TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. Your use of this site is expressly conditioned on your acceptance of the following terms and conditions. By using this site, you signify your agreement to these terms and conditions. If you do not agree with any part of the following terms and conditions, you must not use the site.
1. OWNERSHIP. This site, and each of its components, is the copyrighted property of American Aires Inc. (“AMERICAN AIRES”), and its affiliates. Portions of the content found on this site may be owned by third party providers and distributors and is the copyrighted work of the respective third party providers. None of the content or data found on this site may be reproduced, republished, distributed, sold, transferred, or modified without the express written permission of AMERICAN AIRES. In addition, the trademarks, logos and service marks displayed on this site (collectively, the “Trademarks”) are registered or common law Trademarks of AMERICAN AIRES, their affiliates, and various third parties. Nothing contained on this site should be construed as granting by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the written permission of AMERICAN AIRES or such other party that may own the Trademarks.
2. USE OF SITE. You may only use this site to browse the content, make inquiries to AMERICAN AIRES, place an order for AMERICAN AIRES product(s) and not for any other purposes. This site and the content provided in this site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of AMERICAN AIRES, except that you may download, display and print one copy of the materials presented on this site on a single computer for your personal, non-commercial use only. “Deep-linking”, “embedding” or using analogous technology is strictly prohibited unless specifically authorized in writing. Unauthorized use of this site and/or the materials contained on this site 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 in the materials. The use of such materials on any other web site or in any environment of networked computers is prohibited. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
3. AGE AND RESPONSIBILITY. You represent that you are of sufficient legal age to use this site and to create binding legal obligations for any liability you may incur as a result of the use of this site. You understand that you are financially responsible for all uses of this site by you and those using your login information.
5. EXCLUSION OF WARRANTY. AMERICAN AIRES AND ANY THIRD PARTY PROVIDERS AND DISTRIBUTORS MAKE NO WARRANTY OF ANY KIND REGARDING ANY PRODUCTS OR THIS SITE OR OTHER MATERIALS PROVIDED ON, OR PURCHASED THROUGH, THIS SITE, ALL OF WHICH ARE PROVIDED ON AN “AS IS” BASIS. AMERICAN AIRES AND ANY THIRD PARTY PROVIDERS AND DISTRIBUTORS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY, EFFECTIVENESS, USEFULNESS OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE, AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS IN RESPECT OF THE PRODUCTS OR OTHER MATERIALS INCLUDING THE PRODUCTS OR OTHER MATERIALS PROVIDED ON, OR PURCHASED THROUGH, THIS SITE, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
6. LIMITATION OF LIABILITY. AMERICAN AIRES’ AND ITS DISTRIBUTORS’ LIABILITY IN ANY CASE IS LIMITED TO A REFUND OF THE PURCHASE PRICE (SUBJECT TO TERMS OF AMERICAN AIRES’ REFUND POLICY), EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.
7. SUBMISSIONS. “Submissions” means all comments, feedback, suggestions, photos, e-mail and similar information or materials that you submit to AMERICAN AIRES regarding the services of AMERICAN AIRES. Submissions will not be confidential and will become the property of AMERICAN AIRES upon submission to AMERICAN AIRES. By providing any such Submissions, you agree to assign to AMERICAN AIRES, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. You represent and warrant that any Submission you provide to AMERICAN AIRES will be complete and accurate. You acknowledge that you are responsible for the Submissions that you provide, and that you, not AMERICAN AIRES, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright. AMERICAN AIRES does not pre-screen or monitor any Submissions as a matter of policy.
9. RELATIONSHIP. Your use of this site is independent of AMERICAN AIRES and not as an employee, agent, partner, or joint venturer with AMERICAN AIRES for any purpose.
10. GOVERNING LAW. This Agreement and its performance shall be governed by the laws of the Province of Ontario, and the applicable laws of Canada. You consent and submit to the exclusive jurisdiction of the Provincial courts of Ontario, in the country of Canada, in all questions and controversies arising out of your use of this site and this Agreement.
11. ASSIGNMENT. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
12. MODIFICATION. AMERICAN AIRES may at any time modify these terms and conditions and your continued use of this site will be conditioned upon the terms and conditions in force at the time of your use.
13. ADDITIONAL TERMS. Additional terms and conditions may apply to reservations, purchases of goods and services and other uses of portions of this site, and you agree to abide by such other terms and conditions.
14. SEVERABILITY. These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
15. HEADINGS. The heading used in these Terms and Conditions are included by convenience only and will not limit or otherwise affect these Terms and Conditions.
American Aires Inc. (“Aires”, “we”, “us”, “our”) sells through its website, www.airestech.com (the “Site”), electromagnetic radiation protection devices to consumers based on their interests or needs (“Customers”).
Curate understands that protecting the privacy and confidentiality of information is important to its Customers and endeavours to only collect, use, and disclose personal information in conformity with the Personal Information Protection and Electronic Documents Act (the “Act”) and any other similar and applicable legislation.
PART I: CUSTOMER INFORMATION:
- Customer Information Collected:
- What information is collected:
Aires may collect personally identifiable information about Customers when they use or purchase products from the Site. The Customer information we collect includes, but is not limited to, the following:
- Full name;
- Mailing address;
- Phone number;
- Credit card information.
- Log Information, including the date and time, time zone, and session start/stop time and cookie information
- Inferred geo-location of your log-in position, including the country, region, city, postal code, latitude and longitude, which may be derived from, for example GPS, WiFi or other geo-location data
- Referring URL, network connection used (ie: WiFi, cellular)
- Information about ads viewed or clicked on, such as the type of ad, where the ad was served, whether you clicked on it and whether you visited the advertiser’s website or purchased the product or service attached.
- How is the information used/shared:
Any of the information collected may be used in any of the following ways:
- To process transactions
Any private information about an identifiable individual will not be sold, exchanged, transferred, or given to any third party for any reason whatsoever, without your consent, other than for the express purpose of completing a sales transaction and delivering the product purchased or service requested.
- To administer a contest, promotion, survey or other site feature
Information may be required to enter into a contest, survey, or to take advantage of a special promotion through the Site.
iii. To send periodic emails
Information may be required to facilitate the completion of an online order (order confirmation, tracking etc.) and may also be used to send occasional emails regarding sales promotions, company and product updates, product information, etc. If Customers do not wish to any emails from Aires they may unsubscribe from receiving future emails by following instructions at the bottom of any email sent by Aires.
- How long is the information stored?
Aires will store personal information provided through its website for [enter time period] or until a Customer notifies Aires that it does not consent to the collection, use, or disclosure of such personal information.
- Does Aires use web beacons/Cookies?
Cookies are small files that websites place on your computer as you browse the web. A pixel is a small amount of code on a web page and is often used in connection with cookies. Most web browsers automatically accept cookies. You can instruct your browser, by changing its settings, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. However, some sites may not function properly if you disable cookies.
- Do we disclose any personal information to third parties?
Aires will not sell, trade, or otherwise transfer to third parties the personal and identifiable information of its Customers or those who use the Site. Aires may collect certain information and disclose it to third parties only for the purposes of understanding Aires’ Customers and Site traffic and for any other legitimate business purpose. Upon such permitted disclosure, personal information will be kept strictly confidential. Aires retains the right to disclose personal information without knowledge or consent under section 7(3) of PIPEDA. Aires may disclose personal information which is non personal or which is not personally identifiable.
- Access to Personal Information
Any person is entitled to access any information that is related to them as an identifiable individual. In order to request access to such personal information please contact our Chief Privacy Officer at firstname.lastname@example.org. American Aires will endeavour to respond to any request and furnish any personal information within 30 days at no cost to you.
- Withdrawing Consent
If any person is worried about any personal information collected through the use of this Site, they may withdraw their consent and ask that any personal information collected by American Aires be destroyed contacting our Chief Privacy Officer at email@example.com. American Aires will endeavour to respond to any such request and destroy any such personal information within 30 days.
Part II: Miscellaneous
We encourage parents and guardians to spend time online with their children and to participate and monitor the interactive activities of their children. We will never knowingly collect any personal information about individuals under eighteen (18) years of age. If we obtain actual knowledge that it we have collected personal information about an individual under eighteen (18) years of age, that information will be immediately deleted from this database.
- Governing Law and Attornment
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