1. OVERVIEW
These Terms of Use form a legally binding contract between CARV PROJECTS
INC. ("we" or "us") and the people and companies (“Users” or “you”) that
access and use our website located at www.carvprojects.com or any related
website or mobile platform controlled by us (collectively, the "Website"). These
Terms of Use apply to all services provided through our Website and any other
software application we operate, and all content, services, and products
available at or through the Website.
It is very important that you read and fully understand these Terms of Use
before using the Website. By agreeing to these Terms of Use and using the
Website, you are entering into a legally binding contract which will impact your
rights.
By accessing any part of the Website, you agree to be bound by these Terms of
Use. You are also confirming that you have read and fully understood these
Terms of Use. If you do not agree to or understand all of these Terms of Use,
then you may not access the Website or use any services available on the
Website.
These Terms of Use should be read in conjunction with the Privacy Policy and
any other rules, guidelines, or policies posted on the Website.
2. SERVICES AVAILABLE ON THE WEBSITE
Without restriction, we generally offer the following services through the
Website:
Interior Design Services
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The services we offer are subject to change over time. By using the Website,
you are confirming that you have determined that the services are appropriate
for your needs. We do not guarantee that these services meet your needs or that
they are suitable for your specific purposes.
3. TERMINATION
You may cancel these Terms of Use at any time by discontinuing your use of the
Website.
4. LIMITATION OF LIABILITY
Except in a case where we are in violation of these Terms of Use, we will not be
held liable for, and you hereby fully waive the right to claim for, any loss, injury,
claim, liability or damages of any kind resulting in any way from use of the
Website.
Your use of the Website is at your sole risk. The Website is provided on an “as
is” and “as available” basis without any warranty or condition, express, implied
or statutory. We do not warrant that your use of the Website will be
uninterrupted, secure or error-free.
In no event will we have any liability to you or any third party for any lost
profits or revenues or for any indirect, special, incidental, consequential, or
punitive damages however caused, whether in contract, tort, or otherwise, and
whether or not you or the third party have been advised of the possibility of
such damages. In the event the foregoing paragraph, or any part thereof, is void
under applicable law, this paragraph, or such part thereof, shall be inapplicable.
5. INDEMNIFICATION
You agree to indemnify and hold harmless CARV PROJECTS INC., including our
officers, directors, shareholders, employees and agents, from and against any
and all claims and expenses, including legal fees and disbursements, which are
made against us and arise out of your use of the Website, including but not
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limited to your violation of any term of these Terms of Use or any other policy
posted on the Website.
6. SECURITY BREACHES
In order to protect your security, it is your sole responsibility to ensure that all
usernames and passwords used to access the Website are kept secure and
confidential.
You must immediately notify us of any unauthorized use of your account,
including the unauthorized use of your password, or any other breach of
security.
We will investigate any breach of security on the Website that we determine in
our sole discretion to be serious in nature, but we will not be held responsible
or liable in any manner for breaches of security or any unauthorized access to
your account however arising.
7. WARRANTIES AND REPRESENTATIONS
We hereby disclaim all warranties of any kind, whether express, implied, or
statutory, including but not limited to implied warranties as to merchantability
or fitness for a particular purpose as they relate to the Website.
8. COMPLIANCE WITH LAWS
You represent and warrant that:
i. You have the authority to bind yourself to these Terms of Use;
ii. Your use of the Website will be solely for purposes that are permitted by
these Terms of Use;
iii. Your use of the Website will not infringe or misappropriate the
confidentiality or intellectual property rights of any User or third party; and
iv. Your use of the Website will comply with all local, provincial and federal
laws, rules and regulations, and with all policies posted on the Website.
You must only use the Website for your own lawful purposes, in accordance with
these Terms of Use and any notice, policy or condition posted on the Website.
You may use the Website on behalf of others or in order to provide services to
others but if you do so you must ensure that you are authorized to do so and
that all persons for whom or to whom services are provided comply with and
accept all these Terms of Use.
9. AGE RESTRICTIONS
Users under the age of 18 are only permitted to access and use the Website
while under the direct supervision of a parent or guardian.
10. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms of Use and any access to or use of the Website shall be governed
by, and construed in accordance with, the laws in force in the Province of
Ontario.
If any claim, dispute or controversy occurs between CARV PROJECTS INC. and
a User relating to the interpretation or implementation of any of the provisions
of these Terms of Use, such dispute shall be resolved by private, confidential
and binding arbitration. Such arbitration shall be conducted by a single
arbitrator. The arbitrator shall be appointed by agreement of the parties or, in
the absence of an agreement, such arbitrator shall be appointed by a judge
upon the application of either the User or CARV PROJECTS INC. Arbitration
shall be held in the Province of Ontario, unless otherwise agreed by the parties.
The arbitration procedure to be followed shall be agreed by the parties or, in
absence of an agreement, determined by the arbitrator. The arbitration shall
proceed in accordance with the provisions of the Arbitration Act, 1991, SO 1991, c
17. Subject to any right of appeal, the decision arrived at by the arbitrator shall
be final and binding. Judgment upon the award rendered by the arbitrator may
be entered in any court having jurisdiction
11. WAIVER OF CLASS ACTION
By using the Website, you agree to resolve any claim or dispute arising between
you and us on an individual basis, rather than addressing such claim or dispute
as part of a group or class. You hereby waive any right you may have to
commence or participate in any class action lawsuit commenced against CARV
PROJECTS INC. or its affiliates related to any claim, dispute or controversy
arising from your use of the Website. Where applicable, you hereby agree to opt
out of any class proceeding against CARV PROJECTS INC. otherwise
commenced.
The above waiver shall not apply to claims or disputes arising under consumer
protection legislation or any other claim or dispute where a waiver of class
action lawsuits is unenforceable at law.
12. GENERAL TERMS
a. AMENDING THESE TERMS OF USE
These Terms of Use may be updated and amended from time to time. We
reserve the right to change these Terms of Use at any time, and any
amended Terms of Use are effective upon posting to the Website. We will
make efforts to communicate any changes to these Terms of Use we deem
material, in our sole discretion, via email or notifications on the Website.
Your continued use of the Website will be deemed to be immediate and
unconditional acceptance of any amended Terms of Use, whether or not we
deemed the amendments to be material.
b. ASSIGNMENT
We may assign or delegate these Terms of Use, in whole or in part, to any
person or entity at any time with or without your consent and without prior
notice to you.
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Users may not assign or delegate any rights or obligations under these
Terms of Use, without our prior written consent, and any unauthorized
assignment and delegation is void.
c. NO WAIVER
No waiver of a provision, right or remedy of this Agreement shall operate as
a waiver of any other provision, right or remedy or the same provision,
right or remedy on a future occasion.
d. NO AGENCY
The parties to these Terms of Use are independent contractors and are not
partners or agents. CARV PROJECTS INC. has no fiduciary obligations or
professional obligations whatsoever to you arising from these Terms of Use
or your use of the Website.
e. SEVERABILITY
In the event that any provision or part of this Agreement is found to be void
or invalid by a court of law, the remaining provisions, or parts thereof, shall
be and remain in full force and effect
f. ENTIRE AGREEMENT
These Terms of Use, in conjunction with all policies and guidelines available
on the Website (including but not limited to any Privacy Policy),
incorporated by reference, constitute the entire agreement between you
and CARV PROJECTS INC. and supersede all prior communications,
agreements and understandings, written or oral, with respect to the subject
matter of these Terms of Use.
13. QUESTIONS ON THESE TERMS OF USE
We welcome you to contact us with any questions on these Terms of Use. You
can send your questions regarding these Terms of Use to the following email
address:
connect@carvprojects.com
14. CONFIRMATION OF AGREEMENT TO TERMS OF USE
BY PROCEEDING TO USE THE WEBSITE, YOU ACKNOWLEDGE THAT YOU
HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS OF
USE AND ANY POLICIES AND NOTICES POSTED ON THE WEBSITE.
1. OVERVIEW
At CARV PROJECTS INC. (the “Company”, “we” or “us”), we use our website
and other internet-based tools for the following purpose:
Interior Design Services
We are required to collect and retain information about the people and
companies that access and use the website (“Users” or “you”). This Policy
applies to our privacy practices on all communications between the Company
and Users, including but not limited to communication via:
1. the Company website (including the website hosted at
www,carvprojects.com and any other web domain used by the Company to
communicate with users now or in the future);
2. any mobile, computer, or tablet-based application currently offered by
Company or developed in the future by the Company; and
3. all other services provided by the Company, as described on the Website
(Items 1 to 3 are collectively referred to as the "Website").
This Privacy Policy (“Policy”) sets out how we use, protect, collect and preserve
information submitted by Users, including User information gathered by our
technology. This Policy should be read in conjunction with any Terms of Use or
policies available on the Website.
By accessing or submitting any information through the Website, you are
agreeing to the terms of this Policy. You are prohibited from accessing or using
the Website unless you fully understand and agree to this Policy and all Terms
of Use available for review on the Website.
If you have any questions about this Policy, please contact us by sending an
email with your questions to connect@carvprojects.com before accessing or
entering any information on the Website.
2. INFORMATION ABOUT USERS WE COLLECT AND STORE
When you access and use the Website, we will collect and retain all personal
identifying information submitted to us.
We will take steps to protect the information submitted to us by Users and we
will not disclose any personal identifying information without the consent of
Users, unless otherwise set out in this Policy.
Personal identifying information may include but is not necessarily limited to:
we do not collect user data from site visitors except through our built in contact
form and opt-in newsletter.
We will not use personal identifying information to contact you for any reason
unrelated to your use of the Website or for commercial reasons unrelated to the
business of the Company. Except with your consent or where required by law,
we will not provide personal identifying information to any third party.
3. ADDITIONAL DATA COLLECTED
To learn about your experience as a User and to make periodic improvements to
the Website and our business, we may collect and retain certain information. We
will automatically record information about your activity on the Website. This
may include your Internet Protocol (IP) address, operating system, geolocation
information, locale preferences, identification numbers associated with your
computers and mobile devices, your mobile carrier, date and time stamps
associated with transactions, system configuration information, metadata, and
other electronic interactions with the Company and the Website.
4. COOKIES
To facilitate the collection of information and to enhance the experience of
Users of the Website, we use cookies which may be stored on Users’ computers
and/or devices so that we can recognize Users when they return. You may set
your browser to notify you when you receive a cookie or to not accept certain
cookies. However, changing such settings may result in you not being able to
use the Website, either in its entirety or certain features.
Using cookies, you may have the option to allow us to save your user ID and
login password for future logins to the Website.
Cookies that are stored on your computer and/or device after visiting the
Website may be recognized for advertising purposes and to show you targeted
advertisements after you visit the Website.
For more information on the cookies we use or to opt-out, please contact us at
connect@carvprojects.com.
5. REMARKETING
We may engage in "remarketing" activities using third-party services, which
may include but are not limited to Google Ads, Google Analytics, and Facebook.
By using the Website, you consent to allow us to provide information to thirdparty
service parties who may present you with advertisements about the
Company after you visit the Website. We will provide third-party providers of
remarketing services with the minimum amount of information required to
facilitate remarketing, and in no circumstances will Company provide any
personal identifying information to third-parties for the purpose of remarketing.
6. PERMITTED USES OF DATA
We use data collected from the Website for various purposes, including to:
provide the Website to you and accompanying customer support; notify you
about updates and changes to the Website; prevent and address technical issues
with the Website; monitor usage of the Website. Without restriction, we may use any information you submit through the
Website for any purpose we deem appropriate so long as it is anonymous and
stripped of any and all personal identifying information.
We may use the data collected from the Website, devices, browsers, and any
other sources, for its own purposes, both related to and unrelated to improving
the Website.
7. LEGAL BASIS FOR PROCESSING PERSONAL IDENTIFYING INFORMATION
We may process your personal identifying information for a number of reasons,
including:
performing a contract with you relating to the Website;
you have provided us consent to do so;
fulfilling a legal obligation;
fulfilling our legitimate interests, which are not overridden by your rights;
for payment processing purposes.
8. ACCESSING, CORRECTING & DELETING YOUR PERSONAL INFORMATION
If you wish to access or amend your personal information or to request that we
permanently delete your personal information from our servers, please send an
email to connect@carvprojects.com. We will ensure your personal information is
accessible, amended and/or deleted in a reasonable time after receiving that
request. Deleting such information may require us to terminate any account you
may have created in its entirety and prevent you from using the Website.
So long as your account remains active, we will preserve your personal
information in accordance with the Policy.
You may decline to share certain personal information with us, in which case
you may not be able to use the Website, either in its entirety or certain features. When deleting your information, whether by request or due to inactivity, we will
use standard electronic means to remove your personal information from our
files.
We will also retain any and all information that we are required to retain under
any applicable laws for the full duration of time required under those laws.
9. KEEPING YOUR DATA SECURE
We will store your information in electronic format on industry-standard servers
that we have selected. Except where required to do so by law, we will not store
your personal information in any physical or paper-based format.
The servers we select to store information engage security software and
generally accepted standards to protect personal information. The software
used by these servers is intended to prevent unauthorized access or improper
use.
However, no security system is perfect and there is always a risk of
unauthorized parties accessing your personal information. Therefore, we make
no guarantees or representations as to the technical or legal compliance of the
servers we use. We cannot guarantee the complete protection and security of
your personal information.
Our servers are located exclusively in Canada.
10. SECURITY BREACHES
In the event the personal information of a User is disclosed as the result of any
breach of security of the Website or its servers, regardless of who is at fault, we
will take steps to advise all known affected Users within 5 days of learning of
the breach.
11. THIRD-PARTY APPLICATIONS
To provide an enhanced experience to Users, including to track conversions and
analytics, we may engage services and features controlled by third-parties. We
cannot control or dictate how any third-party application you use in conjunction
with the Website, now or at any point in the future, will treat any personal
information you transmit through their servers when using the Website. We
advise you to contact these parties directly to review their privacy policies.
Without limitation, the Company uses or may use the following third-party
applications and services in conjunction with the Website:
Google Analytics, Acuity Scheduling, Flodesk, Dubsado.
By using any of these third-party application to interact with the Website, we
will not be given access to your login credentials, user name, password,
payment information, or any information you may provide directly to these
applications.
12. USE OF WEBSITE BY MINORS
The Website is not intended to be accessed by persons under the age of 18. The
Company does not engage in any marketing efforts aimed at children or minors.
Persons under the age of 18 are prohibited from using the Website without the
express permission and direct supervision of a parent or guardian. Minors are
prohibited from submitting any personal identifying information through the
Website. The Company will immediately delete any personal identifying
information submitted in violation of this Policy.
13. DISCLOSURE OF PERSONAL INFORMATION
In certain situations, we may be required to disclose personal data in response
to lawful requests by public authorities, including to meet national security or
law enforcement requirements.
We may disclose your personal information to third parties:
1. In the event that we sell or buy any business or assets, in which case we
may disclose your personal data to the prospective seller or buyer of such
business or assets.
2. If the Company or its assets are acquired by a third party, in which case
personal data about Users may be one of the transferred assets.
3. If we are under a duty to disclose or share your personal data in order to
comply with any legal obligation, or in order to enforce or apply our Terms
of Use; or to protect the rights, property, or safety of the Company, our
Users, or others. This includes exchanging information with other
companies and organizations for the purposes of fraud protection and credit
risk reduction.
14. AMENDING THIS POLICY
This Policy may be updated and amended from time to time. We reserve the
right to change this Policy at any time, and any amended Policy is effective
upon posting to the Website. We will make efforts to communicate any changes
to this Policy we deem material, in our sole discretion, via email or notifications
on the Website. Your continued use of the Website will be deemed acceptance of
any amended Policy.
15. CONTACT US
We encourage you to send us questions and inquiries on this Policy and the
steps we take to keep your personal information secure. Please send us an
email: connect@carvprojects.com
We will respond to all inquiries on the Policy within 7 days.
16. MOBILE PHONE PRIVACY
No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.