Terms  of  Use

Introduction

This website is operated by Domus Optima Co. Ltd. The terms “we”, “us”, and “our” refer to Domus Optima Co. Ltd. The use of our website is subject to the following terms and conditions of use, as amended from time to time (hereinafter referred to as the “Terms”). The Terms are to be read together by you with any terms, conditions or disclaimers provided in the pages of our website. Please review the Terms carefully.

The Terms apply to all users of our website, including without limitation, users who are browsers, customers, agents, vendors and/or contributors of content (hereinafter referred to as “User” our “you”). If you access and use this website, you accept and agree to be bound by and comply with the Terms and our Privacy Policy. If you do not agree to the Terms or our Privacy Policy, you are not authorized both to access our website and to use any of our website’s services.

Use of Our Website

 You agree to use our website for legitimate purposes and not for any illegal or unauthorized purpose, including without limitation, in violation of any intellectual property or privacy law. By agreeing to the Terms, you represent and warrant that you are at least the age of majority in your province/country of residence and are legally capable of entering into a binding contract.

You agree to not use our website to conduct any activity that would constitute a civil or criminal offence or violate any law, rule or regulation. You agree not to:

  • interfere with or disrupt this website or any of our computer systems, servers, networks, databases, software, hardware or equipment used by or for this website;
  • interfere with the use or enjoyment of this website by others;
  • introduce code which is disruptive or harmful;
  • attempt to gain unauthorized access to our computer systems, servers, networks, databases, software, hardware or equipment, including to: user-restricted areas of this website; logins and passwords of others; or personal information and personal accounts of others.

Services and Transactions

We may provide you with access to online services or transactions through this website. Additional or different terms of use may apply to those services or transactions. You should carefully review the terms and conditions that apply before obtaining the particular service or completing a transaction. Where these Terms are different from those terms and conditions, those terms and conditions will apply to the extent of the difference.

In order to access and use our services as well as certain sections and features of our website, you must first register and create a members account with us. We strongly encourage you to keep the log-in credentials of your members account confidential as if anyone other than yourself accesses your members account and its features, you will be solely and fully responsible for all activities that occur under your members account with us, whether or not specifically authorized by you, and for any damages, expenses or losses that may result from such activities.

You agree to provide us with accurate personal information, such as your email address, mailing address and other contact details in order to deliver our services or contact you as needed. You agree to promptly update your members account and information. You authorize us to collect and use this information to contact you in accordance with our Privacy Policy.

General Conditions

We reserve the right to refuse service to anyone, at any time, for any reason. We reserve the right to make any modifications to the website, including terminating, changing, suspending or discontinuing any aspect of the website at any time, without notice. We may impose additional rules or limits on the use of our website. You agree to review the Terms regularly and your continued access or use of our website will mean that you agree to any changes.

You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of our website or for any service, content, feature or product offered through our website.

Links from or to some widely-used social media platforms as well as websites outside our website are meant for convenience only. We do not review, endorse, approve or control, and are not responsible for any social media platforms and sites linked from or to our website, the content of those sites, the third parties named therein, or their products and services. Linking to any social media platform and other site is at your sole risk and we will not be responsible or liable for any damages in connection with linking. Just to be clear, providing a link to them doesn’t mean that we endorse or recommend them to you.

Also, since these other websites and social media platforms are controlled and maintained by other people/entities, we can’t be sure that the link will still work when you click on it or that the service or content is useful, appropriate, virus-free or reliable. Therefore, you need to decide for yourself whether you want to follow any link or to agree to receive or rely on any service or content that is made available to you.

User Comments, Feedback, and Other Submissions

This website may allow you and others to submit content to this website. If you choose to submit content, please be civil and respectful. You acknowledge that you are responsible for the information, profiles, opinions, messages, comments and any other content (collectively, the “Content”) that you post, distribute or share on or through our website or services available in connection with our website.

You further acknowledge that you have full responsibility for the Content, including but limited to, with respect to its legality, and its trademark, copyright and other intellectual property ownership. You agree that any Content submitted by you in response to a request by us for a specific submission may be edited, adapted, modified, recreated, published, distributed, or not posted by us. You further agree that we are under no obligation to maintain any Content in confidence, to pay compensation for any Content or to respond to any Content.

You agree that you will not post, distribute or share any Content on our website that:

  • misleads us or anyone else as to your identity or the origin of the submitted content, or falsely claim to represent a person, organization or entity;
  • you either do not own or do not have the necessary rights to post or transmit;
  • is in violation of any law, rule or regulation or any third party right, or promotes illegal activity or conduct that would contravene any law, rule or regulation or third-party right;
  • is abusive, hateful, homophobic, discriminatory, malicious, aggressive, threatening, violent, sexist, harassing, inflammatory, indecent, tortious, defamatory, knowingly false, misleading, deceptive, vulgar, obscene, offensive, scandalous, sexually explicit, profane, offensive or otherwise objectionable;
  • incites hatred, racism, bigotry or physical harm of any kind;
    is unsolicited or unauthorized, such as unsolicited or unauthorized advertising, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme,” or any other form of solicitation (commercial or otherwise);
  • is in breach of any confidence;
  • contains any malware or computer virus that could affect our website’s operations.

You will be solely liable for any Content that you make and its accuracy. We have no responsibility and assume no liability for any Content posted by you or any third-party. We reserve the right to terminate your ability to post on our website and to remove and/or delete any Content that we deem objectionable. You consent to such removal and/or deletion and waive any claim against us for the removal and/or deletion of your Content.

Your Personal Information

Your privacy is important to us! Please see our Privacy Policy to learn about how we collect, use, and share your personal information.

Please note: any information that you provide to or through a social media platform or other website is not collected or controlled by us. Social media platforms or other websites are not bound by our Privacy Policy. You should review the privacy policies of any linked website or social media platform before providing any personal or other information. Others may not comply with the same privacy laws, policies and practices that we do. Please be careful.

Intellectual Property Rights

This website and all of its content, features and functionality (including, but not limited to all information, text, code, software, trademarks, service marks, trade names, displays, images, video, audio, design, selection and arrangement thereof) is owned by us, our licensors, or other providers of such material, and is protected by the Canadian and international copyright, trademark and other intellectual property or proprietary rights laws.

These Terms grant you a personal, non-exclusive, non-transferable, revocable license to access and use this website and its content. You may access the material on this website only for your own personal, non-commercial use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our website, except as incidental to normal web browsing, such as the making of temporary copies in RAM or the cache of your internet browser, and for features of the website that enable sharing via e-mail, social media, linking, and other platforms expressly enabled by our website.

Any use of this website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

Errors and Omissions

Please note that our website may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time, without prior notice (including after an order has been submitted). Such errors, inaccuracies or omissions may relate to service description, pricing, promotion and availability and we reserve the right to cancel or refuse any transaction made based on incorrect pricing or availability information, to the extent permitted by applicable law. We do not undertake to update, modify or clarify information on our website, except as required by law.

Disclaimer and Limitation of Liability

You assume all responsibility and risk with respect to your use of our website, which is provided “as is” without warranties, representations or conditions of any kind, either express or implied, with regard to information accessed from or via our website, including without limitation, all content and materials, and functions and services provided on our website, all of which are provided without warranty of any kind, including but not limited to warranties concerning the availability, accuracy, completeness or usefulness of content or information, uninterrupted access, and any warranties of title, non-infringement, merchant-ability or fitness for a particular purpose. We do not warrant that our website or its functioning or the content and material of the services made available thereby will be timely, secure, uninterrupted or error-free, that defects will be corrected, or that our websites or the servers that make our website available are free of viruses or other harmful components.

The use of our website, any linked website or linked social media platform is at your sole risk and you assume full responsibility for any costs associated with your use of them. We will not be liable for any damages of any kind related to the use of our website, any linked website or linked social media platform. In no event will we, or our affiliates, our or their respective content or service providers, or any of our or their respective directors, officers, agents, contractors, suppliers or employees be liable to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action, or lost revenue, lost profits, lost business or sales, or any other type of damage, whether based in contract or tort (including negligence), strict liability or otherwise, arising from your use of, or the inability to use, or the performance of, our website or the content or material or functionality through our website, even if we are advised of the possibility of such damages.

Indemnification

You agree to defend and indemnify us, and hold us and our affiliates harmless, and our and their respective directors, officers, agents, contractors, and employees against any losses, liabilities, claims, expenses (including legal fees) in any way arising from, related to or in connection with your use of our website, your violation of the Terms, or the posting or transmission of any materials on or through the website by you, including but not limited to, any third party claim that any information or materials provided by you infringe upon any third party proprietary rights.

Entire Agreement

The Terms and any documents expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of the Terms and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and we acknowledge that, in entering into these Terms, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and us prior to such Terms, except as expressly stated in the Terms.

Waiver

Our failure to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us is effective unless it is communicated to you in writing.

Headings

Any headings and titles herein are for convenience only.

Severability

If any of the provisions of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable, such provision will to that extent be severed from the remaining Terms, which will continue to be valid and enforceable to the fullest extent permitted by law.

Governing Law

These Terms are governed by the laws of the Province of Ontario and deemed to be entered into by you in the Province of Ontario. Any disputes arising out of or relating to the Terms, the Privacy Policy, use of our website, or our products or services offered on our website will be resolved in accordance with the laws of the Province of Ontario without regard to its conflict of law rules. Any disputes, actions or proceedings relating to the Terms or your access to or use of our website must be brought before the courts of the Province of Ontario in the City of Newmarket, Ontario and you irrevocably consent to the exclusive jurisdiction and venue of such courts.

Questions or Concerns

Any questions, comments, feedback or concerns related to this Terms may be directed to us either through the  Online Contact Form or by e-mail at or by mail at:

Domus Optima Co. Ltd.
17075 Leslie Street, Unit 7
Newmarket, ON, L3Y 8E1
Canada

Last updated: July 7, 2019
Created: September 9, 2018

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