PLEASE READ CAREFULLY - THIS DOCUMENT IS A LEGAL AGREEMENT BETWEEN YOU AND US.
We, Us, Our, Null Innovations, Null Innovations Company means Null Innovations Company, a company registered within the Province of British Columbia.
Listed Business means any entity or organization that is listed under Schedule A.
Fraudulent Activity means activity in contravention of Section 280 of the Criminal Code (R.S.C., 1985, c. C-46) and that is for any one or more of the reasons below: a) Goods or services were either not as described or defective, including shipped merchandise was received as damaged or not suitable for its intended purchase AND the merchant didn’t honour the terms and conditions of a contract to a degree of which it may b) Goods or services were not provided c) Counterfeit goods alleged to be authentic were purchased
Counterfeit means that the goods were not produced by an authorized manufacturer of the goods and therefore infringe on intellectual property rights. You, Your, Covered Individual means any individual who have used our services in the regular course of business for the purpose of making a transaction with a Listed Business, for the purpose of making a transaction with a Listed Business.
We, Null Innovations Company, will pay, at Our sole and complete discretion, for up to fifty per cent of the direct losses You incur due to Fraudulent Activity involving a good-faith and legal purchase of merchandise between You and a Listed Business, conducted during the normal course of business (“Loss”), for purchases up to One Thousand Canadian dollars or replacement with a product of like kind and function, selected by Us at our sole and complete discretion.
In the event that We receive five or more claims for any Covered Individual within a period of ten days, We may, at Our discretion limit our total payout to all Covered Individual to Five Thousand Dollars for a period of thirty days.
Making a Claim
To make a claim, you must inform us of your Loss within five days of the discovery of the Fraudulent Activity, and within twenty days of payment. In addition, You must provide sufficient evidence of the Fraudulent Activity, the good-faith nature of your purchase, and existence of the transaction between You and Listed Business to our satisfaction. Before You make a claim, You must make all reasonable, good-faith attempts to recover the funds through any measure necessary.
Unless otherwise noted, all locations shall be in British Columbia, Canada.
Headings Not Part of Agreement
Any headings preceding the text of the several articles hereof, and any table of contents or marginal notes appended to copies hereof, shall be solely for convenience of reference and shall not constitute a part of this Agreement, and they shall not affect its meaning, construction or effect.
ATTENTION: Arbitration Clause Included
All disputes arising out of or in connection with this agreement, or in respect of any legal relationship associated with or derived from this agreement, will be administered by the ADR Institute of British Columbia and be finally resolved by a single arbitrator. The place of arbitration shall be Vancouver, or, if agreed to between the parties, any other location in the province of British Columbia. The language of the arbitration shall be English. The parties agree that they will not appeal any arbitration decision to any court. You are responsible for all fees associated with the arbitration.
This agreement is governed by the laws of the Province of British Columbia, without regard to conflict of laws principles that would require the application of the laws of another jurisdiction. Subject to the dispute resolution provisions of this agreement, the parties irrevocably submit to the exclusive jurisdiction of the courts of the Province of British Columbia.
Schedules and Addendums
All documents linked to from this section shall be interpreted as a part of this agreement.