Terms & Conditions
OVERVIEW
This website is operated by MobiBlossom Solutions Inc., doing business as Vancubers. Throughout the site, the terms “we”, “us”, and “our” refer to MobiBlossom Solutions Inc. MobiBlossom Solutions Inc. offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including, without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site or physical premises, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website after posting any changes constitutes acceptance of those changes.
SECTION 1 – ONLINE STORE TERMS
- Age of Majority: By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence. If you are not the age of majority, you represent that you have obtained the consent of your legal guardian or parent to use this site and to allow any of your minor dependents to use this site.
- Prohibited Uses: You may not use our products for any illegal or unauthorized purpose. In your use of the Service, you must not violate any laws in your jurisdiction, including but not limited to copyright laws. You must not transmit any worms, viruses, or any code of a destructive nature.
- Payment Processing: We utilize third-party services, including PayPal and Square, for payment processing. We do not handle or store credit card information on our site. All payment information is processed through these third parties, and we maintain PCI-DSS compliance to ensure the security of your financial information.
- Personally Identifiable Information (PII): We store personally identifiable information (PII) such as name, address, email, and phone number. This information is not shared with any third party other than our payment processors, PayPal and Square, to complete the validation and payment process. We take appropriate measures to safeguard your PII and comply with relevant data protection regulations.
- Prepayment Requirement: All purchases must be prepaid before receiving services. No services will be rendered until payment has been successfully processed and confirmed.
- Breach of Terms: A breach or violation of any of the Terms will immediately terminate your Services. We reserve the right to terminate your access to the Service at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users of the Service, us, or third parties, or for any other reason.
- Legal Compliance: You agree to comply with all applicable laws, regulations, and ordinances related to your use of the Service and your purchase of products or services through our site. This includes but is not limited to, compliance with local, provincial, national, and international laws and regulations.
- Governing Law: These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada, without regard to its conflict of law principles.
SECTION 2 – GENERAL CONDITIONS
- Right to Refuse Service: We reserve the right to refuse service to anyone without prior notice.
- Content and Data Transfer: You understand that your content (excluding credit card information) may be transferred unencrypted and may involve:
- Transmissions over various networks.
- Changes to conform and adapt to technical requirements of connecting networks or devices.
Credit card information is always encrypted during network transfer to ensure data security.
- Prohibited Uses: You agree not to reproduce, duplicate, copy, sell, resell, or exploit any Service portion, use of the Service, or access to the Service or any contact on the website through which the Service is provided without express written permission from us.
- Headings: The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
- General Disclaimer: We do not warrant that the information made available on this site is accurate, complete, or current. The material on this site is provided for general informational purposes only. It should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, complete, or timely sources of information.
- User Responsibility: Any reliance on the material on this site is at your own risk. You acknowledge that it is your responsibility to verify the accuracy and completeness of all information before making any decisions based on such information.
- Historical Information: This site may contain certain historical information. Historical information is not current and is provided for your reference only. We make no representation or warranty regarding the accuracy, completeness, or currentness of any historical information available on this site.
- Content Modification: We reserve the right to modify the contents of this site at any time without notice. However, we have no obligation to update any information on our site. You agree that you are responsible for monitoring changes to our site and reviewing the information periodically for any updates or changes.
- No Obligation to Update: While we strive to keep the information on our site accurate and up-to-date, we are not obligated to update or correct any information on the site, whether it is historical, current, or otherwise. We may update the site at our discretion and as necessary.
- No Liability for Errors: We shall not be liable for any errors, inaccuracies, or omissions in the information provided on the site, nor for any loss or damage resulting from your reliance on the information. This includes any indirect, incidental, consequential, or punitive damages arising from or related to the use of, or inability to use, the information on the site.
- Third-Party Information: This site may include information provided by third parties for which we do not assume responsibility. We do not guarantee any third-party information’s accuracy, completeness, or timeliness and shall not be liable for any reliance on such information.
- Governing Law: These terms regarding the accuracy, completeness, and timeliness of information are governed by and construed in accordance with the laws of the Province of British Columbia, Canada, without regard to its conflict of law principles.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
- Price Changes: Prices for our products and services are subject to change without notice. We reserve the right to modify or update our pricing at any time. Any changes in prices will take effect immediately upon being posted on the website unless otherwise stated.
- Modification of Services: At our sole discretion, we reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without prior notice. This includes, but is not limited to, adding, removing, or altering features, functionalities, or offerings.
- Discontinuation of Services: We may, at any time, discontinue the Service or any part of it, temporarily or permanently, without prior notice. We are not obligated to provide such notice.
- Third-Party Liability: We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service. This includes any potential loss of profits, revenue, or data due to such changes.
- Customer Responsibility: You are responsible for reviewing any changes to our pricing, services, or terms periodically. Your continued use of the Service following any changes indicates your acceptance.
- Prepaid Services: In the event of a discontinuation of a prepaid service, we will provide notice as soon as reasonably possible and offer a prorated refund or alternative arrangement at our discretion.
- Force Majeure: We shall not be held responsible for any failure or delay in performing our obligations under these Terms if such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to natural disasters, war, strikes, labor disputes, governmental orders, or any other force majeure event.
- Governing Law: Any modifications to the Service and prices will be governed by and construed in accordance with the laws of the Province of British Columbia, Canada, without regard to its conflict of law principles.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
- Availability and Limitations: Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only per our Return Policy. We reserve the right but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.
- Product Descriptions and Pricing: All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We have made every effort to display the colors and images of our products as accurately as possible in the store. However, we cannot guarantee that your computer monitor’s display of any color will be accurate.
- Quality and Expectations: We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations or that any errors in the Service will be corrected.
Virtual Office:
- Business Hours: Mail pickup, mail scanning, and parcel receiving are available only during business hours and are not available on weekends or holidays.
- Mail Receipt: We do not guarantee the receipt of any mail from the sender, as this is the responsibility of the postal company or courier.
- Package Acceptance: We do not guarantee acceptance of packages larger than the sizes listed on our website.
- Mail and Package Security: We cannot guarantee the safety and security of your mail or packages in case of a break-in or theft.
- Identification Requirement: We reserve the right to inspect your government-issued ID to verify your identity as a legal representative authorized to pick up mail.
- No Lease Agreement: A Virtual Office is not a lease agreement. No physical space is being rented to you, and this service cannot be used as proof of renting property in Vancouver.
- Approved Uses: A Virtual Office can be used as an official office address for the City of Vancouver’s business licensing, a registered address for business incorporation, for verification purposes, for receiving mail, packages, and courier deliveries, or for obfuscating your personal home address.
- Subscription Limitation: Each Virtual Office subscription is limited to one business only. Up to five individuals may be designated for mail pickup under a single subscription.
- Forms and Mailbox Assignment: Customers who sign up for a Virtual Office outside of business hours will be contacted on the next business day via email to complete required forms and receive their mailbox information.
- Terms Binding: Customers are bound solely by the terms outlined in this agreement.
Hot Desk:
- Business Hours: Hot Desk access is available only during regular business hours. Any customer remaining on the premises after business hours violates our terms and conditions.
- Availability: Hot Desk services are unavailable on weekends, public holidays, or outside regular business hours.
- Personal Belongings: We disclaim any responsibility for customers’ personal belongings being lost, stolen, or damaged when they rent a Hot Desk.
- Safety and Security: We do not assume any responsibility for the safety and security of customers on our premises.
- Injuries: We are not liable for any injuries sustained by customers while on our premises. Customers use the premises at their own risk.
- Internet Service: We do not guarantee internet service availability, reliability, or speed. Use of the internet service is at your own risk, and we are not responsible for any interruptions or issues that may arise.
- Data Security and Privacy: We do not guarantee the security or privacy of any data or communications transmitted over our network. Users are responsible for securing their own devices and data.
- Property Damages: The customer is liable for any damages caused to our property while using the Hot Desk facilities.
- Desk Placement and Disturbances: We do not guarantee specific desk placement or the absence of disturbances from other tenants or employees. The nature of a shared workspace means that interruptions may occur.
- Booking Limitation: Each Hot Desk booking is limited to one person per desk. Multiple individuals sharing a single booking is prohibited.
Ultimate Desk:
- Business Hours: Ultimate Desk access is available only during regular business hours. Any customer remaining on the premises after business hours violates our terms and conditions.
- Availability: Ultimate Desk services are unavailable on weekends, public holidays, or outside regular business hours.
- Personal Belongings: We disclaim any responsibility for losing, stealing, or damaging customers’ personal belongings when they rent an Ultimate Desk.
- Safety and Security: We do not assume any responsibility for the safety and security of customers on our premises.
- Injuries: We are not liable for any injuries sustained by customers while on our premises. Customers use the premises at their own risk.
- Internet Service: We do not guarantee availability, reliability, or speed. Use of the internet service is at your own risk, and we are not responsible for any interruptions or issues that may arise.
- Data Security and Privacy: We do not guarantee the security or privacy of any data or communications transmitted over our network. Users are responsible for securing their own devices and data.
- Property Damages: The customer is liable for any damages caused to our property while using the Ultimate Desk facilities.
- Desk Placement and Disturbances: We do not guarantee specific desk placement or the absence of disturbances from other tenants or employees. The nature of a shared workspace means that interruptions may occur.
- Booking Limitation: Each Ultimate Desk booking is limited to one person per desk. Multiple individuals sharing a single booking is prohibited.
Dedicated Desk:
- Inquiry and Purchase: A Dedicated Desk is listed but cannot be purchased on our site. If you have any inquiries, please contact [email protected].
- Lease Agreement: Dedicated Desk rentals require a lease agreement with terms and conditions separate from these Terms of Service.
- Desk Placement and Disturbances: We do not guarantee specific desk placement or that you will not be disturbed by any other tenant or employee.
- Internet Service: We do not guarantee internet service availability, reliability, or speed. Use of the internet service is at your own risk, and we are not responsible for any interruptions or issues that may arise.
- Data Security and Privacy: We do not guarantee the security or privacy of any data or communications transmitted over our network. Users are responsible for securing their own devices and data.
- Identification and Emergency Contact Information: We require a copy of a government-issued ID and a completed form with your contact information, as well as the contact information of an emergency contact person.
- Booking Limitation: Each Dedicated Desk booking is limited to one person per desk. Multiple individuals sharing a single booking is prohibited.
Boardroom Rentals:
- Business Hours: Boardroom rentals are available only during business hours. Anyone staying past their pre-booked time violates our terms and conditions.
- Safety and Security: We do not guarantee the safety and security of any customer on our premises.
- Personal Belongings: We are not responsible for any belongings of a customer who rents the boardroom.
- Injuries: We are not liable for any injuries sustained by customers while on our premises.
- Internet Service: We do not guarantee internet service availability, reliability, or speed. Use of the internet service is at your own risk, and we are not responsible for any interruptions or issues that may arise.
- Data Security and Privacy: We do not guarantee the security or privacy of any data or communications transmitted over our network. Users are responsible for securing their own devices and data.
- Property Damages: The customer is responsible for any damages caused to our property while using the boardroom facilities.
- Booking Limitation: Each boardroom booking is limited to up to 12 persons persons at a time.
Prepayment Requirement: Prepayment is required before receiving services for all products and services. We reserve the right to discontinue services for anyone who violates our terms and conditions.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
- Right to Refuse Orders: We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
- Order Modifications: If we change or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
- Customer Information: You agree to provide current, complete, and accurate purchase and account information for all purchases at our store. This includes promptly updating your account and other information, such as your email address, credit card numbers, and expiration dates so that we can complete your transactions and contact you as needed.
- Account Maintenance: You are responsible for ensuring that your account information is accurate and up-to-date. Failure to do so may result in delays or the inability to complete your transactions.
- Returns Policy: For more details on returns and exchanges, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
- Third-Party Tools Access: We may provide you access to third-party tools we neither monitor nor have any control or input. These tools are provided solely for your convenience.
- “As Is” and “As Available”: You acknowledge and agree that we provide access to such tools on an “as is” and “as available” basis without any warranties, representations, or conditions of any kind and without any endorsement. We disclaim any liability arising from or relating to your use of optional third-party tools.
- User Responsibility: Your use of optional tools offered through the site is entirely at your own risk and discretion. You are responsible for ensuring that you are familiar with and approve of the terms on which these tools are provided by the relevant third-party provider(s).
- No Endorsement: Our providing access to these tools does not constitute an endorsement or recommendation. We do not warrant their quality, functionality, or performance.
- Future Services and Features: We may also offer new services and/or features through the website in the future (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
- Inclusion of Third-Party Materials: Certain content, products, and services available via our Service may include materials from third parties.
- Third-Party Links: Third-party links on this site may direct you to third-party websites not affiliated with us. We do not control or monitor these websites and are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites. We do not warrant and will not have any liability or responsibility for third-party materials, products, or services.
- No Liability for Third-Party Transactions: We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or other transactions connected with any third-party websites. It is your responsibility to review carefully the third party’s policies and practices and ensure that you understand them before you engage in any transaction.
- Third-Party Policies: Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party. We recommend that you familiarize yourself with the privacy policies, terms of service, and other applicable policies of any third-party websites before providing personal information or engaging in any transactions.
- Indemnification: You agree to indemnify, defend, and hold harmless MobiBlossom Solutions Inc., doing business as Vancubers, from and against any claims, damages, or losses arising out of or related to your use of third-party websites, products, or services.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
- Submission of Comments: If, at our request, you send certain specific submissions (for example, contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us.
- No Obligation: We are and shall be under no obligation:
- To maintain any comments in confidence;
- To pay compensation for any comments;
- To respond to any comments.
- Monitoring and Removal: We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or that violates any party’s intellectual property or these Terms of Service.
- Rights and Responsibilities: You agree that your comments will not violate any rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material or contain any computer virus or other malware that could affect the operation of the Service or any related website.
- Accuracy and Misrepresentation: You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments you or any third party posted.
- Indemnification: You agree to indemnify, defend, and hold harmless MobiBlossom Solutions Inc., doing business as Vancubers, from and against any claims arising out of or relating to any comments you submit, including any third-party claims asserting infringement of intellectual property rights or other proprietary rights.
SECTION 10 – PERSONAL INFORMATION
1. Introduction
MobiBlossom Solutions Inc., doing business as Vancubers (“we,” “us,” “our”), is committed to protecting your privacy and ensuring that your personal information is handled safely and responsibly. This Privacy Policy outlines how we collect, use, disclose, and safeguard your personal information in compliance with Canadian privacy laws, including the Personal Information Protection and Electronic Documents Act (PIPEDA).
2. Collection of Personal Information
We may collect personal information from you in a variety of ways, including, but not limited to, when you visit our site, register on the site, place an order, subscribe to our newsletter, fill out a form, and in connection with other activities, services, features, or resources we make available on our site. Personal information we may collect includes:
- Name
- Address
- Email address
- Phone number
- Payment information (processed through third-party services such as PayPal and Square)
- Any other information you voluntarily provide to us
3. Use of Personal Information
We use your personal information for the following purposes:
- To provide, operate, and maintain our services
- To improve, personalize, and expand our services
- To process transactions and send you related information, including purchase confirmations and invoices
- To communicate with you, including responding to your comments, questions, and requests, and providing customer service and support
- To send you technical notices, updates, security alerts, and support and administrative messages
- To send you marketing and promotional communications unless you have opted out of such communications
- To monitor and analyze trends, usage, and activities in connection with our services
- To detect, prevent, and address technical issues
- To comply with legal obligations
4. Disclosure of Personal Information
We do not sell, trade, or otherwise transfer your personal information to outside parties except as described below:
- Third-Party Service Providers: We may share your personal information with third-party service providers who assist us in operating our site, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. Examples include payment processors such as PayPal and Square.
- Legal Requirements: We may disclose your personal information if required by law or in response to valid requests by public authorities (e.g., a court or a government agency).
- Business Transfers: Your personal information may be transferred as part of a merger, acquisition, or sale of all or a portion of our assets.
5. Security of Personal Information
We implement appropriate technical and organizational measures to protect your personal information against accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or access. However, please be aware that no method of transmission over the Internet or method of electronic storage is 100% secure, and we cannot guarantee the absolute security of your personal information.
6. Retention of Personal Information
We retain your personal information only for as long as necessary to fulfill the purposes for which it was collected, as outlined in this Privacy Policy, and to comply with applicable laws.
7. Your Rights
Under Canadian privacy laws, you have the following rights regarding your personal information:
- Access: You have the right to request access to the personal information we hold about you.
- Correction: You have the right to request correction of any inaccurate or incomplete personal information.
- Withdrawal of Consent: You have the right to withdraw your consent to the collection, use, or disclosure of your personal information at any time, subject to legal or contractual restrictions.
- Deletion: You have the right to request the deletion of your personal information, subject to legal or contractual restrictions.
To exercise any of these rights, please get in touch with us using the contact information provided below.
8. Changes to this Privacy Policy
We may update this Privacy Policy from time to time to reflect changes in our practices or for other operational, legal, or regulatory reasons. We will post the revised policy on this page and update the “Last Updated” date at the top of this policy. Your continued use of our site after such changes constitutes your acceptance of the revised Privacy Policy.
9. Contact Information
If you have any questions about this Privacy Policy, please get in touch with us at:
MobiBlossom Solutions Inc.
Email: [email protected]
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
- Potential Errors: Occasionally, there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability.
- Right to Correct: We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
- No Obligation to Update: We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or related website has been modified or updated.
- Scope of Information: We do not commit to ensuring that the information in the Service or on any related website is accurate, complete, or current. The Service material or any related website is provided for general information only. It should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, complete, or timely sources of information.
- User Responsibility: You acknowledge and agree that you are responsible for monitoring changes to our site and verifying any information before relying on it.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as outlined in these Terms of Service, you are prohibited from using the site or its content for any of the following purposes:
(a) For any unlawful purpose; (b) To solicit others to perform or participate in any unlawful acts; (c) To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) To infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) To submit false or misleading information; (g) To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) To collect or track the personal information of others; (i) To spam, phish, pharm, pretext, spider, crawl, or scrape; (j) For any obscene or immoral purpose; or (k) To interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses listed above.
If you have any questions regarding prohibited uses or require further clarification, please contact us directly.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
- Service Performance: We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results obtained from using the service will be accurate or reliable.
- Service Availability: You agree that we may temporarily remove or cancel the service at any time without notice.
- Use at Your Own Risk: You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
- Limitation of Liability: In no case shall MobiBlossom Solutions Inc., doing business as Vancubers, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
- Jurisdictional Limitations: Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless MobiBlossom Solutions Inc., doing business as Vancubers, and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of:
- Breach of Terms: Your breach of these Terms of Service or the documents they incorporate by reference.
- Violation of Law: You violate any law, regulation, or ordinance.
- Violation of Rights: Your violation of the rights of any third party, including but not limited to intellectual property rights, privacy rights, or other personal or proprietary rights.
- Acts and Omissions: Any acts or omissions by you, including those resulting from your use of the Service.
This indemnification obligation will survive the termination or expiration of these Terms of Service and your use of the Service.
SECTION 15 – SEVERABILITY
- Enforceability: In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law.
- Severance of Unenforceable Provisions: The unenforceable portion shall be deemed to be severed from these Terms of Service. Such severance shall not affect the validity and enforceability of any other remaining provisions.
- Preservation of Intent: The parties agree that the intent of the unenforceable provision, to the extent legally possible, shall be preserved and enforced to the maximum extent permitted by law.
- Continuity: The remaining provisions of these Terms of Service shall remain in full force and effect and continue to be binding and enforceable.
SECTION 16 – TERMINATION
- Survival of Obligations: The obligations and liabilities of the parties incurred before the termination date shall survive the termination of this agreement for all purposes. This includes, but is not limited to, payment obligations, confidentiality obligations, and any other terms that, by their nature, should survive termination.
- Effective Period: These Terms of Service are effective unless and until terminated by you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or when you cease using our site.
- Termination by Us: If, in our sole judgment, you fail, or we suspect that you have been unable to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice. You will remain liable for all amounts due up to and including the termination date upon termination. Additionally, we may deny you access to our Services (or any part thereof).
- Notice of Termination: We may provide notice of termination via email, phone, or any other contact information you have provided. However, failure to provide such notice does not affect the validity of the termination.
- Effect of Termination: Upon termination of these Terms of Service, your right to use the Services will immediately cease. All provisions of these Terms of Service that should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
- No Refunds: Termination of this agreement by us due to your breach or suspected breach does not entitle you to any refunds of prepaid amounts.
SECTION 17 – ENTIRE AGREEMENT
- No Waiver: The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by an authorized representative of MobiBlossom Solutions Inc.
- Entire Agreement: These Terms of Service, along with any policies or operating rules posted by us on this site or in respect to the Service, constitute the entire agreement and understanding between you and us. They govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
- Interpretation of Ambiguities: Any ambiguities in interpreting these Terms of Service shall not be construed against the drafting party. Both parties agree that the terms and conditions herein shall be construed fairly and equitably.
- Severability: If any provision of these Terms of Service is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
- Modifications and Amendments: Any modifications or amendments to these Terms of Service must be made in writing and signed by an authorized representative of MobiBlossom Solutions Inc. No oral modifications will be considered valid.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada, without regard to its conflict of law principles.
- Jurisdiction: You agree that any legal action or proceeding arising out of or relating to these Terms of Service or your use of the Service shall be brought exclusively in the courts located in the Province of British Columbia, Canada. You hereby irrevocably consent to the personal jurisdiction and venue of such courts.
- Compliance with Laws: You agree to comply with all local, provincial, national, and international laws, statutes, ordinances, and regulations that apply to your use of the Service and these Terms of Service.
- Severability: If any provision of these Terms of Service is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
- Waiver: Our failure to enforce any right or provision of these Terms of Service will not be considered a waiver of those rights. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by an authorized representative of MobiBlossom Solutions Inc.
- Entire Agreement: These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
SECTION 19 – CHANGES TO TERMS OF SERVICE
- Review of Current Terms: You can review the most current version of the Terms of Service at any time on this page. It is your responsibility to stay informed of any updates.
- Right to Modify: We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. Such modifications shall be effective immediately upon posting.
- User Responsibility: You are responsible for checking our website periodically for changes. We recommend regularly reviewing the Terms of Service to stay informed about any updates or modifications.
- Acceptance of Changes: Your continued use of or access to our website or the Service after posting any changes to these Terms of Service constitutes your acceptance of those changes. If you disagree with the new terms, stop using the website and the Service immediately.
- Notification of Changes: While we may attempt to notify you of significant changes to these Terms of Service, we are not obligated to do so. You are responsible for ensuring that your contact information is current and monitoring updates.
- Binding Agreement: By continuing to access or use our website or the Service after any revisions become effective, you agree to be bound by the revised Terms of Service. If you do not agree to the new terms, please discontinue the use of the Service and notify us of your termination.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at: Contact Us.