This Terms of Use agreement is available for users on every page of the Oneka Elements website. By using this site, or ordering products from Oneka Elements, you signify your assent to this agreement. If you do not agree to the terms and conditions contained in this agreement, you may not access or otherwise use this site. Oneka Elements is providing this site and its contents on an "as is" basis. Oneka Elements and its officers, directors, employees, agents, licensors, suppliers, content providers and the like (together, "affiliates") make no representations or warranties of any kind, express or implied, with respect to this site or its contents, including without limitation the products, information or services offered or sold on or through this site or any other site to which this site links (each a "Linked Site") and the uninterrupted and error-free use of this site. Oneka Elements and its affiliates expressly disclaim all such representations and warranties, including without limitation all warranties of merchantability, accuracy, timeliness, completeness, fitness for a particular purpose and non-infringement. No oral or written statements by Oneka Elements or its affiliates will create any warranty not expressly set forth herein. Your use of this site and any linked site is at your sole risk.
Ecoterre Distribution Ltd. takes all reasonable actions to ensure that the information, product details, descriptions and prices on this website are current, correct and error free. We make every attempt to maintain the accuracy of all information contained within this website. Some information, including product descriptions are not warranted or bound by any such inaccuracies.
Articles, news and postings posted by our staff, are expressions of individual personal opinion. These articles and postings are provided for informational purposes only.
We reserve the right to correct any errors, inaccuracies or omissions, edit content, product availability and pricing at any time without prior notice. These changes may take place even after an order has been placed. If your order is found to contain a typographical error in pricing or availability, you will be contacted about any error as soon as possible to arrange for a resolution of the discrepancy. If you find what you believe to be an error, please contact us and we will investigate and edit the content accordingly.
Product availability is subject to supply limitations. Many offers are only valid while supplies last. Ecoterre Distribution Ltd. reserves the right to add or withdraw any product(s) from this website at any time and/or remove or edit any materials, articles or content on this website at any time. Ecoterre Distribution Ltd. reserves the right to refuse to process any transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to any party by reason of our withdrawing any product(s) from this website, or refusal to process any order.
CONTENT
The Intellectual Property Rights in this website and the materials on or accessible via it belong to Ecoterre Distribution Ltd. This website and the materials on or accessible via it and the Intellectual Property Rights therein may not be copied, distributed, published, licensed, used or reproduced in any way (save to the extent strictly necessary for, and for the purposes of, accessing and using this website).
Oneka Elements and the Oneka Elements Logo are trade marks which belong to Ecoterre Distribution Ltd. and they may not be may not be used, copied or reproduced in any way without written consent from Ecoterre Distribution Ltd.
For these purposes "Intellectual Property Rights" includes the following (wherever and when ever arising and for the full term of each of them): any patent, trade mark, trade name, service mark, service name, design, design right, copyright, database right, moral rights, know how, trade secret and other confidential information, rights in the nature of any of these items in any country, rights in the nature of unfair competition rights and rights to sue for passing off or other similar intellectual or commercial right (in each case whether or not registered or registrable) and registrations of and applications to register any of them.
LIMITATION OF LIABILITY
The Website is provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
To the extent permitted by law, Ecoterre Distribution Ltd. will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
Ecoterre Distribution Ltd. makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Ecoterre Distribution Ltd. for death or personal injury as a result of the negligence of Ecoterre Distribution Ltd. or that of its employees or agents.
INDEMNITY
You agree to indemnify and hold Ecoterre Distribution Ltd. and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Ecoterre Distribution Ltd. arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
SEVERABILITY
In the event that any provision of this Agreement is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable or indications of the same are received by either you or us from any relevant competent authority, we shall amend that provision in such reasonable manner as achieves the intention of the parties without illegality or, at our discretion, such provision may be severed from this Agreement and the remaining provisions of this Agreement shall remain in full force and effect.
APPLICABLE LAW AND DISPUTE
This Agreement and all matters arising from it are governed by and construed in accordance with the laws of Canada whose courts shall have exclusive jurisdiction over all disputes arising in connection with this Agreement and the place of performance of this Agreement is agreed by you to be Canada.
HEADINGS
Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
ENTIRE AGREEMENT
These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.
Ecoterre Distribution Ltd. reserves the right to add, delete, or modify any provision this Agreement at any time without notice.