Important information

Last updated: November 2008

By your use of the AquaCoustic website (the “Site”), you acknowledge that you have read and agree to be bound by these Term and Conditions (as may be updated from time to time) and consent to the collection, use and disclosure by AquaCoustic of your personal information (whether previously collected or to be collected via this Site) for the purposes identified in these Terms and Conditions and according to the principals contained in the Privacy Statement.

Privacy Statement

Your privacy and data security is important to us. AquaCoustic is committed to respecting your privacy by adhering to the privacy principles set forth in the Personal Information Protection and Electronic Documents Act. Those principles are:

Principle 1. Accountability

All AquaCoustic employees, contractors, and business partners are accountable for compliance with this policy, including the guiding principles.

Principle 2. Identifying purposes

AquaCoustic only collects sufficient personal information necessary to communicate with our employees, contractors, business partners, clients, and prospective clients, and is used to support our customer relationship with you. Other than the necessary intermediary steps implicit in email delivery, no third party agents or contractors will have access to your information and any such information you provide will be kept confidential.

If used at all for a promotional purpose, it will only be to alert you to special offers, updated information and other new products and services.

Principle 3. Consent

All clients and prospective clients have the ability to consent to the use of their personal information.

Principle 4. Limiting collection

The AquaCoustic website (the “Site”) is available without telling us who you are or revealing any information about yourself, including your email address.

The only way we collection personal information from this Site is from within any email communication you choose to make with us, either from a form on this Site or by sending email to an address provided.

Like any other website, our web server may collect the name, address, IP address and domain you used to access the Site, the type and version of web browser and operating system you are using, and the number/duration/frequency of visits to our Site. This anonymous information cannot be traced to a specific individual user, but is used simply to measure the number of visits, average time spent, page views, most popular preferences and other statistics, to determine the ways in which users prefer to use the Site. We may use this data to monitor the Site's performance for systems administration purposes, to improve the Site, and to track statistics such as web traffic in aggregate form.

In cases where the collection of personal information is necessary (e.g. filling out a form, requesting a brochure/datasheet or contacting us), we will explain the purpose for collecting each piece of personal information.

Principle 5. Limiting use, disclosure and retention

AquaCoustic will use personal information only for the purpose for which it was collected, and will not disclose the information to other parties. If it is necessary to use the personal information collected for a purpose not identified when the information was collected, consent for the new use will be obtained.

All personal information provided to AquaCoustic will be maintained in a secure manner to ensure that its use is limited to the purpose for which it was collected.

Principle 6. Accuracy

AquaCoustic will take all reasonable measures to ensure accuracy of any personal information that we collect.

Principle 7. Safeguards

AquaCoustic will assess and implement appropriate measures to properly protect personal data. These measures will be subject to independent audit, if necessary, to ensure their effectiveness.

Principle 8. Openness

This AquaCoustic Privacy Statement will be available to any individual via our Site. Questions regarding personal information may be directed to info@aquacoustic.com.

Principle 9. Individual access

On request, individuals will be informed of the existence, use, and disclosure of their personal information, and will be given access to view that information. An individual may challenge the accuracy and completeness of the information, and have it corrected or amended as appropriate.

Principle 10. Challenging compliance

If you have any questions about this privacy statement, the practices of this Site, or your dealings with AquaCoustic, contact info@aquacoustic.com or phone +1.604.730.8117.
 

Terms and Conditions

By accessing the AquaCoustic website (the "Site") you agree to be bound by the terms and conditions set out below.

1. No Warranty or Representation.

While AquaCoustic uses reasonable efforts to include accurate and up-to-date information on the Site, your use and browsing of the Site is at your risk. AquaCoustic is not liable for any direct, indirect, incidental, special, consequential, punitive or other damages whatsoever including business interruption, loss of use, data, information, profits (regardless of the form of action, including but not limited to contract, negligence or other tortious act) arising out of or in connection with your access or use of the Site even if AquaCoustic has been advised of or foresees the possibility of any damages occurring.

Without limiting the foregoing, everything on the Site is provided to you "AS IS" WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY INCLUDING, BUT NOT LIMITED TO, IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR INTER-OPERABILITY OF PRODUCTS OR SERVICES.

Changes or updates to the contents of this Site may occur without notice.

2. Use of Information.

The Site is protected under Canadian and international copyright laws. Any unauthorized use of the Site may violate copyright, trademark, and other laws.

You hereby agree that you will not use any information contained in this Site or the links to this Site in any claims, proceedings, suits or actions against AquaCoustic.

You also hereby agree that you will not post, publish, reproduce, transmit or otherwise copy or distribute information or material on the Site: (a) constituting or encouraging conduct that would constitute a criminal offence or give rise to civil liability; (b) which is protected by copyright, or other intellectual property right or derivative works thereof, without obtaining permission of the copyright holder; (c) otherwise use this Site in a way that is contrary to law or which would adversely impact use of the Site or the Internet by other users.

AquaCoustic and any other product or service name or slogan or logo contained in the Site are trademarks of AquaCoustic and may not be copied, imitated, or used, in whole or in part, without the prior written permission of AquaCoustic or the applicable trademark holder. Ownership of all such trademarks and the goodwill associated therewith remains with AquaCoustic or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing any name, trademark, or product or service name of AquaCoustic without AquaCoustic’s prior written permission.

In addition, the look and feel of the Site (including all page headers, custom graphics, button icons, and scripts) is the service mark, trademark, and/or trade dress of AquaCoustic and may not be copied, imitated, or used (in whole or in part) without AquaCoustic’s prior written permission.

Reference to any products, services, processes, or other information, by trade name, trademark, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by AquaCoustic.

3. Linkage.

This Site contains links to other web sites that are not under the control of AquaCoustic and AquaCoustic is not responsible for and makes no representations, warranties or conditions concerning the contents of any linked site or any link contained in a linked site. It is your responsibility to verify any information contained within the links before relying on it.

The information contained in the links on this Site may be changed or updated at any time without notice. AquaCoustic provides links to you only as a convenience and the inclusion of any link does not imply endorsement, investigation or verification by AquaCoustic of the linked site. Your use of the linked sites may be subject to terms and conditions contained in these web sites, which you should locate and review.

You may create links to this Site from other websites, but only in accordance with the following terms and in compliance with all applicable laws.

A website that links to this Site:

(a) may link to, but shall not replicate, any content of this Site;

(b) shall not create a browser or border environment around any content of this Site;

(c) shall not imply that AquaCoustic endorses such website or any products, services, or content available through such website;

(d) shall not misrepresent its relationship with AquaCoustic;

(e) shall not present false or misleading information about AquaCoustic, its products, or its services;

(f) shall not contain content that could be construed as distasteful, offensive, or controversial; and

(g) shall contain only content that is appropriate for all age groups.

4. Revisions.

AquaCoustic may at any time revise these Terms and Conditions by updating this posting. You should therefore review these Terms and Conditions each time you access the Site.

5. Service Descriptions.

AquaCoustic attempts to be as accurate as possible. However, AquaCoustic does not warrant that the product or service descriptions, or descriptions of technology used to provide services, or the deliverables therefrom, or any other content of this Site, is accurate, complete, reliable, current or error-free.

6. Viruses, etc..

AquaCoustic assumes no responsibility and shall not be liable for any damages to or viruses that may infect your computer equipment or other property on account of your access to, use of or browsing of the Site or your downloading of any materials, data, text or images from the Site.

7. Right of Indemnification.

You agree to defend, indemnify and hold AquaCoustic harmless from any and all liabilities, costs and expenses, including reasonable legal fees related to any violation of these Terms and Conditions by you, or in connection with your use of the Site or with the placement or transmission of any message or information on the Site by you.

8. Waiver.

AquaCoustic’s failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or rights contained in these Terms and Conditions.

9. Governing Laws.

By visiting the Site, you agree that these Terms and Conditions shall be governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein and you agree to be bound by the laws of these jurisdictions.

10. Territory.

This Site originates in Canada. AquaCoustic’s services are offered globally. Some services referred to on the Site may not be available in some parts of AquaCoustic’s operating territory.

AquaCoustic makes no representation that the Site is appropriate or available for use outside Canada and access to the Site from territories where its contents are illegal or restricted is prohibited. If you choose to access the Site from outside Canada, you do so on your own initiative and are responsible for compliance with applicable laws.