Terms Of Use
This version in effect since February 2021.
1. Acceptance
AquaTerra provides this Website (the "Website") subject to your compliance with the Terms of Use below as well as the Privacy Policy. By accessing, using or downloading information or content from this Website you represent that you have read and understand these terms and conditions and you agree to be bound by these terms and conditions. If you do not agree to be bound by these terms and conditions, please do not access or use the features of this Website.
2. Modifications to the Terms of Use
We reserve the right to change these Terms of Use at any time. We will do so by posting revised Terms of Use on this Website. The date of the version of these Terms of Use is stated at the top of the page. Please review the Terms of Use periodically. Your continued use of this Website following the posting of changes to these Terms of Use will mean you accept those changes. We recommend that you print a copy of these Terms of Use for your records.
3. Copyright and Restrictions on Use
The materials on this Website as well as its photographs, images, layout, organization and design are copyrighted and are protected by worldwide copyright laws and treaty provisions. Material from this Website ("Materials") may not be copied, distributed, republished, uploaded, posted or transmitted in any way, without the prior written consent of AquaTerra (except you may display on your computer, download and print the contents of this Website for your personal or educational, non-commercial internal use provided that you attribute ownership of such content to AquaTerra. Modification or use of Materials for any other purpose violates copyright, trademark and other laws. Except as otherwise described, all Materials on this Website are made available only to provide information. Neither title nor intellectual property rights are transferred to you by your use or download of Materials from this Website and shall remain with AquaTerra who own full and complete title to all Materials on this Website. AquaTerra controls this Website from its location in Kingston, Ontario, Canada and makes no representation that these Materials are appropriate or available for use in other locations. If you use this Website from other locations, you are responsible for compliance with applicable local laws.
4. No Unlawful or Prohibited Use
As a condition of your use of this Website, you agree that you will not use this Website for any purpose that is unlawful or prohibited by these Terms of Use.
5. Submissions
All remarks, suggestions, ideas, graphics, data, questions or other information communicated to AquaTerra through this Website or through email (together, a "Submission") shall be owned by AquaTerra. AquaTerra will not treat any Submission as confidential or proprietary, will not be liable for the use of any ideas for its business (including without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Keg operations. Without limitation, AquaTerra will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. AquaTerra will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person. You acknowledge that you are responsible for whatever material you submit, and you, not AquaTerra, have full responsibility for the Submission, including its legality, reliability, appropriateness, originality and copyright.
6. Online Purchases
In consideration of your purchase of any items from our Website, such as Gift Cards, you agree to provide true, accurate, current and complete information about yourself as prompted (such information being the "Registration Data"). You may, but are not required to, create a AquaTerra account by selecting a user identification name and password (“AquaTerra Account”). While you may create a AquaTerra Account, our server will retain only the information you input in the account form; prior purchases are not tracked. You shall be solely responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your AquaTerra Account. You agree to (i) immediately notify AquaTerra of any known or suspected unauthorized use(s) of your AquaTerra Account, or any known or suspected breach of security, including loss, theft or unauthorized disclosure of your password or credit card information; and (ii) exit from your AquaTerra Account at the end of every purchase. You are solely responsible for all usage or activity on your AquaTerra Account, including but not limited to use by any third party authorized by you to use your AquaTerra Account. Any fraudulent, abusive or otherwise illegal activity will be grounds for termination of your purchasing privileges. AquaTerra will not be liable for any loss or damage arising from your failure to comply with this paragraph or with the rest of these Terms of Use. Access and use of password protected and/or secure areas of the Website is restricted to authorized users only. Unauthorized individuals attempting to access these areas may be subject to prosecution.
Some or all of the information you provide to facilitate any purchase from our Website will be provided to Squarespace, which will verify your credit card and personal information against its database of credit information. Squarespace verifies that your name, address, phone number and credit card number conform to the information contained in your credit history and checks your name against a database of names that are known to be associated with past fraudulent transactions. By your acceptance of these Terms of Use, you agree that your personal information may be released to Squarespace for these purposes.
No refunds or returns are offered or allowed, and lost or stolen Gift Cards or Gift Cards used without your authorization cannot be replaced or replenished. Gift Cards cannot be redeemed for cash and no change will be given. Any balance remaining on a Gift Card is available only for your next visit(s) to a AquaTerra or for use online as the card dictates.
7. Disclaimer
You acknowledge and agree that the performance of this Website and all content or services accessed from or available thereon are provided to you on an "as is" basis, without representations, warranties or conditions of any kind (to the fullest extent permissible under applicable law), express or implied, including but not limited to, all warranties, representations or conditions of merchantability, accuracy, validity, reliability, fitness for a particular purpose or non-infringement of the rights of third parties. We make no representation or warranty to you, whether expressed or implied, that our Website and any content or services accessed from or available thereon will be uninterrupted, error free or corrected in the event of discovery of any errors, free of viruses, Trojan horses, worms or other harmful components, or free from any breach of security or any damage to your computer system or loss of data that may result from accessing, downloading, or using any materials from our Website.
8. Security
You may choose to enter into credit card transactions through our Website. AquaTerra uses Stripe, a third-party service provider, to process credit card transactions. Stripe uses a secure server running secure socket layer (SSL) technology and supporting 128-Bit encryption. Refer to our Privacy Policy for further details on how your personal information is used and protected.
9. Limitation on Liability
By visiting this Website, you agree that to the maximum extent permitted by law, in no event shall AquaTerra or its shareholders, directors, officers, employees, agents or any person for whom AquaTerra is responsible be liable for any damage or loss arising from, connected with or relating to the use of this Website, whether such damages are direct, indirect, punitive, exemplary, incidental, special or consequential, even if AquaTerra has been advised of the possibility of such loss or damages or ought to have known of the possibility of such loss or damages.
10. Indemnity
You will indemnify, defend and hold AquaTerra harmless from and against any and all liabilities, expenses and costs, including without limitation reasonable legal fees and expenses, incurred by AquaTerra in connection with any claim, demand or proceeding arising out of, related to, or connected with your access to or use of the Website, your breach of these Terms and Conditions, or any wrongful conduct by you or any person for whom you are responsible under these Terms and Conditions or at law. You will assist and co-operate as fully as reasonably required by AquaTerra in the defence of any such claim, demand or proceeding.
11. Other Sites
For your convenience, this Website may contain links to other Websites which are not operated or controlled by AquaTerra ("Other Sites") that may be of interest to you. AquaTerra assumes no responsibility for the Other Sites, their business, goods, services or content (including content obtained through links on the Other Sites) and your use of the Other Sites is at your own risk. AquaTerra reserves the right to terminate any link or linking program at any time. The inclusion of any link to the Other Sites does not constitute or imply an endorsement, authorization, sponsorship or affiliation by AquaTerra of the Other Sites, or any products or services provided by such Other Sites.
13. Privacy Policy
AquaTerra collects, uses and discloses your personal information in accordance with its Privacy Policy which forms part of these Terms of Use. Please carefully review the policy.
14. Copyright and Trade-mark Notices
Nothing contained herein shall be construed as conferring, by estoppel, implication or otherwise, any license or right in respect of any trade-mark or other intellectual property right of AquaTerra or any other party. AquaTerra name and logos displayed throughout this Website and all related products and service names are the trade-names, trade-marks, service marks or registered trade-marks are licensed to AquaTerra. Any reproduction of any of these marks, names or logos without the express written consent of AquaTerra is strictly prohibited. All other trade-marks are the property of their respective trade-mark owners.
16. Termination of Right of Use
If you breach any of these Terms of Use, you may no longer use this Website. AquaTerra may, in its sole discretion, cancel or terminate your right to use this Website, or any part of this Website, at any time without notice. In the event of termination, you are no longer authorized to access this Website or the part of this Website affected by such cancellation or termination. In such event, the restrictions which these Terms of Use impose on you with respect to this Website shall still apply. AquaTerra is not liable to any party for such damages arising from such a termination.
17. Entire Agreement
These Terms of Use, including the terms of the Privacy Policy, constitute the entire agreement (this "Agreement") between you and AquaTerra relating to your access and use of this Website, and supersedes all previous agreements, written, oral or otherwise, between you and AquaTerra with respect to your access and use of the Website. AquaTerra’s failure to insist upon strict performance of any provision of this Agreement does not mean that AquaTerra is waiving any of its rights under this Agreement.
18. Governing Law and Jurisdiction
This Agreement is governed by and is to be interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, notwithstanding any principles of conflict laws or choice of law.
19. Miscellaneous
If a court determines that any of the provisions contained in this Agreement are unlawful, void, invalid or for any reason unenforceable, then that provision will be deemed to be severed from the rest of this Agreement and will not affect the validity and enforceability of any remaining provisions.
This Agreement ensures to the benefit of and is binding upon AquaTerra and its respective successors and assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives. You may not assign this Agreement or your rights and obligations under this Agreement without the express prior written consent of AquaTerra, which may be withheld in AquaTerra’s absolute discretion. AquaTerra may assign this Agreement and its respective rights and obligations under this Agreement without your consent.
CONTACT US
For more information about our terms of use and privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at info@aquaterrakingston.com or by mail using the details provided below:
AquaTerra
1 Johnson St Kingston, ON K7L 5H7
Canada