1. GENERAL.
1.1 Hello there! We are SLUSHARK Inc. (“SLUSHARK”, “we”, “us” or “our”). We maintain the website Slusharkus@gmail.com (the “Website”). These terms and conditions are an agreement between you and us and are applicable for as long as you are using our Website, and enter into force at the earliest of the moment at which you (1) accept these Terms and Conditions; (2) use and access our Website, or (3) the earliest moment which is recognized by the applicable laws where you are located.
1.2 Your access and use of the Website and the messages, information, data, text, graphics, images, photographs, illustrations, software or other content available through the Website (collectively, the “Content”) is subject to these terms and conditions (“Terms and Conditions”) and all applicable laws. By entering into these Terms and Conditions, you accept, without limitation or qualification, the Terms and Conditions. If you do not agree to abide by the Terms and Conditions, please immediately refrain from accessing or using the Website and its Content and delete any Content downloaded from the Website.
1.3 If you have questions about any of these Terms and Conditions, please contact us at:
208, Building 2, Taiyun Chuanggu, South Guangming Avenue, Fenghuang Street, Guangming District, Shenzhen, Guangdong. slushark@slushark.com
2. DISCLAIMERS AND LIMITATION OF LIABILITY.
2.1 While SLUSHARK strives to include up to date and accurate information on the Website, the Website and the Content, to the maximum extent permitted by applicable law, are provided on an “AS IS” and as available basis, and any access to, use of, modification to or reliance on the Website and the Content shall be at your sole risk. SLUSHARK and its partners, licensors, agents, content providers, service providers, employees, officers, directors or representatives (“SLUSHARK Representatives”) in no way warrant the accuracy of such information, nor do SLUSHARK or SLUSHARK Representatives assume any liability or responsibility for any errors or omissions contained on the Website, as SLUSHARK and SLUSHARK Representatives cannot and do not guarantee and do not make any, and expressly disclaim, all representations, warranties, covenants and conditions, express or implied, by operation of law or otherwise, with respect to the Website or Content, including: (i) any implied warranties and conditions of merchantability, merchantable quality, or fitness for any particular purpose, or non-infringement, or any implied representations or warranties arising out of course of performance, course of dealing or usage of trade; (ii) that the Website or Content will meet your (or your organization or company’s) requirements or will be compatible with your or your organization or company’s) computer or related equipment or software; (iii) that the Website or Content is accurate, valid, reliable, authentic, current, or complete; (iv) that the Website will continue to operate, operate without interruptions or be error-free; or (v) that your browsing of materials displayed on the Website will not infringe rights of third parties not owned by SLUSHARK.
Claims made with respect to our products are made in good faith and based on all reasonable information available to SLUSHARK at the time of testing. These claims are not, however, indicative of performance and specifications of our products altogether. The metrics we present (such as weight, range, speed, acceleration and battery life) depend on several variables such as the environment, terrain, weather conditions, as well as local regulations and the final build of the ordered product. We make performance claims on an informational purpose only and disclaim that our products will meet these standards in any and all circumstances.
2.2 Your browsing of the Website is done at your own risk. Neither SLUSHARK nor any other party (including SLUSHARK Representatives) involved in creating, producing, or delivering the Website shall be liable for any loss or damage whatsoever (including direct, incidental, consequential, indirect, exemplary, special, or punitive damages) arising out of, or in connection to, your access to, or use of, or any inconvenience, delay of access or use to, the Website, the Content, the User Modifications, any content of any linked website, or failure of such sites (including damages suffered as a result of omissions or inaccuracies in such Website or content, or the transmission of confidential or sensitive information to or from such sites), even if SLUSHARK or SLUSHARK Representatives have been advised of the possibility of such damages or loss or if such damage or loss was foreseeable.
3. CHANGES TO THE WEBSITE.
3.1 SLUSHARK may at any time revise these Terms and Conditions in the event of changes in applicable law and regulatory requirements, to adapt to new technologies, functionalities, or otherwise based on our legitimate business needs or if there are changes to our business practices. Such notice will be provided through the Website. If you are not happy with those changes, you will be bound by the version of these Terms and Conditions in force at the moment when you give us your consent. If any term, condition or any change to the Terms and Conditions is not acceptable to you, you must discontinue the use of the Website immediately. The Terms and Conditions apply exclusively to your use of the Website and do not alter the terms or conditions of any other agreement you may have with SLUSHARK.
3.2 SLUSHARK may, at any time without notice or liability, and for any reason whatsoever, terminate, change, suspend or discontinue any aspect of the Website. SLUSHARK reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Website at any time without notice, but confirms that it has no duty to do so. SLUSHARK and its service providers will also have the right to terminate your use of the Website as set out below under the heading “Termination of Use”.
4. COMMUNICATIONS.
4.1 Subject to any applicable law (and, in the case of personal information, the requirements of the Privacy Policy (as defined at Section 9.1)) and the terms of any other agreements entered into with SLUSHARK, any communications sent by you via the Website or via email, whether solicited by SLUSHARK or otherwise, are on a non-confidential basis, and SLUSHARK shall be free to use and disclose the content of any such communication, including any ideas, inventions, concepts or know-how disclosed therein, for any purpose including developing, manufacturing and/or marketing goods and services. You agree to not assert any ownership right of any kind in such communications (including copyright, trade-mark, patent, unfair competition, moral rights, or implied contract) and you hereby waive such moral rights in favour of SLUSHARK as well as the right to receive any financial or other consideration in connection with such communication.
4.2 All information you submit via our Website needs to be exact, up-to-date and complete.
4.3 While the Website and Content provide information regarding the products and services offered by SLUSHARK, no part of the Website or Content constitutes an offer for the sale of products or the provision of services. Any sale or provision of SLUSHARK products and services shall be subject to a separate contractual agreement. No contractual terms or conditions communicated by you via the Website shall form part of the contract for the purchase or provision or products and services unless expressly incorporated therein.
5. PERMITTED USES.
5.1 You are granted a non-exclusive, non-transferable, non-sub-licensable, revocable, limited license to copy, download, display on your computer, print, and use the Content only for informational purposes and solely for: (a) your own personal use; or (b) your organization’s or company’s internal use. Except as provided herein, no other use is permitted. The foregoing shall not be interpreted such as to restrict the use of social media for sharing the Content.
5.2 All rights, titles and interests not expressly granted by the Terms and Conditions are reserved to SLUSHARK.
6. RESTRICTED USES.
6.1 You may use the Website only for fair and lawful purposes and in accordance with applicable law, without malicious intent and without causing any breach of security, including unauthorized access, breach of confidentiality, breach of integrity, or breach of availability (for example, through denial of service attacks).
6.2 You may not, without the written permission of SLUSHARK, “mirror” any Content on any other server.
7. LINKED WEBSITE AND FRAMING.
7.1 Certain links on the Website may take you to another website, such as social media platforms. SLUSHARK provides these links for informational purposes only. SLUSHARK is not responsible for the content of any such linked pages. SLUSHARK makes no representation or warranty regarding, and does not endorse or approve, any linked website, the information appearing thereon or any of the products or services described. Should you leave the Website via a link contained herein, and view content that is not provided by or on behalf of SLUSHARK, 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.
7.2 You are granted a limited, non-exclusive right to create a hyperlink to the Website. You agree that if you link another website to the Website, such other website shall not (a) create frames around any part of the Website or use other techniques that alter the visual presentation of the Website; (b) imply that SLUSHARK 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 SLUSHARK, imply an affiliation between you or any other person, or you or such other person’s products or services and SLUSHARK; (d) misrepresent the relationship of you or any other person with SLUSHARK or present false, misleading, derogatory, defamatory or otherwise damaging information or impressions about SLUSHARK 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 (including Section 6 (Restricted Uses)).
8. PRIVACY.
8.1 To the maximum extent permitted by applicable law, by using the Website, you consent to SLUSHARK’s Privacy Policy (the “Privacy Policy”).
9. JURISDICTION.
9.1 The Website is hosted on servers residing in Canada and the Website is controlled by SLUSHARK from the Province of Quebec, Canada. By accessing the Website, 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 applicable in the Province of Quebec, without regard to the conflicts of laws principles thereof.
(This Section 10.2 is not applicable to Canadian consumers)
9.2 To the maximum extent permitted under applicable law, you and SLUSHARK agree to waive any right to a jury trial, or the right to have any dispute arising from these Terms and Conditions or from your use of the Website resolved in any court, and instead accept the use of binding arbitration. Any dispute, controversy or claim arising out of or relating to these Terms and Conditions, including any question regarding their existence, interpretation, validity, breach or termination or the business relationship created by it, shall be referred to and finally resolved by arbitration under the Canadian Arbitration Association Arbitration Rules. The place of the arbitration shall be Montreal, Quebec, Canada. You and SLUSHARK empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or formation of this contract, including the arbitrability of any dispute and any claim that all or any part of these terms are void or voidable.
10. TERMINATION OF USE.
10.1 If you breach any provision of the Terms and Conditions, then you may no longer use the Website or the applicable Content that is made available through the Website. SLUSHARK, in its discretion, shall determine whether the Terms and Conditions have been violated.