Terms of Use

Terms for Accessing Site

Concave Holdings Inc. (“Concave” or “we”) is a corporation incorporated under the laws of the Province of Ontario, with its head office at Toronto, Ontario. Below are the Terms of Use and Privacy Policy of Concave (the “Terms”), which includes, without limitation, the home page at www.concave.com, splash page, and all other pages under the same top level domain name, and all content thereon (the “Site”) as provided by Concave. PLEASE READ THE TERMS CAREFULLY before using the Site. By accessing, browsing and using this Site you are signifying your consent and agreeing to be bound by the Terms in their entirety in addition to any other law or regulation that applies to the Site, the Internet, and/or the World Wide Web. The Terms apply to all visits and use of the Site, as well as to the Content (as defined hereafter), information, recommendations and/or services provided to you on or through the Site.

Concave reserves the right to amend the Terms from time to time and it is your responsibility to review the Terms each time you access this Site. Your continued use of the Site following the posting of changes to the Terms means that you accept these changes. Please exit this Site immediately if you do not accept the Terms, or are in a jurisdiction where use of this Site is not permitted.

Use of Site Materials

The Site is owned and operated by Concave. All of the content featured or displayed on the Site, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software (“Content”), is owned by Concave and/or its group companies, its licensors and/or its content providers. All elements of the Site including, but not limited to, the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with Concave, no portion or element of the Site or its Content may be copied or retransmitted via any means and the Site, its Content and all related rights shall remain the exclusive property of Concave or its licensors unless otherwise expressly agreed.

You may print or have printed by a third party any downloadable material contained on this Site provided that the following conditions are met:

• the material is solely for non-commercial and personal use;
• no copyright or other proprietary notice is removed from the material; and
• the material is not altered in any manner.

Misuse of Site

You are prohibited from using the Site to post or transmit any material which is or may be infringing, threatening, false, misleading, inflammatory, libelous, invasive of privacy, obscene, pornographic, abusive, discriminating, illegal or any material that could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or which may otherwise give rise to civil liability or violate any law. You are also prohibited from using the Site to advertise or perform any commercial solicitation.

Unsolicited Ideas

Concave maintains the policy of not reviewing or accepting any unsolicited submissions of ideas, inventions, designs and/or other materials whether consisting of texts, images, sounds, software, information or otherwise (the “Materials”) from persons external to Concave. You should therefore not post any Materials on the Site or send these to Concave by e-mail or otherwise. In the event you do sent Concave any Materials, despite the request not to do so, Concave shall be entitled to use, copy and/or commercially exploit such Materials to the fullest extent and free of charge and Concaves shall not be bound by any confidentiality obligation in respect of such Materials.

Copyrights, Trademarks and Other Intellectual Property Rights

The content of this Site, including but not limited to trademarks, designs, logos, text, images, audio and video materials, is the property of Concave and its affiliates or licensors (“Concave Proprietary Material”) unless otherwise noted. Concave Proprietary Material is protected by the laws of Canada and other countries throughout the world and under international treaties. You may not remove any copyright or other proprietary notices from Concave Proprietary Material. You may not display, reproduce, distribute, communicate, perform, modify, transmit, or otherwise use Concave Proprietary Material in any way for any public or commercial purpose without the prior and express written consent of Concave.

Links to Other Sites

This Site contains links to third party Web sites. These links are provided solely for your convenience. Concave and its affiliates do not endorse the content of any such third party Web site, have not reviewed all material linked to any such site, and are not responsible for the content of any such site. Your accessing and viewing of any such third party site is conducted at your own risk.

Compliance, Invalidity of Terms and Waiver

Concave makes no claims that the content of this Site is appropriate or may be downloaded outside of Canada. If you access this Site from outside of the Canada, you do so at your own risk and are responsible for compliance with the laws of the country or other territory in which you are located. References to a particular product or service do not imply that Concave and its affiliates intend to make such products or services
available in all countries.

If any provision of the Terms is found to be invalid by any court having competent jurisdiction, the invalidity of any such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect.

No waiver of any provision of the Terms shall be deemed a further or continuing waiver of any such provision or any other provision.

Disclaimer of Warranties

YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE AND ITS CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THIS SITE WILL BE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL MATERIAL, OR THAT INFORMATION ON THIS SITE WILL BE COMPLETE, ACCURATE OR TIMELY. CONCAVE RESERVES THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THIS SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME, WITH OR WITHOUT NOTICE.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER CONCAVE NOR ITS AFFILIATES, INCLUDING WITHOUT LIMITATION ALL OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, SHALL BE LIABLE TO YOU FOR ANY DAMAGES, HARM OR INJURY WHATSOEVER (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND PUNITIVE DAMAGES, LOST PROFITS, AND DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING FROM OR RELATING TO THE USE OF OR INABILITY TO USE THIS SITE AND ITS CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER OR NOT THE CONCAVE OR ANY OF ITS AFFILIATES HAS BEEN NEGLIGENT OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

You agree to defend, indemnify, and hold harmless Concave and its directors, officers, employees, agents and affiliates from and against any claim or demand made by any third party, and all associated liabilities, damages, costs and expenses (including but not limited to reasonable attorney’s fees), arising out of or relating to your browsing or use of this Site, content you transmit to this Site, your violation of any rights of another, or your breach of the Terms.

Privacy Policy

Commitment to Privacy

Concave is committed to the protection of your personal information. Concave’s privacy policies regarding the collection, use and disclosure, if any, of personal information are made pursuant to the Personal Information Protection and Electronic Documents Act (Canada) (“PIPEDA”) as well as Québec’s Code civil and the Loi sur la protection des renseignements personnels dans le secteur privée; and the Personal Information Protection Acts in British Columbia and Alberta. The application of our privacy policies is subject to the requirements or provisions of any applicable legislation, regulations or agreements or the order of any court or other lawful authority.

Information Collected

This Site collects from and uses information about its users. This information falls into a number of different categories:

• The Site automatically collects certain user information which is customarily logged by Internet servers, such as the Internet Protocol (“IP”) address through which you accessed the Internet, the date and time you access this Site and the Internet address of the Web site from which you linked directly to this Site (“User IP Information”).
• The Site may use “Cookies”, which are small data files that are placed on an individual user’s computer hard drive to enable the user to more easily communicate and interact with the Site.
• The Site may collect user information which does not allow identification of you, such as buying preferences or age; this information is also known as demographic or profile data (“User Anonymous Information”). User Anonymous Information is generally provided to Concave by users on an optional basis.
• The Site may collect user information which personally identifies you, such as your name, address, phone number and e-mail address (“Personal Information”). The collection of Personal Information may be through various means, such as submissions, contests and communications to the Site, orders placed by you for goods or services available from the Site, and postings to bulletin or chat areas, if any.
• We may aggregate or anonymize Personal Information (by removing information which could identify an individual user) in order to create User Anonymous Information.

Purposes for the Collection of Information

The reason for the collection of information on the Site and uses which are made of the information which is collected depends on the nature of the information.

• User IP information is used to measure the number of visitors to the different sections of this Site, and to help us make this Site more useful to the users. For example, we collect your IP address to help diagnose problems with our server, and to administer our Site. An IP address is a number that is assigned to your computer when you use the Internet. Your IP address does not contain any personally identifiable information about you. Your IP address is also used to help identify you during a particular session and to gather broad demographic data.
• The Site uses Cookies to customize your experience on the Site. We also use Cookies to record how many times a user has visited our Site and what pages the user has accessed. You may, however, disallow receiving Cookies at any time through your web browser. It is not our intention to use Cookies to retrieve information that is unrelated to our Site or your interaction with our Site.
• We may use User IP Information, Cookie information or User Anonymous Information collected on and through this Site to improve our Site, to personalize your experience on the Site and to send you information that may be of interest to you. We may share this information with others, such as advertisers interested in advertising on the Site. This information may also be used for statistical purposes or to evaluate what portions of the Site are more popular than others, determine where visitors came from, and where they go, and how long visitors stay on a particular page, or on the Site in general.
• We may use Personal Information to establish and maintain responsible commercial relations with you and to develop, enhance, market or provide products, information and service; to understand individual needs, communicate with you and update you on products, information and services; to process orders and facilitate the completion of transactions; and to customize products, information or services to better meet customer preferences and to offer customers products and services from Concave and other sources that may be of interest to customers.
• Concave and its affiliates will use Personal Information collected on and through this Site only for the purposes described in these Terms or for additional purposes which are disclosed at the time the Personal Information is collected. For example, Personal Information collected on and through the Site may be used to send you information about updates to our Site or about products and services offered from time to time by Concave and its affiliates.
• In certain limited circumstances, we may be required or permitted by law to disclose your Personal Information, such as to the police in the course of a criminal investigation.

Disclosing Information

Concave may disclose Personal Information to business partners and other third parties that we believe may provide offers that may be of interest to you. The use of your Personal Information by such entities shall be subject to the privacy policies of such entities.

Personal Information collected on the Site belongs to Concave and may be transferred to a purchaser of all or some of Concave’s assets or business.

In order to make the Site more enjoyable for visitors, Concave constantly strives to learn how users use the Site. As a result, Personal Information may be transferred to one or more third parties, such as a data processor, fulfillment agency, or advertising agency, for processing relating to these purposes.

Refusing Consent

You always have the ability to refuse to consent to the collection, use or disclosure of your Personal Information. In order to do, you should contact Concave by the means set out below. In some circumstances (such as contests, promotions or the purchase of goods or services), opting out may prevent us from dealing with you.

Consent can be express or, in some circumstances, implied, and given in writing, electronically, orally or by the conduct of the customer, such as use of a product or service. In determining the type of consent to obtain, Concave will consider all relevant factors, including the sensitivity of the information and the customer’s reasonable expectations.

Contacting Concave and/or Challenging Compliance

For anything to do with these Terms, including questions or comments, or to challenge compliance, please contact Concave as follows:

Privacy Officer

50 MacPherson Avenue

Toronto, Ontario, CANADA M5R 1W8

 

Concave will inform individuals who make enquiries or lodge complaints about its enquiry or complaint procedures, as applicable. If a complaint is found to be justified, Concave will take appropriate measures, including, if necessary, amending its policies and practices.
Upon request, Concave will provide an individual with details of any Personal Information about him or her which Concave has in its possession or control. However, in certain circumstances permitted by law, this information will not be disclosed to individuals. Some examples of these circumstances are information that contains references to other individuals, that cannot be disclosed for legal, security or commercial proprietary reasons, or that is subject to solicitor-client or litigation privilege.

Protecting Personal Information and Security Safeguards

Concave will protect personal information by security safeguards appropriate to the sensitivity of the information. Concave uses commercially reasonable steps to keep any Personal Information which it collects about you secure from unauthorized access, deletion or alteration, but, as with any communication of Personal Information over the
Internet, there is a risk that data will be intercepted or otherwise interfered with by third parties. Concave will have no liability to you if your Personal Information is intercepted or otherwise interfered with by third parties. You should take precautions to ensure that your Personal Information is not accessed by others; such precautions include the use of passwords and encryption and turning off your computer when you are finished using it.

Acceptance of Privacy Policy

By using this Site, you signify your acceptance of our privacy policies. If you do not agree to our privacy policies, please do not use this Site.