Terms of Use

1. Ownership of Site; Agreement to Terms of Use

These Terms and Conditions of Use (the "Terms of Use") apply to the Catered Designs website located at https://catereddesigns.ca, and all associated sites linked to catereddesigns.ca by Catered Designs, its subsidiaries and affiliates, including any subdomains or related websites (collectively, the "Site"). The Site is the property of Catered Designs Inc. ("Catered Designs", "we", "us", or "our") and its licensors.

These Terms apply to users located in Canada, the United States, the European Union, the European Economic Area, and other jurisdictions where we provide our services. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

Catered Designs reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Catered Designs grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

These Terms form a legally binding agreement between you and Catered Designs. If you are using our services on behalf of a company or organization, you represent that you have the authority to bind that entity to these Terms.

2. Use of Our Website

2.1 Permitted Use

You may use our Website for lawful purposes only and in accordance with these Terms. You agree to use the Website in a manner that does not violate any applicable laws, regulations, or third-party rights.

2.2 Prohibited Activities

You agree not to:

• Use the Website in any way that violates any applicable law or regulation in your jurisdiction, including but not limited to federal, provincial, state, local, or international laws
• Transmit any malicious code, viruses, or other harmful materials
• Attempt to gain unauthorized access to any portion of the Website or any systems or networks connected to the Website
• Use any robot, spider, scraper, crawler, or other automated means or device to access, monitor, copy, or harvest data from the Website without our express written permission
• Interfere with or disrupt the Website or servers or networks connected to the Website
• Copy, reproduce, republish, upload, post, transmit, or distribute any content from the Website without our prior written consent
• Reverse engineer, decompile, or disassemble any software or technology provided through the Website
• Use the Website to transmit any unsolicited commercial communications
• Impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity

3. Accounts, Passwords and Security

Certain features or services offered on or through the Website may require you to open an account. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential.

You agree to notify Catered Designs immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Catered Designs or any other user of or visitor to the Website due to someone else using your account or password as a result of your failing to keep your account information secure and confidential.

You may not use anyone else's account at any time without the express permission and consent of the holder of that account. Catered Designs cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

You must be of legal age to form a binding contract in your applicable jurisdiction to create an account. By creating an account, you represent and warrant that all information you provide is accurate, current, and complete.

4. Products and Services

4.1 Custom Software and Products

Catered Designs provides custom software development, web applications, mobile applications, and custom product solutions. All custom development work is subject to separate written agreements that will specify project scope, deliverables, timelines, pricing, and other terms specific to your project.

4.2 Consultation Services

Our consultation services are provided on an as-needed basis. Consultation terms, including scope, duration, and fees, will be agreed upon separately and may be documented in a separate service agreement.

4.3 CNC Machine Calibration and Training

Our CNC machine calibration and training services are provided in accordance with separate service agreements that will specify the scope of work, training curriculum, scheduling, and pricing.

4.4 Product Availability

We reserve the right to modify, suspend, or discontinue any product or service offering at any time without prior notice. This right applies to general availability and future offerings only, and does not affect any existing written agreements, contracts, or services for which payment has been received. We do not guarantee that any product or service will be available at all times or in all locations for new customers or new projects.

5. Intellectual Property Rights

5.1 Our Intellectual Property

All content on the Website, including but not limited to text, graphics, logos, images, software, and the compilation of all content, is the property of Catered Designs or its licensors and is protected by Canadian and international copyright, trademark, and other intellectual property laws.

The "Catered Designs" name, logo, and all related names, marks, logos, and designs are trademarks of Catered Designs Inc. You may not use our trademarks without our prior written consent.

5.2 Custom Development Work

Ownership of custom software, products, or other deliverables created specifically for you will be governed by the terms of your specific project agreement. Unless otherwise specified in writing, you will own the custom work product, and Catered Designs retains rights to any pre-existing tools, frameworks, or methodologies used in the development process.

5.3 Your Content

If you submit any content to us (including through our contact forms, email, or other means), you grant us a non-exclusive, royalty-free, perpetual, and worldwide license to use, reproduce, modify, and distribute such content for the purpose of providing our services and improving our products.

6. Payment Terms

Payment terms for our products and services will be specified in separate agreements or invoices. Unless otherwise agreed in writing:

• All prices are in Canadian dollars unless otherwise stated. For international customers, prices may be displayed in other currencies for convenience, but the final amount charged will be converted to Canadian dollars at the time of payment using the then-current exchange rate
• Payment is due according to the terms specified in your project agreement or invoice
• We reserve the right to suspend or terminate services for non-payment
• All fees are non-refundable unless otherwise specified in writing or required by law. If you are located in the European Union, you may have additional rights under applicable consumer protection laws, including the right to withdraw from certain contracts within a specified period

7. Privacy

Your privacy is important to us. Our collection, use, and disclosure of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand how we handle your personal information.

8. Links to Third-Party Websites

Our Website may contain links to third-party websites or services that are not owned or controlled by Catered Designs. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that Catered Designs shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any third-party websites or services.

9. Site Availability

Catered Designs uses reasonable endeavours to ensure that the Site is available 24 hours a day, 7 days a week. However, there will be occasions when the Site will be interrupted for maintenance, upgrades, and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of Catered Designs. Every reasonable step will be taken by us to minimize such disruption where it is within the reasonable control of Catered Designs.

You agree that Catered Designs shall not be responsible or liable to you for the deletion or failure to make available any content and other communications maintained or transmitted through the Site, or any modification, suspension, or discontinuance of the Site. You acknowledge that Catered Designs reserves the right, in its sole discretion, to limit your ability to access and use the Site or any other resources, products, services, or content made available on the Site. Catered Designs reserves the right to terminate, suspend, or limit certain features or functionality of the Site in its sole discretion.

Catered Designs reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend, or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

10. Disclaimers

10.1 Website Content

THE INFORMATION ON THIS WEBSITE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Website will be uninterrupted, secure, or error-free, or that any defects will be corrected. We do not warrant the accuracy, completeness, or usefulness of any information on the Website.

10.2 Products and Services

While we strive to provide high-quality products and services, we do not guarantee that our products or services will meet all of your requirements or expectations. Custom software and products are developed based on specifications agreed upon in project agreements, and we are not responsible for outcomes that result from changes to requirements or specifications made after project commencement.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CATERED DESIGNS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your use or inability to use the Website, products, or services
• Any unauthorized access to or use of our servers or any personal information stored therein
• Any interruption or cessation of transmission to or from the Website
• Any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Website
• Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE WEBSITE, PRODUCTS, OR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED CANADIAN DOLLARS (CAD $100), WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of the above exclusions and limitations may not apply to you. In such cases, our liability will be limited to the fullest extent permitted by applicable law.

12. Indemnification

You agree to defend, indemnify, and hold harmless Catered Designs, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with:

• Your access to or use of the Website, products, or services
• Your violation of these Terms
• Your violation of any third-party right, including without limitation any intellectual property, privacy, or other right
• Any content you submit, post, or transmit through the Website

13. Termination

We reserve the right, in our sole discretion, to suspend or terminate your access to the Website, products, or services at any time, with or without notice, for any reason, including if you breach these Terms.

Upon termination, your right to use the Website, products, or services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive termination, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

14. Violation of These Terms of Use

Catered Designs may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Website, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Catered Designs' rights or property, or the rights or property of visitors to or users of the Website, including Catered Designs' customers.

Catered Designs reserves the right at all times to disclose any information that Catered Designs deems necessary to comply with any applicable law, regulation, legal process or governmental request. Catered Designs also may disclose your information when Catered Designs determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Catered Designs may preserve any transmittal or communication by you with Catered Designs through the Website or any service offered on or through the Website, and may also disclose such data if required to do so by law or Catered Designs determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Catered Designs, its employees, users of or visitors to the Website, and the public.

You agree that Catered Designs may, in its sole discretion and without prior notice, terminate your access to the Website and/or block your future access to the Website if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Website. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Catered Designs, for which monetary damages would be inadequate, and you consent to Catered Designs obtaining any injunctive or equitable relief that Catered Designs deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Catered Designs may have at law or in equity.

You agree that Catered Designs may, in its sole discretion and without prior notice, terminate your access to the Website, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Website or any service offered on or through the Website, or (4) unexpected technical issues or problems.

If Catered Designs does take any legal action against you as a result of your violation of these Terms of Use, Catered Designs will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to Catered Designs. You agree that Catered Designs will not be liable to you or to any third party for termination of your access to the Website as a result of any violation of these Terms of Use.

15. Changes to These Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. If we make material changes to these Terms, we will notify you by posting the new Terms on this page and updating the "Last Updated" date.

Your continued use of the Website, products, or services after any such changes constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop using the Website, products, and services.

16. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada, without regard to its conflict of law provisions.

Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under separate terms and conditions of purchase for goods and services are not subject to this limitation.

In the event of any controversy or dispute between Catered Designs and you arising out of or in connection with your use of the Website, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Jurisdiction for Canadian and United States Users: If you are located in Canada or the United States, you agree to the personal jurisdiction by and venue in the provincial and federal courts in Victoria, British Columbia, and waive any objection to such jurisdiction or venue. Any disputes arising out of or relating to these Terms or the Website, products, or services shall be subject to the exclusive jurisdiction of the courts of British Columbia, Canada.

Jurisdiction for European Union/European Economic Area Users: If you are located in the European Union or European Economic Area, nothing in these Terms affects your rights as a consumer to bring proceedings in the courts of your country of residence. You may bring proceedings in the courts of your country of residence or in the courts of British Columbia, Canada. If Catered Designs brings proceedings against you, we may only do so in the courts of your country of residence.

17. Void Where Prohibited

Catered Designs administers and operates the Website from its location in Victoria, British Columbia, Canada. Although the Website is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Website are available to all persons or in all geographic locations, or appropriate or available for use outside of Canada.

Catered Designs reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Website is void where prohibited. If you choose to access the Website from outside of Canada, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

You may not use or export or re-export any content or any copy or adaptation of such content, or any product or service offered on the Website, in violation of any applicable laws or regulations, including without limitation Canadian export laws and regulations.

18. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.

19. Entire Agreement

These Terms, together with our Privacy Policy and any separate written agreements you may have with Catered Designs regarding specific products or services, constitute the entire agreement between you and Catered Designs concerning the Website, products, and services, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written.

20. Miscellaneous

You may not use or export or re-export any content or any copy or adaptation of such content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation Canadian export laws and regulations.

Catered Designs' failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Catered Designs of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Catered Designs and you or any other party be deemed to modify any provision of these Terms of Use.

Catered Designs may assign any or all of its rights and obligations to others at any time. You may not assign or transfer your rights or obligations under these Terms without Catered Designs' written permission.

These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Catered Designs provides access to international data and, therefore, may contain references or cross references to products, programs, and services that are not announced in your country. Such reference does not imply that Catered Designs in your country intends to announce such products, programs, or services.

21. Feedback and Information

Any feedback you provide at this Website shall be deemed to be non-confidential. Catered Designs shall be free to use such information on an unrestricted basis. By submitting feedback, you grant Catered Designs a non-exclusive, royalty-free, perpetual, and worldwide license to use, reproduce, modify, and distribute such feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

The information contained in this Website is subject to change without notice.

22. Age Requirements

The Website and our services are not intended for individuals under the age of majority in their jurisdiction. By using the Website, you represent and warrant that you are at least the age required to form a binding contract in your jurisdiction:

• Canada: 19 years of age in British Columbia (age of majority), or 18 years of age in other provinces where that is the age of majority
• United States: 18 years of age (or 13 years of age with parental consent under COPPA for certain services)
• European Union/European Economic Area: 16 years of age in most EU countries (or 13 years in some countries), or the age required in your country to provide consent for data processing
• Other jurisdictions: The age of majority or legal age to form a binding contract in your country

If you are under the required age, you must have obtained parental or guardian consent to use the Website. If you are a parent or guardian and believe that your child under the required age has provided us with personal information without your consent, please contact us immediately.

23. Copyright Complaints

Catered Designs respects the intellectual property rights of others. If you believe that any content on the Website infringes your copyright, please provide us with the following information in writing:

• A physical or electronic signature of a person authorized to act on behalf of the copyright owner
• Identification of the copyrighted work claimed to have been infringed
• Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material
• Your contact information, including address, telephone number, and email address
• A statement that you have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner

Please send copyright infringement notices to: privacy@catereddesigns.ca with the subject line "Copyright Infringement Notice".

24. Electronic Communications

When you use the Website or send emails, text messages, or other communications from your computer or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as emails, texts, mobile push notices, or notices and messages on the Website, and you can retain copies of these communications for your records.

You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law.

25. Third-Party Services and Software

The Website may include or provide access to third-party services, software, applications, or content (collectively, "Third-Party Services"). Your use of Third-Party Services is subject to the terms and conditions of the respective third-party providers. Catered Designs does not endorse, warrant, or assume responsibility for any Third-Party Services.

You acknowledge and agree that Catered Designs shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any Third-Party Services. We recommend that you review the terms and conditions and privacy policies of any third-party providers before using their services.

26. Force Majeure

Catered Designs shall not be liable for any failure or delay in performance under these Terms of Use which is due to unforeseen circumstances or causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, network or infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

In the event of any such delay, the time for performance shall be extended for a period equal to the time lost by reason of the delay. If such delay continues for more than thirty (30) days, either party may terminate any affected services upon written notice to the other party.

27. Service-related Communications

To provide you with our services, we may send you service announcements, administrative messages, and other information. These communications may be sent via email, through the Website, or through other means. You may not opt out of receiving service-related communications, as they are necessary for the provision of our services.

We may also send you promotional communications about our products and services. You can opt out of receiving promotional communications at any time by following the unsubscribe instructions in such communications or by contacting us directly.

28. Marketing and Publicity Rights

With your prior written consent, Catered Designs may use your name, logo, and a description of the services we provided to you for marketing and promotional purposes, including but not limited to:

• Including your name and logo on our Website and in marketing materials
• Creating case studies about projects we completed for you
• Using testimonials or quotes you provide about our services
• Referencing our relationship in proposals to other potential clients

You may revoke this consent at any time by providing written notice to Catered Designs. Upon receipt of such notice, we will make reasonable efforts to remove your information from new marketing materials, though we may continue to use materials that were already published or distributed prior to receiving your revocation.

29. Non-solicitation

During the term of any service agreement and for a period of twelve (12) months following the completion or termination of such agreement, you agree not to directly or indirectly solicit, recruit, or hire any employees, contractors, or consultants of Catered Designs who were involved in providing services to you, without the prior written consent of Catered Designs.

This restriction does not apply to: (1) general job postings that are not specifically targeted at Catered Designs personnel, (2) responses to unsolicited applications from Catered Designs personnel, or (3) hiring that occurs more than twelve (12) months after the completion or termination of the service agreement.

If you breach this provision, you agree to pay Catered Designs an amount equal to the annual compensation of the solicited employee, contractor, or consultant, or fifty thousand Canadian dollars (CAD $50,000), whichever is greater, as liquidated damages for the loss of such personnel.

30. Audit Rights

If you are using our services as a business entity or organization, Catered Designs reserves the right, upon reasonable notice and during normal business hours, to audit your use of our services to ensure compliance with these Terms of Use and any applicable service agreements.

Such audits may include, but are not limited to, verifying the number of users, licenses, or subscriptions in use, confirming that services are being used in accordance with the terms of your agreement, and reviewing relevant records and systems. You agree to cooperate with any such audit and provide reasonable access to relevant information and personnel.

If an audit reveals that you are using services in excess of what you are licensed or authorized to use, you agree to immediately pay for such excess use at Catered Designs' then-current rates, and Catered Designs may suspend or terminate your access to the services until such payment is made.

31. Content Removals and Appeals

Catered Designs reserves the right, but not the obligation, to review, edit, refuse to post, or remove any content submitted by users (including testimonials, reviews, comments, or other user-generated content) that we determine, in our sole discretion, violates these Terms of Use, is illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable.

If we remove your content, we will notify you of our decision via the email address associated with your account or the contact information you provided. If you believe that your content was removed in error, you may submit an appeal by contacting us at privacy@catereddesigns.ca with the subject line "Content Removal Appeal" and include:

• Your name and contact information
• A description of the content that was removed
• The reason you believe the removal was in error
• Any supporting documentation or information

We will review your appeal and respond within a reasonable time. Our decision regarding any appeal is final and binding.

32. Contact Us

If you have any questions about these Terms of Use, please contact us:

Catered Designs Inc.
Victoria, BC, Canada
Phone: +1 (250) 800-0760
Email: privacy@catereddesigns.ca
Website: https://catereddesigns.ca