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MSI Drones Inc – webSite User terms and conditions 

 
Effective Date: November 1, 2023

These terms and conditions (the “Terms and Conditions”) govern the use of www.moonscapedrone.ca (the “Site).
This Site is owned and operated by MSI Drones Inc.(the “Provider”). This Site is an ecommerce website.

By using this Site, you (the “Participant” or “You”) indicate that you have read and understand these Terms and Conditions and agree to be bound by and to abide by them at all times. 

 

intellectual property and copyright

All content published and made available on our Site is the property of MSI Drones Inc., and is covered by the provisions of the Copyright Act (Canada) and by other applicable laws, policies, regulations and international agreements that address intellectual property rights. This includes, but is not limited to images, texts, logos, documents, downloadable files, and anything that contributes to the composition of our Site. You may not use or reproduce any of the content of this Site, in any manner, without the express written consent of MSI Drones Inc., and any violation of the copyright or trademark rights of the Site owners shall result in immediate termination of access to the Site.  

Acceptable Use
As a user of our Site, You agree to use our Site legally, and you agree not to use our site for illegal purposes, and not to:
  1. Harass or mistreat other users of our Site;
  2. Violate the rights of other users of our Site;
  3. Violate the intellectual property rights of the Site owners or any third party to the Site;
  4. Hack into the account of another user of the Site;
  5. Act in any way that could be considered fraudulent; or
  6. Post any material that may be deemed inappropriate or offensive.

If we believe that 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
When you create an account on our Site, you agree to the following:
  1. Any passwords and user IDs used are for your individual use only;
  2. You are responsible for the security of your password and user ID (if any), and are responsible for all activities that occur under your ID and password;
  3.  To notify us immediately of any unauthorized use of your password or account or any other breach of security;
  4. The Provider is entitled to monitor passwords and user IDs and, at their discretion, require Participants to change passwords;
  5. That the Provider will not be responsible for the unauthorized use of a Participant’s profile by any other person and are under no obligation to confirm the actual identity of any password or user ID; and
  6. The Provider cannot and will not be liable for any loss or damage arising from a Participant’s failure to comply with these provisions.
Privacy
The Provider agrees to protect all personal information collected from the Participant for the purpose of providing services in accordance with applicable privacy legislation in the Province of British Columbia and if applicable, the jurisdiction of the Participant. The Participant agrees to the collection of use of the personal information in accordance with the Privacy Policy of the Provider for the purpose of delivering and administering services. The full privacy policy of the Provider is available here – https://moonscapedrone.ca/privacy-policy/. In addition to receiving applicable correspondence via e-mail or other electronic communication, the Participant expressly consents to receive any marketing correspondence from the Provider upon registration of an account on the Site. The Participant may unsubscribe from any such marketing lists without affecting access to the Site. 
 
Sale of Goods and Services
These Terms and Conditions govern the sale of goods and services available on our Site:
  1. Services available on our Site include: Flight Reviews, Drone Piloting Services, Photography, Videography, Digital Editing;
  2. The Services will be paid for in full by a deposit to book the service, with balance due when the Service has been completed;
  3. These Terms and Conditions apply to all the goods and services that are displayed on our Site at the time you access it;
  4. All information, descriptions or images that we provide about our goods and services are as accurate as possible, however we are not legally bound by such information, descriptions, or images as we cannot guarantee the satisfaction of all goods and services we provide; and
  5. You agree to purchase goods and services from our Site at your own risk;
  6. We reserve the right to modify, reject or cancel your order whenever it becomes necessary;
  7. If We cancel your order and have already processed your payment, we will give you a refund equal to the amout that you paid for that order; and
  8. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.
Payments
We accept the following payment methods on our Site:
  1. Credit Card;
  2. PayPal; and
  3. Debit
When you provide us with your payment informationj, you authorize our use of and access to the payment instrument that 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 that your payment has violated any law or these Ters and Conditions, we reserve the right to cancel or reverse your transaction.

Refunds
Refund requests must be made within 7 days after receipt of goods.
We accept refund requests for goods or services sold on our Site for any of the following reasons:
  1. The Service cannot be provided or completed within the required timeline due to poor weather conditions; or
  2. The Provider cancels the service for reasons outside of the Participant’s control; or
  3. Flight Reviews cancelled at least 48 hours before the scheduled Flight Review time.

Refunds do not apply to the following goods and services:

  1. Completed Flight Reviews;
  2. Completed Projects;
  3. Services cancelled by the Participant after the scheduled service has been initiated.
Consumer Protection Law
Where the Business Practice and Consumer Protection 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.
 
Limitation of Liability
Subject to applicable law, in no event shall MSI Drones Inc., our directors, officers, partners, consultants, agents, employees, subsidiaries, or affiliates be liable for any actions, claims or damages of any kind including, without limitation, any direct, special, indirect, punitive, incidental or consequential damages including, without limitation, any loss or damages in the nature of or relating to lost business, lost savings, lost data, lost profits or legal fees from your use of our site or reliance upon services provided. 
 
Indemnity
Except where prohibited by law, by using this Site you hereby agree to release the Provider and their partners, employees, consultants, agents, affiliates, subsidiaries and licensors from, and in no event shall any or all of the Providers and their partners, employees, consultants, agents, affiliates, subsidiaries and licensors be liable to you or any other person or entity, for any and all liabilities and damages (including any direct, indirect, special, exemplary or consequential damages, including lost profits) whatsoever arising from your use of the Site (including any breach by you thereof), or otherwise relating to this Agreement and you agree that your sole remedy for any claim, loss, damage, costs or expenses is to cease using the Site. The Participant will indemnify and hold harmless the Provider and their partners, employees, consultants, agents, affiliates, subsidiaries and licensors from and against any claims, losses, judgments, damages, costs and expenses (including without limitation, reasonable legal fees) incurred by any of them due to or resulting from your use of the Site or otherwise relating to this Agreement (including any breach by you thereof). The Participant will also indemnify and hold harmless the Provider and their partners, employees, consultants, agents, affiliates, subsidiaries and licensors from and against any claims brought by third parties arising out of your use of the Site or its content. 
 
governing laws and juristiction

The Site is operated by the Provider within the Province of British Columbia, Canada. By accessing or using the Site, the Participant agrees that all matters relating to your access to, or use of the Site and its content shall be governed by the laws of the Province of British Columbia, and the federal laws of Canada applicable therein, without regard to conflict of laws principles. The Participant agrees and hereby submits and attorns to the exclusive jurisdiction of the courts of the Province of British Columbia, with respect to all matters relating to their access to and use of the Site and services provided. 

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 form the 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.
 
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.
 
Customer Service requests
If you have any questions or comments or need to provide notice of any kind to the Provider regarding the Site including cancellations or refunds of your service fees, please email us at info@moonscapedrone.ca
 
Entire agreement
This is the entire agreement between the Participant and the Provider related to your access and use of the Site and the content therein.