1. Acceptance of Terms
Welcome to Next Buy Creations Inc. These Terms of Service constitute a legally binding agreement between you, whether personally or on behalf of an entity, and Next Buy Creations Inc., a company headquartered at 3567 Delblush Lane, Victoria - V9C 0S1, Canada (CA). By accessing or using our website located at https://www.nextbuy.lol, or by engaging with any of our computer systems design and related professional services, you agree to be bound by these Terms of Service.
If you do not agree with all of the terms and conditions set forth in this document, you are expressly prohibited from using our website and services and must discontinue use immediately. These Terms of Service apply to all visitors, users, clients, and others who access or use our website or services.
We recommend that you print or save a copy of these Terms of Service for your records. Your continued use of the website and services following the posting of any changes to these terms constitutes acceptance of those changes, as further described in the Changes to Terms section below.
2. Description of Services
Next Buy Creations Inc. provides professional services in the field of computer systems design and related services, including but not limited to systems architecture planning, cloud infrastructure design, data platform engineering, system integration, security engineering, DevOps and automation consulting, and related technical advisory services. We serve businesses and organizations across the Professional, Scientific, and Technical Services sector.
The specific scope, deliverables, timeline, and fees for any professional engagement will be defined in a separate written agreement, statement of work, or service contract executed between Next Buy Creations Inc. and the client. These Terms of Service govern the general use of our website and any communications initiated through it, while the specific terms of individual service engagements will be captured in separate binding agreements.
We reserve the right to modify, suspend, or discontinue any aspect of our website or services, in whole or in part, at any time and without prior notice, although we will make reasonable efforts to notify affected clients of material changes to services currently being delivered under an active engagement.
3. Eligibility
By using our website and services, you represent and warrant that you are at least eighteen years of age or the age of majority in your jurisdiction, whichever is higher. Our website and services are intended for use only by individuals and entities that can form legally binding contracts under applicable law.
If you are using the website or services on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms of Service. In such cases, references to you and your in these terms refer to both you as an individual and the entity you represent.
We do not knowingly provide services to individuals or entities that are subject to economic sanctions, trade embargoes, or other legal restrictions imposed by Canada, the United States, or other applicable jurisdictions. By using our website or services, you confirm that you are not located in a sanctioned jurisdiction and are not listed on any prohibited-party screening list maintained by a relevant government authority.
4. User Obligations
As a user of our website and services, you agree to comply with the following obligations. Failure to adhere to these obligations may result in the suspension or termination of your access to our website and services.
Accurate Information. You agree to provide true, accurate, current, and complete information when using our contact forms, subscribing to communications, or otherwise interacting with us. You are responsible for promptly updating any information that becomes outdated or inaccurate to ensure that our communications and services are delivered correctly.
Lawful Use. You agree to use our website and services only for lawful purposes and in compliance with all applicable federal, provincial, state, and local laws, regulations, and ordinances. You may not use our website or services in any manner that could damage, disable, overburden, or impair our systems or interfere with the use or enjoyment of our website by other visitors.
Account Security. If you are provided with or create any account credentials, passwords, or access tokens for our systems, you are responsible for maintaining the confidentiality of those credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your credentials or any other breach of security.
Cooperation. You agree to cooperate with our reasonable requests for information or action that are necessary for us to provide our services, investigate potential violations of these Terms, or comply with legal obligations.
5. Intellectual Property Rights
Our Intellectual Property. All content, materials, features, and functionality available on or through our website, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software code, design elements, and the overall look and feel of the site, are owned by Next Buy Creations Inc., its licensors, or other providers and are protected by Canadian and international copyright, trademark, patent, trade secret, and other intellectual property laws.
The Next Buy Creations Inc. name, the Next Buy name, our logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Next Buy Creations Inc. or its affiliates. You may not use such marks without the prior written permission of Next Buy Creations Inc. All other names, logos, product and service names, designs, and slogans on our website are the trademarks of their respective owners.
Limited License. Subject to your compliance with these Terms of Service, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and view the content on our website for your personal, non-commercial use or for the purpose of evaluating our services. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our website without our express prior written consent, except as incidental to normal web browsing.
Deliverables. The intellectual property rights in any custom designs, architectures, software, documentation, or other work products created specifically for a client engagement will be addressed in the governing service agreement or statement of work. Unless otherwise specified in a written agreement, we retain ownership of all pre-existing tools, methodologies, frameworks, and know-how used in connection with our services.
6. User Content
Our website may allow you to submit content such as contact form submissions, email messages, feedback, suggestions, comments, and other communications. You retain ownership of any content that you submit to us, but by submitting such content, you grant Next Buy Creations Inc. a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, and distribute such content in connection with operating and improving our services, subject to the terms of our Privacy Policy.
You represent and warrant that any content you submit to us does not violate the rights of any third party, including intellectual property rights, privacy rights, or publicity rights, and that you have all necessary permissions and authorizations to provide the content to us. You are solely responsible for the content you submit and for any consequences arising from that submission.
We reserve the right, but have no obligation, to monitor, review, filter, or remove any user content at our sole discretion, including content that we determine violates these Terms of Service, is offensive, or could create liability for Next Buy Creations Inc.
7. Prohibited Conduct
When using our website and services, you agree not to engage in any of the following prohibited activities. This list is illustrative and not exhaustive of all prohibited conduct.
Illegal Activities. Using our website or services for any unlawful purpose or in furtherance of illegal activities, including but not limited to fraud, identity theft, or the distribution of malware or malicious code.
Interference. Interfering with, disrupting, or attempting to gain unauthorized access to our servers, networks, or systems, including through the use of viruses, bots, worms, Trojan horses, denial-of-service attacks, or any other method designed to impair the operation or security of our website or services.
Scraping and Automated Access. Using any robot, spider, scraper, crawler, or other automated means to access our website or extract data from it without our express prior written permission. This prohibition includes the use of automated tools to submit contact forms, harvest email addresses, or collect any information from our website for any purpose.
Misrepresentation. Impersonating any person or entity, falsely stating or misrepresenting your affiliation with a person or entity, or otherwise attempting to mislead others regarding the source or origin of any communication or content.
Overloading. Engaging in any activity that places an unreasonable or disproportionately large load on our infrastructure or that may cause performance degradation for other users of our website.
Circumvention. Attempting to bypass, circumvent, or disable any security or access control measures we have implemented on our website or systems.
8. Third-Party Links and Services
Our website may contain links to third-party websites, services, or resources that are not owned or controlled by Next Buy Creations Inc. These links are provided for your convenience and reference only. We do not endorse, and we are not responsible for, the content, products, services, or practices of any third-party website or resource.
You acknowledge and agree that Next Buy Creations Inc. shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any third-party website or resource. We encourage you to review the terms of service and privacy policies of any third-party website you visit.
Any interactions, transactions, or disputes you have with third parties found through links on our website are solely between you and the third party. We are not a party to such interactions and have no obligation to become involved in any resulting disputes.
9. Disclaimer of Warranties
The website and our services are provided on an as is and as available basis, without any warranties of any kind, either express or implied. To the fullest extent permitted by applicable law, Next Buy Creations Inc. expressly disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
We do not warrant that our website will be available at all times, operate without interruption, be free from errors or defects, or that any defects will be corrected. We do not warrant that the website, its servers, or any communications sent from us are free of viruses, malware, or other harmful components. We do not make any warranties regarding the accuracy, completeness, reliability, or timeliness of any content, information, or materials provided on or through our website.
No advice, information, or communication provided by Next Buy Creations Inc. or our representatives, whether oral or written, shall create any warranty not expressly stated in these Terms of Service. Any reliance you place on the content of our website or on information provided through our services is strictly at your own risk.
10. Limitation of Liability
To the fullest extent permitted by applicable law, Next Buy Creations Inc., its directors, officers, employees, agents, affiliates, and subcontractors shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages of any kind, including but not limited to loss of profits, loss of revenue, loss of data, loss of goodwill, business interruption, or damages resulting from the use of or inability to use our website or services, regardless of the theory of liability, whether in contract, tort, negligence, strict liability, or otherwise, even if we have been advised of the possibility of such damages.
To the maximum extent permitted by law, the aggregate liability of Next Buy Creations Inc. for any claims arising out of or relating to these Terms of Service or your use of the website and services, whether in contract, tort, or otherwise, shall not exceed the greater of one hundred Canadian dollars (CAD $100) or the total amount paid by you to us, if any, for the specific service giving rise to the claim during the twelve-month period preceding the event giving rise to the liability.
Some jurisdictions do not allow the exclusion or limitation of certain warranties or the limitation of liability for incidental or consequential damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law, and the exclusions and limitations set forth in these Terms of Service shall apply to the extent enforceable under applicable law.
11. Indemnification
You agree to defend, indemnify, and hold harmless Next Buy Creations Inc., its directors, officers, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses, including reasonable legal and accounting fees, arising out of or in connection with your violation of these Terms of Service, your use of the website or services in a manner not authorized by these terms, your violation of any third-party rights including intellectual property rights or privacy rights, or your violation of any applicable law, rule, or regulation.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate fully with us in asserting any available defenses. You shall not settle any indemnified claim without our prior written consent if the settlement imposes any obligation on us or requires any admission of liability on our part.
12. Termination
We reserve the right to suspend or terminate your access to our website and services, in whole or in part, at any time and for any reason, including but not limited to your violation of these Terms of Service. Such suspension or termination may occur without prior notice, although we will make reasonable efforts to notify you of the action if feasible and appropriate under the circumstances.
Upon termination of your access, your right to use the website and services will immediately cease. Termination does not relieve you of any obligations or liabilities that accrued before the effective date of termination. The provisions of these Terms of Service that by their nature should survive termination, including but not limited to the provisions on intellectual property rights, disclaimer of warranties, limitation of liability, indemnification, governing law, and dispute resolution, shall continue to apply.
If your access is terminated by us due to a violation of these Terms, you may not re-register or create a new account without our express written permission. We reserve the right to take appropriate legal action, including reporting violations to law enforcement authorities, for any illegal or unauthorized use of our website or services.
13. Governing Law
These Terms of Service and any disputes arising out of or relating to them shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without giving effect to any conflict of laws principles that would result in the application of the laws of another jurisdiction.
The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms of Service. You agree that any legal action or proceeding relating to these Terms of Service shall be brought exclusively in the courts of competent jurisdiction located in Victoria, British Columbia, Canada, and you irrevocably consent to the personal jurisdiction of those courts.
Notwithstanding the foregoing, nothing in these Terms of Service shall prevent Next Buy Creations Inc. from seeking injunctive or other equitable relief in any court of competent jurisdiction to protect our intellectual property rights, confidential information, or other legitimate business interests.
14. Dispute Resolution
We are committed to resolving disputes in a fair, efficient, and cost-effective manner. If you have a concern or dispute relating to our website or services, we encourage you to contact us first at talk@nextbuy.lol to attempt to resolve the matter informally through good-faith negotiations.
Informal Resolution. Before initiating any formal legal proceedings, you agree to provide us with written notice of your claim at the contact address listed below and to allow us a period of sixty days from the date of receipt to resolve the dispute informally. The notice must include your name, contact information, a description of the nature and basis of your claim, and the specific relief sought.
Mediation. If the dispute is not resolved through informal negotiations within the sixty-day period, the parties shall attempt to resolve the dispute through mediation administered by a mutually agreed mediator in Victoria, British Columbia. The costs of mediation shall be shared equally by the parties unless otherwise agreed in writing.
Arbitration or Litigation. If mediation does not resolve the dispute within a further thirty days, either party may pursue available legal remedies, including arbitration under the rules of the British Columbia International Commercial Arbitration Centre or litigation in the courts specified in the Governing Law section above. The prevailing party in any arbitration or litigation shall be entitled to recover its reasonable legal fees and costs from the non-prevailing party.
Class Action Waiver. To the maximum extent permitted by applicable law, you agree that any dispute resolution proceedings shall be conducted on an individual basis only and not as a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration against Next Buy Creations Inc.
15. Changes to Terms
We reserve the right to modify, amend, or replace these Terms of Service at any time at our sole discretion. When we make changes, we will update the Last Updated date at the top of this page and post the revised terms on our website. Material changes may be accompanied by additional notices such as a banner on our website homepage or an email notification to registered users.
Your continued use of our website and services after any modifications to these Terms of Service constitutes your acceptance of the revised terms. If you do not agree with the updated terms, you must discontinue use of our website and services immediately. You are responsible for reviewing these Terms of Service periodically to stay informed of any changes.
If you have an active service agreement with us, changes to these Terms of Service shall not alter the specific terms of that agreement unless expressly agreed to in writing by both parties. In the event of any conflict between these general Terms of Service and a specific written service agreement, the terms of the service agreement shall govern.
16. Contact Information
Questions, comments, or concerns regarding these Terms of Service are welcome and should be directed to us using the contact information below. We will make every effort to respond to your inquiry within two business days.
Next Buy Creations Inc.
3567 Delblush Lane
Victoria - V9C 0S1
Canada (CA)
Email: talk@nextbuy.lol
Phone: +12723166799
Website: https://www.nextbuy.lol
For legal notices, service of process, or other formal correspondence, please use the physical mailing address listed above and clearly mark the correspondence for the attention of the Legal Department. Email communications should include the phrase Legal Notice in the subject line to ensure prompt routing to the appropriate team.