Terms and Conditions
Welcome to heavenfresh.ca ("Heaven Fresh Website"). This Website is operated by Heaven Fresh Canada Inc., 1600 Aimco Blvd., Unit 5 Mississauga, ON L4W 1V1 Canada.
The Website contains certain information regarding the Heaven Fresh proprietary Smart WiFi Air Purifier and Smart WiFi Air Purifier with respect to monitoring and control service and related software and also allows you to create a user account.
Acceptance of Terms
Your use of the Heaven Fresh Website, Heaven Fresh Account and the Software (or any part thereof) (collectively the “Heaven Fresh Service”) is governed by these Terms of Service, which constitute a binding legal agreement between you and Heaven Fresh (“Agreement”). By using the Heaven Fresh Service you agree to abide by these Terms of Service. If you do NOT agree to all of these Terms of Service, you should NOT access or use any aspect of the Heaven Fresh Service. These Terms of Service will remain in full effect for the time that you continue to use or access the Heaven Fresh Service or until terminated in accordance with the provisions of this Agreement. These terms may change from time to time at the discretion of Heaven Fresh and such changes will take effect from the time such changes are posted on the Heaven Fresh Website. You should regularly review these Terms of Service. Heaven Fresh reserves the right to make changes to, suspend or terminate Heaven Fresh Accounts at its discretion without prior notice.
Access To The Service
Heaven Fresh hereby grants you the right to use the Heaven Fresh Service solely for accessing, monitoring and controlling the Heaven Fresh units installed at your own property from your own mobile or other computer devices and you are solely responsible for restricting access to such computer devices that can monitor and control the Heaven Fresh units installed on your property. Heaven Fresh reserves the right to limit the number of Accounts that can be created from a computer device and the number of computer devices that can access an individual Heaven Fresh Account.
Heaven Fresh reserves the rights to either temporarily or permanently modify or terminate the Heaven Fresh Service (or any part thereof). Heaven Fresh will post on our website and/or will send you an email to the address associated with your Heaven Fresh Account to provide the notice of any material changes to the Heaven Fresh Service. If you do not like the modifications to the Heaven Fresh Service, your sole remedy is to cease using the Heaven Fresh Service.
Interruptions To And Availability Of The Heaven Fresh Service
Heaven Fresh is not liable for any interruptions to internet connectivity, Wi-Fi connectivity or availability of services offered through third parties. Any materials downloaded from the Heaven Fresh Website are done so at your own risk. Heaven Fresh will not be held accountable for damage to computer equipment or loss of data as a result of downloads from the Heaven Fresh Website. Heaven Fresh will not be responsible for any problems or liability arising from the use of third party software or hardware in relation to the Heaven Fresh Service.
You agree that the Heaven Fresh Service availability is dependent on your mobile or computer device, device carrier, your internet service provider, your home wiring, your Wi-Fi hardware and other software and hardware that is used to control the Heaven Fresh Service. You acknowledge and agree that Heaven Fresh cannot be held responsible for fees and charges associated with these products and services. Third-party Software, Hardware or content You agree that Heaven Fresh cannot be held responsible for software, hardware or content developed by third parties that interacts with the Heaven Fresh Service or the Heaven Fresh unit/s. It is your responsibility to read and accept any third party user licensing agreements. In the event that the third party terms of service are less restrictive than the Heaven Fresh Terms of Service, then the Heaven Fresh Terms of Service will apply.
Any link from the Heaven Fresh Website or Heaven Fresh App to any third party website or content will not be considered an endorsement of such website or content, or the products or services available through such website.
Indemnification and Release
You agree to indemnify and hold harmless Heaven Fresh, its subsidiaries, affiliates, partners and suppliers and each of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns, from and against any damages, liabilities, costs and expenses (including reasonable attorneys' and professionals' fees and litigation costs) that arise out of any violation of these Terms of Service by you.
If you have a dispute with one or more users of the Heaven Fresh Service, you release Heaven Fresh, its subsidiaries, affiliates, partners and suppliers, and each of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
DISCLAIMER; Limitation of Liability THE HEAVEN FRESH SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". HEAVEN FRESH AND ITS SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS AND SUPPLIERS HEREBY EXPRESSLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF ANY ASPECT OF THE HEAVEN FRESH SERVICE. IN NO EVENT SHALL HEAVEN FRESH OR ANY OF ITS SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL OR OTHER DAMAGES RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE ACCESS, USE OF, OR INABILITY TO ACCESS OR USE THE HEAVEN FRESH SERVICE, EVEN IF HEAVEN FRESH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES EXCEPT TO THE EXTENT SUCH DAMAGES ARISE DIRECTLY AND SOLELY FROM WILLFUL MISCONDUCT OR GROSS NEGLIGENCE ON THE PART OF HEAVEN FRESH.
If you live in a country or state that does not allow any of the foregoing exclusions or limitations of liability or any of the disclaimers of warranties in Section 4 above, such exclusions or limitations will not apply to you but only to the extent such exclusions or limitations are not allowed. In such case, such exclusions or limitations shall be limited to the extent required by applicable law.
Ownership by Heaven Fresh
Heaven Fresh and/or its licensors retain all right, title, and interest in and to the Heaven Fresh Service and all aspects thereof, including all patents, copyrights, trade secrets, and other intellectual property rights incorporated therein. You may not remove or destroy any product identification, copyright notices, or other proprietary markings or restrictions from any aspect of the Heaven Fresh Service or any Heaven Fresh product.
You acknowledge that any ideas, inventions, suggestions for improvement or discussions submitted by you regarding any aspect of the Heaven Fresh Service (“Feedback”) that are not already subject to third party intellectual property rights may be used by Heaven Fresh or any other user of the Heaven Fresh Service without compensation or attribution, and you hereby grant Heaven Fresh, its subsidiaries, affiliates and partners a worldwide, irrevocable, royalty free, non-exclusive, sublicenseable and transferable license under all intellectual property rights in the Feedback for any purpose. You acknowledge that any Feedback submitted to Heaven Fresh or the Heaven Fresh Website constitutes “publication” of such inventions under applicable patent law.
Export Control: You may not use or otherwise export or re-export the Heaven Fresh Service (or any aspect thereof) except as authorized by Canadian law and the laws of the jurisdiction in which the Heaven Fresh Service was obtained. In particular, but without limitation, the Heaven Fresh Service may not be exported or re-exported (a) into any Canadian embargoed countries or (b) to anyone on the Canadian Treasury Department's list of Specially Designated Nationals or the Canadian Department of Commerce Denied Person’s List or Entity List. By using the Heaven Fresh Service, you represent and warrant that you are not located in any such country or on any such list.
Assignment: You may not assign this Agreement or any of your rights, obligations, or liabilities hereunder without the prior written consent of Heaven Fresh, and any attempted assignment or delegation in violation of the foregoing will be void.
Jurisdiction; Dispute Resolution: This Agreement or the performance, enforcement, breach or termination hereof shall be construed, governed, and interpreted in accordance with the laws of the province of Ontario, Canada, without regard to its conflict of laws principles. The terms of the United Nations Convention on Contracts for the International Sale of Goods (1980) shall not apply to the interpretation or enforcement of this Agreement. You consent to the jurisdiction of all federal and state courts in Mississauga, Ontario and agree that venue shall be in Mississauga, Ontario. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, or use of the Heaven Fresh Service or Heaven Fresh units shall be settled by arbitration administered by the ICDR Canada under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator[s] may be entered in any court having jurisdiction thereof.
Severability: If any provision, right or remedy provided for herein is determined by a court of competent jurisdiction to be invalid, void or enforceable, the validity and enforceability of the remaining provisions will not be affected thereby.
No Waiver: No waiver will be implied from conduct or failure to enforce rights. No provisions of this Agreement shall be deemed waived unless such waiver is in writing and signed by the authorized representative of the party against whom it is sought to be enforced. Waiver by either party of any default by the other party of any provision of this agreement shall not be deemed a waiver by the waiving party of any subsequent or other default.
Entire Agreement: This Agreement contains the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous agreements or understandings, whether oral or written, with respect to such subject matter.