Terms & Conditions

1000355636 Ontario Inc. doing business as “MiniWeb” (“the Company”, “we,” “us”, “our”), registered under the laws of Canada, provides access to the website, currently located at https://www.yourminiweb.com; (the “Site”) which provides a subscription service wherein users can market their services and products. By accessing or using the Site you accept and agree to be bound by these Terms. These Terms supplement the Privacy Policy, the content of which is incorporated herein as if by specific reference.

1. SCOPE

A. These Terms apply to any person who accesses or uses the Site (referred to collectively as “Users”, “you”, or “your”).

B. Users may be subject to additional terms and conditions as imposed by the Company, and, the Site.

C. No charge is made for your use of the Site (unless otherwise stated or when purchases are made through the site), although you should be aware that charges for Internet use may apply at rates determined by your provider. The Company reserves the right to change the services, products, and programs mentioned in this Site at any time, at its sole discretion.

D. The Company reserves the right to seek all remedies available by law in equity for any violation of these Terms and any grants not expressly granted herein are reserved by the Company.

2. CANADA BASED WEBSITE

This site is controlled and operated by the Company from Canada, and, except as expressly set forth herein, is not intended to subject the Company to the laws or jurisdiction of any state, country or territory other than that of Canada. The Company does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than Canada. In choosing to access the Site, you do so on your own initiative and at your own risk, and are responsible for complying with all local laws, rules, and regulations. The Company may limit the Site's availability, in whole or in part, to any person, geographic area or jurisdiction the Company chooses, at any time and in the Company's sole and absolute discretion.

3. PURCHASES

A. In order to access the Application, you will be required to create a User Account.

B. The Company shall charge a fee and will receive and/or enable payment for Services purchased through the Site.

C. As at the date of these Terms, payment may be made, free of any setoff or deduction in the following methods: debit/credit card with Stripe, however, third-party payment processing services may be amended from time to time without any further notice to you. The User further specifically warrants that User is specifically authorized to use the payment method in the User Account and specifically indemnifies the Company against any loss or harm that may be caused by unauthorized use of the payment method in the User Account.

D. Customers are eligible for a full refund within 14 days of their purchase. After this period, purchases are considered final. Refunds beyond the 14-day period will only be granted at the discretion of the Company, or where legally required based on the laws of your jurisdiction. The User grants the Company the express written consent to deduct payment for any of the Purchases made reference to in this Section 4

E. We reserve the right to refuse or cancel your order in the event of fraud, illegal or unauthorized use of any payment method.

4. FREE TRIAL TERMS

The free trial limited time offer is subject to end at the complete discretion of the Company without any prior notice. The users availing the offer will have access to the Company’s product without any cost up to 1 year from the date of sign up.

The Company reserves the right to extend/cancel user subscription after the 1 year free trial term if the paid extension is not availed by the user. The Company is not liable for any damages/loss of data if the user decides not to continue with a paid subscription after expiry of the 1 year free trial.

5. SUBSCRIPTION

A. You may choose to purchase a lifetime plan for the Service. The subscription plan to our Service consists of a one time payment and will provide life-time access. By entering into this Agreement, you acknowledge that your Subscription has a one time payment for the service and additional credits can be purchased separately.

B. The user can cancel their subscription via the dashboard on their User Account and will take effect immediately.

C. Promotional codes/discounts are only valid on the initial order.

D. Kindly note that any of the subscription plans can be suspended or canceled at any time However, you will not be eligible for a refund.

E. We reserve the right at our absolute discretion to cancel your Subscription at any time without giving any reasons for our decision.

6. LICENSE

A. Subject to your compliance with these Terms, The Company grants you a limited, non-exclusive, non-sub licensable, revocable, non-transferable license to: (i) access and use the Site on your personal device solely in connection with your use of the Site; and (ii) access and use any content, information and related materials that may be made available through the Site. Any rights not expressly granted herein are reserved by The Company and The Company’s licensors.

B. Ownership The Site, which includes all products and services sold through the Site, excluding commissioned designs, and all rights therein are and shall remain The Company’s property or the property of The Company’s licensors. Neither these Terms nor your use of the Site conveys or grant to you any rights: (i) in or related to the Site except for the limited license granted above; or (ii) to use or reference in any manner the Company’s name “MINI WEB”, logos, product and service names, trademarks or Site marks or those of The Company’s licensors or any other associated intellectual property.

C. Assignment It is understood and agreed that works commissioned by the Company are created for the sole and exclusive use of the User and User shall be deemed to be the sole and exclusive owner of all rights, title, and interests therein, including all copyrights and proprietary rights relating thereto. All work performed by the Company and all works generated in connection therewith is and shall be considered, insofar as legally permissible, commissioned artwork and, as such, shall be owned by and for the benefit of the Owner. Ownership is not dependent upon an active subscription, however, this assignment Section, 11C, is only applicable to Users with an active Subscription on the date in which the work was commissioned. The Company shall, however, retain the non-exclusive, non-sublicensable, royalty-free, worldwide license to publish and display any Content created for the purposes of marketing the Site and the Services, which right may be revoked at any time by email to: contact@yourminiweb.com

D. To the extent that we license content from any third party (“Third Party Content”), you agree to comply with the relevant third-party license. Except with our written permission, you may not: (i) sell, resell, rent, lease, sublicense, assign, grant a security interest in, or otherwise transfer any part of your rights to use Third Party Content apart from a design deliverable prepared by us or as part of a design product for your own personal use; (ii) change, alter, adapt, translate, convert, modify, or make any derivative works of any Third Party Content; (iii) falsely represent that you are the original creator of any Third Party Content; (iv) use Third Party Content in a pornographic, defamatory, or other unlawful manner; (vi) use Third Party Content in any way that allows others to download, extract, or redistribute Third Party Content as a standalone file or work, (vii) use Third Party Content that features models or property in connection with a subject that would be unflattering or unduly controversial to a reasonable person (for example, sexually transmitted diseases), must indicate: (1) that the content is being used for illustrative purposes only, and (2) any person depicted in the content is a model.

7. RESTRICTED ACTIVITIES

A. Users shall not under any circumstances:
A.1. modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Application;
A.2. grant or sell access to a third party to access your User Account, or impersonate or act as another User;
A.3. contravene any laws in the use of the Site;
A.4. post information that may be deemed fraudulent, libelous, abusive, obscene, profane, sexually-oriented, harassing, or illegal;
A.5. discriminate against another User on the basis of race, religion, gender, age, mental or physical disability, sexual orientation, medical condition, nationality or similar basis;
A.6. mirror or frame the Site or any portion thereof;
A.7. cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, data mining, or unduly burdening or hindering the operation and/or functionality of any portion or aspect of the Site;
A.8. remove any copyright, trademark, or other proprietary notice from any portion or aspect of the Site;
A.9. reproduce, modify, distribute, license, sub-license, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Site except as expressly permitted by the Company;
A.10. use the Site in a way that infringes any third party's intellectual property rights; and
A.11. use any robot, spider, site search/retrieval application, or other manual or automatic or process to retrieve, index, scrape, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents.

8. LINKS TO THIRD-PARTY WEBSITES AND THIRD-PARTY SERVICES

A. You may be able to access websites, content, products, or services provided by third parties through links that are made available on the Site ("Third Party Services").

B. You acknowledge that different terms of use, terms of service, and privacy policies may apply to your use of such third-party service and content. The Company does not endorse such third-party service and content and in no event shall it be responsible or liable for any products or services of such providers. These third parties are not parties to these Terms and are not responsible for the provision or support of the Services in any manner, accordingly, and without any limitation to any other provision of these Terms, the Company shall be indemnified and held harmless against any loss or damage occasioned from the use of such services to the full extent of any applicable law.

9. PRIVACY

For information regarding our collection and use of information you provide to us, please refer to the Site's privacy policy (“Privacy Policy”), located here which shall supplement and be incorporated into these Terms by reference. By entering into these Terms, you agree to our collection, use, and disclosure of your personal information in accordance with our Privacy Policy.

10. COPYRIGHT POLICY

The Company respects the intellectual property of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe your work has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

11. DIGITAL MILLENNIUM COPYRIGHT ACT

We comply and act as required in terms of the Digital Millennium Copyright Act ("DMCA"), to valid and compliant DMCA notices. We reserve the right to remove content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, the Company will also terminate an Account if the User is determined to be a repeat infringer. To report a copyright violation, our copyright agent can be reached at the following email address: contact@yourminiweb.com

12. REFUND POLICY

A. Customers are eligible for a full refund within 14 days of their purchase. After this period, the Company reserves the right to deny refunds to the full extent permitted by law without notice or liability to you. Refund requests beyond the 14-day period will be assessed on a case-by-case basis and are subject to your use of the Services in compliance with these Terms.

B. In the event that a refund is granted the Company reserves the right to use the most suitable method for the refund, which includes an alternate method of payment than that which was used to make the payment.

13. TERMINATION

A. Your User Account may be restricted, or terminated, without any further notice, on the following bases:
A-1. Should the User Account be flagged for any illegal or suspicious activity, by the Company, its duly authorized representative responsible for data security or by any governmental organization; or
A-2. Where the Company, in its sole and absolute discretion, determines that there is a material breach of these Terms.

GOVERNING LAW AND ARBITRATION
BY AGREEING TO THE TERMS YOU EXPRESSLY AGREE THAT YOU ARE REQUIRED TO RESOLVE ANY CLAIM THAT YOU MAY HAVE AGAINST THE COMPANY ON AN INDIVIDUAL BASIS. THIS WILL EXPRESSLY PRECLUDE YOU FROM BRINGING ANY ACTION AGAINST THE COMPANY, AND ALSO PRECLUDE YOU FROM PARTICIPATING IN OR RECOVERING RELIEF UNDER ANY CURRENT OR FUTURE CLASS, COLLECTIVE, CONSOLIDATED, GROUP OR REPRESENTATIVE ACTION BROUGHT AGAINST THE COMPANY BY SOMEONE ELSE

Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed pursuant to the laws of Canada. Any dispute, conflict, claim, or controversy arising out of or broadly in connection with or relating to your use or access to the Site or these Terms, including those relating to its validity, its construction, or its enforceability (any “Dispute”) shall be settled by the exclusive jurisdiction of the courts of Canada, without resort to any conflict of law provisions.

14. ERROR REPORTING AND FEEDBACK

You may contact us at contact@yourminiweb.com with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints and other matters related to the Services event of a complaint about Mini Web, the client must first submit this complaint in writing to Mini Web within 7 days of discovery.

15. DISCLAIMER

THE SITE IS ACCESSED ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS TO THE FULL EXTENT PERMITTED BY THE LAW. THE COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY GOODS REQUESTED OR PURCHASED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

16. LIMITATION OF LIABILITY

THE COMPANY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SITE OR SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SITE OR SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SITE OR SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY USER, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND THE COMPANY's REASONABLE CONTROL. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

17. WARRANTY

The Company makes no express or implied warranties of merchantability or that the Site or Services are fit for the purpose for which they were designed or any other purpose whatsoever, and this warranty supersedes any prior representations and understandings regarding the Site or Services, including any warranty arising from the course of dealing, course of performance, or usage of trade. The Company further does not warrant that the Site will be available and accessible at all times. Issues with hardware, software or other items may result in interruption delays or errors beyond the Company’s control.

18. SEVERABILITY

If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity, and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid, and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replace and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”

20. INDEMNITY

You agree to indemnify and hold The Company and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services; (ii) your breach or violation of any of these Terms; or (iv) your violation of the rights of any third party.