TERMS AND CONDITIONS OF

Henry’s Ventures Inc. www.prizmcare.com

Last revision: March 9th, 2021

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.

The following terms and conditions (“Terms and Conditions”) govern and apply to your use of or reliance upon www.prizmcare.com (the 'Website') maintained by Henry’s Ventures Inc. (“HVI”, “we”, “us” or “ours”).

Your access or use of the Website indicates that you have read, understand and agree to be bound by these Terms and Conditions and any other applicable laws, statutes and/or regulations. We may change these Terms and Conditions at any time without notice, effective upon their posting to the Website. Your continued use of the Website will be considered your acceptance to the revised Terms and Conditions.

1. AGE RESTRICTION

You must be at least eighteen (18) years of age to use this Website or any services contained herein. Your access or use of this Website indicates your representation that you are at least eighteen (18) years of age. We assume no responsibility or liability for any misrepresentation of your age.

2. INTELLECTUAL PROPERTY

All intellectual property on the Website is owned by HVI or our licencors, which includes materials protected by copyright, trademark, and/or patent laws. All trademarks, service marks and trade names are owned, registered and/or licensed by HVI. All content on the Website, including but not limited to text, software, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content is a collective work under Canadian and other copyright laws and is the proprietary property of HVI; and/or Henry’s Enterprises Inc. all rights reserved

3. USE OF HVI MATERIALS

We may provide you with certain information as a result of your use of the Website including, but not limited to, documentation, data, or information developed by us, and other materials which may assist in the use of the Website or Services (collectively, the 'Company Materials' ). The Company Materials may not be used for any other purpose than the use of this Website and the Services offered on the Website. Nothing in these Terms and Conditions may be interpreted as granting any licence of intellectual property rights to you.

4. ACCOUNT AND ACCOUNT USE

If your use of the Website requires an account identifying you as a user of the Website (an 'Account'):

  • (a) you are solely responsible for your Account and the maintenance, confidentiality and security of your Account and all passwords related to your Account, and any and all activities that occur under your Account, including all activities of any persons who gain access to your Account with or without your permission;

  • (b) you agree to immediately notify us of any unauthorized use of your Account, any service provided through your Account or any password related to your Account, or any other breach of security with respect to your Account or any service provided through it, and you agree to provide assistance to us, as requested, to stop or remedy any breach of security related to your Account, and

  • (c) you agree to provide true, current, accurate and complete customer information as requested by us from time to time and you agree to promptly notify us of any changes to this information as required to keep such information held by us current, complete and accurate.

5. PAYMENT

When you make a purchase on the Website, you agree to provide a valid instrument to make a payment. Pay attention to the details of the transaction, as your total price may include taxes, fees, and shipping costs, all of which you are responsible for.

When you provide a payment instrument to us, you confirm that you are permitted to use that payment instrument. When you make a payment, you authorize us (and our designated payment processor) to charge the full amount of the payment instrument you designate for the transaction. You also authorize us to collect and store that funding instrument, along with other related transaction information through our payment processor who maintains PCI compliance.

If you pay by credit or debit card, we may obtain a pre-approval from the issuer of the card for an amount as high as the full price. If you cancel a transaction before completion, this pre-approval may result in those funds not otherwise being immediately available to you.

We may cancel any transaction if we believe the transaction violates these Terms and Conditions, or if we believe in doing so may prevent financial loss.

In order to prevent financial loss to you or to us, we may contact your funding instrument issuer, law enforcement, or affected third parties (including other users) and share details of any payments you are associated with, if we believe doing so may prevent financial loss or a violation of law.

By entering a credit card number, you agree that Prizmcare may store your payment information. After your one (1) 14 day free trial expires, you expressly authorize us to charge you, where applicable: (1) subscription fees, to be billed during the subscription period (ii) other fees for services purchased, and (iii) taxes connected to your use of the service.

6. SALE OF PROTECTION PLANS AND OTHER GOODS AND SERVICES

  • (a) The Website offers four (4) types of protection plans (“Protection Plans”) for your Gear (defined below): (i) starter, (ii) essential, (iii) creative, and (iv) premium (collectively, the “Services”). THE PROTECTION PLANS AND SERVICES OFFERED THROUGH THE WEBSITE ARE SUBJECT TO THESE TERMS AND CONDITIONS. Once your user account has been created, you may apply to use the Services, subject to HVI’s’ discretionary approval of your application and any additional terms and conditions as applicable depending on the nature of the Services requested.

  • (b) If your device has malfunctioned by an issue listed under the terms of your purchased protection plan (www.prizmcare.com/plans), you must submit a claim using your account on the Website (after logging into your profile) and then send us the device at [ 350 Creditstone Road Concord Ontario Canada attn: PrizmCare] for repair or replacement.

  • (c) Users who use the Services agree that (i) transactions contemplated by use of the Service will be conducted electronically over the Internet, and that (ii) statements, disclosures and other communications regarding such transactions will be communicated electronically over the Internet as described in accordance with these Terms and Conditions; save where specifically otherwise required to be communicated by applicable law.

  • (d) HVI will only authorize transfers of funds to authorized deposit accounts with Canadian financial institutions held in your name. The deposit account indicated in your User account registration form on the Website will be set as your authorized deposit account by default. It is your responsibility to ensure this deposit account remains operational and you must immediately inform us of any changes to your deposit account.

  • (e) In addition to the foregoing, we may sell goods or other services, or allow third parties to sell goods or other services, on the Website. We undertake to be as accurate as possible with all information regarding the goods and services, including product descriptions and images. However, we do not guarantee the accuracy or reliability of any product information and you acknowledge and agree that you purchase such products and/or other services at your own risk.

  • (f) Users who use the Website and the Services offered thereunder, by use of the Website, acknowledge and agree that:

    • a. Product coverage offered under the Services (“Coverage”) on camera and related gear (“Gear”) is related to Gear failure and/or manufacturer defects only and not from physical damage or damage due to the negligence of the User.

    • b. Coverage amounts are for Gear that is selected under a specific Protection Plan only. If you have more Gear than the amount covers under the Coverage for a specific Protection Plan, then the Coverage is for only the Gear that was selected to be covered under that specific Protection Plan.

    • c. The total amount of Coverage is solely dependent on the Protection Plan you choose; however, the Gear value is determined by HVI and is based on retail values from the manufacturer’s suggested retail price.

    • d. HVI, in its sole discretion, has the right to choose to repair or replace your Gear that is covered under a specific Protection Plan depending on the damage to the Gear and what the condition and age of the Gear is that is delivered to HVI. Gear replacement can be used Gear if it, in HVI sole discretion, is a suitable comparable replacement to your Gear that was delivered to HVI.

    • e. Repair discounts on Gear that is not covered by your specific Protection Plan or is caused by your, the User’s, negligence is dependent on the terms of the specific Protection Plan you choose. Repair discounts are based on HVI’s current repair pricing for repairs and is applied if the Gear is repaired through the Website.

    • f. Monthly gift codes for photo printing under the Website is solely dependent upon the Protection Plan selected by you and are only usable in the month they were issued by HVI. Codes are to be used on henrysphotocentre.com only.

    • g. Discounting on “Cameron product” purchases are solely dependent on the Protection Plan you choose and can only be redeemed at henrys.com.

    • h. Gear that is covered under a specific Protection Plan must be in good functioning working order before applying for Coverage.

    • i. Gear is covered on the selected Protection Plan only if payments are up to date and valid.

    • j. HVI has the right to refuse any customers, in their sole discretion.

7. AFFILIATE MARKETING & ADVERTISING

We, through the Website and its Services, may engage in affiliate marketing whereby we receive a commission on or percentage of the sale of goods or services on or through the Website. We may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation.

8. ACCEPTABLE USE

You agree not to use the Website for any unlawful purpose, or any purpose prohibited under this Section 8. You agree not to use the Website in any way that could damage the Website, the Services or the general business of HVI.

You further agree not to use and/or access the Website:

  • a) to harass, abuse, or threaten others or otherwise violate any person's legal rights;

  • b) to violate any intellectual property rights of us or any third party;

  • c) to upload or otherwise disseminate any computer viruses or other software that may damage the property of another;

  • d) to perpetrate any fraud; and/or

  • e) To unlawfully gather information about others.

9. PROTECTION OF PRIVACY

Through your use of the Website, you may provide us with certain information. By using the Website, you authorize us to use your information within Canada and within any other country where We may operate.

When you register for an account, you provide us with a valid email address and may provide us with additional information, such as your name and/or billing information. Depending on how you use our Website, we may also receive information from external applications you use to access our Website, or we may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others.

We use the information gathered from you to ensure your continued good experience on our website, including through email communication. We may also track certain of the passive information received to improve our marketing and analytics, and for this, we may work with third-party providers. We will adhere to CASL compliance and regulations.

If you would like to disable our access to any passive information we receive from the use of various technologies, you may choose to disable cookies in your web browser. Please be aware that we will still receive information about you that you have provided, such as your email address.

If you choose to terminate your account, we will store information about you 7 (seven) years. After that time, all information about you will be deleted.

10. REVERSE ENGINEERING & SECURITY

In connection with your use of this Website, you may not undertake any of the following actions:

a) reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website; and/or

b) violate the security of the Website through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.

11. DATA LOSS

We are not responsible for the security of your Account. Your use of the Website is at your own risk.

12. INDEMNIFICATION

In connection with your use of this Website, you agree to indemnify and save harmless HVI and any of its affiliates against any and all legal claims and demands, including reasonable lawyer’s fees, which may arise from or relate to your use or misuse of the Website, your breach of these Terms and Conditions, and/or your conduct or actions. We will select our own legal counsel and may participate in our own defense, if we wish to so.

13. SPAM POLICY

You are strictly prohibited from using the Website or any of our services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.

14. THIRD-PARTY LINKS & CONTENT

We may occasionally post links to third party websites or other services. We are not responsible or liable for any loss or damage caused as a result of your use of any third party services linked to from our Website.

15. VARIATION

To the extent any part or sub-part of these Terms and Conditions is held ineffective or invalid by any court of law, the prior effective version of these Terms and Conditions shall be considered enforceable and valid to the fullest extent possible.

16. SERVICE INTERRUPTIONS

We may need to interrupt your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that the we will have no liability for any damage or loss caused as a result of such downtime.

17. TERMINATION OF ACCOUNT

We may, in our sole discretion, suspend, restrict or terminate your Account and your use of the Website, effective at any time, without notice to you, for any reason, including (i) because the operation or efficiency of the Website or our or any third party's equipment or network is impaired by your use of the Website, (ii) any amount owing by you is past due from, (iii) we have received a third party complaint which relates to your use or misuse of the Website, or (iv) you have been or are in breach of any term or condition of these Terms and Conditions. We will have no responsibility to notify any third party, including any third party providers of services, merchandise or information, of any suspension, restriction or termination of your access to the Website.

18. NO WARRANTIES

Your use of the Website is at your sole and exclusive risk and any Services provided by us are on an 'as is' basis. We disclaim any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Website will meet your needs or that the Website will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. Any damage that may occur to you, through your computer system, or as a result of loss of your data from your use of the Website is your sole responsibility and we are not liable for any such damage or loss.

19. PRIVACY

In addition to these Terms and Conditions, this Website has a Privacy Policy that describes how your personal data is collected and how cookies are used on the Website. For more information, you may refer to our Privacy Policy, available on the following website: www.prizmcare.com/privacy-policy.

By using or browsing this Website, you also acknowledge that you have read our Privacy Policy.

20. LIMITATION ON LIABILITY

To the fullest extent permitted by law, we are not liable for any damages that may occur to you as a result of your use of the Website. The maximum liability of HVI arising from your use of the Website is limited to the greater of one hundred ($100) Canadian Dollars and the amount you paid to HVI during the last six (6) months. This limitation of liability applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.

21. APPLICABLE LAWS AND DISPUTE RESOLUTION

These Terms and Condition (including the Privacy Policy) are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, and you and HVI both irrevocably attorn to the jurisdiction of the courts of the Province of Ontario.

22. ENTIRE AGREEMENT

These Terms and Conditions (including the Privacy Policy) supersede any other agreement, written or oral, that may exist between you and HVI regarding your access to and use of the Website.

23. CONTACT US

If you have any questions, comments, complaints or concerns regarding these Terms and Conditions, we invite you to communicate with us using the contact details available at www.prizmcare.com/contact-us.