NitoVille Inc Terms and Conditions

Updated at 2021-12-11



General Terms
By accessing and placing an order with NitoVille, you confirm that you are in agreement with and bound by the terms of service contained in the Terms & Conditions outlined below. These terms apply to the entire website, services and products (collectively referred to as "Services" and in some instances "Products"), and any email or other types of communication between you and NitoVille.

Under no circumstances shall NitoVille team be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the materials on this site, even if NitoVille team or an authorized representative has been advised of the possibility of such damages. If your use of materials from this site results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof.

NitoVille will not be responsible for any outcome that may occur during the course of usage of our resources and/or Services. We reserve the rights to change prices and revise the resources usage policy with or without notice, and in compliance with regulatory environment.

License
NitoVille grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the website/app strictly in accordance with the terms of this Agreement.

These Terms & Conditions are a contract between you and NitoVille (referred to in these Terms & Conditions as 'NitoVille', 'us', 'we' or 'our'), the provider of the NitoVille website and the Services accessible from the NitoVille website and/or apps (and must be construed as included in our definition of 'Services').

You are agreeing to be bound by these Terms & Conditions. If you do not agree to these Terms & Conditions, please do not use the NitoVille Services. In these Terms & Conditions, 'you' refers both to you as an individual and to the entity you represent. If you violate any of these Terms & Conditions, we reserve the right to cancel your account or block access to your account without notice.

Meanings
For this Terms & Conditions:

Your Consent
Our Terms & Conditions are to provide you with complete transparency into what is being set when you visit our site and engage with our Services. By using our website/app, and engaging with our Services, registering an account, or making a purchase, you hereby consent to all of our Terms & Conditions.

Restrictions
You agree not to, and you will not permit others to:

Return and Refund Policy
As with any shopping experience, there are terms and conditions that apply to transactions at NitoVille. By placing an order or making a purchase at NitoVille, you agree to the terms along with NitoVille's Privacy Policy.

If, for any reason, You are not completely satisfied with any of our Services, don't hesitate to contact us and we will discuss any of the issues you are going through with the specific Service.

Video and Audio Recordings
Recordings of conferences, meetings and other events, on our platform, will only be retained, and available, for a limited (retention) period and will be permanently deleted at the expiration of the retention period and may not be recoverable after deletion. Links to download your recordings will be made available to you. You agree that you will promptly download your recordings and will not hold NitoVille liable for expired download link. We reserve the right to amend retention period (i.e. link expiration times), based on our operational requirements. We will do our best to advise you of retention period (i.e. download link expiration period). Nonetheless, we hold no liability to you if you did not receive nor act on the advice.

Please note that the time used for the determination of retention period for a recording, on our platform, is the actual creation time of the specific recording. That is, when that recording file was first created on our platform. It is advisable and very instructive that you organise alternative event recordings and/or request special recording dispensation if you are organising and need to record events that are longer than our retention period/s. Recordings will be deleted, without fail, even if recording is still ongoing, once the time difference between when they were first created and the relevant review point reach our defined retention period. We will not be liable for your loss of recordings, nor indemnify you for loss of recording, nor for loss of access to recordings.

Your Suggestions
Any feedback, comments, ideas, improvements, or suggestions (collectively, "Suggestions") provided by you to NitoVille with respect to the website/app and/or Services shall remain the sole and exclusive property of NitoVille.

NitoVille shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you. Submissions and Privacy

In the event that you submit or post any ideas, creative suggestions, designs, photographs, information, advertisements, data or proposals, including ideas for new or improved products, services, features, technologies or promotions, you expressly agree that such submissions will automatically be treated as non-confidential and non-proprietary and will become the sole property of NitoVille without any compensation or credit to you whatsoever. NitoVille and its affiliates shall have no obligations with respect to such submissions or posts and may use the ideas contained in such submissions or posts for any purposes in any medium in perpetuity, including, but not limited to, developing, manufacturing, and marketing products and services using such ideas.

Promotions
NitoVille may, from time to time, include contests, promotions, sweepstakes, or other activities ("Promotions") that require you to submit material or information concerning yourself. Please note that all Promotions may be governed by separate rules that may contain certain eligibility requirements, such as restrictions as to age and geographic location. You are responsible to read all Promotions rules to determine whether or not you are eligible to participate. If you enter any Promotion, you agree to abide by and to comply with all Promotions Rules.

Links to Other Websites
Please note that our site/app may contain links to other websites not operated or controlled by NitoVille. We are not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Please remember that when you use a link to go from our Services to another website, our Terms & Conditions are no longer in effect. Your browsing and interaction on any other website, including those that have a link on our platform, is subject to that website's own rules and policies. Such third parties may use their own cookies or other methods to collect information about you.

Cookies
NitoVille uses 'Cookies' to identify the areas of our website that you have visited. A Cookie is a small piece of data stored on your computer or mobile device by your web browser. We use Cookies to enhance the performance and functionality of our website/app but are non-essential to their use. However, without these cookies, certain functionality like videos may become unavailable or you would be required to enter your login details every time, even within a very short time order , and be requested to make additional payment for live-events, on our website/app as we would not be able to remember that you had logged in previously and/or made payment for non-registered user participation of promotional fee-bearing live-events . Most web browsers can be set to disable the use of Cookies. However, if you disable Cookies, you may not be able to access functionality on our website correctly or at all. We never place Personally Identifiable Information in Cookies.

Changes To Our Terms & Conditions
You acknowledge and agree that NitoVille may stop (permanently or temporarily) providing Services (or any features within our Services) to you or to users generally at NitoVille's sole discretion, without prior notice to you. You may stop using our Services at any time. You do not need to specifically inform NitoVille when you stop using Services. You acknowledge and agree that if NitoVille disables access to your account, you may be prevented from accessing related Services, your account details and/or any files or other materials which are contained in your account.

If we decide to change our Terms & Conditions, we will post those changes on this page, and/or update the Terms & Conditions modification date below.

If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our website/app after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use NitoVille.

Modifications to Our website/app
NitoVille reserves the right to modify, suspend or discontinue, temporarily or permanently, the website/app or any Services to which it connects, with or without notice and without liability to you.

Updates to Our website/app
NitoVille may from time to time provide enhancements or improvements to the features/ functionality of the website/app, which may include patches, bug fixes, updates, upgrades and other modifications ('Updates').

Updates may modify or delete certain features and/or functionalities of the website/app. You agree that NitoVille has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the website/app to you.

You further agree that all Updates to our website/apps will be (i) deemed to constitute an integral part of the website/app, and (ii) are subject to the terms and conditions of this Agreement.

Third-Party Services
We may display, include or make available third-party contents (including data, information, applications and other products or services) or provide links to third-party websites or services ('Third- Party Services').

You acknowledge and agree that NitoVille shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. NitoVille does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.

Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

Termination
This Agreement shall remain in effect until terminated by you or NitoVille.

NitoVille may, in its sole discretion, at any time and for any or reason, suspend or terminate this Agreement with or without prior notice.

This Agreement will terminate immediately, without prior notice from NitoVille, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by completely deleting the website/app and all copies thereof from your computers and/or devices.

Upon termination of this Agreement, you shall cease all use of the website/app and delete all copies of the website/app from your computers and devices.

Termination of this Agreement will not limit any of NitoVille's rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.

Copyright Infringement Notice
If you are a copyright owner or such owner's agent and believe any material on our website/app constitutes an infringement on your copyright, please contact us setting forth the following information:

  1. a physical or electronic signature of the copyright owner or a person authorized to act on his behalf;
  2. identification of the material that is claimed to be infringing;
  3. your contact information, including your address, telephone number, and an email;
  4. a statement by you that you have a good faith belief that use of the material is not authorized by the copyright owners; and
  5. a statement that the information in the notification is accurate, and, under penalty of perjury you are authorized to act on behalf of the owner.

Indemnification
You agree to indemnify and hold NitoVille and its subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your:

  1. use of the website/app;
  2. violation of this Agreement or any law or regulation; or
  3. violation of any right of a third party.

No Warranties
The website/app is provided to you 'AS IS' and 'AS AVAILABLE' and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, NitoVille, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the website/app, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, NitoVille provides no warranty or undertaking, and makes no representation of any kind that the website/app will meet your requirements, achieve any intended results, be compatible or work with any other software, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither NitoVille nor any NitoVille's service provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the website/app, or the information, content, and materials or products included thereon; (ii) that the website/app will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the website/app; or (iv) that the website/app, its servers, the content, or e-mails sent from or on behalf of NitoVille are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. Where this is the case, the non-applicable portion of these Terms and Agreement will not void applicable portion.

Limitation of Liability
Notwithstanding any damages that you might incur, the entire liability of NitoVille and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the impacted service and/or products.

To the maximum extent permitted by applicable law, in no event shall NitoVille or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the website/app, third-party software and/or third-party hardware used with the website/app, or otherwise in connection with any provision of this Agreement), even if NitoVille or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Where this is the case, the non-applicable portion of these Terms and Agreement will not void applicable portion.

Severability
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Entire Agreement
This Agreement, together with the Privacy Policy and any other legal notices published by NitoVille on our Services (that apply when you use or purchase other NitoVille services, which NitoVille will provide to you at the time of such use or purchase), shall constitute the entire agreement between you and NitoVille concerning our Services, and supersedes all prior and contemporaneous written or oral agreements between you and NitoVille. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and NitoVille's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. YOU AND NitoVille AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent breach.

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under this Agreement shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power under this Agreement preclude further exercise of that or any other right granted herein. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

Any waiver of any provision of these Terms & Conditions will be effective only if in writing and signed by an authorized representative of NitoVille. NitoVille will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you.

Intellectual Property
Our website/app and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selections and arrangement thereof), are owned by NitoVille, its licensors or other providers of such material and are protected by Canadian, New Zealand, US, UK, South African, and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The material may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of NitoVille, unless and except as is expressly provided in these Terms & Conditions. Any unauthorized use of the material is prohibited.

Typographical Errors
In the event a product and/or service is listed at an incorrect price or with incorrect information due to typographical error, we shall have the right to refuse or cancel any orders placed for the product and/or service listed at the incorrect price. We shall have the right to refuse or cancel any such order whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we shall immediately issue a credit to your credit card account or other payment account in the amount of the charge.

Dispute and Arbitration
The following terms shall apply to any disputes, EXCEPT A DISPUTE RELATING TO CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF REGARDING THE ENFORCEMENT OR VALIDITY OF YOUR OR NitoVille's INTELLECTUAL PROPERTY RIGHTS.

Notice of Dispute
In the event of a dispute, you or NitoVille must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute via email to: terms@nitoville.com. NitoVille will send any Notice of Dispute to you by mail to your address if we have it, or otherwise to your email address. You and NitoVille will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or NitoVille may commence arbitration.

Binding Arbitration
If you and NitoVille don't resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. The dispute shall be settled by binding arbitration in accordance with the commercial arbitration rules of the Canadian Arbitration Association. Either party may seek any interim or preliminary injunctive relief from a court of competent jurisdiction, as necessary to protect the party's rights or property pending the completion of arbitration. Any and all legal, accounting, and other costs, fees, and expenses incurred by the prevailing party shall be borne by the non-prevailing party.

Miscellaneous
NitoVille operates and controls the NitoVille Service from its offices in Canada. The Service is not intended for distribution to or used by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Accordingly, those persons who choose to access NitoVille Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, and to the extent that local laws are applicable.



NitoVille Inc
135 Thakur Street, Saskatoon,
SK S7W 1C9
Canada