Last Updated: 2022-11-30

These terms and conditions (the “Terms and Conditions”) govern the use of https://cerevent.com, https://cerevent.ca (the “Site”) and any of its subdomains such as https://shop.cerevent.com or https://app.cerevent.com. This Site is owned and operated by Cerevent Technologies Inc. This Site is an ecommerce website, and saas platform for event services.

By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.

1. Introduction

IMPORTANT, READ CAREFULLY : YOUR USE OF AND ACCESS TO THE WEBSITE AND PRODUCTS AND SERVICES AND ASSOCIATED ONLINE SOFTWARE (COLLECTIVELY, THE “SERVICES”) OF CEREVENT TECHNOLOGIES INC.. AND ITS AFFILIATES (“COMPANY”, “WE”, “OUR”, “US”, “CEREVENT”) IS CONDITIONED UPON YOUR COMPLIANCE WITH AND ACCEPTANCE OF THESE TERMS, WHICH INCLUDE YOUR AGREEMENT TO ARBITRATE CLAIMS.

BY USING OF AND ACCESSING THE (“SITE”) WEBSITE OR BY UTILIZING CEREVENT TECHNOLOGIES INC. SERVICES YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL EXHIBITS, ORDER FORMS, AND INCORPORATED POLICIES (THE “AGREEMENT” OR “TOS”). CEREVENT SERVICES ARE NOT AVAILABLE TO PERSONS WHO ARE NOT LEGALLY ELIGIBLE TO BE BOUND BY THESE TERMS OF SERVICE.

2. Intellectual Property

All content published and made available on our Site is the property of Cerevent Technologies Inc and the Site’s creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.

You’re not allowed to copy or modify our Services, any part of the Services, or our trademarks in any way. You’re not allowed to attempt to extract the source code of our software, and you also shouldn’t try to translate the software into other languages or make derivative versions. The software itself, the website itself, and all the trademarks, copyright, database rights and other intellectual property rights related to it, still belong to Cerevent Technologies Inc..

3. Age Restrictions

The minimum age to use our Site is 18 years old. By using this Site, users agree that they are over 18 years old. We do not assume any legal responsibility for false statements about age.

4. Acceptable Use

As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:

• Harass or mistreat other users of our Site;
• Violate the rights of other users of our Site;
• Violate the intellectual property rights of the Site owners or any third party to the Site;
• Hack into the account of another user of the Site;
• Act in any way that could be considered fraudulent;
• Post any material that may be deemed inappropriate or offensive;
• Use the service in any way that violates any applicable national or international law or regulation.;
• Use the service in any way for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.;
• Use the service in any way for the purpose to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or solicitation;
• Use the service in any way for the purpose to impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity;
• Use the service in any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent activity; or
• Use the service in any way that engages in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us that causes harm or liability.

If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.

5. User Contributions

Users may post the following information on our Site:

• Public comments; and
• Guestbook Comments and Chat Functionality.

By posting publicly on our Site, you agree not to act illegally or violate these Terms and Conditions.

Our service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for Content that you post on or through Service, including its legality, reliability, and appropriateness.

You agree not to post, upload, transmit or provide any Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you or any other person; (ii) may create a risk of any other loss or damage to any person or property; (iii) may constitute or contribute to a crime or tort; (iv) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, obscene, or otherwise objectionable; (v) contains any information or content that is illegal or that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (vi) contains any information or content that you know is not correct and current. You agree that any Content that you post does not and will not infringe or violate third-party rights of any kind, including without limitation any privacy, patent, copyright, trademark, trade secret, or other third party or intellectual property rights. We reserve the right to terminate the account of anyone found to be infringing on the above rights.

Under no circumstances will Cerevent Technologies Inc. be liable in any way for any (a) Content that is transmitted or viewed while using the Services, (b) errors or omissions in the Content, or (c) any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to Content. Although Cerevent Technologies Inc. is not responsible for any Content, Cerevent Technologies Inc. may delete any Content, at any time without notice to You, if Cerevent Technologies Inc. becomes aware that it violates any provision of this Agreement, or any law. You retain copyright and any other rights You already hold in Content which You submit, post or display on or through, the Services.

You retain any and all of your rights to any Content you submit, post or display on or through Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through Service. However, by posting Content using Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through Service. You agree that this license includes the right for us to make your Content available to other users of Service, who may also use your Content subject to these Terms.

Cerevent Technologies Inc. has the right but not the obligation to monitor and edit all Content provided by users.

In addition, Content found on or through this Service is the property of Cerevent Technologies Inc. may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

You are responsible for compliance with all recording laws. By using the Services, you are giving Cerevent Technologies Inc. consent to store recordings for any or all Cerevent events that you host or join, if such recordings are stored in our systems.

6. Communications

By using our Service, you or your attendees can subscribe to or access invitations to events. Marketing materials, updates, newsletters, marketing or promotional materials and other information may also be sent. However, you may opt-out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at info@cerevent.com.

Additionally, You understand and agree that Cerevent Technologies Inc may contact you via e-mail or otherwise with information relevant to your use of the Services, regardless of whether you have opted out of receiving marketing communications or notices.

7. Accounts

When you create an account on our Site, you agree to the following:

1. You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and
2. All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.

We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.

8. Responsibility of Users

“Users” means an Event Host, a Event Co-host or a Event Guest who uses the Services.

Event Hosts and Co-hosts are responsible for the activities of all (“Users”) who access or use the Services through your event invitation and you agree to ensure that any such (“Users”) will comply with the terms of this Agreement and any Cerevent Technologies Inc. policies. Cerevent assumes no responsibility or liability for violations. If You become aware of any violation of this Agreement in connection with use of the Services by any person, please contact Cerevent at info@cerevent.com. Cerevent may investigate any complaints and violations that come to its attention and may take any (or no) action that it believes is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or User profiles. Under no circumstances will Cerevent be liable in any way for any data or other content viewed while using the Services, including, but not limited to, any errors or omissions in any such data or content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any data or content.

9. Sale of Goods And Services

These Terms and Conditions govern the sale of goods and services available on our Site.

The following goods are available on our Site:

• Digital Media Services (Recordings); and
• Digital Designs (Guestbook).

The following services are available on our Site:

• Virtual Event Hosting Services (like apps and sites online);
• Virtual Event Planning Services (like planning and concierge);
• Access to 3rd Party Integration Services (like app and site integrations); and
• Platforms (like Cerevent Shop).

The services will be paid for in full when the services are ordered.

These Terms and Conditions apply to all the goods and services that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods and services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods and services we provide. You agree to purchase goods and services from our Site at your own risk.

We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.

Cerevent Technologies Inc. reserves the right to make changes to the Services or to charge for the Services, at any time and for any reason. We will never charge you for the Services without making it very clear to you exactly what you’re paying for.

We may also may terminate the online services at any time without giving notice of termination to you if you break the terms and conditions of this agreement. Unless we tell you otherwise, upon any termination, (a) the rights and licenses, access granted to you in these terms will end; (b) you must stop using the software or online services

10. Third Party Goods and Services

Our Site may offer goods and services from third parties. We cannot guarantee the quality or accuracy of goods and services made available by third parties on our Site.

Our Service may contain links to third party web sites or services that are not owned or controlled by Cerevent Technologies Inc.

Cerevent Technologies Inc.. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES ON OUR SITE.

WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.

With respect to Cerevent Technologies Inc.’s responsibility for your use of our software, when you’re using the Services, it’s important  that although we endeavor to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. Cerevent Technologies Inc. accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the software.

11. Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through Service may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, Promotion rules will apply.

12. System Requirements and Security

Our website and software stores and processes personal data that you have provided to us, in order to provide our Service. It’s your responsibility to keep your phone, desktop and access to the software secure. By not having your phone or desktop secure, It could make your phone, desktop vulnerable to malware/viruses/malicious programs, compromise your phone’s, desktops security features and it could mean that the Cerevent Technologies Inc. won’t work properly or at all.

At some point, we may wish to update the software, and you’ll need to download the updates if you want to keep using the software. Cerevent Technologies Inc. does not promise that it will always update the software so that it is relevant to you and/or works with the OS version or Online Web Browser Version that you have installed on your device. However, you promise to always accept updates to the software when offered to you. 

You should be aware that there are certain things that Cerevent Technologies Inc. will not take responsibility for. Certain functions of the Services require compatible devices and Internet access. The connection can be Wi-Fi or provided by your mobile network provider, but Cerevent Technologies Inc. cannot take responsibility for the Services not working at full functionality if you don’t have access to Internet, and you don’t have any of your data allowance left.

If you’re using the Services outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third party charges. In using the Services, you’re accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the Services, please be aware that we assume that you have received permission from the bill payer for using the Services.

Use of the Services requires one or more compatible devices, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Services involves hardware, software, and Internet access, Your ability to access and use the Services may be affected by the performance of these factors. High speed Internet access is recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility.

Cerevent Technologies Inc. cannot always take responsibility for the way you use the Services i.e. You need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to access the Service, Cerevent Techologies Inc. cannot accept responsibility.

13. Payments

We accept the following payment methods on our Site:

• Credit Card; and
• Debit.

When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument.

If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.

14. Refunds

Refunds for Goods

Refund requests must be made within 30 days after receipt of your goods.

We accept refund requests for goods sold on our Site for any of the following reasons:

• Good is broken; or
• Digital Copy is broken and cannot be accessed/opened.

Refunds do not apply to the following goods:

• Guestbook Digital Copy.

Refunds for Services

We provide refunds for services sold on our Site as follows:

• The services can be credited to your account if the event that the ceremony/event is cancelled or there was reason for the services to not be preformed such as no internet access at the site.

15. Consumer Protection Law

Where the Business Practice and Consumer Protection Act, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.

16. Links to Other Websites

Our Site contains links to third party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third party website or service linked to on our Site. It is your responsibility to read the terms and conditions and privacy policies of these third party websites before using these sites.

17. Limitation of Liability

Cerevent Technologies Inc and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.

18. Indemnity

Except where prohibited by law, by using this Site you indemnify and hold harmless Cerevent Technologies Inc and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.

19. Applicable Law

These Terms and Conditions are governed by the laws of the Province of British Columbia.

20. Severability

If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.

21. Changes

These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.

22. Contact Details

Please contact us if you have any questions or concerns. Our contact details are as follows:

______________________________________

info@cerevent.com

#250 – 997 Seymour St., Vancouver, BC, V6B 3M1

You can also contact us through the feedback form available on our Site.

Effective Date: 30th day of November, 2022