Terms + Conditions

SMOOTH SOCIETY MEMBERSHIP PROGRAM

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WAXON REFERRAL REWARD PROGRAM 

December 10, 2021 

The referral program gives both those who recommend friends to WAXON and those who are referred to WAXON by friends the opportunity to receive rewards. 
 
SUMMARY: 

  • Referrer (Existing Client) shares a referral offer link with their friend(s) that is not a WAXON client. 
  • Referee (New Client) clicks the referral link and sets up a WAXON customer profile. 
  • Referee (New Client) books + completes their first service and redeems the referral offer. 
  • Referrer (Existing Client) receives one referral reward that will be applied to their next service. 
  • Referee (New Client) Referral Offer: Up To $20 Off their first service. 
  • Referrer (Existing Client) Referral Reward: Up To $20 Off their next service. 

For information about how we collect, use, process and otherwise handle your personal information in connection with the refer-a-friend reward program, please refer to our privacy policy at https://waxon.ca/pages/privacy  

REFERRER:
 

  • Referrer (Existing Client) refers a new Client to WAXON by providing their unique referral code though email or text message. 
  • Referrer (Existing Client)must have a WAXON online booking account set up in order to access and share their unique referral code and view their referral rewards. 
  • Once the Referee(New Client)has completed their visit, the referral reward will be automatically applied to the Referrer’s account. Notification will be sent via email and text message once the referral offer reward is added to the Referrer’s account.  
  • The referral reward is redeemable on one (1) service for up to $20 off before tax and tip.  
  • The referral reward will be automatically applied during the Referrer’s next visit. 
  • If there are multiple services on one invoice, the reward will be applied to the highest priced service.
  • Incases where multiple referral rewards have accumulated in the Referrer’s profile, one (1) referral reward will be applied per service until the referral offers have all been redeemed. 
  • The referral reward is seen as a discount and therefore does not carry a balance. If the value of the service is less than $20, the remaining value will be forfeited.
  • The referral reward may not be applied to gift cards, online, or merchandise purchases or combined with other discounts, rewards, or offers.
  • Referral rewards do not expire and there is no limit to the number of referrals an individual can make or referral rewards they may receive.  
  • Referral rewards cannot be transferred or shared.

REFEREE: 

  • To be eligible to qualify for aReferee referral offer, the referred friend must (1) be a new WAXON client that has never completed a waxing, laser, or other service(s); 2) be over the age of 16; and 3) meet the conditions of their reward.
  • To accept the referral offer, the Referee must click the referral code received via social, email or text message link and create a new WAXON client profile. 
  • In the event aReferee has an existing WAXON client profile but has not completed any services, they are still considered a new client. Clients with existing profiles must have the referral code added manually to their account at the WAXON location. 
  • Once the referral offer has been accepted and or added to the Referee’s profile, it will be automatically applied to their first service. 
  • The referral offer is redeemable on one (1) service for up to $20 off before tax and tip. 
  • The referral offer is seen as a discount and therefore does not carry a balance. If the value of the service is less than $20, the remaining value will be forfeited. 
  • The referral offer may not be applied to gift cards, online, or merchandise purchases or combined with other discounts or offers.  
  • The referral offer does not expire and cannot be transferred or shared. 
  • Only one (1) Referee reward discount may be redeemed per client.  

PROGRAM TECHNOLOGY / COMMUNICATION: 

  • The referral program is integrated into WAXON’s POS system, ZENOTI. 
  • All communications and automations are executed within the ZENOTI system.
GENERAL INFORMATION: 
  • In the event of fraud, abuse, and/or an error affecting the proper operation of this promotion, WAXON reserves the right to end or suspend the promotion.
  • WAXON reserves the right to suspend, cancel or amend the promotion and/or review and revise these terms and conditions at any time without giving prior notice and by continuing to take part in the promotion subsequent to any revision of these terms and conditions, users shall be deemed to have agreed to any such new or amended terms.

WAXON TERMS + CONDITIONS

By using any of the Services and the Website, You expressly agree to be bound by these terms and all applicable laws and regulations governing the Website and the Services. The terms form a legally binding agreement between you and www.WAXON.ca in relation to your use of the Website and/ or the Services and applies to all users of the Services, whether registered or not, on the Website.  

As used in this Agreement, "www.WAXON.ca", "we," "us," and "our" shall mean WAXON and its subsidiaries and affiliates. By accessing or using the services available through our website (the "Services"), and you agree to be bound by these Terms of Service. These Terms do not alter in any way the terms or conditions of any other agreement you may have with WAXON for products, services or otherwise. If you are using the Services on behalf of any entity, you represent that you are authorized to do so.  

We may, at our sole discretion, modify or revise these Terms of Service, policies and price of services such as of WAXON at any time by giving notice on our Website and/or through the Services, and you agree to be bound by such modifications or revisions. Although WAXON may attempt to notify you, when major changes are made to these Terms of Service, you should periodically click on our Terms of Service to review any updates. All changes shall be effective immediately when we post them and shall apply to all access to and use of our Website thereafter. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits hereunder.  

THIS IS A LEGAL AGREEMENT. BY PURCHASING OUR PRODUCT OR USING OUR SERVICES, YOU ARE ACCEPTING AND AGREEING TO THESE TERMS & CONDITIONS ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS & CONDITIONS ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT. YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS & CONDITIONS, YOU SHOULD DISCONNECT WAXON AND CEASE USING IT.  

TERMINOLOGY: 

Applicable Laws shall mean and include all applicable statutes, enactments, acts of legislature or parliament, provincial laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any governmental authority, tribunal, or a court of Canada. 

Advertising Regulation means any present or future code of practice, including the Broadcast Canadian Code of Advertising, adjudication, decision, direction or rule of any Advertising Regulator and includes any modifications, amendments or extensions thereof in force from time to time. 

Content means report text, graphics, images, music, software, audio, video, information, or other materials. 

Representative means, an entity and its Affiliate(s), any director, officer, employee, consultant, contractor, agent, distributors and attorney associated with WAXON. 

Site or Sites means www.WAXON.ca 

Service refers to any of the waxing, laser, and/or beauty services provided by or on behalf of WAXON at our locations. 

Client/User 
refers to any person that books a Service at one of our locations. 

Cancellation Window is the time period during which an appointment can be cancelled without penalty. 

Third Party means products and services offered by the organization/individual who is not party to this Agreement. 
 
TERMS AND CONDITIONS OF SALE 

  • WAXON reserves the right to refuse entry or expel Clients from our operating location should their conduct be deemed unfit or should they be deemed to be in breach of the Terms. In such instances, the WAXON will not refund the Client. 
  • For individuals under the age of 16 we require express written consent from a parent or guardian to perform services.  
  • WAXON reserves the right to change the price of any of its services from time to time. 
  • All credit and debit cards are processed in Canadian Dollars at the time of payment. WAXON is not responsible for any fees, charges, exchange rates or additional charges levied by the individual financial institutions or credit card companies. 

REFUND AND CANCELLATION/APPOINTMENT RESCHEDULE POLICY 
The Appointment Cancellation and Reschedule Windows are as follows: 

We request that you call, or email the WAXON location to cancel or reschedule at least 2 hours prior to your appointment time. You may also cancel or modify your appointment using the WAXON mobile app. Furthermore, Clients are asked to arrive at least 10 minutes prior to the start of their Service.  

Late Cancellation – late cancellation shall be considered if: 

  1. You give less than 2hours notice to move or cancel your appointment.
  2. You don't show up for your appointment.
  3. You arrive 7 minutes after your scheduled appointment time and there is no availability. 

 After 2 late cancellations you will be subject to a 30% service charge. 
 
RIGHTS OF WAXON PERTAINING TO REFUNDS: 

  • WAXON cannot be held responsible for a particular Service, or piece of equipment becoming unavailable. If a Waxologist or Laserologist becomes unavailable we will ensure – where practically possible – that they are replaced by another Waxologist or Laserologist. Where this is not possible, or where a session is cancelled due to unforeseen circumstances, we will reschedule those Clients whose Services were affected. WAXON will not be liable for any other incurred costs or damages to the Client from a cancellation. 
  • WAXON reserves the right to make alterations to its Services, Waxologist or Laserologist availability and/or equipment, as well as those ancillary facilities provided to Clients, without notice in its absolute discretion and will not be liable for any loss occasioned by such alterations, insofar as such loss is by law capable of exclusion. 
  • Subject to any statutory rights of cancellation, payments for Services, gift certificates and Bar Tabs are non-refundable unless otherwise stated in these Terms and Conditions. Refunds, if any, shall be made at WAXON’s discretion. 

SERVICE TIMINGS 
Clients are asked to arrive at least 10 minutes prior to the start of their Service.  

CONTRA-INDICATIONS  
WAXON advises Clients not to book in for a Service without first seeking medical advice if they have any concerns at all about the suitability of their skin or any other physical condition for the Service. 

WAXON reserves the right to refuse to carry out Services to any Client if it in any way doubts the suitability of their skin or other physical conditions and therefore the Client’s ability to safely receive Services. 

When booking a Service, Clients agree they understand that all hair removal or beauty services carry a risk of adverse reaction. In the absence of any negligence or other breach of duty by WAXON, the Client agrees at the point of booking that the undertaking of the Service is entirely at their own risk. Furthermore, it is the Client’s responsibility to ensure that their physical condition is appropriate for receiving WAXON’s Services. 
 
It is the Client’s duty to keep WAXON informed of any subsequent changes to their medical conditions, allergies or suitability of their skin for a Service once the initial Client Intake Form  has been filled out so that WAXON can continue to treat the Client in the most effective manner. 

PERSONAL BELONGINGS AND SAFETY 
Personal belongings brought to the location are brought at the Client’s own risk. The safety and security of possessions and personal belongings are not the responsibility of WAXON. We do not accept liability for loss or damage of person possessions except in so far as such loss or damage is by law incapable of exclusion. 

ACCURACY OF ACCOUNT INFORMATION; PAYMENT 
To access and use certain features and buy Products from our website, you shall be required to register for an account on our Website in order to purchase Products.  
 
You agree to provide current, complete and accurate purchase and account information for all purchases made on our website. You agree to promptly update your account and other information, including your e-mail address so that we can complete your transactions and contact you as needed. 

If you pay by credit card or certain other payment instruments, the site may link to our payment processing agent. You hereby authorize us or any payment agent hired by us to bill your credit card or other payment instrument. You represent and warrant that (i) any credit card information you supply is true, correct and complete, (ii) charges incurred by you will be honoured by your credit card, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued, and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information. 

Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in Product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card (or another payment account) has been charged, we will issue a credit to your credit card (or another applicable payment account) in the amount of the charge. 

We reserve the right to refuse the supply of any Product for any or no reason. In the event where you have already been charged for the Product, we will reimburse you within 30 days of our order refusal, with no extra fees, charges or compensation being due to you. 

You shall be responsible for paying any governmental taxes imposed in connection with the purchase or any Products or services made available through the Sites, including sales, use, and excise taxes. To the extent that WAXON is obligated to collect such taxes, the applicable tax will be added to your billing account 

GENERAL 
Clients consent to having their photograph taken by WAXON at any time whilst at our locations and WAXON reserves the right to use any such individual or group photographs of Clients for press or promotional purposes. If a Client specifically does not want their photograph used for such purposes then they must notify WAXON. 

Clients agree not to engage in negative comments, libel or slander regarding WAXON including but not limited to publishing, or causing to be published, complaints or derogatory comments about WAXON in any format including, but not limited to, print, newspaper, television, radio, social media or on internet complaint sites, blogs or other public internet forums. 

WAXON Services rely on or inter-operate with third party products and services such as booking engines and payment processors. These third-party products and services are beyond WAXON’s control, but their operation may impact or be impacted by the use and reliability of WAXON Services. You acknowledge and agree that: (i) the use and availability of the Services is dependent on third party product vendors and service providers, (ii) these third-party products and services may not operate in a reliable manner 100% of the time, and they may impact the way that WAXON Services operate, and (iii) WAXON is not responsible for damages and losses due to the operation of these third-party products and services.
 
You acknowledge and agree that you are responsible and bear all risks associated with the use of our Product and Services, and that under no circumstances will WAXON be liable in any way for any loss or damage of any kind incurred as a result of the of our Product and Services. 

Users will not use the Services if any applicable law in their country prohibits them from doing so and or have not previously been their right to use the Services suspended or terminated.  

You agree to release WAXON, its parents, partners, contractors and affiliates together with their respective employees, agents, officers, directors and shareholders, from any and all liability and obligations whatsoever in connection with, or arising from, your use of our Services. If at any time you are not happy with the product or the Services or object to any Content, your sole remedy is to cease using them.  

SHIPPING - DELIVERY AND ACCEPTANCE - CANCELLATION 
While purchasing a Product on our site, you will be asked to select the applicable shipping method and its corresponding fee. All deliveries are carried out by third-party carriers, and we shall not be held liable for any liability arising from or in connection with their services, including, without limitation, loss or damages to the Product or delays in delivery. Furthermore, you acknowledge and agree that you shall not cancel the order if the delivery of the product gets delayed beyond 30 days. Except as otherwise provided under applicable law, the risk of loss for a title to Products purchased on this site passes to the purchaser upon delivery to the carrier. 

Once the order has been placed it cannot be cancelled or modified.  

Returns 
Due to the personal nature of our products, Returns shall not be accepted unless the delivered Product was damaged.  

Damages + Defects 
Please inspect shipments for any visible carton damage and note that on the paperwork when signing for the delivery if applicable. If the Product arrives damaged, contact us at shop@waxon.ca within 5 days to arrange an exchange at no cost to you.  
 
PRODUCT LIABILITY DISCLAIMER 

USE LIMITATION 
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell, any information, Products or services obtained, from WAXON’s Website.  

INSPECT INGREDIENTS OF THE PRODUCT BEFORE FIRST USE 

It shall be responsibility of the Client to verify and confirm that they are not allergic to any of the ingredients of the products ordered from WAXON. 
 
ELECTRONIC COMMUNICATIONS  
When you send an e-mail or chat electronically with WAXON, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or chat. You agree that all agreements, notices, disclosures and other communications that WAXON provides to you electronically satisfy legal requirements that such communications be in writing. See our Privacy Policy for more details regarding additional communication and information collection. 
 
USE OF THE SERVICES  
You will not prepare the replica of our product and or use, copy, adapt, modify, decompile, reverse engineer, disassemble, decrypt, attempt to derive the source code, prepare derivative works based upon, distribute, license, sell, rent, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the product and Content, except as expressly permitted by WAXON or as permitted under applicable law. Any unauthorized use of the Services is strictly prohibited and will terminate the license granted in these Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.  
 
WAXON will not be liable on account of any inaccuracy of information on this Website. It is the responsibility of the visitor to further research the information on the Website. The user undertakes not to duplicate, download, publish, modify and distribute material from WAXON Website unless specifically authorized by WAXON in this regard. 

OWNERSHIP AND INTELLECTUAL PROPERTY  
All worldwide copyrights, trade secrets, and other intellectual property rights therein are the exclusive property of WAXON and its licensors. WAXON and its licensors reserve all rights in and to the Website not expressly granted to you herein. There are no implied licenses herein. All suggestions or feedback provided by you to WAXON with respect to the Website shall be WAXON’s property. WAXON may use, copy, modify, publish, or redistribute the submission and its contents for any purpose and in any way without any compensation to you.  

This Website, our product and all other content forming part of the Website, including without limitation, all photographs, ideas, images, designs, information, interfaces, text, graphics, brand names, logos and trademarks, are protected by copyright, trade mark and other intellectual property laws of Canada.  

You acknowledge and agree that WAXON owns, controls or is licensed all legal right, title and interest in and related to the Product and Website, including all intellectual property rights. You may not:  

  • modify or copy the idea of trade, layout or appearance of the Product and Website or any computer software or code contained in the Website; and/or 
  • decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.  

If you believe that anything on or available through the Services infringes upon any copyright which you own or control, you may contact us at info@WAXON.ca 
 
You acknowledge that all intellectual property rights, including without limitation, copyrights, patents, trademarks, and trade secrets, in the Product, Website, and Services are owned by WAXON or its affiliates or our licensors. Your possession, access, and use of the Product, Website and Services do not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights. WAXON and its affiliates and licensors and suppliers reserve all rights not granted in these Terms. The Services are licensed to you, not sold, under these Terms. 

You may not use the content of the Services in any other public or commercial way nor may you copy or incorporate any of the content of the Services into any other work, including your own website without the written consent of WAXON. You must have a license from us before you can post or redistribute any portion of the Content.  

RELIANCE ON INFORMATION POSTED 
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk and responsibility. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. 

LIMITATION OF LIABILITY 
IN NO EVENT SHALL WAXON, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY  DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT DISPLAYED ON THE DEVICE, (II) PERSONAL INJURY OR PROPERTY DAMAGE(INCLUDING YOUR SMARTPHONE), OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR PRODUCT AND  SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND, IN EACH CASE WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WAXON IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT WAXON SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW, THEREBY MINIMIZING OUR LIABILITY TO YOU TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW. THE SERVICES ARE CONTROLLED AND OFFERED BY WAXON FROM ITS FACILITIES IN CANADA. WAXON MAKES NO REPRESENTATIONS THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SERVICES FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW. 

YOU UNDERSTAND AND AGREE THAT THIS LIMITATION OF LIABILITY IN THIS SHALL APPLY EVEN IF WAXON IS FOUND LIABLE FOR ANY LOSS OR DAMAGE DUE TO BREACH OF CONTRACT, BREACH OF EXPRESS OR IMPLIED OR LIMITED WARRANTY, NEGLIGENCE OF ANY KIND OR DEGREE, STRICT PRODUCT LIABILITY, SUBROGATION, INDEMNIFICATION OR CONTRIBUTION, OR ANY OTHER THEORY OF LIABILITY. HOWEVER, THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO ANY WILLFUL, WANTON, INTENTIONAL OR RECKLESS MISCONDUCT OF WAXON OR GROSS NEGLIGENCE OF WAXON IN THOSE STATES THAT DO NOT PERMIT LIMITATION OF LIABILITY FOR GROSS NEGLIGENCE. 

Disclaimer of Warranties 
YOUR USE OF OUR PRODUCT, WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE WAXON NOR ANY PERSON ASSOCIATED WITH THE WAXON MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WE SHALL NOT BE LIABLE TO YOU FOR ANY LOSS SUFFERED IN RELATION TO YOUR USE OR INABILITY TO USE THE WEBSITE WITHOUT LIMITING THE FOREGOING, NEITHER THE WAXON NOR ANYONE ASSOCIATED WITH THE WAXON REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.  

WE MAKE EVERY EFFORT TO VERIFY STATEMENTS AND INFORMATION SUBMITTED BY THE THIRD PARTIES AND OUR MEMBERS, THE INFORMATION COMPILED BY US IS BASED ON INFORMATION SUPPLIED BY VARIOUS INDIVIDUALS AND BUSINESSES, IT DOES NOT REPRESENT THE VIEWS OF WAXON. AND WAXON CANNOT BE HELD RESPONSIBLE FOR ANY OMISSIONS OR INACCURATE CLAIMS THAT MAY APPEAR.  

WAXON HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. 
 
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 

ENTIRE AGREEMENT/ SEVERABILITY 
These Terms and Conditions constitutes the entire agreement between You and WAXON, in relation to Your use of the Product, Website and/ or the Services and supersedes any prior representations, inducements or agreements relating to its subject matter. You agree that these Terms of Service are not intended to confer and do not confer any rights or remedies upon any third party. If any part of these Terms of Service are held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. These Terms of Service, including all terms and policies referenced herein, contain the entire understanding, and supersede all prior agreements, between you and WAXON relating to this subject matter, and cannot be changed or terminated orally.   

Assignment 
You may not assign these Terms or any of the rights granted hereunder without the prior written consent of WAXON, and any attempted assignment without such consent shall be void. Subject to the foregoing restriction, these Terms will be fully binding upon, inure to the benefit of, and be enforceable by us and our respective successors and assigns. 
 
Non-waiver 
Failure by either WAXON or You to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other right on any later occasion. 
 

Indemnification  
You agree to defend, indemnify and hold harmless WAXON and its respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers from and against any and all liabilities, claims and expenses, including attorneys' fees, that arise from a breach of these Terms of Service for which you are responsible or in connection with your transmission of any content to, on or through our website. Without limiting your indemnification obligations described herein, we reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.  
 
Force Majeure 
WAXON shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control; including, without limitation, any failure to perform hereunder due to unforeseen circumstances or causes beyond its control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials. 
 
Governing Law And Arbitration 
Governing Law. The Parties hereby agree that all actions brought in respect of this Agreement, or any Services delivered pursuant to this Agreement, shall be brought before a Competent Court of Canada, and the parties hereby acknowledge the exclusive jurisdiction of the Competent Courts of Ontario. Therefore, you agree that: (i) the Service shall be deemed solely based in Ontario and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Ontario. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of a competent court located in, Ontario or the Canada District Court, for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as further set forth in the Arbitration provision below.  

 
Arbitration Procedures: 
In the event parties are interested to use Arbitration for any dispute arises between the Parties relating to the application, interpretation, implementation or validity of this Agreement, the Parties agree to resolve the dispute by arbitration at ADR Chambers using the ADR Chambers Expedited Arbitration Rules (https://adrchambers.com/expedited-arbitration/). The Parties agree that the ADR Chambers Expedited Arbitration Rules give the Parties a fair opportunity to present their case and respond to the case of the other side. The arbitration shall be held in Toronto and shall proceed in accordance with the provisions of the Arbitration Act (Ontario). Judgement upon the award rendered by the arbitrator may be entered in any court having jurisdiction. There will be no appeal from the decision of the arbitrator on questions of fact, law, or mixed fact and law. 
 
Discovery.  
Each party may (a) request relevant, non-privileged documents from the other party; and (b) request that the other party provide the particulars of its claims or defences. Any such discovery requests must be served on the other party within 10 days after the arbitrator’s appointment. The responding party shall provide the requesting party with all responsive, non-privileged documents, the requested particulars, and/or any objections to the requests within 15 days after receipt of the requests. Any disputes about discovery or requests for extensions shall be submitted promptly to the arbitrator for prompt resolution. In ruling on any discovery dispute or extension request, the arbitrator shall take into consideration the nature, amount, and scope of the underlying arbitration claim, the cost and other effort that would be involved in providing the requested discovery, the case schedule, and whether the requested discovery is necessary for the adequate preparation of a claim or defence. 

Communications with the Arbitrator.  
Whenever communicating with the arbitrator, the parties must include each other – for example, by including the other party on a telephone conference call and copying the other party on any written submissions, such as letters or emails. To the extent practicable, conferences with the arbitrator will take place by telephone conference call or email. Ex parte communications are not permitted with any arbitrator. 

Confidentiality.  
Upon either party’s request, the arbitrator will issue an order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted filing of confidential information must be done under seal. 
 
CONTACT US 

If you have any questions or concerns regarding these Terms or our Services, please contact us by emailing info@WAXON.ca 

 

 

 

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