Terms of Use

StockWatch (the “Service”) is operated by 1602414 B.C. LTD. (incorporation number BC1602414), a company incorporated in British Columbia, Canada (“we”, “us” or “our”). By accessing the Service you agree to these Terms of Use (these “Terms”). If you do not agree to them, do not use the Service.

1. Business use only

The Service is supplied business-to-business, for commercial purposes only. It is not offered to consumers and is not intended for personal, family or household use. By accessing the Service you confirm that you are doing so in the course of business, on behalf of an organisation, and not as a consumer.

2. Relationship to your organisation’s agreement

Access is restricted to individuals authorised by a subscribing organisation. If your organisation has signed a subscription agreement with us, that agreement governs the commercial relationship and prevails over these Terms to the extent of any conflict. These Terms bind you personally as a user of the Service, whether or not you signed that agreement.

3. Your account

Keep your credentials secure and do not share your login. You are responsible for all activity under your account. Notify us immediately if you suspect unauthorised access. We may suspend any account at any time where we reasonably believe it is necessary to protect the Service or another user.

4. Acceptable use

You must not:

• copy, republish, resell or distribute any content outside your organisation;
• access the Service by automated means, or scrape or systematically extract its content;
• reverse engineer, decompile, probe or benchmark the Service, or attempt to derive our software, methods or sources;
• use our confidential information to build, or assist any person in building, a competing product or service;
• circumvent or attempt to circumvent any access control, rate limit or security measure; or
• use the Service unlawfully, or in any way that interferes with its operation or another user’s use of it.

5. Ownership

All intellectual property in the Service, including its software, interfaces, reports, data models and underlying methods, is owned by 1602414 B.C. LTD. You receive a limited, revocable, non-transferable right to use the Service while authorised. Nothing transfers ownership to you. If you give us feedback or suggestions, we may use them without restriction, attribution or payment.

6. Sources of information

We compile information from publicly accessible sources, including retailers’ public websites and listings, together with our own market observation. We are not affiliated with the retailers we report on and do not obtain data from them under licence or by arrangement. We determine our sources, methods and collection frequency at our sole discretion, are not obliged to disclose them, and may add, remove or change any of them at any time without notice.

7. Information quality and reliance

Retail pricing, availability and merchandising change continuously. Reports describe conditions observed at the time of collection and are indicative rather than exhaustive. Coverage is not uniform across products, locations or points in time, and information may be incomplete, delayed, superseded or inaccurate.

The Service does not constitute business, commercial, financial, investment, legal or other professional advice, and must not be relied on as the sole basis for any decision.

You acknowledge and accept that you are solely responsible for any decision you make in reliance on the Service, that you will independently verify material information before acting on it, and that you assume the risk of any reliance you choose to place on it.

8. No warranties

To the maximum extent permitted by law, the Service and all reports are provided “as is” and “as available”, with all faults and without warranty of any kind. We expressly disclaim all representations, warranties, conditions and terms, whether express, implied, statutory, collateral or otherwise, including any implied warranty or condition of merchantability, merchantable quality, durability, fitness for a particular purpose, accuracy, completeness, timeliness, title or non-infringement, and any warranty arising from course of dealing or usage of trade.

We do not warrant that the Service will be uninterrupted, secure or error-free, that any defect will be corrected, that any particular coverage level or refresh frequency will be achieved, or that the Service will meet your requirements.

9. Limitation of liability

To the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profit, revenue, business, opportunity, goodwill, anticipated saving or data, however caused and whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if we have been advised of the possibility.

To the maximum extent permitted by law, our total aggregate liability for all claims arising out of or relating to the Service, taken together, will not exceed the greater of (a) the total fees actually paid to us for the Service in the twelve months immediately before the event giving rise to the first such claim, and (b) one hundred Canadian dollars (CAD $100).

These limits apply notwithstanding the failure of the essential purpose of any limited remedy, and reflect a reasonable allocation of risk between commercial parties on which the pricing of the Service is based.

Nothing in these Terms limits liability for fraud, fraudulent misrepresentation, wilful misconduct, or any other liability that cannot be limited or excluded under applicable law.

10. Indemnity

You will indemnify and hold us harmless from all losses, damages, liabilities, costs and expenses (including reasonable legal fees) arising from your breach of these Terms, your misuse of the Service, or your use of any report in violation of these Terms or of applicable law.

11. Time limit on claims

Any claim arising out of or relating to the Service must be commenced within twelve (12) months after the event giving rise to it. A claim not commenced within that period is permanently barred, to the maximum extent permitted by law.

12. Independence

We are an independent business. We are not affiliated with, endorsed by, sponsored by or otherwise associated with any retailer, brand or other organisation referenced in the Service. Third-party names, marks and product imagery are used solely to identify the subject of the reporting and remain the property of their respective owners.

13. Events beyond our control

We are not liable for any delay or failure to perform caused by circumstances beyond our reasonable control, including the loss of, restriction on, or change to any data source, provider, network or third-party service.

14. Suspension and termination

We may suspend or terminate access at any time for breach of these Terms, when a subscription ends, or where we reasonably consider it necessary. Sections 5 and 7 to 17 survive termination.

15. Entire agreement and non-reliance

These Terms, together with any subscription agreement between us and your organisation, are the entire agreement about the Service. You confirm that you have not relied on any statement, representation, assurance or warranty that is not set out in them. Nothing in this section limits liability for fraud.

16. General

If any provision is found unenforceable, it will be modified to the minimum extent needed to make it enforceable, and if that is not possible it will be severed and the rest will continue in force. No failure to enforce a provision is a waiver of it. You may not assign these Terms. No person other than you and us has any right to enforce these Terms. We may update these Terms, and continued use after an update means you accept it.

17. Governing law

These Terms are governed by the laws of British Columbia and the laws of Canada applicable in that province, without regard to conflict of laws rules. The courts of British Columbia have exclusive jurisdiction, and you attorn to that jurisdiction.

18. Contact

Notices and enquiries under these Terms may be sent to 1602414 B.C. LTD. at Alireza.emad@outlook.com.