General terms & conditions

TERMS AND CONDITIONS

YOU ACKNOWLEDGE AND AGREE THAT THE PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND BY AQUARIUM ILLUSIONS INC., EITHER EXPRESSED OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THE PRODUCTS INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, GOOD WORKING ORDER, TITLE, NON-INFRINGEMENT AND THOSE ARISING BY STATUTE OR OTHERWISE AT LAW, OR FROM A COURSE OF DEALING OR USE OF TRADE. THE PRODUCTS ARE ONLY SUBJECT TO THE WARRANTIES OFFERED BY THEIR RESPECTIVE MANUFACTURERS OR SUPPLIERS, IF ANY. AQUARIUM ILLUSIONS INC. DOES NOT WARRANT THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED IN THE SITES. 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AQUARIUM ILLUSIONS INC. SHALL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES, ANY LOSSES, HOWSOEVER CAUSED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE PURCHASE OF PRODUCTS OFFERED ON THE SITES (INCLUDING BUT NOT LIMITED TO THEIR USE, SUITABILITY OR AVAILABILITY), ANY INFORMATION OR CONTENT AVAILABLE ON THE SITES, ANY ERROR, OMISSION, INTERRUPTION, UNAVAILABILITY, DEFECT, DELAYS IN DELIVERY, MODIFICATION OF PRODUCT OFFERINGS OR ANY TRANSACTION CONDUCTED ON THE SITES, WHETHER OR NOT AQUARIUM ILLUSIONS INC. , HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

YOU EXPRESSLY AGREE THAT ALL PURCHASES YOU MAKE ON THE SITES ARE AT YOUR SOLE RISK.

IN THE EVENT THAT AQUARIUM ILLUSION INC. IS FOUND LIABLE TO YOU NOTWITHSTANDING THE TERMS OF SALE, AQUARIUM ILLUSIONS INC. AGGREGATE LIABILITY SHALL NOT EXCEED THE PURCHASE PRICE OF THE PRODUCT OR THE AMOUNT OF THE TRANSACTION AT ISSUE.

THE LIMITATIONS OF LIABILITY AND DISCLAIMERS CONTAINED HEREIN APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, NEGLIGENCE, EXTRA-CONTRACTUAL LIABILITY, TORT, STRICT LIABILITY OR ANY OTHER THEORY OF LAW. THE LAWS APPLICABLE IN YOUR JURISDICTION MAY PROHIBIT CERTAIN LIABILITY LIMITATIONS AND DISCLAIMERS AND MAY AFFORD YOU ADDITIONAL RIGHTS.

IN THIS SECTION, REFERENCES TO AQUARIUM ILLUSIONS INC. SHALL INCLUDE AQUARIUM ILLUSIONS INC. DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES AND THIRD PARTY SUPPLIERS. 

1. INDEMNIFICATION

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS AQUARIUM ILLUSIONS INC. AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES FROM AND AGAINST ALL CLAIMS, DAMAGES, LOSSES, EXPENSES, AND COSTS, INCLUDING LEGAL FEES, ARISING OUT OF YOUR USE OF OR ACCESS TO THE SITES, YOUR PURCHASES OR YOUR BREACH OF THE TERMS OF SALE.

1. GENERAL

THE TERMS OF SALE SHALL BE GOVERNED BY, AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE PROVINCE OF ALBERTA AND THE FEDERAL LAWS OF CANADA APPLICABLE THEREIN. 

REGARDLESS OF WHERE YOU ACCESS THE SITES, BOTH AQUARIUM ILLUSIONS INC, AND YOU, AGREE THAT ANY DISPUTE ARISING OUT OF OR RELATING TO THE TERMS WILL BE EXCLUSIVELY BROUGHT BEFORE THE COMPETENT COURTS OF THE PROVINCE OF ALBERTA, IN THE DISTRICT OF EDMONTON.

IF FOR ANY REASON A COURT OF COMPETENT JURISDICTION FINDS ANY PROVISION OF THE TERMS OF SALE OR PORTION THEREOF TO BE UNENFORCEABLE, THAT PROVISION SHALL BE ENFORCED TO THE MAXIMUM EXTENT PERMISSIBLE SO AS TO GIVE EFFECT TO THE INTENT OF THE TERMS OF SALE, AND THE REMAINDER OF THE TERMS OF SALE SHALL CONTINUE IN FULL FORCE AND EFFECT.

THE TERMS OF SALE ARE BINDING UPON AND WILL ENSURE TO THE BENEFIT OF YOU AND US AND OUR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS.

AQUARIUM ILLUSIONS INC’S FAILURE TO OR DELAY IN EXERCISING ITS RIGHTS OR REMEDIES SHALL NOT IMPAIR OR BE CONSIDERED AS A WAIVER THEREOF AT ANY TIME.