Terms of Use

Last Updated: June 9, 2026

General

These terms of use constitute a legal agreement and are a legally binding contract between you, the user (“you”, “your”, the “User”) and NAYOS MARKETPLACE INC. (o/a Nayos Event Marketplace), a corporation incorporated under the laws of Ontario (“NEM”, “we”, “us”, “our”, the “Company”).

These terms of use, together with any documents and/or additional terms incorporated by reference, including but not limited to our Privacy Policy (these terms of use, and our Privacy Policy, to be collectively referred to as these/the/our “Terms”), set out your rights and responsibilities for use our website and platform, and all services provided by us thereon, and govern your access to and use of our website and platform, including any content, functionality, and services offered or provided by us, and on or through www.nayos.ca, (collectively referred to as the or the “Services” or the/this/our “Platform”).

BY USING OUR PLATFORM, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS OF USE AND OUR POLICIES, INCORPORATED HEREIN BY REFERENCE. YOU FURTHER REPRESENT AND WARRANT THAT:

1. YOU ARE THE LEGAL AGE OF MAJORITY UNDER APPLICABLE LAW TO FORM A BINDING CONTRACT WITH THE COMPANY AND MEET ALL OF THE ELIGIBILITY REQUIREMENTS; AND
2. IF YOU ARE USING OUR PLATFORM ON BEHALF OF A COMPANY OR CORPORATION, THAT YOU HAVE THE REQUISITE LEGAL AUTHORITY TO BIND SUCH COMPANY OR CORPORATION.

IF YOU DO NOT AGREE TO THESE TERMS OF USE OR OUR POLICIES, YOU MUST NOT ACCESS OR USE OUR PLATFORM.

All bookings and purchases made through the Platform are governed by these Terms.

These Terms, and all bookings secured on this Platform, are governed by and construed in accordance with the laws of the Province of Ontario and the applicable federal laws of Canada, without regard to conflict of law principles. The parties irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario, and you hereby irrevocably waive any objection to venue or jurisdiction in such courts, including any defense of inconvenient forum. You consent to personal jurisdiction in Ontario for any legal proceeding arising out of or relating to these Terms or the Platform.

We reserve the right to correct errors and inaccuracies and change and update information on this Platform at any time without notice, including prices and item availability.

All prices listed exclude applicable taxes and are in Canadian dollars and all delivery and any additional charges will be clearly displayed where they apply and will be processed in Canadian dollars. All prices listed on this Platform are subject to confirmation. You agree to pay all charges payable for your booking.

As hereinbefore stated, by contracting a booking on this Platform, you represent and warrant that you are of the age of majority in the relevant jurisdiction (e.g. 18 in Ontario, Canada). Nayos Event Marketplace has no obligation to verify the age of users and is not liable for any unauthorized use by minors. You are solely responsible for ensuring that minors do not access or use your account. If a minor uses your account or payment method, you will be liable for all resulting charges and any damages. Use of the Platform by anyone under 18 is grounds for immediate account termination without refund and without limiting Nayos Event Marketplace’s other remedies.

If we update these Terms, we will post the new Terms on this Platform and note the date that they were last updated. Your use of this Platform following any such posting constitutes your unconditional agreement to follow and be bound by the Terms as changed.

Passwords and Accounts

In order to access or use many, if not all, of the features on the Platform, you may be required to first register through our online registration process. The Platform’s practices governing any resulting collection and use of your personal information that we collect as part of account registration are set out in our Privacy Policy.

Usernames and passwords must be personal and unique and must not violate the rights of any person or entity or be offensive. We may reject the use of any password, username, or email address for security reasons or if they violate these Terms. You are responsible for maintaining the confidentiality of the password used to access your account and restricting access to your computer. We are not under any obligation to verify the actual identity or authority of any user of a password and username. We may rely on the authority of anyone accessing your account or using your password and will not be liable for any damages or expenses arising out of or relating to any unauthorized use of such account or password. You agree that you are responsible for all activities that occur on your account.

The safety and security of your information also depends on you. Users are responsible for obtaining their own access to the Platform. Users are required to ensure that all persons who access the Platform through their internet connection or account are aware of these Terms and comply with them.

You agree to notify us immediately of any unauthorized use of your account, password, or username, or any other breach of security and you will remain responsible for any unauthorized use to the fullest extent permitted by applicable law. We have the right to take any actions that we deem reasonable in such an event provided that we will have no liability for any act or omission in this regard.

If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete, or violates these Terms or any applicable law, then we may suspend or terminate your account. We also reserve the more general and broad right to terminate your account or suspend or otherwise deny you access to it or its benefits – all in our sole discretion, for any reason, and without advance notice or liability. If you would like to close your Nayos Event Marketplace account, please contact us at hello@nayos.ca and include “Account Closure Request” in the subject line with your full name and email address associated with your account. Except to the extent prohibited by applicable laws, we may suspend or cancel your account at any time for any reason without notice or liability to you or any other person. Upon termination of your account for any reason: (a) all amounts owed by you to Nayos Event Marketplace immediately become due and payable; (b) you will immediately lose access to all pending bookings, account data, and platform features; (c) you will not be entitled to any refunds of fees or payments previously made; (d) Nayos Event Marketplace may delete your account data without liability; and (e) termination does not limit or waive any of Nayos Event Marketplace’s other rights or remedies at law or equity. If your account is terminated for breach of these Terms, you may not create a new account without Nayos Event Marketplace’s express written permission.

Terms Applicable for Bookings

To secure any bookings on our Platform, you must be the greater of at least eighteen (18) years of age, or the applicable legal age of majority. Prior to the purchase of any products or services, you must provide us with a valid payment method and related payment information needed to process the payment. By submitting that information to us or our third-party payment processor, you agree that you authorize us and/or our processor to pre-authorize the payment and to charge your method of payment. For any bookings that you contract on the Platform, you agree to pay the price applicable (including any taxes and surcharges) as of the time you make the deposit to secure the booking. Nayos will automatically bill your credit card as part of the order process for such price. ALL BOOKINGS, DEPOSITS, AND PAYMENTS ARE FINAL AND NON-REFUNDABLE UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW. Nayos Event Marketplace does not provide price protection or refunds. Please review our FAQ if you have questions about the terms applicable for bookings. You agree not to initiate any chargeback, reversal, or payment dispute with your credit card company or payment provider. If you do initiate a chargeback or dispute that Nayos Event Marketplace determines was improper or in violation of these Terms, you agree to pay Nayos Event Marketplace the disputed amount plus an administrative fee of CAD $100 or 10% of the disputed amount (whichever is greater), plus any costs and legal fees incurred by Nayos Event Marketplace.

Nayos Event Marketplace operates solely as a platform connecting users with independent third-party vendors. A booking contracted through the Platform is completed by an outside vendor not directly tied with Nayos Event Marketplace. NAYOS EVENT MARKETPLACE IS NOT A PARTY TO ANY AGREEMENT BETWEEN YOU AND ANY VENDOR. Nayos Event Marketplace does not employ, recommend, endorse, screen, approve, monitor, or control vendors or their services. Product and/or service (bookings) descriptions, representations, warranties, guarantees, performance claims, and other content provided on this Platform are provided by our Vendors and are not independently verified by Nayos Event Marketplace for accuracy or otherwise. Nayos Event Marketplace makes no representations or warranties about vendors or any of their products, services, bookings, including but not limited to the quality, safety, suitability, legality, or any other aspect of any vendor or their products, services or bookings. Any legal claim related to a vendor, including but not limited to claims for defective, unsatisfactory, or dangerous services, misrepresentations, fraud, cancellations, no-shows, personal injury, property damage, or any other issue whatsoever, must be brought directly and exclusively against the vendor. You expressly release, waive, and discharge Nayos Event Marketplace, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, and successors from any and all claims, demands, causes of action, damages, losses, costs, or expenses (including legal fees) of any kind arising out of or relating your use of our Platform, including but not limited to all claims, demands, causes of action, damages, losses, expenses of any kind arising from or related to: (a) items and/or services contracted through our Platform; (b) defective, unsatisfactory, counterfeit, or non-conforming items; (c) misrepresentations, fraud, or misconduct by vendors; (d) items or services that cause physical injury, property damage, or economic loss (including product liability claims); (e) any interactions or disputes with vendors; or (f) any failure or delay in delivery of products or services by vendors, their services, or any transaction between you and a vendor whatsoever. Nayos has no obligation to intervene in, mediate, or resolve disputes between users and vendors. Your sole remedy for any vendor-related issue is against the vendor directly.

All payments must be made by Visa, MasterCard, or American Express. We currently do not accept cash, personal or business checks or any other payment form. To complete payment under different terms as a business or corporation, please connect with us at hello@nayos.ca to finalize the required details. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not these Terms to determine your rights and liabilities as a cardholder. You represent and warrant that you will not use any credit card or other form of payment unless you have all necessary legal authorization to do so. YOU, AND NOT NAYOS EVENT MARKETPLACE, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. If Nayos Event Marketplace does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by Nayos Event Marketplace or its agents.

The booking of products and services on the Platform is subject to availability by each vendor. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAWS, BOOKINGS DISPLAYED ON THE SITE ARE SUBJECT TO AVAILABILITY, MAY NOT BE AVAILABLE AT ALL TIMES AND MAY BE SUBSTITUTED OR DISCONTINUED AT ANY TIME. NAYOS EVENT MARKETPLACE RESERVES THE RIGHT, AT ANY TIME PRIOR TO A BOOKING BEING COMPLETED BY YOU AND CONFIRMED BY US, TO CHANGE ITS PRICES AND BILLING METHODS, EFFECTIVE IMMEDIATELY UPON POSTING ON THE PLATFORM OR BY E-MAIL DELIVERY TO YOU.

Product and/or service descriptions, representations, warranties, guarantees, performance claims, and other content provided on this Platform are provided by vendors and are not independently verified by us. The accuracy of such representations is the sole responsibility of the vendors. While this Platform attempts to be accurate in its product and/or service descriptions, we do not represent or warrant that product and/or service descriptions or other content on this Platform are accurate, complete, reliable, current, or error-free.

Booking Acceptance Policy

As permitted by applicable law, your orders are offers to purchase/rent/contract subject to our acceptance, which takes the form of an order confirmation by email, which we shall have the right to refuse or cancel. Subject to applicable laws, Nayos Event Marketplace reserves its right, at its sole discretion, to refuse or cancel any order as well as to apply restrictions on the quantity of products covered by an order, including for orders that were approved by Nayos Event Marketplace. Nayos Event Marketplace is also entitled to seek additional information from you before accepting, processing or delivering an order. Without limiting the foregoing, Nayos Event Marketplace is entitled to refuse or cancel any order as well as to apply restrictions on an order for the following grounds: (a) the product is not available, became unavailable by reason of inventory variation or item discontinuation due to damage; (b) the invoicing information appears inaccurate; (c) the price or any important information on the Platform or with regard to the products at the time of the booking are incorrect or materially inaccurate; (d) the booking has an unusual character or appears to be fraudulent. Notwithstanding any confirmation, Nayos Event Marketplace reserves the right to cancel any order where the pricing was the result of a typographical, photographic, or other error, including errors in pricing information received from vendors or suppliers, and such errors shall not be binding on Nayos Event Marketplace even after an order confirmation has been sent.

In cases of refusal, cancellation or restriction of the order, Nayos Event Marketplace will notify you that such order is refused, cancelled or restricted. As the case may be, Nayos Event Marketplace will not invoice the amount of the order or will proceed to the refund by reversing the charges applied on the credit card of the User.

If you request for any changes or cancellations to an order, do not assume that a cancellation or change of an order you have placed through Nayos Event Marketplace with any Vendor has been effected until you receive a confirmation from the Vendor via email or the Platform. As stated above, you will be responsible for, and your credit card or third-party payment account may be charged for, the payment of all fees associated with bookings already confirmed before your cancellation/change request or a request to terminate your account was received.

Intellectual Property

All right, title and interest in and to the Platform and its content (the “Content”), including all copyrights, patents, trademarks, service marks, trade names, database rights, design rights and all other intellectual property rights therein, whether registered or unregistered (collectively, “Intellectual Property”) is the property of Nayos Event Marketplace, our licensors or certain other third parties, and is protected by Canadian, trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible. Access to this Platform does not confer upon anyone’s license under our, our affiliates or any third party’s Intellectual Property Rights.

All design, text, graphics, their selection and arrangement and all software compilations, underlying source code, software, and all other material on this Platform are our copyright or are the copyright of its content and technology providers. All rights are reserved.

The materials on this Platform may not be copied, reproduced, posted, republished, sold or used in the participation in any sale of or exploiting in any way, any of the Platform’s Content. They may be downloaded, displayed, or printed by the user for lawful use only, and specifically for the sole purpose of placing an order with us or using this Platform as an event booking resource.

Permitted Uses

Your right to access and use the Platform and Content is subject to your strict compliance with these Terms and any additional terms. Your right to access and use the Service and Content shall automatically terminate upon any violations of these Terms or any additional terms. You are granted a non-exclusive, non-transferable, non-sub-licensable, limited, and revocable right to access and use the Platform and Content solely for your own lawful use. As your right to access and use the Platform and the Content is personal to you, you may not assign nor transfer your right; any attempt to do so is void.

With the exception of the restricted licence mentioned above, no other use of the intellectual property rights of Nayos Event Marketplace is permitted without obtaining the prior written consent of Nayos Event Marketplace.

In order to allow access to the Platform or online transactions, Nayos Event Marketplace may authorize you to download a software and/or computer applications from the Platform or other Internet sources. These software and/or computer applications are protected by copyrights. Their download and use are governed by the specific licence agreements in regard to these software and/or computer applications. Should you download any such software or computer applications, you undertake to comply with the Terms of the specific license agreements relating to the use of the software and/or computer applications.

User-Provided and Generated Content

By submitting or creating content on or through this Platform, by email or telephone, or by otherwise disclosing, submitting or offering content in connection with your use of this Platform such as messages, chat messages, avatars, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained (collectively, the “Submissions”), you represent and warrant that you have full right and authority to submit the Submissions, and that you have copyright and proprietary right over the Submissions. You further represent and warrant that any Submissions submitted by you to the Platform will not violate these Terms or any right of any third party, including without limitation, copyright, trademark, publicity, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity and will not contain any personal information of any third party. You are and shall remain solely responsible for the Submissions you submit and you agree to indemnify us and our affiliates for all claims resulting from or relating to any Submissions you submit.

You consent and grant us a perpetual, royalty-free, transferable, unrestricted, sub-licensable right and license to use the Submissions however we desire, including without limitation, to use, copy, reproduce, disclose, modify, delete in its entirety, adapt, publish, display, translate, create derivative works from and/or distribute such Submissions and/or incorporate such Submissions into any form, medium or technology throughout the world and for any purpose without restriction and without compensating you in any way. We are and shall be under no obligation: (1) to display, maintain or use the Submissions in any way; (2) to maintain any Submissions in confidence; (3) to pay to you any compensation for any Submissions; or (4) to respond to any Submissions. You hereby waive all your moral rights in the Submissions for the benefit of us, our affiliates and our respective successors, assigns and licensees. Additionally, Nayos Event Marketplace owns all rights, title, and interest in and to all aggregate, de-identified, and anonymized data derived from your use of the Platform, including booking data, usage patterns, analytics, and other information. Nayos Event Marketplace may use such data for any purpose, including business analytics, marketing, product development, and providing services to third parties. Upon termination of your account, Nayos Event Marketplace may, at its sole discretion, delete your account data without any liability to you. You acknowledge that Nayos Event Marketplace has no obligation to retain, store, or provide access to your data after termination.

You may not contribute, post or transmit unlawful, defamatory, or threatening material, which would constitute or encourage criminal offences, or violate any law. We reserve the right not to publish, or to remove, any Submissions we deem inappropriate for any reason whatsoever. You represent and warrant that no Submissions submitted by you to this Platform will be or contain libellous or otherwise unlawful, threatening, defamatory, abusive or obscene material, or contain software viruses, disabling mechanisms, harmful content, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”. You will not impersonate any person or entity or misrepresent your affiliation to a person or entity.

We and our affiliates take no responsibility and assume no liability for any Content submitted by you or any third party.

Site Security

You are prohibited from attempting to circumvent and from violating the security of the Platform, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting the Platform owner’s ability to monitor the Platform; (f) using any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on our Platform; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking our Platform via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and (i) otherwise attempting to interfere with the proper working of our Platform.

Limitation of Liability

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, OUR PLATFORM, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW. FOR GREATER CERTAINTY, THIS INCLUDES ANY CONNECTIONS MADE BY THE USERS OF OUR PLATFORM, AND ANY DEALINGS BETWEEN THOSE USERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NEM’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM EXCEED THE TOTAL AMOUNT PAID BY YOU TO NEM IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

Disclaimer of Warranties and Indemnification

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY PRODUCTS, SERVICES, VENDORS, CONNECTIONS, OR ITEMS FOUND OR ATTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT, AND ANY SERVICES, CONNECTIONS OR ITEMS FOUND OR ATTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR ANY ISSUES THAT ARISE BETWEEN USERS OF THE PLATFORM, INCLUDING VENDORS AND CUSTOMERS. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. THE PLATFORM MAY UTILIZE THIRD-PARTY SERVICES, INCLUDING PAYMENT PROCESSORS, HOSTING PROVIDERS, COMMUNICATION SERVICES, AND OTHER SERVICE PROVIDERS. NAYOS EVENT MARKETPLACE IS NOT RESPONSIBLE OR LIABLE FOR: (A) ANY FAILURE, INTERRUPTION, DELAY, OR ERROR CAUSED BY SUCH THIRD-PARTY SERVICES; (B) ANY SECURITY BREACHES, DATA LOSS, OR UNAUTHORIZED ACCESS RESULTING FROM THIRD-PARTY SERVICES; (C) ANY ACT OR OMISSION OF ANY THIRD-PARTY SERVICE PROVIDER; OR (D) THE CONTENT, ACCURACY, OR RELIABILITY OF ANY THIRD-PARTY WEBSITES OR SERVICES LINKED TO OR FROM THE PLATFORM. YOUR USE OF ANY THIRD-PARTY SERVICES IS AT YOUR OWN RISK AND SUBJECT TO THE TERMS AND CONDITIONS OF SUCH THIRD PARTIES. THE PLATFORM MAY CONTAIN LINKS TO THIRD-PARTY WEBSITES THAT ARE NOT OWNED OR CONTROLLED BY NAYOS EVENT MARKETPLACE. NAYOS EVENT MARKETPLACE HAS NO CONTROL OVER, AND ASSUMES NO RESPONSIBILITY FOR, THE CONTENT, PRIVACY POLICIES, OR PRACTICES OF ANY THIRD-PARTY WEBSITES. YOU ACKNOWLEDGE AND AGREE THAT NAYOS EVENT MARKETPLACE SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH THIRD-PARTY CONTENT, GOODS, OR SERVICES.

NEITHER THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE PLATFORM OR ITS CONTENTS, OR ANY CONNECTIONS MADE BETWEEN USERS OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES, CONNECTIONS OR ITEMS FOUND OR ATTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE PLATFORM WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE PLATFORM AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY PLATFORM LINKED TO IT.

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS NAYOS EVENT MARKETPLACE, ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “NAYOS EVENT MARKETPLACE PARTIES”) FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, EXPENSES, OR FEES (INCLUDING REASONABLE LEGAL FEES AND COURT COSTS) ARISING OUT OF OR RELATING TO: (A) YOUR ACCESS TO OR USE OF THE PLATFORM; (B) YOUR BREACH OR ALLEGED BREACH OF THESE TERMS; (C) YOUR VIOLATION OF ANY LAW, REGULATION, OR THIRD-PARTY RIGHT, INCLUDING ANY INTELLECTUAL PROPERTY, PRIVACY, OR PUBLICITY RIGHT; (D) YOUR SUBMISSIONS OR ANY CONTENT YOU POST OR TRANSMIT THROUGH THE PLATFORM; (E) YOUR BOOKINGS, TRANSACTIONS, OR INTERACTIONS WITH VENDORS OR OTHER USERS; (F) YOUR NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD; (G) ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR PASSWORD; OR (H) ANY DISPUTE BETWEEN YOU AND ANY VENDOR OR THIRD PARTY. THIS INDEMNIFICATION OBLIGATION WILL SURVIVE TERMINATION OF THESE TERMS AND YOUR USE OF THE PLATFORM. NAYOS EVENT MARKETPLACE RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU AGREE TO COOPERATE WITH NAYOS EVENT MARKETPLACE’S DEFENSE OF SUCH CLAIMS.

Dispute Resolution, Arbitration, and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

You and Nayos Event Marketplace agree that any dispute, claim, or controversy arising out of or relating to these Terms, your use of the Platform, or your relationship with Nayos Event Marketplace (collectively, “Disputes”) will be resolved through binding individual arbitration, except that either party may bring a claim in small claims court if it qualifies. You and Nayos Event Marketplace also agree that the arbitration shall be conducted in your individual capacity only and not as a class action or other representative action, and you and Nayos Event Marketplace expressly waive your right to file a class action or seek relief on a class basis.

Arbitration Process

Arbitration will be conducted by a single arbitrator under the Arbitration Act, 1991 (Ontario) and the rules of the ADR Institute of Canada. The arbitration shall take place in Ontario, Canada, and shall be conducted in English. The arbitrator’s decision will be final and binding, and judgment on the award may be entered in any court having jurisdiction.

Costs

Each party will bear its own costs of arbitration, including legal fees, unless the arbitrator determines otherwise. If you are required to pay a filing fee to commence arbitration that exceeds the filing fee you would pay to commence an action in court, Nayos Event Marketplace will reimburse you for the difference.

Opt-Out

You may opt out of this arbitration agreement by sending written notice to Nayos Event Marketplace at hello@nayos.ca within thirty (30) days of first accepting these Terms. Your notice must include your name, address, and a clear statement that you wish to opt out of this arbitration agreement.

Class Action Waiver

YOU AND NAYOS EVENT MARKETPLACE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE. Unless both you and Nayos Event Marketplace agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

Time Limitation

You agree that any Dispute must be commenced within six (6) months after the cause of action accrues. Otherwise, such cause of action is permanently barred.

Exceptions

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or confidential information.

Force Majeure

Nayos Event Marketplace shall not be liable for any delay or failure to perform any obligation under these Terms where such delay or failure results from any cause beyond Nayos Event Marketplace’s reasonable control, including but not limited to acts of God, pandemic, epidemic, public health emergency, natural disasters, fire, flood, earthquake, labor disputes, strikes, acts of war, terrorism, riots, civil unrest, government actions or orders, telecommunications or internet failures, power outages, equipment failures, supplier or vendor failures, or failures of third-party service providers. In the event of any such delay or failure, Nayos Event Marketplace’s performance obligations shall be suspended for the duration of the force majeure event, and Nayos Event Marketplace shall be granted a reasonable extension of time to perform. If a force majeure event continues for more than thirty (30) days, Nayos Event Marketplace may, at its sole discretion, terminate these Terms or any affected bookings without liability.

Severability

If any term or provision of these Terms of Use or our Policies is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms of Use and/or our Policies or invalidate or render unenforceable such term or provision in any other jurisdiction.

Miscellaneous

These Terms, together with our Privacy Policy and any other policies expressly incorporated by reference, constitute the entire agreement between Nayos Event Marketplace and you, the user, and supersede all prior or contemporaneous agreements, understandings, representations, warranties, negotiations, and discussions, whether written or oral, pertaining to this subject matter. No representation, inducement, promise, understanding, condition, or warranty not set forth in these Terms has been made or relied upon by either party. Neither party has relied on any statement, representation, assurance, or warranty of the other party except as expressly set forth in these Terms. These Terms supersede any conflicting terms in any marketing materials, vendor representations, or other communications.

The delay or failure by us to act with respect to a breach of these Terms by you or others does not constitute a waiver and shall not limit our rights with respect to such breach or any subsequent breaches.

We make no promise that materials on this Platform are appropriate or available for use in locations outside Canada, and accessing this Platform from territories where its contents are illegal or unlawful is prohibited. If you choose to access this Platform from locations outside Canada, you do so at your own risk and are responsible for compliance with local laws.

We reserve the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of our rights or obligations under these Terms or any related contract to any third party.

These Terms will be binding upon and will ensure to the benefit of (i) you and your heir(s), executor(s), administrator(s) and other legal representatives; and (ii) us and our successors and assigns.

Survival

The following provisions shall survive any termination or expiration of these Terms: Intellectual Property, User-Provided and Generated Content, Vendor Relationship and Platform Disclaimer, Limitation of Liability, Disclaimer of Warranties and Indemnification, Dispute Resolution and Arbitration, Force Majeure, Data Ownership Rights, Governing Law and Jurisdiction, and any other provision which by its nature should reasonably survive termination. Termination of these Terms or your account shall not relieve you of any obligations incurred prior to such termination.

Notices

All notices or other communications required or permitted under these Terms shall be in writing. NEM may provide notices to you via email to the email address associated with your account, by posting on the Platform, or by any other commercially reasonable means. Such notices shall be deemed delivered and effective when sent or posted. You are responsible for ensuring that your email address on file with NEM is current and accurate. All notices from you to NEM must be sent to hello@nayos.ca and shall be deemed delivered only when actually received by NEM. For any legal notices, you must also send a copy via registered mail or courier to NEM’s registered office address in Ontario.

Privacy

If you have any questions regarding what your personal information is used for, please contact us at hello@nayos.ca or review our Privacy Policy.

Contact Us

If you have any questions, comments or concerns about these Terms, please contact us at: