Effective Date: 17-Sep-24

Welcome to Fobbiz, an online business directory and event listing platform operating and registered in Canada. By accessing or using our website and services, you agree to comply with the following terms and conditions. Please read them carefully before using our platform.

1. Acceptance of Terms

By using Fobbiz, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service (ToS) and all applicable Canadian laws and regulations. If you do not agree to these terms, please refrain from using the platform.

2. Eligibility

To use this platform, you must:

• Be at least 18 years old or have the legal authority to enter into a binding agreement.
• Use the service in compliance with all applicable laws, including Canadian federal and provincial statutes, rules, and regulations.

3. User Accounts

• Registration: To access certain features, users may need to create an account. You agree to provide accurate and complete information during registration and to update it as necessary.
• Account Security: You are responsible for maintaining the confidentiality of your account credentials. We will not be liable for any loss or damage arising from unauthorized access to your account.
• Account Termination: We reserve the right to suspend or terminate your account if we suspect any violation of these terms or any applicable laws.

4. User Obligations

As a user, you agree to:

• Provide accurate and truthful information.
• Refrain from posting unlawful, defamatory, or inappropriate content.
• Comply with all applicable Canadian laws, including Canada’s Anti-Spam Legislation (CASL).
• Not engage in activities that disrupt or interfere with the platform’s operations (e.g., hacking or using bots). 

5. User Content and Contributions

• By submitting content (reviews, photos, business details, etc.) to Fobbiz, you grant us a non-exclusive, royalty-free, worldwide license to use, display, and distribute your content for marketing and operational purposes. Content must be lawful, respectful, and not infringe on intellectual property rights. We reserve the right to remove any content that violates these terms or applicable Canadian laws.

• Users may submit business listings, events, reviews, or comments. By submitting content, you grant Fobbiz a non-exclusive, royalty-free, worldwide license to use, display, modify, and distribute your content for the purpose of operating and promoting the platform.
• You agree that any content you submit, including business listings and reviews, is accurate, truthful, and does not violate any applicable laws or the intellectual property rights of third parties.
• We reserve the right to remove or modify any user-generated content that violates these Terms of Service, is deemed inappropriate, or contravenes applicable Canadian laws, without prior notice.

6. Prohibited Conduct

When using the platform, you agree not to:

• Submit false or misleading business listings, events, or reviews;
• Post content that is defamatory, abusive, discriminatory, or violates any applicable law;
• Engage in any fraudulent or unlawful activities, including spamming and harassment, in violation of Canada’s Anti-Spam Legislation (CASL);
• Use automated means, such as bots or scrapers, to access or interact with the platform without our prior written consent;
• Attempt to interfere with the platform’s functionality or access restricted areas of the site.

7. Privacy and Data Protection

• We collect, store, and use your data in compliance with Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA). This includes account details, usage data, and any content you upload. Your personal data will not be shared with third parties without your consent, except as required by law. For more details, refer to our Privacy Policy.
• By using our platform, you consent to the collection, use, and sharing of your personal data as outlined in our Privacy Policy. You have the right to request access to or the correction of your personal information at any time.
• In compliance with CASL, we will only send you promotional emails with your explicit consent. You may opt out of such communications at any time by following the instructions provided in each email.

8. Intellectual Property

• All content, logos, trademarks, and other intellectual property on the platform are owned by Fobbiz Inc. or licensed to us. Users may not use, reproduce, or distribute any intellectual property without prior written consent.
• You retain ownership of the content you post but grant us a license to use it as described in Section 4.

9. Limitation of Liability

• Fobbiz Inc. is not liable for any direct, indirect, incidental, or consequential damages arising from user interactions, business transactions, or content posted on the platform. The platform is provided “as is,” and we make no guarantees regarding the accuracy or availability of listings or services offered through the site.

• The platform and all content provided are on an “as-is” and “as-available” basis. We make no warranties regarding the accuracy, reliability, or completeness of content or the availability of the platform.
• In no event shall Fobbiz, its affiliates, or partners be liable for any indirect, incidental, special, or consequential damages arising from your use of the platform, including loss of data, revenue, or profits, even if advised of the possibility of such damages.

10. Indemnification

You agree to indemnify and hold harmless Fobbiz Inc., its affiliates, and partners from any claims, liabilities, damages, and expenses (including legal fees) arising from:

• Your use of the platform;
• Your violation of these Terms of Service or applicable laws;
• Your infringement of any intellectual property or privacy rights of others.

11. Changes to the Terms of Service

We may update these Terms of Service from time to time. Changes will be effective immediately upon posting the revised terms on our website. It is your responsibility to review these terms periodically. Your continued use of the platform after any changes constitutes acceptance of the updated terms.

12. Governing Law

These Terms of Service and any disputes arising from them are governed by the laws of the province of [Your Province] and the federal laws of Canada. You agree to submit to the exclusive jurisdiction of the courts located in Ontario for the resolution of any legal disputes.

13. Contact Information

If you have any questions or concerns about these Terms of Service, please contact us at info@fobbiz.ca. 

14. Dispute Resolution

For disputes related to your use of Fobbiz Inc., you agree to first attempt resolution through good faith negotiations. If unresolved, disputes will be handled through binding arbitration in Ontario in accordance with Canadian arbitration rules, rather than pursuing litigation.