TERMS OF SERVICE
Last revision: July 4, 2022
TERMS AND CONDITIONS OF WWW.INAV4U.COM
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
The following Terms and Conditions govern and apply to your use of or reliance upon this website maintained by iNav4U Inc. (the "Website").
Your access or use of the Website indicates that you have read, understand and agree to be bound by these Terms and Conditions and any other applicable laws, statutes and/or regulations. We may change these Terms and Conditions at any time without notice, effective upon its posting to the Website. Your continued use of the Website will be considered your acceptance of the revised Terms and Conditions.
1. INTELLECTUAL PROPERTY
All intellectual property on the Website (except for User Generated Content, as defined below) is owned by us or our licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names are owned, registered and/or licensed by us. All content on the Website (except for User Generated Content, as defined below), including but not limited to text, software, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, and all other content, is a collective work under Canadian and other copyright laws and is the proprietary property of the Company; All rights reserved.
2. USE OF COMPANY MATERIALS
We may provide you with certain information as a result of your use of the Website, including, but not limited to, documentation, data, or information developed by us, and other materials which may assist in the use of the Website or Services ("Company Materials"). The Company Materials may not be used for any other purpose than the use of this Website and the services offered on the Website. Nothing in these Terms of Use may be interpreted as granting you any licence of intellectual property rights.
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3. USER-GENERATED CONTENT
"User-Generated Content" is communications, materials, information, data, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content that you and/or other Website users post or otherwise make available on or through the Website, except to the extent the content is owned by us.
4. ACCOUNT AND ACCOUNT USE
If your use of the Website requires an account identifying you as a user of the Website (an "Account"):
a) you are solely responsible for your Account and the maintenance, confidentiality and security of your Account and all passwords related to your Account, and any and all activities that occur under your Account, including all activities of any persons who gain access to your Account with or without your permission;
b) you agree to immediately notify us of any unauthorized use of your Account, any service provided through your Account or any password related to your Account, or any other breach of security concerning your Account or any service provided through it, and you agree to assist us, as requested, to stop or remedy any breach of security related to your Account, and
c) you agree to provide true, current, accurate and complete customer information as requested by us from time to time, and you agree to promptly notify us of any changes to this information as required to keep such information held by us current, complete and accurate.
5. PAYMENT
When you make a purchase on the Website, you agree to provide a valid instrument to make a payment. Pay attention to the transaction details, as your total price may include taxes, fees, and shipping costs, which you are responsible for.
When you provide a payment instrument to us, you confirm that you are permitted to use that payment instrument. When you make a payment, you authorize us (and our designated payment processor) to charge the full amount of the payment instrument you designate for the transaction. You also authorize us to collect and store that funding instrument and other related transaction information.
If you pay by credit or debit card, we may obtain a pre-approval from the card issuer for an amount as high as the full price. If you cancel a transaction before completion, this pre-approval may result in those funds not otherwise being immediately available to you.
We may cancel any transaction if we believe the transaction violates these Terms or if we believe in doing so may prevent financial loss.
In order to prevent financial loss to you or to us, we may contact your funding instrument issuer, law enforcement, or affected third parties (including other users) and share details of any payments you are associated with if we believe doing so may prevent financial loss or a violation of the law.
Payment for any ongoing services is billed automatically until notification that you would like to terminate your access to the services.
6. SALE OF GOODS AND SERVICES
We may sell goods or services or allow third parties to sell goods or services on the Website. We undertake to be as accurate as possible with all information regarding the goods and services, including product descriptions and images. However, we do not guarantee the accuracy or reliability of any product information, and you acknowledge and agree that you purchase such products at your own risk.
7. SHIPPING, DELIVERY AND RETURN POLICY
You agree to ensure payment for any items you purchase from us, and you acknowledge and affirm that prices are subject to change. When purchasing a physical good, you agree to provide us with a valid email, shipping address, and billing information. We reserve the right to reject or cancel an order for any reason, including errors or omissions in the information you provide to us. If we do so after payment has been processed, we will issue a refund to you in the amount of the purchase price. We may also request additional information from you before confirming a sale and reserve the right to place any further restrictions on selling any of our products. For the sale of physical products, we may preauthorize your credit or debit card when you place the order, or we may charge your card upon shipment. You agree to monitor your method of payment. Shipment costs and dates are subject to change from the prices and dates you are quoted due to unforeseen circumstances.
For any questions, concerns, or disputes, you agree to contact us promptly at the following:
________
If you are unhappy with anything you have purchased on our Website, you may do the following:
Customers can send an eMail to request a refund.
8. ACCEPTABLE USE
You agree not to use the Website for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website in any way that could damage the Website, the services or the general business of iNav4U Inc.
You further agree not to use and/or access the Website:
a) To harass, abuse, or threaten others or otherwise violate any person's legal rights;
b) To violate any intellectual property rights of us or any third party;
c) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
d) To perpetrate any fraud;
e) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
f) To publish or distribute any obscene or defamatory material;
g) To publish or distribute any material that incites violence, hate or discrimination towards any group;
h) To unlawfully gather information about others.
9. PROTECTION OF PRIVACY
You may provide us with certain information through your use of the Website. By using the Website, you authorize us to use your information in Canada and any other country
where We may operate.
When you register for an account, you provide us with a valid email address and may provide us with additional information, such as your name and/or billing information. Depending on how you use our Website, we may also receive information from external applications you use to access our Website, or we may acquire information through various web technologies, such as cookies, log files, clear gifs, web beacons or others.
We use your information to ensure your continued good experience on our website, including through email communication. We may also track certain of the passive information received to improve our marketing and analytics, and for this, we may work with third-party providers.
If you would like to disable our access to any passive information we receive from the use of various technologies, you may choose to disable cookies in your web browser. Please be aware that we will still receive information about you that you have provided, such as your email address.
If you choose to terminate your account, we will store information about you for the following period: 1Year. After that time, all information about you will be deleted.
10. REVERSE ENGINEERING & SECURITY
You may not undertake any of the following actions:
a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website;
b) Violate the security of the Website through any unauthorized access, circumvention of encryption or other security tools, data mining or interference with any host, user or network.
11. DATA LOSS
We are not responsible for the security of your Account or Content. Your use of the Website is at your own risk.
12. INDEMNIFICATION
You defend and indemnify iNav4U Inc. and any of its affiliates and hold us harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to your use or misuse of the Website, your breach of these Terms and Conditions, or your conduct or actions. We will select our legal counsel and may participate in our defence if we wish.
13. SPAM POLICY
You are prohibited from using the Website or any of our services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
14. THIRD-PARTY LINKS & CONTENT
We may occasionally post links to third-party websites or other services. We are not responsible or liable for any loss or damage caused by your use of any third-party services linked to our Website.
15. VARIATION
To the extent any part or sub-part of these Terms and Conditions is held ineffective or invalid by any court of law, the prior, effective version of these Terms and Conditions be considered enforceable and valid to the fullest extent.
16. SERVICE INTERRUPTIONS
We may need to interrupt your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Website may be affected by unanticipated or unscheduled downtime for any reason but that we will have no liability for any damage or loss caused by such downtime.
17. TERMINATION OF ACCOUNT
We may, in our sole discretion, suspend, restrict or terminate your Account and your use of the Website, effective at any time, without notice to you, for any reason, including because of the operation or efficiency of the Website or our or any third party's equipment
or network is impaired by your use of the Website, any amount is past due from you to us, we have received a third-party complaint which relates to your use or misuse of the Website, or you have been or are in breach of any term or condition of these Terms and Conditions. We will have no responsibility to notify any third party, including any third-party providers of services, merchandise or information, of any suspension, restriction or termination of your access to the Website.
18. NO WARRANTIES
Your use of the Website is at your sole, exclusive risk, and any services provided by us are on an "as is" basis. We disclaim any express or implied warranties of any kind, including but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Website will meet your needs or that the Website will be uninterrupted, error-free, or secure. We also make no warranties regarding the reliability or accuracy of any information on the Website or obtained through the Services. Any damage that may occur to you, through your computer system, or as a result of loss of your data from your use of the Website is your sole responsibility, and we are not liable for any such damage or loss.
19. PRIVACY
a) Collected personal data, processed personal data and data collection
Following the dispositions of article 5 of Regulation (EU) 2016/679, the collection and processing of your data are consistent with the following principles:
Lawfulness, fairness and transparency: personal data may only be collected and processed with your consent. Every time personal data is collected, you will be informed that personal data is collected and why it is collected;
Limited purposes: personal data is collected and processed of data for achieving the objectives stated in these Terms and Conditions;
Minimization of private data collection and processing: only personal data necessary for achieving the goals of the website is collected;
Storage of personal data is limited in time. Personal data is stored for a limited period, of which you are informed;
Integrity and confidentiality of collected and processed personal data: the controller
undertakes to guarantee the integrity and confidentiality of collected personal data.
To be lawful following article 6 of the European Regulation 2016/679, collection and processing of personal data will respect at least of one the following:
You have given your consent to the processing of your data; Processing is necessary for compliance with a legal obligation;
Processing is required to protect the vital interests of the data subject or another natural person;
Processing is necessary for the performance of a task carried out in the public interest or the exercise of official authority;
Processing is necessary for the legitimate interests pursued by the controller or by a third party.
Our Website collects the following personal data: Name, address, eMail.
This personal data is collected when you perform one of the following actions: Registration to the website.
When Users buy products on the website.
In addition, when you purchase a product on the Website, you will be informed that the seller will retain the proof of the transaction, including the order form and the invoice.
The collector will keep in its computer systems of the Website in reasonable security conditions all of the personal data collected for five years unless you ask for the deletion of your data before the expiry of this period.
If personal data is stored, you will be informed of the period during which your data will be kept, and if that period is not specified, we will notify you of the criteria used to determine it.
Collection and data processing achieve the following purpose: Data is stored to assure the best customer support.
b) Data Hosting
The Website is hosted by: Squarespace, headquartered at the following address: 8 Clarkson St, New York, NY 10014, United States.
The host may be contacted at the following phone number: ________
The website's personal data are hosted and processed in Canada. This transfer of personnel outside of the European Union is justified by the fact that this is where our headquarters or principal address is located.
c) Controller
The controller is: ________
d) Data Protection Officer
The following person has been named Data Protection Officer: ________. The Data Protection Officer may be reached at the contact information below:
________
e) Personal data of minors
Following the dispositions of article 8 of the European Regulation 2016/679, no minor under the age of 15 may consent to process their data.
If you are a minor under the age of 15, the consent of a legal guardian is required for your data to be collected and processed.
f) Rights and procedures for the implementation of your rights
Following the regulation regarding personal processing data, you have the rights listed below.
For the controller to grant your request, you must provide your full name, email address, and, if relevant, your account number.
The controller shall answer you within thirty (30) days.
I. Rights of access, right of rectification and right to erasure
You may look up, update or modify your data, as well as request its deletion by following the procedure below:
The user must send an email to the controller, including the subject of its request to the controller's email address stated above.
If you have a personal account, you may request the deletion of your account by following the procedure below:
The user must send an email to the controller requesting their account's deletion. The request must include the account number and their user login. The request to delete the account and all related personal data will be processed within ten business days.
II. Right to data portability
You may request the portability of your data held by the Website and have those data transmitted to another website by following the procedure below:
The user must request the portability of their data to the controller at the email address stated above.
III. Right to restriction of processing and right to object
You may request to restrict the processing of your data, and you may object to processing your data. The Website may not deny such requests without compelling legitimate grounds.
g) Obligations of the controller
The controller undertakes to protect collected personal data, not to transfer your data to third parties without informing you first and to respect the purposes for which personal data were collected.
The Website uses an SSL certificate to guarantee that information transfers transiting through the Website are secured.
In addition, the collector undertakes to notify you before the rectification or erasure of
any of your data unless this requires disproportionate efforts.
If the integrity and confidentiality of your data are compromised, the controller undertakes to inform you by any means.
20. LIMITATION ON LIABILITY
We are not liable for any damages that may occur to you due to your use of the Website to the fullest extent permitted by law. The maximum liability of iNav4U Inc. arising from your use of the Website is limited to the greater of one hundred ($100) Canadian Dollars or the amount you paid to iNav4U Inc. in the last six (6) months. This applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.