PLEASE READ THE TERMS AND CONDITIONS BEFORE USING THE SITE
The following terms and conditions govern and apply to your use of or reliance on the site maintained by NAXELLA (the ” site “).
By accessing or browsing the site, you declare that you have read and understood the terms and conditions of use and that you are bound by them. Please note that we may change the terms and conditions of use at any time without notice. Your continued use of the site will be deemed your acceptance of the revised terms and conditions.
All intellectual property on the site is owned by us or our licensors and includes all copyrighted material, trademarks and patents. All trademarks are owned, registered and/or licensed by us. All content on the site including, but not limited to, text, software, code, design, graphics, photos, sounds, music, videos, applications, interactive features and other content, is a collective work under Canadian or other copyright law and is the property of NAXELLA. The materials on this site may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed or modified, in whole or in part, whether in text, graphical, audio, video or executable form, without our written permission. All rights reserved.
We may provide you with certain information as a result of your use of the site, including, but not limited to, documents, data or information developed by us, or any other items that may assist you in using the site or services (the ” Company Content “). The Company Content may not be used for any purpose other than the use of the site and the services offered on the site. Nothing herein shall be construed as granting you any license or intellectual property rights.
If your use of the Site requires an account identifying you as a user of the Site (a ” user account “) :
a) you are solely responsible for your user account, for maintaining the confidentiality and security of your user account and all passwords associated with your user account, and for the activities of any person who has access to your account with or without your permission ;
b) you agree to immediately notify us of any unauthorized use of your user account, services provided through your user account, any password related to your user account, or any other breach of security of your user account or services provided through your user account, and you agree to assist us, as we may request, to stop or remedy any breach of security related to your account ; and
c) you agree to provide true, accurate and current user information as we may request from time to time, and you agree to notify us of any changes to your user information as required to keep the information we hold true, accurate and current.
When you make a purchase on the site, you agree to provide a valid payment instrument. Please pay attention to the transaction details as the total price may include taxes, fees and shipping costs for which you are responsible.
When you provide us with a payment instrument, you declare that you have permission to use that payment instrument. When you make a payment, you authorize us and the payment service we use to charge the total amount to the payment instrument you have designated for the transaction. You also authorize us to collect and record this payment instrument and any other information related to the transaction.
If you pay by debit or credit card, we may obtain a pre-authorization from the card issuer for up to the full amount of the transaction. If you choose to cancel a transaction before it is completed, the funds used for the pre-authorization may not be immediately available in your account.
We reserve the right to cancel any transaction if we are of the opinion that the transaction violates these terms and conditions or if we are of the opinion that by doing so we can prevent a financial loss.
In order to prevent financial loss, we may contact the issuer of your payment instrument, law enforcement authorities or any affected third party (including other users) and may share details of any payments you are associated with if we believe that such action may prevent financial loss or a breach of the law.
We may sell goods or services. We are committed to being as accurate as possible with respect to all information about goods and services, including product descriptions and product images. However, we do not guarantee the accuracy or reliability of any product information and you acknowledge and agree that the purchase of such products is at your own risk.
You agree to ensure payment for all items you may purchase on the site, and you acknowledge and agree that prices are subject to change. When purchasing a physical product, you agree to provide us with a valid e-mail address, shipping address and billing information. We reserve the right to refuse or cancel any order for any reason, including error or omission in the data you provide. If payment has already been processed, we will refund the purchase price. We may request additional information from you before confirming the sale and we reserve the right to place any additional restrictions on the sale of our products. For the sale of physical goods, we may pre-authorize your debit or credit card at the time you place the order, or we may charge your card at the time the order is shipped. You agree to monitor your payment instrument. Shipping and delivery costs and estimated delivery dates are subject to change due to unforeseen circumstances.
For any question or dispute, you agree to contact us in a timely manner at the following email address: support@naxella.com
Through the site and its services, we may engage in affiliate marketing activities for which we receive a commission or percentage of sales. We may also accept advertising or sponsorships from commercial enterprises or receive other forms of advertising compensation.
You agree not to use the Site for any unlawful purpose or any purpose prohibited by this clause. You agree not to use the site in any way that may be detrimental to NAXELLA’s site, services or business.
You also agree not to use the site for the following purposes :
a) harass, abuse, threaten or otherwise violate the rights of any person ;
b) infringe the intellectual property of NAXELLA or any other third party ;
c) upload or transmit computer viruses or any other software that may damage the property of NAXELLA or others ;
d) commit fraud ;
e) create or participate in gambling activities, lotteries or illegal pyramid schemes ;
f) publish or distribute obscene or defamatory material ;
g) publish or distribute any material that incites violence, hatred, or discrimination against any group ; and/or
h) unlawfully collect information about others.
By using our site, you may provide us with certain information. By using the site, you authorize us to use your information in Canada and in any other country in which we may operate.
When you register for a user account, you provide us with a valid e-mail address and may also provide us with certain additional information, such as your name and/or billing information. Depending on how you use our site, we may also receive information from external applications that you use to access our site or we may receive information about you through various web technologies such as cookies, logs, web beacons (also known as ” invisible GIFs “), tags and the like.
We use the information collected from you to ensure that you have a good experience on the site. We may also track some of the passive information we receive to improve our marketing and analytics, and may work with third-party suppliers to do so.
If you wish to block our access to any passive information we receive from the use of various technologies, you may choose to disable cookies in your web browser. Please be aware that we will still receive information about you that you provide to us, such as your e-mail address.
If you choose to terminate your account, we will store and retain your information for the following period of time: 1 year. After that time, all information about you will be deleted.
You cannot take any of the following actions :
a) reverse engineer or disassemble any code or software on or from this site ;
b) violate or attempt to violate the security of the Site by any unauthorized access, circumvention of encryption or any other security tool, data mining or interference with any host, user or network.
We are not responsible for the security of your user account or the content of your account. Use of the site is at your own risk.
You agree to defend, indemnify and hold harmless NAXELLA and its affiliates from and against any and all claims, actions or demands, including attorneys’ fees, arising out of or relating to your use or misuse of the Site, your violation of these Terms or your conduct and actions. If we choose to do so, we will select our own attorney and participate in our own defense.
You are strictly prohibited from using the Site or any services offered on the Site for illegal spam-related activities, including collecting addresses and personal information from others or sending mass commercial e-mail.
We may publish links to third-party sites or services. We are not responsible for any damage or loss arising from the use of third-party services linked to our site.
If any provision of these Terms of Use is held to be unlawful, void or unenforceable in whole or in part, the unenforceable portion shall not affect the validity and enforceability of any remaining provisions of these Terms of Use.
It may be necessary for us to interrupt your access to the Site in order to carry out unplanned maintenance or emergency work. You agree that your access to the Site may be affected by unplanned or unanticipated downtime for any reason whatsoever, and that we will not be liable for any damages or losses arising from such downtime.
We may suspend, limit or terminate your user account and your use of the Site at our sole discretion, at any time, without notice and for any reason whatsoever, including the operation or efficiency of the Site or any equipment or network owned by us or any third party which is interfered with by your use or misuse of the Site or if you have been or are currently in breach of any of the terms hereof. We shall have no liability to any third party, including any third party supplier, for any suspension, limitation or termination of your access to the Site.
While we have made reasonable efforts to ensure that the content of this site is accurate, we cannot guarantee that it is error-free, up-to-date or complete. In no event shall we be liable for any damages whatsoever resulting from any errors on the site.
We accept no responsibility for any damage arising from misuse of the site content. Nor can we guarantee that the site will be available without interruption, error or omission, or that defects will be corrected. Nor can we guarantee that the site and the servers that make it available are free of viruses or harmful components. The site and its content are provided ” as is ” and ” as available ” without representations, warranties or conditions of any kind, either express or implied.
If you choose to subscribe to any services or features of the Site that require subscription, you agree to provide accurate and current information about yourself as required by the relevant registration or subscription process, and to ensure its accuracy by making necessary updates as soon as practicable. You agree to maintain the confidentiality of any passwords or other account identifiers which you choose or are assigned at the time of registration or subscription on NAXELLA or its partners and to accept responsibility for all activities that occur under such passwords or accounts. You further agree to notify us of any unauthorized use of your password or membership account. We shall not be responsible or liable, directly or indirectly, for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this provision.
You agree that we may, in our sole and absolute discretion, and without prior notice to you, suspend, cancel or terminate your account, your use of or access to the Site or any of its services, and remove and discard any information or content related to the Site or any of its services (and terminate your use thereof), for any reason, including if we believe that you have violated these Terms. You further agree that we shall not be liable to you or to any other person as a result of any such suspension, cancellation or termination. If you are dissatisfied with NAXELLA or any of its services, or with any of these terms, rules, policies, guidelines or our practices relating to the operation of NAXELLA or any of its services, your sole remedy is to discontinue using the site or service in question.
Communications via the Internet are subject to interception, loss or alteration, therefore you acknowledge that information or material which you provide electronically through your access to or usage of this site is not confidential or proprietary, except as may be required under applicable law, and that unprotected e-mail communication over the Internet is subject to possible interception, alteration or loss.
In no event will we be liable for any damages you may suffer as a result of your use of the site, to the fullest extent permitted by law. NAXELLA’s maximum liability arising from your use of the site is limited to one hundred (100) Canadian dollars or the amount paid to NAXELLA in the last six months, whichever is greater. This applies to any claim including, but not limited to, loss of profits or revenue, consequential or punitive damages, negligence, civil liability or fraud of any kind.
If you have any questions or require further information, please contact us at admin@naxella.com.
