TERMS & CONDITIONS
DISCLAIMERS
PRIVACY POLICY

(Mutual love + respect + online safety…
all wrapped up with a fancy, legal bow)

TERMS & CONDITIONS
DISCLAIMERS
PRIVACY POLICY

(Mutual love + respect + online safety…
all wrapped up with a fancy, legal bow)

To read the whole document, in chronological order (you keener, you!) start right here, and keep scrolling down. We’ll see you at the end with a virtual handshake and celebratory toast (everything is better with a little salute)!

TERMS AND CONDITIONS

BY VISITING WWW.BANYANANDFINCH.COM, YOU CONSENT TO OUR TERMS AND CONDITIONS.

The terms “we,” “us,” and “our” refer to Banyan and Finch Creative Communications. The term, the “Site” refers to www.banyanandfinch.com. The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site. The term, the “Service” refers to our blog, digital and physical products and services for sale or for free and membership sites.

Use of www.banyanandfinch.com, including all materials presented herein and all online services provided by Banyan and Finch Creative Communications, are subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.

USE OF SITE & SERVICE

To access or use the Site, you must be 13 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 13 are prohibited from using the Site. (For more information on the Children’s Online Privacy Protection Act, see our Privacy Policy)

Information provided on the Site and in the Service related to communications and other information are subject to change. Banyan and Finch Creative Communications makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Banyan and Finch Creative Communications disclaims all liability for any inaccuracy, error, or incompleteness in the Content.

ACCOUNT CREATION

In order to use the Service, you may be required to provide information about yourself including your name, email address, a chosen username and password, and other personal information. You agree that any registration information you give to Banyan and FInch Creative Communications will always be accurate, correct, and up to date.

You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.

LAWFUL PURPOSES

You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase the Services through the Site for legitimate, non-commercial purposes only.

You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.

REFUSAL OF SERVICE

The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order of Service is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.

ORDER CONFIRMATION

We will email you to confirm the placement of your order and with details concerning Service delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.

CANCELLATIONS, REFUNDS & RETURNS

All sales (both product and service) are final. We do not accept returns, unless otherwise specified in a particular product or service description.

PRODUCT & SERVICE DESCRIPTION

We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, the Site may not be entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.

YOUR LIMITED LICENSE TO US (MATERIAL SUBMITTED TO THE SITE)

You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively “materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right. The burden of determining that any materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the materials, and that the use or display of the materials will not violate any laws, rules, regulations, or rights of third parties.

INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS

We claim no intellectual property rights over the material you supply to Banyan and Finch Creative Communications. You retain copyright and any other rights you may rightfully hold to any content that you submit through the Site or Service. Content you submit to Banyan and Finch Creative Communications remains yours to the extent that you have any legal claims therein. You agree to hold Banyan and Finch Creative Communications harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting or submitting material on or to the Site, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.

OUR INTELLECTUAL PROPERTY

The Site and Service contain intellectual property owned by Banyan and Finch Creative Communications, including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.

Limitations on Linking and Framing
Establishing a hypertext link to the Site, as long as the link does not state or imply any sponsorship of your site by us or by the Site is permitted. However, you may not, without our prior written consent, frame or inline link any of the content on the Site, or incorporate it into another website, service or any other material, content or intellectual property. You may, if we are properly credited with a link back to the Site, quote material in a reasonable manner, and in a way that in no way represents our material as your own or as an endorsement of any other site by us.

CURRENCY

All sales are billed in USD. As is required, by law, all sales are billed for tax for all residents of Canada. Tax amount is determined by province.

CHANGE OF TERMS

We may, at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.

LIMITATION OF LIABILITY

YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE HELD LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, BANYAN AND FINCH CREATIVE COMMUNICATIONS IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH

  • ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE
  • LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND
  • THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY.

THE FOREGOING APPLIES EVEN IF BANYAN AND FINCH CREATIVE COMMUNICATIONS HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES OR PROVINCES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL BANYAN AND FINCH CREATIVE COMMUNICATIONS’ CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM BANYAN AND FINCH CREATIVE COMMUNICATIONS. IF NO PURCHASE HAS BEEN MADE BY YOU, BANYAN AND FINCH CREATIVE COMMUNICATIONS’ CUMULATIVE LIABILITY SHALL NOT EXCEED $100 USD.

THIRD PARTY RESOURCES

The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Banyan and Finch Creative Communications. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

INDEMNIFICATION

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service.

You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.

EFFECT OF HEADINGS

The subject headings of the paragraphs and subparagraphs of this agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

ENTIRE AGREEMENT; WAIVER

This agreement constitutes the entire agreement between you and Banyan and Finch Creative Communications pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this agreement by Banyan and Finch Creative Communications shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Banyan and Finch Creative Communications.

NOTICES

All notices, requests, demands, and other communications under this agreement shall be in writing and properly addressed as follows:

Banyan and Finch Creative Communications
3321 Derry Road West, Unit #3
PO Box 13564
Mississauga, ON L5N 8G5
CANADA
support(at)banyanandfinch.com

GOVERNING LAW, VENUE & MEDIATION

This agreement shall be construed in accordance with, and governed by, the laws of the province of Ontario as applied to contracts that are executed and performed entirely in Ontario. Banyan and Finch Creative Communications makes no representation that any of its materials are appropriate or available for use outside of Canada. Accessing the Site from outside of Canada deems you responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to your use of this site. You agree to submit to the personal and exclusive jurisdiction of Canada or the provincial courts located within Toronto, Ontario, Canada, for any disputes with Banyan and Finch Creative Communications arising out of your use of the Site.

The exclusive venue for any arbitration or court proceeding based on or arising out of this agreement shall be Mississauga or Toronto, Ontario, Canada. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this agreement by mediation, which shall be conducted under a mutually agreed upon party or any other procedure upon which the parties agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures. The parties will be responsible for compliance with all local laws.

RECOVERY OF LITIGATION EXPENSES

If any legal action, arbitration or other proceeding is brought for the enforcement of this agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

SEVERABILITY

If any term, provision, covenant, or condition of this agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

ASSIGNMENT

These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sub-licenseable, or otherwise transferable by you. Any transfer, assignment, delegation, or sub-license by you is invalid.

Updated: March, 2015

DISCLAIMERS

AFFILIATION DISCLAIMER

Some of the links contained in the Site may be affiliate links. This means that we may receive a commission if you click on the link and make a purchase from the affiliate. Banyan and Finch Creative Communications only recommends products and services that we know or trust to be of high quality, whether an affiliate relationship is in place or not. If an affiliate relationship is in place, we will make such arrangement known in a visible way when recommending any product or service from which we may benefit, monetarily.

EARNINGS DISCLAIMER

No product or service on or offered on the Site promises any guarantee of earnings, revenue, income or profit. We do not guarantee your success, income level, or ability to earn revenue. Any forward-looking statements outlined on our sites or in our marketing or promotions are not guarantees or promises of actual performance. By using this site and becoming an affiliate, you release us from any and all liability, including direct, consequential or indirect damages or claims. No guarantees are made that you will achieve any results from our ideas or models presented on this site. We offer no professional, legal, psychological, medical, or financial advice.

Updated: March, 2015

PRIVACY POLICY

We respect your online privacy and are committed to protecting it. Please read our Privacy Policy carefully.

BY VISITING BANYAN AND FINCH CREATIVE COMMUNICATIONS AT WWW.BANYANANDFINCH.COM, YOU ARE CONSENTING TO OUR PRIVACY POLICY.

This Privacy Policy describes the personal information we collect through www.banyanandfinch.com (the “Site”), and how we collect and use that information.

The terms “we,” “us,” and “our” refers to Banyan and Finch Creative Communications. The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site.

The term “personal information” is defined as information that you voluntarily provide to us that personally identifies you and/or your contact information, such as your name, phone number, and email address. This information is gathered to provide you with blog or newsletter subscriptions, any digital products, membership sites access, services or terms of services to be offered and/or provided.

Use of www.banyanandfinch.com, including all materials presented herein and all online services provided by Banyan and FInch Creative Communications is subject to the following Privacy Policy. This Privacy Policy applies to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to this Privacy Policy, without modification, and acknowledge reading it.

INFORMATION WE COLLECT

This Site only collects the personal information you voluntarily provide to us, which may include your first and/or last name, company name, phone number and email address to subscribe to our newsletter, receive access to information, online communities, products or services.

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, as long as those parties agree to keep this information confidential. In the event that we are required to comply by law, enforce our site policies, or protect ours or others’ rights, property, or safety, we will disclose said information as deemed legally necessary.

Our site may record information relating to your use of the Site, such as the searches you undertake, the pages you view, your browser type, IP address, requested URl, referring URl, and timestamp information. We use this type of information to administer the Site and provide the highest possible level of service to you. We also use this information in the aggregate to perform statistical analyses of user behavior and characteristics in order to measure interest in and use of the various areas of the Site.

COOKIES

We may send cookies to your computer in order to uniquely identify your browser and improve the quality of our service. The term “cookies” refers to small pieces of information that a website sends to your computer’s hard drive while you are viewing the Site. We may use both session cookies (which expire once you close your browser) and persistent cookies (which stay on your computer until you delete them). You have the ability to accept or decline cookies using your web browser settings. If you choose to disable cookies, some areas of the Site may not work properly or at all.

THIRD PARTY LINKS

The Site may contain links to third party websites. except as otherwise discussed in this Privacy Policy, this document only addresses the use and disclosure of information we collect from you on our Site. Other sites accessible through our site via links or otherwise have their own policies in regard to privacy. We are not responsible for the privacy policies or practices of third parties.

SECURITY

We maintain security measures to protect your personal information from unauthorized access, misuse, or disclosure. However, no exchange of data over the Internet can be guaranteed as 100% secure. While we make every effort to protect your personal information shared with us through our Site, you acknowledge that the personal information you voluntarily share with us through this Site could be accessed or tampered with by a third party. You agree that we are not responsible for any intercepted information shared through our Site without our knowledge or permission. Additionally, you release us from any and all claims arising out of or related to the use of such intercepted information in any unauthorized manner.

CHILDREN AND CHILDREN’S ONLINE PRIVACY PROTECTION ACT

Our site is in compliance of COPPA (Children’s Online Privacy Protection Act).

  • We do not knowingly collect any information from anyone under 13 years of age.
  • To access or use the Site, you must be 13 years old or older and have the requisite power and authority to enter into this Privacy Policy.
  • Any products or services offered on the Site are not directed to children 13 years of age or younger.
  • If we become aware that we have inadvertently received personally identifiable information from a user under the age of 13 as part of the Site, we will delete such information from our records immediately.

UPDATING YOUR INFORMATION & OPTING OUT

You may access and correct your personal information and privacy preferences by contacting us via email at support@banyanandfinch.com. If you no longer wish to receive marketing, newsletters or offers from us, you may click the unsubscribe link at the bottom of any of our offers or emails.

CHANGES TO THIS POLICY

You acknowledge and agree that it is your responsibility to review this Site and this Policy periodically and to be aware of any modifications. We will notify you of any changes to this privacy policy by posting those changes on this page.

CONTACT

If you have questions about our any of our terms or policies, please email us at support@banyanandfinch.com

OR contact us by mail:

Banyan and Finch Creative Communications
3321 Derry Road West, Unit #3
PO Box 13564
Mississauga, ON L5N 8G5
CANADA

Updated: March, 2015

Phew! That’s was a mouthful.
Now, back to communicating the fun stuff 😉
(And, as promised, cheers!)

COMMUNICATE. CONNECT. CHANGE THE WORLD.