Effective as of January 1, 2019
Last Updated November 19, 2020
Thank you for visiting the Website (as defined below) and using our Services (as defined below). The use of the Website and the purchase of Services on the Website are governed by the Terms of Service (as defined below), which set forth our and your mutual agreement as to our and your respective rights and responsibilities when you use the Website and/or purchase Services.
A) Terms and Conditions
Terms in the Terms of Service that are capitalized, shall have the meanings set out below:
(a) “include” or “including” means “include without limitation” or “including without limitation”;
(b)“Liability” means any and all liabilities, damages (including damages that are actual, direct, indirect, consequential, due to loss of profit, business interruption, emotional distress or any other cause whatsoever), losses, costs, expenses (including reasonable legal costs, expenses and lawyers’/attorneys’ fees), claims and actions of any nature whatsoever (in law, in equity, or under statue), whether caused in whole or in part by negligence (whether sole, joint or concurrent), gross negligence, breach of contract, or other legal fault;
(c) "Non-Personal Information" means information that is not personally identifiable to you and that we automatically collect when you access the Website with a web browser. It may also include publicly available information that is shared between you and others;
(d) “Our Associates” means each and all of our directors, officers, employees, representatives agents, third party suppliers and the successors and assigns of all of the foregoing;
(e) "Personally Identifiable Information" means non-public information that is personally identifiable to you and obtained in order for us to provide you Services within the Website. Personally Identifiable Information may include information such as your name, email address, and other related information that you provide to us or that we obtain about you;
(f) “InstaImpressions”, “us”, “we”, or “our” means 11102214 Canada Inc., a corporation, and its successors and assigns;
(g) “Services” means any of the services offered for sale to you by us on the Website or otherwise;
(h) “Social Media Provider” means any provider of social media services or platforms, including Facebook, Twitter, Instagram, and Youtube.
(j) “Website” means https://www.instaimpressions.com .
(k) “you” or “your” means you, the legal person/entity accessing the Website and, if applicable, purchasing Services.
2. Legal Capacity and Binding Effect of the Terms of Service
By accessing the Website or registering an account on the Website you:
(a) represent and warrant that you have reached the age of majority and have the legal capacity to enter into legally binding agreements in the jurisdiction of your residence; and
(b) acknowledge that you have read the Terms of Service and accept that the Terms of Service are the legal terms and conditions that govern your use of the Website and, if you purchase any Services from us, the purchase of all such Services from us.
(a) The Terms of Service are effective as of the effective date first stated above.
(b) We reserve the right to revise the Terms of Service, or any portion thereof, at any time without notice to you. If we revise the Terms of Service, we will change the effective date first stated above. Any changes we make to the Terms of Service are effective as of the revised stated effective date. Your use of the Website is deemed to be your acknowledgement and acceptance of all provisions of the then current version of the Terms of Service. Therefore, you should review the Terms of Service with each use of the Website.
(c) You agree to comply with all applicable laws and regulations when accessing the Website and purchasing Services.
(d) If you have any questions about the Terms of Service please contact us at email@example.com
(e) If you do not agree with any provisions of the Terms of Service, you shall cease to access the Website and shall not purchase any Services.
4. Provision of Services
(a) Once you place an order and pay for Services, you cannot reverse, cancel or otherwise terminate the order for Services and no refund of amounts paid will be made except as stated in the “Refunds” section of the Terms of Service, below.
(b) There are many processing, technical and third party issues that may delay the delivery of Services. We do not promise or guarantee a specific delivery time for any Services. If we provide a time for delivery of Services, it is only an estimation of when the Services will be delivered and the actual time for delivery of Services may vary greatly from the estimated time of delivery. If you have concerns about the delay in the delivery of Services, please contact us at firstname.lastname@example.org.
(c) We engage publicly available third party services to deliver the Services; we do not create social media accounts nor bots in order to deliver the Services to you.
(d) Once you place an order for Services you will not make your profile/content private or make any other changes that render the original profile/content link obsolete, including the changing of usernames/profile names. Should any such changes be made, we will not be able to deliver the Services and the order will automatically be cancelled. Our inability to deliver the Services for any of the aforementioned reasons or any other reason caused by you shall not be considered a failure to deliver or fully deliver the Services on our part and no refund will be provided to you pursuant to the “Refunds” section of the Terms of Service below or otherwise. Therefore, you should only make any changes affecting your profile/content link after we have finished delivering the Services.
(e) We reserve the right to suspend or otherwise disable your account with us at any time and for any reason in our sole discretion.
5. Payment for Services
All payments will be made using PayPal or another third party payment provider of our choice upon requesting that Services be provided. No disputes will be filed with PayPal or any other payment provider relating to Services or payment for the Services. Any filing of such a dispute will result in your account being terminated and the provision of Services being terminated without any Liability to us or Our Associates except as provided in the Refunds provisions below.
(a) Except as expressly stated in this “Refunds” section, no refunds will be made of amounts paid for Services.
(b) If we do not provide any of the Services that you requested due to a failure on our part to provide such Services, upon your written request we will refund the amount you paid for the Services. to your account balance with us on the Website (not to your PayPal account).
(c) If we do not fully provide the Services that you requested due to a failure on our part to fully provide such Services, upon your written request we will refund a portion (proportional to the amount of Services not provided) of the amount you paid for the Services to your account balance with us on the Website (not to your PayPal account).
(d) Any amounts in your account with us can be refunded through the original payment method upon your written request to us; provided, however, that a processing fee of the greater of (i) $10.00; or (ii) 20% of the requested refund amount, will be deducted and retained by us from the requested refund amount.
7. Disclaimer of All Responsibilities and Warranties
You acknowledge that due to various competitive, technical and other factors (including our reliance on and our inability to control third parties) it is not possible to represent or warrant the materials on the Website, the Services or any specific result or benefit you will receive from the provision of the Services. The materials on the Website (including links to other websites on the Website or in the Terms of Service) and the Services are provided on an “as is” basis. We make no representation or warranty (and to the maximum extent permitted by law expressly disclaim any such representation or warranty), express, statutory or implied, including any implied warranty of completeness, accuracy, reliability, usefulness, merchantability, fitness for a particular purpose or non-infringement, with respect to or in any way relating to the quality, functionality, accuracy, reliability or availability of such materials or Services or the results to be achieved or benefits to be received by you therefrom.
8. Release of Liability and Indemnity
(a) We limit our Liability to the fullest extent allowed by law. Some jurisdictions do not allow us to have a broad limit on our Liability. If you live in one of those jurisdictions, some of these limitations may not apply to you. Except for your right to obtain a refund of the amount paid by you for the Services in accordance with the “Refunds” section of the Terms of Service or as otherwise expressly provided in this “Release of Liability and Indemnity” section of the Terms of Service, on behalf of you and your successors and assigns, you irrevocably agree to release, and to indemnify, defend and hold harmless, us and Our Associates, from and against Liability, arising out of or in any way related to:
(A) your use of the Website and our delivery or failure to deliver the Services, including: (i) delay in delivering or failure to deliver the Services or any portion thereof; (ii) our suspension or disabling of your account with us; (iii) the suspension, deletion or termination of, or any other action affecting, your social media account by any Social Media Provider; (iv) removal of information, data or social media hits by Social Media Providers; and/or (v) the use of any website or other information linked to the Website or contained in the Terms of Service; and/or
(B) any claim or action by a third party arising out of or in any way related to any matter referred to in item (A) of this sub-section 8(a) of the Terms of Service.
(b) In the event that the release of and limitation on Liability in sub-section 8(a) of the Terms of Service is determined by a court of competent jurisdiction to be unenforceable in whole or in part, then you agree that total amount recoverable due to the Liability of us and Our Associates to you shall not exceed the amount paid by you relating to the request for Services that gave rise to the claim of Liability and, to the extent permitted by law, you agree to indemnify, defend and hold harmless us and Our Associates from all amounts awarded for Liability in excess of that amount.
(c) To the extent that the releases of and limitations on Liability in sub-sections 8(a) and (b) of the Terms of Service item are determined by a court of competent jurisdiction to be unenforceable in whole or in part, then you agree that the total amount recoverable for the Liability of us and Our Associates shall be limited to the greatest extent permitted by law.
10. Entire Agreement
The Terms of Service constitute the entire agreement between us and you with respect to the subject matter thereof and supersede all prior representations, warranties, understandings, and agreements, oral or written, with respect to such matters.
11. Governing Law
The Terms of Service shall be construed and interpreted, and our rights and your rights under the Terms of Service shall be determined, in accordance with the laws of the Province of Alberta, Canada, without regard to the conflict of laws principles thereof. The courts of Alberta shall have jurisdiction over all disputes arising out of or in connection with the Terms of Service and you and we irrevocably attorn to the jurisdiction of the courts of Alberta.