Terms & Conditions

1. Agreement to Terms

By accessing and using the AquaArts website and services, you accept and agree to be bound by the terms and provisions of this agreement. If you do not agree to abide by these terms, please do not use this service.

Your Agreement Includes:

• These Terms and Conditions
• Our Privacy Policy
• Our Warranty Information
• Any additional policies posted on our website

2. License to Use Website

AquaArts grants you a limited, non-exclusive, non-transferable license to access and use our website for personal, non-commercial purposes only.

You May NOT:

• Reproduce, distribute, or transmit any content without written permission
• Modify or alter our website or its content
• Use our website for any commercial purpose or for the public benefit
• Remove any copyright or proprietary notices
• Use our website in any way that violates applicable laws or regulations
• Attempt to gain unauthorized access to our systems

This License Does NOT Include:

• Rights to sell, transfer, or assign any portion of the website
• Rights to display product images or content elsewhere
• Rights to resell or redistribute website content
• Rights to create derivative works

3. Product Information

We strive to provide accurate product descriptions, specifications, and pricing. However, we do not warrant that all information is accurate, complete, or error-free.

Product Descriptions:

• Based on manufacturer information and specifications
• Images provided for illustration purposes only
• Actual colors may vary due to lighting and screen differences
• Subject to change without prior notice

Our Right to Correct Errors:

We reserve the right to correct any errors in product information, pricing, or descriptions at any time without notice. If an error is discovered, we will contact you and offer to proceed with the corrected information or cancel your order.

4. Pricing and Availability

Pricing Terms:

• Currency: All prices are in Canadian Dollars (CAD) unless otherwise stated
• Changes: Prices are subject to change without notice at our discretion
• Final Price: Price shown at checkout is final and binding
• Taxes: Taxes and shipping calculated and shown before purchase confirmation

Product Availability:

• Products are subject to availability
• We reserve the right to cancel orders if items become out of stock
• Special orders and custom items have specific availability terms
• We will notify you immediately if an ordered item becomes unavailable

Special Offers and Promotions:

• Apply only as stated in the promotion
• May be withdrawn at any time without notice
• Cannot be combined with other discounts unless specified
• Valid only for specified time period

5. Order Acceptance

How Orders Work:

• You submit an order through our website
• We verify and accept your order (or contact you if we cannot)
• We process payment and confirm your order
• We prepare and ship your order

Our Right to Refuse:

We reserve the right to refuse or cancel any order for any reason, including:

• Suspected fraudulent activity
• Violation of our terms and conditions
• Items are out of stock
• Incomplete or inaccurate information
• Product restrictions for your location

In Case of Cancellation:

• We will contact you immediately
• Any payment received will be refunded in full
• Refunds processed within 7-10 business days
• No cancellation fees or penalties

6. User Accounts

Your Responsibilities:

• You are responsible for maintaining the confidentiality of your login information
• You agree to provide accurate and complete information when creating an account
• You are responsible for all activity that occurs under your account
• You must notify us immediately of any unauthorized access to your account

Account Security:

• Never share your password with anyone
• Change your password regularly
• Use strong, unique passwords
• Log out of your account after each session on shared computers

Our Right to Suspend:

We reserve the right to suspend or terminate accounts that:

• Violate these terms and conditions
• Engage in fraudulent activity
• Harass other users or employees
• Breach our acceptable use policy

7. Intellectual Property Rights

Our Content:

All content on the AquaArts website is the property of AquaArts or its content suppliers and is protected by copyright law, trademark law, and other applicable laws.

Protected Content Includes:

• Text, graphics, logos, and images
• Product descriptions and specifications
• Software and website design
• Videos, animations, and other multimedia
• Brand names and trademarks

What You Cannot Do:

• Reproduce or copy content without permission
• Distribute, transmit, or publish our content
• Create derivative works from our content
• Use our brand or trademarks without authorization
• Display our content on other websites

8. Limitation of Liability

What AquaArts Is NOT Liable For:

To the fullest extent permitted by law, AquaArts shall NOT be liable for:

• Indirect Damages: Loss of profits, revenue, data, or business opportunity
• Consequential Damages: Business interruption or loss of use
• Special Damages: Personal injury or property damage
• Any Damages: Arising from use or inability to use our products or website
• Third-Party Actions: Even if we’ve been advised of the possibility

Our Liability Cap:

In no event shall our total liability exceed the amount you paid for the product in question.

This Applies Even If:

• A remedy fails of its essential purpose
• We were negligent
• Damage was foreseeable

9. Indemnification

Your Obligation:

You agree to indemnify and hold harmless AquaArts, its owners, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your violation of these terms and conditions
• Your use of the website or products
• Your violation of any applicable law or regulation
• Your infringement of any intellectual property rights
• Your actions or conduct on our website

This Indemnification Includes:

• All legal costs and attorney fees
• Court costs and judgment amounts
• Settlement amounts
• Any damages awarded

10. User Conduct

You Agree NOT to:

• Violate Laws: Violate any applicable local, state, or federal laws
• Intellectual Property: Infringe on any intellectual property rights
• Harassment: Harass, abuse, or threaten other users or staff
• Spam: Post spam, malware, or harmful content
• Hacking: Attempt to hack or gain unauthorized access to systems
• Fraud: Engage in any fraudulent or deceptive practices
• Reverse Engineering: Reverse engineer or decompile our website
• Scraping: Use automated tools to scrape or access content

Consequences of Violation:

• Immediate account termination
• Legal action and prosecution
• Forfeiture of any pending orders
• Permanent ban from our website

11. Governing Law

Jurisdiction:

These Terms and Conditions are governed by and construed in accordance with the laws of British Columbia, Canada, without regard to its conflict of laws provisions.

Legal Proceedings:

• You irrevocably submit to the exclusive jurisdiction of the courts in British Columbia
• Any legal action must be brought in those courts
• You waive any objection to venue or inconvenient forum

Dispute Resolution:

Before initiating legal proceedings, we encourage you to:

• Attempt to resolve disputes through good faith negotiation
• Contact us in writing with details of the dispute
• Allow 30 days for resolution
• Participate in mediation if proposed

12. Contact Information

Questions About These Terms?

If you have questions about our Terms and Conditions, please contact us using the information below.

Contact Options:

• Email: legal@aquaart.ca
• Phone: 1-800-991-8827 (Monday-Friday, 10 AM-7 PM EST)
• Mail: AquaArts, 8247 130 Street, Surrey, B.C, V3W 7X4, Canada

How We’ll Respond:

• Email inquiries responded to within 24 hours
• Phone support available during business hours
• Mailed inquiries responded to within 10 business days

Document Information:

• Effective Date: January 1, 2026
• Last Updated: January 1, 2026
• Version: 1.0