Inc. reserves the right to cancel and revoke any permission it may give to link to the Web Site at any time, for any reason, without any notice, and without any liability to you or any other person. The framing of the Web Site or any of its content in any form and by any method is strictly prohibited.
Privacy
We value your privacy, however, cross-border shipments are subject to opening and inspection by customs authorities.
Contact Information
If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:
MAKBIZ Ventures Inc.
101-1974 Moss Court
Kelowna, BC V1Y 6E9
Canada
info@makbiz.ca
+1-250-860-0572