Terms & Conditions

Terms and Conditions

Welcome to www.agomoni.ca (the "Site"). The services on this site are offered to you by Agomoni Cultural Association of Durham("AGOMONI"), subject to the following conditions. The terms "you", "your", and "yours" refer to anyone using, accessing, viewing, browsing or visiting the Site. If you visit the Site, you accept these conditions. Any current or future use, Site visit of AGOMONI will also be subject to these Terms and Conditions. AGOMONI reserves the right to change the nature of this relationship at any time and to revise these Terms and Conditions from time to time as it sees fit. If you violate any of the terms of these Terms and Conditions you may have your access cancelled and you may be permanently banned from any further access to the Site. Any access, viewing, browsing and/or using the Site after we post changes to these Terms and Conditions constitutes your acceptance and agreement to those changes, whether you actually reviewed such amended Terms and Conditions. At the bottom of this page, we will notify you of the date these Terms and Conditions were last updated.

Entering the Site will constitute your acceptance of these Terms and Conditions. If you do not agree to abide by these terms, please do not enter the Site.

ABOUT US

This Site is operated by the Agomoni Cultural Association of Durham, a not-for profit corporation incorporated under the laws of Canada and registered as a non-profit with the Canada Revenue Agency and our principal address is located at 26 Bettina Pl, Whitby, Ontario, L1R 0E9.

PRIVACY

Please review the AGOMONI Privacy Notice which also governs visits to the Site. To the extent there is a conflict between the terms of the AGOMONI Privacy Notice and these Terms and Conditions, these Terms and Conditions shall govern.

COPYRIGHT

You acknowledge that the Site contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, trade secrets, rights in databases and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted under Canadian copyright laws, and AGOMONI owns all copyright or equivalent rights in the selection, coordination, arrangement, presentment, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or adaptations of, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or similar rights notices. Except as provided in the preceding sentence or as permitted by the fair use under Canadian law, or your legal rights under any other similar copyright law, you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right.

Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Site or any information displayed on the Site, through the use of framing, deep linking or otherwise, except: (a) as expressly permitted by these Terms and Conditions; or (b) with our prior written permission or the prior written permission from such third party that may own the trademark or copyright of information displayed on the Site.

USE OF THE EMBLEMS AND TRADE-MARKS

All trademarks not owned by AGOMONI that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by AGOMONI.

SITE ACCESS

You may not download (other than page caching) or modify the Site or any portion of it without the express, prior written consent of AGOMONI. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express, prior written consent of AGOMONI. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of AGOMONI without the express, prior written consent of AGOMONI.

LINKS

We are not responsible for the content of any sites that may be linked to or from the Site. These links are provided for your information or convenience only and you agree that any access to them shall be at your own risk. Unless otherwise noted, any other website accessed from the Site is independent from AGOMONI, and AGOMONI has no control over the content of any other website. In addition, a link to any other web site does not imply that AGOMONI endorses or accept any responsibility for the content or use of such other website.

DISCLAIMERS AND LIMITATIONS OF LIABILITY

The Site is provided on an "AS IS," "as available" basis. AGOMONI does not warrant that use of the Site will be uninterrupted or error-free. AGOMONI does not warrant the accuracy, integrity, or completeness of the Content provided on the Site or the products or services offered for sale on the Site. Further, AGOMONI makes no representation that Content provided on the Site is applicable or appropriate for use in locations outside of Canada.

AGOMONI specifically disclaims all warranties of any kind, whether expressed or implied, including but not limited to warranties of title, implied warranties of merchantability or warranties of fitness for a particular purpose. You expressly agree that your access to, viewing of, browsing, visiting or use of the Site is at your sole risk.

Under no circumstances shall AGOMONI be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Site, including but not limited to reliance by a user on any information obtained at the Site, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to AGOMONI records, programs or services. The foregoing limitation of liability shall apply whether in an action at law, including but not limited to contract, negligence, or other tortuous action; or an action in equity, even if an authorized representative of AGOMONI has been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all Content and services available through the Site. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions, liability is limited to the fullest extent permitted by law. You assume all risks when purchasing products for a commercial or business use or application.

Although AGOMONI takes steps to ensure the accuracy and completeness of product and third-party service descriptions posted on the Site, please refer to the manufacturer for details.

ONLINE CONDUCT

You agree to use the Site only for lawful purposes. You are prohibited from sending or otherwise posting unauthorized commercial communications (such as spam) through the Site. We may disclose any electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect the rights or property of AGOMONI, our users and customers and/or you.

YOUR CONSENT FOR NOTICES WE SEND YOU

You agree that we have the right to send you certain information in connection with the Site. We may send you this and any other information in electronic form to the e-mail address you specified when you created an account through the Site. You may have the right to withdraw this consent under applicable law, but if you do, we may cancel your rights to the Site. Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. As long as you access and use the Site, you agree that you will have, or have access to, the necessary software and hardware to receive such notices. If you do not consent to receive any notices electronically, you agree to stop using or accessing the Site.

TERMINATION OF USAGE

We may terminate your access or suspend your right to access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law, is in breach of these Terms and Conditions or is harmful to the interests of other users or AGOMONI. In addition, we reserve the right to refuse an order from any customer in our sole discretion.

USAGE BY MINORS

By providing AGOMONI with any information, you represent to us that you are legally permitted to enter into a binding contract (18 years of age or older in most jurisdictions) or, if you are under the legal age of consent, you have the express permission from your parent or guardian and that any information you provide to us is not inaccurate, deceptive or misleading.

APPLICABLE LAW

If you access the Site, you agree that the laws of Canada, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and AGOMONI.

DISPUTES

If you access the Site, any dispute relating in any way to your visit to the Site, to these Terms and Conditions, to our policies, to our advertising or solicitation practices shall be submitted to confidential arbitration in Toronto, Ontario, Canada, except that, to the extent you have in any manner violated or threatened to violate AGOMONI’ intellectual property rights, AGOMONI may seek injunctive or other appropriate relief in any court in Canada. Arbitration under this Agreement shall be conducted under the rules then prevailing of the Arbitrations Act, Ontario. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

SITE POLICIES, MODIFICATION AND SEVERABILITY

We reserve the right to make changes to the Site, policies, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.