TERMS OF SERVICE

THE SUBMISSION (INCLUDING, WITHE SUBMISSION (INCLUDING, WITHOUT LIMITATION, CLICKING THE “CONTINUE”,   “CHECKOUT”, AND/OR “SUBMIT” BUTTON IN THE ORDER FORM ON THE Bitbuy.ca WEBSITE) OF THE CUSTOMER'S ORDER WILL CONSTITUTE THE CUSTOMER'S ACCEPTANCE OF THESE TERMS AND CONDITIONS.

This agreement (“Terms and Conditions”), in addition to any other specific agreement between Bitbuy.ca Inc. (“Bitbuy.ca”) and the customer (“the Customer”), represents the complete understanding and agreement between Bitbuy.ca and Customer.

This Terms and Conditions agreement supersedes any other written agreement including, without limitation, digitized, computerized, oral agreement, and/or agreement by conduct, except when expressly agreed to the contrary in writing by Bitbuy.ca.

Upon notice published on Bitbuy.ca website, Bitbuy.ca may change or discontinue any provision of this Terms and Conditions agreement from time to time, including, without limitation, all services provided by Bitbuy.ca, pricing, services, and products.

Any such change or discontinue of any provision will legally bind the Customer from the time Bitbuy.ca publishes notice of the change on the Bitbuy.ca website. It is the Customer's sole responsibility to ensure that the Customer is up to date on the most current version of the Terms and Conditions agreement.

In accordance with the Terms and Conditions, Bitbuy.ca will provide services to the Customer in exchange for fees and full compliance with the following Terms and Conditions:

1. Provision of Bitbuy.ca Services  

A. Bitbuy.ca Services Defined. " Bitbuy.ca  Services" include, without limitation, the following:

I. any act by Bitbuy.ca of serving the Customer regardless of duration and whether or not paid for;

II. any act of setting up, connecting, maintaining, terminating, or reconnecting the "Customer's Account" (see section 1.b.);

III. any use by the Customer of software, information, and services provided by Bitbuy.ca;

IV. any act, or provision of any service, by Bitbuy.ca related to crypto-currency procurement (including, without limitation, server usage and technical support);

V. any provision by Bitbuy.ca, and any use or occupation by the Customer, of software, or crypto-currency payment processing;

VI. any access to software, information, and services provided to Customer by others affiliated with Bitbuy.ca via the world wide web and Internet;

VII. any aspect related to the Bitbuy.ca website, including the Bitbuy.ca website itself;

VIII. any act by Bitbuy.ca related to the submission and/or payment of crypto-currency for the Customer;

IX. any other service mentioned in the Terms and Conditions agreement;

X. any other service provided by Bitbuy.ca to the Customer;

XI. any other service provided by Bitbuy.ca and used by the Customer.

B. Customer's Account Defined. "Customer's Account" means the space on Bitbuy.ca web servers that maintains transactional data and information provided by the Customer in exchange for services provided by Bitbuy.ca.

C. Amendment of Fees & Charges. Bitbuy.ca may amend the fees and/or charges for any Bitbuy.ca Service at any time.

D. Management & Backup of Data. The Customer is solely responsible for the management and backup of all the Customer data, including but not limited to; bitcoin (crypto-currency).

E. Maintenance Windows. Bitbuy.ca reserves the right to conduct an emergency maintenance window at any time. During an emergency maintenance window, any or all Bitbuy.ca Services may be unavailable.

2. CONFIDENTIALITY

A. Confidential Information Defined. "Confidential Information" means any information disclosed by Bitbuy.ca to the Customer, either directly or indirectly, in writing, orally, or by inspection of tangible objects (including, without limitation, documents, prototypes, samples, plant, and equipment), which is designated as "Confidential," "Proprietary," or some other similar designation either (a) in writing, (b) orally, or (c) by any other means. Confidential Information will not include any information which: (i) is publicly known and made generally available through no fault or breach on the part of the Customer or any third party; (ii) is obtained by the Customer from a third party without a breach of such third party's obligations of confidentiality; (iii) is independently developed by the Customer without use of or reference to the Confidential Information; or (iv) is required by law to be disclosed by the Customer, provided that the Customer gives Bitbuy.ca prompt written notice of such requirement prior to such disclosure, and assistance in obtaining an order protecting the information from public disclosure.

B. Disclosure of Confidential Information. The Customer must not use, disclose, publish or disseminate any of Bitbuy.ca Confidential Information to anyone other than those of the Customer's employees or contractors (if any) on a need-to-know basis, and the Customer agrees to take all reasonable precautions to protect the secrecy of and to prevent any unauthorized use, disclosure, publication, or dissemination of the Confidential Information. Without limiting the scope of the foregoing, the Customer will take measures to protect the Customer's own most highly confidential information and will ensure that any of the Customer's employees, consultants, or other third parties who have access to Bitbuy.ca Confidential Information have signed a non-use and non-disclosure agreement in content at least as restrictive as the provisions hereof, prior to any disclosure of the Confidential Information to such employees, consultants, or other third parties. The Customer further agrees not to use the Confidential Information otherwise for the Customer's own, or any third party's, benefit without the prior written approval of an authorized representative of Bitbuy.ca in each instance. The Customer will not make any copies of Bitbuy.ca Confidential Information unless the same are previously approved by Bitbuy.ca in writing. The Customer will reproduce Bitbuy.ca proprietary rights notices on any such approved copies, in the same manner in which such notices were set forth in or on the original. The Customer will not commit or permit the reverse engineering, reverse assembling, disassembling, reverse compiling, or decompiling, or any attempt to derive source code from, any prototypes, hardware, software or any other tangible objects which embody Bitbuy.ca Confidential Information.

C. Trademark & Copyright: All Bitbuy.ca trademarks and logos contained in any and all materials and information are the property of Bitbuy.ca. Use of such trademarks, logos, or copyrighted materials are strictly prohibited without the prior permission for use from the rightful owners.

3. USE OF Bitbuy.ca SERVICES

A. Customer's Account. Only the Customer may use the Customer's Account with lawful identity verification through Interac, bank verification, and SMS verification. The Customer may not sell, lease, rent, or assign, in any way, any part or whole of the Customer's Account and/or Bitbuy.ca  Services to any party, unless the Customer obtains Bitbuy.ca prior written consent or the Customer has entered into a valid Reseller Agreement with Bitbuy.ca.

B. Bitbuy.ca Right of Refusal & Termination. Bitbuy.ca may, at its sole discretion, refuse Bitbuy.ca Services to any Customer, whether new or existing, and/or terminate the supply of Bitbuy.ca  Services to the Customer, without any prior notice, if Bitbuy.ca  deems the Customer to be in violation of the Terms and Conditions, notwithstanding that the Customer may be in breach of any other agreement by complying with the Terms and Conditions.

C. Customer's Lawful Use. The Customer agrees to use the Bitbuy.ca  Services as permitted by applicable laws, including, without limitation, local, provincial, state, and federal laws. The Customer agrees that the Customer may NOT use Bitbuy.ca Services to conduct or solicit any business or activity that is prohibited by law, libelous, or against any Bitbuy.ca policy.

D. Customer's Warranty, Liability, & Indemnification. The Customer is solely responsible for any legal liability arising out of, or relating to, the Customer's use of Bitbuy.ca Services. The Customer represents and warrants to Bitbuy.ca that the Customer holds the necessary rights to use, or permit to use, any item used through any Bitbuy.ca Service, and that the use, reproduction, distribution, transmission, or display of any data to the public, and any material to which the public can link or access, or any aspect of Bitbuy.ca Services made available to the public through the Customer, will NOT:

I. violate or potentially violate any right of any third party, including, without limitation, infringement or misappropriation of any copyright, patent, trademark, trade secret, music, image, or other proprietary right;

II. constitute or potentially constitute violations such as, without limitation, false advertisement, unfair competition, defamation, invasion of privacy, invasion of rights, and discrimination;

III. cause or potentially cause a business dispute or a personal dispute;

IV. contain any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law, including, without limitation, local, provincial, state, national, international, or any other laws.

The Customer agrees to indemnify and hold Bitbuy.ca, any third party entity related to Bitbuy.ca (including, without limitation, third party vendors), and Bitbuy.ca executives, directors, officers, managers, employees, consultants, agents, parent companies, and subsidiaries harmless from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of action, including, without limitation, any and all legal fees and expenses arising out of or relating to the Customer's breach of any of the representations or warranties herein, or any other third party claim with respect thereto.

E. Other Organizations' Permission & Policies. The Customer's use of networks, computing resources, or other services from other organizations is also subject to those organizations' respective permission and usage policies.

F. Customer's Prevention of Corruption. The Customer must actively endeavor to prevent any corruption of Bitbuy.ca systems, including, without limitation, viruses. Bitbuy.ca reserves the right to run anti-virus programs, at Bitbuy.ca sole discretion, to minimize potential and actual damages.

G. Other Prohibited Conduct. The Customer must not commit or permit any reverse engineering, reverse assembling, disassembling, reverse compiling, or decompiling, or any attempt to derive source code from, any prototypes, hardware, software, or other tangible objects provided to the Customer by Bitbuy.ca.

H. Third Party Services or Products. The Customer acknowledges and agrees that any recommendation made by Bitbuy.ca employees for services or products ancillary to Bitbuy.ca Services are the recommendations of that employee only and not of Bitbuy.ca. Bitbuy.ca does not warrant the integrity or quality of the services or products provided by such third parties. The Customer agrees to hold Bitbuy.ca, any third party entity related to Bitbuy.ca  (including, without limitation, third party vendors), and Bitbuy.ca executives, directors, officers, managers, employees, consultants, contractors, agents, parent companies, and subsidiaries harmless from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of action, including, without limitation, any and all legal fees and expenses arising out of or related to the Customer's reliance on any recommendation made by a Bitbuy.ca employee regarding services or products ancillary to Bitbuy.ca Services.

4. INDEMNIFICATION

The Customer agrees to protect, defend, hold harmless, and indemnify Bitbuy.ca, any third party entity related to Bitbuy.ca  (including, without limitation, third party vendors), and Bitbuy.ca  executives, directors, officers, managers, employees, consultants, agents, parent companies, and subsidiaries from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses arising out of or resulting from Customer's use of Bitbuy.ca  Services.

5. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL Bitbuy.ca, Bitbuy.ca EXECUTIVES, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING Bitbuy.ca SERVICES BE LIABLE FOR ANY BUSINESS OR PERSONAL LOSS, REVENUE DECREASE, EXPENSE INCREASE, COST OF SUBSTITUTE PRODUCTS AND/OR Bitbuy.ca SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY Bitbuy.ca SERVICES EVEN IF Bitbuy.ca HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Bitbuy.ca TOTAL CUMULATIVE LIABILITY, IF ANY, TO THE CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TERMS AND CONDITIONS, AND THE USE OF THE website, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, ANY ACT OR OMISSION BY Bitbuy.ca OR Bitbuy.ca REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE FEE OR PAID BY THE CUSTOMER FOR Bitbuy.ca SERVICES.

6. DISCLAIMER

A. Changes, Modifications, & Backup of Data. THE CUSTOMER AGREES THAT Bitbuy.ca MAY DISCONTINUE, UPGRADE, REPLACE, MODIFY, OR CHANGE IN ANY WAY, WITHOUT LIMITATION, ANY SOFTWARE, APPLICATION, PROGRAM, DATA, HARDWARE, EQUIPMENT, OR PORTIONS OR COMPONENTS THEREOF, USED TO PROVIDE THE CUSTOMER WITH Bitbuy.ca SERVICES. Bitbuy.ca MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE PERFORMANCE, CONDITION, OR EXISTENCE OF ANY OF Bitbuy.ca APPLICATIONS AND CONTENT.

B. Systems Information. THE CUSTOMER ACKNOWLEDGES THAT Bitbuy.ca MAKES A REASONABLE EFFORT TO KEEP THE INFORMATION AVAILABLE ON Bitbuy.ca SYSTEMS ACCURATE. HOWEVER, Bitbuy.ca MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE QUALITY, ACCURACY, OR VALIDITY OF THE DATA AND/OR INFORMATION AVAILABLE. USE OF INFORMATION OBTAINED FROM OR THROUGH Bitbuy.ca IS AT THE SOLE RISK OF CUSTOMER.

C. Interconnecting Networks Information. The CUSTOMER ACKNOWLEDGES THAT THE DATA AND/OR INFORMATION AVAILABLE THROUGH THE INTERCONNECTING NETWORKS MAY NOT BE ACCURATE, AND THAT Bitbuy.ca HAS NO ABILITY OR AUTHORITY OVER THE DATA AND/OR INFORMATION. Bitbuy.ca MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE QUALITY, ACCURACY, OR VALIDITY OF THE DATA AND/OR INFORMATION RESIDING ON OR PASSING THROUGH THE INTERCONNECTING NETWORKS. USE OF DATA AND/OR INFORMATION OBTAINED FROM OR THROUGH Bitbuy.ca  SERVICES IS AT THE SOLE RISK OF THE CUSTOMER.

D. Third Party Licenses. THE CUSTOMER UNDERSTANDS, AGREES, AND ACKNOWLEDGES THAT Bitbuy.ca MAKES A REASONABLE EFFORT TO PROVIDE THE CUSTOMER WITH TECHNOLOGIES, DEVELOPMENTS, AND INNOVATIONS (COLLECTIVELY "TECHNOLOGIES"), PART OF WHICH ARE BEING LICENSED OR CO-BRANDED FROM OR BY THIRD PARTY ENTITIES. HOWEVER, Bitbuy.ca MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE QUALITY, ACCURACY, RELIABILITY, VALIDITY, OR CONTINUED EXISTENCE OF ANY AND ALL ASPECTS OF SUCH TECHNOLOGIES. MOREOVER, Bitbuy.ca SPECIFICALLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE FOR SUCH TECHNOLOGIES. FURTHERMORE, THE CUSTOMER WILL NOT HOLD Bitbuy.ca, ANY THIRD PARTY ENTITY RELATED TO Bitbuy.ca (INCLUDING, WITHOUT LIMITATION, THIRD PARTY VENDORS), OR Bitbuy.ca EXECUTIVES, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, CONSULTANTS, AGENTS, PARENT COMPANIES, AND SUBSIDIARIES LIABLE IN ANY WAY FOR THE REVOCATION OF ANY LICENSE, WHICH HAS BEEN LICENSED TO Bitbuy.ca FROM OR BY THIRD PARTIES, THAT RESULTS IN ANY ACTUAL OR POTENTIAL HARM, DAMAGE, COST, EXPENSE, OR OTHERWISE TO THE CUSTOMER, THE CUSTOMER'S BUSINESS, THE CUSTOMER'S AFFILIATES, THE CUSTOMER'S CUSTOMERS, OR ANYONE OR ANYTHING RELATED TO THE CUSTOMER. THE USE OF THE TECHNOLOGIES OBTAINED FROM OR THROUGH Bitbuy.ca, OR ANY OTHER REFERRED THIRD PARTY, WHETHER DIRECTLY OR INDIRECTLY, IS AT THE SOLE RISK OF THE CUSTOMER.

E. Non- Bitbuy.ca Products. THE CUSTOMER ACKNOWLEDGES THAT ANY MENTION OF NON- Bitbuy.ca PRODUCTS OR SERVICES BY Bitbuy.ca, ANY THIRD PARTY ENTITY RELATED TO Bitbuy.ca (INCLUDING, WITHOUT LIMITATION, THIRD PARTY VENDORS), OR Bitbuy.ca  EXECUTIVES, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, CONSULTANTS, AGENTS, PARENT COMPANIES, AND/OR SUBSIDIARIES, IS FOR INFORMATION PURPOSES ONLY, AND DOES NOT CONSTITUTE AN ENDORSEMENT OR RECOMMENDATION BY Bitbuy.ca OR THE INDIVIDUALS AND ENTITIES LISTED IN THIS SECTION. Bitbuy.ca  DISCLAIMS ANY AND ALL LIABILITIES FOR ANY REPRESENTATION OR WARRANTY MADE BY THE VENDORS OF SUCH NON- Bitbuy.ca PRODUCTS AND/OR Bitbuy.ca SERVICES.

F. Website. THE SERVICES, INFORMATION, AND DATA (COLLECTIVELY THE "INFORMATION") MADE AVAILABLE ON THE Bitbuy.ca website ARE PROVIDED "AS IS," WITHOUT WARRANTIES OF ANY KIND. Bitbuy.ca EXPRESSLY DISCLAIMS ANY REPRESENTATION AND WARRANTY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Bitbuy.ca WILL HAVE ABSOLUTELY NO LIABILITY IN CONNECTION WITH THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGE TO THE Website USER'S COMPUTER, ANY HARDWARE, DATA, INFORMATION, MATERIALS, AND BUSINESS RESULTING FROM THE INFORMATION, OR THE LACK OF INFORMATION, AVAILABLE ON THE website. Bitbuy.ca WILL HAVE NO LIABILITY FOR:

I. ANY AND ALL LOSSES OR INJURIES CAUSED, IN WHOLE OR IN PART, BY Bitbuy.ca ACTIONS, OMISSIONS, OR NEGLIGENCE, OR FOR CONTINGENCIES BEYOND Bitbuy.ca CONTROL IN PROCURING, COMPILING, OR DELIVERING THE INFORMATION, PRODUCTS, AND/OR SERVICES ;

II. ANY AND ALL ERRORS, OMISSIONS, OR INACCURACIES IN THE INFORMATION REGARDLESS OF HOW CAUSED, OR DELAYS OR INTERRUPTIONS IN DELIVERY OF THE INFORMATION; OR

III. ANY DECISION MADE, OR ACTION TAKEN OR NOT TAKEN, IN RELIANCE UPON THE INFORMATION FURNISHED ON THE Website.

Bitbuy.ca MAKES NO WARRANTY, REPRESENTATION, OR GUARANTEE AS TO THE CONTENT, SEQUENCE, ACCURACY, TIMELINESS, OR COMPLETENESS OF THE INFORMATION ON THE Bitbuy.ca Website, OR THAT THE INFORMATION IS RELIABLE FOR ANY REASON. Bitbuy.ca MAKES NO WARRANTY, REPRESENTATION, OR GUARANTY THAT THE INFORMATION WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY DEFECTS CAN BE CORRECTED. FOR THE PURPOSES OF THIS SECTION, " Bitbuy.ca " INCLUDES, WITHOUT LIMITATION, Bitbuy.ca DIVISIONS, SUBSIDIARIES, SUCCESSORS, PARENT COMPANIES, AND THEIR (INCLUDING Bitbuy.ca) EXECUTIVES, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE.

7. PAYMENT, PENALTIES, & APPLICABLE TAXES

A. Payment Due. The Customer must ensure that Bitbuy.ca receives full payment for Bitbuy.ca Services at the time of purchase. The Customer is solely responsible for ensuring that his/her debit card is valid and contains funds in the debit card holder's bank account to ensure Bitbuy.ca receives payment. Bitbuy.ca will not provide the Customer with Bitbuy.ca Services until Bitbuy.ca receives full payment.

B. Methods of Payment. Methods of payment accepted by Bitbuy.ca is debit card only.

C. Applicable Taxes. Bitbuy.ca will charge the Customer, and the Customer must pay to Bitbuy.ca, all applicable taxes, including, without limitation, any retroactive tax on past fees or charges (whether already paid or not) in cases where Bitbuy.ca is under a legal obligation to collect such tax from the Customer. The Customer is solely responsible for any and all other taxes, which the Customer is under a legal obligation to pay.

D. Refunds. The Customer agrees bitcoin transactions are irreversible; there are no refunds, no exchanges, and no chargebacks. The Customer agrees that if, for any reason the debit card purchase is reversed, The Customer must return products or services prior to the refund being issued. If the market rate in Canadian dollars for bitcoins is lower than the Customers purchase date, the Customer agrees to match the current Canadian dollar value at the time of refund. Bitbuy.ca reserves the right, and may pursue legal action if the Customer attempts to refund his/her purchase without first returning Bitbuy.ca products or services purchased.

8. CUSTOMER'S ABUSE & BREACH

A. Abuse Defined. Any "abuse" of Bitbuy.ca Services is a breach of the Terms and Conditions. Abuse includes, without limitation, the Customer's use of Bitbuy.ca Services that disrupts the normal use of Bitbuy.ca Services for other Bitbuy.ca the customers. Determination of what constitutes an abuse of Bitbuy.ca Services will be at the sole discretion of Bitbuy.ca. Some examples of abuse of Bitbuy.ca Services include, without limitation, website modification, SQL injection, DDOS attacks, spamming or mass e-mailing. Without limiting the scope of the foregoing, Bitbuy.ca forbids the storage or use of any type of software intended for hacking or cracking purposes.

B. Disciplinary Measures. Depending on the nature and the severity, the Customer's abuse of Bitbuy.ca Services is cause for Bitbuy.ca to implement, at Bitbuy.ca sole discretion, disciplinary measures, including, without limitation, warning, suspension, or termination of the Customer's Account and all provision of Bitbuy.ca Services to the Customer. If the Customer has been suspended, and Bitbuy.ca chooses to rescind the suspension, Bitbuy.ca may, at its sole discretion, charge the Customer a reconnection charge before Bitbuy.ca will provide any further Bitbuy.ca Services to the Customer.

C. Misclassification. The Customer acknowledges that the Customer's activity may be misclassified as abuse. A Customer who believes that the Customer's activity has been misclassified may appeal to Bitbuy.ca Support. Determination of whether or not the Customer's activity is abuse is at Bitbuy.ca sole discretion.

D. Right to Terminate. IF Bitbuy.ca DEEMS THE CUSTOMER TO BE INVOLVED, IN ANY WAY, IN UNLAWFUL ACTIVITIES, Bitbuy.ca RESERVES THE RIGHT TO IMMEDIATELY TERMINATE Bitbuy.ca SERVICES TO THE CUSTOMER.

E. Breach of the Terms and Conditions. Unethical activities and criminal offenses are breaches of the Terms and Conditions. The Customer agrees to report to Bitbuy.ca any breach of the Terms and Conditions by either the Customer or any other Bitbuy.ca customer. If the Customer is unsure of whether or not a particular activity is unethical or criminal, the Customer must notify Bitbuy.ca and Bitbuy.ca will make such determination and appropriate action, if necessary.

F. Civil &/or Legal Liability for Breach. ANY BREACH OF THE TERMS AND CONDITIONS MAY RESULT IN CIVIL ACTION AND/OR LEGAL ACTION AND/OR CRIMINAL PROSECUTION.

10. IP ADDRESSES, SMS, EMAIL, LOGGING AND ENFORCEMENT

Bitbuy.ca maintains control and logs all IP numbers and IP addresses that may be assigned to the Customer, and Bitbuy.ca reserves the right to remove or restrict, at Bitbuy.ca sole discretion, any and all IP numbers and addresses. Bitbuy.ca also maintains logs for email, telephone, and SMS verification associated with each transaction ID. The customers information and banking information is NOT provided to Bitbuy.ca. Bitbuy.ca logs ensure financial transparency in the event of maleficence.

11. INTELLECTUAL PROPERTY

A. IP Prohibition. The Customer must not, without Bitbuy.ca express written consent, copy, reproduce, or republish any material, in whole or in part, that is located on the website, including, without limitation, Bitbuy.ca sales and marketing materials.

B. Trademark & Copyright Prohibition. The Customer must not, without Bitbuy.ca express written consent, use any Bitbuy.ca trademark, service mark, or copyrighted material.

C. Misrepresentation. The Customer must not, in any way, misrepresent the Customer's relationship with Bitbuy.ca, attempt to pass itself off as Bitbuy.ca, or claim that the Customer is Bitbuy.ca.

12. CUSTOMER'S PRIVACY

Bitbuy.ca takes reasonable measures to protect the Customer's privacy. Except under urgent or emergency circumstances, and/or as required by regulation, court order, official authority, police or other law enforcement authority, or any applicable law. The Customer's information or data collected will be used by Bitbuy.ca for purposes related to Bitbuy.ca Services including, without limitation, extending special offers to the Customer, and referral and/or agency commissions (including, without limitation, improvements). The Customer understands, acknowledges, and agrees that the Customer's administrative contact information in relation to the Customer's domain name registration is public information and Bitbuy.ca is not, and can not, be obligated to safeguard such information and data from any third party.

Under The Personal Information Protection and Electronic Documents Act which governs the collection, use and disclosure of personal information in the commercial sector, Bitbuy.ca is required to adhere to ten privacy principles set out in the National Standard of Canada, Model Code for the Protection of Personal Information effective January 1, 2001. It governs the behavior of employees and agents acting on Bitbuy.ca behalf when dealing with personal information. The purpose in which information is collected and used. It provides procedures for an individual’s access to and correction of personal information. Please See the Bitbuy.ca Privacy Policy located on the Bitbuy.ca website.

13. ASSIGNMENT AND AGENTS

A. Assignment. The rights and liabilities of both the Customer and Bitbuy.ca (collectively "the Parties") under the Terms and Conditions will bind and inure to the benefit of the Parties' respective successors, executors, and administrators, as the case may be. However, the Customer may not assign or delegate the Customer's rights and obligations under any of the Customer's business relationships (including, without limitation, any contract, agreement, or business arrangement) with Bitbuy.ca, either in whole or in part, without the prior written consent of Bitbuy.ca. Bitbuy.ca may assign its rights and obligations under the Terms and Conditions to any third party in connection with a merger, acquisition, sale of all or substantially all of Bitbuy.ca assets, or any other corporate reorganization.

B. Bound as Principal. The Customer agrees that the Customer will be bound as a principal to the Terms and Conditions even if any contract, agreement, or business arrangement, including, without limitation, an application for domain name registration or web hosting, is executed by an agent for the Customer.

14. MINIMUM AGE REQUIREMENT

A. Customer's Warranty. The Customer warrants that the Customer is at least 18 years of age.

B. Parent or Guardian. Any individual under the age of 18 years ("Minor") must have a parent or guardian accept the Terms and Conditions in order for the Minor to become a Bitbuy.ca customer.

C. Parent or Guardian Primarily Liable. A parent or guardian who accepts the Terms and Conditions on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with the Terms and Conditions, including, without limitation, the timely and full payment of the charges for Bitbuy.ca Services.

D. Continuation of Parent or Guardian's Liability. A parent or guardian who accepts the Terms and Conditions on behalf of a Minor will continue to be primarily liable for the obligations mentioned in the Terms and Conditions even when the Minor has attained the age of 18, unless Bitbuy.ca provides to such parent or guardian Bitbuy.ca express written consent to the contrary.

E. Invalid Acceptance (Null & Void). ANY ACCEPTANCE OF THE TERMS AND CONDITIONS BY AN INDIVIDUAL UNDER THE AGE OF 18 WITHOUT PARENTAL CONSENT WILL BE DEEMED INVALID AND THE TERMS AND CONDITIONS WILL BE DEEMED NULL AND VOID AS BETWEEN Bitbuy.ca AND THAT PARTICULAR INDIVIDUAL.

15. GOVERNING LAW/SEVERABILITY

Any agreement, including, without limitation, the Terms and Conditions, arising from the business relationship between Bitbuy.ca and the Customer, will be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without reference to its conflicts of laws principles. The Customer agrees that any litigation or arbitration between the Customer and Bitbuy.ca will take place in Ontario, Canada, and the Customer consents to personal jurisdiction and venue in Ontario, Canada. If any provision or portion of the agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of that agreement will continue in full force and effect.

16. MODIFICATION

Any waiver, modification, or amendment of any provision of the Terms and Conditions, initiated by the Customer, will be effective only if accepted in writing and signed by Bitbuy.ca.

17. INDEPENDENT CONTRACTORS

Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between the Parties. Each Party will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other Party, except as may be expressly provided herein.

18. COMPLETE AGREEMENT

The Terms and Conditions, in addition to any other specific agreement (if any) between Bitbuy.ca and the Customer, constitutes the complete understanding and agreement between the Customer and Bitbuy.ca. Except when expressly agreed to the contrary in writing by Bitbuy.ca, the Terms and Conditions supersedes any other written (including, without limitation, digitized/computerized) agreement, oral agreement, and/or agreement by conduct.

THOUT LIMITATION, CLICKING THE “CONTINUE”,   “CHECKOUT”, AND/OR “SUBMIT” BUTTON IN THE ORDER FORM ON THE Bitbuy.ca WEBSITE) OF THE CUSTOMER'S ORDER WILL CONSTITUTE THE CUSTOMER'S ACCEPTANCE OF THESE TERMS AND CONDITIONS.

This agreement (“Terms and Conditions”), in addition to any other specific agreement between Bitbuy.ca Inc. (“Bitbuy.ca”) and the customer (“the Customer”), represents the complete understanding and agreement between Bitbuy.ca and Customer. This Terms and Conditions agreement supersedes any other written agreement including, without limitation, digitized, computerized, oral agreement, and/or agreement by conduct, except when expressly agreed to the contrary in writing by Bitbuy.ca.

Upon notice published on Bitbuy.ca website, Bitbuy.ca may change or discontinue any provision of this Terms and Conditions agreement from time to time, including, without limitation, all services provided by Bitbuy.ca, pricing, services, and products. Any such change or discontinue of any provision will legally bind the Customer from the time Bitbuy.ca publishes notice of the change on the Bitbuy.ca website. It is the Customer's sole responsibility to ensure that the Customer is up to date on the most current version of the Terms and Conditions agreement.

In accordance with the Terms and Conditions, Bitbuy.ca will provide services to the Customer in exchange for fees and full compliance with the following Terms and Conditions:

1. Provision of Bitbuy.ca Services  

A. Bitbuy.ca Services Defined. " Bitbuy.ca  Services" include, without limitation, the following:

I. any act by Bitbuy.ca of serving the Customer regardless of duration and whether or not paid for;

II. any act of setting up, connecting, maintaining, terminating, or reconnecting the "Customer's Account" (see section 1.b.);

III. any use by the Customer of software, information, and services provided by Bitbuy.ca;

IV. any act, or provision of any service, by Bitbuy.ca related to crypto-currency procurement (including, without limitation, server usage and technical support);

V. any provision by Bitbuy.ca, and any use or occupation by the Customer, of software, or crypto-currency payment processing;

VI. any access to software, information, and services provided to Customer by others affiliated with Bitbuy.ca via the world wide web and Internet;

VII. any aspect related to the Bitbuy.ca website, including the Bitbuy.ca website itself;

VIII. any act by Bitbuy.ca related to the submission and/or payment of crypto-currency for the Customer;

IX. any other service mentioned in the Terms and Conditions agreement;

X. any other service provided by Bitbuy.ca to the Customer;

XI. any other service provided by Bitbuy.ca and used by the Customer.

B. Customer's Account Defined. "Customer's Account" means the space on Bitbuy.ca web servers that maintains transactional data and information provided by the Customer in exchange for services provided by Bitbuy.ca.

C. Amendment of Fees & Charges. Bitbuy.ca may amend the fees and/or charges for any Bitbuy.ca Service at any time.

D. Management & Backup of Data. The Customer is solely responsible for the management and backup of all the Customer data, including but not limited to; bitcoin (crypto-currency).

E. Maintenance Windows. Bitbuy.ca reserves the right to conduct an emergency maintenance window at any time. During an emergency maintenance window, any or all Bitbuy.ca Services may be unavailable.

2. CONFIDENTIALITY

A. Confidential Information Defined. "Confidential Information" means any information disclosed by Bitbuy.ca to the Customer, either directly or indirectly, in writing, orally, or by inspection of tangible objects (including, without limitation, documents, prototypes, samples, plant, and equipment), which is designated as "Confidential," "Proprietary," or some other similar designation either (a) in writing, (b) orally, or (c) by any other means. Confidential Information will not include any information which: (i) is publicly known and made generally available through no fault or breach on the part of the Customer or any third party; (ii) is obtained by the Customer from a third party without a breach of such third party's obligations of confidentiality; (iii) is independently developed by the Customer without use of or reference to the Confidential Information; or (iv) is required by law to be disclosed by the Customer, provided that the Customer gives Bitbuy.ca prompt written notice of such requirement prior to such disclosure, and assistance in obtaining an order protecting the information from public disclosure.

B. Disclosure of Confidential Information. The Customer must not use, disclose, publish or disseminate any of Bitbuy.ca Confidential Information to anyone other than those of the Customer's employees or contractors (if any) on a need-to-know basis, and the Customer agrees to take all reasonable precautions to protect the secrecy of and to prevent any unauthorized use, disclosure, publication, or dissemination of the Confidential Information. Without limiting the scope of the foregoing, the Customer will take measures to protect the Customer's own most highly confidential information and will ensure that any of the Customer's employees, consultants, or other third parties who have access to Bitbuy.ca Confidential Information have signed a non-use and non-disclosure agreement in content at least as restrictive as the provisions hereof, prior to any disclosure of the Confidential Information to such employees, consultants, or other third parties. The Customer further agrees not to use the Confidential Information otherwise for the Customer's own, or any third party's, benefit without the prior written approval of an authorized representative of Bitbuy.ca in each instance. The Customer will not make any copies of Bitbuy.ca Confidential Information unless the same are previously approved by Bitbuy.ca in writing. The Customer will reproduce Bitbuy.ca proprietary rights notices on any such approved copies, in the same manner in which such notices were set forth in or on the original. The Customer will not commit or permit the reverse engineering, reverse assembling, disassembling, reverse compiling, or decompiling, or any attempt to derive source code from, any prototypes, hardware, software or any other tangible objects which embody Bitbuy.ca Confidential Information.

C. Trademark & Copyright: All Bitbuy.ca trademarks and logos contained in any and all materials and information are the property of Bitbuy.ca. Use of such trademarks, logos, or copyrighted materials are strictly prohibited without the prior permission for use from the rightful owners.

3. USE OF Bitbuy.ca SERVICES

A. Customer's Account. Only the Customer may use the Customer's Account with lawful identity verification through Interac, bank verification, and SMS verification. The Customer may not sell, lease, rent, or assign, in any way, any part or whole of the Customer's Account and/or Bitbuy.ca  Services to any party, unless the Customer obtains Bitbuy.ca prior written consent or the Customer has entered into a valid Reseller Agreement with Bitbuy.ca.

B. Bitbuy.ca Right of Refusal & Termination. Bitbuy.ca may, at its sole discretion, refuse Bitbuy.ca Services to any Customer, whether new or existing, and/or terminate the supply of Bitbuy.ca  Services to the Customer, without any prior notice, if Bitbuy.ca  deems the Customer to be in violation of the Terms and Conditions, notwithstanding that the Customer may be in breach of any other agreement by complying with the Terms and Conditions.

C. Customer's Lawful Use. The Customer agrees to use the Bitbuy.ca  Services as permitted by applicable laws, including, without limitation, local, provincial, state, and federal laws. The Customer agrees that the Customer may NOT use Bitbuy.ca Services to conduct or solicit any business or activity that is prohibited by law, libelous, or against any Bitbuy.ca policy.

D. Customer's Warranty, Liability, & Indemnification. The Customer is solely responsible for any legal liability arising out of, or relating to, the Customer's use of Bitbuy.ca Services. The Customer represents and warrants to Bitbuy.ca that the Customer holds the necessary rights to use, or permit to use, any item used through any Bitbuy.ca Service, and that the use, reproduction, distribution, transmission, or display of any data to the public, and any material to which the public can link or access, or any aspect of Bitbuy.ca Services made available to the public through the Customer, will NOT:

I. violate or potentially violate any right of any third party, including, without limitation, infringement or misappropriation of any copyright, patent, trademark, trade secret, music, image, or other proprietary right;

II. constitute or potentially constitute violations such as, without limitation, false advertisement, unfair competition, defamation, invasion of privacy, invasion of rights, and discrimination;

III. cause or potentially cause a business dispute or a personal dispute;

IV. contain any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law, including, without limitation, local, provincial, state, national, international, or any other laws.

The Customer agrees to indemnify and hold Bitbuy.ca, any third party entity related to Bitbuy.ca (including, without limitation, third party vendors), and Bitbuy.ca executives, directors, officers, managers, employees, consultants, agents, parent companies, and subsidiaries harmless from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of action, including, without limitation, any and all legal fees and expenses arising out of or relating to the Customer's breach of any of the representations or warranties herein, or any other third party claim with respect thereto.

E. Other Organizations' Permission & Policies. The Customer's use of networks, computing resources, or other services from other organizations is also subject to those organizations' respective permission and usage policies.

F. Customer's Prevention of Corruption. The Customer must actively endeavor to prevent any corruption of Bitbuy.ca systems, including, without limitation, viruses. Bitbuy.ca reserves the right to run anti-virus programs, at Bitbuy.ca sole discretion, to minimize potential and actual damages.

G. Other Prohibited Conduct. The Customer must not commit or permit any reverse engineering, reverse assembling, disassembling, reverse compiling, or decompiling, or any attempt to derive source code from, any prototypes, hardware, software, or other tangible objects provided to the Customer by Bitbuy.ca.

H. Third Party Services or Products. The Customer acknowledges and agrees that any recommendation made by Bitbuy.ca employees for services or products ancillary to Bitbuy.ca Services are the recommendations of that employee only and not of Bitbuy.ca. Bitbuy.ca does not warrant the integrity or quality of the services or products provided by such third parties. The Customer agrees to hold Bitbuy.ca, any third party entity related to Bitbuy.ca  (including, without limitation, third party vendors), and Bitbuy.ca executives, directors, officers, managers, employees, consultants, contractors, agents, parent companies, and subsidiaries harmless from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of action, including, without limitation, any and all legal fees and expenses arising out of or related to the Customer's reliance on any recommendation made by a Bitbuy.ca employee regarding services or products ancillary to Bitbuy.ca Services.

4. INDEMNIFICATION

The Customer agrees to protect, defend, hold harmless, and indemnify Bitbuy.ca, any third party entity related to Bitbuy.ca  (including, without limitation, third party vendors), and Bitbuy.ca  executives, directors, officers, managers, employees, consultants, agents, parent companies, and subsidiaries from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses arising out of or resulting from Customer's use of Bitbuy.ca  Services.

5. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL Bitbuy.ca, Bitbuy.ca EXECUTIVES, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING Bitbuy.ca SERVICES BE LIABLE FOR ANY BUSINESS OR PERSONAL LOSS, REVENUE DECREASE, EXPENSE INCREASE, COST OF SUBSTITUTE PRODUCTS AND/OR Bitbuy.ca SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY Bitbuy.ca SERVICES EVEN IF Bitbuy.ca HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Bitbuy.ca TOTAL CUMULATIVE LIABILITY, IF ANY, TO THE CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TERMS AND CONDITIONS, AND THE USE OF THE website, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, ANY ACT OR OMISSION BY Bitbuy.ca OR Bitbuy.ca REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE FEE OR PAID BY THE CUSTOMER FOR Bitbuy.ca SERVICES.

6. DISCLAIMER

A. Changes, Modifications, & Backup of Data. THE CUSTOMER AGREES THAT Bitbuy.ca MAY DISCONTINUE, UPGRADE, REPLACE, MODIFY, OR CHANGE IN ANY WAY, WITHOUT LIMITATION, ANY SOFTWARE, APPLICATION, PROGRAM, DATA, HARDWARE, EQUIPMENT, OR PORTIONS OR COMPONENTS THEREOF, USED TO PROVIDE THE CUSTOMER WITH Bitbuy.ca SERVICES. Bitbuy.ca MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE PERFORMANCE, CONDITION, OR EXISTENCE OF ANY OF Bitbuy.ca APPLICATIONS AND CONTENT.

B. Systems Information. THE CUSTOMER ACKNOWLEDGES THAT Bitbuy.ca MAKES A REASONABLE EFFORT TO KEEP THE INFORMATION AVAILABLE ON Bitbuy.ca SYSTEMS ACCURATE. HOWEVER, Bitbuy.ca MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE QUALITY, ACCURACY, OR VALIDITY OF THE DATA AND/OR INFORMATION AVAILABLE. USE OF INFORMATION OBTAINED FROM OR THROUGH Bitbuy.ca IS AT THE SOLE RISK OF CUSTOMER.

C. Interconnecting Networks Information. The CUSTOMER ACKNOWLEDGES THAT THE DATA AND/OR INFORMATION AVAILABLE THROUGH THE INTERCONNECTING NETWORKS MAY NOT BE ACCURATE, AND THAT Bitbuy.ca HAS NO ABILITY OR AUTHORITY OVER THE DATA AND/OR INFORMATION. Bitbuy.ca MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE QUALITY, ACCURACY, OR VALIDITY OF THE DATA AND/OR INFORMATION RESIDING ON OR PASSING THROUGH THE INTERCONNECTING NETWORKS. USE OF DATA AND/OR INFORMATION OBTAINED FROM OR THROUGH Bitbuy.ca  SERVICES IS AT THE SOLE RISK OF THE CUSTOMER.

D. Third Party Licenses. THE CUSTOMER UNDERSTANDS, AGREES, AND ACKNOWLEDGES THAT Bitbuy.ca MAKES A REASONABLE EFFORT TO PROVIDE THE CUSTOMER WITH TECHNOLOGIES, DEVELOPMENTS, AND INNOVATIONS (COLLECTIVELY "TECHNOLOGIES"), PART OF WHICH ARE BEING LICENSED OR CO-BRANDED FROM OR BY THIRD PARTY ENTITIES. HOWEVER, Bitbuy.ca MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE QUALITY, ACCURACY, RELIABILITY, VALIDITY, OR CONTINUED EXISTENCE OF ANY AND ALL ASPECTS OF SUCH TECHNOLOGIES. MOREOVER, Bitbuy.ca SPECIFICALLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE FOR SUCH TECHNOLOGIES. FURTHERMORE, THE CUSTOMER WILL NOT HOLD Bitbuy.ca, ANY THIRD PARTY ENTITY RELATED TO Bitbuy.ca (INCLUDING, WITHOUT LIMITATION, THIRD PARTY VENDORS), OR Bitbuy.ca EXECUTIVES, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, CONSULTANTS, AGENTS, PARENT COMPANIES, AND SUBSIDIARIES LIABLE IN ANY WAY FOR THE REVOCATION OF ANY LICENSE, WHICH HAS BEEN LICENSED TO Bitbuy.ca FROM OR BY THIRD PARTIES, THAT RESULTS IN ANY ACTUAL OR POTENTIAL HARM, DAMAGE, COST, EXPENSE, OR OTHERWISE TO THE CUSTOMER, THE CUSTOMER'S BUSINESS, THE CUSTOMER'S AFFILIATES, THE CUSTOMER'S CUSTOMERS, OR ANYONE OR ANYTHING RELATED TO THE CUSTOMER. THE USE OF THE TECHNOLOGIES OBTAINED FROM OR THROUGH Bitbuy.ca, OR ANY OTHER REFERRED THIRD PARTY, WHETHER DIRECTLY OR INDIRECTLY, IS AT THE SOLE RISK OF THE CUSTOMER.

E. Non- Bitbuy.ca Products. THE CUSTOMER ACKNOWLEDGES THAT ANY MENTION OF NON- Bitbuy.ca PRODUCTS OR SERVICES BY Bitbuy.ca, ANY THIRD PARTY ENTITY RELATED TO Bitbuy.ca (INCLUDING, WITHOUT LIMITATION, THIRD PARTY VENDORS), OR Bitbuy.ca  EXECUTIVES, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, CONSULTANTS, AGENTS, PARENT COMPANIES, AND/OR SUBSIDIARIES, IS FOR INFORMATION PURPOSES ONLY, AND DOES NOT CONSTITUTE AN ENDORSEMENT OR RECOMMENDATION BY Bitbuy.ca OR THE INDIVIDUALS AND ENTITIES LISTED IN THIS SECTION. Bitbuy.ca  DISCLAIMS ANY AND ALL LIABILITIES FOR ANY REPRESENTATION OR WARRANTY MADE BY THE VENDORS OF SUCH NON- Bitbuy.ca PRODUCTS AND/OR Bitbuy.ca SERVICES.

F. Website. THE SERVICES, INFORMATION, AND DATA (COLLECTIVELY THE "INFORMATION") MADE AVAILABLE ON THE Bitbuy.ca website ARE PROVIDED "AS IS," WITHOUT WARRANTIES OF ANY KIND. Bitbuy.ca EXPRESSLY DISCLAIMS ANY REPRESENTATION AND WARRANTY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Bitbuy.ca WILL HAVE ABSOLUTELY NO LIABILITY IN CONNECTION WITH THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGE TO THE Website USER'S COMPUTER, ANY HARDWARE, DATA, INFORMATION, MATERIALS, AND BUSINESS RESULTING FROM THE INFORMATION, OR THE LACK OF INFORMATION, AVAILABLE ON THE website. Bitbuy.ca WILL HAVE NO LIABILITY FOR:

I. ANY AND ALL LOSSES OR INJURIES CAUSED, IN WHOLE OR IN PART, BY Bitbuy.ca ACTIONS, OMISSIONS, OR NEGLIGENCE, OR FOR CONTINGENCIES BEYOND Bitbuy.ca CONTROL IN PROCURING, COMPILING, OR DELIVERING THE INFORMATION, PRODUCTS, AND/OR SERVICES ;

II. ANY AND ALL ERRORS, OMISSIONS, OR INACCURACIES IN THE INFORMATION REGARDLESS OF HOW CAUSED, OR DELAYS OR INTERRUPTIONS IN DELIVERY OF THE INFORMATION; OR

III. ANY DECISION MADE, OR ACTION TAKEN OR NOT TAKEN, IN RELIANCE UPON THE INFORMATION FURNISHED ON THE Website.

Bitbuy.ca MAKES NO WARRANTY, REPRESENTATION, OR GUARANTEE AS TO THE CONTENT, SEQUENCE, ACCURACY, TIMELINESS, OR COMPLETENESS OF THE INFORMATION ON THE Bitbuy.ca Website, OR THAT THE INFORMATION IS RELIABLE FOR ANY REASON. Bitbuy.ca MAKES NO WARRANTY, REPRESENTATION, OR GUARANTY THAT THE INFORMATION WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY DEFECTS CAN BE CORRECTED. FOR THE PURPOSES OF THIS SECTION, " Bitbuy.ca " INCLUDES, WITHOUT LIMITATION, Bitbuy.ca DIVISIONS, SUBSIDIARIES, SUCCESSORS, PARENT COMPANIES, AND THEIR (INCLUDING Bitbuy.ca) EXECUTIVES, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE.

7. PAYMENT, PENALTIES, & APPLICABLE TAXES

A. Payment Due. The Customer must ensure that Bitbuy.ca receives full payment for Bitbuy.ca Services at the time of purchase. The Customer is solely responsible for ensuring that his/her debit card is valid and contains funds in the debit card holder's bank account to ensure Bitbuy.ca receives payment. Bitbuy.ca will not provide the Customer with Bitbuy.ca Services until Bitbuy.ca receives full payment.

B. Methods of Payment. Methods of payment accepted by Bitbuy.ca is debit card only.

C. Applicable Taxes. Bitbuy.ca will charge the Customer, and the Customer must pay to Bitbuy.ca, all applicable taxes, including, without limitation, any retroactive tax on past fees or charges (whether already paid or not) in cases where Bitbuy.ca is under a legal obligation to collect such tax from the Customer. The Customer is solely responsible for any and all other taxes, which the Customer is under a legal obligation to pay.

D. Refunds. The Customer agrees bitcoin transactions are irreversible; there are no refunds, no exchanges, and no chargebacks. The Customer agrees that if, for any reason the debit card purchase is reversed, The Customer must return products or services prior to the refund being issued. If the market rate in Canadian dollars for bitcoins is lower than the Customers purchase date, the Customer agrees to match the current Canadian dollar value at the time of refund. Bitbuy.ca reserves the right, and may pursue legal action if the Customer attempts to refund his/her purchase without first returning Bitbuy.ca products or services purchased.

8. CUSTOMER'S ABUSE & BREACH

A. Abuse Defined. Any "abuse" of Bitbuy.ca Services is a breach of the Terms and Conditions. Abuse includes, without limitation, the Customer's use of Bitbuy.ca Services that disrupts the normal use of Bitbuy.ca Services for other Bitbuy.ca the customers. Determination of what constitutes an abuse of Bitbuy.ca Services will be at the sole discretion of Bitbuy.ca. Some examples of abuse of Bitbuy.ca Services include, without limitation, website modification, SQL injection, DDOS attacks, spamming or mass e-mailing. Without limiting the scope of the foregoing, Bitbuy.ca forbids the storage or use of any type of software intended for hacking or cracking purposes.

B. Disciplinary Measures. Depending on the nature and the severity, the Customer's abuse of Bitbuy.ca Services is cause for Bitbuy.ca to implement, at Bitbuy.ca sole discretion, disciplinary measures, including, without limitation, warning, suspension, or termination of the Customer's Account and all provision of Bitbuy.ca Services to the Customer. If the Customer has been suspended, and Bitbuy.ca chooses to rescind the suspension, Bitbuy.ca may, at its sole discretion, charge the Customer a reconnection charge before Bitbuy.ca will provide any further Bitbuy.ca Services to the Customer.

C. Misclassification. The Customer acknowledges that the Customer's activity may be misclassified as abuse. A Customer who believes that the Customer's activity has been misclassified may appeal to Bitbuy.ca Support. Determination of whether or not the Customer's activity is abuse is at Bitbuy.ca sole discretion.

D. Right to Terminate. IF Bitbuy.ca DEEMS THE CUSTOMER TO BE INVOLVED, IN ANY WAY, IN UNLAWFUL ACTIVITIES, Bitbuy.ca RESERVES THE RIGHT TO IMMEDIATELY TERMINATE Bitbuy.ca SERVICES TO THE CUSTOMER.

E. Breach of the Terms and Conditions. Unethical activities and criminal offenses are breaches of the Terms and Conditions. The Customer agrees to report to Bitbuy.ca any breach of the Terms and Conditions by either the Customer or any other Bitbuy.ca customer. If the Customer is unsure of whether or not a particular activity is unethical or criminal, the Customer must notify Bitbuy.ca and Bitbuy.ca will make such determination and appropriate action, if necessary.

F. Civil &/or Legal Liability for Breach. ANY BREACH OF THE TERMS AND CONDITIONS MAY RESULT IN CIVIL ACTION AND/OR LEGAL ACTION AND/OR CRIMINAL PROSECUTION.

10. IP ADDRESSES, SMS, EMAIL, LOGGING AND ENFORCEMENT

Bitbuy.ca maintains control and logs all IP numbers and IP addresses that may be assigned to the Customer, and Bitbuy.ca reserves the right to remove or restrict, at Bitbuy.ca sole discretion, any and all IP numbers and addresses. Bitbuy.ca also maintains logs for email, telephone, and SMS verification associated with each transaction ID. The customers information and banking information is NOT provided to Bitbuy.ca. Bitbuy.ca logs ensure financial transparency in the event of maleficence.

11. INTELLECTUAL PROPERTY

A. IP Prohibition. The Customer must not, without Bitbuy.ca express written consent, copy, reproduce, or republish any material, in whole or in part, that is located on the website, including, without limitation, Bitbuy.ca sales and marketing materials.

B. Trademark & Copyright Prohibition. The Customer must not, without Bitbuy.ca express written consent, use any Bitbuy.ca trademark, service mark, or copyrighted material.

C. Misrepresentation. The Customer must not, in any way, misrepresent the Customer's relationship with Bitbuy.ca, attempt to pass itself off as Bitbuy.ca, or claim that the Customer is Bitbuy.ca.

12. CUSTOMER'S PRIVACY

Bitbuy.ca takes reasonable measures to protect the Customer's privacy. Except under urgent or emergency circumstances, and/or as required by regulation, court order, official authority, police or other law enforcement authority, or any applicable law. The Customer's information or data collected will be used by Bitbuy.ca for purposes related to Bitbuy.ca Services including, without limitation, extending special offers to the Customer, and referral and/or agency commissions (including, without limitation, improvements). The Customer understands, acknowledges, and agrees that the Customer's administrative contact information in relation to the Customer's domain name registration is public information and Bitbuy.ca is not, and can not, be obligated to safeguard such information and data from any third party.

Under The Personal Information Protection and Electronic Documents Act which governs the collection, use and disclosure of personal information in the commercial sector, Bitbuy.ca is required to adhere to ten privacy principles set out in the National Standard of Canada, Model Code for the Protection of Personal Information effective January 1, 2001. It governs the behavior of employees and agents acting on Bitbuy.ca behalf when dealing with personal information. The purpose in which information is collected and used. It provides procedures for an individual’s access to and correction of personal        information. Read Bitbuy.ca Privacy Policy located on the Bitbuy.ca website.

13. ASSIGNMENT AND AGENTS

A. Assignment. The rights and liabilities of both the Customer and Bitbuy.ca (collectively "the Parties") under the Terms and Conditions will bind and inure to the benefit of the Parties' respective successors, executors, and administrators, as the case may be. However, the Customer may not assign or delegate the Customer's rights and obligations under any of the Customer's business relationships (including, without limitation, any contract, agreement, or business arrangement) with Bitbuy.ca, either in whole or in part, without the prior written consent of Bitbuy.ca. Bitbuy.ca may assign its rights and obligations under the Terms and Conditions to any third party in connection with a merger, acquisition, sale of all or substantially all of Bitbuy.ca assets, or any other corporate reorganization.

B. Bound as Principal. The Customer agrees that the Customer will be bound as a principal to the Terms and Conditions even if any contract, agreement, or business arrangement, including, without limitation, an application for domain name registration or web hosting, is executed by an agent for the Customer.

14. MINIMUM AGE REQUIREMENT

A. Customer's Warranty. The Customer warrants that the Customer is at least 18 years of age.

B. Parent or Guardian. Any individual under the age of 18 years ("Minor") must have a parent or guardian accept the Terms and Conditions in order for the Minor to become a Bitbuy.ca customer.

C. Parent or Guardian Primarily Liable. A parent or guardian who accepts the Terms and Conditions on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with the Terms and Conditions, including, without limitation, the timely and full payment of the charges for Bitbuy.ca Services.

D. Continuation of Parent or Guardian's Liability. A parent or guardian who accepts the Terms and Conditions on behalf of a Minor will continue to be primarily liable for the obligations mentioned in the Terms and Conditions even when the Minor has attained the age of 18, unless Bitbuy.ca provides to such parent or guardian Bitbuy.ca express written consent to the contrary.

E. Invalid Acceptance (Null & Void). ANY ACCEPTANCE OF THE TERMS AND CONDITIONS BY AN INDIVIDUAL UNDER THE AGE OF 18 WITHOUT PARENTAL CONSENT WILL BE DEEMED INVALID AND THE TERMS AND CONDITIONS WILL BE DEEMED NULL AND VOID AS BETWEEN Bitbuy.ca AND THAT PARTICULAR INDIVIDUAL.

15. GOVERNING LAW/SEVERABILITY

Any agreement, including, without limitation, the Terms and Conditions, arising from the business relationship between Bitbuy.ca and the Customer, will be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without reference to its conflicts of laws principles. The Customer agrees that any litigation or arbitration between the Customer and Bitbuy.ca will take place in Ontario, Canada, and the Customer consents to personal jurisdiction and venue in Ontario, Canada. If any provision or portion of the agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of that agreement will continue in full force and effect.

16. MODIFICATION

Any waiver, modification, or amendment of any provision of the Terms and Conditions, initiated by the Customer, will be effective only if accepted in writing and signed by Bitbuy.ca.

17. INDEPENDENT CONTRACTORS

Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between the Parties. Each Party will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other Party, except as may be expressly provided herein.

18. COMPLETE AGREEMENT

The Terms and Conditions, in addition to any other specific agreement (if any) between Bitbuy.ca and the Customer, constitutes the complete understanding and agreement between the Customer and Bitbuy.ca. Except when expressly agreed to the contrary in writing by Bitbuy.ca, the Terms and Conditions supersedes any other written (including, without limitation, digitized/computerized) agreement, oral agreement, and/or agreement by conduct.