Terms of Use Agreement – Be-Ing Business Strategies Inc.


It is important that any user of the Be-Ing.ca site, Member or Visitor, fully understands and accepts freely and in an informed manner this User Agreement for the Be-Ing.ca site.

Also, each Member acknowledges that clicking on the "I accept" button when registering is an expression of will which contractually commits him to his relationship with Be-Ing.ca.

For the ordinary Visitor, the fact of using this site alone constitutes acceptance of the User Agreement for the Be-Ing.ca site. If it happens, for any reason whatsoever, that the Visitor does not wish to comply with one of the stipulations mentioned in this Agreement for the use of the Be-Ing.ca site, he is invited to cease doing so. make use of it and to leave it without delay.

Be-Ing.ca officials strongly recommend that Members and Visitors print this User Agreement.

 

It is of the utmost importance to inform any Member or Visitor of the Be-Ing.ca site that the primary basis of this User Agreement and the resulting relationships is the RECIPROCITY of services applicable in all circumstances.

 

 

TABLE OF CONTENTS :

 

  1. Preamble

  2. Definitions

  3. Obligations and liability rules of Be-Ing.com

  4. General obligations of the Member

  5. General

  6. Refund Policies

  7. Intellectual property

  8. Protection of personal information

 

1. Preamble

Be-Ing Strategies Inc. (hereinafter "Be-Ing"), an incorporated company, owns the Be-Ing.ca website. Be-Ing is a business network prioritizing the negotiation of professional services and contacts, in a human and efficient approach, Be-Ing.ca is more specifically aimed at:

 

  • independent and experienced professionals with services to offer and wishing to promote their skills

    and

  • to all companies (large, medium or small) or individuals looking for professional services and wishing to make their needs known.

Be-Ing.ca includes two types of users, namely, on the one hand, the simple Visitor and, on the other hand, the Member.

 

2. Definitions

has. User agreement for the Be-Ing.ca website

This contract which binds, on the one hand, the Member in the use of all the services offered by Be-Ing.ca or the Visitor by the mere fact of browsing the Be-Ing.ca site and, d on the other hand, the managers of Be-Ing.ca.

b. Member account

Document containing personal information relating to the Member provided during registration by the Member himself at Be-Ing.ca in order to ensure the follow-up of relations and to allow the use of the site.

Certain personal information (first and last name) contained in the Member's Account may appear in the Profile, Contract Offer, Submission or any other document published by the Member.

vs. Member

Natural or legal person who decides to subscribe to the services of Be-Ing.ca, in order to be entitled to the prerogatives.

d. contract offer

All the information displayed by a Member providing contracts to describe the provision of services that he is looking for.

e. Profile

All public and non-confidential information that the various Members agree to put on a page dedicated to them.

f. Service offer

Proposal of services made by a Member in response to a Contract Offer displayed on the site. The Service Offer is a document published by the Member without control by Be-Ing.ca.

g. Visitor

The Visitor is not a Member and has limited prerogatives. He has limited access to certain information only and is never required to provide any information concerning him.

 

 

 

3. Obligations and liability rules of Be-Ing.ca

has. Obligations of Be-Ing.ca

i. Organization of the Be-ing.ca infrastructure

Be-Ing.ca organizes the necessary infrastructure to put Members in contact in order to enable them to use the Be-Ing.ca self-employment place of business. This obligation is one of means and cannot be guaranteed in all circumstances.

In particular, Be-Ing.ca cannot guarantee that its service is accessible at all times. Indeed, Be-Ing.ca cannot ensure that interruptions of services or access to the site will not occur, both for reasons related to the internal management of the site (problem of server, programming, software, accommodation), only for external causes relating to the very nature of the Internet network over which Be-Ing.ca has no control.

On the other hand, Be-Ing.ca undertakes, to the extent of its possibilities, to attempt to mitigate the damage resulting from an interruption of services.

ii. No Member control role

As mentioned in article 1 relating to the Preamble, Be-Ing.ca does not claim to bring the slightest control as to the veracity, precision and reality of the information that each Member registers in his Profile, his contract, its offer of services or any other document.

iii. Possibility of recourse against a Member

Nevertheless, Be-Ing.ca is authorized, faced with a Member who does not respect the obligations included in this Agreement for the use of the Be-Ing.ca site, and in addition to all the other judicial remedies available to him cumulatively, to bring the sanctions that seem to him the most appropriate, including but not limited to the withdrawal of the Member without reimbursement of the fees then paid on the date of such withdrawal.

 

b. Disclaimer of Be-Ing.ca

i. General terms of liability

1. Disclaimer

Be-Ing.ca does not offer any guarantee of any kind regarding the use of its site and/or the documents accessible there. The content available therein should be used for informational and illustrative purposes only and is provided "as is".

Accessing this information does not create an advisor/client relationship or any other relationship whatsoever.

By using the Be-Ing.ca site, each Member or Visitor is aware that the risks inherent in such use are present.

2. Limited Liability

By using the services of Be-Ing.ca, the Member or Visitor agrees and accepts that Be-Ing shall not be held liable for any loss or damage, direct, indirect or otherwise, including in particular:

  • loss of profits or goodwill;

  • commercial harm;

  • loss of documents;

  • the presence of viruses, files programmed to harm or other activity likely to cause damage;

  • posting inappropriate or illegal material;

  • loss caused by unauthorized third party access;

  • the loss caused by an interruption of services.

Members acknowledge having been sufficiently informed that Be-Ing.ca only plays the role of facilitator.

If ever any liability should be imputed to Be-Ing or Be-Ing.ca towards a Member or a Visitor, this cannot result in the payment of an amount exceeding the normal price of the contributions paid by a Member for six ( 6 months.

ii. In relation to the Profile, Contract Offer, Service Offer, or other document

Be-Ing.ca has no control over the documents entered by the Member, whether in a Profile, a Contract Offer, a Service Offer or any other document. Be-Ing.ca does not exercise any censorship and cannot affirm that the claims and identity of the Member are correct.

Consequently, each Member is solely responsible for the Profile, Contract Offer, Service Offer, info capsule or any other document that it distributes and Be-Ing.ca cannot be held responsible for any information that is entered. by the Member on the site.

 

4. General obligations of the Member

has. Right to use the site

Each Member has a limited, non-exclusive, personal and non-transferable user license allowing him to access the Be-Ing.ca site, in accordance with the terms and conditions provided herein.

In the case of a legal person, one or more persons responsible and authorized to act in the name and place of the legal person must be identified beforehand with the services of Be-Ing.ca. In the event of a change in one of these responsible persons, an update must be made as soon as possible by one of these responsible persons, indicating the contact details of the new responsible person.

b. Veracity of statements

Although Be-Ing.ca has no obligation to verify the claims that the Member registers in his Profile, his Contract Offer, his Service Offer or any other document, each Member declares that he only uses information which characterize it truly and precisely and according to a true identity. Any behavior that proves to be contrary is considered to be an unfair practice which justifies Be-Ing.ca adopting, at its discretion, sanctions that it considers appropriate.

The Member also declares that all the information he has transmitted to Be-Ing.ca by completing the Member Account form is true and accurate.

Each Member is required to update their Profile, account or any other document to reflect any changes that may have occurred.

vs. Prohibition to display contact details

Members are prohibited from making their contact details publicly available in any communication they post on the site, whether in their Profile, in a Contract Offer or any other document. This prohibition prevails regardless of the type of contact information (including email address, telephone number, fax or instant messaging software (ICQ, AIM, Messenger, etc.).

The Member is permitted to enter the URL address of his website only in the field clearly identified "Website" provided for this purpose in the Profile.

d. Obligation of fair and good faith use of the Be-Ing.ca website

To get in touch with another Member, each Member is required to use the communication framework provided by the site, through the process of Contract Offer and Service Offer.

Be-Ing.ca also provides access to a messaging service in certain situations:

  • the Member may at any time send a “new message” to another Member;

 

Any attempt that would consist of a Member providing their contact details publicly on the Be-Ing.ca site, with the intention of short-circuiting the use of Be-Ing.ca services, is considered to be a practice disloyalty which justifies that Be-Ing.ca adopts, at its discretion, the sanctions it considers appropriate. For example, it is prohibited for a Member to display his email address in his Profile, which is publicly displayed on the site; however, it is permitted to send a telephone number via internal messaging.

Each Member has an obligation to maintain and maintain courteous and diligent relations with other Members.

e. Limits of use of the Be-Ing.ca website

The Be-Ing.ca site can only be used while respecting the purpose of a site dedicated to independent professionals. Thus, and by way of example, it is notably prohibited for each Member to engage in any of the following activities:

  • To use the functionalities of the Be-Ing.ca site according to a purpose contrary to those listed in the Preamble;

  • To publish on the Be-Ing.ca site inappropriate and illegal material, and in particular escort services, dating or other services of a sexual nature, pyramid selling structures, etc.;

  • To use the functionalities of the Be-Ing.ca site to send any form of spam (spam) to other Members;

  • To use this site in any way that could interfere with the operation, confidentiality and security of Be-Ing.ca;

  • To send documents that contain files likely to cause damage.

f. Responsibilities and obligations regarding the legality of a Member's acts

Each Member is solely responsible for the consequences related to his activities and his use of the services of Be-Ing.ca. In addition to this exclusive liability, the Member must ensure that his acts and behavior comply with the laws, regulations, ethical rules or contracts that would apply to his situation.

Also, Be-Ing.ca advises Members who are about to sign an agreement to check the following elements in particular:

  • the compliance of their agreement with tax law;

  • the conformity of their agreement with regard to the possible application of a code of ethics (and in particular questions relating to the rules of confidentiality, conflicts of interest, etc.)

g. Security

Each Member must demonstrate diligence so that the storage and use of passwords are personal to him and that the other security measures put in place for the use of the Be-Ing.ca site are respected. Each Member also has the obligation to check that the documents he transmits do not contain any viruses or other files likely to cause damage.

h. Ability

Each natural person Member and each person responsible for a legal person Member must be aged eighteen or over.

 

5. General

has. Applicable right

The various Members and Visitors acknowledge that if a dispute were to prevail between them and Be-Ing.ca, it would be interpreted with regard to the law applicable in Quebec.

b. Court of competent jurisdiction

The various Members and Visitors acknowledge that if a dispute were to prevail between them and Be-Ing.ca, it would be brought before a judge sitting in the district of Montreal (Quebec).

vs. Modification of the User Agreement for the Be-Ing.ca website

Be-Ing.ca authorizes itself the right to modify this Agreement for the use of the Be-Ing.ca site. In this case, Be-Ing.ca undertakes to post a notice for two weeks in the "Your activities" section and to post the new version on its site. Because of this warning, the Member undertakes to take note of the stipulations which have been modified.

d. Entire agreement for the use of the Be-Ing.ca website

The Member and the Visitor acknowledge that by accepting this User Agreement for the Be-Ing.ca site, they are also subject, by reference, to the Personal Information Protection Policy of the Be-Ing.ca site. These two documents constitute the entirety of the agreements which bind the Member and the Visitor to Be-Ing.ca.

 

6. Refund Policy

The Member may cancel his subscription at any time by making acancellation request. By canceling his subscription, the Member waives the rights associated with his status. No refund will be granted to the Member who interrupts the subscription before its term.

 

 

7. Intellectual Property

has. Scope of intellectual property protection

Be-Ing.ca has a plurality of tools, documents, software, identification signs, logos, processes and other developments that meet the criterion of work protected by intellectual property laws, in Canada and internationally. Each Member undertakes to comply with these provisions and to make all necessary efforts to do so. A Member or a Visitor is not authorized to reproduce, distribute or otherwise use these protected elements.

Nevertheless, it is possible for a Member or a Visitor to affix the logo of the Be-Ing.ca site to a site for which he is responsible. In any situation, the Be-Ing.ca logo is removed immediately if Be-Ing.ca so requests.

This tolerance granted by Be-Ing.ca is under the sole responsibility of the Member or Visitor who decides to affix the logo on his site.

b. Hypertext links

A Member or a Visitor may include a hypertext link to the Be-Ing.ca site on a site for which he is responsible. In any case, a hypertext link to one of the pages of the Be-Ing.ca site is removed immediately if Be-Ing.ca so requests.

This tolerance granted by Be-Ing.ca is the sole responsibility of the Member or the Visitor who decides to affix the hypertext link to his site.

vs. Member Generated Content

Each Member generates content accessible on the Be-Ing.ca site (Profile, Contract offer, Service offer, Messaging, info capsule). A Member or a Visitor is not authorized to reproduce or distribute content generated by another Member of Be-Ing.ca without the latter's consent.

 

 

 

8. Protection of personal information

Each Member is aware of thePrivacy Policyof Be-Ing.ca. By using the site and accepting this User Agreement, he confirms that he accepts the terms set out therein.

In the event that the Member wishes to withdraw certain personal information identified as mandatory on Be-Ing.ca, the closing of the account may be necessary.