We invite you periodically to review the various policies and conditions available on the Hugstory website to ensure that you are aware of the extent of your obligations and rights towards Hugstory at all times.
- Consumer Protection
As a consumer, you have rights under the law. The exclusions and limitations of liability under these conditions of purchase will not apply if they are contrary to applicable law. Some countries do not allow the exclusion of warranties or liability. We recommend that you refer to the applicable laws in your area. Nothing in these terms and conditions shall affect your rights under the law.
PROVISIONS APPLICABLE TO THE PURCHASE OF THE BROADCAST PLAN
- Broadcast Plan
By subscribing to the broadcast plan, you have the opportunity to benefit from all of the services and features offered on the Hugstory website, including the ability to broadcast on the Hugstory platform (the "Service").
You agree that the Service may require additional equipment, including a Nest™ camera. Unless you acquire the additional equipment through the Hugstory website and only to the extent provided herein, we are not responsible for any additional equipment that may be required and any additional charges that may arise from time to time for your use of the Service.
In addition, an Internet connection is required to use the Service. You may incur charges with your Internet service provider by using the Service. You are fully responsible for the costs incurred in this regard.
- Billing Cycle
The subscription fees for the Service plus any applicable taxes are payable by monthly installments.
The first installment is due on the date of your order for the following month. Subsequent installments will be charged on the same day of the month as the first installment. In some cases, your installment date may change, for example if your method of payment has not been successfully established or if your subscription started on a date that does not contain a month. If an installment is due on a date that does not exist in a certain month, that installment is payable on the last day of that month.
You agree to pay the installments in advance to Hugstory through the payment method identified in section 10.
- Automatic Renewal of your Service
Unless you terminate the Service, your subscription will automatically be renewed every month on the day before your billing date.
- Termination of the Service
You can cancel the Service at any time by clicking on "My Hugstory Account" under the "Unsubscribe" tab. The termination of the Service is effective on your next billing cycle and you will therefore be able to broadcast on the Hugstory website until the end of your monthly subscription.
Your termination of the Service may affect the amounts due to Hugstory. Please refer to section 5 and 6 for further details in this regard.
- Price Change
Hugstory may change the price of the Service at any time. However, Hugstory will send you a 30 day notice by email of such change. You will then have a maximum of 30 days from the date of the modification to inform us of your intention to terminate the Service. Otherwise, you will be deemed to have accepted the modification.
PROVISIONS APPLICABLE TO THE PURCHASE OF THE CAMERA
- Purchasing of the Camera
To buy the Camera from Hugstory, you must benefit from the Service.
Hugstory sells you and you purchase the camera (herein the "Camera") according to the terms of the present conditions of purchase.
The Camera is payable by a single payment in the amount of the price of the Camera plus any applicable taxes (the "Total Price") which is due on the date of your order and by the method of payment identified in section 10.
- Forfeiture of the Term
The following events will cause you to lose the benefit of the term granted, for the customers who benefit of the Camera financing service:
- If you are in default under these conditions of purchase including the payment of the installment under section 5;
- Your bankruptcy or insolvency;
- If you terminate your subscription to the Service according to section 3 (c).
Subject to the provisions of any consumer laws regarding time limits and notices, you authorize Hugstory to collect from the credit card provided an amount equal to the total of the remaining installments when losing the benefit of the term.
- Availability and Prices
The Camera is offered subject to availability. Hugstory reserves the right to impose quantity limits on any order, to refuse an order in whole or in part or to cease to make available the Camera.
Hugstory may change the price charged for the Camera. However, Hugstory will not change the price of a Camera if an order has already been placed.
If you are not satisfied with the Camera purchased, you can return it in its original condition in order to obtain full refund within 30 days of its original purchase. Hugstory reserves the right to refuse any refund request if the Camera is not received by Hugstory in its original condition. You must address any request for reimbursement by email to info@Hugstory.com.
- Warranties and Exclusions
Subject to the provisions of section 14, please refer to the manufacturer's limited warranty for any questions on this matter. Only the manufacturer can honor any warranty regarding the Camera.
The manufacturer of the product purchased is Nest Labs, Inc. and can be reached here.
PROVISIONS APPLICABLE TO ALL PURCHASES
- Method of Payment
The method of payment accepted by Hugstory to pay for your purchases hereunder is the credit card only i.e. Visa, MasterCard and American Express. By providing your credit card number, you declare that you are the holder of the credit card or that you are duly authorized to use it by the cardholder. Hugstory reserves the right to cancel a transaction if the method of payment provided cannot be verified, is not valid or is not acceptable for any other reason.
Please ensure that the credit card provided is valid at all times. You can change your billing information at any time through "My Hugstory Account" on the billing tab by clicking on “Change Your Payment Method”.
In addition, please immediately report any stolen credit card and immediately provide a new credit card under the billing information in the "My Hugstory account" tab as soon as available to avoid any delay in your payments.
The payments that will be collected from your credit card is based on the product or service purchased and the chosen financing option plus any applicable taxes.
You agree to pay, in addition to the purchase price of the Camera or Service purchased, any applicable taxes.
The displayed price includes shipping costs.
- Compatibility and Installation
The installation of products and services provided by Hugstory is your responsibility. It is also your responsibility to ensure that you have all the equipment, program and add-on module to ensure the proper functioning of the products purchased.
- Warranties and Exclusions
To the extent permitted by any consumer protection laws, Hugstory provides no warranty of title or quality with respect to the Camera or the Service.
- Repair and Maintenance
Hugstory does not supply replacement parts or repair service for the Camera.
- Limitation of Liability
None of the provisions of these conditions of purchase, including the "Limitation of Liability" section, attempt to exclude liability that cannot be excluded under any consumer protection act.
To the extent permitted by law, Hugstory, its affiliates, directors, officers, employees, agents and representatives shall not be liable under any circumstances for:
a. Your use of the Services or the Camera (including any breach of the conditions of purchase);
b. The purchase provided herein;
c. Any warranties related to the purchase of the Services or the Camera.
YOU AGREE TO WAIVE ANY REMEDIES AGAINST HUGSTORY IN CONNECTION WITH THE PURCHASE OF THE CAMERA OR THE SERVICE VIA THE HUGSTORY WEBSITE.
None of the provisions of these conditions of purchase including the "Indemnification" section tries to make you bear an obligation that cannot be borne by you under any law under any consumer protection act.
To the extent permitted by law, you agree to indemnify and hold harmless Hugstory, its affiliates, directors, officers, employees, agents and representatives from and against any and all claims, suits and expenses (including judicial and extrajudicial fees) deriving from :
a. Your use of the Services or the Camera (including any breach of the terms of purchase);
b. The purchase provided herein;
c. Your violation of the law and infringement of the rights of third parties (including intellectual property or invasion of privacy).
The obligations under sections 16 and 17 (Limitation of Liability and Indemnification) shall survive termination of these conditions of purchase.
You are not authorized to set off against Hugstory any amounts you owe to Hugstory, its affiliates or agents. If for any reason Hugstory owes you certain amounts in any way whatsoever, your obligation to Hugstory will remain intact.
You affirm either that you: (i) are major in your province or state of residence; (ii) are an emancipated minor; or (iii) are 13 years of age or older and have the legal consent of a tutor or your parents and are fully capable and able to accept and comply with these conditions of purchase. If you have the legal consent of a tutor or your parents, it is important that you ask them to read these conditions of purchase to make sure you are able to comply. If in doubt, please do not make a purchase.
- Applicable Law and Choice of Court
These conditions of purchase are governed by the laws of Quebec and Canada, to the extent applicable. Any claim or legal action brought in connection herewith shall be brought exclusively before a court of competent jurisdiction of the Province of Quebec, judicial district of Montreal, Canada.
These conditions of purchase constitute the entire agreement between you and Hugstory. The nullity of part of these conditions of purchase does not affect the validity of these conditions of purchase, which will remain fully in force.
These conditions of purchase may not be transferred or assigned by you, but may be assigned by Hugstory without restriction or notification.
Any notice hereunder shall be duly received when sent to the following address:
You: to the email address provided when creating your Hugstory account
Hugstory: at info@Hugstory.com.