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INNOVAIR INDUSTRIAL LIMITED
TERMS AND CONDITIONS OF THE SITE SUBSCRIPTION

Innovair Industrial Limited and/or its affiliates (collectively, “Innovair”, “we”, or “us”) provides the https://innovairgroup.us.evostore.io/ website and various related services (collectively, the “Site”), to you, the user, subject to your compliance with all of the terms, conditions and notices contained or referenced herein (these “Terms”), as well as any other written agreement between us and you. In addition, when using particular services or materials on the Site, users shall be subject to any posted rules or guidelines applicable to such services or materials, which may contain terms and conditions in addition to those in these Terms. All such guidelines or rules are hereby incorporated by reference into these Terms.

PLEASE READ THESE TERMS CAREFULLY. BY USING THE SITE YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OR DO NOT AGREE TO THE TERMS AND CONDITIONS OF THESE TERMS, YOU MAY NOT USE THE SITE.

  1. BACKGROUND

    1. Definitions. In these Terms:

      1. “Account” means your account to the Site, represented by your unique Username and Password, which allows you to utilize certain aspects of the Site
      2. “Affiliates” in respect of Innovair, includes our owners, subsidiaries, affiliated companies, officers, directors, employees, agents, licensors, licensees, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering the Site and/or its contents.
      3. “Password” means the initial code provided by Innovair and which you subsequently create or change that, in combination with the Username, allows you to access your Account.
      4. “You” or “Your” or similar terms means the person accessing or using the Site.
      5. “Your Data” means any data, information or materials gathered, compiled, uploaded, created, written, entered, amended, or otherwise authored by you using the Site, but does not include information or other data that is proprietary to Innovair.

  2. AVAILABILITY OF AND CHANGES TO THE SITE

    1. Availability

      The Site is available to individuals, groups, retailers or companies in Canada. You must be legally able to form a binding Contract and have a valid Canadian shipping address to register an Account on the Site. The products, services and information described in this Site are available only in jurisdictions where they may be legally provided. If you are accepting the Terms on behalf of a corporation or other legal entity, you represent and warrant that you are authorized to do so.

    2. Changes to the Site

      We reserve the right, in our sole discretion, to either modify or discontinue the Site, including any of the related features, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on the Site shall also be subject to these Terms.

  3. YOUR ACCOUNT

    1. Account Registration

      You will be required to register an Account as a condition to using certain aspects of the Site. Should you register an Account, you shall provide Innovair with accurate, complete, and updated information. You agree to immediately notify Innovair in writing of any loss, unauthorized disclosure or actual or suspected unauthorized use of your Account. For greater certainty, you are solely responsible for all usage of and activity on your Account or by users using your Username and Password, including without limitation, all orders processed through your Account. Innovair will not be responsible for any unauthorized use of your Username or Password. You are solely responsible for activity that occurs on your Account and shall be responsible for maintaining the confidentiality of your account password.

    2. Username and Password

      When you register an Account you will be required to adopt a user log-on identification (“Username”) and Password. You are solely responsible for maintaining the confidentiality of your Username and Password and agree to use reasonable efforts: (i) to protect the security of your Username and Password; and (ii) not to disclose any Username or Password to any person.

    3. Obligations

      You are solely responsible for your use of the Site and any content you submit as part of your use of the Site, including any information or content you submit with respect to your Account. In addition, you agree as follows with respect to your use of the Site:
      1. not to bypass, disable or otherwise interfere with any security-related features of the Site or features that prevent or restrict use or copying of any Site content or enforce limitations on use of the Site or the Site content;
      2. not to take any action that imposes or may impose (as determined by Innovair in its sole discretion) an unreasonable or disproportionately large load on Innovair's (or its third party providers') infrastructure;
      3. not to use or launch any system that accesses the Site automatically or to install or transmit any computer program or software on or via the Site;
      4. to act in a respectful and conscientious manner when using the Site;
      5. not to use the communication systems provided by the Site for any commercial solicitation purposes, except for as expressly permitted by Innovair;
      6. not to solicit, for commercial purposes, any users of the Site;
      7. that you are not entitled to remuneration or compensation of any kind from us for your use of the Site; and
      8. not to use the Site for any commercial purpose not intended to be allowed by the Site without our prior written consent, including but not limited to:
      9. the sale of access to the Site;
        1. the sale of advertising, sponsorships, or promotions placed on or within the Site or its content; and/or
        2. the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Site content (other than your user content) delivered via the Site, unless other material not obtained from us appears on the same page and is of sufficient value to be the basis for such sales.
      10. We neither endorse nor assume any liability for the contents of any material on the Site, including material uploaded or submitted by third party users of the Site.

    4. Termination and Suspension

      1. You agree that we may, in our sole discretion, terminate or suspend your Account or your access to all or part of the Site with or without notice and for any reason including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for termination and may be referred to appropriate law enforcement authorities.
      2. Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on the Site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

    5. FEES AND PAYMENTS

      1. Prices

        By reviewing the products on the Site (the “Products”) you agree to the following additional terms:
        1. All prices are displayed in Canadian dollars and Innovair reserves the right to change prices at any time.
        2. Products may only ordered from and shipped to Canadian Provinces and Territories.
        3. In some cases there may be minor differences or errors in how a product is described or pictured. We make every effort to limit such differences or errors and will correct such differences or errors when we become aware of them. Please notify us at the address below if you become aware of any such differences or errors.
        4. We cannot guarantee and do not promise any specific results from use of the Site or products purchased. Information is provided for general information purposes only and is not a substitute for professional medical diagnosis or treatment.

      2. Order of Products

        If you choose to purchase any Products through the Site (an “Order”), you agree and warrant as follows:
        1. You are a resident of Canada of the age of majority in the Province or Territory in which you reside and your Order will be shipped to you in the Canadian Province or Territory indicated at the time of Order.
        2. You are not purchasing Products in your Order for your own use only and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations in Canada.
        3. You agree to pay the full amount for your Order plus any applicable taxes and shipping and handling fees. These amounts will be calculated for you at the time of your Order. You may also be responsible for additional charges and will be notified of such charges if they are applicable.

      3. Payment Terms

        Payment must be made through use of a valid credit card or a credit account. Innovair reserves the right to change, or to stop accepting, any permitted payment method at any time in its sole discretion. You agree that Innovair may charge your credit card or credit account in the amount of your product orders, and for any additional amounts (including any applicable taxes) as may be accrued by or due in connection with your use of the Site.

      4. Payment Processor

        You specifically acknowledge that Innovair uses a third party payment processing service (WorldPay (UK) Limited, WorldPlay Limited, WorldPlay AP Limited or any of their affiliated companies, collectively “WorldPlay”) in connection with the Site. You consent to the collection and use of Your Data (including, if applicable, personal information) by such payment processing service as necessary to process your payments. You acknowledge that your Order will be governed by WorldPlay’s privacy policy and terms of use. You can learn more about WordlPlay’s privacy policy here: https://online.worldpay.com/terms/privacy

      5. Consequences of Non-Payment or Delayed Payment

        Failure to make prompt payment of any fee outstanding in respect of your Order shall result in you being in default under these Terms and Innovair may suspend or terminate these Terms and your Account unless you have provided and Innovair has accepted alternative payment terms within ten (10) days of notice of default. Any amounts overdue by more than ninety (90) days will be referred to Innovair’s accounts receivable department or may be, at our sole option, sent to collections and you agree to reimburse Innovair for any and all expenses in connection with Innovair’s collection efforts including reasonable attorney's fees, and costs associated with any compromises and judgments arising therefrom.

      6. Accuracy of Payment Information

        You are responsible to keep all of your information current and accurate in your Account, including your payment and contact information.

      7. Currency

        All pricing on the Site is in Canadian Dollars (CAD) and any reference to “$” is a reference to Canadian Dollars (CAD).

    6. ORDER ACCEPTANCE, CANCELLATIONS, CHANGES, AND RETURNS

      1. Order Acceptance and Cancellation

        You agree that your order is an offer to buy, under these Terms, all products listed in your Order. All Orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept Orders at our sole discretion, even after we send you a confirmation email with your Order number and details of the Product(s) you have ordered.

      2. Returns

        Only products which are marked as being eligible for a return may be returned. Any products which are on sale, discounted, discontinued or otherwise marked as non-returnable are not eligible for returns and are final sale. If a return is accepted, you will be refunded for your purchase, less the original shipping and handling costs, provided that your return is made within 30 days of the order date with valid proof of purchase being provided. Your refund will be credited back to the same payment method used to make the original purchase. Products must be unused, in its original packaging and in resalable condition to be accepted for a return. A restocking fee ranging from 10%-90% may be applicable. All other products are non-returnable and non-refundable. You are responsible for all shipping and handling charges on returned items and you bear the risk of loss during shipping.

    7. SHIPPING

      1. You are responsible to pay all shipping and handling charges. Standard shipping is our default shipping method. Under this option we will utilize Purolator to ship your package. Certain accounts will be allowed to access shipping via Innovair Industrial trucks if the customer is on a regularly scheduled delivery. Shipping costs will be determined based on the weight and size of your order and the distance your order needs to travel. Most orders placed before 3:30 p.m. (Central time) Monday through Friday will be shipped within one to three business days. You will be notified as soon as your order ships via email. Title and risk of loss pass to you upon our transfer of your order to the carrier/delivery provider. We make every effort to ship our packages as soon as the order is received, but certain items may take longer. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. We will include any tracking information available. Please note we are unable to deliver products to P.O. Boxes.

    8. PRIVACY AND DATA

      1. Privacy Statement

        Innovair is committed to respecting the confidentiality and privacy of personal information. Any collection, use or disclosure of personal information by Innovair is subject to the Innovair’s Privacy Policy, a copy of which can be found here, which Privacy Policy is hereby incorporated by reference. By agreeing to these Terms and using the Site, you are also agreeing to the Privacy Policy. Please review the Privacy Policy carefully before using the Site.

      2. Data Security and Integrity

        You shall have sole responsibility for the accuracy, currency, quality, integrity, legality, reliability, and appropriateness of all of Your Data and Innovair shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store, monitor or transmit any data. Innovair shall not be responsible for adequate security, archival and/or back-up procedures on your behalf.

    9. INTELLECTUAL PROPERTY

      1. All Rights Reserved

        Innovair owns and shall own all right, title and interest, in and to the Site and all associated trade-marks, copyright, and other applicable intellectual property rights (collectively, “Innovair IP”). Nothing in these Terms transfers any such intellectual property rights to, or vests any such intellectual property rights in the Innovair IP, to you or any user. You will not take any action to jeopardize, limit or interfere with the Innovair IP. By accepting these Terms, you acknowledge and agree that all content presented to you on the Site is protected by copyrights, trademarks, service marks, patents or other proprietary or intellectual property rights and laws, and is the sole property of Innovair and/or its Affiliates. Except for a single copy made for personal, non-commercial use only, you may not copy, reproduce, modify, republish, upload, post, transmit, sell, license, distribute or otherwise exploit any documents or information from the Site in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on the Site. Any unauthorized use of the materials appearing on the Site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. Neither we nor our Affiliates warrant or represent that your use of materials displayed on, or obtained through, the Site will not infringe the rights, including without limitation intellectual property rights, of third parties.

      2. Your Ownership and License to Use Your Information

        You shall own all right, title and interest in and to Your Data, provided that, to the extent required to provide The Site, you grant to Innovair, a perpetual, unlimited, irrevocable, royalty-free, worldwide, non-exclusive, transferable license permitting Innovair to collect, use, reproduce, adapt, modify, copy, run, bundle, create derivative works of, transmit, display and distribute Your Data for such purposes. Innovair may access your Account, including Your Data, to respond to service or technical problems or as stated in these Terms. Innovair will not monitor, edit, or disclose any information regarding your Account, including any of Your Data, except in accordance with these Terms, applicable laws, or at the direction of legal authorities.

    10. WARRANTY AND DISCLAIMER

      1. General Warranty Disclaimer

        1. THE SITE AND ALL MATERIALS ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SITE AND MATERIALS WILL MEET YOUR REQUIREMENTS OR BE FIT FOR YOUR PURPOSE OR PARTICULAR USE, (B) YOUR USE OF OR ACCESS TO THE SITE AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SITE, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
        2. THE SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE SITE AND THE MATERIALS ON THE SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE SITE OR THE MATERIALS ON THE SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE THE SITE OR SUCH MATERIALS.
        3. THE SITE COULD INCLUDE BUGS, VIRUSES, TROJAN HORSES, OR OTHER DAMAGING OR MALICIOUS COMPUTER PROGRAMS OR SOFTWARE, AND THE SITE PROVIDED COULD BE INTERRUPTED OR CEASED FROM TIME TO TIME. THE USE OF THE SITE OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH THREATS OR ACTIVITIES.

      2. Product Warranties

        CERTAIN PRODUCTS AND EQUIPMENT SOLD THROUGH THE SITE MAY COME WITH A MANUFACTURE’S STANDARD WARRANTY. WARRANTY CLAIM DECISIONS ARE SOLELY AT THE DISCRETION OF THE SPECIFIC MANUFACTURER. YOU ARE ENCOURAGED TO REFER TO THE DOCUMENTATION PROVIDED BY THE MANUFACTURER FOR SPECIFIC DETAILS IN RESPECT OF ANY WARRANTIES. INNOVAIR PROVIDES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED, IN RESPECT OF ANY PRODUCTS OR EQUIPMENT SOLD THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF QUALITY, DURABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

    11. LIMITATION OF LIABILITY AND INDEMNITY

      1. Exclusion of and Limitation to Liability

        IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES OR LOSSES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR OF ANY WEBSITES REFERENCED OR LINKED TO FROM THE SITE. IN THE EVENT THAT ANY CLAIM OR LIABILITY ARISES AGAINST US, OUR AGGREGATE LIABILITY IN CONNECTION WITH THIS AGREEMENT, YOUR USE OF THE SITE AND/OR RELATED SITE OR ANY OTHER CIRCUMSTANCE GIVING RISE TO LIABILITY SHALL BE LIMITED TO DIRECT DAMAGES ONLY, AND SUCH DIRECT DAMAGES SHALL NOT EXCEED $50. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

      2. Indemnity

        UPON A REQUEST BY US, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US AND OUR AFFILIATES HARMLESS FROM ALL LIABILITIES, CLAIMS, AND EXPENSES, INCLUDING SOLICITOR-CLIENT COSTS ON A FULL INDEMNITY BASIS, THAT ARISE FROM YOUR USE OR MISUSE OF THE SITE, YOUR VIOLATION OF ANY OF THE TERMS, YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING, WITHOUT LIMITATION, ANY INTELLECTUAL PROPERTY OR PRIVACY RIGHT, OR ANY CLAIM THAT YOUR CONTENT CAUSED DAMAGE TO A THIRD PARTY. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS AND YOUR USE OF THE SITE.

    12. GENERAL

      1. International Use

        Although the Site may be accessible worldwide, we make no representation that materials on this Site are appropriate or available for use in locations outside Canada, and accessing them from territories or jurisdictions where their contents are illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with the Site is void where prohibited.

      2. Assignment Prohibited

        You may not assign or otherwise transfer these Terms or the rights granted hereunder without the prior written consent of Innovair. Notwithstanding the foregoing, Innovair may, at its sole discretion, assign or transfer this contract or any of its rights hereunder to any third party, without giving prior notice.

      3. Modifications to Terms

        Innovair may amend the terms and conditions of these Terms and you acknowledge and agree that if your continued use of The Site after the date of such change will constitute your acceptance of the updated terms and conditions. No supplement, modification or amendment to these Terms and no waiver of any provision of these Terms shall be binding on Innovair unless executed by Innovair in writing.

      4. Severability

        Each provision of these Terms is intended to be severable and if any provision is determined by a court of competent jurisdiction to be illegal, invalid or unenforceable for any reason whatsoever, such provision shall be severed from these Terms and will not affect the legality or validity or enforceability of the remainder of these Terms or any other provision hereof and these Terms shall be construed, as nearly as possible, to reflect the intentions of the severed provision(s) to the extent possible under applicable law.

      5. Governing Law and Jurisdiction

        The Site (excluding any linked site) is controlled by us from our offices within Manitoba, Canada. It can be accessed from all Canadian Provinces and Territories, as well as from other countries around the world. As each of these places has laws that may differ from those of Manitoba, by accessing this Site you agree with us that the statutes and laws of the Province of Manitoba, without regard to any conflicts of laws principles or any other legislation of any other jurisdiction, will apply to all matters relating to the use of the Site and the purchase of products available through the Site. You agree to submit to the exclusive personal jurisdiction and venue of any court of competent jurisdiction within the Province of Manitoba for all matters arising from your use of the Site.

      6. No Waiver

        Innovair’s failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. Innovair reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions, agreements, or interactions with Innovair.

      7. Notices.

        All notices, requests and other communications required or permitted to be given to you under these Terms will be given by e-mail or posted on The Site website. You are solely responsible for keeping your Account contact information current. All notices, requests and other communications required or permitted to be given by you to Innovair will be given in writing by registered mail to Innovair Medical Limited, 150 McPhillips Street, Winnipeg, Manitoba R3E 2J9 and shall be deemed to have been received by Innovair on the fifth (5th) business day after its mailing.

      8. Enurement

        These Terms shall enure to the benefit of and be binding upon you and Innovair and each party’s respective heirs, administrators, legal representatives, successors and permitted assigns, as applicable.

      9. Entire Agreement

        These Terms, together with the Privacy Policy constitutes the entire agreement between the parties hereto and supersedes all other prior agreements, representations, warranties, statements, promises, information, arrangements and understandings, whether oral or written, express or implied, with respect to the subject matter hereof.

      10. Changes to the Terms

        These Terms are effective as of March 8th, 2023. We reserve the right to change these Terms from time to time without notice to you. You acknowledge and agree that it is your responsibility to review the Site and these Terms from time to time, and to familiarize yourself with any modifications or revisions that may be made. Your continued use of the Site after such modifications or revisions will constitute your acknowledgement of the modified Terms, and your agreement to abide and be bound by the modified Terms.

      11. Contact

        Should you have any questions concerning the Site or these Terms, please contact Innovair at:
        204.772.9476
        Industrial.info@innovairgroup.com
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