TRANSPARENT RIGHTS AND OBLIGATIONS
We protect customers interests by providing clear terms of purchasing services from our website. If you have questions about our terms of purchase, please email us.
TERMS OF PURCHASE
Nimblwit Marketing Corporation Terms of Purchase
TO PROTECT YOUR OWN INTERESTS YOU MUST READ AND UNDERSTAND THE FOLLOWING IMPORTANT TERMS BEFORE PURCHASING SERVICES FROM OUR SITE. If you are uncertain as to your rights under these Terms, or you want any explanation about them, please e-mail us.
These Terms explain how you may buy services from Nimblwit Marketing Corporation on our website, www.nimblwit.com (the “Site”). You should read the following Terms carefully before buying any of our services. When buying any services from us, you agree to be bound by these Terms and the documents referred to in them. If you do not agree with or accept any of these Terms, you will not be allowed to buy any services unless we agree otherwise.
These Terms are only available in English. No other languages will apply to these Terms.
In these Terms, we use certain words that carry specific definitions. Some of those terms are defined throughout the body of this document, but the following definitions also apply:
“Terms” means the terms and conditions set out in this document, any Specific Terms, any Additional Terms, as well as any outside terms incorporated by reference in this document.
“We”, “us”, or “our” means Nimblwit Marketing Corporation, a British Columbia company.
“You” or “your” means the person buying products from the Site.
3. PLACING AN ORDER
3.1 In order for these Terms to create a binding contract between you and Nimblwit, the following steps are required:
(a) You place an order on the Site, by telephone, or email by choosing the service you want to buy, choosing an appointment time, providing your contact information, adding the service to your shopping cart, checking out by providing the additional and payment information requested of you, agreeing to these Terms, and submitting your order to us.
(b) We will only accept your order when we send you an email that confirms this. At that point, a legally binding contract will be in place between you and us and at this point we will begin the process of delivering the services to you.
(c) We may send you an email to say that we do not accept your order. This is typically for the following reasons:
(i) the services are not available;
(ii) you are not eligible for the service;
(iii) you live outside the service area;
(iv) we cannot obtain authorization of your payment; or
(v) there has been an error by us on the pricing or description of the products.
3.2 When you order services from the Site, additional terms may apply to the purchased items as follows:
(a) Certain services we sell may have specific terms and conditions that apply to them which are set out on the relevant webpage (the “Specific Terms”).
(b) We may also add to or replace these Terms with additional terms and conditions (the “Additional Terms”). This may happen, for example, for security, legal, or regulatory reasons. If these Terms are modified before we have begun delivery to you of our services, we will email you to let you know if Additional Terms apply to your order. These Terms, in the form accepted when you placed your order for particular services, will apply to those services once we begin providing them, regardless of any changes we make to the Terms on the Site.
3.3 When placing an order on the Site, you should take care to ensure that all of the information you provide to us is correct, although we appreciate that from time to time errors might be made. Therefore, please ensure that you take enough time to read and check your order before submitting it to us.
4. PAYMENT AND PRICING
We process all online payments using Stripe Payments, and you may pay for our services using any payment method accepted by Stripe Payments. Because we use Stripe Payments, we do not actually have access to your payment information. All of your payment information is stored and encrypted according to Stripes Payment’s policies. Accordingly, we will not be responsible for any misuse of your payment information. We accept credit cards, PayPal, Virtual Wallets; Apple, Android. Contact your Customer Ambassador to pay by e-transfer or cheque.
Payment of services is due immediately upon signed agreement of service.
The price of services listed on the Site are in Canadian dollars and United States dollars and do not include applicable value added taxes, such as Goods and Services Tax, Provincial Sales Tax, or Harmonized Sales Tax. All applicable taxes will be added to the price at checkout.
5. ACCESS AND INSURANCE
In delivering the services you purchased, we may require you to provide access to your business premises. You agree to give us reasonable access at the hours and location agreed. All requested access will be during your regular business hours, unless you agree with us on a different time.
In providing us access, you acknowledge and agree that we may send our employees or independent contractors (in either case, our “Representatives”) to your business location to fulfill all or part of the service you purchased from us. Before inviting our Representatives to your business premises, you will ensure that you have, or (as the case may be) the entity that operates your business has, in place a commercial general liability insurance policy in respect of those premises and your business activities, with coverage and limits that a reasonably prudent business owner would choose. If for whatever reason our Representative is physically injured while at your premises, you will be directly liable to that person (to the extent you are legally responsible for that injury), and will indemnify and hold us harmless from all of our damages and pecuniary losses whatsoever (including legal fees on a solicitor-client basis) that arise out of or relate to any injury to our Representative (to the extent you are legally responsible for that injury).
6. INSPECTION SERVICES
If you have purchased a service that includes an inspection of your business from us, then you (the business owner or designated business manager) may only observe the visual inspection process by our Representative. Communicating with the business inspector will negatively impact the quality of the report we prepare for you. We also recommend that you do not provide the staff members of your business more than 12 hours’ advance notice of our Representative attending your business as it could bias the outcome of the inspection, and therefore the quality of recommendations.
During the inspection process, our Representative may make photographs of your business premises, which could include depictions of your staff members and customers. You acknowledge and agree that any photographs we make of your premises, and all copyrights subsisting in those photographs, to the maximum extent possible, will be our exclusive property, free of all claims from you. However, we will not publish any of those photos without your consent, and any such published photos will be edited to remove identifying features of individuals appearing in those photos.
7. DISCLAIMER AND LIMITATION ON OUR LIABILITY
The services are provided to you on an “as is” basis, and we make no statements about the quality of the services or the fitness for any purpose. If you purchase and use one of our services, the information you receive from using that service is educational in nature only, and is not legal, financial, or other form of professional advice, and you should not rely on it as advice. If you use any of our services or make any particular decision based on recommendations we provide to you, you are doing so at your own risk so please ensure that you consider those recommendations carefully so you can decide if they are best for your business.
Except for fraud or fraudulent misrepresentation, and to the maximum extent permitted by law, we will only be liable for any loss or damage to you which is a reasonably foreseeable consequence of a breach of these Terms. OUR LIABILITY WILL BE LIMITED to an amount equivalent to the amount you paid to us for the service you purchased that was associated with that loss or damage. Losses are foreseeable where they could be contemplated by you and us at the time these Terms are entered into.
We are not responsible for indirect losses which happen as a side effect of any main loss or damage (such as loss of profits or loss of opportunity).
In delivering the services to you, we might make recommendations that you take certain courses of actions, and provide the names or contact details of outside parties who might be able to help you implement those recommendations through the supply of their services, should you choose to use them (for example, we might recommend a particular painter). Whether or not you use one of the businesses we recommend is entirely your own decision, any due diligence in respect of those businesses is entirely your own responsibility, and we will not be liable to you for any loss or damage whatsoever, direct or indirect, that you incur as a result of implementing our recommendations or using any outside parties we recommend.
8. TERMINATION AND RETURN POLICY
You may cancel your order for services up to 48 hours before your first appointment with one of our Representatives. If you cancel, we will refund your money in full.
However, once we begin delivering the services (usually by email confirmation) our fees become entirely non-refundable. If you cancel within the 48 hours before we begin delivering the services, you will be refunded all of your money except a cancellation fee of $25.00 for onsite inspection services.
9. INTELLECTUAL PROPERTY / PERMITTED USE
All intellectual property subsisting in any report or other creative work that we prepare for you remains our own. You may not reproduce that report for commercial gain, nor publish it in any medium whatsoever. You also agree not to distribute that report to others, as our recommendations for you are unique to your business, and may not be beneficial to a different business. However, you may use our reports to assist you in making decisions about how to operate and market your business, and you may share it with decision-makers in your business, and your professional advisors (accountant and lawyer), so long as they have agreed in writing with you to maintain the confidentiality of those reports or are otherwise under statutory obligation of confidentiality.
Any notice or communication we want to give to you may be delivered via email, hand, mail, courier, registered mail, or other method using the contact information you have provided to us.
11. DISPUTES AND INTERPRETATIONS
The provincial laws of British Columbia and federal laws of Canada govern these Terms. All claims arising out of or relating to these Terms must be litigated exclusively in British Columbia courts. These Terms describe the entire agreement between you and Nimblwit Marketing Corporation relating to the subject matter of these Terms and your associated purchase of services from us, and these Terms supersede any previous agreement, understanding, or statements of fact between you and Nimblwit. You may not modify these Terms without our agreement to do so. We may assign our rights, obligations, and remedies under this agreement to any outside party without your consent and without notice to you. You may not assign any part of these Terms to an outside party without our prior consent.