1.3 If you are entering into these terms and conditions on behalf of your employer or acting as an employee, you warrant that you are authorized to enter into legally binding contracts on behalf of your employer. You further warrant that your employer agrees to be bound by these terms and conditions.
2. Definitions and interpretations
2.1 Throughout these terms and conditions, the following words will have the following meanings set against them:
"POS" the document issued to you by Blestoroxx Enterprise Inc. for the successful submission of your application to the respective college or university.
“Advertising” such individual media advertising campaign or programme of advertising that is purchased by the Client from Blestoroxx Enterprise Inc.;
“Advertisement” including display, classified, inserts, directories, banners, mini-sites, button Advertisements and any other announcement designed to promote activities including Campaigns and Programmes publicly;
“Advertising Agency/Agent” - individual or company instructed to act on behalf of the Client as an agent;
“Attendee” any person attending an Event in person or who has access to an Online Event;
“Blestoroxx Enterprise Inc.” shall mean https://www.blestoroxx.com/ limited to 55 Village Centre Pl #200, Mississauga, ON L4Z 1V9
“Content” any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
“Client” any individual or company purchasing services from Blestoroxx Enterprise Inc.;
“Directories” shall mean the Blestoroxx Personal Directory;
“Event” any event hosted by Blestoroxx Enterprise Inc., including but not limited to any training, seminar, workshop, conferences, summits and awards event as the same may be attended in person or as an Online Event;
“Membership” any Membership Product that is offered by Blestoroxx Enterprise Inc. in consideration for registering via the Website and agreeing to these terms and conditions;
“Member(s)” Users who have an active subscription to a Membership Product;
“Membership Product(s)” Services and Content offered to Members in a subscription package upon registering as a Member depending on the specific Membership tier that they have purchased;
“Membership” a Members subscription package to a Membership Product;
“Online Event” an Event at which Attendees do not attend in person, but are given access to a virtual Event online via various interactive tools, including live and on-demand video streaming, web conferencing and online training courses;
“Partner Download(s)” Third Party Content in the form of a Report created by Partners and uploaded to the Website and available to Users on terms as specified on the relevant part of the Website;
“Programme” succession of Campaign(s) managed by Blestoroxx Enterprise Inc.
“Services” collectively or individually as appropriate, any product or service provided by Blestoroxx Enterprise Inc.
“User,” “Users,” “you” Any and all persons who access the Site and services provided by Blestoroxx Enterprise Inc., including but not limited to Members;
“Website” the website owned by Blestoroxx Enterprise Inc. with the URL: https://www.blestoroxx.com/ and any sub-domains of this site, unless expressly excluded by their terms and conditions.
2.2 In these terms and conditions, unless the context requires a different interpretation:
2.2.1. the singular includes the plural and vice versa;
2.2.2. references to sub-clauses, clauses, schedules or appendices are to sub-clauses, clauses, schedules or annexes of these terms and conditions;
2.2.3. a reference to a person includes firms, companies, government entities, trusts and partnerships;
2.2.4. 'including' is understood to mean 'including without limitation';
2.2.5. reference to any statutory provision includes any modification or amendment of it;
3. Fees & Payments
3.1 The user of any products or services produced or promoted by Blestoroxx Enterprise Inc. or published on www.blestoroxx.com will pay all relevant fees in connection with Blestoroxx Enterprise Inc, as outlined in Blestoroxx Enterprise Inc.'s standard price list, as set forth on Blestoroxx Enterprise Inc. website or as otherwise provided to you. All fees are quoted and payable in Canadian dollars.
3.2 Blestoroxx Enterprise Inc. may require you to pay an Application processing deposit depending on the country from where you are operating Blestoroxx Enterprise Inc.'s website or any purchasing products or services produced or promoted by Blestoroxx Enterprise Inc., other characteristics applicable to users, members, investors or partners. The details regarding the product or service processing deposit and countries to which it will apply may be viewed on the Blestoroxx Enterprise Inc.'s website and may be changed by Blestoroxx Enterprise Inc. from time to time. The situations where a product or service processing deposit is refundable and conditions where an Application processing deposit will NOT be returned to you are set out on the Blestoroxx Enterprise Inc.' Website. Blestoroxx Enterprise Inc. Partners or other third parties set certain fees charged by Blestoroxx Enterprise Inc. under this Agreement, and Blestoroxx Enterprise Inc. has no control over the fee amount but remits/forward such fee directly to the applicable Blestoroxx Enterprise Inc. Partner or third party, and that payment obligations are therefore non-cancellable and fees paid are non-refundable.
3.3 Blestoroxx Enterprise Inc. reserves the right to modify such fees, upon reasonable notice, which may be performed by updating Blestoroxx Enterprise Inc.’s standard price list, as set forth on Blestoroxx Enterprise Inc.’s website. Your use of the Blestoroxx Enterprise Inc.'s website (www.blestoroxx.com) or any product or service produced or promoted by Blestoroxx Enterprise Inc. following such changes constitutes your acceptance of any new or increased charges.
3.4 Where you pay fees utilizing a credit card, you authorize Blestoroxx Enterprise Inc. or its third-party payment processor to automatically charge you for any all forms of costs incurred by you for Blestoroxx Enterprise Inc. If your credit card is rejected for any reason, you will be responsible for any fees and charges associated with such rejection.
3.5 The foregoing will not limit Blestoroxx Enterprise Inc.’s ability to exercise any rights available to it in law or equity respecting the collection of any amounts payable hereunder, and you will also be responsible for paying for all reasonable fees and costs incurred by Blestoroxx Enterprise Inc.’, including legal fees, in collecting any overdue amounts or enforcing any provision of this Agreement.
3.6 Interest on Late Payments: In addition to any other rights and remedies available to Blestoroxx Enterprise Inc., Blestoroxx Enterprise Inc. will be entitled to charge interest on all outstanding amounts at the lesser of 1.5% per month or the maximum rate permitted by Applicable Law, such interest commencing as of the due date for such payment.
3.7 Taxes: You are responsible for, and will pay all taxes relating to this Agreement, excluding any charges based on the net income of Blestoroxx Enterprise Inc. Unless otherwise indicated, all amounts payable by you under this Agreement are exclusive of any tax, duty, levy, or similar governmental charge that may be assessed by any jurisdiction, whether based on gross revenue, the delivery, possession or use of the Blestoroxx Enterprise Inc., the execution of this Agreement or otherwise. If you are required to withhold any taxes from payments owed under this Agreement, the amount of payment due will automatically be increased to offset such tax, so that the amount remitted to Blestoroxx Enterprise Inc. will equal the amount due. You will punctually provide Blestoroxx Enterprise Inc. with copies of all official receipts evidencing payment of taxes due under or concerning this Agreement to the appropriate taxing authority.
4. Intellectual property and acceptable use of Content
4.1 Content available via Blestoroxx Enterprise Inc. and this Website on a free of charge basis and in consideration for a specified payment, as part of a Membership Subscription, Partnership Package and content included within the various products, article sections of the Website although this list is non-exhaustive.
4.2 All Content included on the Website unless uploaded by Users, Members or Partners or as stated otherwise, is the property of Blestoroxx Enterprise Inc. and our affiliates, licensees or other relevant third parties. By continuing to use the
Website Users acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission;
4.3 Subject to clause 4 Blestoroxx Enterprise Inc. hereby grants to the User a non-exclusive, worldwide licence for the duration of the Membership or in the case of a User who is not a Member, until Blestoroxx Enterprise Inc. may choose to revoke such consent, to download, store, use, reproduce, transmit, display, copy, and provide access to Content in accordance with the terms of the Membership (where applicable) and at all times only for the User's information purposes and for the avoidance of doubt, not for any commercial or business purposes.
4.4 Notwithstanding any other rights or remedies available to it, Blestoroxx Enterprise Inc. shall have the right to terminate any licence granted to any User, to terminate any Membership (where applicable) or block a User from the Website in the event of any breach by such User of any of the terms and conditions of the licence.
Without prejudice to any rights granted herein, Blestoroxx Enterprise Inc. reserves the right to amend, edit or abbreviate or take down any Content at our discretion.
4.5 Notwithstanding the above, where a User is paying for additional premium content (“Pre-Paid Content”) such Users acknowledge that their access to such Pre-Paid Content is conditional upon payment in accordance with the payment methods set out on the Website before access to such Pre-Paid Content is permitted, and no licence shall be granted until payment has been received in full for the relevant Pre-Paid Content. For the avoidance of doubt, all one-off fees payable for services shall be non-refundable, and the period of the licence granted in such Content may only live for the duration of a Users Membership subscription.
4.6 Subject to clause 4 below, Users (whether in their capacity as Members or Users) can upload content or postings content on the Web site's comments sections, as well as the material they include on Member Profiles (“User Generated Content”) and in doing so Users grant to Blestoroxx Enterprise Inc. a free of charge, worldwide, perpetual licence in all media in such User Content.
5. Availability of the Website and Disclaimers
5.1 The Website and Services are provided "as is" and "as available" basis. Blestoroxx Enterprise Inc. gives no warranty that the Website or Services will be free of defects and/or faults. To the maximum extent permitted by the law, Blestoroxx Enterprise Inc. provides no warranties (expressed or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Blestoroxx Enterprise Inc. is under no obligation to update information on the Website.
5.2 while Blestoroxx Enterprise Inc. uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, Blestoroxx Enterprise Inc. give no warranty or guarantee in that regard, and all Users take responsibility for their security, that of their details and their computers.
5.3 Blestoroxx Enterprise Inc. accepts no liability for any disruption or non-availability of the Website.
5.4 B2B Marketing reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
6. Limitation of Liability
6.1 Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your responsibilities in any way that is not permitted under applicable law.
6.2 We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
6.3 To the maximum extent permitted by law, Blestoroxx Enterprise Inc. accepts no liability for any of the following:
6.3.1 any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
6.3.2 loss or corruption of any data, database or software;
6.3.3 any special, indirect or consequential loss or damage.
7. Website Content and Services
7.1 Except as otherwise expressly agreed to by Blestoroxx Enterprise Inc. in writing, information regarding Blestoroxx Enterprise Inc. products and Services is subject to change without notice.
7.2 Information about Blestoroxx Enterprise Inc. Products and Services made available on and/or through this Website shall not constitute a representation, warranty or other commitment by Blestoroxx Enterprise Inc. concerning any product or service unless otherwise expressly agreed to by Blestoroxx Enterprise Inc. in writing.
7.3 Without limiting the generality of the foregoing, Blestoroxx Enterprise Inc. hereby disclaims all warranties, expressed or implied, as to the accuracy, suitability for any purpose or completeness, therefore.
8. Third Party Content
8.1 This Website sometimes makes specific available Content that has not been created by Blestoroxx Enterprise Inc. either via hyperlinks which may take Users to websites not controlled or maintained by Blestoroxx Enterprise Inc., or as hosted via the Website whether or not such Content is available free of charge, to Members only or for a fee, for example, Partner Downloads, Member profiles and other materials posted by other Users on the Website blogs and forums ("Third Party Content") .
8.2 Any copying, distribution, reproduction, retransmission, or modification of any of the Third Party Content or any information or materials appearing in such Third Party Content, whether in electronic or hard copy form, is subject to the prior written permission of the author and publisher of such Third Party Content.
8.3 Third Party Content is not the responsibility of Blestoroxx Enterprise Inc., and Users acknowledge and confirm that Blestoroxx Enterprise Inc. has no control over the opinions, information, legality of products, or accuracy of facts or statements contained in such Third Party Content and furthermore Blestoroxx Enterprise Inc. cannot guarantee and makes no representation or warranty as to the accuracy, veracity, or completeness of any such information provided. Nothing contained within Third Party Content necessarily represents the point of view of Blestoroxx Enterprise Inc.
8.4 Blestoroxx Enterprise Inc. cannot and does not confirm each User's identity, whether or not they are a Member. Blestoroxx Enterprise Inc. allows Members to give access to information about themselves to other Members but does not control the information provided by Users or Members.
8.5 In the event that you have a dispute or issue with one or more of the other Users, you agree to unconditionally release Blestoroxx Enterprise Inc. (and our officers, directors, agents, subsidiaries and employees) from any and all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Users may become Blestoroxx Enterprise Inc. Members so that they may gain access to additional content (including Third Party Content) and Blestoroxx Enterprise Inc. in accordance with the Membership tier as defined on the Blestoroxx Enterprise Inc. here: https://www.blestoroxx.com/membership, in consideration for such fees (where applicable) as specified therein and agreement from Users to participate as a Member. Every member should be aware that after becoming a member, they will be sanctioned a unique BEI ID.
9.3 Free Membership commences upon registration and shall continue until Member gives notice according to clause 9.7 below.
9.4 Any subscriptions to Membership Products are deemed to commence from the date of receipt of User's completed order, registration form or online registration.
9.5 With the limited exception of Free Membership, payment is required immediately online before the activation of membership and access to any Services, upon payment of such fee.
9.6 Members may cancel their renewal within 30 days of the Renewal Date, at no cost. To cancel any Membership Product, Members must inform Blestoroxx Enterprise Inc. in writing by emailing email@example.com. Any cancellation by Members must be in writing, and a full refund will be given only if Blestoroxx Enterprise Inc. receives this within five working days of the date of purchase. No refund shall be granted if Members cancel a membership or service part way through the service.
Users may purchase the products as the same as quoted by Blestoroxx Enterprise Inc.
11. Events: Training, Seminars, Conference and Awards
The booking and attendance at all Events shall be subject to the following:
11.1 Payment Policy: Where payment is required to attend an Event, this must be made before the date of the Event. Late payment will result in a ‘late payment administration charge.' The relevant fees and payment methods are listed with each Event description.
11.2 Attendee Substitutions: Entry to Events is permitted only to named individuals who have booked such entry or invited by Blestoroxx Enterprise Inc. Should an Attendee wish to nominate someone else to attend in their place, they must contact such entry at least 48 hours before the commencement of the Event, or such other time as is reasonable in the circumstances. For the avoidance of doubt, should you nominate an alternative Attendee, you warrant and confirm that they will agree to the terms and conditions herein, or you shall remain primarily liable for such substitution Attendee.
11.3 Changes To Events: such entry, aims to deliver high-quality Events in the manner in which they are advertised. However, it may become necessary to alter and/or change some aspects including by way of example the choice of speakers, venue, date and timings, although this list is illustrative and shall not be deemed to be exhaustive. Blestoroxx Enterprise Inc. shall, where reasonable and possible to do so, make such reasonable changes to Events if necessary, and shall inform Attendees of any such relevant changes in a reasonable time before the relevant Event. For the avoidance of doubt, Blestoroxx Enterprise Inc. shall not be in breach of contract if such changes are necessary, and Attendees shall not be permitted to obtain a refund of any fees payable.
11.4 Online Events
11.4.1 Blestoroxx Enterprise Inc. may require that Attendees access Online Events via a third party website channels. Attendees acknowledge and confirm that such access may need Attendees to be subject to any terms and conditions required by the owner of such third party Channel (“Channel Owner”) including any registration requirements, and their privacy policies.
11.4.2 Blestoroxx Enterprise Inc. accepts no liability for any error, fault, or interruption in the service of any Channel or Channel Owner.
(a) data from Attendee's Member profile, and/or collected upon registration to view the Online Event with the relevant Event Sponsors and Channel Owners;
(b) details of the content you have viewed on that Channel and viewing times with the relevant Channel Owner.
11.4.4 For this agreement, "Event Sponsor" means any third party who sponsors an Event in exchange for brand promotion, thought leadership opportunities, and the leads generated from the Event audience where applicable.
11.5 In the case of all Blestoroxx Enterprise Inc. events including the annual Blestoroxx Enterprise Inc. Awards, all tickets and "sponsorship" purchased are non-refundable.
11.6 For the avoidance of doubt, no liability is accepted on the part of Blestoroxx Enterprise Inc. for any statements or opinions expressed (whether by Attendees, or speakers, or otherwise) at Events.
11.7 Event sponsorship and exhibition space: In all case where an agreement of event sponsorship, incorporating exhibition space, not limited to fixed shell scheme, but also including space provided to a client to erect their stand; the client must abide by the limitations of the agreement and space provided. All event sponsorship agreements will be written and cannot be broken by the client. Blestoroxx Enterprise Inc. reserves the right to cancel any event sponsorship contracts, if, for any reason, the event is cancelled or postponed. If the event is delayed within a reasonable timeframe, the agreement will remain valid and roll over to the new date.
12. Media Purchasing
All media and advertising placed with Blestoroxx Enterprise Inc. shall be subject to the following:
12.1 All Advertisements are accepted subject to Blestoroxx Enterprise Inc.'s approval of the copy and the space being available.
12.2 Blestoroxx Enterprise Inc. reserves the right to omit or suspend any Advertising (or part thereof) at any time for if Blestoroxx Enterprise Inc. holds the belief that publication may be unlawful, defamatory, put Blestoroxx Enterprise Inc. into disrepute, in breach of any form or client damage. In this case, no one holds any right to claim Blestoroxx Enterprise Inc.
12.3 If Blestoroxx Enterprise Inc. considers it necessary to modify the space or alter the date or position of insertion or make any other alteration, the Client will have the right to cancel if the modifications requested are unacceptable, unless such changes are due to an emergency or circumstances beyond Blestoroxx Enterprise Inc.'s control. Every care is taken to avoid mistakes, but B2B Marketing cannot accept liability for any errors due to third parties, subcontractors or inaccurate copy instructions. In any event, the Client acknowledges and confirms that its sole remedy for such inaccuracies in Advertisements will be for Blestoroxx Enterprise Inc. to use its reasonable endeavours to remedy such mistakes upon notice from the Client, where practicable. For the avoidance of doubt, the Client accepts that Advertisements which have gone to print cannot be altered.
12.4 The Client warrants that the Advertisement does not contravene any Act of Parliament nor is it in any other way illegal or defamatory or an infringement of any other party's rights. Country of origin of goods advertised can be shown in advertisements.
12.5 The Client will indemnify Blestoroxx Enterprise Inc. fully in respect of any claim made against Blestoroxx Enterprise Inc. arising from Blestoroxx Enterprise Inc.'s publication of any Advertisement or part thereof resulting from a breach of any term, condition, undertaking or warranty given hereunder or otherwise to Blestoroxx Enterprise Inc. Blestoroxx Enterprise Inc. may consult with the Advertiser as to the way in which such claims are to be handled, and may require the Client to enter as a party to any claim.
12.6 In the case of the Client failure to make complete payment within pre-provided days of the invoice date occurred, the client will be charged some additional amount. If at any time legal fees and costs are incurred as a result in obtaining payment from the Client, those costs will be charged back to the Client.
12.7 Client's materials which may be delivered to Blestoroxx Enterprise Inc. including but not limited to property and artwork are held by Blestoroxx Enterprise Inc. at Client's risk and should be insured by them against loss or damage from whatever cause. Blestoroxx Enterprise Inc. reserves the right to destroy all artwork, which has been in his custody for twelve months from the date of its last appearance.
13 Payment Policy
Unless specified herein or at the point of purchase to the contrary, Blestoroxx Enterprise Inc. invoices for any Service are due for payment as the notified date on the invoice. Blestoroxx Enterprise Inc. reserve the right to charge for costs and expenses incurred in recovering late fees, and charge interest on overdue amounts.
14.1 Dependence on Blestoroxx Enterprise Inc. Services: The contents of any of Blestoroxx Enterprise Inc. Services or the Website do not constitute advice and should not be relied on in taking, or refraining from making, any decision or action. Under no circumstances shall Blestoroxx Enterprise Inc. be liable for direct, indirect, or incidental damages resulting from your use of information, commentary, advice or other content on the Website or Services. You agree to indemnify Blestoroxx Enterprise Inc. against any actions, claims, proceedings, or liabilities arising from your use of the Website or Services.
14.3 Force Majeure: If by reason of any inability to obtain materials, fire or other action of the elements, accidents, power or telecommunications failure, governmental restrictions or appropriation or other causes beyond the control of a party, such Blestoroxx Enterprise Inc. is unable to perform in whole or in part its obligations set forth in these terms, then Blestoroxx Enterprise Inc. shall be relieved of those obligations to the extent it is thereby unable to perform, and such inability to perform shall not make B2B Marketing liable to any other party.
14.4 Users may not transfer any of their rights under these terms and conditions to any other person. Blestoroxx Enterprise Inc. may assign their rights under these terms and conditions where Blestoroxx Enterprise Inc. reasonably believes Users rights will not be affected.
14.5 Blestoroxx Enterprise Inc. may vary these terms and conditions from time to time. Such revised terms will apply from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
14.6 These terms and conditions contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place concerning the terms and conditions.
14.7 The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
14.8 If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
14.9 Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.