Business, Contact Information
Our business and contact information as follows:
- Incorporation Name: Axcel Media Corp
- Business Address: #901 1355 West Broadway Vancouver BC V6H1G9 CA
- Phone: 7789975609
Terms of Service
The terms of service is based on the executed service agreement (the “Physical Agreement”) between Axcel Media Corp. (“Axcel”, “we”, or “us”) and you (the “Client”), or this electronic agreement (the “Electronic Agreement”) in the event such Physical Agreement does not exist. Payment to Axcel through this website requires you to perform affirmative action of clicking a “I agree” checkbox to agree to this Electronic Agreement (the “Affirmative Click”). By performing the Affirmative Click, you agree to be a party to this Electronic Agreement as a Client and be bound by the terms and conditions herein. Furthermore, this Electronic Agreement shall apply to all other services provided by Axcel to you, even if payment for such service(s) requires a separate or different payment method that did not require any Affirmative Click or similar action.
Axcel offers its services through various brand names; its services shall collectively be referred to as “Restobox” in this Electronic Agreement.
In the event there is any contradiction between the Physical Agreement and this Electronic Agreement, the Physical Agreement shall supersede the contradictory statements in this Electronic Agreement.
Details of Your Purchase
An email receipt is sent from our website to you (the “Email Receipt”) immediately after completing checkout and submitting payment to us. The Email Receipt is incorporated into and form as part of this Electronic Agreement. The following information from the Email Receipt is to be considered as part of this Electronic Agreement: (a) the date of the Email Receipt is the date on which this Electronic Agreement is entered into; (b) a detailed description of the goods or services you purchased and are to be supplied under this Electronic Agreement by us; (c) an itemized purchase price for the goods or services to be supplied under the Electronic Agreement; (d) other costs payable by you, including taxes and shipping charges; (e) the terms of payment; (f) the total price under this Electronic Agreement, and (g) your name and contact information as provided by you.
Content and Copyright
The Client understands and agrees all information, data, text, photographs, graphics, messages, themes, designs, text, programming code or other materials made available by or through Restobox (“Content“) is the sole responsibility of the Client. The Client will undertake a thorough review to ensure accuracy of the all Content and to ensure that the Content is compliant with any applicable local, municipal, provincial and federal laws.
The Client is entirely responsible all Content that the Client uploads, posts, emails, transmits, approves or otherwise makes available via Restobox. Restobox claims no ownership or control over any Content submitted, posted or displayed by the Client on or through Restobox. The Client represents and warrants that the Client has all necessary rights and licenses to use such Content and make such Content available to the public for commercial purposes. The Client agrees not to violate any laws, rules, regulations or proprietary rights of any third party or Axcel.
Axcel may provide to the Client certain generic or modified terms of service statements, disclaimers, privacy policies or legal statements (collectively, “Disclaimers”) for use by the Client. In no event shall such Content or provision of such Content be considered as legal advice. The Client is solely responsible to ensure the Disclaimers are sufficient for the Client’s purposes and to manage the legal risks of using Restobox and/or having a website. The Client is recommended to seek legal advice as its own expense.
From time to time, Axcel may use screenshots, images, or other depictions of the Client Website, its functionality and the Client’s older websites in Axcel’s own marketing materials.
Fair Use Policy
- Content Update: If applicable, Client requested changes to the website done by Restobox are batched and done once every two weeks. Restobox may perform requests more frequently, in its sole discretion.
- Access & Password: The Client is responsible for all activities that occur within the Client’s account. The Client is responsible for maintaining the confidentiality of the Client’s account password and agrees to only disclose its password on an as-needed basis to the Client’s staff. The Client agrees to immediately notify Axcel of any security breach, unauthorized use of the Client’s password or account.
- Prohibited Uses: The Client agrees to not use Restobox to upload, post, email, transmit or otherwise make available any Content, or take any action that is unlawful, intentionally or unintentionally violates any applicable local, provincial, state, national or international law.
Privacy and User Data
- Cookies: The Client acknowledges and allows Axcel’s and Restobox websites to contain cookies and other user identification, user tracking mechanisms and information storage capabilities.
- Storage: The Client’s information and Content is stored in Canada, the United States, and other jurisdictions, as determined by the sole discretion of Axcel, and will be subject to the laws of applicable jurisdictions. Certain Content is stored and processed by third parties.
Indemnity And Limitation of Liability
The Client agrees to indemnify and hold harmless Axcel and its subsidiaries, affiliates, officers, directors, employees, and contractors (the “Indemnified Parties”) from any claim or demand, including costs, expenses and reasonable attorneys’ fees, arising from the Client’s use of Restobox, or any Content the Client makes available through Restobox, or any violation by the Client of this Electronic Agreement, or the Client’s violation of any rights of a third party, including but not limited to claims of disparagement, libel, slander and/or any intellectual property claims, or the Client’s failure to maintain the security of the Client’s password.
The Client agrees that the Client will not hold Restobox liable for any inadvertent damage to, corruption of or destruction of any Content. If any Content is transmitted to Restobox and is damaged, lost or corrupted in any way, Restobox shall have no obligation or liability to the Client.
In no event shall the Indemnified Parties be liable to the Client for any special, incidental, consequential or punitive damages arising out of this Electronic Agreement or its termination, whether liability is asserted in contract, tort (including negligence) or otherwise and irrespective of whether the Client has been advised of the possibility of any such loss or damage, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses (even if Restobox has been advised of the possibility of such damages) which result from all causes.
Disclaimer of Warranty
The Client expressly understands and agrees that the Client’s use of Restobox is at the Client’s sole risk. Except as expressly set forth in this Electronic Agreement, Restobox are provided on an “as is” and “as available” basis.
To the maximum extent permitted by law, Restobox and Indemnified Parties expressly disclaim all warranties and conditions of any kind with regard to Restobox, whether expressed or implied, including without limitation, any warranty of non-infringement and the implied warranties of merchantability and fitness for a particular purpose.
In particular, and not by way of limitation, Restobox disclaims any warranty that (i) Restobox will operate error-free or without interruption, (ii) Restobox will be timely, secure, or meet the Client’s requirements, (iii) quality of Restobox will meet the Client’s expectations, (iv) Restobox will meet the Client’s requirements, (v) the results that may be obtained from the use of Restobox will be accurate or reliable, (vi) Restobox is secure, free from compromise or free from authorized access, (vii) any errors in Restobox will be corrected, and (vIii) that Content or services made available through Axcel, its servers or any e-mail sent by Axcel are free of viruses or other potentially harmful components.
No statements, either oral or written, shall create any warranty not expressly stated in these terms.
Exclusions and Limitations
Nothing in this Electronic Agreement is intended to exclude or limit any condition, warranty, right or liability which may not be lawfully excluded or limited. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability. Accordingly, only the above limitations, which are lawful in the Client’s jurisdiction, will apply to the Client and our liability will be limited to the maximum extent permitted by law.
Other Terms
Choice of Law and Forum: This Electronic Agreement and all matters between the parties shall be governed by the laws of the province of British Columbia, Canada. Each party waives, to the fullest extent permitted by applicable law, any right it may have to a trial by jury in respect of any action, suit or proceeding arising out of or relating to this Electronic Agreement.
Waiver and Severability of Terms: The failure of Axcel to exercise or enforce any right or provision of the Electronic Agreement shall not constitute a waiver of such right or provision. If any provision of the Electronic Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Electronic Agreement remain in full force and effect.
Additional Terms For Specific Services
- The document is incorporated into and form as part of this Electronic Agreement if have purchased any hosting and maintenance services from us: Hosting and WordPress Site Maintenance Service – https://store.restobox.com/hosting-and-wordpress-site-maintenance-service/
Subscription Services and Automatic Payments
If you are entering into a subscription service or any service that indicates a recurring payment (together, the “Subscription Services”), we would require payment by credit card or other payment method we allow. The credit card or alternate payment method you provide will be automatically charged the recurring fee on a recurring basis with the frequency as stated without further action or confirmation from you, until you terminate the Subscription Service. You can terminate the Subscription Service by contacting us in writing.
For cancellations please email support@restobox.com and state your identity and state which Subscription Service you wish to cancel. All cancellations are effective upon confirmation from us and will be processed within five business days of your request. We will provide confirmation within 3 business days. Please note that if an agreement states a minimum term or number of payments that is required from you, the cancellation is not effective until the minimum term has been reached or the minimum number of payments has been made.
Inquiries
If you have any questions or inquiries please contact us at support@restobox.com, reach out to your Restobox sales representative or contact us here.