Terms and Conditions
Last update: April 26th, 2015
BUDGETO is an online budgeting service (hereinafter the "Service") for start-ups, small and mid-size businesses. By accessing the websites https://www.budgetoapp.com/, https://www.budgeto.ca/ and http://www.budgeto.com/ (collectively: the "Website"), of 9261-8644 Québec Inc. ("BUDGETO"), you (hereinafter "You" or the "User") accept all the terms and conditions of use of the Website (hereinafter the "Terms and Conditions") set forth therein and acknowledge to be bound by them. Furthermore, by browsing the Website or activating any or all of the hyperlinks of the Website, You confirm your acceptance of the present Terms and Conditions and your understanding of its scope of application are presumed.
If You disagree with the Terms and Conditions set forth therein, please immediately discontinue browsing the Website by ending your session.
BUDGETO reserves its right to revise and modify the terms of the present Terms and Conditions at any time without prior notice. Following the modifications of the present Terms and Conditions, the continued use of the Website will constitute your acceptance of these modifications. You are invited to periodically review the present Terms and Conditions and any modifications thereto.
Use of the masculine gender throughout this document includes the feminine gender and is to be understood as meaning "person".
Use of the Website and acceptance of the Terms and Conditions
BUDGETO grants you the right to access and use the Service via the Website with the particular user roles available to you according to your subscription type. This right is non-exclusive, non-transferable, and limited by and subject to this Terms and Conditions.
Membership in the Service is void where prohibited by law. It is not available to users who have been suspended or removed from the Service for any reason.
Restricted Licence of the Website Use
For purposes of browsing on the Website, BUDGETO hereby grants to the User a restricted licence allowing the User to access, display, print, download and use the Website in HTML language as well as all the texts, audio clips and video clips, provided that such access and use is made for non-commercial and personal purposes only and that the User comply with the following conditions:
- No content modification of the Website is made;
- Every copy and reproduction of the content of the Website shall carry the following copyright notice: © 2015, 9261-8644 Québec Inc. All rights reserved.
With the exception of the restricted licence mentioned above, no other use of the intellectual property rights of BUDGETO is permitted without obtaining the prior written consent of BUDGETO. To do so, the User is invited to contact the Webmaster of BUDGETO at the following address: email@example.com.
Notwithstanding the generality of the foregoing, every User of the Website agrees not to use any techniques or methods permitting or allowing reproduction, download, transmission, distribution, division, sale, publication or modification, or any partial or complete use of the content of BUDGETO's Website in violation of the Copyright Act, any international treaties applying to the copyrights or other applicable legislation, notably, by using deep links or framing techniques.
In order to allow access to the Website or on-line transactions, BUDGETO may authorize the User to download software and/or computer applications from the Website or other Internet sources. These software and/or computer applications are protected by copyrights. Their download and use are governed by the specific licence agreements in regard to these software and/or computer applications. Should You download any such software or computer applications, You undertake to comply with the terms and conditions of the specific license agreements relating to the use of the software and/or computer applications.
Subscription & Termination
BUDGETO reserves the right to require payment of fees for certain features of the Service. Should you elect to subscribe to such features, you shall pay all applicable fees, as described on the Website, in connection with such features. BUDGETO reserves the right to change its pricing and to institute new charges at any time. Use of the Service by You following such changes constitutes your acceptance of any new charges.
BUDGETO may terminate your membership, delete your profile and any content or information that you have posted on the Website or through any platform application and/or prohibit you from using or accessing the Service or the Site or any platform application (or any portion, aspect or feature of the Service or the Site or any platform application) which may result in the forfeiture and destruction of all information associated with your membership, for any reason, or no reason, at any time in its sole discretion, with or without notice, effective immediately.
You can unsubscribe at any time. For each Annual Membership a minimum period of 365 days is charged. No refund of any part of this paid membership is made if the member chooses to cancel a subscription during any time period of the term.
Account and Password Information
The User who sets up a personal account on the Website is responsible for taking all necessary measures to restrict the access to his account, password and username or personal identifier to anyone. The User undertakes to maintain the confidentiality of his account, password, username and/or personal identifier and shall not authorize someone else to use such data. The User is the sole and only responsible of his personal account. The User remains responsible to promptly inform BUDGETO by written notice of any problem, current or potential, affecting his account, password, username or personal identifier. In such a case, the User shall contact BUDGETO by e-mail at the following address: firstname.lastname@example.org.
Accuracy of the Information
The Website of BUDGETO was conceived as an aid to assist You in building budgets for business. BUDGETO uses its best efforts to assure that the compilation of the information contained on the Website is accurate as much as possible at its initial presentation. Nevertheless, some information may, from time to time, become erroneous, incomplete or inexact. Also, the information contained on the Website may become outdated.
The Website of BUDGETO is governed by some technological, technical, graphic and typographic standards which are, in some cases, beyond the control of BUDGETO. In no circumstances, BUDGETO shall be held responsible for any prejudice or damages, direct or indirect, resulting from the loss of computer, server, other computer equipment, program and/or data, or any other loss or technical problems, suffered by the User while browsing or using the Website.
Should the User finds errors or inexact information contained on the Website or experiences technical difficulties while using the Website, the User accepts to notify BUDGETO's Webmaster without any delay, by e-mail, at the following address: email@example.com.
With the exception of the works of authorship licensed and/or the hyperlinks appearing on the Website, BUDGETO is the sole owner of all the intellectual property rights in connection with the content of the Website including, but not limited to, the articles, texts, pictures, images, illustrations, audio clips, video clips, User interface as well as data and database.
Without limiting the foregoing, BUDGETO is the sole and exclusive owner of the trade-marks used on the Website or, otherwise, they belong to their respective owners. The User agrees not to use any trade-marks displayed on the Website without obtaining a prior written consent from BUDGETO or their respective owners. BUDGETO may be the owner of trade-marks related to names, words, advertising slogans, logos, drawings, and graphics that may be displayed, from time to time, on the Website.
In the event a third party trade-mark is displayed on the Website through a hyperlink or otherwise, the inclusion of such hyperlink by BUDGETO shall not be construed a "use" of this trade-mark within the meaning of the Trade-marks Act and/or a representation from BUDGETO that it is an affiliate or an associated owner of such trade-mark.
The Website of BUDGETO may contain hyperlinks redirecting the User to other external websites owned by third parties, hosted on external servers, different from the one of BUDGETO. The User acknowledges that, by the activation of such hyperlinks, the User automatically leaves the Website of BUDGETO. The activation of hyperlinks redirecting to external websites shall not be interpreted as an affiliation or association that may bind BUDGETO to the owner of the external websites' rights.
Given that BUDGETO cannot exercise any control over the content of external websites, BUDGETO shall not be held responsible for any prejudice and damages that may result from the inaccuracy or non-conformity of the external websites' content. Activation of the hyperlinks displayed on the Website is made at the User's own risk.
Communication by email or by other electronic means
BUDGETO may communicate with a User by emails or other electronic means such as texts or even social media messages, in particular with Users who have subscribed to a free subscription, who have made the purchase of products and/or services, sent information requests, enrolled to publicity contests, signed up to one of its newsletters or one of the pages of BUDGETO on social media (such as LinkedIn, Facebook, Twitter, Instagram or Pinterest). The communications made by or with BUDGETO may be considered commercial electronic messages ("CEM") pursuant to Canada's Anti-Spam Legislation ("CASL") and its related regulations. Even if CASL may exempt BUDGETO from seeking consent from a User before the sending of a CEM, BUDGETO has a policy of seeking the express consent of a User prior to the sending of a CEM in addition of allowing any given User the ability to unsubscribe in order to cease, at its will, from receiving CEMs from BUDGETO by clicking on a "unsubscribe" icon or by sending an email at the address firstname.lastname@example.org or by communicating by telephone at the following number 1-844-899-9949. If You believe that You received a CEM from BUDGETO while You should have not, You are invited to immediately contact the appropriate representative at the coordinates hereunder and BUDGETO will undertake the reasonably necessary steps to rectify the situation in a timely manner (within 10 business days).
BUDGETO makes no representation or warranty in regard of the functionality of the Website, the suitability for use, or that its use will be uninterrupted or error-free. BUDGETO makes no representation or warranty that the server from which the Website is operated is or will be free from viruses or other harmful components. THE COMPONENTS OF THE WEBISTE ARE PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTY, EXPRESSED OR IMPLIED OF ANY NATURE WHATSOEVER. BUDGETO AND ITS LICENSORS DISCLAIM ALL WARRANTIES OR CONDITIONS, WRITTEN OR ORAL, LEGAL OR CONVENTIONAL, INCLUDING THE WARRANTY OF QUALITY, DURABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE. The exclusions mentioned in this present provision are in addition to any specific exclusion provided in the present Terms and Conditions. Some federal or provincial laws do not allow the exclusion of certain warranties; as a result, the present provision of the Agreement may not apply to You.
The Terms and Conditions are subject to the following general provisions:
The Terms and Conditions as well as its execution, interpretation, validity and effects are subject to the laws of the Province of Quebec and to the applicable laws of Canada.
If any provision of the Terms and Conditions is deemed to be invalid, non-written or unenforceable, such provision shall be deemed severable and shall not affect the validity and enforceability of any other remaining provisions of the Agreement.
Any dispute or claim arising out of, relating to, or having any connection with the present Terms and Conditions, shall be referred to and finally resolved by a sole arbitrator (hereinafter "Arbitration Tribunal" or "Arbitrator") according to the following procedure: a party intending to submit a dispute to the Arbitration Tribunal must notify the other party of his request to refer to a sole arbitrator approved by all concerned parties, specifying the matter in dispute.
If the parties fail to concur on the choice of a sole arbitrator within a period of fifteen (15) days from the date of service of the notice, a sole arbitrator shall be appointed by a judge sitting in the judicial district of Quebec. The arbitration award will be final and without appeal and will bind the parties and shall be made by the Arbitrator in the best possible delay. The fees and costs of arbitration shall be shared equally between the parties unless the Arbitrator decides otherwise, as he may, at its sole discretion. The arbitration is subject to the provisions of the Civil Code of Quebec and the Code of Civil Procedure. Some laws do not allow mandatory arbitration. As a result, the present provision may not apply to You.
Notwithstanding the previous arbitration provision or any other provision of these Terms and Conditions, BUDGETO shall have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect its trade-marks or other intellectual property rights or confidential information or to preserve the status quo during the pending arbitration.
Notice and Communications
The notice requested or approved according to the present Terms and Conditions must be made in writing and shall be considered validly received when sent by e-mail or certified mail at the following address:
C/O: Customer Service
9261-8644 QUÉBEC INC.
1635 rue de Saint-Denis
Toll free: 1-844-899-9949
This Website is controlled and operated by BUDGETO from Quebec City, Quebec, Canada. BUDGETO makes no representation that the product and price information on the Website is appropriate or available for use in Canada and in the United States of America. Anyone who decides to access the Website from another province or territory does so willingly and shall comply with all local applicable laws, as the case may be.