1. Introduction

These terms of use explain how you may use the nesty.ca website (the "Site"). References in these terms to the Site means nesty.ca and all associated web pages. You should read these terms and conditions (“Terms”) carefully before using the Site. By accessing or using this Site or otherwise indicating your consent, you agree to be bound by these Terms and the documents to which these Terms may refer. If you do not agree with or accept these Terms in full or in part, you should cease using the Site immediately. If you have any questions about this website, please contact us at info@nesty.ca.

Definitions

"Content" means any text, images, video, audio or other multimedia content, software or other information or material submitted to, subsisting on or accessible from the Site.

"we", "us" or "our" means Nesty™ Inc. 

"you" or "your" means the person accessing or using the Site or its Content.

Privacy Notice and Additional Terms: these Terms include our Privacy Notice which shall be subject to these Terms in the event of any conflict or inconsistency between these documents. These Terms may also be supplemented or replaced by additional terms relating to specific Content or services made available or supplied by us using the Site ("Additional Terms"). Additional Terms will be made available on relevant pages of the Site and will be accessible to you for your acceptance before you engage with the specific Content or service being made available. Additional Terms shall prevail to the extent that there is any conflict or inconsistency with any of these Terms.

This Site is intended for and directed to residents of Canada over the age of 18 years. 

Accessibility: we seek to make this Site as accessible as possible. If you have any problems accessing this Site or the content contained on it, please contact us at info@nesty.ca. 

2. Restrictions on use

2.1 As a condition of your use of the Site, you agree:

a) not to use the Site for any purpose that is unlawful under applicable law or prohibited, explicitly or implicitly, by these Terms;

b) not to defame or disparage anybody or make comments of an obscene, derogatory or offensive manner or otherwise use the Site or its Content in a way that brings us or any third party into disrepute or causes us to be liable to any third party;

c) not to reverse engineer, decompile, copy, modify, distribute, transmit, license, sublicense, display, revise, perform, transfer, sell or otherwise make available to any third party or otherwise publish, deep-link, create derivative works from or exploit in any way the Site or its Content except as permitted by us under these Terms or as expressly provided under applicable law and/or under any Additional Terms;

d) not to use the Site to distribute viruses or malware or other similar harmful software code;

e) not to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing; and

f) that you are solely responsible for all costs and expenses you may incur in relation to your use of the Site.

2.2 We reserve the right to block your access to the Site if you do not comply with any part of these Terms or any applicable law.

3. Ownership, use and intellectual property rights

This Site and all intellectual property rights in the Site (including without limitation any Content) are owned by us and/or our licensors. We and our licensors reserve all our intellectual property rights (which include without limitation all copyright, trade-marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world.

Nothing in these Terms grants you any rights in the Site other than as necessary to enable you to access the Site. You agree not to adjust to try to circumvent or delete any intellectual property notices contained on the Site and in particular in any digital rights or other security technology embedded or contained within any Site Content.

Trade-marks: Nesty™ is a trade-mark of Nesty Inc. Other trade-marks and trade names may also be used on this Site. The use or misuse of any trade-marks or any other Content on the Site except as provided in these Terms is strictly prohibited. Nothing contained on the Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any trade-mark without our prior written permission.

4. Submitting Information to the Site

4.1 By transmitting or posting any material to the Site, you agree that, subject to our Privacy Notice, we are entitled to use any such information in any manner we see fit (including reproduction, transmission, publication, broadcast, and posting on any media and anywhere in the world) on a free of charge basis. We shall not be subject to any obligation of confidentiality nor be liable for any use and/or disclosure of such submissions.

4.2 Where our Site enables you to communicate with us, you may not use the Site to transmit harmful or offensive (e.g., violent, obscene, discriminatory, defamatory or otherwise illegal) communications or material which might otherwise bring us or the Site into disrepute. Although we reserve the right to monitor, edit, review or remove comment postings and similar communications on the Site from time to time, we are under no obligation to do so and assume no responsibility or liability arising from any Content posted on the Site nor for any error, omission, infringement, defamatory statement, obscenity, or inaccuracy contained in any such information. Our right to any material provided by you is freely transferable and worldwide so you shall be entitled to use your own material yourself subject to applicable law.

4.3 You represent and warrant that any Content you post in our comment section on the Site is your own or you have the all applicable rights to post such Content. You agree that you waive all moral rights you may have in any such Content but that any personal data you supply with your Content may, if we choose to do so, be used by us as described in our Privacy Notice.

5. Accuracy of information and availability of the Site

5.1 While we use reasonable efforts to include accurate and up-to-date information on the Site, we do not represent, warrant or promise (whether expressly or by implication) that any Content is or remains available, accurate, complete and up to date, free from bugs, errors or omissions or fit or suitable for any purpose. Any reliance you may place on the information on this Site is at your own risk and we may suspend or terminate operation of the Site at any time at our sole discretion. Nothing in these Terms shall operate to prejudice any mandatory statutory requirement or your statutory rights. Content on the Site is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites, which may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purpose.

5.2 While we make commercially reasonable efforts to ensure that the Site is available, we do not represent, warrant or guarantee in any way the Site's continued availability at all times or uninterrupted use by you of the Site.

6. Hyperlinks and third party sites

The Site may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not constitute an endorsement of such third party's website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.

7. Warranties and limitation of liability

7.1 You agree that your use of the Site is on an "as available" basis. As stated above, except as otherwise expressly required by applicable law, we make no representations, warranties, conditions or other terms (whether express or implied) in relation to the provision of the Site, including without limitation as to completeness, accuracy and currency or any Content on the Site, or as to satisfactory quality, or fitness for a particular purpose.

7.2 To the maximum extent permitted by applicable law, we exclude all liability (whether arising in contract, tort, breach of statutory duty or otherwise) which we may otherwise have to you as a result of any error or inaccuracies in any Content, the unavailability of the Site for any reason, and any representation or statement made on the Site.

7.3 We will not be liable for any loss or damage we cause which we could not reasonably anticipate when you started using the Site, for example if you lose revenue, salary, profits or reputation as a result of your use of the Site and/or the acts or omissions of any third party such as other users of the Site or any other indirect or consequential loss or damage you may incur in relation to the Site and its Content.

7.4 Any exclusions and limitations of liability in these terms shall be subject to the Additional Terms in respect of matters covered by those Additional Terms and as otherwise required by law.

8. General

8.1 We reserve the right to vary these Terms from time to time and a log of such changes will appear at the bottom of these Terms. It is your responsibility to check these Terms from time to time. Your use and access of Site is subject to the Terms in effect on the date of your visit. 

8.2 We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion, accident, cyber or terrorist attacks.

8.3 If any part of these Terms is unenforceable the enforceability of any other part of these Terms will not be affected. If we choose not to enforce any right that we have against you at any time, then this does not prevent us from later deciding to exercise or enforce that right.

8.4 These Terms, together with the Privacy Notice and any applicable Additional Terms, and any other terms expressly referred to in these Terms incorporated by reference, contain the entire understanding and agreement between us and you in relation to your use of the Site. 

8.5 You may not assign, sub-license or otherwise transfer any of your rights and obligations in these Terms to any other person.

8.6 These Terms shall be construed in accordance with and governed by the laws of the province of Ontario and the laws of Canada applicable therein.

These Terms are in effect as of December 15, 2016.