Legal Disclaimers
Terms of Use
This Terms of Use Agreement (“Agreement”) is between you and MyBeacon Services Inc. (“Beacon”) and governs your use of the website located at mybeacon.ca (including all subdomains) (the “Site”) and the services provided by Beacon, including, without limitation, the Beacon App (the “Services”).
By accessing or using the Site or the Services, you agree to be legally bound by this Agreement.
Certain Beacon services are also subject to additional terms (“Service-Specific Terms”), which are made available in connection with such additional services, as applicable. In the event of a conflict between a term of the applicable Service-Specific Terms and a term of this Terms of Use Agreement, the Service-Specific Terms will control.
Your use of the Site and Services is also subject to the terms of the Beacon Privacy Policy.
If you do not agree to the terms of this Agreement and the Beacon Privacy Policy, you may not access or use the Site or Services. The Site and Services are intended for use by persons 16 or older. If you are under 16, you may not access or use the Site or Services.
- Accounts and Information.
- In order to access and use some aspects of the Site and Services, you will be required to create an account and establish a username and password.
- If you create a Beacon account, you agree to submit only accurate information about yourself and to keep the information you submit up to date.
- You agree not to impersonate anyone else.
- You are responsible for maintaining the security and confidentiality of your username and password, and you agree not to authorize anyone else to use your username and password.
- You are solely responsible for all actions taken under your account.
- You agree to notify Beacon promptly in the event you learn of any unauthorized use of your account.
- Restrictions. While using the Site or Services, you are strictly prohibited from:
- unauthorized data or account access;
- disrupting Beacon’s network or the Site’s or Services’ functionality;
- probing system vulnerabilities without authorization;
- causing harm to the Site or Services;
- unauthorized use or modification of Beacon’s software or content or otherwise infringing on Beacon’s or third-party rights;
- utilizing Site’s or Services’ data for artificial intelligence model training or development;
- distributing harmful technologies;
- violating laws or technical measures; or
- submitting false, misleading, or harmful materials.
Violations may lead to legal consequences.
- Content Made Available.
- This content on the Site and Services, including immigration and relocation checklists, is only intended to provide you with general information.
- The resale or distribution of materials made available on the Site and/or Services without the express, written consent of Beacon is prohibited. All such materials are authorized only for your own personal use.
- Disclaimer Regarding Information Provided.
- While Beacon uses reasonable efforts to ensure the information it provides via the Site and the Services is accurate, Information on the Site is not intended to provide legal, accounting, financial or tax advice, and should not be relied upon in that regard.
- Please consult with your professional advisor with respect to your particular circumstances.
- Intellectual Property Rights.
- All content on the Site or accessible through the Services, excluding user-supplied content (referred to collectively as “Beacon Content”), including text, images, videos, illustrations, designs, icons, photographs, software, programs, and written materials, is either owned by Beacon or its licensors.
- Beacon Content is made available strictly for your personal, non-commercial use.
- This Agreement, or your use of the Site or Services, does not confer any right, title, or interest in any Beacon Content, the Site or Services to you.
- Reproduction, publication, transmission, distribution, display, modification, creation of derivative works, sale, or participation in any sale of any part of the Beacon Content, the Site, Services or related software or services is expressly prohibited.
- The trademarks “BEACON,” “MYBEACON” and the Beacon logo are the property of Beacon.
- Third-Party Content and Services.
- Beacon neither endorses nor assumes responsibility for third-party sites, information, materials, products, or services.
- If you access a third-party website or service from the Site or Services or share your content on or through any third-party platform, you do so at your own risk, and you understand that this Agreement and the Beacon Privacy Policy do not govern your use of such sites.
- You expressly release Beacon from any and all liability arising from your use of any third-party website, service, or content.
- Moreover, any interactions or participation in promotions with third parties found on the Site or through the Services, including payment and delivery of goods, and any other terms (such as warranties), are solely between you and those third parties.
- You agree that Beacon shall not be liable for any loss or damage related to your dealings with such third parties.
- General Disclaimer.
THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, DURABILITY, AVAILABILITY, TIMELINESS, ACCURACY, OR COMPLETENESS, ALL OF WHICH ARE HEREBY DISCLAIMED BY BEACON TO THE FULLEST EXTENT PERMITTED BY LAW.
Please notify Beacon if you have any problems using the Site or Services. You agree that Beacon is not responsible for any interruption of service.
- Limitation of Liability. BEACON WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON IN ANY WAY FOR ANY LOSS OR DAMAGES (DIRECT, INDIRECT, SPECIAL, ECONOMIC, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE, DATA, ANTICIPATED PROFITS OR LOST BUSINESS) IN RESPECT OF USE OF, OR INABILITY TO USE, OR ANY RELIANCE ON, THE SITE, THE SERVICES ANY OF THEIR CONTENT OR LINKS (INCLUDING WITHOUT LIMITATION ANY INACCURACIES OR VIRUSES), OR ANY WEB BROWSER OR OTHER EQUIPMENT.
- Indemnification. By accessing or using the Site and/or Services, you agree to indemnify and hold harmless Beacon and its agents, suppliers and their respective directors, officers and employees from and against any and all actions, proceedings, costs, claims, liabilities, damages and expenses (including reasonable legal fees) arising from or in connection with a breach of these terms and conditions or your use of this Site or Services.
- Confidentiality. Beacon cannot guarantee complete confidentiality or security for information that is transmitted electronically. By accessing the Site and Services, you acknowledge that Beacon is not responsible for any damages or losses you may suffer as a result of your electronic transmission of confidential or sensitive information to us. Please refer to Beacon’s Privacy Policy for more information.
- Termination.
- This Agreement shall remain in force and effective unless and until terminated as provided in this Section 11.
- You may terminate this Agreement at any time by selecting the option to terminate via the Services.
- Beacon may terminate this Agreement immediately with or without notice and/or may deny you access to the Site or Services, in Beacon’s sole discretion, in the event you breach, or threaten to breach, any term of this Agreement.
- Upon any termination of this Agreement, you must immediately discontinue use of the Site and Services.
- Sections 5 – 9, this Section 11.e and Section 12 shall survive any termination of this Agreement.
- General.
- No Waiver. No consent or waiver by either party to, or of any breach or default by, the other party in its performance of its obligations under this Agreement will be deemed or construed to be a consent to, or a waiver of, a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing.
- Severability. If any provision of these terms and conditions is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
- Governing Law. This Agreement is governed by the laws of Ontario and the laws of Canada applicable therein, excluding any conflict of laws that would lead to the application of any other laws. By accessing the Site or Services, you hereby irrevocably submit and attorn to the provincial and federal courts located in the City of Toronto, Ontario, for any disputes or matters arising from, connected with, or relating to the Site, the Services, this agreement, or any related matters.
- Monitoring. We reserve the right to monitor your Site and Services usage to (a) ensure compliance with this Agreement and (b) collect and compile (x) non-identifiable data related to your usage and (y) data derived from submissions or collections that cannot be associated with you.
- Interpretation. Section headings have been added for convenience of reference and will not be deemed part of this Agreement. For purposes of this Agreement, “will” and “shall” are intended to have equivalent meaning, and “including” will mean “including without limitation.”
- Assignment. You may not assign any of your rights or obligations under this Agreement.
- Entire Agreement. Subject to any appliable Service-Specific Terms, this Agreement sets forth the entire understanding and Agreement between you and us, whether written or oral, with respect to the subject matter hereof and supersedes any prior or contemporaneous understandings or Agreements with respect to such subject matter.
- Language. In the event that this Agreement is characterized or construed as a contract of adhesion under Québec law, the party to this Agreement on whom the essential terms and conditions or stipulations are unilaterally imposed and are not negotiable (the adhering party) acknowledges having been provided by the other party with a French version of the Agreement at no cost, and thereafter, has explicitly expressed its willingness to be bound by the Agreement written exclusively in English. The parties have expressly required and mutually agree to be bound exclusively by the English version of the Agreement. The parties further agree that all documents related to this Agreement, including notices and other communications, be drafted exclusively in English. Dans l’éventualité où la présente convention est qualifiée ou interprétée comme étant un contrat d’adhésion en vertu du droit applicable au Québec, la partie à cette convention pour qui les stipulations essentielles sont unilatéralement imposées et sont non négociables (la partie adhérente) reconnaît qu’une version française de celle-ci lui a été remise sans aucun frais par l’autre partie, et par la suite, avoir expressément exprimé sa volonté d’être liée à la convention rédigée exclusivement en anglais. Les parties ont expressément requis et conviennent mutuellement d’être liées exclusivement par la version anglaise de la convention. Les parties conviennent également à ce que tous les documents se rattachant à la convention, incluant les avis et autres communications, soient rédigés exclusivement en anglais.
Changes to Agreement. Beacon may make changes to this Agreement at any time. You should review our Agreement each time you access the Site or use the Services. Your continued use of the Site or Services following the posting of any changes or notice to you of the changes constitutes your agreement to such changes.