I. Definitions
II. General Provisions
III. Compliance
IV. Minimum Age Requirement
V. Modifications on Terms
VI. Eligibility
VII. Services
VIII. Licence and Intelectual Property Rights
IX. Rule and Conduct
X. Third Party Content
XI. Privacy
XII. Indemnity
XIII. Disclaimer
XIV. Governing Laws
XV. Final Provisions
XVI. Contact

I. DEFINITIONS

1.1 The following definitions explain some of the terminology and abbreviations used throughout our Terms and Conditions and Privacy Policy:

1.2 “Terms” refers to the latest version of these Terms and Conditions document available on the ‘ApiHex’ website.

1.3 “Site” refers to the websites of the ‘ApiHex’ available at www.apihex.ca.

1.4 “User/you/your” refers to any person who is downloading, visiting, using or in any other way interacting with the Site or its respectful Materials (see 1.9) regardless of the activities taken.

1.5 “We/us/our” refers to Apihex, the Site, its employees, and affiliates.

1.6 “Customer” is a User who places an order with us to obtain the Product.

1.7 “Privacy Policy” refers to Privacy Policy document governing the rules of collecting, using and storing information provided by Users and Customers. This document is available on the Site.

1.8 “Outside sources” refers to any application, website, natural or legal entity other than the Site, its employees, and affiliates.

1.9 “Materials” refers to all images, text, audio and video data or any other information located on the Site. Materials also refer to images, text, audio and video data or any other information located on any other place provided that there is information that said material originated from the Site.

1.10 “Product” refers to products listed on the Site and is available for purchase from the Site.

1.11 “Service” refers to purchasing and ordering option available on the Site.

 

II. GENERAL PROVISIONS

2.1 The Site is owned by Apihex, 500 Rue Leger, Riviere-Beaudette QC J0P 1R0.

2.2 These Terms govern the use of the Site, Materials, and purchase of Products. These Terms also regulate the contractual relation between Customers and us.

2.3 Terms apply to all Users and Customers regardless of the way, purpose or instruments used in accessing the Site or Materials.

2.4 By accessing the Site you confirm that you have read, understood and agreed to be bound by these Terms, Privacy Policy, applicable laws, and other applicable internet policies. If you do not agree with any part or all of the Terms, you are forbidden to use the Site.

2.5 Users are forbidden to misuse the Site or Services. A misuse constitutes any usage, access or interference with the Site or Service contrary to Terms, Privacy Policy and applicable laws and regulations. If you do not comply with the Terms we reserve the right to cancel or terminate your access to the Site, or any part thereof, or your user account. We can, in our sole discretion, suspend or terminate access to all or parts of the Site and Services to any User, without prior notice or need to deliberate on reasons for such measure. We reserve the right to deny Services to anyone at any time.

 

III. COMPLIANCE

3.1 The Site is available to Users located all around the world, so it is upon you to assess whether visiting the Site or using our Services is in compliance with any local laws and regulations. Whenever you are visiting our Site or using our Services you will need to comply with these Terms and any applicable laws, regulations and policies. If any part of the Site or the Services is not in compliance with your local laws, you may not use the Site and the Services. Any such Service will be considered as ‘not available in your country’.

3.2 Many states, provinces and municipalities have local codes and regulation governing sales, construction, installation and/or use of products for certain purposes. We attempt to ensure that our products comply with such codes; we cannot guarantee compliance to such codes in every situation, nor can we be responsible for how the product is installed or used. Before you purchase and use a product, please review both the product application and local codes and regulations. Be sure that the product, its installation, and its use will comply with such codes.

 

IV. MINIMUM AGE REQUIREMENT

4.1 By accessing the Site or by using our Services you confirm that you are at least 18 years of age, or at least of the age of legal consent in your jurisdiction. You also confirm that you have a legal capacity to enter into a binding agreement.

 

V. MODIFICATIONS ON TERMS

5.1 We reserve the right to update and change the Terms periodically without notifying the Users. The current version of Terms is available on the Site indicating the effective date. Users are encouraged to periodically review Terms in order to stay informed on any changes.

5.2 Users are bound by any changes to the Terms regardless of their knowledge about them, provided that changes were published and available for review.

 

VI. ELIGIBILITY

6.1 By placing an order, or by providing your information for other purposes, you confirm that you (i) have full legal capacity to enter into a binding relation, (ii) that you will provide true, accurate, and complete information where requested, which is otherwise compatible with these Terms, (iii) that you have available funds necessary for the requested Course or Product, (iv) that you will not use Product contrary to these Terms or applicable laws.

 

VII. SERVICES

7.1 Some of the Services provided are only available to registered Users. If you chose to access the Services, you agree to the following terms:

User Account

7.2 Registered Users are required to provide true, accurate, current and complete information about themselves as prompted by registration forms on the Site. Registered Users agree to update their information should there be any changes, in order to keep registered information true, accurate, current and complete. If you provide information contrary to aforementioned conditions, we may deny you access to the Site, parts of it or our Services. We are not responsible for any failure in providing the Services which results from information that is not true, accurate, current and complete.

Purchase

7.3 Purchasing of the Product from the Site is available to both unregistered and registered users.

Non-Commercial Use

7.4 You may only purchase or order Product for non-commercial, personal use and any other use is not permitted. You may not sell or resell any products you purchase or otherwise receive from us.  We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms, as determined by us in our sole discretion.

Pricing and Delivery

7.5 Full list and description of our pricing and Service plans is available on the Site, in the catalog, or provided through e-mail or phone. We reserve the right to change and update our prices and Service plans periodically at any time and without notification. All changes become effective from the day of publishing.

7.6 All prices on the Site are displayed in Canadian Dollars, free of any additional costs. Prices listed do not contain any additional expenses like shipping or taxes.

7.7 We will use commercially reasonable efforts to deliver items as quickly as possible within a reasonable time, but we are not responsible for any delays in delivery which are beyond our control. The risk of damage or loss of goods shall be passed to you upon our delivery of products to the delivery company.

7.8 In the event that the Product is listed at an incorrect price due to typographical error or systems error, we retain the right to refuse or cancel any orders placed for product listed at the incorrect price. If the payment of the incorrect price has already been made, we will return the same amount of money upon cancellation.

Cancellation, and Return Policy

7.9 You can cancel your order until the point when the Product is scheduled for shipment or in the case of pick up, within 24 hours of placing order by contacting us at support@apihex.ca or call us at (855) 666 3233. Orders that are cancelled after the cutoff time are subject to a restocking fee of 10%. We reserve the right to cancel your order if we are unable to process payment, you provide invalid personal information, or the Product has become unavailable. We will notify you prior to cancellation provided that we have your contact information. If your item is already shipped, we will wait for you to return the items to us before fully refunding you. Shipping charges must be paid by the Customer. Special orders are not subject to cancel.

7.10 If you are not satisfied with the delivered Products, please contact our customer service department at (855) 666-3233 or email support@apihex.ca. Refund requests must be places within 30 days from receiving the Product. The Product being returned must be in new and unused condition in original box and with original packaging. After we receive the returned Product, we will inspect and decide on actions within 3 business days. All refunds, credits and replacements are provided at our sole discretion. Special order returns are not accepted.

Payment method

7.11 All payments on the site are conducted through credit/debit cards. Providers of payment services are separate legal entities, and we can not influence or affect in any way the fees or other expenses charged by them. Please refer to these payment service providers’ terms of service for more details.

7.12 By placing an order for the Course or Product, you authorize ApiHex to charge your debit card, credit card, or other payment method listed accordingly.

Shipping and Availability of the Products

7.13 If the ordered Product is available in stock, we will ship it within one business day to two business days. We may ship the product from our head office, or other appropriate warehouse if such delivery is more efficient and cost effective.

7.14 We aim to serve customers in the best way possible, however sometimes, due to the high traffic and above average inventory turnover, we may not have requested Products in stock after the purchase is made. We will inform you in a timely manner when we are not able to deliver the Products and will give you an estimation of time when the Products will be available again. In this case, we reserve the right to cancel and refund your order unless we can offer a suitable replacement which you agree to receive.

7.15 If you ordered multiple Products out of which some are not available in stock, you will be able to choose to receive the remaining of Products or to wait until all Products are available.

7.16 We ensure to pack all items diligently to avoid any damages during shipping. However, if there was still any damage because of our fault, we are ready to help you resolve that. If damage has occurred because of shipping company, it is your responsibility to file a claim, however we are also here to help you file the claim.

Contact

7.17 We may contact you using the available contact information provided by you, for any matters relating to purchasing, paying and delivering of the Product. We may also inform you through e-mail about news, promotions, special offers and or other topics of interest related to the ApiHex and our affiliates. You may choose to stop receiving these promotional e-mails at any time by following the instructions contained in promotional e-mails.

 

VIII. LICENCE AND INTELECTUAL PROPERTY RIGHTS

8.1 Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sub licensable license to use the Site. Except as expressly permitted in these Terms, you may not: copy, modify or create derivative works based on the Site and Materials; distribute, transfer, sublicense, lease, lend or rent the Site or Materials to any third party; reverse engineer, decompile or disassemble the Site; or make the functionality of the Site available to multiple users through any means.

8.2 Usage of the Materials is governed by appropriate laws of the province of Quebec, Canada.

8.3 The Site is Copyright © 2017 ApiHex, all rights reserved. You must reference the Site, its respectful owners, and authors of the content where available if you are using content for non-commercial use. Trademarks, service marks, logos and copyrighted works available on the Site are the sole property of ApiHex, our affiliates, or used under appropriate licenses.

8.4 If you post content on the Site, you grant us a non-exclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, distribute, and display such content on the Site and on any other marketing material we may create. Whenever we might use the User generated content we will give appropriate credit to the content provider through their account username. Except before mentioned usage of user generated content, you retain copyright and any other rights you already hold in content which you submit, post or display on or through the Services.

 

IX. RULE OF CONDUCT

9.1 During your use of our Services, you will not behave contrary to the Terms, Policies, applicable laws and regulations, and you will especially not, without limitation, do anything of the following:

(i) send or otherwise post unauthorized commercial communications (such as spam) on the Site;
(ii) collect users' content or information, or otherwise access the Site, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission;
(iii) upload viruses or other malicious code;
(iv) solicit login information or access an account belonging to someone else;
(v) bully, intimidate, or harass any other User;
(vi) provide any false personal information on the Site, or create an account for anyone other than yourself without permission;
(vii) create more than one personal profile;
(viii) post or transmit content which is illegal, hateful, obscene, threatening, incites violence, insulting, defamatory, infringing of intellectual property rights, invasive of privacy, or contains graphic or gratuitous violence or is otherwise objectionable to third parties;
(ix) harass, threaten, embarrass or cause distress or discomfort upon another individual or entity or impersonate any other person or entity or otherwise restricting or inhibiting any other person from using or enjoying the Site;
(x) post adult content or explicit adult material unless such material is specifically permitted in designated adult categories and permitted under applicable federal, state province, and local law;
(xi) post, anywhere on the Site, obscene or lewd and lascivious graphics or photographs which depict genitalia or actual or simulated sexual acts, as determined in our sole discretion;
(xii) take any action creating a disproportionately large usage load on the Site unless expressly permitted by us;
(xiii) delete, hide, remove or modify any Content or communication of the Site or of other individuals other than yourself.

 

X. THIRD PARTY CONTENT

10.1 We may provide Users with content belonging to the Outside Sources or links leading to the Outside Sources. We are not responsible for the content provided by the Outside Sources. Outside sources are not under our control, and they may have different terms of use and policies. The Site is not responsible for the availability and content of the Outside Sources.

 

XI. PRIVACY

11.1 When using our Site we may collect some information about you, your device or about how you are using our Site. For easier understanding we placed all information about data collection in separate document called Privacy Policy, which is available on the Site. Please review our Privacy Policy in its entirety to get a clear picture on how we collect, store, use and remove any data which we may collect from you.

 

XII. INDEMNITY

12.1 You will indemnify and hold harmless ApiHex, and its employees and affiliates, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with your access to or use of the Site and its Services, content which you provide, or your violation of these Terms.

12.2 ApiHex reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with ApiHex in asserting any available defenses.

 

XIII. DISCLAIMER

13.1 WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY: TO THE FULLEST EXTENT PROVIDED BY LAW, THE WEBSITE AND SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. NONE OF THE PARTIES INVOLVED IN CREATING, PRODUCING, AND/OR DELIVERING THE SERVICES AND THE SITE ARE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, THROUGH ACCESS TO, USE OF, OR BROWSING THE SITE OR THROUGH YOUR DOWNLOADING OF MATERIALS FROM THE SITE, INCLUDING BUT NOT LIMITED TO ANYTHING CAUSED BY BUGS, VIRUSES, OR ANY COMPUTER SYSTEM, HARDWARE, SOFTWARE, OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES, OR DELAYS. IN NO EVENT WILL APIHEX, OR ANY OF OUR AFFILIATES OR SERVICE PROVIDERS BE LIABLE FOR ANY LOST PROFITS, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR OF THE INABILITY TO USE ANY MATERIALS ON THE WEBSITE.

13.2 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

 

XIV. GOVERNING LAWS

14.1 This Agreement shall be governed by and construed under the laws of the province of Quebec, Canada, without regard to its conflict of law provisions, as applied to agreements entered into and to be performed in Canada by the Canadian residents. You also agree and hereby submit to the non-exclusive jurisdiction of the courts in Montreal, Quebec, Canada, for the resolution of any conflict arising out of or in connection with these Terms, the Site, or the Service.

 

XV. FINAL PROVISIONS

15.1 If any part of these Terms is found to be invalid, illegal or unenforceable in any respect, it will not affect the validity or enforceability of the remainder of the Terms. The section titles in the Terms are for convenience only and have no legal or contractual effect. Any failure to exercise or enforce any right or the provision of this agreement shall not constitute a waiver of such right or provision.

 

XVI. CONTACT

16.1 We always look forward to your opinion, so if you have any questions, suggestions, or comments, you can address them to support@apihex.ca.

 

Last Modified: 1st of March 2017