Terms and Conditions
Bynamic Group Inc. Terms and Conditions
Last revised: April 25, 2024
By clicking the agreement and acknowledgment box to accept these terms and conditions (“Terms“)
or by using any of Bynamic Group Inc.’s website, services, products, applications, platform and
content (together, the “Services”), you confirm that you accept these Terms and agree that they will
apply to your use of the Services. Please read these terms carefully before accessing or using the
Services.
1. These Terms govern the access or use by you or the entities that you represent of Services
made available by Bynamic (“Bynamic” and also referred to “us”, “we” and “our”).
Supplemental terms may apply to certain Services. Any supplemental terms, including
Bynamic’s Privacy Policy, are in addition to, and shall be deemed a part of, the Terms for the
purposes of the applicable Services. Bynamic may amend the Terms, or any supplemental
terms or policies related to the Services from time to time. Your continued access or use of
the Services after Bynamic posts such updated terms, constitutes your acceptance of the
changes and consent to be bound by the Terms, policies and supplemental terms, as
amended. If you do not agree to the amended Terms, policies or supplemental terms, you
must stop accessing and using the Services. You confirm that you are the age of majority in
the place where you live and are capable of entering into a legally binding agreement to use
our Services, and that you have read, understand and agree to these Terms. These Terms
shall be binding on any corporate entities that you form through your use of the Services.
2. Bynamic offers consulting, advisory, sales and marketing Services related to projects which
have, had or will generate and accrue potential greenhouse gas reduction, sequestration
and/or emission offset credits, among other Services which Bynamic may offer from time to
time. Some of the Services may be provided by us or in conjunction with third party service
providers. The Services may not be accessible at all times. In addition, functionality, features,
content or information incidental to the Services may change, and may not always be
available. The Services may be made available or accessed in connection with third-party
service providers that Bynamic does not control. You acknowledge that different terms and
conditions and privacy policies may apply to your use of such third-party service providers.
Bynamic does not endorse such third-party services, and in no event shall Bynamic be
responsible or liable for any products or services of such third-party providers.
3. In order to use our Services, you may be requested to provide information to set up a
customer account. You agree to provide accurate, complete, and up-to-date information for
your account. Where the information you provide comprises personal information about you
or another party, you represent and warrant that you have obtained the consent of all of the
applicable individuals to share that information as part of your use of the Services.
4. Without prior notice and for any reason, we can suspend or terminate your use of the
Services, and/or terminate part or all of these Terms for the following reasons: (i) any actual
or intended violation of these Terms, including your failure to pay fees owing to Bynamic; or
(ii) any unlawful behaviour related to the use of the Services. Except where we agree
otherwise under a separate executed written instrument, we may also suspend or terminate
your access to the Services, and/or terminate part or all of these Terms for convenience
upon notice to you, and we will not be responsible for any loss or inconvenience that may
result from such suspension or termination.
5. Bynamic does not provide any legal, investment, accounting or other professional advice or
opinions as part of the Services. The Services are provided solely for informational purposes,
and are offered on a strictly as-is, where-is, and with all faults basis. Your use of or access to
the Services does not create a lawyer-client or other relationship of trust. Except where we
agree otherwise under a separate executed written instrument, we do not make any
representations or provide any warranties concerning the Services, and we expressly
disclaim all warranties in connection with the Services, whether express or implied, including,
but not limited to the implied warranties of merchantability, fitness for a particular purpose
and non-infringement. Bynamic is not responsible for any external sites or services or other
materials linked to or from our Services. Bynamic also disclaims all liability for any injury, loss
or damages you may experience by using such materials or services rendered by third
parties. No one should act, or refrain from acting, based solely upon the materials provided
through the Services without first seeking appropriate legal, investment, accounting or other
professional advice.
6. Subject to your compliance with these Terms, Bynamic grants you a limited, non-exclusive,
non-sublicensable, revocable, non-transferable single-user (non-concurrent) license to
access and use the Services on your personal devices, and use any content, information and
related materials that may be made available through the Services, in each case solely for
your personal or non-commercial use. Any other types of usage are prohibited. Any rights
not expressly granted herein are reserved by Bynamic.
7. We retain at all times all ownership rights, including without limitation, copyright, in the
Services. By using the Services, you grant Bynamic a non-exclusive, worldwide, royalty-free
license to use, reproduce, modify, and display any content or feedback you submit through
the Services for the purpose of providing and improving the Services. Unless otherwise
indicated, trademarks and logos, and all works, including texts, images, illustrations,
software, HTML codes, audio clips and videos appearing on the Services are the property of
Bynamic. You may not: (i) remove any copyright, trade mark or other proprietary notices from
any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon,
distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit,
stream, broadcast or otherwise exploit the Services except as expressly permitted by
Bynamic; (iii) decompile, reverse engineer or disassemble the Services except as may be
permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause
or launch any programs or scripts for the purpose of scraping, indexing, surveying, or
otherwise data mining any portion of the Services or unduly burdening or hindering the
operation and/or functionality of any aspect of the Services; or (vi) attempt to gain
unauthorized access to or impair any aspect of the Services or its related systems or
networks. When using the Services, you will not provide untrue, inaccurate or incomplete
information.
8. You are solely responsible for all information or content that you give us through the
Services. We will not be responsible for any loss, damage, harm, injury, delay or
inconvenience suffered or incurred by you with respect to: (i) these Terms or the Services, (ii)
any instruction given to, by or purported to be given by you in connection with the Services;
or (iii) any products or Services you obtain or purchase from us or from a third party to whom
we refer you, or otherwise. Such losses, damages, injuries, delays and inconveniences
include, without limitation, (i) direct, incidental, indirect, consequential, special, aggravated,
punitive or exemplary damages, (ii) loss of data, profits, information, opportunity, revenues
and goodwill, and (iii) any other business interruption, commercial or economic losses. The
foregoing limitation of liability applies regardless of the cause of action, even if we have been
advised of the possibility of such damages. In addition, in no event, even if we are negligent,
will we be liable for any loss or damage suffered by you that is caused by any one or more
of: i) the actions of, or any failure to act by a third party service provider (and no such third
party will be considered to be acting as our agent); ii) Mistakes, errors, omissions,
inaccuracies or other inadequacies of, or contained in the Services or any data given by you
to us, including your failure to update; iii) Any delay, error, interruption or failure by us to
perform or fulfill any of our obligations to you due to any cause beyond our control or their
control, any system malfunctions or any technical failures; iv) Unsecured communication
being inaccurate, intercepted, reviewed or altered by others, or not received by you; v) Your
access to the Services, including, without limitation, any delay or inability to access the
Services; vi) Your failure to receive or view any communication that has been presented to
you, and we will not be responsible, for any delay, damage or inconvenience that such failure
may cause; or vii) Your failure to fulfill any of your obligations under these Terms. You
release and indemnify us for any claim, cost and liability incurred: (i) as a result of your use
of the Services; or (ii) as a result of your breach of these Terms. Notwithstanding any
provision to the contrary, you agree that the maximum liability of Bynamic in connection with
any claim arising from your use of the Services shall be $100.00 in the aggregate, without
regard to the cause or causes of any claim including, without limitation, the sole, joint and/or
concurrent, active or passive negligence or strict liability of any person or party.
9. These Terms and any related terms, conditions, instructions, disclaimers or documents may
be accepted in electronic form and your acceptance is binding between you and us. Neither
you nor we will contest the validity or enforceability of these Terms and any related
documents because they were accepted electronically.
10. If any provision of these Terms is found to be invalid or unenforceable, this will not affect the
validity or enforceability of the other provisions of these Terms. Our failure to enforce strict
performance of any provisions of these Terms does not mean we have waived any provision
or right. Neither the course of conduct between you and us, nor trade practice modifies any
provision of these Terms. We may assign or transfer these Terms on notice to you. You may
not assign or transfer these Terms or any of the obligations or rights under these Terms to
any other person. In the event of a conflict between these Terms and any definitive executed
agreement entered into between you and Bynamic, the terms of the definitive executed
agreement shall govern.
11. You agree that this agreement and any document related to it, including notices, will be in
English only. Vous acceptez que cette convention et tous les documents qui s'y rattachent, y
compris les avis, soient en anglais seulement.
12. These Terms are entered into and governed by the laws of the Province of Alberta and the
federal laws of Canada applicable therein. You and Bynamic each agree that the Alberta
courts sitting in the City of Calgary shall have exclusive jurisdiction over each of us for the
determination and enforcement of any matters arising out of these Terms. Your use of the
Services constitutes your consent to the jurisdiction and venue of said courts with respect to
any such dispute.
13. If you have any questions or concerns about these Terms or the Service, please contact us
at tim.byrne@bynamicgroup.com.