Effective November 1, 2018

1. INTRODUCTION

Please read carefully the website, www.alkiss.ca (“Website”) of Alkiss Water (“AW”), a division of YYoung Water Limited.  You may purchase products and services from AW, including but not limited to bottled water or water delivery services (collectively, the “Products”) through this Website. Your access to and use of this Website and purchase of the Products is subject to your acceptance of and compliance with these Terms.  If you do not agree with one or more of these Terms, we ask you not to access or use the Website.

This Website uses cookies. By using this Website and agreeing to these Terms, you consent to AW’s use of cookies in accordance with the terms of AW’s Privacy Policy. 

AW reserves the right to change these Terms at any time without prior notice and your continued access or use of this Website after such changes indicates your acceptance of the Terms as modified.  It is your responsibility to review these Terms regularly.

2. LICENSE TO USE WEBSITE

Unless otherwise stated, AW and/or its licensors own the intellectual property rights in the Website and material on the Website. Subject to the license below, all these intellectual property rights are reserved. 

You must not:

  • republish material from this Website (including republication on another website);
  • sell, rent or sub-license material from the Website;
  • show any material from the Website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this Website for a commercial purpose;
  • edit or otherwise modify any material on the Website; and
  • redistribute material from this Website except for content specifically and expressly made available for redistribution. 

You may not remove any trade-mark, copyright or other proprietary notices from such copy nor modify the material or content in any way. Except as otherwise set out in these Terms, any copying or reproduction of this Website’s materials or content, in whole or in part, for commercial purposes or distribution, re-transmission, republication, modification, reverse engineering, sale or other exploitation of this Website or this Website materials or content without the prior written permission of AW is strictly prohibited. AW reserves the right to take such steps as it deems necessary, including legal action, to restrain such unauthorized and prohibited activity and AW reserves the right to suspend or terminate your access to any part of this Website immediately, without prior notice, at its sole discretion. You are solely and fully responsible for all consequences, however remote, resulting from your use of this Website.

In addition to complying with these Terms, you agree to use this Website and materials on this Website for lawful purposes only and in a manner consistent with local, national or international laws and regulations. Some jurisdictions may have restrictions on the use of the Internet by their residents.

Potential users of this Website, in any jurisdiction of the world whose laws would: (i) void these Terms in whole or in any essential part (the essential parts being at least, but not only, the provisions relating to governing law, and limitation of liability); or (ii) render accessing this Website illegal; are unauthorized to use this Website.

You agree not to use this Website in any manner that: (i) infringes, violates or misappropriates the intellectual property rights of any third party; or (ii) may be considered defamatory, discriminatory or otherwise malicious or harmful to any person or entity.

You must not use this Website:

  • to do anything that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.;
  • to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
  • to conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this Website without AW’s express written consent;
  • to transmit or send unsolicited commercial communications; and
  • for any purposes related to marketing without AW’s express written consent. 

3. INFORMATION ACCURACY AND USE

AW makes no representations or warranties in relation to this Website or the information and materials provided on this Website. 

Without prejudice to the generality of the foregoing paragraph, AW does not warrant that: 

  • this Website will be constantly available, or available at all;
  • the information on this Website is complete, true, accurate, complete,  non-misleading, or suitable for any particular purpose.

Nothing on this Website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional. Accordingly, you use or rely on such information at your own risk.

The information contained in this Website, including prices and policy terms and conditions, is subject to change or can be updated without prior notice. Please contact us for more current information regarding products and services offered by AW.

4. TRADEMARKS AND COPYRIGHT

Alkiss Water, www.alkiss.ca, alkiss ® and related words and logos, as well as the names of other products or services of AW, are trade names, trade-marks or registered trade-marks of AW. The names of other companies, products or services referred to in this Website may be the trade-marks of their respective owners.  Nothing in these Terms or on this Website will be construed as granting or conferring, either expressly, by implication, by estoppel or otherwise, a licence or other right to you to use any such marks or names or any other intellectual property right of AW.  Any unauthorized use of any of these trade names or trade-marks is prohibited.

The materials provided on this Website including, without limitation, all portions of this Website, content, site design, text, graphics and the selection and arrangement thereof, are protected by copyright.  All rights reserved. Title to AW’s materials remains with AW and any unauthorized use of such materials is strictly prohibited. AW reserves the right to take such steps as it deems necessary, including legal action, to enforce its rights under trade-mark and copyright law.

All contents of this Website are copyright © YYOUNG Water Limited and all rights are reserved.

5. DISCLAIMERS

You understand and agree that:

  1. use of this Website is at your sole risk. This Website and the Products are provided on an “as is”, “as available” basis. Neither AW, its parent, subsidiaries, affiliates, nor any of their respective employees, agents, officers, directors or third party service providers (collectively, “Company Parties”) make any warranty or condition of any kind, whether express or implied, regarding this Website or the Products and Company Parties specifically disclaim the implied warranties and conditions of merchantable quality, fitness for a particular purpose and non-infringement of third party rights, to the maximum extent permitted by law.
  2. Company Parties make no warranties or conditions regarding the quality, reliability, timeliness or security of the Website or that the Website will be uninterrupted or error-free. Company Parties assume no responsibility or liability for the deletion or failure to store or access, or to store or access properly, email messages and electronic files. You assume the entire risk in downloading or otherwise accessing any data, files or other materials obtained from third parties, even if you have paid for virus protection services.
  3. The access to and downloading of material from this Website is done at your own risk. AW makes reasonable efforts to ensure that this Website is virus-free, but AW does not at any time guarantee or warrant that such materials are free of viruses, worms, Trojan horses or other destructive code. You are responsible for implementing safeguards to protect your computer system and data and you are responsible for the entire cost of any service, repairs or corrections necessary as a result of the use of this Website.

6. PRIVACY AND USE OF PERSONAL INFORMATION

You have read AW’s Privacy and Data Handling Policy [www.alkiss.ca/privacy-data-handling-policy], the terms of which appear on this Website and are incorporated into these Terms. You agree that the terms of the Privacy Policy are reasonable. You consent to the collection, use and disclosure of your personal information by AW or its agents or representatives in accordance with the Terms of and for the purposes set forth in the Privacy Policy.

7. BREACHES OF THESE TERMS AND CONDITIONS

Without prejudice to AW other rights under these Terms, if you breach these Terms in any way, AW may take such action as AW deems appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you. 

8. HYPERLINKS

Hyperlinks are provided for your convenience only. These links do not imply an endorsement of any linked sites or an affiliation with their owners or operators. AW has no control over the content of any linked site. This content is the sole responsibility of the owner or operator of the linked site.

9. LIMITATIONS OF LIABILITY

IN NO EVENT WILL COMPANY PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, COMPENSATORY OR PUNITIVE DAMAGES OR LOSSES OR DAMAGES FOR, INTER ALIA, LOSS OF INCOME, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES OR OTHER PECUNIARY LOSS, ARISING OUT OF OR RELATED TO THESE TERMS, THE USE OF THIS WEBSITE OR THE FOR THE PRODUCTS AND SERVICES PURCHASED FROM AW. COMPANY PARTIES WILL NOT BE LIABLE FOR ANY ACTUAL OR ALLEGED INFRINGEMENT BY ANY THIRD PARTY MATERIALS AVAILABLE THROUGH THE WEBSITE. IN NO EVENT WILL THE CUMULATIVE LIABILITY OF COMPANY PARTIES ARISING OUT OF OR RELATED TO THESE TERMS EXCEED THE AMOUNT PAID BY YOU IN YOUR LAST PURCHASE WITH AW, IF ANY. TO THE EXTENT THAT SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS ON SOME CATEGORIES OF DAMAGES, THESE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

THE FOREGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY APPLY REGARDLESS OF THE CAUSES, CIRCUMSTANCES OR FORM OF ACTION GIVING RISE TO THE LOSS, DAMAGE, CLAIM OR LIABILITY, EVEN IF SUCH LOSS, DAMAGE, CLAIM OR LIABILITY IS BASED UPON BREACH OF CONTRACT (INCLUDING, WITHOUT LIMITATION, A CLAIM OF FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM), TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND EVEN IF ADVISED OF THE POSSIBILITY OF THE LOSS, DAMAGE, DELAY, CLAIM OR LIABILITY.

You acknowledge and agree that these Terms present a fair allocation of risk and liability, and that this section 10 is an essential part of the bargain between the parties, a controlling factor in setting any fees or other charges, and an inducement to the parties to enter into these Terms.

10. REASONABLENESS

By using this Website, you agree that the exclusions and limitations of liability set out in this Website disclaimer are reasonable. 

If you do not think they are reasonable, you must not use this Website. 

11. OTHER PARTIES

You agree that you will not bring any claim personally against AW’s directors, officers or employees in respect of any losses you suffer in connection with the Website or the Products purchased from AW.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in these Terms will protect AW’s directors, officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as AW. 

12. INDEMNITY

You hereby indemnify AW and undertake to keep AW indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by AW to a third party in settlement of a claim or dispute on the advice of AW’s legal advisors), claims, complaints, demands, actions, suits, proceedings, obligations, and liabilities (including settlement payments) arising from, connected with or relating to your use of this Website, its content or materials, or your negligence, misconduct, or breach of these Terms.  Notwithstanding the foregoing, AW retains the right to participate in the defense of and settlement negotiations relating to any third party claim, complaint, demand, action, suit or proceeding with counsel of its own selection.

13. ASSIGNMENT

AW may transfer, sub-contract or otherwise deal with rights and/or obligations under these Terms without notifying you or obtaining your consent. 

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms. 

14. SEVERABILITY

If a provision of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect. 

15. ENTIRE AGREEMENT

These Terms, together with the Terms and Conditions of Sale, and all other notices, policies, and statements contained on this Website (all as may be amended by AW from time to time without prior notice) constitute the entire agreement between you and AW in relation to your use of this Website, and supersede all previous agreements in respect of your use of this Website.  If in any jurisdiction, any of these Terms are held to be unenforceable by a court of competent jurisdiction, such Terms will be restricted or eliminated to the minimum extent necessary and the remaining Terms will otherwise remain in full force and effect. The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

16. LAW AND JURISDICTION

These Terms will be governed by and construed in accordance with laws of the Province of British Columbia and of Canada, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of the Province of British Columbia, Canada. 

17. REGISTRATIONS

AW is registered with GoDaddy.Com Verify Security.

The full name of ALKISS is ALKISS WATER, and is a division of YYoung Water Limited.

Alkiss Water’s registered address is at 6756 Royal Oak Ave. Burnaby, B.C. Canada V5H 3P7. 

You can contact AW by email at info@alkiss.ca.



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