PRIVACY POLICY

PRIVACY POLICY

GENERAL PRIVACY POLICY

This privacy policy (the “Privacy Policy“) discloses the privacy practices for Besify Inc. on its website (Besify.com) (the “Website“) and through the services it offers elsewhere and otherwise (including its on-site free WiFi service) (together with the Website, the “Services“). Besify Inc. (“Besify“), the provider of the Services (referred to as “us” or “we“), is committed to protecting your privacy. Please read the following to learn what information we collect from you (the “User” or the “End User“) and how we use that information. If you have any questions about our privacy policy, please email us at [email protected].

PLEASE READ THIS PRIVACY POLICY CAREFULLY. BY ACCESSING OR USING OUR WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND TO ALL THE TERMS OF THIS PRIVACY POLICY, OUR WEBSITE TERMS OF SERVICE AND/OR OUR ON-SITE WIFI TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS, EXIT THIS PAGE AND DO NOT ACCESS OR USE THE WEBSITE OR OUR SERVICES.

1. Changes to Privacy Policy

If we decide to change our Privacy Policy, we will post those changes to this Privacy Policy in places within the Services and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We reserve the right to modify this Privacy Policy at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by email, or by means of notice on the Services.

2. Types of Information Collected & Uses of Collected Information

We collect two types of information about Users of our Services: Personally Identifiable Information and Non-Personally Identifiable Information.

Personally Identifiable Information. Personally Identifiable Information is information that identifies a specific End User. When you engage in certain activities on the Services, such as creating an account, ordering a product or service from us, submitting content, filling out a survey, sending us or our partners feedback, requesting information about our services, submitting an agreement, applying for a job or authorizing Besify to access your Facebook account so you can access WiFi at one of our affiliate locations (collectively, “Identification Activities“), we may ask you to provide certain information about yourself. It is optional for you to engage in an Identification Activity. If you elect to engage in an Identification Activity, however, we may ask you to provide us with certain personal information about yourself, such as your first and last name, user name, gender, mailing address (including postal code/zip code), email address, telephone number, and date of birth. When you order products or services, we may also ask you to provide us with your credit card number, expiration date and authentication codes or related information. Depending on the activity, some of the information we ask you to provide is identified as mandatory and some is identified as voluntary. If you do not provide the mandatory information for a particular activity that requires it, you will not be permitted to engage in that activity. We use Personally Identifiable Information to enhance the operation of the Services, improve our marketing and promotional efforts, analyze Services use, improve our product and service offerings, and to tailor your experience with third parties as provided in Item 3 of this Privacy Policy. For example, if you send our customer service an email we may use your comments and feedback to tell others about our services, and may post your comment in our marketing materials or on our Services. Your comments may contain personal information such as your name and we will obtain consent from you to post your name along with your comment prior to posting your comment for public view. In addition, if you use our Services to send information or a contest, product or service to another person, we may store your personal information. We may also use Personally Identifiable Information to troubleshoot, resolve disputes, accomplish administrative tasks, contact you, enforce our agreements with you, including our Website Terms of Service, our On-Site WiFi Terms of Service and this Privacy Policy, comply with applicable law, and cooperate with law enforcement activities.

Furthermore, in order to access certain aspects of the Services, you must allow Besify to access your Facebook account using Facebook’s “OAuth” authorization procedure. By authorizing Besify to access your Facebook account, you hereby grant Besify access to certain information in your Facebook profile, including but not necessarily limited to: basic information including (but not limited to) age, birthdate, name, gender, location, email address; extended profile information including (but not limited to) events, check-ins, “likes”, interests, friends, friends of friends, groups, etc.; and, other information which the OAuth procedure allows Besify to access. If at any point the information Besify requires by your access necessitates a higher level of Facebook profile access through OAuth authorization, these Terms and Conditions shall be amended accordingly and Besify will notify you of said changes in the manner set forth above. By allowing Besify to access your Facebook profile through the OAuth procedure, you hereby agree to any and all terms and conditions imposed on you by Facebook, Inc. in connection with the OAuth procedure, your use of the Facebook website and any and all sites and/or applications and/or other data or content in connection therewith.

Non-Personally Identifiable Information. Non-Personally Identifiable Information is information that does not identify a specific End User. This type of information may include (but is not necessarily limited to) things like the Uniform Resource Locator (“URL“) of the website you visited before coming to our Website, the URL of the website you visit after leaving our Website, the type of browser you are using, the MAC address of your mobile device, the type of mobile device you may be using to access the Services, and your Internet Protocol (“IP“) address. We may automatically collect this information when you use our Services through the use of electronic tools like Cookies and Web beacons or Pixel tags. We use Non-Personally Identifiable Information to troubleshoot, administer the Services, analyze trends, gather demographic information, comply with applicable law, and cooperate with law enforcement activities. We may also share this information with our authorized Third Party Service Providers, Third Party Advertisers and Affiliates to measure the overall effectiveness of our online advertising, content, and programming.

Linking of MAC Address to Personally Identifiable Information. You understand and agree that by engaging in certain Identification Activities, you are permitting us to: a) store and access your Personally Identifiable Information; b) link your Personally Identifiable Information to the MAC address and your location, as offered by the device with which you access the Internet and/or our WiFi service; and, c) use your Personally Identifiable Information in such other ways which accord with the terms and conditions herein set forth.

3. Release of Personally Identifiable Information

We will not share, sell, rent, or trade your Personally Identifiable Information with other parties except as provided for within this Privacy Policy.

Third Party Service Providers” perform functions on our behalf, like sending out and distributing our administrative and promotional emails. We may share your Personally Identifiable Information with such Third Party Service Providers to fulfill orders, deliver packages, send postal or email, remove repetitive information on customer lists, analyze data, provide marketing assistance, provide search results and links, process credit card payments, operate the Services, troubleshoot, and provide customer service.

We may also share your information with individuals or companies with whom we have a contractual relationship to provide certain aspects of the Services, and in particular those entities who a) are registered clients of Besify; b) with whom Besify has a contractual relationship to share Personally Identifiable Information; and/or c) at whose location or facility there is a Besify WiFi “hotspot” by which you can access free WiFi (each an “Affiliate” and collectively, “Affiliates“). Sharing this Personally Identifiable Information may allow an Affiliate (as defined below) and/or Besify to market directly to you should they choose to do so. However, we will only share Personally Identifiable Information with Affiliates if you engage in an Identification Activity, and then only to the Affiliate involved in that Identification Activity. We specifically disclaim any responsibility or liability for the actions of such Affiliate. While we inform them that they are only permitted to communicate with you for the purposes of the specific promotion with Besify, we do not have any responsibility for the actions of the Affiliate, and the actions of the Affiliate are not in our control. We may share your information with such Affiliates to accomplish our administrative tasks and/or to fulfill our obligations to said Affiliates, including, but not limited to, the obligation to provide said Affiliates with analytics data regarding your use of their services, your use of our Services at their location, your presence on-site, and other Personallly Identifiable Information which is valuable to our Affiliates.

We encourage our Affiliates and Third Party Service Providers to adopt and post privacy policies. However, the use of your Personally Identifiable Information by such parties is governed by the privacy policies of such parties and is not subject to our control and you hereby agree in no way is Besify liable to you for such Affiliates’ or Third Party Service Providers’ use of your information as collected through the Services.

We may also remarket your information. Remarketing is a way for us to connect with users, based upon your past interactions with our Services. Third-party marketing vendors may be hired by Besify to perform remarketing services. This information is used only for remarketing purposes and will not be used by them for any other purpose. We may also share your information in a business transfer. As with any other business, we could merge with, or be acquired by another company. If this occurs, the successor company would acquire the information we maintain, including Personally Identifiable Information. However, Personally Identifiable Information would remain subject to this Privacy Policy. We may share your information for our protection and the protection of others. We reserve the right to disclose your Personally Identifiable Information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our Services; enforce or apply this Privacy Policy, our On-Site WiFi Terms of Service, our Website Terms of Use or other agreements; or protect the rights, property or safety of the Services, its Users or others.

4. Release of Non-Personally Identifiable Information

We may disclose or share Non-Personally Identifiable Information with Third Party Service Providers, Affiliates and Third Party Advertising Advertisers. For example, we may share aggregated demographic information (which does not include any Personally Identifiable Information) with “Third Party Advertisers” or “Third Party Advertising Companies” and other parties as provided below: in the future, we may use Third Party Advertising Companies to serve ads when you visit our Website or use our Services otherwise. These companies may use Non-Personally Identifiable Information about your visits to this and other websites in order to provide, through the use of network tags, advertisements about goods and services that may be of interest to you. We also use Third Party Service Providers to track and analyze Non-Personally Identifiable usage and volume statistical information from our Users to administer our Services and constantly improve its quality. We may also publish this information for promotional purposes or as a representative audience for Advertisers. Please note that this is not Personally Identifiable Information, only general summaries of the activities of our Users. Such data is collected on our behalf, and is owned and used by us.

5. Updating & Correcting Information

We believe that you should have the ability to access and edit the Personally Identifiable Information you provide us. You may change any of your Personally Identifiable Information by logging into your account and accessing your account information. We encourage you to promptly update your Personally Identifiable Information if it changes. You may ask to have the information on your account deleted or removed; however, because we keep track of past transactions, you cannot delete information associated with past transactions on the Services. In addition, it may be impossible for us to completely delete all of your information because we periodically backup information. If you choose to store credit card information on the site, this is stored on a secure page and you may delete your credit card information at any time by logging in and accessing your account information.

6. User Choices On Collection & Use of Information

As discussed above, you can always choose not to provide information, although it may be required to engage in a certain activity on the Services. As a condition of access to on-site Wifi, we will send you Administrative and Promotional emails. You cannot opt-out of Administrative Emails. “Administrative Emails” relate to a User’s activity on the Website, and include emails regarding a particular User’s account, requests or inquiries, and the purchasing of products and services. In contrast to Administrative Emails, however, you do have a choice with respect to Promotional Emails. “Promotional Emails” advertise our products and services, including sales and other offers, and/or the products and services of our Advertisers and Affiliates. If you do not want to receive Promotional Emails from us, you may elect to opt-out of receiving Promotional Emails at any time after registering by e-mailing us at [email protected], by writing to us at the address contained herein, or by hitting the “unsubscribe” button at the bottom of any of our e-mails. When contacting us, please indicate your name, address, email address, and what Promotional Emails you do not want to receive.

7. Security of Information

We take security seriously and take numerous precautions to protect the security of Personally Identifiable Information. You can access your Personally Identifiable Information on our Services through a password and your email address. This password is encrypted. We recommend that you do not share your password with anyone. In addition, your Personally Identifiable Information resides on a secure server that only selected personnel and contractors have access to. We encrypt certain sensitive information (such as credit card information) using Secure Socket Layer (SSL) technology to ensure that your Personally Identifiable Information is safe as it is transmitted to us.

Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we employ commercially reasonable security measures to protect data and seek to partner with companies which do the same, we cannot guarantee the security of any information transmitted through the Services, and are not responsible for the actions of any third parties that may receive any such information.

8. Data Tracking

Cookies. To facilitate and customize your experience with the Website, we store cookies on your computer. A cookie is a small text file that is stored on a User’s computer for record-keeping purposes which contains information about that User. We use cookies to save you time while using the Website, remind us who you are, and track and target User interests in order to provide a customized experience. Cookies also allow us to collect Non-Personally Identifiable Information from you, like which pages you visited and what links you clicked on. Use of this information helps us to create a more user-friendly experience for all visitors. In addition, we may use Third Party Advertising Companies to display advertisements on our Website. As part of their service, they may place separate cookies on your computer. We have no access to or control over these cookies. This Privacy Policy covers the use of cookies by our Website only and does not cover the use of cookies by any Advertiser. Most browsers automatically accept cookies, but you may be able to modify your browser settings to decline cookies. Please note that if you decline or delete these cookies, some parts of the Website may not work properly.

Other Tracking Devices. We may use other industry standard technologies including (but not limited to) pixel tags and web beacons to track your use of our Services, or we may allow our Third Party Service Providers to use these devices on our behalf. Pixel tags and web beacons are tiny graphic images placed on certain pages on our Website, or in our emails that allow us to determine whether you have performed a specific action. When you access these pages or open or click an email, pixel tags and web beacons generate a Non-Personally Identifiable notice of that action. Pixel tags allow us to measure and improve our understanding of visitor traffic and behavior on our Website, as well as give us a way to measure our promotions and performance. We may also utilize pixel tags and web beacons provided by our Affiliates and/or Marketing Partners for the same purposes. We may also use your MAC address and certain geolocational technologies to track where you are when you are on one of our wireless networks by use of the Services.

9. Privacy Policies of Third Party Websites

This Privacy Policy only addresses the use and disclosure of information we collect from you through our Services. Other websites (including other websites which host their own or others’ contests) that may be accessible through the Services have their own privacy policies and data collection, use and disclosure practices. If you link to any such website, we urge you review the website’s privacy policy. We are not responsible for the policies or practices of third parties.

10. Children

Minors under the age of 18 may not use the Services. We do not knowingly collect personal information from anyone under the age of 18, and no part of the Services is designed or intended to attract anyone under the age of 18. Besify strongly urges parents, legal guardians and adults to use Internet filtering technology to restrict access to minors in their care to our site and Services.

11. Contacting Us

If you have any questions, concerns, or comments about our privacy policy you may contact us at [email protected]

MOBILE LOCATION ANALYTICS DATA PRIVACY POLICY

MOBILE LOCATION ANALYTICS DATA PRIVACY POLICY

This privacy policy (the “Privacy Policy“) discloses the privacy practices for Besify Inc. on its website (Besify.com) (the “Website“) and through the services it offers elsewhere and otherwise (including its on-site free WiFi service) and any other services it offers which collect Mobile Location Analytics (“MLA“) data (together with the Website, the “Services“). Besify Inc. (“Besify“), the provider of the Services (referred to as “us” or “we“), is committed to protecting your privacy. Please read the following to learn what information we collect from you (the “User” or the “End User“) and how we use that information. If you have any questions about our privacy policy, please email us at [email protected].

PLEASE READ THIS PRIVACY POLICY CAREFULLY. BY ACCESSING OR USING OUR WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND TO ALL THE TERMS OF THIS PRIVACY POLICY, OUR WEBSITE TERMS OF SERVICE AND/OR OUR ON-SITE WIFI TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS, EXIT THIS PAGE AND DO NOT ACCESS OR USE THE WEBSITE OR OUR SERVICES.

1. Changes To Privacy Policy

If we decide to change our Privacy Policy, we will post those changes to this Privacy Policy in places within the Services and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We reserve the right to modify this Privacy Policy at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by email, or by means of notice on the Services.

2. Types of Information Collected & Uses of Collected Information

We collect two types of information about Users of our Services: Personally Identifiable Information and Non-Personally Identifiable Information.

Personally Identifiable Information. Personally Identifiable Information is information that identifies a specific End User. When you engage in certain activities on the Services, such as creating an account, ordering a product or service from us, submitting content, filling out a survey, sending us or our partners feedback, requesting information about our services, submitting an agreement, applying for a job or authorizing Besify to access your Facebook account so you can access WiFi at one of our affiliate locations (collectively, “Identification Activities“), we may ask you to provide certain information about yourself. It is optional for you to engage in an Identification Activity. If you elect to engage in an Identification Activity, however, we may ask you to provide us with certain personal information about yourself, such as your first and last name, user name, gender, mailing address (including postal code/zip code), email address, telephone number, and date of birth. When you order products or services, we may also ask you to provide us with your credit card number, expiration date and authentication codes or related information. Depending on the activity, some of the information we ask you to provide is identified as mandatory and some is identified as voluntary. If you do not provide the mandatory information for a particular activity that requires it, you will not be permitted to engage in that activity. We use Personally Identifiable Information to enhance the operation of the Services, improve our marketing and promotional efforts, analyze Services use, improve our product and service offerings, and to tailor your experience with third parties as provided in Item 3 of this Privacy Policy. For example, if you send our customer service an email we may use your comments and feedback to tell others about our services, and may post your comment in our marketing materials or on our Services. Your comments may contain personal information such as your name and we will obtain consent from you to post your name along with your comment prior to posting your comment for public view. In addition, if you use our Services to send information or a contest, product or service to another person, we may store your personal information. We may also use Personally Identifiable Information to troubleshoot, resolve disputes, accomplish administrative tasks, contact you, enforce our agreements with you, including our Website Terms of Service, our On-Site WiFi Terms of Service and this Privacy Policy, comply with applicable law, and cooperate with law enforcement activities.

Furthermore, in order to access certain aspects of the Services, you must allow Besify to access your Facebook account using Facebook’s “OAuth” authorization procedure. By authorizing Besify to access your Facebook account, you hereby grant Besify access to certain information in your Facebook profile, including but not necessarily limited to: basic information including (but not limited to) age, birthdate, name, gender, location, email address; extended profile information including (but not limited to) events, check-ins, “likes”, interests, friends, friends of friends, groups, etc.; and, other information which the OAuth procedure allows Besify to access. If at any point the information Besify requires by your access necessitates a higher level of Facebook profile access through OAuth authorization, these Terms and Conditions shall be amended accordingly and Besify will notify you of said changes in the manner set forth above. By allowing Besify to access your Facebook profile through the OAuth procedure, you hereby agree to any and all terms and conditions imposed on you by Facebook, Inc. in connection with the OAuth procedure, your use of the Facebook website and any and all sites and/or applications and/or other data or content in connection therewith.

Non-Personally Identifiable Information. Non-Personally Identifiable Information is information that does not identify a specific End User. This type of information may include (but is not necessarily limited to) things like the Uniform Resource Locator (“URL“) of the website you visited before coming to our Website, the URL of the website you visit after leaving our Website, the type of browser you are using, and MLA Data. “MLA Data” is defined as the MAC address of your mobile device, the type of mobile device you may be using to access the Services, your location as offered by the mobile device you use on the network in question, the time at which your device accessed the Services, and your Internet Protocol (“IP“) address. We may automatically collect this information when you use our Services through the use of electronic tools like Cookies and Web beacons or Pixel tags. We use Non-Personally Identifiable Information to troubleshoot, administer the Services, analyze trends, gather demographic information, comply with applicable law, and cooperate with law enforcement activities. We may also share this information with our authorized Third Party Service Providers, Third Party Advertisers and Affiliates to measure the overall effectiveness of our online advertising, content, and programming.

Protection of MLA Data. We protect your MLA Data by encrypting your MAC Address into a unique alternative identifier, such that, the unique alternative identifier can not be reverse engineered or retraced to be re-identified with your MAC Address (“hashing“).

Linking of MLA Data to Personally Identifiable Information. We will not link your MLA Data to Personally Identifiable Information, except in circumstances in which you engage in certain Identification Activities, in which you permit us to: a) store and access your Personally Identifiable Information; b) link your Personally Identifiable Information to MLA Data; and, c) use your Personally Identifiable Information and MLA Data in such other ways which accord with the terms and conditions herein set forth.

Retention of Data. We retain all Personally Identifiable Information and Non-Personally Identifiable Information until the date you first access the Services or the time at which you instruct us in accordance with the terms hereof to remove your Personally Identifiable Information or Non-Personally Identifiable Information.

3. Release of Personally Identifiable Information

We will not share, sell, rent, or trade your Personally Identifiable Information with other parties except as provided for within this Privacy Policy.

Third Party Service Providers” perform functions on our behalf, like sending out and distributing our administrative and promotional emails. We may share your Personally Identifiable Information with such Third Party Service Providers to fulfill orders, deliver packages, send postal or email, remove repetitive information on customer lists, analyze data, provide marketing assistance, provide search results and links, process credit card payments, operate the Services, troubleshoot, and provide customer service.

We may also share your information with individuals or companies with whom we have a contractual relationship to provide certain aspects of the Services, and in particular those entities who a) are registered clients of Besify; b) with whom Besify has a contractual relationship to share Personally Identifiable Information; and/or c) at whose location or facility there is a Besify WiFi “hotspot” by which you can access free WiFi (each an “Affiliate” and collectively, “Affiliates“). Sharing this Personally Identifiable Information may allow an Affiliate (as defined below) and/or Besify to market directly to you should they choose to do so. However, we will only share Personally Identifiable Information with Affiliates if you engage in an Identification Activity, and then only to the Affiliate involved in that Identification Activity. We specifically disclaim any responsibility or liability for the actions of such Affiliate. While we inform them that they are only permitted to communicate with you for the purposes of the specific promotion with Besify, we do not have any responsibility for the actions of the Affiliate, and the actions of the Affiliate are not in our control. We may share your information with such Affiliates to accomplish our administrative tasks and/or to fulfill our obligations to said Affiliates, including, but not limited to, the obligation to provide said Affiliates with analytics data regarding your use of their services, your use of our Services at their location, your presence on-site, and other Personallly Identifiable Information which is valuable to our Affiliates.

We encourage our Affiliates and Third Party Service Providers to adopt and post privacy policies. However, the use of your Personally Identifiable Information by such parties is governed by the privacy policies of such parties and is not subject to our control and you hereby agree in no way is Besify liable to you for such Affiliates’ or Third Party Service Providers’ use of your information as collected through the Services.

We may also remarket your information. Remarketing is a way for us to connect with users, based upon your past interactions with our Services. Third-party marketing vendors may be hired by Besify to perform remarketing services. This information is used only for remarketing purposes and will not be used by them for any other purpose. We may also share your information in a business transfer. As with any other business, we could merge with, or be acquired by another company. If this occurs, the successor company would acquire the information we maintain, including Personally Identifiable Information. However, Personally Identifiable Information would remain subject to this Privacy Policy. We may share your information for our protection and the protection of others. We reserve the right to disclose your Personally Identifiable Information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our Services; enforce or apply this Privacy Policy, our On-Site WiFi Terms of Service, our Website Terms of Use or other agreements; or protect the rights, property or safety of the Services, its Users or others.

4. Release of Non-Personally Identifiable Information

We may disclose or share Non-Personally Identifiable Information with Third Party Service Providers, Affiliates and Third Party Advertising Advertisers. For example, we may share aggregated demographic information (which does not include any Personally Identifiable Information) with “Third Party Advertisers” or “Third Party Advertising Companies” and other parties as provided below: in the future, we may use Third Party Advertising Companies to serve ads when you visit our Website or use our Services otherwise. These companies may use Non-Personally Identifiable Information about your visits to this and other websites in order to provide, through the use of network tags, advertisements about goods and services that may be of interest to you. We also use Third Party Service Providers to track and analyze Non-Personally Identifiable usage and volume statistical information from our Users to administer our Services and constantly improve its quality. We may also publish this information for promotional purposes or as a representative audience for Advertisers. Please note that this is not Personally Identifiable Information, only general summaries of the activities of our Users. Such data is collected on our behalf, and is owned and used by us.

5. Updating & Correcting Information

We believe that you should have the ability to access and edit the Personally Identifiable Information you provide us. You may change any of your Personally Identifiable Information by logging into your account and accessing your account information. We encourage you to promptly update your Personally Identifiable Information if it changes. You may ask to have the information on your account deleted or removed; however, because we keep track of past transactions, you cannot delete information associated with past transactions on the Services. In addition, it may be impossible for us to completely delete all of your information because we periodically backup information. If you choose to store credit card information on the site, this is stored on a secure page and you may delete your credit card information at any time by logging in and accessing your account information.

6. User Choices On Collection & Use of Information

As discussed above, you can always choose not to provide information, although it may be required to engage in a certain activity on the Services. As a condition of access to on-site Wifi, we will send you Administrative and Promotional emails. You cannot opt-out of Administrative Emails. “Administrative Emails” relate to a User’s activity on the Website, and include emails regarding a particular User’s account, requests or inquiries, and the purchasing of products and services. In contrast to Administrative Emails, however, you do have a choice with respect to Promotional Emails. “Promotional Emails” advertise our products and services, including sales and other offers, and/or the products and services of our Advertisers and Affiliates. If you do not want to receive Promotional Emails from us, you may elect to opt-out of receiving Promotional Emails at any time after registering by e-mailing us at [email protected], by writing to us at the address contained herein, or by hitting the “unsubscribe” button at the bottom of any of our e-mails. When contacting us, please indicate your name, address, email address, and what Promotional Emails you do not want to receive.

7. Security of Information

We take security seriously and take numerous precautions to protect the security of Personally Identifiable Information. You can access your Personally Identifiable Information on our Services through a password and your email address. This password is encrypted. We recommend that you do not share your password with anyone. In addition, your Personally Identifiable Information resides on a secure server that only selected personnel and contractors have access to. We encrypt certain sensitive information (such as credit card information) using Secure Socket Layer (SSL) technology to ensure that your Personally Identifiable Information is safe as it is transmitted to us.

Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we employ commercially reasonable security measures to protect data and seek to partner with companies which do the same, we cannot guarantee the security of any information transmitted through the Services, and are not responsible for the actions of any third parties that may receive any such information.

8. Data Tracking

Cookies. To facilitate and customize your experience with the Website, we store cookies on your computer. A cookie is a small text file that is stored on a User’s computer for record-keeping purposes which contains information about that User. We use cookies to save you time while using the Website, remind us who you are, and track and target User interests in order to provide a customized experience. Cookies also allow us to collect Non-Personally Identifiable Information from you, like which pages you visited and what links you clicked on. Use of this information helps us to create a more user-friendly experience for all visitors. In addition, we may use Third Party Advertising Companies to display advertisements on our Website. As part of their service, they may place separate cookies on your computer. We have no access to or control over these cookies. This Privacy Policy covers the use of cookies by our Website only and does not cover the use of cookies by any Advertiser. Most browsers automatically accept cookies, but you may be able to modify your browser settings to decline cookies. Please note that if you decline or delete these cookies, some parts of the Website may not work properly.

Other Tracking Devices. We may use other industry standard technologies including (but not limited to) pixel tags and web beacons to track your use of our Services, or we may allow our Third Party Service Providers to use these devices on our behalf. Pixel tags and web beacons are tiny graphic images placed on certain pages on our Website, or in our emails that allow us to determine whether you have performed a specific action. When you access these pages or open or click an email, pixel tags and web beacons generate a Non-Personally Identifiable notice of that action. Pixel tags allow us to measure and improve our understanding of visitor traffic and behavior on our Website, as well as give us a way to measure our promotions and performance. We may also utilize pixel tags and web beacons provided by our Affiliates and/or Marketing Partners for the same purposes. We may also use your MAC address and certain geolocational technologies to track where you are when you are on one of our wireless networks by use of the Services.

9. Privacy Policies of Third Party Websites

This Privacy Policy only addresses the use and disclosure of information we collect from you through our Services. Other websites (including other websites which host their own or others’ contests) that may be accessible through the Services have their own privacy policies and data collection, use and disclosure practices. If you link to any such website, we urge you review the website’s privacy policy. We are not responsible for the policies or practices of third parties.

10. Children

Minors under the age of 18 may not use the Services. We do not knowingly collect personal information from anyone under the age of 18, and no part of the Services is designed or intended to attract anyone under the age of 18. Besify strongly urges parents, legal guardians and adults to use Internet filtering technology to restrict access to minors in their care to our site and Services.

11. Contacting Us

If you have any questions, concerns, or comments about our privacy policy you may contact us at [email protected]

TERMS OF SERVICE

WI-FI TERMS OF SERVICE

WI-FI TERMS OF SERVICE

READ CAREFULLY. THESE TERMS AND CONDITIONS IMPOSE OBLIGATIONS AND RESTRICTIONS UPON YOU.

  1. General

This WiFi Service is an Internet access service provided by Besify Inc. (“Besify“) which provides you with access to the Internet via a wireless access point (or points) (each a “Hotspot“) utilizing one or more of the 802.11a/b/g/n protocols commonly referred to as “Wi-Fi” (the “Service“). These “Terms and Conditions” between you and Besify set out duties and responsibilities associated with use of the Service. You are solely responsible for all access to and use of the Service including any breach of these Terms and Conditions by you or any user of your device. For the purposes of these Terms and Conditions, “you” means you and every person you authorize to use the Service. By accessing the Service, you agree to these Terms and Conditions and Besify’s Privacy Policy (available at Besify.com/legal). If you do not wish to be bound by these Terms and Conditions, you may not access or use the Service. Besify may modify these Terms and Conditions at any time without your consent or authorization, including modification or termination of the Service, or any components thereof. Besify will notify you of any changes to these Terms and Conditions by posting notice of the modified Terms and Conditions on the “Login” or “Intercept” page that is presented to you when you first access the Service from a “Hotspot”. You agree to periodically review the then-current Terms and Conditions and/or Privacy Policy in order to be aware of any modifications and your continued use of the Service shall be deemed to be your acceptance of the modified Terms and Conditions and/or Privacy Policy, as applicable. If you do not agree to any modification of these Terms and Conditions, you agree that you will be unable to use the Service.

  1. Access

In order to access the Service, you must login to your Facebook or Twitter account using their respective “OAuth” authorization procedure, or by supplying your name and e-mail to Besify, or, if available, as a guest and not supplying any additional information. By authorizing Besify to access your Facebook account, you hereby grant Besify access to certain information in your Facebook profile, including but not necessarily limited to: basic information including (but not limited to) age, birthdate, name, gender, location, email address; extended profile information including (but not limited to) events, check-ins, “likes”, interests, friends, friends of friends, groups, etc.; and, other information which the OAuth procedure allows Besify to access. By authorizing Besify to access your Twitter account, you hereby grant Besify access to certain information in your Twitter profile, including but not necessarily limited to: screen name, name, location, profile picture; and, other information which the OAuth procedure allows Besify to access. If at any point the information Besify requires by your access necessitates a higher level of Facebook or Twitter profile access through OAuth authorization, these Terms and Conditions shall be amended accordingly and Besify will notify you of said changes in the manner set forth above.

Furthermore, by agreeing to allow Besify to access your Facebook or Twitter profile through the OAuth procedure, you hereby agree to any and all terms and conditions imposed on you by Facebook, Inc. or Twitter in connection with the OAuth procedure, your use of the Facebook or Twitter website and any and all sites and/or applications or other data or content in connection therewith.

Linking of MAC Address to Personally Identifiable Information. You understand and agree that by engaging in certain Identification Activities, you are permitting us to: a) store and access your Personally Identifiable Information; b) link your Personally Identifiable Information to the MAC address and your location, as offered by the device with which you access the Internet and/or our WiFi service; and, c) use your Personally Identifiable Information in such other ways which accord with the terms and conditions herein set forth.

  1. Indemnity

You agree to indemnify and hold Besify, its directors, officers, shareholders, affiliates, agents and suppliers harmless from all liabilities and expenses related to any violation of these Terms and Conditions by you or any user of your device, or in connection with your or their use of the Service. While using the Service, you may not post, transmit or otherwise distribute information constituting or encouraging conduct that would constitute a criminal offence or give rise to civil liability, or otherwise use the Service in a manner which is contrary to law or to Besify’s then-current policies or would serve to restrict or inhibit any other user from using or enjoying the Service or the Internet. Without limiting the foregoing, you agree not to use the Service for any commercial purpose not otherwise permitted by these Terms and Conditions.

  1. Acceptable Use Policy

You are responsible for your use of the Services. You shall not use or allow others to use the Service if such use:

  • is for, or results in, any illegal, abusive, annoying or offensive activities, including making available offensive content, the commission or encouragement of a criminal offence, stalking, harassment, spamming, disrupting or interfering with the Internet, any network, computers, or other devices, transmission of a virus or other harmful component, defamation, intellectual property infringement, or interference with other clients’ service;
  • consumes excessive network capacity in Besify’s reasonable opinion, or causes its network, or its ability to provide services to others, to be adversely affected;
  • is for multi-media streaming, continuous data transmission or broadcasts, automatic data feeds, automated machine to machine connections or peer-to-peer (P2P) file sharing, voice over Internet protocol or any other application that is not made available to you by Besify which uses excessive network capacity;
  • is to provide a substitute or back-up for private lines or dedicated data connections such as DSL;or
  • is to operate any server system (including email, web, or other kind of server).

You shall not threaten abuse or harass any Besify employee or representative. You shall not (a) commit, attempt to commit, or allow others to commit or attempt to commit, any fraud against Besify including fraudulently obtaining Services, or (b) transform outbound communications into incoming communications or otherwise attempt to avoid applicable charges, or (c) otherwise abuse the Service or allow others to do any of the foregoing. You shall not resell, transfer, distribute, share or exploit for commercial purposes any Service. You must follow all other service and security regulations issued or adopted by Besify. Besify reserves the right to limit or lockout your use should such use be in contravention of these Terms and Conditions. In addition, Besify, and the owner or proprietor of the site at which the Services are being offered at your time of access to the Services and/or a Hotspot (collectively, the “Service Provider(s)“) each reserve the right to limit or restrict your usage or the speeds at which you receive the Service at their discretion.

  1. Service Availability

The Service is only available where Hotspot facilities exist. Besify assumes no liability whatsoever for any claims, damages, losses or expenses arising out of or otherwise relating to the unavailability of the Service in your geographical area, in particular due to changes in the location and configuration of Hotspots.

  1. Performance Levels

Besify does not guarantee the performance of the Service. You understand that any content that you may access through the Service may be subject to network management in order to ensure that all users of the Services receive reasonable access to the Services.

  1. Security & Privacy

Besify respects your privacy and protects your private information according to its Privacy Policy available at Besify.com/legal. Notwithstanding the foregoing, Besify will not be responsible for any corrupted files or viruses which affect the user of the Service. It is your responsibility to safeguard your system, through appropriate means (e.g. using commercially available software), from theft, unauthorized use or system corruption. Any detriment caused to the network as a result of your failure to properly secure your system may result in the immediate termination of your access to the Service. Besify does not ensure or guarantee privacy for users of the Service. Any such use shall be at your sole risk and Besify, its affiliates and its agents shall be relieved from all liability in connection therewith. Hotspots represent additional security risks as compared with wired Internet connection because access to your compatible device is possible without being physically connected to your device, therefore, it is strongly recommended that you (and it is your responsibility to) ensure that the configuration of your device is secure. In order to work with the widest variety of devices, you acknowledge that the Hotspots do not provide any level of encryption (such as WEP, WPA or other encryption and authentication mechanisms).

  1. Service Bandwidth Resale or Redistribution Prohibited

Resale or redistribution of bandwidth or any other part of the Service for any purpose is strictly forbidden. Failure to comply with this condition will result in immediate cancellation of access to the Services.

  1. IP Address / Host Name

Any IP address assigned to you by Besify is the property of Besify at all times. IP addresses may change each time you access at Hotspot, or any time at the discretion of Besify without prior notice to you. Besify assumes no liability whatsoever for any claims, damages, losses or expenses arising out of or otherwise relating to any change in IP Addressing.

  1. User Information

Your messages may be the subject of unauthorized third party interception and review. An individual with Internet access can cause damage, incur expenses and enter into contractual obligations while on the Internet. All such matters are your responsibility. Besify has no obligation to monitor the Service. However, you agree that Besify reserves the right to monitor the Service electronically from time to time and to disclose any information necessary to satisfy any laws, regulations or other governmental request or as necessary to operate the Service or to protect itself or others.

  1. No Liability For Content

Be aware that some content, products or services (“Content“) available with or through the Service may be offensive to you or may not comply with applicable laws where you access the Services. You understand that neither Besify nor any of its affiliates attempt to censor or monitor any such Content. You assume total responsibility and risk for access to or use of such Content and for use of the Internet. Besify and its affiliates assume no liability whatsoever for any claims or losses arising out of or otherwise relating to access to or use of such Content.

  1. Limited Warranty

The Service is provided by Besify on an “as is” and “as available” without warranties or conditions of any kind. You are responsible for the use and compatibility of the Service with any equipment, software, services and/or other materials not provided by Besify (“Third Party Equipment and Services“). Besify disclaims all responsibility for determining compatibility between the Service and any Third Party Provided Equipment and Services. Neither Besify, its affiliates, agents and/or suppliers warrant the performance, availability, uninterrupted use or operation of the Service or any deliverable provided under these Terms and Conditions. The entire risk as to the availability, quality and performance of the Service or any deliverable provided under these Terms and Conditions is with you. YOUR SERVICE PROVIDER(S) MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SERVICE, HARDWARE, SOFTWARE OR ANY OTHER DELIVERABLES PROVIDED HEREUNDER, OR ANY MERCHANDISE, INFORMATION, CONTENT OR SERVICE PROVIDED ON THE INTERNET AND ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED ARE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, HEREBY EXCLUDED.

  1. Limitation of Liability

In the event of any breach by Besify, its affiliates, suppliers, or agents, including any breach of a fundamental term of these Terms and Conditions or any negligence, your exclusive remedy shall be to terminate your access to the Services. Other than the foregoing remedy, under no circumstances shall Besify, its affiliates or its agents be liable to you or any third party for: (i) any direct, indirect, special, or consequential damages, including, without limitation, loss of profits and loss of business opportunities that result in any way from these Terms and Conditions, including your use of the Service or access to the Internet, Content or any part thereof, or your reliance on or use of information, services or merchandise provided on or through the Service, or that result from mistakes, omissions, interruptions, deletion or corruption of data, information or files, errors, defects, delays in preparations, or transmission, or failure of performance, or (ii) any losses or expenses (including legal fees) arising out of, or in connection with any allegation, claim, suit or other proceeding based upon a contention that the use of the Service by you or a third party through your account infringes the intellectual property rights or contractual rights of any third party.

  1. User Suspension

These Terms and Conditions may be terminated by you by ceasing to utilize the Services. Besify may suspend or restrict the Service, at any time without notice, or terminate these Terms and Conditions, including your right to access or use the Service, at any time if: (i) the operation or efficiency of the Service is impaired by your use of the Service; or (ii) you have breached of any term or condition of these Terms and Conditions. Besify shall have no responsibility to notify any third party providers of services, merchandise or information of such termination or suspension. Any termination of your right to use and/or access the Service and/or these Terms and Conditions shall not relieve you from any liability accruing hereunder prior to the time that such termination becomes effective.

  1. Third Party Beneficiary

The Service Provider(s) are third party beneficiaries of these Terms and Conditions and as such are entitled to its protections and may enforce the rights afforded by these Terms and Conditions.

  1. Miscellaneous

These Terms and Conditions and all documents and policies referenced herein, constitute the entire agreement and understanding between Besify and you pertaining to the subject matter hereof and shall supersede and replace all prior agreements, understandings and representations, written or oral, regarding such subject matter. Failure by Besify to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. If any of the provisions contained in these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein. Where any provision of these Terms and Conditions conflicts with an applicable tariff, the tariff shall supersede these Terms and Conditions only in respect of the conflicting provision. These Terms and Conditions shall be governed by and construed in accordance with the laws of the province of Ontario and the federal laws of Canada applicable therein. Besify may assign its rights and obligations under these Terms and Conditions to any affiliated entity without your prior written consent. You may not assign or transfer these Terms and Conditions. In no event shall Besify be liable for any failure to comply with these Terms and Conditions if such failure results from any condition or event beyond the reasonable control of Besify, including, but not limited to, fire, flood, earthquake, any elements of nature or acts of God, theft, riot, strike or other labour disturbance, power failure or war.

WEBSITE TERMS OF SERVICE

WEBSITE TERMS OF SERVICE

BESIFY INC. (“BESIFY”) PROVIDES THIS WEB SITE (THE “SITE”) TO YOU SUBJECT TO THESE TERMS AND CONDITIONS OF USE (THE “TERMS OF USE”). PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. BY ACCESSING OR USING THIS WEB SITE, YOU EXPLICITLY AGREE TO COMPLY WITH AND BE BOUND BY THESE SITE TERMS AND ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE HEREIN. IF YOU DO NOT AGREE TO ALL PROVISIONS OF THESE SITE TERMS, DO NOT USE THIS SITE.

These Terms of Use incorporate our Privacy Policy by reference, and set forth the terms and conditions that govern the use of this Site and that must be followed by any person or entity (User) that uses the Site.

  1. Acceptance of Terms of Use

By using this Site (which includes visiting the Site whether or not participating in any commerce) you agree to the terms and conditions set forth below and provided by Besify and to follow all applicable regulations that apply to this Site. If you do not agree to the Terms of Use you must stop using the Site.

  1. Conditions

Besify reserves the right to make changes to the Terms of Use and/or our Privacy Policy as we deem necessary or desirable without prior notification to Users. Such changes may include, among other things, the adding of certain fees or charges. We therefore suggest that all Users re-read the Terms of Use and Privacy Policy from time to time to be aware of any such changes. By using this Site after any such changes to the Terms of Use and/or Privacy Policy have been made you impliedly agree to the Terms of Use and Privacy Policy expressed herein and are deemed to accept such changes. Changes to the Terms of Use are effective immediately upon being posted to this Site, whether on this Terms of Use page or elsewhere on the Site. If you do not agree to any amended Site Terms, you must stop using the Site.

  1. Privacy Policy

Please refer to Besify’s Privacy Policy (the “Privacy Policy”) for information on how Besify collects, uses and discloses personally identifiable information from its users.

  1. Ownership & Copyright

Except as otherwise indicated, the Site, and all text, images, marks, logos and other content contained herein, including, without limitation, the Besify logo and all designs, text, graphics, pictures, information, data, software, sound files, other files, Content (as defined below) and the selection and arrangement thereof (collectively, the “Site Content”) are the proprietary property of Besify or its licensors and are protected by Canadian and international copyright laws. All rights to the Site Content are expressly reserved.

  1. Copyright & Trademarks

Besify, its logo and all other product or service names or slogans displayed on the Site are registered and/or common law trademarks of Besify and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Besify or the applicable trademark holder. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Besify and may not be copied, imitated or used, in whole or in part, without the prior written permission of Besify. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Besify.

Everything located on or in this Site is the exclusive property of Besify or used with express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF BESIFY INC. IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject End User to civil and /or criminal penalties.

  1. Limited License

Besify grants you a limited, non-sublicenseable license to access and use the Site and to view and print portions of the Site Content. Such license is subject to these Site Terms, and specifically conditioned upon the following: (i) you may only view, copy and print portions of the Site Content for your own informational and personal use (ii) you may not modify or otherwise make derivative uses of the Site or the Site Content, or any portion thereof; (iii) you may not use the Site or the Site Content other than for its intended purpose; and (iv) you may not reproduce, prepare derivative works from, distribute or display the Site or any Site Content (except for page caching), except as provided herein. Except as expressly permitted above, any use of any portion of the Site or Site Content without the prior written permission of Besify is strictly prohibited and will terminate the license granted herein.

Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Site Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

You represent and warrant that your use of the Site and the Site Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law. You expressly agree to indemnify Besify against any liability to any person arising out of your use of Site Content not in accordance with these Site Terms.

To request permission for uses of Site Content not included in the foregoing license, you may contact Besify at the address set out at the bottom of these Site Terms.

  1. Hyperlinks & Third Party Content

You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray Besify or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Besify logo or other proprietary graphic of Besify to link to the Site without the express written permission of Besify. Further, you may not use, frame or utilize framing techniques to enclose any Besify trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without Besifys express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Besify or any third party. Nothing contained on the Site may be construed as granting, by implication, estoppel or otherwise, any license or right to use any patent, trademark, copyright or other proprietary right of Besify or any third party without the prior written permission of Besify or such other party that may own such patent, trademark, copyright or other proprietary right(s).

The Site may contain links to third-party Web sites (“Third-Party Sites”) and third-party content (“Third-Party Content”) as a service to those interested in this information. You use links to Third-Party Sites, and any Third-Party Content therein, at your own risk. Besify does not monitor or have any control over, and makes no claim or representation regarding, Third-Party Content or Third-Party Sites. Besify provides these links only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply Besifys endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. Besify accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third-Party Content, Third-Party Sites, or Web sites linking to the Site. When you leave the Site, our terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

Under no circumstances will Besify be liable for any loss or damage caused by an end user’s reliance on information obtained through Besify. It is the Users responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through the Site and Third Party Sites.

  1. User Information, Registration Data, Email Alerts & Account Security

This Agreement sets forth the terms and conditions that govern the use of this Site by the User. By using this Site (other than to read this Agreement for the first time), End User agrees to comply with all of the terms and conditions set forth in this Agreement. The right to use this Site is given on an individual basis to a specific End User and is not transferable. Each End User is responsible for protecting the confidentiality of End User’s password(s), if any.

In order to use certain aspects of the website (including, but not necessarily limited to, accessing your account to view analytics data collected at your venue or establishment, or such other venue where you have elected to have installed Besify’s on-site WiFi service in accordance with the terms of an agreement between you and Besify), you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password; (c) maintain and promptly update the Registration Data, and any other information you provide to Besify, and to keep it accurate, current and complete; (d) consent, upon registration with the Site, to having your email address included on an email alert list for your city whereby you will be alerted by email of the offers presented for that city or cities. You can subscribe for additional email alert lists for additional cities by changing your preferences or unsubscribe from email alert list(s) at any time by clicking on the appropriate links in any email alert you receive; and (e) accept all risks of unauthorized access to the Registration Data and any other information you provide to Besify.

End User acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of Besify and that Besify shall not be responsible for any data lost while transmitting information on the Internet. While Besify endeavours to make the Site accessible 24 hours per day, 7 days per week, it is possible that the Site may be unavailable from time to time for any reason including but without limitation to routine maintenance. You understand, acknowledge and agree that due to circumstances, whether or not controllable by Besify, your access to the Site may be interrupted, suspended or terminated from time to time or generally.

Besify has the right to change or discontinue any aspect or feature of the Site and Besify’s business, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, Besify may discontinue any portion of the Site or any information disseminated or displayed or the method of such dissemination or display at any time.

  1. Advertisements & Promotions

Besify may, in its sole and absolute discretion, run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Besify, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Besify is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.

  1. Warranty Disclaimer

Except as expressly provided to the contrary in a writing by Besify, the Site, the materials contained therein and the services provided on or in connection therewith (the “Services”) are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied. Besify expressly disclaims all other warranties, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and noninfringement as to the Services, information, that the Site will be uninterrupted or error free, Content and materials on the Site. Besify does not represent or warrant that materials in the Site or the Services are accurate, complete, reliable, current or error-free, and expressly disclaims any warranty or representation as to the accuracy or proprietary character of the Site, the Site Content or any portion thereof.

Besify is not responsible for typographical errors or omissions relating to pricing, text or photography. While Besify attempts to make your access to and use of the Site and the Services safe, Besify cannot and does not represent or warrant that the Site or its server(s) are free of viruses or other harmful components; therefore, you should use industry-recognized software to detect and disinfect viruses from your computer on a regular basis.

  1. Limitation of Liability

You waive and covenant not to assert any claims or allegations of any nature whatsoever against Besify, its affiliates, its loyalty program partners, or their respective directors, officers, employees or agents (collectively, the “Besify Parties”) arising out of or in any way relating to your use of the Site, the Services, the Content or the materials contained in or accessible through the Site.

In no event shall the aggregate liability of the Besify Parties, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Site exceed any compensation you pay, if any, to Besify for access to or use of the Site.

  1. Privacy & User Communications

Besify will only use personal information you provide to Besify in accordance with the Privacy Policy. You hereby consent and agree to the use and disclosure of your personal information in accordance with the Privacy Policy.

Besify is under no obligation to refrain from reproducing, publishing or otherwise using communications other than personal information, you send to or receive from Besify by electronic mail or other electronic means, including any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose, including the developing, manufacturing and/or marketing or products or services incorporating such information.

  1. Applicable Law & Venue

The Site (excluding Third-Party Sites) is controlled by Besify and operated by it from its offices in Toronto, Ontario. While Besify has made no effort to publish the Site elsewhere, the Site is accessible in all Provinces of Canada and in other countries. You and Besify both benefit from establishing a predictable legal environment in regard to the Site. Therefore, you and Besify explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Site will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein.

Except where prohibited by applicable law, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether preexisting, present or future) arising out of or relating to these Site Terms; (b) the Services; (c) oral or written statements, advertisements or promotions relating to these Site Terms or to the Services; or (d) the relationships that result from these Site Terms or the Services (collectively, a “Claim”) will be referred to and determined by a sole arbitrator (to the exclusion of the courts). Except where prohibited by applicable law, you waive any right you may have to commence or participate in any class action against Besify related to any Claim and, where applicable, you also agree to opt out of any class proceedings against Besify. If you have a Claim, you should give written notice to arbitrate at the address specified below. If we have a Claim, we will give you notice to arbitrate at your address provided in your Registration Data. Arbitration will be conducted by one arbitrator pursuant to the commercial arbitration laws and rules in effect on the date of the notice in the Province of Ontario.

To the extent arbitration as described in the immediately preceding paragraph is prohibited by applicable law, you agree that all Claims will be heard and resolved in a court of competent subject matter jurisdiction located in Toronto, Ontario. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.

If you choose to access the Site from locations other than Ontario, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify Besify for your failure to comply with any such laws.

  1. Termination/Modification of License & Site Offerings

Notwithstanding any provision of these Terms of Use, Besify reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your license to use the Site, or any portion thereof; (b) block or prevent your future access to and use of all or any portion of the Site, Site Content or Services; (c) change, suspend or discontinue any aspect of the Site, Site Content or Services; and (d) impose limits on the Site, Site Content or Services.

  1. Miscellaneous

If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. Besify may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of Besify, and any such attempted assignment will be void and unenforceable. These Terms of Use constitute the entire agreement between you and Besify regarding your use of the Site, and supercede all prior or contemporaneous communications whether electronic, oral or written between you and Besify regarding your use of the Site. The parties confirm that it is their wish that these Terms of Use, as well as any other documents relating to these Terms of Use, including notices, have been and shall be drawn up in the English language only. Les parties aux presentes confirment leur volont que cette convention, de mme que tous les documents, y compris tous avis, annexes et autorisations s’y rattachant, soient rdigs en langue anglaise seulement.

  1. Questions & Comments

If you have any questions regarding these Terms of Use or your use of the Site, please contact us here:

Besify Inc.
32 South Unionville Ave – Unit 2031
Maple, ON
CANADA
L3R 9S6