PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING
THIS WEBSITE.
Your use of barbados1water.com (the "Website") is expressly
conditioned on your acceptance without modification of the following
terms and conditions (the "Terms and Conditions").If you accept these Terms and Conditions, click on the "I Accept"
button below. That action is the equivalent of your signature and
indicates your acceptance of these Terms and Conditions and that
you intend to be legally bound by them. If you do not agree with
them, please click on the "Back" button of your browser or click
on the "Cancel" button below to exit this Website.
Note that all of the Terms and Conditions below are subject to the
laws of the place where you live, and some of them might not be
binding on you under those laws.
Aquanty Inc. ("Aquanty") may, in its sole discretion and for any
reason, modify, supplement or amend these Terms and Conditions without
any notice or liability to you or any other person, by posting revised
Terms and Conditions on the Website. Your continued use of the Website
signifies your acceptance of any revised Terms and Conditions, so
check back frequently to read the most recent version.
Ownership
The Website URL, its design, all text, graphics, content, video, audio
and the selection and arrangement of the Website are the property of
Aquanty, and/or its various subsidiaries, affiliates, third party
providers and distributors ("Third Parties"), and are protected
under the copyright laws of Canada and other countries. None of the
content found on the Website may be reproduced, republished,
distributed, displayed, sold, transferred, or modified without the
express written permission of Aquanty or the applicable Third Parties.
The Website, and all other related trademarks and design marks
displayed on the Website (collectively, the "Trademarks") are
registered and common law trademarks of Aquanty. Other trademarks and
design marks appearing on the Website are trademarks of their
respective owners. Nothing contained on the Website should be
construed as granting, by implication or otherwise, any license or
right to use any trademarks, including the Trademarks, except with the
express written permission of Aquanty or the other party that may own
the applicable trademarks.
Copyright
All content included on this website, such as text, graphics, logos,
button icons, images, audio clips, digital downloads, data
compilations, and software, is the property of Aquanty or its content
suppliers and protected by Canadian and international copyright laws.
The compilation of all content on this Website is the exclusive
property of Aquanty and protected by Canadian and international
copyright laws. All software used on this Website is the property of
Aquanty or its software suppliers and protected by Canadian and
international copyright laws.
Use of site
You may use this website only if you are a resident of Canada or the
United States have reached the age of majority where you live, and can
form legally binding contracts under applicable law. You may not use
this Website if you live in a jurisdiction where access to or use of
the Website or any part of it may be illegal or prohibited. It is
solely your responsibility to determine whether your use of this
Website is lawful, and you must comply with all applicable laws.
Neither the Website nor its contents may be, in whole or in part,
copied, reproduced, republished, uploaded, posted, transmitted or
distributed without the written permission of Aquanty, except that you
may download, display and print the content presented on the Website
for your personal, non-commercial use only. Unauthorized use of the
Website and/or the content contained on the Website may violate
applicable copyright, trademark or other intellectual property laws or
other laws. You must retain all copyright and trademark notices,
including any other proprietary notices, contained within the content
on this website. The use of that content on any other website or in
any environment of networked computers is prohibited. You are not
permitted to engage: (i) in any resale or commercial use of the
Website or its contents; (ii) any collection and use of any product
listings, descriptions, or prices; (iii) any derivative use of the
Website or its contents; (iv) any downloading or copying of account
information from the Website for the benefit of another merchant; or
(v) any use of data mining, robots, or similar data gathering and
extraction tools on the Website.
In its sole discretion, in addition to any other rights or remedies
available to Aquanty and without any liability whatsoever, Aquanty may
at any time and without notice terminate or restrict your access to
any component of the Website.
User Name and Password
Your Website account may be accessed only by use of your login name
and password. You are solely responsible and liable for any use and
misuse of your login name and password and for all activities that
occur under your login name and password. For security reasons, you
must keep your login name and password confidential and not disclose
them to any person or permit any other person to use them, except an
authorized representative of Aquanty. Aquanty recommends that you
choose a password that is unique to you and not easily guessed by
others. You should change your password on a regular basis, and you
must log out at the end of each session.
All login names and passwords remain the property of Aquanty, and may
be cancelled or suspended at any time by Aquanty without any notice or
liability to you or any other person. Aquanty is not under any
obligation to verify the actual identity or authority of the user of
any login name or password.
You must immediately notify Aquanty of any unauthorized use of your
login name or password, or if you know or suspect that your login name
or password has been lost or stolen, has become known to any other
person, or has been otherwise compromised.
Privacy
You have read Aquanty's
Privacy Policy,
the terms of which are incorporated into these Terms and Conditions,
and you agree that the terms of that policy are reasonable. You
consent to the collection, use and disclosure of your personal
information by Aquanty in accordance with the terms of and for the
purposes set out in Aquanty's Privacy Policy.
Liability Disclaimer – READ THE FOLLOWING CAREFULLY
Except as explicitly provided in these Terms and Conditions, as
amended from time to time, Aquanty and the Third Parties make no
representations or warranties of any kind, express or implied,
regarding the Website and/or any content, products or services
provided on the Website, all of which are provided on an "as is" and
"as available" basis. Aquanty expressly disclaims all warranties and
conditions with respect to this Website, its content or data, and any
products or services offered on the Website, including without
limitation all implied warranties or implied conditions of
merchantability, fitness for a particular purpose, title and
non-infringement, and those arising by statute or otherwise in law or
from a course of dealing or usage of trade.
Aquanty and the Third Parties do not warrant or guarantee: (i) the
accuracy, completeness, correctness, currency, reliability,
timeliness, usefulness or suitability of the Website or any of the
information, content or data downloaded, found or otherwise obtained
from the use of the Website; (ii) the results that may be obtained
from the use of this Website or the information, content or data
obtained from this Website; (iii) that the use of this Website or any
information, content or data on this Website will meet any user
requirements; (iv) that access to the Website will be uninterrupted,
timely, secure or error-free; or (v) that the information, content,
data and other materials available from the Website will be free of
infections, viruses, worms, Trojan horses or other code that could be
harmful to your computer system.
You acknowledge and agree (i) that your use of this Website and any
material, information or data downloaded or otherwise obtained through
the use of this Website is at your sole discretion and risk, and (ii)
that you are solely responsible for any damage you may sustain,
whether relating to (a) your computer system, or any loss of data that
results from the download of any material, information or data, or (b)
your reliance on any information or data obtained as a result of your
use of this Website, or (c) any other form of damage that may be
incurred. In no event will Aquanty or the Third Parties be liable for
the conduct of users of this Website.
Maximum Liability
If Aquanty or any of the Third Parties should be found liable for any
loss or damage which arises out of or is in any way connected with any
of the functions or uses of the Website or its content, or any of the
products or services offered on the Website, the liability of Aquanty
and the Third Parties will in no event exceed in the aggregate the
amount paid by you under these Terms and Conditions for the specific
product or service to which the loss or damage relates.
In no event will Aquanty or any of the Third Parties be liable for any
direct, indirect, punitive, special, incidental, exemplary or
consequential damages, damages for loss of use, data, information, or
profits or business interruption, or any other damages whatsoever
arising out of or in any way related to the use or performance of this
Website, any linked website, or any information, content or data,
obtained through this Website, or otherwise arising out of your use or
inability to use this Website or any decision made or action taken by
you in reliance on any information or materials provided on this
Website, and/or any errors or omissions in such content, whether such
damages are based in tort, contract, negligence, strict liability or
otherwise, even if Aquanty has been advised of the possibility of such
damages.
Indemnification
You will indemnify, defend and hold harmless Aquanty and the Third
Parties and their respective officers, directors, employees,
consultants, representatives and agents from and against any losses,
claims, damages, causes of action or demands, including without
limitation reasonable legal, accounting and other professional fees,
arising from or related to: (i) your use of and reliance on the
Website; (ii) your use of and reliance on any material, information,
data, or other content downloaded or otherwise obtained from the
Website; or (iii) your violation of these Terms and Conditions.
Accuracy of Information
Aquanty relies on the information you provide through this Website,
including registration information (name and email address), payment
information (credit card numbers and expiration dates), and
transaction-related information, which must be true, accurate, current
and complete. You will be solely responsible and liable for any and
all loss, damage, and additional costs that you, Aquanty or any other
person may incur as a result of your submission of any false,
incorrect or incomplete information or your failure to update your
registration information and payment information within 30 days of any
change.
Links/Software
The Website contains links to websites owned or operated by other
entities which are not associated or affiliated with Aquanty or the
Third Parties. These links are provided solely as a convenience to you
and the inclusion of any link does not imply endorsement,
investigation or verification by Aquanty or the Third Parties of the
linked website or information contained in the linked website, or of
their security or privacy practices. Aquanty and the Third Parties
will not be responsible for the content of any other linked websites
and makes no representation or warranty regarding any other websites
or the contents on those websites. If you decide to access other
websites, you do so at your own risk.
Linking to any other website is at your sole risk and Aquanty will not
be responsible or liable for any damages in connection with such
linking. In addition, Aquanty does not endorse or approve of any
websites linked from or to the Website, except for other websites
operated by Aquanty.
You may not gather, extract, reproduce and/or display on any other
non-Aquanty website or other online service, any material on or from
the Website, whether or not by the use of spiders or other ‘screen
scraping' software or system used to extract data without the express
consent of Aquanty.
If you download any software, Aquanty is not responsible or liable for
any difficulties or consequences associated with downloading that
software. The use of any downloaded software is governed by the terms
of the applicable license agreement, if any, which accompanies that
software or is provided with that software or is in these Terms and
Conditions.
Survival
The provisions above that follow the heading "Liability Disclaimer"
will survive the termination of your access to the Website.
Relationship Between the Parties
The relationship between Aquanty and you will be that of independent
contractors, and neither party nor any of their respective officers,
agents or employees will be held or construed to be partners, joint
ventures, fiduciaries, employees or agents of the other as a result of
these Terms and Conditions or your use of the Website.
Governing Laws, Jurisdiction
These Terms of Use are governed by the laws of the Province of Ontario
and the laws of Canada applicable therein without regard to any
conflict of laws provisions. You expressly consent that the exclusive
jurisdiction of the courts located in Waterloo, Ontario with respect
to any dispute arising under these Terms and Conditions, unless
otherwise agreed by Aquanty in its sole discretion.
Interpretation
The headings used in these Terms and Conditions are included for
convenience only and will not limit or otherwise affect these Terms
and Conditions.
These Terms and Conditions will be severable. In the event that any
provision is determined to be unenforceable or invalid, that provision
will nonetheless be enforced to the fullest extent permitted by
applicable law, and that determination will not affect the validity
and enforceability of any other remaining provisions of these Terms
and Conditions.
Any waiver of any provision of these Terms and Conditions will be
effective only if in writing and signed by Aquanty and only applicable
to the specific incident and occurrence so waived. The failure by
Aquanty to insist upon the strict performance of these Terms and
Conditions, or to exercise any term hereof, shall not act as a waiver
of any right, promise or term, which shall continue in full force and
effect. These Terms and Conditions will inure to the benefit of
Aquanty's successors and assigns.
Entire Agreement
These Terms and Conditions, together with any rules, policies or
guidelines posted on the Website by Aquanty or incorporated or
referred to herein, constitute the entire agreement between you and
Aquanty with respect to the subject matter hereof, and supersedes any
prior agreements, understandings, negotiations and discussions,
whether electronic, oral or written, regarding the subject matter of
these Terms and Conditions, and may not be amended or modified except
by Aquanty. No party has been induced to enter into these Term and
Conditions in reliance on, and there will be no liability assessed,
either in tort or contract, with respect to, any warranty,
representation, opinion, advice or assertion of fact, except to the
extent it has been reduced to writing and included in these Terms and
Conditions or a document incorporated or referred to in these Terms
and Conditions.
Electronic Communications
When you visit the Website or send e-mails to Aquanty, you are
communicating with Aquanty electronically. You consent to receive
communications from Aquanty electronically. Aquanty will communicate
with you by e-mail or by posting notices on this Website. You agree
that all agreements, notices, disclosures and other communications
that Aquanty provides to you electronically satisfy any legal
requirement that such communications be in writing.
Business Name and Business Ownership
The legal business name of Aquanty is Aquanty Inc. Please direct
enquiries to Aquanty's registered business address at: 600 Weber
Street North, Unit B, Waterloo, ON, Canada N2V 1K4; or by telephone at
1-519-279-1080.
English Language
The parties have requested that these Terms and Conditions and all
documents contemplated by these Terms and Conditions be drawn up in
English. Les parties aux présentes ont exigé que cette entente et tous
autres documents envisagés par les présentes soient rédigés en
anglais.
