Please read these Website Terms of Use carefully before using the Emmassa Home Solutions Ltd. ("Emmassa") website. These Terms of Use are a binding contract that governs use of the Emmassa website and related services, exempts Emmassa and other persons from liability or limits their liability, specifies the jurisdiction for resolution of disputes, and contains other important provisions.
Each time you access or use the Emmassa website, you acknowledge and signify that you have read, understood, and agreed to be bound by the most current version of these Terms of Use. If you do not agree with these Terms of Use, you may not access or use the Emmassa website.
Your Acceptance of These Terms of Use
These Terms of Use are a legal agreement between you and Emmassa Home Solutions Ltd. ("Emmassa") regarding your access to and use of the Emmassa website located at www.emmassa.com and all content, information, products and services available on or through the website (collectively, the "Website"). The Website is the property of Emmassa and its licensors. Each time you access or use any aspect of the Website, you signify your acceptance and agreement, without limitation or qualification, to be bound by the most current version of these Terms of Use. If you do not agree with these Terms of Use, you may not access or use any aspect of the Website.
Changes
Emmassa may in its discretion change these Terms of Use at any time, without any prior notice to you, by posting the changed Terms of Use on the Website. The changed Terms of Use are effective immediately upon posting. It is your responsibility to check the "Last Updated" date at the top of these Terms of Use and review any changes since the last version. By using the Website after these Terms of Use have been changed, you signify your acceptance and agreement to the changed Terms of Use. You may not change, supplement or amend these Terms of Use in any manner.
Permissible Users
You may not use the Website if you are under the age of majority in the jurisdiction in which you live 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. You may not use the Website if you breach these Terms of Use or if your permission to use the Website has been suspended or terminated by Emmassa.
Permissible Use
The Website is made available to you for your lawful, personal, non-commercial use only. You may use the Website only for the purposes and in the manner permitted by the Website and subject to these Terms of Use and all applicable laws. Using the Website for any other purpose or in any other manner is strictly prohibited.
The Website and its content may not be copied, reproduced, imitated, republished, translated, uploaded, posted, publicly displayed, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, for any purpose whatsoever, without the express prior written consent of Emmassa.
You may print Website pages for your personal, non-commercial informational purposes only, provided that you do not modify any of the pages or other content and you do not remove or alter any visible or non-visible identification, marks, notices or disclaimers.
Other Terms and Conditions
Additional terms and conditions and policies (collectively, the "Other Terms and Conditions") apply to purchases of products and services through the Website and to specific portions, features or services of or offered through the Website. The Other Terms and Conditions are incorporated into and form part of these Terms of Use. If there is a conflict or inconsistency between any Other Terms and Conditions and these Terms of Use, the Other Terms and Conditions will govern regarding the specific purchase, portion, feature or service to which they apply.
Ownership of Website
The Website and its content (including all text, graphics, interfaces, images, video, sounds, music, artwork, designs, computer code, data, and other elements available on or through the Website, and the design, structure, selection, arrangement and look and feel of those items and the Website as a whole) are owned solely by Emmassa and its licensors, and are protected by Canadian and international copyright, trademark and other laws. Your use of the Website does not transfer to you any right, title or interest in, to or associated with the Website or its content.
Your Information
You will ensure that all information you provide to Emmassa, through the Website or otherwise, is true, accurate, current and complete. Emmassa will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage and additional costs that you, Emmassa or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to promptly update your information if it changes.
Communication
You authorize Emmassa to: (a) accept communications it receives from you by means of the Website as if those communications had been given directly by you in writing and signed by you; (b) disclose your communications to Emmassa's affiliates and service providers; and (c) respond to your communications through the Website, by email or other means of communication.
Communications you send to Emmassa are not effective unless and until they are processed by the responsible Emmassa representative. Emmassa may refuse to process any communications sent to Emmassa, or may reverse the processing of any communications sent to Emmassa, at any time in Emmassa's discretion, and without any notice or liability to you or any other person.
Personal Information Privacy
By using the Website you consent to the collection, use, retention, disclosure and deletion of your personal information in accordance with Emmassa's Privacy Policy as amended from time to time and as otherwise permitted by applicable law.
Trademarks
Emmassa and related logos are registered or unregistered trademarks, service marks and trade names owned or licensed by Emmassa. Other product and company names and logos appearing on the Website may be registered or unregistered trademarks, service marks or trade names of their respective owners. Any use of the trademarks, service marks or trade names displayed on the Website is strictly prohibited, and nothing appearing on the Website will be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any of those trademarks, service marks or trade names.
Feedback
If you give feedback about the Website or any Emmassa products or services to Emmassa (by direct communication or by posting comments with your feedback on the Website), then Emmassa and its suppliers and licensors and their respective successors, assigns and licensees may use and commercialize the feedback in any way and for any purpose without providing any compensation or attribution to you or any other person.
Linked Sites
For your convenience, the Website may provide links or references to other Internet sites or resources and businesses operated by other persons (collectively "Linked Sites"). Linked Sites are independent from Emmassa, and Emmassa does not endorse, and has no responsibility or liability for or control over, Linked Sites or their business, goods, services or content. Your use of Linked Sites and your dealings with the owners or operators of Linked Sites are at your own risk, and you will not make any claim against Emmassa arising from, connected with, or relating to your use of Linked Sites or your dealings with the owners or operators of Linked Sites.
Prohibited Activities
You will not: (a) circumvent the ordinary navigational structure or presentation of the Website or its content; (b) access or obtain the Website content or other data by any means that is not purposely made available to you by the Website; (c) gain unauthorized access to any part of the Website or its content, or any related system, network, service or data, by hacking, password mining or any other means; or (d) test or tamper with the security of the Website or interfere with the proper working of the Website, any transaction being conducted through the Website, or any other person's use of the Website.
Framing, mirroring, scraping or data-mining the Website or any of its content in any form and by any means is strictly prohibited. Deep links to the Website without the express written permission of Emmassa are strictly prohibited.
Disclaimer
Emmassa does not accept any liability for your use of the Website. Your use of the Website is at your own risk. To the fullest extent permitted by applicable law, the Website is provided "as is", "as available" and "with all faults", and without any representations, warranties, conditions or guarantees of any nature or kind whatsoever, whether express, implied or statutory, or arising from custom or trade usage or by any course of dealing or course of performance, including any representations, warranties, conditions or guarantees relating to accuracy, accessibility, availability, completeness, fitness for a particular purpose, merchantability, non-infringement, performance, quality, security, timeliness, or title; all of which are hereby waived by you and disclaimed by Emmassa to the fullest extent permitted by law.
Liability Exclusions, Limitations, and Indemnity
To the fullest extent permitted by law, in no event and under no circumstances will Emmassa be liable to you or any other person for any damage or loss arising from, connected with, or relating to the Website or any related matter, including your use of the Website. If notwithstanding the foregoing Emmassa is liable to you or any other person relating to the Website, then in no event will Emmassa's total aggregate liability ever exceed CDN$1.00 or the purchase price (if any) that you paid to Emmassa for a product or service that is the subject of your claim. This section applies to loss and damage however caused and to liability under any theory (including contract, tort, statute and strict liability), regardless of any negligence or other fault or wrongdoing by Emmassa or any person for whom Emmassa is responsible, even if other remedies are not available or do not adequately compensate you.
You will defend, indemnify and hold harmless Emmassa and each of its licensors, suppliers, service providers and corporate affiliates, and each of their respective directors, officers, employees, contractors, agents, shareholders, distributors, and representatives, from and against any and all losses, damages, costs, expenses (including legal fees), claims, complaints, demands, actions, suits, proceedings, obligations and liabilities arising from, connected with or relating to your use of the Website or any negligence, misconduct, or breach of these Terms of Use.
Changes to Website and Termination of Use
If you breach these Terms of Use, you may no longer use the Website. Emmassa in its discretion may: (a) change, discontinue, modify, restrict, suspend or terminate the Website or any of its content at any time without any notice or liability to you or any other person; and (b) immediately suspend or terminate your permission to access and use the Website at any time without any notice or liability to you or any other person. If your permission to use the Website is terminated for any reason, then these Terms of Use will nevertheless continue to apply and be binding upon you in respect of your prior use of the Website.
Governing Law and Disputes
These Terms of Use, your use of the Website and all related matters are and will be governed by, and construed and interpreted solely in accordance with, the laws of the Province of British Columbia, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws that would lead to the application of any other laws.
All disputes arising from, connected with or relating to these Terms of Use, your use of the Website or any related matter will be resolved before the Supreme Court of British Columbia sitting in the City of Vancouver, and you and Emmassa each hereby irrevocably submit and attorn to the original and exclusive jurisdiction of that court in respect of all disputes, except that Emmassa in its discretion may commence legal proceedings against you in the courts of any other jurisdiction seeking injunctive relief to enforce these Terms of Use and protect Emmassa's rights.
Other Matters
No consent or waiver by Emmassa to or of any breach of these Terms of Use by you will be effective unless in writing and signed by Emmassa, or will be deemed or construed to be a consent to or waiver of a continuing breach or any other breach by you. Emmassa's rights and remedies under these Terms of Use are cumulative and not exhaustive or exclusive of any other rights or remedies to which Emmassa may be lawfully entitled.
The provisions of these Terms of Use will ensure to the benefit of and be binding upon you and Emmassa and your respective successors and permitted assigns. If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, that provision will be deemed severed and the remaining provisions will continue in full force and effect. You will not assign, transfer, delegate, license, sub-license or grant these Terms of Use or your rights, duties and obligations under these Terms of Use without Emmassa's express prior written consent.
These Terms of Use set forth the entire agreement between you and Emmassa regarding the subject matter hereof, and supersede all previous communications, representations, negotiations, discussions, agreements, or understandings, whether oral or written, with respect to that subject matter.
Questions about these Terms of Use can be directed to Emmassa at info@emmassa.com or by phone at 778 898 0185.