+1 (647) 567-8528 info@cansecurity.ca

CAN SECURITY INC.

Terms of Use & Sale

Lock

Terms of Use & Sale

Effective date: December 01, 2023

Welcome to CAN Security Inc. (“CAN”), a video monitoring centre providing living and remote video monitoring services to business and individual customers in Canada. These Terms of Use & Sale (“Terms”) govern your access to and use of CAN’s services, products, and website (collectively, the “Services”).

By accessing, purchasing, or using CAN’s Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use CAN’s Services. CAN reserves the right to modify these Terms at any time, and your continued use of CAN’s Services after any such modification constitutes your acceptance of the updated Terms.

1. Eligibility

To be eligible to use our Services, you must:
a. Be at least 18 years of age;
b. Have the legal capacity to enter into a binding agreement;
c. Comply with all applicable laws and regulations, including Canadian privacy laws and regulations.

2. Services

CAN provides live and remote video monitoring services to businesses and individuals in Canada. CAN’s Services include, but are not limited to, real-time and remote video monitoring, incident response and coordination, and data storage and retrieval.

3. Compliance with Laws and Regulations

You agree to comply with all applicable federal, provincial, and local laws and regulations in Canada, including, but not limited to, the Personal Information Protection and Electronic Documents Act (PIPEDA), the Privacy Act, and any other privacy and data protection laws. You are responsible for obtaining all necessary consents and permissions required under these laws and regulations.

4. Account Registration and Security

To access CAN’s Services, you must create an account with us. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. CAN reserves the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete.

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify CAN of any unauthorized use of your account or any other breach of security.

5. Prices

CAN’s Services prices will cover the cost of products, consultation, installation, and monthly service fee, minus any discounts offered. All CAN’s Services prices are in Canadian dollars and exclude applicable taxes, which will be added to the total amount due.

Prices are subject to change without notice. You agree to pay for Services in advance or as specified in CAN’s invoice or agreed upon in writing by both parties. CAN reserves the right to adjust the prices of its products and services at any time and does not provide price protection or refunds for price reductions or promotional offers. 

In the event of a typographical error or pricing information error from CAN’s agents or suppliers, resulting in an incorrect listing of a product’s price, we acknowledge our commitment to fair and transparent business practices. We reserve the right to decline or cancel any orders placed for that product or service at the incorrect price. This action may be taken even if the order has been confirmed and your credit or debit card has already been charged.

If your order is canceled due to a pricing error, and you have already been charged, we are dedicated to resolving the situation promptly and fairly. In such instances, we will issue a credit to your credit or debit card account for the amount of the incorrect price. Our goal is to ensure that you are not financially disadvantaged by any inadvertent pricing discrepancies.

We value our customers and strive to provide accurate and up-to-date information. This approach is consistent with our commitment to compliance with the Consumer Protection Act in Ontario and other applicable consumer protection laws.

6. Payment Methods

CAN accepts several payment methods, including credit cards, debit cards, and bank transfers. You warrant that the payment information you provide is current, accurate, and complete, and that you have the necessary legal authorization to use the payment method provided.

7. Promotions

Occasionally, CAN may provide discounts or other promotional offers for free or discounted products or services, known as “Promo Offers”. CAN may make such offers through its website or other direct-to-consumer communication, subject to applicable laws. Each Promo Offer may have different terms and conditions, but unless otherwise stated, the following rules apply, with any discrepancies being governed by the terms specified in the Promo Offer.

Promo Offers are only redeemable for purchases made directly from CAN, such as through its website (“Promo Offer Sales”).

Promo Offers cannot be combined, have no cash value, and are non-transferable. They cannot be sold or bartered and are limited to one per registered household. Promo Offers are void where prohibited.

Customers who redeem a Promo Offer are responsible for any applicable taxes or fees associated with the corresponding Promo Offer Sale.

Promo Offers are time-limited, subject to any stated expiration date and/or supply availability limitations. If no expiration date is provided, the Promo Offer will expire earlier of when the Promo Offer is terminated or removed by CAN, or after six (6) months from the date it was first communicated to the end-user recipient. Promo Offers do not apply to prior sales or orders. CAN may, to the extent permitted under applicable law, discontinue Promo Offers at any time at its sole discretion.

CAN’s standard Terms of Sale and Terms of Use also apply to any Promo Offer Sales. All Promo Offer Sales are subject to product and service availability.

CAN reserves the right to reject orders, including those involving Promo Offers, if it has reason to suspect fraudulent activity.

Subject to any other applicable terms and conditions, if an item included in a Promo Offer Sales order is returned, CAN may, at its sole discretion, determine that such partial returns qualify only for replacements. If CAN decides to issue a refund, the amount refunded will not exceed the price paid for that item(s) under the applied Promo Offer.

Promo Offer terms may differ depending on the product or service.

8. Term and Termination

The term of CAN’s Services will be specified in the Service Agreement entered into between you and CAN or as otherwise agreed upon by the parties in writing. Either party may terminate the Service Agreement for any reason upon providing the other party with the required notice, as specified in the Service Agreement.

Upon termination, you will remain liable for any fees, charges, or other amounts due and payable under these Terms or the Service Agreement. CAN reserves the right to withhold or delete any data stored on CAN’s systems if you fail to pay any amounts due and payable under these Terms or the Service Agreement.

9. Warranties and Limitation of Liability

CAN warrants that CAN’s Services will be performed in a professional and workmanlike manner and in accordance with applicable laws and regulations. To the extent permitted by law, CAN disclaims all other warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

In no event will CAN be liable to you or any third party for any indirect, consequential, incidental, punitive, or special damages (including damages for loss of profits, goodwill, or data) arising out of or in connection with these Terms or the provision of CAN’s Services, even if CAN has been advised of the possibility of such damages.

10. Internet Access Obligation

You understand that a reliable internet connection is crucial for the proper functioning of the security monitoring services by CAN and undertake the responsibility to ensure that a suitable and uninterrupted internet connection is maintained at all times during the term of this agreement. You agree to:

  • Provide and maintain a high-speed internet connection at the subject property, meeting the specifications recommended by CAN for optimal service performance.
  • Promptly address and resolve any issues related to the internet service that may impact the functionality of the security monitoring services. This includes, but is not limited to, addressing outages, disruptions, or changes to the internet service plan.
  • Notify CAN promptly in the event of any anticipated interruptions or changes to the internet service that may affect the provision of security monitoring services.

CAN shall not be liable for any interruptions, delays, or deficiencies in the security monitoring services that result from your failure to fulfill the obligations outlined in this clause.

Data Privacy and Security

CAN is committed to protecting the privacy and security of your data. CAN will collect, store, and process your data in accordance with CAN’s Privacy Policy, which is incorporated by reference into these Terms. By using CAN’s Services, you agree to the collection, use, and disclosure of your data in accordance with CAN’s Privacy Policy.

11. Intellectual Property Rights

All intellectual property rights, including copyrights, trademarks, and trade secrets, in the Services, and any content or software used to provide the Services, are owned by CAN or CAN’s licensors. You agree not to copy, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, or distribute any of the material on CAN’s Services, except as necessary to access and use the Services as intended.

12. Limitation of Liability

In no event will CAN be liable to you or any third party for any indirect, consequential, incidental, punitive, or special damages (including damages for loss of profits, goodwill, or data) arising out of or in connection with these Terms or the use or inability to use CAN’s Services, even if CAN has been advised of the possibility of such damages.

13. Insurance Obligation

You acknowledge and agree that it is your sole responsibility to maintain adequate insurance coverage for the subject property both in accordance with statutory requirements and as contractually agreed upon. You shall ensure the continuous and proper maintenance of insurance coverage throughout the term of this agreement.

a. Statutory Insurance Requirements:

You agree to comply with all statutory insurance requirements applicable to the subject property, including but not limited to property and liability insurance, as required by local, provincial, and federal laws.

b. Contractual Insurance Requirements:

You agree to maintain insurance coverage as contractually agreed upon in any separate agreements between you, CAN and/or any other third parties, including the terms specified in any Service Agreement or related documentation.

c. Notification of Changes:

Promptly notify CAN of any changes to the insurance coverage, including but not limited to modifications in coverage limits, policy expiration, or changes in the insurance provider.

d. Proof of Insurance:

Provide CAN with current and valid proof of insurance upon request and, if necessary, update this information as required during the term of the security monitoring services.

You acknowledge that failure to maintain proper insurance coverage as stipulated in this clause may expose you to increased risks and liabilities, and may impact the ability of CAN to provide security monitoring services effectively.

CAN shall not be held responsible for any losses, damages, liabilities, or costs incurred by you arising from your failure to maintain proper insurance coverage.

14. Indemnification

You agree to indemnify, defend, and hold harmless CAN Security Inc., its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your use of CAN’s Services or your violation of these Terms.

15. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them will be governed by and construed in accordance with the laws of Canada and the Province of Ontario in which CAN Security Inc. is located, without regard to conflict of law provisions.

16. Changes to the Terms

CAN reserves the right, at CAN’s sole discretion to modify or replace these Terms at any time. If a revision is material, CAN will provide at least 30 days’ notice prior to any new terms taking effect. By continuing to access or use CAN’s Services after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you must stop using CAN’s Services.

17. Force Majeure

Neither party shall be liable for any failure or delay in the performance of its obligations under these Terms due to circumstances beyond its reasonable control, including, but not limited to, acts of God, natural disasters, pandemics, war, terrorism, labor disputes, government actions, or failures of telecommunications or transportation systems. In the event of a force majeure event, the affected party shall notify the other party and use reasonable efforts to mitigate the effects of the force majeure event.

18. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid, illegal, or unenforceable provision shall be deemed modified to the extent necessary to make it valid, legal, and enforceable while preserving its original intent.

19. Waiver

No waiver of any provision of these Terms shall be effective unless made in writing and signed by the waiving party. The failure of either party to enforce any provision of these Terms shall not be construed as a waiver of such provision or the right to enforce it at a later time.

20. Notices

All notices, requests, and other communications under these Terms must be in writing and shall be deemed duly given when personally delivered, sent by email, or sent by registered or certified mail, return receipt requested, postage prepaid, to the addresses specified in the Service Agreement or to such other address as either party may designate by notice to the other party.

21. Entire Agreement

These Terms, together with the Service Agreement and any other documents expressly incorporated by reference, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.

22. Assignment

You may not assign or transfer your rights or obligations under these Terms without CAN’s prior written consent. CAN may assign or transfer CAN’s rights and obligations under these Terms without restriction.

23. Contact Information

If you have any questions or concerns about these Terms, please contact us at:
CAN Security Inc.
30 Sims Crescent,
Richmond Hill, ON L4B 2N9
info@cansecurity.ca
(647) 567-8528