Terms & Conditions
PLEASE
READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION
REGARDING YOUR USE OF THIS WEBSITE INCLUDING
ALL CONTENT, INFORMATION, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THIS
WEBSITE (COLLECTIVELY, THE “WEBSITE”) AND YOUR LEGAL RIGHTS, REMEDIES AND
OBLIGATIONS. BY ACCESSING OR USING THIS WEBSITE, YOU SIGNIFY THAT YOU HAVE
READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
General
This Website is owned and operated by ZeroGHG Inc. in accordance with these
Terms and Conditions. ZeroGHG may modify these Terms and Conditions from time
to time, for any reason, by posting revised Terms and Conditions on this
Website. Please review these Terms and Conditions from time to time so you will
be apprised of any changes. If you continue to use this Website after the
revised Terms and Conditions have been posted, you will be deemed to have
agreed to them.
If you become aware of any misuse of the Website, please contact us by email.
The
Content of this Website / Intellectual Property
All content which forms a part of this website, including without limitation,
all text, design, graphics, sounds, drawings, photographs, e-mails, video,
code, software, tradenames and all organization and presentation of such
content (collectively, the "Content"), is subject to proprietary
rights provided under intellectual property law including without limitation
patent, copyright, trademark, and trade secret laws. You acknowledge and agree
that the ownership right and title to such rights will continue and remain with
ZeroGHG or its licensors, as the case may be. You are permitted to view and
download a single copy of the Content and print hard copies of pages from this
Website for your own non-commercial and lawful use, provided you keep intact
all copyright and any other proprietary notices contained in the original
Content. Except as expressly authorized by these Terms and Conditions, you may
not copy, reproduce, distribute, republish, download, perform, display, post,
transmit, exploit, create derivative works or otherwise use any of the Content
in any form or by any means, without the prior written authorization of ZeroGHG
or the respective copyright owner. "AquaVerde", "ZeroGHG.com",
"ZeroGHG", "Aquaverdu", "aquaverde.zeroghg.com",
"AquaVerde by ZeroGHG", and certain other names, words, logos,
slogans and images used on this Website are the property of and are subject to
trade-mark rights held by ZeroGHG. Certain other trade-marks, trade names,
words, logos, slogans and images depicted on this Website are the property of
their respective owners. Use of any such property, except as expressly
authorized, shall constitute a violation of the rights of the owner of the
property. ZeroGHG reserves the right to enforce its intellectual property
rights to the fullest extent of the law.
Links
to Third Party Websites
This Website may contain links to other websites which are provided only as a
convenience to you. The provision of any link does not constitute an
endorsement of such website by ZeroGHG. All such other websites are independent
from this Website and from ZeroGHG. ZeroGHG has no control over and expressly
disclaims any liability for such other websites and their content. Any
transactions that take place between you and the third party are directly with
the third party and ZeroGHG is not and shall not be held responsible for any
loss or damage that you may incur as a consequence thereto. If you decide to
access any of the third party websites linked to this Website, you do so
entirely at your own risk.
Warranties,
Disclaimers and Exclusion of Liability
You expressly understand and agree that: The Website and its Content are
provided on an “as is” and “as available” basis and your use of (or inability
to use) this Website and the Content is at your own risk. ZeroGHG and its
affiliates, directors, officers, employees, agents and representatives
expressly disclaim all warranties of any kind, whether express or implied
including, but not limited to, the implied warranties of merchantability,
fitness for a particular purpose and non-infringement. Without limiting the
generality of the foregoing, ZeroGHG makes no warranty that: (i) the Website
will meet your requirements or will be uninterrupted, timely, secure, or error
free; (ii) information that may be obtained will be accurate or reliable; (iii)
the quality of any products, services, information or other material obtained
by you through the Website will meet your expectations or needs; and (iv) any
errors in the Website will be corrected. ZeroGHG assumes no responsibility, and
shall not be liable, for any damages to, or any viruses affecting your computer
equipment or other property on account of your access to or use of this
Website. You agree that your sole remedy in the event of any problem with your
use is to cease using this Website.
In addition, all products and services purchased on or through the Website are
subject only to any applicable warranties of their respective manufacturers,
distributors and/or suppliers, if any. To the fullest extent permissible by
applicable law, ZeroGHG disclaims all warranties of any kind, either express or
implied, including any implied warranties, with respect to the products and services
listed or purchased on or through the Website. Without limiting the foregoing, ZeroGHG
disclaims liability for product defect or failure, claims that are due to
normal wear, product misuse, abuse, product modification, improper product
selection and non-compliance with any printed directions. ZeroGHG attempts to
be as accurate as possible. However, ZeroGHG does not warrant that product
descriptions or other content of any ZeroGHG service is accurate, complete,
reliable, current, or error-free. If a product offered by ZeroGHG is not as
described, your sole remedy is to return it in unused condition.
In no event shall ZeroGHG or any of its directors, employees, officers, agents
and representatives and their respective successors and assigns be liable for
any loss or damages whatsoever arising out or related to access to or use of
this Website or the Content, or any other website linked to this Website,
regardless of whether such loss or damages are based on warranty, contract,
tort (including negligence), strict liability, products liability or other
theories of liability, including without limitation liability for direct,
indirect, special, punitive, incidental or consequential damages. Without
limiting the generality of the foregoing, ZeroGHG and its affiliates,
directors, officers, employees, agents and representatives and their respective
successors and assigns shall not have any liability: (i) as a publisher of
information; (ii) as a reseller of any products or services; (iii) for any
incorrect or inaccurate information; (iv) for any unauthorized access to or
disclosure of your transmissions or data; (v) for statements or conduct of any
third party on the Website; or (vi) for any other matter relating to this
Website or any third party website.
Notwithstanding anything to the contrary, the sole and entire maximum liability
of ZeroGHG for any reason, and your sole and exclusive remedy for any cause or
claim whatsoever, shall be limited to the amount paid by you for any product,
information or service purchased by you from ZeroGHG on this Website.
Some jurisdictions do not allow the disclaimer of certain warranties or the
limitation or exclusion of liability for certain types of damages. Accordingly,
some of the above disclaimers and limitations may not apply to you.
Indemnification
To the maximum extent permitted by applicable law, you agree to defend,
indemnify and hold harmless ZeroGHG, its affiliates and related companies, and
each of their respective directors, officers, employees, agents and
representatives from and against all claims, liability, losses, damages,
expenses, and costs, arising out of: (i) your use of the Website; (ii) any
activity related to your account by you or any other person; (iii) any material
that you submit to, post on or transmit through the Website; (iv) your infringement
or violation of any rights of another; or (v) your breach or alleged breach of
these Terms and Conditions.
Applicable
Law and Jurisdiction
You agree that (a) all matters relating to access to, use of, or purchases
through the Website will be governed by the laws of Quebec and the federal laws
of Canada applicable to Quebec (b) the courts of Quebec have jurisdiction; (c)
the United Nations Convention on Contracts for the International Sale of Goods
will not apply; and (d) you are responsible for complying with all local laws.
Online
Shopping Terms and Conditions
Purchase Policies: If you make a purchase at this Website, your purchase
will be subject to additional purchase terms and conditions found on the
Website or shared with you, including but not limited to policies relating to
shipping and returns (collectively, “Purchase Policies”).
BY SUBMITTING PAYMENT INFORMATION IN CONNECTION WITH ANY PURCHASE, YOU AGREE TO
ZEROGHG’S PURCHASE POLICIES.
Payment:
You agree to pay for all charges noted herein as payable by you. All prices
listed on this Website are in Canadian dollars and all charges will be
processed in Canadian dollars.
Effect
of errors on ZeroGHG's part: While ZeroGHG takes great
care to ensure its advertising is accurate, errors and/or inaccuracies may
occur. ZeroGHG may correct errors or inaccuracies and change or update
information on this Website at any time without notice, including in respect of
prices and availability of items.
Pricing/Purchase
Terms: The items available on this Website, and the
prices for items on this Website, are not necessarily the same as the items and
pricing within any "bricks and mortar" ZeroGHG stores or other ZeroGHG
websites. All prices listed on this Website are subject to confirmation. No
orders, including their price, are final or binding until shipped. ZeroGHG has
the absolute discretion to fix pricing errors, which may include the
cancelation of your order. You may only purchase or order items for
non-commercial and lawful purposes and any other use is not permitted. You may
not use the Website if you are under the age of majority in the jurisdiction in
which you live (which in most jurisdictions is either 18 or 19 years of age) or
if you cannot form legally binding contracts under applicable law. If you are
under the age of majority, then your parent or legal guardian may use the
Website on your behalf. Any items purchased on this Website will not be
delivered to an address outside of Canada. ZeroGHG reserves the right to: (i)
limit the quantities of items which you, your family or any group can purchase;
(ii) reject, correct, cancel or refuse orders; and (iii) determine accounts in
its discretion including, without limitation, if ZeroGHG believes that customer
conduct contravenes applicable law, these Terms and Conditions, or is harmful
to the interests of ZeroGHG or its representatives, agents, contractors,
suppliers or licensees. ZeroGHG will use reasonable efforts to deliver items as
quickly as possible and within any time periods indicated; however, ZeroGHG
will not be responsible for delays in delivery including but not limited to
delays which are beyond its control. Where delivery is delayed, ZeroGHG will
notify you as soon as possible. In order to protect you and ZeroGHG from
fraudulent transactions, ZeroGHG may provide your transaction-related
information to a reputable third party organization to perform an address
verification. This address verification is intended to ensure that the
"bill to" address that you provide matches your credit card address. ZeroGHG
also reserves the right, at its discretion, not to ship items ordered or
purchased on this Website to certain addresses. In the event that ZeroGHG
chooses not to ship an item, you will be notified and any amount charged to
your credit card will be refunded.
Representations
and Warranties
You
understand that the Website is available for your personal, non-commercial use
only. By submitting any content to ZeroGHG or through this Website, you
represent and warrant that: (i) you are the sole author and owner of the
intellectual property rights thereto and you voluntarily waive all “moral
rights” you may have to such intellectual property; (ii) all content that you
post is accurate; (iii) you are at least 13 years old, and; (iv) use of the
content you supply does not violate these Terms and Conditions and will not
cause injury to any person or entity.
You
further agree and warrant that you shall not submit any content: (i) that is
known by you to be false, inaccurate or misleading; (ii) that infringes any
third party intellectual property rights or rights of publicity or privacy;
(iii) that violates any law, statute, ordinance or regulation (including, but
not limited to, those governing export control, consumer protection, unfair
competition, anti-discrimination or false advertising); (iv) that is, or may
reasonably be considered to be, defamatory, libelous, hateful, obscene,
discriminatory or offensive, unlawfully threatening or unlawfully harassing to
any individual, partnership or corporation; (v) for which you were compensated
or granted any consideration by any third party; (vi) that includes any
information that references other websites, physical addresses, email
addresses, contact information, advertisements, other products, offers, “spam”
content, or phone numbers, or; (vii) that contains any computer viruses, worms
or other potentially damaging computer programs or files.
Ownership
of Content
For
any content that you submit, you grant ZeroGHG a, perpetual, irrevocable,
royalty-free, transferable and fully sublicencable right and license with respect
to such content to use, produce, reproduce, copy, modify, delete in its
entirety, adapt, publish, translate, create derivative works from, sell,
communicate to the public by telecommunications, distribute, incorporate into
any form, medium or technology, each throughout the world in any media for all
purposes, including advertising and promotions, without compensation to you.
All content that you submit on or through the Website may be used at ZeroGHG's
sole discretion. ZeroGHG reserves the right to change, condense or delete any
content on the Website including but not limited to content that ZeroGHG deems,
in its sole discretion, to violate any provision of these Terms and Conditions.
ZeroGHG does not guarantee that you will have any recourse through ZeroGHG to
edit or delete any content you have submitted. ZeroGHG has the right but not
the obligation to monitor, edit, remove or refuse to post any submission or
content for any reason. You acknowledge that you, not ZeroGHG, are responsible
for the content of your submission. None of the content that you submit shall
be subject to any obligation of confidence on the part of ZeroGHG, its agents,
subsidiaries, affiliates, partners or third party service providers and their
respective directors, officers and employees. ZeroGHG takes no responsibility
and assumes no liability for any content posted or submitted by you or by any
third party.
Privacy
Use
of the Website is subject to the terms of ZeroGHG’s PrivacyPolicy, which is hereby incorporated into and made part of these
Terms and Conditions. Please carefully review ZeroGHG’s Privacy Policy. By
using the Website, you agree to be bound by the terms of our Privacy Policy.
Security
You
are prohibited from violating or attempting to violate the security of this
Website, including, without limitation: (a) accessing data not intended for
you, including logging into a server or account which you are not authorized to
access; (b) attempting to probe, scan or test the vulnerability of a system or
network to breach security or authentication measures without proper
authorization; (c) attempting to interfere with, disrupt or disable service to
any user, host or network, including, without limitation, via means of “denial
of service” attacks, overloading, “flooding”, “mailbombing” or “crashing”; (d)
forging any TCP/IP packet header or any part of the header information in any
posting; (e) disrupting network nodes or network services or otherwise
restricting, inhibiting, disrupting or impeding ZeroGHG's ability to monitor or
make the Website available, or; (f) taking any action in order to obtain
services to which you are not entitled.
Suspension
or Termination
If
ZeroGHG determines, in its sole discretion, that you are in violation of these
Terms and Conditions or at risk of violation of these Terms and Conditions, ZeroGHG
may suspend or terminate your use or access to the Website without notice to
you, and take any other action available to it at law. ZeroGHG shall not be
liable for any damages of any nature suffered by you or a third party resulting
from ZeroGHG's exercise of its rights under these Terms and Conditions.
Miscellaneous
These
Terms and Conditions constitute the entire and only Terms and Conditions
between ZeroGHG and each user of the Website with respect to the subject matter
of these Terms and Conditions. If any provision of these Terms and Conditions
are deemed unlawful, void or for any reason unenforceable by a court of
competent jurisdiction, the validity and enforceability of any remaining
provisions will not be affected. The failure of ZeroGHG to insist upon strict
adherence to any term of these Terms and Conditions shall not constitute a
waiver of such term and shall not be considered a waiver or limit ZeroGHG’s
right thereafter to insist upon strict adherence to that term or any other term
contained in these Terms and Conditions.
Feedback
If
you wish to share feedback with us about product selection, pricing, ordering,
delivery or other customer service issues, please do not submit this feedback
through a product review. Instead, contact us.