Terms & ConditionsUpdated at 2021-11-22
LicenseTotal Aire Care grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the website strictly in accordance with the terms of this Agreement.
MeaningsFor this Terms & Conditions:
- Cookie: small amount of data generated by a website and saved by your web browser. It is used to identify your browser, provide analytics, remember information about you such as your language preference or login information.
- Company: when this policy mentions “Company,” “we,” “us,” or “our,” it refers to Total Aire Care Inc., (580 Menno St, Breslau, ON N0B 1M0) that is responsible for your information under this Terms & Conditions.
- Country: where Total Aire Care or the owners/founders of Total Aire Care are based, in this case is Canada
- Device: any internet connected device such as a phone, tablet, computer or any other device that can be used to visit Total Aire Care and use the services.
- Service: refers to the service provided by Total Aire Care as described in the relative terms (if available) and on this platform.
- Third-party service: refers to advertisers, contest sponsors, promotional and marketing partners, and others who provide our content or whose products or services we think may interest you.
- Website: Total Aire Care’s site, which can be accessed via this URL: https://totalairecare.ca/
- You: a person or entity that is registered with Total Aire Care to use the Services.
RestrictionsYou agree not to, and you will not permit others to:
- License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the website or make the platform available to any third party.
- Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the website.
- Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Total Aire Care or its affiliates, partners, suppliers or the licensors of the website.
Your SuggestionsAny feedback, comments, ideas, improvements or suggestions (collectively, “Suggestions”) provided by you to Total Aire Care with respect to the website shall remain the sole and exclusive property of Total Aire Care. Total Aire Care shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.
Your ConsentWe’ve updated our Terms & Conditions to provide you with complete transparency into what is being set when you visit our site and how it’s being used. By using our website, registering an account, or making a purchase, you hereby consent to our Terms & Conditions.
Links to Other WebsitesThis Terms & Conditions applies only to the Services. The Services may contain links to other websites not operated or controlled by Total Aire Care. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Please remember that when you use a link to go from the Services to another website, our Terms & Conditions are no longer in effect. Your browsing and interaction on any other website, including those that have a link on our platform, is subject to that website’s own rules and policies. Such third parties may use their own cookies or other methods to collect information about you.
Changes To Our Terms & ConditionsYou acknowledge and agree that Total Aire Care may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at Total Aire Care’s sole discretion, without prior notice to you. You may stop using the Service at any time. You do not need to specifically inform Total Aire Care when you stop using the Service. You acknowledge and agree that if Total Aire Care disables access to your account, you may be prevented from accessing the Service, your account details or any files or other materials which is contained in your account. If we decide to change our Terms & Conditions, we will post those changes on this page, and/or update the Terms & Conditions modification date below.
Modifications to Our websiteTotal Aire Care reserves the right to modify, suspend or discontinue, temporarily or permanently, the website or any service to which it connects, with or without notice and without liability to you.
Updates to Our websiteTotal Aire Care may from time to time provide enhancements or improvements to the features/ functionality of the website, which may include patches, bug fixes, updates, upgrades and other modifications (“Updates”). Updates may modify or delete certain features and/or functionalities of the website. You agree that Total Aire Care has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the website to you. You further agree that all Updates will be (i) deemed to constitute an integral part of the website, and (ii) subject to the terms and conditions of this Agreement.
Third-Party ServicesWe may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services (“Third- Party Services”). You acknowledge and agree that Total Aire Care shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Total Aire Care does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services. Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
Term and TerminationThis Agreement shall remain in effect until terminated by you or Total Aire Care. Total Aire Care may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice. This Agreement will terminate immediately, without prior notice from Total Aire Care, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the website and all copies thereof from your computer. Upon termination of this Agreement, you shall cease all use of the website and delete all copies of the website from your computer. Termination of this Agreement will not limit any of Total Aire Care’s rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.
Copyright Infringement NoticeIf you are a copyright owner or such owner’s agent and believe any material on our website constitutes an infringement on your copyright, please contact us setting forth the following information: (a) a physical or electronic signature of the copyright owner or a person authorized to act on his behalf; (b) identification of the material that is claimed to be infringing; (c) your contact information, including your address, telephone number, and an email; (d) a statement by you that you have a good faith belief that use of the material is not authorized by the copyright owners; and (e) the a statement that the information in the notification is accurate, and, under penalty of perjury you are authorized to act on behalf of the owner.
IndemnificationYou agree to indemnify and hold Total Aire Care and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your: (a) use of the website; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
No WarrantiesThe website is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Total Aire Care, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the website, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Total Aire Care provides no warranty or undertaking, and makes no representation of any kind that the website will meet your requirements, achieve any intended results, be compatible or work with any other software, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected. Without limiting the foregoing, neither Total Aire Care nor any Total Aire Care’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the website, or the information, content, and materials or products included thereon; (ii) that the website will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the website; or (iv) that the website, its servers, the content, or e-mails sent from or on behalf of Total Aire Care are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.
Limitation of LiabilityNotwithstanding any damages that you might incur, the entire liability of Total Aire Care and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the website. To the maximum extent permitted by applicable law, in no event shall Total Aire Care or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the website, third-party software and/or third-party hardware used with the website, or otherwise in connection with any provision of this Agreement), even if Total Aire Care or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Some provinces/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
WaiverExcept as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under this Agreement shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power under this Agreement preclude further exercise of that or any other right granted herein. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
Amendments to this AgreementTotal Aire Care reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our website after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Total Aire Care.
Entire AgreementThe Agreement constitutes the entire agreement between you and Total Aire Care regarding your use of the website and supersedes all prior and contemporaneous written or oral agreements between you and Total Aire Care. You may be subject to additional terms and conditions that apply when you use or purchase other Total Aire Care’s services, which Total Aire Care will provide to you at the time of such use or purchase.
Updates to Our TermsWe may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can delete your account.
Intellectual PropertyThe website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Total Aire Care, its licensors or other providers of such material and are protected by Canada and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The material may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of Total Aire Care, unless and except as is expressly provided in these Terms & Conditions. Any unauthorized use of the material is prohibited.
Agreement to ArbitrateThis section applies to any dispute EXCEPT A DISPUTE RELATING TO CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF REGARDING THE ENFORCEMENT OR VALIDITY OF YOUR OR TOTAL AIRE CARE’S INTELLECTUAL PROPERTY RIGHTS. The term “dispute” means any dispute, action, or other controversy between you and Total Aire Care concerning the Services or this agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.
Notice of DisputeIn the event of a dispute, you or Total Aire Care must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute via email to: [email protected]. Total Aire Care will send any Notice of Dispute to you by mail to your address if we have it, or otherwise to your email address. You and Total Aire Care will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or Total Aire Care may commence arbitration.
Binding ArbitrationIf you and Total Aire Care don’t resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. The dispute shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration. Any and all legal, accounting, and other costs, fees, and expenses incurred by the prevailing party shall be borne by the non-prevailing party.
Submissions and PrivacyIn the event that you submit or post any ideas, creative suggestions, designs, photographs, information, advertisements, data or proposals, including ideas for new or improved products, services, features, technologies or promotions, you expressly agree that such submissions will automatically be treated as non-confidential and non-proprietary and will become the sole property of Total Aire Care without any compensation or credit to you whatsoever. Total Aire Care and its affiliates shall have no obligations with respect to such submissions or posts and may use the ideas contained in such submissions or posts for any purposes in any medium in perpetuity, including, but not limited to, developing, manufacturing, and marketing products and services using such ideas.
PromotionsTotal Aire Care may, from time to time, include contests, promotions, sweepstakes, or other activities (“Promotions”) that require you to submit material or information concerning yourself. Please note that all Promotions may be governed by separate rules that may contain certain eligibility requirements, such as restrictions as to age and geographic location. You are responsible to read all Promotions rules to determine whether or not you are eligible to participate. If you enter any Promotion, you agree to abide by and to comply with all Promotions Rules. Additional terms and conditions may apply to purchases of goods or services on or through the Services, which terms and conditions are made a part of this Agreement by this reference.
Typographical ErrorsIn the event a product and/or service is listed at an incorrect price or with incorrect information due to typographical error, we shall have the right to refuse or cancel any orders placed for the product and/or service listed at the incorrect price. We shall have the right to refuse or cancel any such order whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account or other payment account in the amount of the charge.
Maintenance PlansAnnual Parts/Labour Credit Expiration and Non-Cumulative Clause Please note that under the terms of this agreement, the customer is entitled to receive parts and/or labour up to the value designated in their respective maintenance plan per annum. It is important to understand that this benefit is calculated on an annual basis, corresponding to each contract year, and is not accumulative across multiple years.
- Annual Allocation: Each maintenance plan specifies an allocation of parts/labour value, which is applicable solely within the duration of each annual contract period.
- Non-Cumulative: The value of any unused parts/labour allocation from one contract year does not carry over to subsequent years. Each annual contract period provides a new allocation as per the plan, and previous periods’ unused allocations are deemed null and void.
- Expiration: The allocated parts/labour value specified in the plan expires at the conclusion of each annual contract period. Any unused portion of this allocation is forfeited and cannot be claimed in subsequent periods.
- Customer Responsibility for Excess Costs: In instances where parts and/or labour costs exceed the allocated value in a given contract year as per the maintenance plan, such excess costs shall be the responsibility of the customer.
- Limitation of Claim: Under no circumstances shall a customer be entitled to claim, accumulate, or carry forward parts/labour allocations from previous contract years, whether the contract is renewed or not. The maximum entitlement in any contract year is limited to the parts/labour value specified in the maintenance plan.
- Agreement Renewal: Upon renewal of this agreement for a subsequent year, the customer is again entitled to a new allocation as per the maintenance plan for that specific contract year, subject to the same terms and conditions herein.