Please read this page carefully before using this website.
Last updated: June 3rd, 2020
The Maritime Broadcasting System Limited. (“MBS Radio”) Self-serve Pay Site is a website maintained by MBS Radio that enables you to process payments for outstanding invoices that are owed to MBS Radio. The following terms and conditions govern the use of the Self-serve Pay Site. By using this site, you are indicating acceptance to be bound by these terms and conditions.
You must use the MBS Radio Self-serve Pay Site in a lawful manner, and must obey all laws, rules, and regulations (“Laws”) that apply to your use of the MBS Radio Self-serve Pay Site.
By using the MBS Radio Self-serve Pay Site you represent and warrant that you are at least 18 years old and that you will not use the MBS Radio Self-serve Pay Site for any fraudulent, unlawful, or abusive purpose.
The MBS Radio Self-serve Pay Site, including all content, software, functions, materials, and information made available on, provided in connection with, or accessible through the MBS Radio Self-serve Pay Site, are provided “as is.” To the fullest extent permissible by law, MBS Radio and its affiliates, and their agents, employees and independent contractors (the “Disclaiming Entities”) make no representation or warranty of any kind whatsoever for the MBS Radio Self-serve Pay Site, including the services, content, materials, information and functions made accessible by the MBS Radio Self-serve Pay Site, or for any breach of security associated with the transmission of sensitive information through the MBS Radio Self-serve Pay Site. Each Disclaiming Entity disclaims without limitation all warranties of any kind with respect to the services, noninfringement, merchantability, or fitness for a particular purpose. The Disclaiming Entities do not warrant that the functions contained in the MBS Radio Self-serve Pay Site will be uninterrupted or error free. The Disclaiming Entities will not be responsible for any service interruptions, including system failures or other interruptions that may affect the receipt, processing, acceptance, completion, or settlement of payment transactions. The Disclaiming Entities are not responsible for the accuracy of any payment instrument, offer, or reward program item information, including whether that information is accurate.
In no event will any Disclaiming Entity be responsible or liable to you or any third party under any circumstances for any indirect, consequential, special, punitive or exemplary damages or losses, including damages for loss of profits, goodwill, use, data, or other intangible losses which may be incurred in connection with any Disclaiming Entity or the use of the MBS Radio Self-serve Pay Site, or any goods, services, or information purchased, received, sold, or paid for by way of the MBS Radio Self-serve Pay Site, regardless of the type of claim or the nature of the cause of action, even if the Disclaiming Entity has been advised of the possibility of such damage or loss. In no event will the Disclaiming Entities’ total cumulative liability arising from or relating to these Terms of Service or the MBS Radio Self-serve Pay Site exceed $10 CAD dollars. Each party acknowledges that the other party has entered into these Terms of Service relying on the limitations of liability stated in this Section and that those limitations are an essential basis of the bargain between the parties. In addition to and without limiting any of the foregoing, no Disclaiming Entity will have any liability for any failure or delay resulting from any condition beyond the reasonable control of that party, including governmental action or acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures and Internet disturbances.
These Terms of Service are concluded in English.
These Terms of Service and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) (a “Dispute”) will be governed by and construed in accordance with the laws of Nova Scotia, Canada.
These Terms of Service apply to you starting on the date you first access or use the MBS Radio Self-serve Pay Site and continue until MBS Radio terminates these Terms or Service, or until you stop using the MBS Radio Self-serve Pay Site. If after stopping, you start to use the MBS Radio Self-serve Pay Site again, you are consenting to these Terms of Service. We may terminate these Terms of Service at any time for any reason by providing you notice. We may suspend your access to the MBS Radio Self-serve Pay Site or immediately terminate these Terms of Service, if (i) you use the MBS Radio Self-serve Pay Site in a prohibited manner or otherwise do not comply with any of the provisions of these Terms of Service; or (ii) any Law requires us to do so, in which case you will no longer be able to access the MBS Radio Self-serve Pay Site.
We have the right to change or add to these Terms of Service at any time, solely with prospective effect, by posting the changes on our website.
By using the MBS Radio Self-serve Pay Site, you agree to the MBS Radio Self-serve Pay Site, which is incorporated into and forms part of these Terms of Service.
MBS Radio’s failure to exercise or enforce any right or provision of the Terms of Service will not be considered a waiver of that right or provision. If any provision of these Terms of Service is found by any court of competent jurisdiction to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service otherwise remain in full force and effect and remain enforceable between the parties. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of the section. These Terms of Service constitutes the entire agreement between you and MBS Radio with respect to your use of the MBS Radio Self-serve Pay Site. These Terms of Service are not intended and will not be construed to create any rights or remedies in any parties other than you and MBS Radio, and no other person will have the ability to assert any rights as a third party beneficiary under these Terms of Service. These Terms of Service do not limit any rights that MBS Radio may have under trade secret, copyright, patent, or other laws.