Please read these terms and conditions (“the Terms”) carefully. By accessing www.zenair.com; (“the Website”), you indicate your acceptance of these Terms. These terms shall take effect immediately on your first use of the Website. If you do not accept these Terms please do not access and/or use this Website. These terms and conditions are binding as between Zenair Ltd. and you, the user of the Website.
We may change these terms at any time by updating this webpage. The changes will not apply to you retrospectively but only from the time of your use of the Website after their posting. Please review the terms regularly to ensure you are aware of any changes. Your use of the Website after changes have been posted indicates your agreement to be legally bound by these terms as updated and/or amended.
1. Use of this Website
1.1 You agree to only use this Website for lawful purposes, in a way that does not infringe anyone else’s rights or inhibit anyone else’s use and enjoyment.
1.2 From time to time, we may restrict access to some parts of the Website (or to our entire Website) to those users who have registered with us. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time and for any reason.
2. Placing and Receiving Orders
2.1 All orders are subject to availability of the requested item(s) and accuracy of the pricing details provided on the Website. After placing an order, you will receive an email from Us acknowledging that we have received your order. It will state what you have ordered, the cost (including any taxes and appropriate crating and shipping) and delivery details.
2.2 The standard "Conditions of Sale and Waiver" form that accompanies all confirmed orders contains all details concerning orders and the ordering process.
2.3 By placing an order through the Website or via e-mail, you warrant that you are legally capable of entering into a binding contract; that you are at least 18 years old; and the information given on your Order Form is complete and accurate.
3. Price & Payment
3.1 We aim to ensure that the pricing of goods and services on the Zenair Website is correct at all times. However, the web pages may not always accurately reflect the correct details at the moment at which you place your order.
3.2 All credit and charge card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, your order will not be accepted and we will not be liable for any delay or non-delivery.
3.3 Zenair Ltd. does not generally collect taxes on goods dispatched by us to addresses outside of Canada.
3.4 If you order goods for delivery outside Canada or the USA, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. Customers will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
3.5 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
4. Returns & Refunds: Returns and/or Refunds will only be accepted and/or processed in accordance with the standard terms outlined in our "Conditions of Sale and Waiver" form.
5.1 All rights, including copyright, in the content of the Website are owned, licensed to, or controlled by us. In accessing the Website, you agree that you will only use the content for your own individual and non-commercial use.
5.2 You may only use the Downloads for personal, non-commercial purposes. Except for your personal usage rights, any copying, reproduction, lending or hiring, public performance, broadcasting or any other form of distribution of the Downloads is prohibited and will constitute copyright infringement.
6. Links to and from the Site
6.1 We have no control over the content or availability of third party sites that you may access through the Website and such links are provided for your information only. If you visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements.
6.2 We do not endorse and are not responsible or liable (directly or indirectly) for any content, advertising, products, services, views expressed or information on or available from third party websites (including without limitation payment for and delivery of any products or services) or for any damage, loss or offence caused by or in connection with your access to and use of such third party sites and any available services. Any Terms, conditions, warranties or representations associated with any dealings on any third party sites are solely between you and the relevant provider of that site and/or any relevant service.
6.3 You may link to the Website home page provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in any way that suggests any form of association, representation, approval or endorsement on our part where none exists. Links to the Website do not imply that we endorse, are affiliated with or are associated with any linked site or that any linked site is authorised to use any of our trade marks, trade names, brands, logos or copyright symbols or those of any of our affiliates or licensors.
6.4 The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the home page unless you have our prior written consent. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in the Community Rules.
7. Advertising and Sponsorship: Parts of or the entire Website may from time to time contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that any materials submitted for inclusion on the Site comply with relevant laws, regulations and codes and these Terms. We shall not be responsible for any error or inaccuracy in such advertising or sponsorship materials.
8. Waiver: If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default.
9. Disclaimer and Limitation of Liability
9.1 Information published on this Website is intended solely for the purpose of providing general information and is not intended to amount to advice on which reliance should be placed. We do not warrant that any information on this Website is accurate or free from error. None of the information on this Website is intended to be nor is it to be treated as a substitute for professional advice relative to a specific question. We disclaim all liability and responsibility arising from any reliance placed on any content on this Website by any visitor to this Website or by anyone who may be informed of any of its contents.
9.2 We accept no liability in respect of any contributions submitted by any of our users and published by us and we are not responsible for their content and accuracy. The Website is provided on an "as is" basis without any representation or endorsement of any kind.
9.3 We shall not be not liable for any of the following losses or damages (whether such losses were foreseen, foreseeable, known or otherwise): (a) injury and/or damage to persons or property as a result of any statement, including any actual or alleged defamatory statement; (b) losses suffered by any third party, including infringement of any intellectual property or privacy rights; (c) loss of data; (d) loss of revenue or anticipated profits; (e) loss of business; (f) loss of opportunity; (g) loss of goodwill or injury to reputation; or (h) any indirect, consequential, special or exemplary damages arising from the use, or, arising out of or in connection with the use, of the Website, regardless of the form of action.
9.4 We do not warrant that the functions contained in content on this Website will be uninterrupted or error free, that defects will be corrected or that this Website or the server that makes it available are free of viruses or bugs.
10. Enforceability: If for any reason a part of these terms and conditions is unenforceable, the validity of the remaining terms and conditions shall not be affected.
11. Jurisdiction: These Terms are governed by and construed in accordance with the laws of Ontario, Canada. Disputes arising shall be exclusively subject to the jurisdiction of the courts of Ontario.