PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE OR THE AQUA Q APP.
These Terms and Conditions govern your use of this website (www.aquaq.ca) (the “Website”) and the Aqua Q mobile application (the “App” and collectively the “Aqua Q Sites”) provided by AP Infrastructure Solutions LP, 3300 Hwy 7 West, Suite 500, Concord, ON, Canada, L4K 4M3 (“Aqua Q”, “us”, “we”, “our”). If you do not accept the Terms and Conditions stated here, do not use the Aqua Q Sites. By using the Aqua Q Sites, you are indicating your acceptance to be bound by these Terms and Conditions and Aqua Q’s Privacy Statement.
Aqua Q may revise these Terms and Conditions or its Privacy Statement at any time by updating such posting. You should visit this page periodically to review the Terms and Conditions and the Privacy Statement, because they are binding on you. The terms “you” “your” and “user(s)” as used herein refer to all individuals and/or entities accessing and using the Aqua Q Sites for any reason.
The Website and App are online services. You hereby consent to the exchange of information and documents between you and Aqua Q over the internet or by email and that these Terms and Conditions (together with any applicable Order Confirmation(s)) in electronic form shall be the equivalent of an original written paper agreement between us. You further agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Aqua Q may send you marketing and other promotional electronic communications. You may opt-out from receiving marketing-related communications from Aqua Q by clicking “unsubscribe” from the communication or by emailing Aqua Q at: firstname.lastname@example.org.
App – Updates and Upgrades
This section applies to users of the App. By downloading the App, you consent to the installation of the App and to its future updates and upgrades. You can withdraw your consent at any time by uninstalling the App. To request assistance in the removal or disabling of the App, please contact us at AP Infrastructure Solutions LP, 3300 Hwy 7 West, Suite 500, Concord, ON, Canada, L4K 4M3, email@example.com.
You acknowledge, understand and agree that the App (including any updates or upgrades) will (i) cause your device to automatically communicate with our servers to deliver the App's functionality (as described here or in the iTunes or Google Play store ) and to record usage metrics, (ii) affect app-related preferences or data stored in your device, and (iii) collect personal information as set out in our Privacy Statement.
The use, including any updates or upgrades, of the App may incur data charges from your telecommunications services provider. Aqua Q is not responsible for such charges. You may also adjust your device settings to limit usage to wifi.
The Aqua Q Sites may include features that allow users to make online purchases, for example users of the App can order Aqua Q products for their project. In addition to these Terms and Conditions, products and services for purchase may be subject to other terms, including product specifications and pricing details. This information will be disclosed through the Aqua Q Sites as well as provided to you by invoice and/or a confirmation e-mail (the “Order Confirmation”) and collectively with these Terms and Conditions, form your purchase agreement.
Aqua Q strives to provide accurate information about its products and services, including any related pricing, but errors may occur. Aqua Q reserves the right to correct any errors in pricing and to modify the prices of its products and services at any time, without prior notice. Aqua Q cannot confirm prices until after you submit your order. Unless otherwise indicated, prices advertised on Aqua Q Sites are in Canadian Dollars.
Without limiting the generality of these Terms and Conditions, in the event that the Aqua Q Sites and/or Order Confirmation you receive is incorrect due to an error in pricing or otherwise, Aqua Q may, in our sole discretion, refuse or cancel your order, whether before or after Aqua Q’s acceptance thereof. If there is such an error in pricing, we will cancel your order and reverse any charges that have been applied. We will then contact you to ask you to place a new order at the correct price or discuss other available options.
When you use the Aqua Q Sites and purchase our products or services, you authorize Aqua Q (and/or our service providers) to either (i) invoice you at the information you provide or (ii) process your order through our consignment option. By using Aqua Q Sites, creating an account and submitting your order, you authorize Aqua Q to invoice you the advertised price plus any applicable taxes or fees.
All purchases and payments made through the Aqua Q Sites are non-refundable.
Aqua Q grants to you a limited, revocable license to view, display on your device, print, download, link and use the Site Content that is made available to you through the Aqua Q Sites provided that: (a) you do not modify any such Site Content; (b) you do not remove the associated copyright notice; and (c) you do not use Aqua Q Sites or any Site Content for any commercial purpose other than to transact with Aqua Q. No other use is permitted. Without limiting the generality of the foregoing, you may not: (i) include the Site Content in or with any product that you create or distribute; or (ii) copy such content onto your or any other website. Notwithstanding the above, nothing contained in this license shall be construed as conferring any right under any copyright of Aqua Q or any other person who owns the copyright in Site Content provided on the Aqua Q Sites.
The trademarks and trade names appearing on the Aqua Q Sites are owned by or licensed to Aqua Q. The display of trademarks or trade names on the Aqua Q Sites does not convey or create any license or other rights in these marks or names. Any unauthorized use of them is strictly prohibited.
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR CONDITIONS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
EXCEPT TO THE EXTENT REQUIRED BY LAW, THE INFORMATION, PRODUCTS AND SERVICES ON THE SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. ARMTEC SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SITE CONTENT OF THE AQUA Q SITES (INCLUDING ANY INFORMATION, IMAGES, PHOTOS, VIDEO, MATERIAL OR DOWNLOADABLE CONTENT ACCESSED FROM OR THROUGH THE AQUA Q SITES) WILL BE ACCURATE, UNINTERRUPTED, OR FREE FROM ERRORS, DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS, THAT VIRUSES OR ERRORS WILL BE CORRECTED, OR THAT THE AQUA Q SITES OR SERVER UPON WHICH IT RESIDES ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL COMPONENTS. YOUR USE OF THE AQUA Q SITES IS COMPLETELY AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES WILL AQUA Q, ITS AFFILIATED COMPANIES, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED TO THE USE OF THE AQUA Q SITES, THE MATERIALS OR SITE CONTENT ON THE AQUA Q SITES, A DELAY OR INABILITY TO USE THE AQUA Q SITES OR OTHERWISE ARISING IN CONNECTION WITH THE AQUA Q SITES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
Aqua Q is headquartered in Concord, Ontario, Canada. These Terms and Conditions, and any matter applicable to your direct or indirect use of the Aqua Q Sites, shall be governed by the laws of the Province of Ontario and the Federal laws applicable in Canada, without giving effect to any principle conflict of laws. Any dispute shall be settled in the Courts located in the Province of Ontario, though the foregoing shall not limit the ability of Aqua Q from seeking injunctions and remedies in other jurisdictions which are required to stop continuing breaches of these Terms and Conditions by you.
Aqua Q does not accept or consider unsolicited ideas, including for the development, manufacture or marketing of products, technologies or services. Please do not submit any unsolicited ideas. If you send us your ideas despite of our request, then you agree (irrespective of what your submission states) that your submissions and their contents will automatically become the property of Aqua Q, without any compensation to you, that Aqua Q may use the submission and its content for any purpose and in any way, and that there is no obligation for Aqua Q to keep the submission confidential or to make use of it.
In order to use certain parts of the Website and App, you must submit information. For example, in order to create a profile, account users must provide personal information and contact information. In order to add a project to the App, users must upload the name of the project, name of contractor on-site as well as contact information (“User Content”). You are solely responsible for the User Content you submit or post to the Aqua Q Sites. You agree you have consent of any third party to disclose his/her personal information to Aqua Q, including but not limited to the contractor’s name.
You represent that all User Content is accurate, true and not misleading in any respect. You acknowledge that Aqua Q relies on the User Content in order to provide the proper product or services through the Aqua Q Sites. You are responsible for any errors in your User Content, including but not limited to product, product type, size or other configuration mistake by you.
Prohibited User Conduct
In addition to the requirements set forth in other sections of these Terms and Conditions, you agree not to access and/or use the Aqua Q Sites, including but not limited to Site Content, User Content, and/or upload, post, email or otherwise transmit material that:
(a) constitutes unsolicited or unauthorized advertising materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
(b) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racially, ethnically or otherwise objectionable;
(c) infringes any patent, trade-mark, trade secret, copyright, publicity, or other proprietary or privacy rights of any party;
(d) scrapes, indexes (unless you are a publicly available search engine such as operated by Google or Bing) or reverse engineers the Aqua Q Sites or Site Content;
(e) is false or misleading;
(f) contains any form of destructive software such as a virus, worm, or any other harmful components or any other computer file, program or code, designed to interrupt, destroy or limit the functionality of any computer, hardware, software, system or equipment; or
(g) violates applicable federal, provincial, territorial and other laws and regulations.
Linking to 3rd Party Sites
Aqua Q does not make, and expressly disclaims, any warranty or condition, express or implied, statutory or otherwise, as to third party sites you link to through the Aqua Q Sites, including but not limited to, any warranties or conditions of merchantability, fitness for a particular cause or non-infringement. Further, Aqua Q does not provide any representation or warranty with respect to the purposes for which your personal information may be used if made available, or is otherwise accessible, by virtue of you accessing such sites. We do not control the use that may be made by others of the information that you provide when you are accessing such third party web sites. Aqua Q’s Terms and Conditions and Privacy Statement do not apply to third party web sites including those which may be embedded into the Aqua Q Sites. In no event shall Aqua Q be liable for damages arising out of, or in connection with, your linking to these third party sites.
Except as otherwise required by law, Aqua Q reserves the right to restrict, suspend and/or terminate your use of the Aqua Q Sites, including the ability to purchase products or services or create an account, at any time based on security issues, to enforce our rights or other factors, in our sole discretion, without prior notice.
English shall be the language of the Aqua Q Sites including all transactions occurring in connection with the Aqua Q Sites. All users waive any right to use and rely upon any other language, or translations. Il est de la volonté express des parties que le présent Sites d’Armtec et tous les affairs qui s'y rapportent soient rédigés en langue anglaise, exception faite des documents pour lesquels la loi exige l'usage exclusif du français.
Additional terms may apply to your purchase of products and services, including but not limited to those in the Confirmation Order.
If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision will be stricken and the remaining provisions enforced. Notwithstanding any other provisions of these Terms and Conditions, any provision of these Terms and Conditions that imposes or contemplates continuing rights or obligations on you or Aqua Q will survive the expiration or termination of these Terms and Conditions, including, without limitation, the indemnification and limitation of liability provisions.
If you have any questions regarding these Terms and Conditions, please contact Aqua Q at the following:
AP Infrastructure Solutions LP
3300 Hwy 7 West, Suite 500
Concord, ON, Canada, L4K 4M3