Terms of Service

Date of last update: 25 October 2024

AGREEMENT TO OUR LEGAL TERMS

We, PROSPER IN BUSINESS LIMITED (referred to as the "Company", "we", "us", or "our"), are a company incorporated in the United Kingdom with our registered office located at Dept 2, 43 Owston Road, Carcroft, Doncaster, DN6 8DA, United Kingdom.

We operate the website https://www.vipcanadadeals.com/ (the "Site"), along with any related products and services, collectively referred to as the "Services". These Services are governed by the terms and conditions outlined in this agreement (the "Legal Terms").

You may contact us via the following methods: * Phone: +447418378160 * Email: support@vipcanadadeals.com * Post: Dept 2, 43 Owston Road, Carcroft, Doncaster, DN6 8DA, United Kingdom

These Legal Terms constitute a legally binding agreement between you, whether acting in a personal capacity or on behalf of an entity ("you"), and PROSPER IN BUSINESS LIMITED, regarding your access to and use of the Services. By accessing the Services, you confirm that you have read, understood, and agree to be bound by all the provisions of these Legal Terms.

IF YOU DO NOT AGREE TO ALL OF THESE LEGAL TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND MUST CEASE USE IMMEDIATELY.

Any supplemental terms or documents that may be posted on the Services from time to time are expressly incorporated into these Legal Terms by reference. We reserve the right, at our sole discretion, to amend or modify these Legal Terms periodically. Any changes will be communicated by updating the "Date of Last Update" at the top of these Legal Terms. You hereby waive any right to receive specific notification of each such amendment. It is your responsibility to review these Legal Terms periodically to remain informed of any updates. Your continued use of the Services after the posting of revised Legal Terms will constitute your acceptance of any changes. The Services are intended for users who are at least 18 years of age. Individuals under the age of 18 are not permitted to use or register for the Services.

Table of Contents

 

1. Our Services

The information provided through the Services is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to applicable law or regulation, or where it would subject us to any registration requirement within such jurisdiction or country. Therefore, individuals who choose to access the Services from other locations do so on their own initiative and are solely responsible for ensuring compliance with local laws, where and to the extent those laws are applicable.

2. Intellectual Property Rights

Our Intellectual Property We are the owner or licensee of all intellectual property rights in our Services, including but not limited to all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics contained within the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos (the "Marks").

Our Content and Marks are protected by copyright, trademark laws, and other intellectual property rights and unfair competition laws, both in the United Kingdom and internationally.

The Content and Marks are provided in or through the Services on an "AS IS" basis for your personal, non-commercial use or internal business purposes only.

Your Use of Our Services Subject to your compliance with these Legal Terms, including the 'Prohibited Activities' section below, we grant you a non-exclusive, non-transferable, revocable licence to: * access the Services; and * download or print a copy of any portion of the Content to which you have lawfully gained access, solely for your personal, non-commercial use or internal business purposes.

Except as explicitly permitted in this section or elsewhere in our Legal Terms, no part of the Services, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express prior written permission.

If you wish to use the Services, Content, or Marks in a manner not outlined in this section or elsewhere in our Legal Terms, please submit your request via email to: support@vipcanadadeals.com. If permission is granted to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owner or licensor and ensure that any copyright or proprietary notice is visible on the posted, reproduced, or displayed Content.

We reserve all rights not expressly granted to you in relation to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights constitutes a material breach of our Legal Terms and will result in the immediate termination of your right to use our Services.

Your Submissions Please review this section and the 'Prohibited Activities' section carefully before using our Services to understand (a) the rights you grant us and (b) your obligations when posting or uploading content through the Services.

Submissions: By submitting any questions, comments, suggestions, ideas, feedback, or other information regarding the Services ("Submissions"), you assign all intellectual property rights in those Submissions to us. You agree that we will own these Submissions and are entitled to their unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

Responsibility for Your Submissions: By submitting content through any part of the Services, you: * confirm that you have read and agree with our 'Prohibited Activities' section and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening, sexually explicit, false, inaccurate, deceitful, or misleading; * waive, to the extent permitted by law, any and all moral rights in such Submissions; * warrant that any such Submissions are original to you or that you have the necessary rights and licences to submit them and that you have full authority to grant us the above-mentioned rights; and * represent and warrant that your Submissions do not contain any confidential information.

You are solely responsible for your Submissions and expressly agree to indemnify us for any and all losses we may suffer as a result of your breach of (a) this section, (b) any third party's intellectual property rights, or (c) applicable law.

3. User Representations

By using the Services, you represent and warrant that: 1. You have the legal capacity and agree to comply with these Legal Terms; 2. You are not a minor in the jurisdiction in which you reside; 3. You will not access the Services through automated or non-human means, including but not limited to bots, scripts, or other automated methods; 4. You will not use the Services for any illegal or unauthorised purpose; and 5. Your use of the Services will not violate any applicable laws or regulations.

If you provide any information that is untrue, inaccurate, outdated, or incomplete, we reserve the right to suspend or terminate your account and refuse any current or future access to the Services (or any portion thereof).

4. Prohibited Activities

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial activities except those specifically endorsed or approved by us.

As a user of the Services, you agree not to: * Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without our written permission. * Deceive, defraud, or mislead us and other users, particularly in attempts to obtain sensitive account information such as user passwords. * Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or impose limitations on the use of the Services and/or the Content contained therein. * Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services. * Use any information obtained from the Services to harass, abuse, or harm another person. * Misuse our support services or submit false reports of abuse or misconduct.
* Use the Services in a manner inconsistent with any applicable laws or regulations. * Engage in unauthorised framing of or linking to the Services. * Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other harmful materials, including the excessive use of capital letters and spamming (continuous posting of repetitive text), which interfere with any party's uninterrupted use of the Services or alter, impair, disrupt, or interfere with the use, features, functions, operation, or maintenance of the Services. * Engage in any automated use of the system, such as using scripts to send comments or messages, or using data mining, robots, or similar data gathering and extraction tools. * Delete the copyright or other proprietary rights notice from any Content. * Attempt to impersonate another user or person, or use the username of another user. * Upload or transmit (or attempt to upload or transmit) any material that functions as a passive or active information collection or transmission mechanism, including but not limited to clear graphics interchange formats ('gifs'), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or 'pcms'). * Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services. * Harass, annoy, intimidate, or threaten any of our employees or agents involved in providing any portion of the Services to you. * Attempt to bypass any measures designed to prevent or restrict access to the Services, or any portion of the Services. * Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code. * Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or forming part of the Services. * Use, launch, develop, or distribute any automated system, including but not limited to spiders, robots, cheat utilities, scrapers, or offline readers that access the Services, or use or launch any unauthorised script or other software, except as a result of standard search engine or Internet browser usage. * Use a buying agent or purchasing agent to make purchases on the Services. * Make any unauthorised use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited emails, or creating user accounts by automated means or under false pretences. * Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavour or commercial enterprise. * Use the Services to advertise or offer to sell goods and services. * Sell or otherwise transfer your profile.

5. User Generated Contributions

The Services do not currently allow users to submit or post content. However, we may provide opportunities for you to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or via the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, personal information, or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Services and through third-party websites. When you create or make available any Contributions, you represent and warrant that: * The creation, distribution, transmission, public display, performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe upon the proprietary rights, including but not limited to copyright, patent, trademark, trade secret, or moral rights, of any third party. * You are the creator and owner of, or have the necessary licences, rights, consents, releases, and permissions to use and to authorise us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms. * You have obtained the written consent, release, and/or permission of each identifiable individual in your Contributions to use their name or likeness to enable inclusion and use of your Contributions as contemplated by the Services and these Legal Terms. * Your Contributions are not false, inaccurate, or misleading. * Your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation. * Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us). * Your Contributions do not ridicule, mock, disparage, intimidate, or abuse any individual. * Your Contributions are not used to harass or threaten (in the legal sense) any person and do not promote violence against any person or group of people. * Your Contributions do not violate any applicable law, regulation, or rule. * Your Contributions do not infringe upon the privacy or publicity rights of any third party. * Your Contributions do not violate any law concerning child pornography or any other legislation designed to protect the health and well-being of minors. * Your Contributions do not include offensive comments related to race, national origin, gender, sexual preference, or physical disability. * Your Contributions do not violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.

Any use of the Services in violation of the above terms constitutes a breach of these Legal Terms and may result in, among other things, the termination or suspension of your rights to use the Services.

6. Contribution License

You and the Services agree that we may access, store, process, and use any information and personal data that you provide, along with your preferences (including settings).

By submitting suggestions or other feedback regarding the Services, you agree that we may use and share such feedback for any purpose without compensation to you.

We do not claim ownership over your Contributions. You retain full ownership of all your Contributions and any intellectual property or proprietary rights associated with them. We are not responsible for any statements or representations made by you in your Contributions. You are solely responsible for your Contributions to the Services and expressly agree to release us from any liability and refrain from taking any legal action against us regarding your Contributions.

7. Guidelines for Reviews

We may provide areas on the Services where users can leave reviews or ratings. When posting a review, you agree to adhere to the following criteria: 1. You must have firsthand experience with the person or entity being reviewed. 2. Your reviews must not contain offensive language, including profanity, abusive, racist, or hateful language. 3. Your reviews must not include discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability. 4. Your reviews must not reference any illegal activity. 5. You must not be affiliated with competitors if you post negative reviews. 6. You must not make any legal conclusions regarding conduct. 7. Your reviews must not contain false or misleading statements. 8. You must not organise a campaign encouraging others to post reviews, whether positive or negative.

We reserve the right to accept, reject, or remove reviews at our sole discretion. We have no obligation to monitor or delete reviews, even if someone finds them objectionable or inaccurate. Reviews are not endorsed by us and do not necessarily reflect our views or the views of any of our affiliates or partners. We assume no liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you grant us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable licence to reproduce, modify, translate, transmit, display, perform, and distribute all content relating to the review.

8. Third-Party Websites and Content

The Services may contain, or you may be sent via the Site, links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked by us for accuracy, appropriateness, or completeness, and we accept no responsibility for any Third-Party Websites accessed through the Services or any Third-Party Content available on or installed from the Services. This includes the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of the Third-Party Websites or the Third-Party Content.

The inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or Third-Party Content does not imply approval or endorsement by us. If you choose to leave the Services and access any Third-Party Websites or use or install any Third-Party Content, you do so at your own risk. Upon leaving the Services, these Legal Terms no longer apply. You are advised to review the applicable terms and policies, including privacy and data gathering practices, of any website you navigate to from the Services or relating to any applications you use or install from the Services.

Any purchases made through Third-Party Websites are conducted with other websites and companies, and we accept no responsibility for such transactions, which are exclusively between you and the applicable third party. You agree that we do not endorse the products or services offered on Third-Party Websites and that you shall hold us blameless for any harm caused by your purchase of such products or services. Additionally, you agree to hold us harmless for any losses sustained by you or harm caused to you resulting from any Third-Party Content or interactions with Third-Party Websites.

9. Advertisers

We allow advertisers to display advertisements and other information in specific areas of the Services, such as sidebar or banner advertisements. Our role is limited to providing the space for these advertisements, and we have no further relationship with the advertisers beyond this.

10. Services Management

We reserve the right, but not the obligation, to: 1. Monitor the Services for violations of these Legal Terms; 2. Take appropriate legal action, at our sole discretion, against any individual who violates the law or these Legal Terms, including reporting such users to law enforcement authorities; 3. In our sole discretion, and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; 4. In our sole discretion, and without limitation or notice, remove from the Services or otherwise disable files and content that are excessive in size or burdensome to our systems; and 5. Manage the Services in a manner designed to protect our rights and property and to ensure the proper functioning of the Services.

11. Privacy Policy

We take data privacy and security seriously. By using the Services, you agree to be bound by our Data Privacy Policy, which is posted on the Services and incorporated into these Legal Terms. Please note that the Services are hosted in the United Kingdom. If you access the Services from a region outside the United Kingdom that has laws or regulations governing personal data collection, use, or disclosure differing from those in the United Kingdom, by continuing to use the Services, you consent to the transfer and processing of your data in the United Kingdom.

12. Term and Termination

These Legal Terms shall remain in effect for as long as you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION, FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS, OR FOR VIOLATION OF ANY APPLICABLE LAW OR REGULATION. We may terminate your use of, or participation in, the Services or delete any content or information you have posted at any time, without notice, in our sole discretion.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a false name, or the name of any third party, even if you are acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to pursue any appropriate legal action, including but not limited to civil, criminal, and injunctive remedies.

13. Modifications and Interruptions

We reserve the right to modify, change, or remove the content of the Services at any time or for any reason at our sole discretion, without notice. However, we are not obligated to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee that the Services will always be available. We may experience hardware, software, or other technical issues or need to perform maintenance related to the Services, which could result in interruptions, delays, or errors. We reserve the right to modify, revise, update, suspend, or discontinue the Services at any time or for any reason without notice. You agree that we are not liable for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuation. Nothing in these Legal Terms obligates us to maintain or support the Services or to provide any corrections, updates, or releases related to the Services..

14. Governing Law

These Legal Terms are governed by and shall be interpreted in accordance with the laws of the United Kingdom, with the express exclusion of the United Nations Convention on Contracts for the International Sale of Goods. If your habitual residence is within the EU and you are a consumer, you are additionally entitled to the protection afforded to you by the mandatory provisions of the law in your country of residence. Both PROSPER IN BUSINESS LIMITED and you agree to submit to the non-exclusive jurisdiction of the courts of London, meaning you may bring claims related to these Legal Terms either in the United Kingdom or in the EU country where you reside to defend your consumer protection rights.

15. Dispute Resolution

Informal Negotiations To expedite the resolution and reduce the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to resolve any Dispute informally for at least thirty (30) days before initiating arbitration. Such informal negotiations shall commence upon written notice from one Party to the other.

Binding Arbitration Any Dispute arising from the relationship between the Parties to these Legal Terms shall be resolved by a single arbitrator, selected in accordance with the Arbitration and Internal Rules of the European Court of Arbitration, part of the European Centre of Arbitration, based in Strasbourg. These rules shall apply as they stand at the time the arbitration request is submitted. The seat of arbitration shall be London, United Kingdom, and the proceedings shall be conducted in English. The substantive law applied shall be that of the United Kingdom.

Restrictions The Parties agree that any arbitration shall be limited to the individual Dispute between the Parties. To the fullest extent permitted by law: (a) no arbitration shall be combined with any other proceeding; (b) no Dispute shall be arbitrated on a class-action basis or using class-action procedures; and (c) no Dispute may be brought in a representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect the intellectual property rights of a Party; (b) any Dispute related to or arising from allegations of theft, piracy, invasion of privacy, or unauthorised use; and (c) any claim for injunctive relief.

If this provision is found to be illegal or unenforceable, then neither Party shall elect to arbitrate any Dispute falling within the portion of this provision found to be illegal or unenforceable. Such Dispute shall instead be decided by a court of competent jurisdiction as per the jurisdictional provisions listed above, and the Parties agree to submit to the personal jurisdiction of that court.

16. Corrections

The Services may contain information that includes typographical errors, inaccuracies, or omissions, such as descriptions, pricing, availability, and other details. We reserve the right to correct any such errors, inaccuracies, or omissions and to modify or update the information on the Services at any time, without prior notice.

17. Disclaimer

The Services are provided on an "as-is" and "as-available" basis. You agree that your use of the Services is at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Services and your use of them, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We make no warranties or representations regarding the accuracy or completeness of the content of the Services or the content of any websites or mobile applications linked to the Services. We assume no liability or responsibility for: 1. Errors, mistakes, or inaccuracies of content and materials; 2. Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Services; 3. Unauthorised access to or use of our secure servers and/or any personal or financial information stored therein; 4. Any interruption or cessation of transmission to or from the Services; 5. Bugs, viruses, Trojan horses, or other harmful elements that may be transmitted to or through the Services by any third party; and/or 6. Errors or omissions in any content or materials, or any loss or damage incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Services.

We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Services, any hyperlinked website, or any website or mobile application featured in any banner or other advertising. We are not a party to, and are not responsible for monitoring, any transaction between you and third-party providers of products or services. As with any purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

18. Limitations of Liability

In no event will we, or our directors, employees, or agents, be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profits, lost revenue, loss of data, or other damages arising from your use of the Services, even if we have been advised of the possibility of such damages.

19. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable legal fees and expenses, made by any third party due to or arising out of: 1. Your use of the Services; 2. Your breach of these Legal Terms; 3. Any breach of your representations and warranties set forth in these Legal Terms; 4. Your violation of the rights of a third party, including but not limited to intellectual property rights; or 5. Any harmful act toward any other user of the Services with whom you connected via the Services.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding subject to this indemnification upon becoming aware of it.

20. User Data

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall not be liable for any loss or corruption of such data, and you hereby waive any right of action against us arising from any such loss or corruption.

21. Electronic Communications, Transactions, and Signatures

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communications be in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, ELECTRONIC CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or the delivery or retention of non-electronic records, or to payments or the granting of credits by means other than electronic means.

22. Miscellaneous

These Legal Terms, together with any policies or operating rules posted by us on the Services or in relation to the Services, constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not be deemed a waiver of such right or provision. These Legal Terms operate to the fullest extent permitted by law. We may assign any or all of our rights and obligations to others at any time. We are not liable for any loss, damage, delay, or failure to act resulting from any event beyond our reasonable control.
If any provision or part of a provision of these Legal Terms is deemed unlawful, void, or unenforceable, that provision or part shall be severed from these Legal Terms without affecting the validity or enforceability of the remaining provisions. No joint venture, partnership, employment, or agency relationship is created between you and us as a result of these Legal Terms or your use of the Services. You agree that these Legal Terms will not be construed against us simply because we drafted them. You hereby waive any defences you may have based on the electronic form of these Legal Terms and the lack of physical signing by the parties to execute these Legal Terms.

23. Contact Us

If you have any complaints about the Services or require further information about their use, please contact us at: * Email: support@vipcanadadeals.com * Post: PROSPER IN BUSINESS LIMITED, Dept 2, 43 Owston Road, Carcroft, Doncaster, DN6 8DA, United Kingdom