Terms and Conditions

Acceptance of Terms and Conditions

The Business Link Service Centre (“Business Link”, “we” or “us”) provides certain software, applications, content, resources, products and services, including (without limitation) the Interactive Business Plan Builder, the Resources, the Business Plan Review Service and the Market Research Service (collectively, “Services”) to you through this website and related websites (collectively, “Websites”). Access to and use of the Websites and the Services are provided to you subject to your acceptance of and compliance with the following terms and conditions (the “Terms and Conditions”). By using the Websites, you acknowledge that you have read, understood and agreed to these Terms and Conditions.

Business Link reserves the right to change these Terms and Conditions at any time without prior notice to you, and your continued access or use of the Websites or the Services after such change indicates your acceptance of the Terms and Conditions as modified. It is your responsibility to review these Terms and Conditions regularly.

If you do not agree with one or more of these Terms and Conditions, you are not permitted to access or use the Websites or the Services

Intellectual Property

The Business Link Service Centre, businesslink.ca, Business Link and all other trade names or trademarks of Business Link and related words and logos, whether displayed on the Websites or otherwise, are trade names or trademarks of Business Link in Canada. Nothing in these Terms and Conditions or on the Websites will be construed as granting or conferring, either expressly, by implication, by estoppel or otherwise, a license or other right to you to use any such names or marks or any other intellectual property right of Business Link. The names of third-party companies, products and services referred to on the Websites may be trade names or trademarks of their respective owners. Any unauthorized use of the trade names or trademarks of Business Link or of third parties is strictly prohibited.

The materials provided on the Websites including, without limitation, all portions of the Websites, content, site design, text, graphics and the selection and arrangement thereof, are protected by copyright. All rights thereto are reserved by Business Link. Title to all such materials remains with Business Link and any unauthorized use of such materials is strictly prohibited. Business Link reserves the right to take such steps as it deems necessary, including legal action, to enforce its rights under applicable intellectual property law.

Acceptable Use and Restrictions

In addition to complying with these Terms and Conditions, you agree to use the Websites and the Services for lawful purposes only and in a manner consistent with local, national or international laws and regulations.

You agree not to use the Websites or the Services in any manner that: (i) infringes, violates or misappropriates the intellectual property rights of any third party; or (ii) may be considered defamatory, discriminatory or otherwise malicious or harmful to any person or entity.

If Business Link believes you are using the Websites or the Services illegally or in a manner that violates these Terms and Conditions, Business Link reserves the right to limit, suspend or terminate your access to the Websites or the Services. Business Link also reserve the right to take legal steps to prevent you from accessing the Websites.

Interactive Business Plan Builder

Business Link offers a free tool to users of the Websites called the Interactive Business Plan Builder (the “IBPB”). To access and use the IBPB, you must first complete the registration process to create an account (“Account”) and select and register a unique email and password (collectively, “Credentials”). Your Account and Credentials are specific to you and may not be shared with or transferred to any other person.

You are solely responsible for maintaining the confidentiality of your Credentials and you will be held responsible for any harm caused by disclosing or resulting from any unauthorized use of your Credentials. You will not permit any other person to use your Account or Credentials, and you will immediately notify Business Link if you know or suspect that your Account or Credentials have been used by any other person.

Business Link reserves the right to suspend or terminate your Account and refuse or otherwise restrict any current or future use of the IBPB for any reason whatsoever.

Resources

Business Link offers free resources to users of the Websites, including, without limitation, Small Business Guides, Small Business Basics videos, recorded webinars, Business Fundamentals guides, resources for Indigenous entrepreneurs and resources for immigrant entrepreneurs (collectively, “Resources”). To access and use the Resources, Business Link may require you to submit certain information.

Business Link reserves the right to refuse or otherwise restrict any current or future use of the Resources for any reason whatsoever.

Paid Services

Business Link may from time to time offer certain paid Services on the Websites including, without limitation, Business Plan Review Service and Market Research Service. These Terms and Conditions apply to the purchase or sale of any paid Services and such paid Services will be paid for in full by you when they are ordered.

All information, descriptions, or images that we may provide in connection with the paid Services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images and you agree to purchase, access and use the paid Services at your own risk. Without limiting the generality of the foregoing, all disclaimers, limitations of liability and indemnities contained in these Terms and Conditions apply to the paid Services.

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.

Payments

We accept credit card as a payment method on our Websites. 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.

Refunds

Refunds for paid Services may be available in certain circumstances. For more information, please see our Cancellation and Refund Policy.

Privacy Policy

Your privacy is important to us. Any information that you provide to us through the Websites, including through access or use of the Services, as well as certain other information about you, is subject to Business Link’s Privacy Policy. For more information, please see our Privacy Policy.

Links to Other Websites

The Websites contains links to third party websites or services that Business Link does not own or control. Such links are provided for your convenience only. These links do not imply an endorsement of any linked sites or an affiliation with their owners or operators.

Business Link is not responsible for the content, policies, or practices of any linked Websites. Such content, policies and practices are the sole responsibility of the owner or operator of the linked website. It is your responsibility to read any terms, conditions and policies of any linked websites.

Disclaimers

You understand and agree that:

a) Use of the Websites and the Services is at your sole risk. The Websites and the Services are provided on an “as is”, “as available” basis. Neither Business Link, its affiliates, nor any of their respective employees, agents, officers, directors or third party service providers (collectively, “Business Link Parties”) make any warranty or condition of any kind, whether express or implied, regarding the Websites or the Services and Business Link Parties specifically disclaim the implied warranties and conditions of merchantable quality, fitness for a particular purpose and non-infringement of third party rights, to the maximum extent permitted by law.

b) Business Link Parties make no warranties or conditions regarding the quality, reliability, timeliness or security of the Websites or the Services or that the Websites or the Services will be uninterrupted or error-free. Business Link Parties assume no responsibility or liability for the deletion or failure to store or access, or to store or access properly, email messages and electronic files. You assume the entire risk in downloading or otherwise accessing any data, files or other materials obtained from Business Link or third parties as part of the Services, even if you have paid for virus protection services.

c) The access to and downloading of material from the Websites is done at your own risk. Business Link makes reasonable efforts to ensure that the Websites is virus-free, but Business Link does not at any time guarantee or warrant that such materials are free of viruses, worms, Trojan horses or other destructive code. You are responsible for implementing safeguards to protect your computer system and data and you are responsible for the entire cost of any service, repairs or corrections necessary as a result of the use of the Websites or the Services.

Limitation of Liability

IN NO EVENT WILL BUSINESS LINK PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, COMPENSATORY OR PUNITIVE DAMAGES OR LOSSES OR DAMAGES FOR LOSS OF INCOME, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES OR OTHER PECUNIARY LOSS, ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS, THE USE OF THE WEBSITES OR THE SERVICES. BUSINESS LINK PARTIES WILL NOT BE LIABLE FOR ANY ACTUAL OR ALLEGED INFRINGEMENT BY ANY THIRD-PARTY MATERIALS AVAILABLE THROUGH THE SERVICES. IN NO EVENT WILL THE CUMULATIVE LIABILITY OF BUSINESS LINK PARTIES ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS EXCEED THE AMOUNT PAID BY YOU IN THE ONE MONTH IMMEDIATELY PRIOR TO ANY CLAIM. TO THE EXTENT THAT SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS ON SOME CATEGORIES OF DAMAGES, THESE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

THE FOREGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY APPLY REGARDLESS OF THE CAUSES, CIRCUMSTANCES OR FORM OF ACTION GIVING RISE TO THE LOSS, DAMAGE, CLAIM OR LIABILITY, EVEN IF SUCH LOSS, DAMAGE, CLAIM OR LIABILITY IS BASED UPON BREACH OF CONTRACT (INCLUDING, WITHOUT LIMITATION, A CLAIM OF FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM), TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND EVEN IF ADVISED OF THE POSSIBILITY OF THE LOSS, DAMAGE, DELAY, CLAIM OR LIABILITY.

You acknowledge and agree that these Terms and Conditions present a fair allocation of risk and liability, and that this limitation of liability is an essential part of the bargain between you and Business Link, a controlling factor in setting any fees or other charges, and an inducement to you and Business Link to enter into these Terms and Conditions.

Indemnity

You will defend, indemnify and hold harmless Business Link from and against any and all losses, damages, costs, expenses (including legal fees), claims, complaints, demands, actions, suits, proceedings, obligations and liabilities (including settlement payments) arising from, connected with or relating to your use of the Websites, the Services, or your negligence, misconduct, or breach of these Terms and Conditions. Notwithstanding the foregoing, Business Link retains the right to participate in the defense of and settlement negotiations relating to any third party claim, complaint, demand, action, suit or proceeding with counsel of its own selection at its cost and expense.

General

Anything in the Websites inconsistent with these Terms and Conditions is superseded by these Terms and Conditions. No waiver of any provision of these Terms and Conditions will be deemed a further or continuing waiver of such provision or any other provision in these Terms and Condition. If in any jurisdiction, any provision of these Terms and Conditions is held to be unenforceable by a court of competent jurisdiction, such provision will be restricted or eliminated to the minimum extent necessary, and the remaining provisions will otherwise remain in full force and effect. The headings used in these Terms and Conditions are included for convenience only and will not limit or otherwise affect these Terms and Conditions.

The relationship between you and Business Link will be that of independent contractors, and as between you and the Business Link Parties, neither will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of these Terms and Conditions or use of the Websites.

These Terms and Conditions, the subject matter of these Terms and Conditions and all related matters will be governed by, and construed in accordance with, the laws of the Province of Alberta, Canada and the laws of Canada applicable in Alberta. You submit to the exclusive jurisdiction of the courts of the Province of Alberta.

Contact Details

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

(800) 272-9675
[email protected]
#500-10150-100 Street NW, Edmonton, AB T5J 0P6

You can also contact us through the feedback form available on the Websites.

Effective Date: 31 day of May, 2022