Terms

USE OF THIS WEBSITE
This website is owned by Alizbay Canada, and is operated for your personal non-commercial use and information. Your use of this website is subject to the following terms and all applicable laws. By accessing and browsing this website, you accept, without limitation or qualification, these terms. If you do not agree with any of the terms, please do not use this website. You are responsible to ensure that your access to this website and material available on or through it are legal in each jurisdiction in or through which you access or view the site or such material.

PRIVACY
Our privacy practices are explained in our Privacy Policy, which also governs your visit to this website. Your continued use of this website implies that you acknowledge that you have read our Privacy Policy and agree to be bound by and accept its terms and conditions.

OTHER POLICIES AND AGREEMENTS
When you purchase products from Alizbay Canada using the www.alizbay.com website, your purchase is subject to separate Terms and Conditions of Sale applicable to the website. Certain additional terms and conditions may apply to purchases of products and other uses of portions of the www.alizbay.com website.

YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. This website is directed for use by adults. Those under the age of 13 should not use this website. In addition, if you are aged 13 or older but under the age of majority in the jurisdiction in which you reside, your parent of guardian should use this website on your behalf and you should not use the website on your own or provide any personal information to Alizbay Canada. Alizbay Canada does not knowingly collect information from children under the age of 13. Alizbay Canada and its affiliates reserve the right to refuse service, terminate accounts or cancel orders in their sole discretion.

PRODUCT INFORMATION
THE PRODUCTS AVAILABLE FOR SALE AND/OR DISTRIBUTION BY ALIZBAY CANADA ARE AVAILABLE ONLY AVAILABLE FOR PURCHASING ONLINE WITHIN CANADA AND THE UNITED STATES THIS SITE IS DIRECTED ONLY AT CUSTOMERS AND PROSPECTIVE CUSTOMERS. Alizbay Canada attempt to be as accurate as possible in describing all products available for sale and/or distribution by Alizbay Canada. However, Alizbay Canada does not warrant that product descriptions or other content of this site are accurate, complete, reliable, current or error-free.

PRICE AND AVAILABILITY INFORMATION PROVIDED ON THIS WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. ALL PRICES QUOTED ARE IN US DOLLARS.

EXCLUSION OF WARRANTIES
Alizbay Canada makes no representation or warranty regarding the functionality, the good working order or condition of this website, its suitability for use, or that its use will be uninterrupted or error-free. Alizbay Canada does not represent, warrant or undertake that any errors on or relating to this website will be corrected, or that any server from which the website is operated is or will be free from viruses or other harmful components. ALL MATERIAL OR INFORMATION ON THIS WEBSITE IS PROVIDED TO YOU “AS IS”, “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED. ALIZBAY CANADA AND ITS LICENSORS DISCLAIM ALL WARRANTIES OR CONDITIONS, WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, DURABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE. These exclusions are in addition to any specific exclusion otherwise provided in these terms and conditions. Because certain federal or provincial laws do not permit the exclusion of certain warranties, these exclusions may not apply to you.

LIMITATION OF LIABILITY
ALIZBAY CANADA WILL NOT BE LIABLE FOR ANY DAMAGES, EITHER DIRECT OR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, FOR USE OF OR INABILITY TO USE MATERIAL, PRODUCTS OR SERVICES OF ANY KIND, DELAY OF OR PARTIAL DELIVERY, TERMINATION OF RIGHTS OR LOSS OF PROFITS, DATA, BUSINESS OR GOODWILL, WHETHER ON A CONTRACTUAL, TORT OR EXTRACONTRACTUAL BASIS, OR TO PROVIDE INDEMNIFICATION OR ANY OTHER REMEDY TO YOU OR ANY THIRD PARTY. Your sole and exclusive remedy is to discontinue using and accessing this website. Because certain federal or provincial laws do not allow the exclusion or limitation of certain damages, these exclusions may not apply to you.

COPYRIGHTS AND TRADEMARKS
Material on this website, including but not limited to texts, images, illustrations, software, audio clips and video clips, is owned or otherwise provided by Alizbay Canada does not represent or warrant that such material does not infringe the rights of any other person or entity. The material on this website is protected in Canada and in other jurisdictions by the Copyright Act and by virtue of the applicable international treaties. Consequently, the material on this website may not be copied, reproduced, republished, downloaded, posted, transmitted, distributed or modified, in whole or in part in any form whatsoever, including but not limited to text, audio or video, without the prior written consent of Alizbay Canada. Trademarks, logos and service marks (collectively, “Marks”) displayed on this website are registered or unregistered Marks of Alizbay Canada or others, are the property of their respective owners, and may not be used without written permission of the owner of such Marks. Nothing in this website is to be interpreted as conferring a right to use the Marks or the material protected by the Copyright Act.

CONFIDENTIALITY OF THE INFORMATION TRANSMITTED
You acknowledge that information or material which you provide electronically through your access to or usage of this website is not confidential or proprietary, except as may be required under applicable law or pursuant to Alizbay Canada’s privacy policy, and acknowledge that unprotected e-mail communication over the Internet is subject to possible interception, alteration or loss. You represent and warrant that the information or material which you provide electronically to Alizbay Canada by accessing or using this website does not infringe the rights of any other person or entity. You consent to Alizbay Canada using that information or material, in whole or in part by any means whatsoever, including reproducing, retransmitting or publishing this information or material or ideas, concepts or other information contained therein for the commercial purposes of Alizbay Canada or the disclosure of your identity, in accordance with the Alizbay Canada Privacy Policy.

ELECTRONIC COMMUNICATIONS
When you visit this website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website. You 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.

SURVEILLANCE
Alizbay Canada may monitor the access to its website and other activities in relation to its website and may intervene in this regard. However, Alizbay Canada makes no representation and gives no warranty to that effect. You consent to such surveillance and intervention, if Alizbay Canada ever decides to do it.

LINKS
Links and references to other websites are provided to you as a convenience only. Alizbay Canada has not reviewed and does not expressly or implicitly endorse other websites or any information or material, or the accessibility thereof, via such links, and does not assume any responsibility for any such other websites, information or material posted thereon, or products or services offered thereon. You may not create links from other websites to this website, except if expressly permitted by Alizbay Canada. To obtain permission, contact our Website administrator at info@alizbay.com
13.  VIRUSES, ETC
Alizbay Canada does not represent or warrant that the information or material, including the downloadable software, accessed from or through this website will be uninterrupted or free of errors, defects, viruses or other harmful components, or that any such problems which are discovered will be corrected.
DAMAGE TO OTHERS
You agree not to introduce into or through this website any information or materials that may be harmful to others. Among other things, you agree not to include, knowingly or otherwise, any error or defect in material or information which may, among other things, be a libel, slander, defamation or obscenity, or promote hatred or otherwise give rise to a criminal offense or civil liability on the part of any person or entity.

RESERVE OF RIGHTS
All rights not expressly granted in these terms are reserved to Alizbay Canada. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any license or right under any copyright, patent, trademark or other intellectual property right of Alizbay Canada or any other person or entity.

GOVERNING LAW
This site is controlled and operated by Alizbay Canada from Canada, Ontario, Canada and these terms, this website, any use of this website and any transaction conducted on or from it shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein without reference to principles of conflict of laws. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

DISPUTE RESOLUTION; INJUNCTIVE RELIEF
IF YOU ARE RESIDING IN THE PROVINCE OF ONTARIO OR ANY OTHER PROVINCE OR TERRITORY WHERE THIS SECTION 17 MAY NOT BE VALID BY VIRTUE OF LOCAL CONSUMER PROTECTION LAWS, THEN THIS SECTION 17 DOES NOT APPLY TO YOU AND YOU MAINTAIN YOUR RECOURSES PROVIDED BY LAW.IT IS IMPORTANT THAT YOU READ THIS ENTIRE SECTION CAREFULLY. THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. THE LAWS OF YOUR PROVINCE OR TERRITORY MAY LIMIT THE ENFORCEABILITY OF MANDATORY ARBITRATION IN THE CONTEXT OF CERTAIN AGREEMENTS WITH CONSUMERS.
CHANGES TO TERMS / SEVERABILITY

Alizbay Canada may modify, alter or otherwise update the terms applicable to this website from time to time. We will notify you of any such modifications to this website by posting notice of such changes on this website. Following the posting of such changes, your continued use of this site will constitute your acceptance of these terms and other policies, as modified. You will be bound by such changes. If any one of these conditions shall be deemed invalid, void, or for any reason unenforceable, such condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

 COOKIES
We may use “cookies” to track your preferences and activities on the Alizbay Canada website. Cookies are small data files transferred to your computer’s hard-drive by a website. They keep a record of your preferences making your subsequent visits to the site more efficient. Cookies may store a variety of information, including, the number of times that you access a site, your registration information and the number of times that you view a particular page or other item on the site. The use of cookies is a common practice adopted by most major sites to better serve their clients. Most browsers are designed to accept cookies, but they can be easily modified to block cookies; see your browser’s help files for details on how to block cookies, how to know when you have received cookies and how to disable cookies completely. You should note, however, that without cookies, some of the website’s functions will not be available, and the user will lose some of the benefits of the site.

 NO WAIVER
The failure of Alizbay Canada to enforce any provisions of these terms or to respond to a breach by you or any third party of these terms shall not in any way waive the right of Alizbay Canada to subsequently enforce any of the terms and conditions contained herein or to act with respect to similar breaches.

ENTIRE AGREEMENT
These terms, together with all other agreements, terms or conditions incorporated or referred to herein constitute the entire agreement between you and Alizbay Canada with respect to the use of this website and any transaction conducted on or from this website and its contents, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter hereof, and may not be amended or modified except in writing, or by Alizbay Canada making such amendments or modifications available to it pursuant to the terms hereof.

TERMINATION
Alizbay Canada reserves the right, at its sole discretion, to terminate your access to all or any part of this site, with or without notice.
Last update: August 2017