Terms & Conditions

WEBSITE TERMS OF USE
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS DISCLAIMERS, LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED. 

Access and use of this website (the “Website“) and its related services (the “Services“) are provided by Avana Canada Inc. (“Avana” “we” and “us“) to you on condition that you accept these Terms of Use, and by accessing or using this Website or the Services, you agree to these Terms of Use.  If you do not agree to accept and abide by these Terms of Use you may not access or use this Website or the Services. 

These Terms of Use govern the relationship between you, the Website visitor and/or member (“you”), and Avana with respect to your use of this Website and its related Services.  You agree that the agreement formed by these Terms of Use is like any written negotiated agreement signed by you, and you agree to be bound by, and fully comply with, its terms.  You represent and warrant that you have all necessary right, power and authority to enter into this agreement and to perform and otherwise discharge all of your obligations hereunder.

We may modify the Terms of Use, or any part thereof, or add or remove terms at any time, and such modifications, additions or deletions will be effective immediately upon posting to the Website. Your use of the Website after such posting shall be deemed to constitute acceptance by you of such modifications, additions or deletions. If you do not agree with any revision, you must stop using and accessing the Website. 

MINORS ARE NOT PERMITTED TO USE THE WEBSITE OR SERVICES. BY ACCESSING OR USING THIS WEBSITE, YOU REPRESENT AND WARRANT THAT YOU ARE NINETEEN (19) YEARS OF AGE OR OLDER.

ALL INFORMATION CONTAINED ON THE WEBSITE IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT MEANT TO BE A SUBSTITUTE FOR THE ADVICE PROVIDED BY YOUR OWN PHYSICIAN OR OTHER HEALTH CARE PROVIDER. UNDER NO CIRCUMSTANCES SHOULD ANY SUCH INFORMATION BE USED FOR THE DIAGNOSIS OR TREATMENT OF ANY MEDICAL CONDITION. 

AVANA IS NOT RESPONSIBLE FOR: (I) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, TESTIMONIAL OR STATEMENT MADE ON THE WEBSITE; (II) ANY INFORMATION PROVIDED ON THE WEBSITE; OR (III) YOUR RELATIONSHIP WITH ANY HEALTH CARE PROVIDER, OR OTHER USERS OF THE WEBSITE OR SERVICES. THE FOREGOING DISCLAIMER AND LIMITATIONS OF LIABILITY SHALL NOT LIMIT THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET OUT IN SECTIONS 12 AND 13.

  1. JURISDICTION
    You understand that: (i) aspects of this Website and the Services may not be available in all jurisdictions; and (ii) you are responsible for ensuring that it is lawful for you to access and use this Website and Services in your jurisdiction.

    If you are residing in a jurisdiction which restricts the use of Internet-based applications according to age, or which restricts the ability to enter into agreements such as set out in these Terms of Use according to age and you are under such a jurisdiction and under such age limit, you may not enter into this agreement or use this Website or the Services.

    Furthermore, if you are residing in a jurisdiction where it is forbidden by law to participate in the activities offered by this Website or the Services, you may not enter into this agreement or use this Website or the Services. By using this Website you are explicitly stating that you have verified in your own jurisdiction that your use of this Website and the Services is allowed.

  2. PRIVACY
    Avana is committed to respecting the privacy of the personal information of the individuals with whom we interact. We have developed a Website Privacy Policy to describe our privacy policies and practices and how we collect, use and disclose the personal information of those individuals who visit this Website or use the Services. Please see our Website Privacy Policy for further details.

    You acknowledge and agree that access to and use of this Website and the Services is provided via the Internet and that your information, including personal information, may be transferred across national borders and stored or processed in any country in the world.

  3. PERSONAL USE ONLY
    This Website and the Services are only for personal use. You may not use this Website or the Services for commercial purposes or in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.

  4. CODE OF CONDUCT
    You may not interfere with the security of, or otherwise abuse this Website, the Services or any system resources, services or networks connected to or accessible through this Website or the Services. You may only use this Website and the Services for lawful purposes. You agree that you will not attempt to, nor permit any third party to, enter restricted areas of Avana’s computer systems or perform functions that you are not authorized to perform pursuant to these Terms of Use.
    Avana may, without notice, temporarily suspend your, or any other party’s, access to this Website or the Services by deactivating any password(s) or links to the Internet if we reasonably suspect that you, or any other parties, are obtaining unauthorized access to our other systems or information, or are using otherwise valid user identifications or passwords in any other unauthorized manner. These suspensions will be for such periods of time as Avana may reasonably determine is necessary to permit the thorough investigation of such suspended activity.

    While using this Website or the Services you agree to comply with all applicable laws, rules and regulations. We reserve the right, in our sole discretion, to take any actions we deem necessary and appropriate to preserve the integrity of this Website and the Services.

  5. AVAILABILITY
    While we endeavour to keep downtime to a minimum, we can’t promise that this Website or the Services will be uninterrupted, secure or error-free. We reserve the right to interrupt/suspend this Website or the Services, or any part thereof, with or without prior notice for any reason.

  6. ACCESS TO THE INTERNET
    You are solely responsible for obtaining and maintaining all Internet, computer hardware and other equipment needed to access and use this Website and the Services and that you shall be solely responsible for all charges and fee related thereto.

  7. CURRENCY OF WEBSITE
    Avana may revise, supplement or delete information, services and/or the resources contained in this Website and the Services and reserves the right to make such changes without prior notification to past, current or prospective visitors. For the avoidance of doubt, we reserve the right at any time to change: (i) the terms and conditions of these Terms of Use; (ii) this Website or the Services, including terminating, eliminating, supplementing, modifying, adding or discontinuing any content or feature or data or service or product on or available through this Website or the Services or the hours that they are available; (iii) any fees or charges, if any, related to the use of this Website or the Services; and (iv) the equipment, hardware or software required to use and access this Website or the Services.

    Any changes we make to these Terms of Use will be effective immediately upon notice, which we may provide by any means including, without limitation, posting on this Website. Your continued use of this Website or the Services after such notice will be deemed acceptance of such changes. Be sure to return to this Website periodically to ensure you are familiar with the most current version of these Terms of Use.

  8. LINKED WEBSITES
    This Website or the Services may provide links to third party websites for your convenience only. The inclusion of these links does not imply that Avana monitors or endorses these websites. Avana does not accept any responsibility for such websites. Avana shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third party websites or linked resources.

  9. INTERNET SOFTWARE OR COMPUTER VIRUSES
    Avana shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this Website or the Services or other content from this Website. Avana recommends that you install appropriate anti-virus or other protective software.

  10. OUR MATERIALS
    This Website and the Services are owned and operated by Avana and may be protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, Internet domain names and other similar rights.

  11. WEBSITE AND SERVICES PROVIDED “AS IS”

    THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, ANY INFORMATION PUBLISHED ON THE WEBSITE) AND THE SERVICES ARE PROVIDED ON AN “AS IS”, AND “WHERE IS” BASIS, WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. AVANA DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR-FREE.

  12. LIMITATION OF LIABILITY
    TO THE EXTENT PERMITTED BY LAW, YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS WEBSITE, AND THE SERVICES.

    IN NO EVENT SHALL AVANA OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES WHATSOEVER (OR FOR ANY DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION), OR ANY OTHER PECUNIARY LOSS IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS SITE, THE SERVICES, OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

    IN EVERY EVENT, AVANA’S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR THE USE OR EXPLOITATION OF ANY OR ALL PART OF THIS WEBSITE AND/OR THE SERVICES, IN ANY MANNER WHATSOEVER, SHALL BE LIMITED TO FIVE ($5.00) DOLLARS.

    SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

  13. INDEMNIFICATION
    YOU AGREE TO, UPON REQUEST, INDEMNIFY AND HOLD US HARMLESS FROM ANY AND ALL LIABILITIES, CLAIMS, LOSSES AND EXPENSES, INCLUDING ATTORNEYS’ FEES, WHICH ARISE DIRECTLY OR INDIRECTLY FROM ANY BREACH OF THESE TERMS OF USE FOR WHICH YOU ARE RESPONSIBLE.

  14. TERM & TERMINATION
    You acknowledge and agree that access to this Website and the Services may not be available from time to time, may be amended, revised, replaced, suspended or terminated in whole or in part at any time and without notice, and that Avana shall not, in any event, be responsible to you in any way should you be unable to access this Website and the Service at any time or from time to time.

    Avana may, at its sole discretion, at any time and from time to time, without notice, suspend your right to use this Website and the Services and/or terminate these Terms of Use (including any of the licenses granted hereunder). Without limiting the foregoing, these Terms of Use and the licenses granted herein shall automatically terminate, without notice, if you materially fail to perform or comply with these Terms of Use or any provision hereof. Upon termination of these Terms of Use, you shall immediately cease and desist from all use of this Website and the Services.

    Sections 11 – 16 will survive any termination or expiry of these Terms of Use.

  15. NOTICE
    If you need to contact us regarding this Website, the Services, or these Terms of Use, please e-mail us at info@avana.ca. You can also contact us via mail addressed to:

    Avana Canada Inc.
    PO BOX 45606
    St. Thomas, Ontario
    X7D L6H

  16. MISCELLANEOUS
    These Terms of Use is governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regards to its principles of conflicts of law. Subject to the obligation to arbitrate below, you agree to personal jurisdiction of the courts located in located in Toronto, Ontario, Canada, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

    Except where prohibited by applicable law, any controversy, claim or dispute arising out of or relating to these Terms of Use, the Website or the Services or the relationship which results from these Terms of Use, including without limitation, the performance, breach, enforcement, existence or validity of the matters provided for in these Terms of Use or your receipt and use of the Website or Services, which cannot be amicably resolved, (collectively, a “Claim”), will be referred to and finally settled (to the exclusion of the courts) by private and confidential binding arbitration before a single arbitrator held in Edmonton, Alberta in English and in accordance with the Arbitration Act (Ontario), except as such rules are modified or waived herein. Although the appointing authority shall be a Justice of the Superior Court of Justice, the arbitrator will be a person who is legally trained and who has experience in the information technology field in Canada or the United States of America and is independent of either party. Any such Claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim, controversy or dispute of any other party. Except where prohibited by applicable law, you agree to: (i) waive any right you may have to commence or participate in any class action against Avana relating to any Claim; (ii) opt out of any class proceedings against Avana; and (iii) waive, to the fullest extent permitted by law, any right of appeal. Notwithstanding the foregoing, Avana reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

    If any provision of these Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

    These Terms of Use sets out the entire agreement between us relating to the subject matter herein and supersede and any all prior or contemporaneous written or oral agreements between us. These Terms of Use are not assignable, transferable or sub-licensable by you except with Avana’s prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in these Terms of Use is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

These Terms of Use were last updated on March 2, 2018.