Menu
Menu
×
Menu

Policies

Policies

WEBSITE DISCLAIMER AND TERMS OF USE - LAST UPDATE 2018-02-11

Disclaimer, Limitation of Liability and Indemnity

1. Disclaimer -

Your use of this website is entirely at your own risk. The information contained in this website is intended solely to provide general guidance on matters of interest for the personal use of the reader. The reader accepts full responsibility for its use.

All information on this site is provided "as is", with no guarantees of completeness, accuracy, timeliness, or of the results obtained from the use of this information, and without warranty of any kind, expressed or implied, including, but not limited to warranties of performance, merchantability, merchantable quality, fitness for a particular purpose, title or non-infringement. Nothing herein shall to any extent substitute for the independent investigations and sound technical and business knowledge of the reader.

Coomara Aqautics and Coomara Ventures ("Company") does not warrant that the website ("Site") or the Site Content will be uninterrupted or error-free, that defects will be corrected, or that this Site or the Host Server are free of viruses or other harmful components.

Without limiting forgoing, the Company does not warrant or make any representation regarding the use, the ability to use, or the result of use of the Content in terms of accuracy, reliability, or otherwise. The Content may include technical inaccuracies or typographical errors. While the Company has made every attempt to ensure the information contained on this site has been gathered from reliable sources and is properly vetted, the Company is not responsible for any errors or omissions, or for the results obtained from use of this information.

The Company makes no warranties that your use of the Site Content will not infringe the rights of others and assumes no liability or responsibility for errors or omissions in such content.

The information on this Site is provided with the understanding the Company, the author and the publishers are not providing professional advice or services unless directly engaged to do so by the User under the terms of a separate contract. As such the information provide on this Site should not be used as a substitute for contracted professional consultation.

Certain links and back-links in the Site connect to other websites maintained by third parties that may or may not be presented within a frame on the Site. The Company has not verified the contents of such third party sites and does not, unless expressly noted, endorse, warrant, promote or recommend any of their services or products, that may be provided or accessed through them or any person or body which may provide them. The Company has not issued or caused to be issued any advertisements which may appear on these websites.

2. Limitation of Liability - The Company, its Employees, Agents, Officers and Directors will not be held Liable for any direct, indirect, incidental, punitive, consequential, special, exemplary or other damages, including , without limitation, loss of revenue or income, pain and suffering, emotional distress, or similar damages or damages resulting from any 1) errors or omissions in content, 2) Unauthorized access to or use of the servers and/or any and all personal information stored therein, 3) any interruption or cessation of transmission to or from our website, 4) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through our website by a third party, or 5) for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted or otherwise made available via the website. This limitation of liability applies regardless of the legal theory giving rise to damages, even if the Company has been advised of the possibility of such damages. The Forgoing limitation of liability will apply to the fullest extent permitted by law in the applicable jurisdiction.

The User and Visitor specifically acknowledge that the Company, its Employees, Agents, Officers and Directors shall not be liable for User Content or for defamatory, offensive or illegal content of any third party and that the risk of harm or damage from the forgoing lies entirely with the User and Visitor.

3. Indemnity - The User and Visitor agree to defend, indemnify and hold harmless the Company, its Employees, Agents, Officers and Directors from and Against any and all Claims, Damages, obligations, Judgements, Losses, Liabilities, Costs or Debt, Attorney fees or other expenses arising from:1) your use of or access to the website; 2) your violation of any third party right, including elimination of copyright, property, or privacy right; or 3) Any claim that you did not have the right to provide any user content or that your user content caused damage to a third party. This defense and indemnification obligation will survive these terms and your use of the Site, In such a case the Company will provide you with a written notice of such a claim, suit or action.

Terms and Conditions of Use.

  1.  Acceptance of Terms - By using or visiting the Company's website (Site), you agree to any and all of the disclaimers, policies, terms and conditions of use as outlined for this Site. The Company may, at its sole discretion, revise these terms, policies and disclaimers at any time without advance notice to you. You are bound by such revisions by continuing to use or visit the Site after the revisions are posted on-line.
  2.  Application of Terms - These terms apply to all users of the Company Site, the Company Facebook page and any other Company social media feed, including users who contribute content to the Site and social media feeds. The Site may contain interactive areas designed to allow the posting of content on the website and/or comment including comment on our blogs. The use of these features is governed by the Company's Code of Conduct as outlined below.
  3. The Company Site may contain links and back-links that connect the Site to other sites maintained by third parties that may or may not be presented within a frame on the website. These links are provided for your convenience only. The Company does not imply approval or endorsement of the third party sites. Since the Company has not verified the content of such third party sites, has no control over or assumes no responsibility for the content, policies or practices of these third party websites, the Company can not assume any liability of responsibility for these sites. Further, unless expressly noted, the Company does not endorse, warrant, promote or recommend any of the third party services or products, that may be provided or accessed through their site or any person or body which may provide them. The company has not issued or caused to be issued any advertisements which may appear on these websites.
  4. Ownership of Website Content - The Company owns all the intellectual property rights including without limitation copyright and trade-mark rights , to all material on or comprising the website ("Content"), including without limitation, all written, audio visual or other materials and graphical elements on the website. User generated content is exempted from the Company ownership and copyright. Please refer to the Copyright Policy in the section for more details.
  5. User Content - Within designated areas of the Company site, external users may be allowed to post comments and limited material (" User Content") to the Site.The Poster is solely responsible for the content of their posts and for the consequences of posting or publishing it. These posts do not necessarily reflect the views, opinions, attitudes or direction of the Company. The Company reserves the right to take down any posts that violate the Company's Code of Conduct and to bar the offending poster from posting in the future on the Site. By uploading or posting User Content to the Site, the user grants the Company a world-wide non-exclusive, royalty-free license to use, reproduce, modify,translate into a different language or format and publish such User Content on the site for the purpose of sharing the User Content with other users and visitors of the Site and to promote the Site.The user warrants and represents that they own or have rights to use the User Content and are able to license said User Content to the Company for use in a manner contemplate in the Website and under these terms.
  6. Age of Consent and Competency - The User Affirms that they are either over the age of 18 years of age, or possess parental or guardian consent to agree to these terms, to access and use the Site and are otherwise fully able and competent to enter into these terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and to abide by and comply with the Terms.
  7. Legal Authority - These Terms will be governed and construed in accordance with the laws and statutes of the Province of Alberta, Canada, without giving effect to its conflict of laws provisions. The User agrees to submit to the personal and exclusive jurisdiction of the Courts located in the Province of Alberta, Canada. The website is physicality maintained and operated from the Province of Alberta, Canada. These terms constitute the entire agreement between the User and the Company with respect to the subject matter and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.If for any reason a court of competent jurisdiction finds any provision of portion of the Terms to be unenforceable, then the remaining provisions of the Terms will continue in full force and effect.
  8. Code of Conduct - a. The user may not use the Company's site for any illegal or unauthorized purpose. In addition to the laws of the Province of Alberta, Canada, the user agrees to abide by all local laws that may apply to the use of the Company Site.; b. The user may not use the Site in any manner which could disable, overburden, damage or impair the Site, the Site's servers or computer network, or interfere with any other party's use and enjoyment of the Site; c. The User agrees that you are responsible for your own conduct and communcations while using the Site and for any consequences of that use. By way of example, and not as a limitation, you agree that when using the Site, you will not:
  • Post or upload any inappropriate, promotional, defamatory, destructive, obscene, or unlawful content;
  • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others;
  • Post or upload User Content that infringes any patent, trademark, copyright, trade secret or other intellectual property right of any party;
  • Impersonate another person, or falsify or delete any authors attributions, legal or other proper notices or proprietary designations or labels of the origin or source of any content;
  • Use the website in connection with any surveys, contests, junk mail, spamming or any duplicative messages (commercial or otherwise);
  • Use any robot, spider, site search//retrieval application, or other device to retrieve or index any portion of the website to collect information about other users or domain names;
  • Upload files that contain bugs, viruses, Trojan horses, worms, or any other similar software or programs that may damage the operation of the computer or property of another; or
  • Submit User Content that falsely expresses or implies that such User Content is sponsored or endorsed by a third party where it is not sponsored or endorsed by such party.

d. The Company reserves the right to monitor use of the Website to determine compliance with the Terms. Although we do not read, review, vet or otherwise access User Content in advance, we reserve the right to remove User Content without Notice for breach of the Code of Conduct or any other reason.

COPYRIGHT POLICY

Content of this website

Coomara Aquatics - an operating division of Coomara Ventures Ltd. ("Company") owns all the intellectual property rights including without limitation copyright and trade-mark rights, to all material on or comprising the website ("Content"), including without limitation, all written, audio visual or other materials and graphical elements, raw data and any other content form unless otherwise noted.

The Content of this website is protected by a copyright in the name of the Company registered with the copyright office of Industry Canada. The material on thie site may not be reproduced or copied in any form or manner without the expressed written permission of Coomara Ventures Ltd.

If you wish to use any of the material on our website please contact us for permission (info@coomaraaquatics.com).
Written permission may be granted if and only if the following conditions are met:

  1. the user must copy the material accurately, without any modification or revision;
  2. the user must properly reference the source of the copied material as having originated from this website and from Coomara Aqautics - an operating division of Coomara Ventures Ltd.;
  3. a copyright notice must appear on every copy in the following form: "copyright Coomara Aqautics. All rights reserved"
  4. the user provides a back-link to this website so that others may find the original work.

PLEASE READ THIS PRIVACY POLICY BEFORE USE OF THE SITE

Introduction

This Privacy Policy is applicable to Coomara Aquatics - an operating division of Coomara Ventures Ltd. ("Company") and sets out our policy on the gathering and use of information on this site. The Company is committed to providing safe web site visits for visitors of all ages and has implemented this Privacy Policy to demonstrate our firm commitment to protect our and your privacy. The Company complies with Canadian Federal and Provincial Privacy legislation and regulations including the Personal Information and Electronic Documents Acts.

Our website (site) has links to other websites (sites). Please note that this Privacyt Policy applies only to our site and not to he sites of other companies or organizations to which our site may be linked. You are advised to check the policies of these linked sites and make the necessary inquiries with the operator of the linked site. These links to third party sites are provided as a convenience and for informational purposes only. The Company does not endorse, and is not responsible for, these linked sites and their policy, terms and conditions.

Although you are not required to register to access our site, you may be asked to provide us with personal information when you visit certain sections of the site. Your use of the Companies site signifies your acknowledgement and consent to our Privacy Policy. If you do not agree to this Privacy Policy, please do not continue to use the Site. Your continued use of the Companies site signifies acceptance of these terms and conditions and any changes in effect at the time of use.

Collection of Personal Information

Use of Information Gathered About Online Visitors

Promotional and Informational Offers

Disclosure of Information

Cookies

EMAIL POLICY

Introduction

Canada brought in anti-spam legislation (CASL) that came into effect July 1, 2014. CASL is administered by the Canadian Radio-television and telecommunications commission (CRTC). This legislation is in place to protect Canadians while ensuring that businesses can continue to compete in the global marketplace.

Since Coomara Aquatics uses electronic channels to promote and market our company, products and services we are subject to CASL. Our compliance is 4 fold:

  1. We must have valid expressed consent to contact you.
  2. We must clearly identify who we are (our organization and a contact person). Our contact information must include a mailing address, a phone number, an email address and the address of our website.
  3. We must provide an Unsubscribe mechanism;
  4. Our subject matter, sender information, URLs, metadata and message must not contain any false or misleading information.

We value your privacy as much as we value our privacy. No one likes invasive spam, We do not want to offed you but rather build a positive long term relationship. So if you do not want to hear from us we will honor your request by unsubscribing you.

Your personal information is governed by our privacy policy and by Canadian federal privacy legislation within The Personal Information Protection and Electronic Documents Act (PIPEDA). This act governs who companies like Coomara Aqautics can collect, use and disclose personal information in the course of doing business. PIPEDA became law April 13, 2000 and is reviewed and revised every 5 years.

You can get more information about CASL at the Government of Canada CRTC website:

www.fightspam.gc.ca/eic/site/o30.nsf/eng/home

You can get more information on PIPEDA at the Government of Canada Website:

www.priv.gc.ca/en/privacy-topics/privacy-laws-in-canada/the-personal-information-protection-and-electronic-documents-act-pipeda

Shipping and Delivery

At this time, Coomara Aquatics ships merchandise to locations within the United States and U.S. territories, including Alaska, Hawaii, Puerto Rico, Guam, and the US Virgin Islands. Additionally, Coomara Aquatics ships merchandise to Canada and Mexico, but not to other international locations. The risk of loss and title for all merchandise ordered on this Web site pass to you when the merchandise is delivered to the shipping carrier.

Return Policy

You may purchase merchandise from this Web site by using any one of the payment options listed in (link to Payment Options). Coomara Aquatics reserves the right to change its payment procedures at any time without prior notice to you.