/*! elementor – v3.20.0 – 11-03-2024 */
.elementor-heading-title{padding:0;margin:0;line-height:1}.elementor-widget-heading .elementor-heading-title[class*=elementor-size-]>a{color:inherit;font-size:inherit;line-height:inherit}.elementor-widget-heading .elementor-heading-title.elementor-size-small{font-size:15px}.elementor-widget-heading .elementor-heading-title.elementor-size-medium{font-size:19px}.elementor-widget-heading .elementor-heading-title.elementor-size-large{font-size:29px}.elementor-widget-heading .elementor-heading-title.elementor-size-xl{font-size:39px}.elementor-widget-heading .elementor-heading-title.elementor-size-xxl{font-size:59px}
Terms of Service
Last Updated: March 6, 2024
These terms of use and service (the “Terms”) apply to your access and use of the Internet access services and associated materials, content or other services (the “Services”) provided by Babbl Communications Ltd. and its corporate affiliates (“Babbl”, “we”, “us”, “our”). These Terms, together with all other terms and conditions that govern your Services, including the Babbl Acceptable Use Policy and any Babbl documents describing services, plans, features or products, form the binding agreement between you and Babbl (the “Agreement”). By accessing and using the Services, you accept and agree to be bound by the Agreement, and all applicable laws and regulations.
PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, VARIOUS LIMITATIONS, EXCLUSIONS, AND INDEMNITIES.
Your use of the Services is subject to these Terms. If you are not willing to be bound by each and every term and condition, or if any representation made by you herein is not true, you may not use, and must immediately cease accessing the Services and notify Babbl that you are terminating the Services.
Updates to Terms
We reserve the right to amend these Terms at any time without notice to you, but we will use reasonable efforts to publish each amendment before it becomes effective. We will publish the latest, fully-amended version of these Terms on our website (the “Site”). You are responsible for regularly reviewing the Site to obtain timely notice of such amendments. If any amendment is unacceptable to you, you may terminate your Services subject to the terms of the Agreement. If you continue to use the Services after the effective date of each amendment, you will be conclusively deemed to have accepted such amended version of these Terms.
Privacy Policy
You acknowledge that you have read the Privacy Policy https://heybabbl.ca/privacy-policy/ as it may be updated from time to time (the “Privacy Policy”), and hereby consent to the collection, use, and disclosure by us and our agents of your personal information (whether previously collected or to be collected) for the purposes identified therein. You also consent to our use of such personal information in accordance with applicable terms and conditions contained in these Terms and such Privacy Policy, https://heybabbl.ca/privacy-policy/ which is incorporated herein by reference and forms an integral part hereof.
Your Account
Your use of the Services will require an account identifying you as a user (an “Account”). When you create an Account, you will be asked to provide certain information, which will be subject to our Privacy Policy.
In connection with your Account, you are solely responsible for (i) your Account and the maintenance, confidentiality, and security of your Account and all passwords related to your Account; and (ii) any and all activities that occur under your Account, including all activities of any persons who gain access to your account, with or without your permission.
You must not register for an Account on behalf of any individual other than yourself or register for an account on behalf of any group or non-individual entity unless you are duly authorized to do so by such group or entity. You represent and warrant that you have reached the age of majority in the province or territory in which you reside and that you possess the right and ability to enter into the Agreement for the Services.
You agree to immediately notify us of (i) any unauthorized use of your Account, any service provided through your Account or any password related to your Account, or (ii) any other breach of security with respect to your Account or any service provided through it, and (iii) you agree to provide assistance to us, as requested, to stop or remedy any breach of security related to your Account.
You agree to provide true, current, accurate, and complete customer information as requested by us or our agents from time to time and you agree to promptly notify us of any changes to this information as required to keep such information held by us current, complete, and accurate.
You agree we may update your information with information available to us. All such personal information is subject to the Privacy Policy (https://heybabbl.ca/privacy-policy/).
We may assign to you, or you may create, a password and account identification to enable you to access and use certain portions of the Services. Each time you use a password or identification, you will be deemed to be authorized to access and use the Services in a manner consistent with these Terms and we have no obligation to investigate the authorization or source of any such access or use of the Services.
Billing and Payment
The Services are subject to payment of all applicable service rates and any additional charges identified to you in accordance with the Agreement (“Service Fees”).
Babbl will provide you with a monthly electronic bill, setting forth Service Fees. Alternatively, your monthly Service Fee statement will be sent in paper form if electronic billing is not available. If an electronic bill is made available, it is your responsibility to create, manage, and check your Account every month for your owing Service Fees. If your bill is lost or if you do not receive a bill, you are still responsible for making the required payments. All bills are due upon receipt. You acknowledge that bills made available in electronic form are deemed received when they are posted. Any questions or discrepancies regarding Service Fees must be reported to us within 30 days of the invoice statement, and failure to provide notice within this period will constitute your acceptance of the billed Service Fees.
Payment of Service Fees will require a credit card or an alternative pre-authorized payment method. You hereby authorize Babbl to charge that credit card or debit the relevant financial institution account, every time we invoice you a bill for up to the full amount of such bill. It is solely your responsibility to ensure that all credit card or equivalent information provided by you remains current and valid to allow Babbl to continue charging the Service Fees on a recurring basis. If your payment of the Service Fees are in arrears for 30 days or more, we may suspend or terminate your Services and Account without any further notice to you.
You acknowledge that administrative charges may be levied for account processing activities in connection with your Account as a result of returned or rejected payments due to non-sufficient funds or other reasons. Administrative charges may also be levied to your Account upon your request for restoral of any Services that have been suspended or terminated for any reason. You agree that Babbl may charge any such administrative costs to your credit card or other payment method pre-authorized by you for payment of the Service Fees.
You authorize Babbl to obtain information about your credit history from credit reporting agencies and others creditors from time to time.
Updates and Changes to the Services
We may, from time to time, in our sole discretion and without notice, develop and provide Service updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. Subject to the terms of the Agreement, you agree that we have no obligation to provide any Updates or to continue to provide or enable any features or functionality. If required, you shall promptly download and install all Updates and acknowledge and agree that the Services or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Services, as appropriate, and be subject to all terms and conditions of the Terms.
You agree that, to maintain and improve the Services, Babbl may also change its security standards, minimum requirements, or other aspects of the delivery for its Services, without notice, at Babbl’s sole discretion.
Babbl Equipment
Except for equipment for which you have fully paid, you hereby agree not to sell, transfer, lease, encumber, or assign any interest in all or any part of any Babbl owned equipment or hardware that has been provided for your access to the Services or to be used in conjunction with your use of the Services (the “Equipment”). You agree that for any Equipment received, you (i) will take reasonable care of such equipment; (ii) will not relocate the Equipment without our prior knowledge and consent; and (iii) will return such Equipment to us, at our direction, upon termination of the Services to which the Equipment related. If any Equipment is lost, not returned, or you breach any of these Terms related to the Equipment, you agree that you will pay Babbl the retail costs to replace such Equipment.
Any Equipment provided to you shall be deemed to have been delivered in good working condition unless you provide notice to the contrary within five business days of receiving such Equipment. While in your possession, the Equipment may be charged to you as part of your Service Fees. We may require a security deposit for the Equipment prior to providing you with the Equipment.
Service Limitations
The Services are offered through a variety of plans and access speeds and there are certain limitations to all the offered Services. All Services are subject to the availability of suitable networks, facilities, and equipment. You acknowledge and agree that, to ensure fair network access to all our users, we may monitor and manage network resources by methods which include, but are not limited to, allocation or capping of bandwidth and restricting network access to specific transmission protocols
The speed of the Services is subject to a number of technical factors, some of which are outside the control of Babbl. Accordingly, we do not guarantee the maximum level of performance for the Services.
It is your responsibility to ensure your equipment, devices, and software meet any current minimum requirement specified by Babbl to ensure access to the Services. You acknowledge that these requirements may change from time to time at our discretion. Babbl does not guarantee that the Services will operate with all equipment or applications.
Export Regulations
The Services and Equipment may be subject to local and international export and re-export control laws and sanctions regulations. You shall not, directly or indirectly, export, re-export, make available, or release the Services or the Equipment to a jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Services or Equipment available outside of Canada.
Proprietary Rights
In these Terms, “Content” means all materials and content, including designs, editorial, text, graphics, audiovisual materials, multimedia elements, photographs, videos, music, sound recordings, reports, documents, software, information, formulae, patterns, data and any other work with respect to the Services and any and all integrations with our web portal and that site’s entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, and the design, selection, and arrangement thereof).
Our Content – Except where expressly stated otherwise, all right, title, and interest in, to, and associated with the Services and all other Content, source code, processes, designs, technologies, URLs, domain names, marks and logos (collectively, “Our Content”) is fully vested in us, our licensors or our suppliers and is protected by Canadian and international copyrights, trademarks, patents, trade secrets, and other intellectual property or other proprietary rights and laws. You agree that Our Content is licensed subject to these Terms, including the disclaimers and limitations of liability herein. Nothing in these Terms or your use of the Services grants you any right, title or interest in, to or associated with Our Content except the limited right to use Our Content as set out herein. You may not modify, copy, record, publish, transmit, distribute, participate in the transfer or sale, create derivative works, or in any way exploit any of Our Content, in whole or in part without our written consent.
Third Party Content – Content accessed or available through the Services or the internet may be owned by parties other than you or us (collectively, “Third Party Content”) and may be protected by applicable copyrights, trademarks, patents, trade secrets or other proprietary rights and laws. Nothing in your use of Our Content or these Terms grants you any right, title or interest in or to this Third Party Content, except for the limited right to use the Services as set out herein.
Your Content – We do not claim ownership of any Content that you post, upload, input, provide, submit, or otherwise transfer to us or any third party through use of the Services (collectively, “Your Content”). However, you agree that by posting, uploading, inputting, providing, submitting or otherwise transmitting Your Content to us or any third party, using the Services,:
(i) you will be deemed to have granted us a royalty-free, non-exclusive, worldwide, fully paid-up, irrevocable license to use, copy, distribute, transmit, display, edit, delete, publish, and translate Your Content to the extent reasonably required to provide the Services as they may exist from time to time, in any medium whatsoever, or to ensure adherence to, or enforce, these Terms;
(ii) you will be deemed to have confirmed, represented, and warranted to us that you have all right, title, and interest, as well as the power and authority necessary, to grant such license to Your Content to us as set out above; and
(iii) you will indemnify and save us and our parent, subsidiary and affiliated companies harmless from and against any liabilities, actions, proceedings, claims, causes of action, demands, debts, losses, damages, charges and costs, including reasonable legal costs, any amount paid to settle any action or to satisfy a judgment, and expenses of any kind and character whatsoever incurred by us relating to or arising from Your Content, including instances where Your Content (A) infringes any Third Party Content or other third-party intellectual property rights, or (B) is inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful.
Responsibility for Content – You acknowledge and agree that you are exclusively responsible for determining the accuracy, suitability, harmfulness or legality of any content, information or material received, transmitted or sent by you using the Services.
Public Transmission and Caching – You acknowledge and agree that the technical processing and transmission of the Services, including Your Content and other Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices, and that such Content may be subject to “caching” or other technical processing or transmission policies and procedures by us or at intermediate locations on the Internet.
Compliance and Complaints – We do not have any obligation to censor or review any of Your Content, to censor or review any Third-Party Content or to monitor use of the Services. However, you agree that we may, without notice or liability, disclose to third parties any of your information or Your Content, monitor use of the Services, and monitor, review, and retain any Content, including Your Content, if we believe in good faith that such activity is reasonably necessary to ensure adherence to or enforce these Terms, comply with any laws or regulations, respond to any allegation of illegal conduct or claimed violation of third party rights, or protect us or others. If we receive a complaint relating to use of the Services by you, you acknowledge and agree that we may, in our sole and absolute discretion and without notice or liability, investigate the complaint, and restrict, suspend or terminate your access to the Services, including your Account, and remove Your Content from our servers.
Advertising – We shall have the right, without notice, to insert advertising data into the Services, so long as this does not involve our transmission of any of your personal information in contravention of the Privacy Policy. If you elect to have any business dealings with any party whose products or services may be advertised on the Services, you acknowledge and agree that such dealings are solely between you and such advertiser and we will not be a party to, or have any responsibility or liability related thereto. You acknowledge and agree that no such advertising may be construed as an endorsement by us of any such products or services advertised.
Feedback – All right, title, and interest in and to comments, ideas, suggestions, and impressions of the Services, and other products given by you to us (collectively, the “Feedback”) is and shall be deemed to be our property and, by submitting Feedback to us, you agree that you thereby assign to us all right, title, and interest to such Feedback to us.
Moral Rights – You acknowledge and agree that you hereby waive any and all moral rights you might have in the Feedback and that if you submit any Feedback from any third parties, you will have secured any and all moral rights waivers from such third parties, in favour of us.
Proprietary Notices
Copyright Notice – The Services and all Our Content is owned and copyrighted by Babbl and/or its licensors, and is licensed to you in accordance with these Terms only.
Trademark Notice – The trademarks, logos, and service marks displayed on or through the Services are the property (whether registered or unregistered) of Babbl, its licensors or other third parties. You are not permitted to use trademarks, logos, and service marks for any purpose without our prior, written consent. Except as expressly indicated on the website or Agreement, no endorsement, sponsorship, affiliation or other authorization is implied by any use of third party trademarks.
Infringer and Repeat Infringer Policy – We have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users who are deemed to be repeat infringers of intellectual property. We may also, at our sole discretion, limit access to the Services, or terminate the Account of any user who infringes any intellectual property rights of ours or others, whether or not there is any repeat infringement.
Acceptable Use and Prohibitions
In addition to any other terms or conditions regarding your use of the Services in these Terms, we may require you to agree to specific terms for particular services, products or areas of the Services from time to time by confirming your agreement. Any such additional terms which you agree to will be deemed incorporated into these Terms and the Agreement. Without limiting the generality of the foregoing, you must ensure that you do not violate Babbl’s Acceptable Use Policy, as it may be updated from time to time.
Proper Conduct (Things You Must Do) – Without limiting the generality of anything else contained in these Terms, you must ensure that:
(i) you only use the Services for lawful purposes; and
(ii) if at any time you become aware of any violation, by any person or entity under your control, of any part of these Terms, you will immediately notify us and provide us with assistance, as requested, to stop or remedy such violation.
Prohibited Conduct (Things You Must Not Do) – Without limiting the generality of anything else contained in these Terms, you agree that you will not, in connection with the Services, directly or indirectly do or permit any of the following:
(i) post, upload, reproduce, distribute or otherwise transmit any Content that:
(A) is unauthorized or unsolicited commercial communications, junk or bulk communications or other “spam” (whether or not using email services, including instant messaging, blog or comment spam) or is otherwise duplicative or unsolicited,
(B) contains a virus, cancelbot, Trojan horse, worm or other harmful, disruptive or surreptitious component,
(C) is defamatory, infringing, or unlawful,
(D) is inappropriate, profane, obscene, or indecent or information without suitable or lawfully-required access controls (which controls shall in no event be our responsibility),
(E) gives rise to civil liability, or otherwise violates the rights or assists others to violate the rights of ours or any third party, such violations including engaging in copyright infringement, invasion of privacy, and trademark infringement or defamation,
(F) constitutes a criminal offence, or otherwise engages in or assists others to engage in any criminal offence, including pyramid selling, unauthorized use of a computer, mischief in relation to data, fraud, obscenity, and child pornography; or
(G) incites discrimination, hate or violence towards one person or a group because of their belonging to a race, religion, nationality, sexuality, gender or other human rights-protected group of persons;
(ii) engage in threats, harassment, intimidation, stalking or abuse or any conduct that violates the legal rights of others, including the rights of minors and rights relating to privacy and publicity;
(iii) scan or probe another computer system, obstruct or bypass computer identification procedures or engage in unauthorized computer or network trespass without the express permission of the owners of such computer systems;
(iv) forge headers or otherwise manipulate any protocols or identifiers used in any system or protocol in such a manner to disguise the origin of any data transmitted using the Services;
(v) impersonate or falsely represent your association with any person, including a representative of ours;
(vi) disrupt or threaten the integrity, operation or security of any service, computer or any Internet system;
(vii) remove, disable or circumvent any access control, copy protection, rights management, security feature or related process or procedure established with respect to the Services;
(viii) rent, lease, sell, lend, assign, publish, transfer, sublicense, share, resell, reproduce, copy, distribute, redistribute, or exploit for any purposes (except for your internal, personal, non-commercial purposes), any portion of, use of or access to, all of or any feature or part of the Services, except where expressly authorized by us;
(ix) modify, translate, adapt or otherwise create derivate works or improvements, whether or not patentable, of the Services;
(x) harvest, scrape, extract, gather, collect, or store personal information about others without their express consent; or
(xi) harvest, scrape, or use any robot, spider, crawler, script or other automated means or interface not provided by us to access the Services or to extract data, collect information or otherwise interact with the Services.
Term and Termination
Your Services will commence on the date you order the Services (the “Order Date”) and will continue on a month-to-month basis from the Order Date until you notify Babbl you wish to cancel the service.
You may terminate your Agreement at any time by notifying Babbl of the effective date for any such termination. Subject to the terms of your Agreement, the termination of your Services, for any reason, may be subject to cancellation charges.
Unless otherwise permitted by applicable law, we may terminate your use of the Services, including your Account, upon at least 60 days’ advance notice to you at your provided billing address. Notwithstanding the foregoing, if you contravene any provision in these Terms or the Agreement, we may, in our sole discretion, suspend, restrict or terminate your use of the Services, including your Account, at any time by notifying you in accordance to the Agreement. Any termination or suspension of your Services shall not relieve you from amounts owing or other liabilities accrued under your Agreement.
You acknowledge and agree that termination, curtailment, or suspension of these Terms for any reason may result in restrictions of, disruptions to or cessation of your or third party access to the Services and your Account, and you hereby agree to release us from any and all liability and claims of loss resulting from restrictions, disruptions or cessations.
Service Outage
If you experience a Service outage, you may receive credit dependent on the length of the outage (“Service Outage Credit”). Any Service Outage Credit is subject to Babbl’s sole discretion. No Service Outage Credit will be provided for outages arising from (i) your computer failure or account suspension; (ii) causes beyond the control of Babbl; (iii) service failures of incumbent internet service providers from which Babbl receives access to networks.
Disclaimers, Limits of Liability, and Indemnities
Limitations – We cannot guarantee any minimum level regarding performance, speed, reliability, availability, use or consistency of the Services, and data, messages, information or materials sent over the Services may not be completely private, and your anonymity is not guaranteed.
Customer Acknowledgement – You acknowledge and agree that (i) all use of the Services provided by us is at your own risk, and (ii) the Content that you may access while using the Services is not endorsed, investigated or verified by us in any manner.
Disclaimer of Warranties – ALL PRODUCTS AND SERVICES PROVIDED UNDER THESE TERMS, INCLUDING WITHOUT LIMITATION THE SERVICES AND THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS, AND WE EXPRESSLY DISCLAIM AND MAKE NO CONDITIONS, WARRANTIES OR REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, USABILITY, SECURITY, QUALITY, CAPACITY, PERFORMANCE, AVAILABILITY, TIMELINESS OR ACCURACY OF THE SERVICES OR IN ANY WAY RELATED TO THESE TERMS AND YOUR USE OF THE SERVICES. WE FURTHER EXPRESSLY DISCLAIM ALL CONDITIONS, WARRANTIES, AND REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, USABILITY, TITLE AND NON-INFRINGEMENT, WHETHER ARISING BY USAGE OF TRADE, BY COURSE OF DEALING, BY COURSE OF PERFORMANCE, AT LAW, IN EQUITY, BY STATUTE OR OTHERWISE HOWSOEVER. YOU ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL RISK OF USE OF THE SERVICES IS ENTIRELY YOUR RESPONSIBILITY.
No Liability – Notwithstanding any other provision of these Terms, in no event will Babbl, our subsidiaries, our affiliates, or our controlling parties, directors, officers, agents employees, suppliers, licensors, resellers or distributors be liable for any direct, indirect, special, incidental, consequential or punitive damages, or any other damages or losses whatsoever, including damages for loss of profits, goodwill, opportunity, earnings, use or data, arising directly or indirectly from or related to these Terms or the Services or Site, or any Content or software in connection therewith, regardless of the cause of action and even if one or more of us have been advised of the possibility of such damages or losses, or if such damages or losses would be reasonably foreseeable, including damages or losses arising from or in any way related to the following:
(i) sending, receiving, not sending, not receiving, loss, deletion or alteration of any transmissions, data or transactions entered into through or using the Services;
(ii) any suspension, curtailment, restriction, termination or other limitation placed on your use of the Services, or your Account;
(iii) any act or omission of you or any third party, including any threatening, defamatory, obscene, offensive or illegal conduct or any infringement of another’s rights, including intellectual property rights;
(iv) any loss or damage to Your Content or other data arising directly or indirectly from your use or non-use of the Services or related components;
(v) any loss or damage of Equipment, identifiers, passwords, codes, credits or rebates;
(vi) the performance of the Services including the denial, restriction, blocking, disruption or inaccessibility of any Services;
(vii) the content or accuracy of any material, information or data (including any software) related to these Terms or viewed, downloaded, accessed or transmitted using, over or through the Services, including material that infringes the rights of others or otherwise violates laws or regulations; and
(viii) delays, errors, interruptions, mistakes, omissions, non-delivery, incorrect delivery, viruses, Trojan horses, spyware, spam or defects in the transmission of any information, material or data over or through our systems or networks or the systems or networks of third parties.
To the extent that a province or jurisdiction does not permit the exclusion or limitation of liability as set forth in this paragraph, our liability is limited to the maximum extent permitted by the laws in such province, state or jurisdiction.
Cap on Liability – Under no circumstances will Babbl, our subsidiaries, our affiliates, or our controlling parties, directors, officers, agents employees, suppliers, licensors, resellers or distributors be liable to you for damages arising out of the Services, your use of the Site, or these Terms generally in any amount exceeding $1000.
Applicability – Some jurisdictions prohibit the disclaimer of certain warranties or conditions or the limitation of certain types of liability. In such circumstances, to the extent that such prohibitions prohibit any exclusions and limitations in these Terms, such exclusions and limitations will not apply to you strictly to the extent necessary to make these Terms consistent with such prohibitions.
Indemnity By You – You agree to indemnify and hold us harmless from all liabilities, actions, proceedings, claims, causes of action, demands, debts, losses, damages, charges and costs, including reasonable legal costs, any amount paid to settle any such action or to satisfy a judgment, and expenses of any kind and character whatsoever incurred by us relating to or arising from (i) access to or use, by you or permitted by you, of the Services or your Account, or (ii) any of your acts or omissions, including breach or non-performance of these Terms, the Agreement, and any violation of any third party rights.
General Provisions
Interpretation – In these Terms, (i) the captions and headings are for convenience only and do not constitute substantive matter and are not to be construed as interpreting the contents of these Terms, (ii) the word “including”, the word “includes”, and the phrase “such as”, when following a general statement or term (whether or not non-limiting language such as “without limitation” or “but not limited to” or other words of similar import are used with reference thereto), is not to be construed as limiting, and the word “or” between two or more listed matters does not imply an exclusive relationship between the matters being connected, and (iii) all references to website addresses or URLs shall also include any successor or replacement websites containing substantially similar information as the referenced website(s).
Waiver of Rights and Remedies – Our failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. Neither the course of conduct between you and us nor trade practice shall act to modify any provision of these Terms or the Agreement. Our rights, powers, and remedies in these Terms, including without limitation the right to suspend, restrict or terminate your access to any portion of the Services, are cumulative and in addition to and not in substitution for any right, power or remedy that may be available to us at law or in equity.
Force Majeure – In no event shall Babbl be liable for any failure to comply with the Agreement and Terms if such failure arises from an event that is beyond its reasonable control, including, without limit, acts of God, riots, theft, strike, labour disturbance, war, terrorism, hacking, and natural disasters.
Severability – If any provision of these Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability will attach only to such provision or part thereof and the remaining part of such provision and all other provisions hereof will continue in full force and effect.
Notifications – Subject to our Privacy Policy, we may provide you with notifications via email, in hard copy, through your Account, or through conspicuous posting of such notice on the Services, as we may determine in our sole discretion.
Changes in Regulation – You acknowledge and agree that the Canadian Radio-television and Telecommunications Commission, or other government departments, regulators, or agencies, may impose regulations or restrictions to the Services. If new regulations or restrictions are imposed on the Services, we retain the right to pass on to you any new fees or taxes.
Governing Law and Jurisdiction – These Terms and the rights of the parties hereto are governed by, and will at all times be construed in accordance with, the laws in force in the Province of British Columbia and the laws of Canada applicable therein, without reference to its conflict of laws principles. You hereby irrevocably consent to the jurisdiction of the courts of the Province of British Columbia in connection with any matter arising out of or in connection with these Terms.
Limitation on time to file claims – ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Assignment and Inurement – We may at any time assign our rights and obligations under these Terms and the Agreement, in whole or in part, without notice to you. You may not assign these Terms or the Agreement without our prior, written consent. These Terms and the Agreement will inure to the benefit of and bind you and us and our respective personal and legal representatives, successors, and permitted assigns.
Survival – All provisions that, by their meaning or nature, are intended to survive termination or expiry of these Terms shall survive termination or expiration of these Terms.
Relationship – You agree that no joint venture, partnership, employment or agency relationship exists between us and you as a result of these Terms or your use of the Services.
Entire Agreement – The Agreement, as amended from time to time, including any and all documents, websites, rules, terms, and policies referenced herein, constitutes the entire agreement between us and you with respect to the matters referred to in these Terms and supersedes all prior and contemporaneous agreements and understandings, whether electronic, oral or written, between us and you with respect to such matters.
English Language – The parties have requested and agree that this agreement and all documents relating thereto be drawn up in English / Les parties ont demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.
Questions and Concerns:
If you have any questions or concerns about these Terms, please contact us at [info@heybabbl.ca].
