TERMS AND CONDITIONS
The following terms and conditions constitute a binding agreement between you and CG Air Systèmes Inc, a company incorporated and registered in Canada, its products (including ConnectedTub™), affiliates, subsidiaries (“CG AIR”, “we”, “us”, or “our”). This Website www.cgair.com (“Site”) and its Mobile Applications (“App”) are provided to you and any amendments or supplements to them (collectively referred to as this "Agreement" or the “Terms and Conditions”) that may be posted by CG AIR or one of its affiliated companies from time to time.
CG AIR has its apps available for download on different platforms (“Google, Apple, Amazon”) which are compatible with Alexa, Apple and Google devices. We operate the CG AIR website at cgair.com and all related websites, software, apps, and other services that we provide (together, the “Services”). Your use of the Service, and our provision of the Service to you, constitutes an agreement by you and CG AIR to be bound by the terms and conditions.
Your use of this Website, or any other services or content provided through the Website or our mobile or cloud applications, shall be deemed to constitute your consent to be legally bound by the terms and conditions of the Agreement, which shall be enforceable in the same way as if you had signed the Agreement.
IF YOU ARE NOT WILLING TO ACCEPT THE TERMS AND CONDITIONS, WE ASK THAT YOU DO NOT ACCESS OR USE THE WEBSITE OR OUR SERVICES OR POST OR SUBMIT ANY MATERIALS ON IT.
The CG AIR website and its services are intended for and directed for anyone above the age of 18. By allowing a minor to use the Site, you acknowledge that you are fully responsible for his/her conduct and Use of the Site. You acknowledge that the Website may contain content that is inappropriate for minors.
IF YOU ARE A MINOR, PLEASE OBTAIN YOUR PARENT'S PERMISSION TO USE THE WEBSITE AND ENSURE THAT HE/SHE READS THESE TERMS AND CONDITIONS.
CG AIR SERVICES
CG AIR is a bathtub hydromassage component manufacturer including its product ConnectedTub ™ which is a combination of hydromassage components being integrated and operated by WIFI. It is used for air massage, whirlpool, chromotherapy, aromatherapy, heated surface, music system, and additional ways to revolutionize the bathroom hydromassage components and add features to the bathtub/bathroom. CG AIR and its products are integrated with Alexa Skill, Google Home and Apple and the mobile applications of CG AIR are available for download on each of their respective APP/Play Stores.
CG AIR does not sell any of its products or provides any of its services directly to a consumer except in cases of after sales purposes but will only sell to Bathtub manufacturers, wholesalers, dealers or whoever CG AIR may deem fit at its full discretion.
ERRORS OR INACCURACIES
Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel any information on the Site or Mobile apps.
CG AIR, Inc. owns and operates the Service. All of the software, visual interfaces, graphics, designs, information, a compilation of Photos, and all other elements of the Service (the “Materials”) that we provide are protected by intellectual property and other laws. We or our licensors own all of the Materials contained in the Service and you cannot use the Materials except if you are specifically permitted under these Terms.
All articles, texts, illustration, images, photographs, information, audio clips, video clips, software and codes available on the Website (the “Content”), including their arrangement and compilation, are protected by Canadian and foreign laws, particularly regarding copyright, and belong to CG AIR, to its affiliated entities, to its licensors or to the person recognized as having provided the content.
You undertake to respect all other copyright statements, notices or restrictions regarding or in the Content that you can access through the Website. CG AIR grants you a non-exclusive and non-transferable licence for use and display of the Website on your computer, or other electronic device, solely for the purposes of viewing it on a single screen and for copying a single copy of it for backup or printing on paper, for personal and non-commercial use, under the condition that you do not modify the content and that you retain any notices of copyright. Modification, reproduction, distribution, transmission, broadcast, representation, sharing on networks, marketing, publication, granting of licence, downloading, creation of derived works, display on the Internet, sale or any use of the Website or the Content, including, through storing on a proxy server, framing or similar means, are prohibited.
All software integrated into the Website or found there, particularly but not limited to, any type of source code, and all files or images contained or generated by this software, are protected by copyright and may be protected by other rights. All of this software belongs to CG AIR, to its affiliated entities or to its licensors.
Unless clearly provided otherwise on the Website, no element in the Website shall be interpreted as conferring on you a right, a title, an interest or any other licence in the software integrated within the Website or that can be downloaded from the Website, including, specifically, any form of intellectual property right in the software.
CG AIR will make available to Account holders, on its dealer portal, if available, high resolution images of its products. Account holders are authorized to reproduce said images only in order to market CG AIR’s products in their marketing materials and on their website, without any alteration whatsoever. Account holders must cease any such use upon request from CG AIR.
ConnectedTub ™is a CG AIR trademark. Other names, words, titles, phrases, logos, drawings, graphics, icons and marks displayed on the Website may be CG AIR or third-party trademarks marks. No item on the Website may be interpreted in such a way as to grant anyone a licence or right to use any CG AIR or third party logo, drawing or mark.
BY USING THE SERVICE YOU AGREE NOT TO :
- Use the Service for any illegal purpose or in violation of any laws or regulations;
- Violate or encourage others to violate third party rights, including the infringement or misappropriation of intellectual property rights;
- Upload, post, or publish any User Content that is unlawful, defamatory, libelous, objectionable, profane, indecent, pornographic, harassing, threatening, hateful, or otherwise inappropriate;
- Interfere with the security features of the Service (e.g., don’t disable or circumvent features that limit your use or copying of any User Content or reverse engineer the Service to discover the Source Code of the Service);
- Interfere with our operation of the Service or another user’s use of the Service (this means don’t upload or spread any viruses, adware, or spyware, don’t make unsolicited offers or promotions, don’t collect other people’s personal information, and don’t interfere with the networks or equipment that we use to provide the Service);
- Perform fraudulent activities, such as impersonating another person or lying about your date of birth;
- Except for use of the CG AIR API in accordance with our API Terms, access the Service using any bots, spiders, scripts, crawlers, scrapers, or other automated tools or applications (other than your web browser or any mobile app that we may publish);
- Copy the look and feel of the Site or access, download, copy, modify, distribute, perform, or use any Photos to create a similar or competitive service or to contribute the Photos to an existing similar or competitive service;
- Transfer your rights to use the Service or to view, access, or use any Materials; or
- Attempt to do, or assist anyone else to do, any of these things.
If you breach any of these Terms, your permission to use the Service will terminate automatically.
Additionally, we may terminate your account on the Service or suspend or terminate your access to the Service at any time (with or without notice) without liability to you..
We may update, modify, or even discontinue the Service at any time without notice to you.
DISCLAIMER; NO WARRANTIES
WE PROVIDE THE SERVICE, AND ALL CONTENT THAT’S AVAILABLE THROUGH THE SERVICE, ON AN “AS-IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SPECIFICALLY DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING, USAGE, OR TRADE. WE DO NOT GUARANTEE OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS OR HARMFUL COMPONENTS, OR THAT WE WILL FIX ANY ERRORS OR HARMFUL COMPONENTS.
EXCEPT AS PROVIDED BELOW, YOU USE THE SERVICE AT YOUR OWN RISK AND ASSUME ALL RISK FOR ANY DAMAGES THAT RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR INTERACTIONS WITH OTHER SERVICE USERS, AND ANY CONTENT AVAILABLE THROUGH THE SERVICE. YOUR USE OF THE SERVICE AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF THE CONTENT.
THE LAW IN SOME PLACES PROHIBITS A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT MAY VARY DEPENDING ON WHERE YOU RESIDE. WE DO NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO. IN THE UNITED KINGDOM AND THE EUROPEAN UNION, THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS, OR SUBCONTRACTORS; FOR FRAUD OR FRAUDULENT MISREPRESENTATION; OR FOR OUR OBLIGATION TO PERFORM THE SERVICE WITH REASONABLE CARE AND SKILL OR FAILURE TO PERFORM THE SERVICE IN ACCORDANCE WITH INFORMATION PROVIDED ABOUT US OR THE SERVICE.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE (OR INABILITY TO USE) THE SERVICE OR ANY CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF THE DAMAGES.
EXCEPT AS EXPLICITLY PROVIDED, OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE (OR INABILITY TO USE) THE SERVICE OR ANY CONTENT AVAILABLE THROUGH THE SERVICE, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHER LEGAL THEORY IS LIMITED TO US$100.
THE LAW IN SOME PLACES DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE YOU AND US. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You will indemnify and hold CG AIR and CG AIR Representatives (the “Indemnified Parties”) harmless from and against any claims brought by third parties arising out of your use of the information accessed from the Websites, and any breach of the Terms and Conditions by you, including any use of the Content or User Modifications other than as expressly authorized in the Terms and Conditions. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use or modification, and agrees to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and lawyers’ fees of the Indemnified Parties in connection therewith.
LINKED WEBSITES AND FRAMING
Certain links on the Websites may take you to other websites. CG AIR provides these links only as a convenience. CG AIR is not responsible for the content of any such linked pages. CG AIR makes no representation or warranty regarding, and does not endorse or approve, any linked websites, the information appearing thereon or any of the products or services described. Should you leave the Websites via a link contained herein, and view content that is not provided by or on behalf of CG AIR, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements.
You are granted a limited, non-exclusive right to create a hyperlink to the Websites. You agree that if you link other websites to the Websites, such other websites shall not (a) create frames around any part of the Websites or use other techniques that alter the visual presentation of the Websites; (b) imply that CG AIR is endorsing you or any other person (including your organization or company), or you or such other person’s products or services; (c) without the prior written consent of CG AIR, imply an affiliation between you or any other person, or you or such other person’s products or services and CG AIR; (d) misrepresent the relationship of you or any other person with CG AIR or present false, misleading, derogatory, defamatory or otherwise damaging information or impressions about CG AIR or any of its products or services; or (e) contain materials that may be interpreted as distasteful, harmful, offensive, or inaccurate, or are otherwise in breach of the Terms and Conditions.
The Websites in Canada are hosted on servers residing in the Province of Quebec, Canada and the Websites are controlled by CG AIR from the Province of Quebec, Canada. By accessing the Websites in Canada, you agree that this agreement is formed in the Province of Quebec, Canada, and that all matters relating hereto shall be governed by the laws of the Province of Quebec and the laws of Canada, without regard to the conflicts of laws principals thereof.
CG AIR and the Affiliates reserve the right to, at any time, modify these Terms and Conditions, and you agree to be bound by any such modifications. Such modifications shall be effective immediately upon CG AIR or the applicable Affiliate giving notice thereof, which may be given by any means, including, but not limited to, posting on this Site. You agree to regularly review these Legal Terms and Conditions posted at this Site and to be aware of such modifications. Your use of this Site following any such modification constitutes your agreement to follow and be bound by the modified Legal Terms and Conditions. If at any time, these Legal Terms and Conditions are no longer acceptable to you, you should immediately cease all use of this Site.CG AIR and the Affiliates may change, modify, suspend or discontinue all or any part of this Site at any time without prior notice to you and without liability to you for doing so.
Any dispute between CG AIR and you or any other person arising from, in connection with or relating to the Websites, Content, Terms and Conditions o the CG AIR Apps, or any related matter must be resolved before the Courts of the Province of Quebec, Canada sitting in the City of Montreal or Québec City and you hereby irrevocably submit to the exclusive jurisdiction of those Courts in respect of any such dispute.
If you have any questions or would like to get in touch about these Terms and Conditions or this Web Site, please contact us on [email protected]