TERMS AND CONDITIONS

These terms and conditions (the "Terms and Conditions") govern the use of www.billboardhub.ca (the "Site"). This Site is owned and operated by BillboardHub Inc. The services are provided by BillboardHub (“we”, “us”, or “our).

By using our Services, it is presumed that you have read through these Terms and Conditions and failure to do so shall be a complete bar on any and all claims in law or equity that you bring against BillboardHub Inc. for any reason. Your acceptance of these Terms and Conditions (this “Agreement”) is an electronically binding agreement upon you and such acceptance shall have the same legal force and effect as if you had physically signed such Agreement. You agree to the admissibility of computer records and electronic evidence in any dispute under this Agreement. If you do not accept these Terms and Conditions, please do not register for or participate in using the Services offered by and through BillboardHub Inc.

As used in this Agreement, “you” or “User” means both 

(a) the individual now registering as a user of the Services or an existing user of the Services now agreeing to this Agreement, as the case may be, and 

(b) if applicable, the company or other business or governmental entity specified by you upon registration (any such entity, “your Company”). You and your Company, if any, are jointly and severally liable for your obligations under this Agreement.

Our Services are diverse, so sometimes additional terms or product requirements may apply. Some BillboardHub Inc. Services such as Vendor Enrolment and Listing Agreement may have additional or other terms that we provide to you when you use these and other Services. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services. If you do not have the authority to enter into payment agreements on behalf of yourself or your company, do not accept these Terms and Conditions.

Intellectual Property 

All content published and made available on our Site is the property of BillboardHub Inc. and the Site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files, and anything that contributes to the composition of our Site. These terms do not grant you the right to use, remove or alter any branding or logos used in our Services.

Our Services display some content that is not owned by BillboardHub Inc. This content is the sole responsibility of the entity that makes it available. We review content to determine whether it is acceptable, readable, appropriate, or violates our policies, and we may remove or refuse to display content that we reasonably believe is inappropriate or violates our policies or the law. In addition, we will review content restrictions provided by board or media owners. In most cases, where we deny content BillboardHub Inc. alerts the Buyer via email.

You may not use meta tags or other hidden text utilizing BillboardHub Inc. name or trademarks without the express prior written consent of Guillaume Ross, CEO & Founder.

Acceptable Use 

As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to: 

• -  Harass or mistreat other users of our Site; 
• -  Violate the rights of other users of our Site; 
• -  Violate the intellectual property rights of the Site owners or any third party to the Site; 
• -  Hack into the account of another user of the Site; 
• -  Act in any way that could be considered fraudulent; 
• -  Post any material that may be deemed inappropriate or offensive; or 
• -  Vendor pricing wars.

If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site. 

Accounts 

You may need a BillboardHub Account to use some of our Services. You may create your own BillboardHub Account, or your BillboardHub Account may be assigned to you by an administrator, such as your employer or educational institution. If you are using a BillboardHub Account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account.

Both Buyers and Seller require BillboardHub accounts.

By registering for an account or using the Services, you represent that you are at least 18 years of age, and of the age of legal majority in your province or country of residence, if older than 18. If you registered your Company, you represent that you have written or other sufficient corporate authority to form binding contracts under applicable law on behalf of your Company each time that you use the Services.

We reserve the right to reject your user registration by disabling your BillboardHub Account. Even after acceptance, we may terminate or suspend your account and ability to use the Services in our sole discretion, with or without cause and without prior notice to you. If we believe your actions may cause us or other users’ legal liability, harm or loss, we reserve the right to notify other users of your actions.

To protect your BillboardHub Account, keep your password confidential. You are responsible for the activity that happens on or through your BillboardHub Account. Try not to reuse your BillboardHub Account password on third-party applications. If you learn of any unauthorized use of your password or BillboardHub Account please contact us via email marketing@BillboardHub.ca

Should you object to any of the terms of this Agreement or any subsequent modifications thereto or become dissatisfied with the Services in any way, your only recourse is to immediately: 

(1) discontinue use of the Services; 

(2) terminate your account; and 

(3) notify us of termination. You may terminate this Agreement and your account with us only if you do not have active or pending transactions on BillboardHub. 

In addition, your account will be deemed inactive and closed if there is no activity on your account for two years or as determined by BillboardHub Inc. In the event your account is closed or terminated it will be marked inactive in our systems, but we cannot delete your user information or transaction history.

Use of Account

BillboardHub is a venue or third-party partner for Buyers and Sellers that enables automated sales of advertising inventory and provides other services facilitating transactions between both parties. We provide a payment and collection mechanism for the sale of such Services. We make every effort to qualify Users, but we make no representation, and give you no assurance, that:

• The persons using BillboardHub (a) are not misrepresenting their identity, location or authority to enter into contracts, and (b) are of legal age and capacity to enter into contracts.
• A Seller enabling Services or items on BillboardHub will be able to or will complete the sale of the service or item or deliver the item or service to the buyer, or that a Buyer is able to or will complete the purchase of an service or item from a Seller.
• A Seller has truthfully and accurately described an Item placed on the Site.
• Any service or item listed for sale on BillboardHub exists, or is (a) of any particular quality, (b) non-infringing with regard to the intellectual property rights of any person or entity, or (c) that any service or item may be legally sold by the Seller.
• The sale of a service or item complies with any or all applicable legal requirements for the sale of that service or item, including but not limited to statutes, regulations or requirements of any country, province, municipality or other government authority or regulatory entity regarding sales, or the sale of any Services or item(s).

Both Sellers and Buyers represent and warrant that all information given to us (including your name, address and other information associated with your account and all information communicated to other users of BillboardHub or the site, whether in a listing or a posting, is true, accurate, up-to-date and not misleading.

Falsely registering as a Buyer and/or gaining access to, using or sharing information not for these purposes is forbidden and will result in suspension or termination from the BillboardHub system by BillboardHub Inc. Buyers who request and receive planning information, RFI’s or RFP’s and/or place media order or execute media buys do so with the intent to use it solely for their or their clients’ advertising purposes. If approved for access to the planning and buying service, you agree that upon requesting and receiving media proposals that any further communication, negotiation or agreement regarding those proposals obtained through the service will be continued through the BillboardHub system. In the event that agreement to purchase or order the listings in the proposals is reached, you agree to place the order through the BillboardHub system.

We have the right, but not the obligation, to monitor, edit, refuse to post or remove any listing or posting from BillboardHub, at our discretion. Notwithstanding this right, we are not responsible for the content of listings or postings posted by Buyers, Sellers, and Users. Monitoring of postings and listings by us is not intended to verify the accuracy of the information contained therein and should not be relied upon by you for any purpose.

BillboardHub Inc. does not guarantee the price, terms, product, availability or services offered or provided by any third party until it is agreed to electronically. BillboardHub Inc. is not legally responsible for, and does not warrant, represent or guarantee any goods, services, information, or otherwise provided by third parties. If you should have a dispute with a third party, BillboardHub Inc. is in no way legally responsible for any claims in law or equity, demands or actual, consequential, incidental, nominal, special or punitive damages of any type, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with such claim, demand or dispute.

Services

BillboardHub (www.BillboardHub.ca) is an automated on-line selling and buying platform for billboards, and other related products or services.

We provide a variety options and flexibility to advertisers. Advertisers can lease ad space and set up campaigns by creating an account. Instant bookings are available for Advertisers who already have an ad designed.

You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law.

BillboardHub Inc. allows advertisers, media buyers or agencies for themselves or on behalf of their clients or individual users (“Buyers”) to plan and search for inventory or media inventory, build campaigns, obtain pricing information, create and upload artwork, and make payments while accessing inventory from multiple billboard, or owners. 

BillboardHub Inc. allows media, billboard, board owners, other media owners or third parties that have exclusive representation rights (“Sellers”) to list their media and inventory on-line. All Sellers who sell media assets and billboard ad space will be required to register and subscribe to BillboardHub and sign a Vendor Contract to use BillboardHub Services that lists each party’s obligations. BillboardHub may offer additional Services to Buyers and Sellers directly or via third parties that may be subject to additional costs and terms and those additional terms become part of your agreement with us if you use those Services.

Buyers will be responsible for providing certain information required to buy and display advertising using BillboardHub including but not limited to name, address, cell phone, and credit card information. Sellers will be responsible for providing certain information required to list and enable each asset or billboard for BillboardHub Services including but not limited to contact, location, size, pricing, product information, and technical requirements for your billboard or scheduling system.

BillboardHub may provide certain creative services to advertisers and Buyers and help them prepare content for display on Sellers billboards or assets. In certain cases, Sellers will be required to work with BillboardHub to ensure such ads are displayed appropriately. Buyers shall prepare materials in accordance with specifications outlined by BillboardHub.

In addition, Buyers, may communicate with BillboardHub or post information requests, text, graphics, pictures and other content on your BillboardHub account.

Sale of Services 

These Terms and Conditions govern the sale of services available on our Site. 

Users agree to pay applicable fees for using BillboardHub and Services as outlined on the site, or in the Board Owner Enrolment and Listing Agreement - ALL FEES PAID TO US ARE NON-REFUNDABLE. You hereby agree that:

• Payment for Services purchased on the BillboardHub will be immediately charged against and collected from the payment method provided during registration.
• In the event the payment method provided during registration is no longer valid, notice will be provided to you of the same, and you will have 24 hours to provide an updated and/or substitute purchase method.
• A processing fee of $25 will be assessed on all transactions involving an invalid payment method.
• The failure to provide an updated/substitute payment method will result in the transaction being void. Notwithstanding the same, you will continue to be liable for the purchase based on your agreement, and any charges or fees assessed against your account.
• All fees for Services purchased through BillboardHub shall be paid by cheque in advance, ETF direct payment, credit card or as otherwise agreed.

By placing a credit card or ETF direct payment account on file with us you authorize us to charge your card for any fees you accrue as a result of using BillboardHub or Services. You authorize us to consolidate balances from any duplicate accounts you may have created on BillboardHub and bill them to your credit card or ETF direct purchase account. You may revoke your authorization by sending us a written request to BillboardHub Inc. We may continue to bill your credit card or direct purchase account for any fees for any Services rendered or actions by you or by us taken prior to the receipt of your written revocation. Our billings may appear under the name “BillboardHub, LLC” or “Billboardhub.ca.” or other BillboardHub account name.

CANCELLATION: Cancellations must be made in writing to BillboardHub Inc. for all fees, services and before any transaction is completed. Once a transaction is completed no cancellations are accepted. Once a Buyer and Seller accept a package or fixed contract, no cancellations are permitted and both parties will be responsible for honouring the agreed contract including all payments.

These Terms and Conditions apply to all the services that are displayed on our Site at the time you access it. All information, descriptions, or images that we provide about our services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all services we provide. You agree to purchase services from our Site at your own risk. 

We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund. 

Third Party Goods and Services 

Our Site offers goods and services from third parties. We cannot guarantee the quality or accuracy of goods and services made available by third parties on our Site. 

Payments 

We accept the following payment methods on our Site: 

• Select Credit Cards.
• Bank Drafts.
  - list of Stripe payments…

When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument. 

If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction. 

Consumer Protection Law 

Where the Consumer Product Warranty and Liability Act, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply. 

Vendor Services

All Sellers must execute or agree to a Vendor Contract – this agreement provides more details on specific terms, conditions and obligations of Seller and BillboardHub Inc. as well as any fees for facilitating and executing media buys and other processing costs.

Sellers have multiple options available to them via BillboardHub Inc. services. For example, media or board owners can list their billboards or media inventory directly in BillboardHub for a subscription fee, giving them an immediate online presence and exposing these billboard(s) and assets to on-line Buyers. Your subscription automatically renews, and you will be automatically billed until we receive notification that you want to cancel the subscription. To cancel your vendor subscription, please follow these steps: 

To cancel your vendor subscription, log into your account and select "Cancel Subscription" under the account management tab. 

We offer the following free trial of our services: Billboard vendors will receive a 1-year subscription to list their product inventory on the site as an introductory offer. 

At the end of your free trial, the following will occur: You will automatically be billed our monthly subscription rate or provided with a promotional code to continue hosting your products on the site. If you do not want to be billed, you will need to cancel your subscription before your free trial ends. 

To cancel your free trial, please follow these steps: 

To cancel your free trial, log into your account and select "Cancel Subscription" under the account management tab. 

Each Seller will be required to upload or provide certain information about its inventory to list a billboard or an asset and when a buyer is interested in making an online purchase the board owner will be notified by BillboardHub Inc.

Once registered for BillboardHub, Sellers can utilize a range of functionality to manage their BillboardHub inventory availability and pricing by utilizing BillboardHub Services.

You agree that BillboardHub Inc. bears no responsibility for the reporting, payment, collection and remittance of any taxes, transaction taxes, transfer taxes or any other fees or taxes that may be assessed on any sale or transaction conducted through BillboardHub Inc. by any jurisdiction having taxing authority over the sale or transaction. You agree that you are responsible for, and will indemnify us against, any liability for any GSH/HST or similar transaction taxes that is or may be assessed by any jurisdiction. You agree to defend, indemnify, and hold us harmless from and against any and all liabilities, damages and costs that may result from inadequate reporting, purchase, collection or remittance by you of any taxes relating to transactions conducted by BillboardHub Inc.

We may add, delete, or change some or all of our services and fees at any time in our sole discretion, and any such change will take effect without further notice to you. All fees and costs, with the exception of creative services and other charges detailed in the Board Owner Enrolment and Listing Agreement will be available to you via BillboardHub. It is your responsibility to agree to any fees or costs that may be incurred before you engage in a transaction. Unless otherwise stated, all fees are quoted in Canadian dollars. You are responsible for paying all applicable taxes and for any and all costs you incur when you use BillboardHub Services or our site. ANY AND ALL PAYMENTS MADE TO US ARE NON-REFUNDABLE. This rule applies whether or not the Service or item sells.

Limitation of Liability 

BillboardHub Inc. CEO, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities, and expenses including legal fees from your use of the Site. 

If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify BILLBOARDHUB PARTIES from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

Indemnity 

You shall indemnify, defend and hold the BILLBOARDHUB PARTIES harmless from and against any and all claims, losses, damages, liabilities, judgments and fees and expenses related thereto (including, without limitation, reasonable attorneys’ fees), incurred by an BILLBOARDHUB PARTY in connection with any claims arising out of, based upon or resulting from any of the following, whether by you or by a third party using your log-in: (a) any breach or violation of this Agreement, (b) any use of the Service or site, (c) a dispute with another User, (d) any violation of any applicable law or regulation governing Your activities on or off of the BillboardHub or the site, or (e) the infringement of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle or otherwise dispose of any matter without our prior written consent.

Applicable Law 

These Terms and Conditions are governed by the laws of the Province of New Brunswick. 

Dispute Resolution 

Subject to any exceptions specified in these Terms and Conditions, if you and BillboardHub Inc. are unable to resolve any dispute through informal discussion, then you and BillboardHub Inc. agree to submit the issue before a mediator. The decision of the mediator will not be binding. Any mediator must be a neutral party acceptable to both you and BillboardHub Inc.

Notwithstanding any other provision in these Terms and Conditions, you and BillboardHub Inc. agree that you both retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement. 

Severability 

If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid. 

User-Generated Content. 

We are not responsible for user-generated content such as postings, listings, feedback, pictures, etc. You are solely responsible for any information that you post to BillboardHub. If you post information that is libellous, slanderous, violates any law or violates the intellectual property rights of anyone else, you will be solely liable for the consequences. We may take any action, including but not limited to removing the content or suspending or terminating your account, deemed necessary in our sole discretion to protect ourselves if we believe your information may create liability for us or may cause us to lose the services of our ISPs or other suppliers.

Site or Platform Abuse

You are prohibited from violating or attempting to violate the security of BillboardHub Inc. or the BillboardHub site or affiliated sites, or otherwise abusing the site, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to BillboardHub Inc. or the site, overloading, "flooding," "spamming," "mail bombing" or "crashing"; (d) sending unsolicited email, including promotions and/or advertising of products or services via BillboardHub or the site, or obtain other user information from the site in order to do so; (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting; (f) using any device, software or routine to interfere or attempt to interfere with the proper working of BillboardHub or the site or any activity being conducted on BillboardHub or bypass any measures used to restrict access to the site; (g) using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the site other than the search engine and search agents available from BillboardHub on the site and other than generally available to third party web browsers; or (h) collecting information about other users without their consent. Violations of system or network security may result in civil or criminal liability are not responsible for user-generated content such as postings, listings, feedback, pictures,

Scheduled Maintenance/System Downtime

We reserve the hours between 1:00 am and 6:00 am (Atlantic Standard Time) for system maintenance and will provide maintenance at other hours as we deem necessary. This may or may not cause system downtime. In the event certain Services are disrupted ending times may be extended without notice as a result of scheduled or unscheduled downtime, but any such extensions are made in our discretion.

Technical Difficulties

We are not responsible for transactions not being processed or not being accepted due to technical difficulties.

Changes 

These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site. 

Contact Details 

Please contact us if you have any questions or concerns. Our contact details are as follows: 

Guillaume Ross, CEO & Founder
1-506-878-2043
sales@billboardhub.ca
770 Saint George Boulevard, Moncton, NB, E1E 2C6

You can also contact us through the feedback form available on our Site Effective Date: August 15th 2021