Terms of Service
Last updated: December 19, 2019
SOFTWARE TERMS OF SERVICE
These Terms and Conditions ("Terms", "Terms and Conditions") govern your relationship with https://tzoa.com and all associated software services - collectively known as the "Service" - operated by Clad Innovations Ltd ("TZOA") ("us", "we", or "our").
Please read these Terms and Conditions carefully before using the our services.
Your access to and use of the Service is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these terms and conditions, in whole or in part, please do not use the Service.
If you have any questions about these Terms, please contact us.
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected. We will not be held responsible or liable for any failure for the Purchase to complete, or any resulting loss or damages to you.
Availability, Errors and Inaccuracies
In order to provide exceptional service, and accuracy, we regularly update components of the Service.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services.
We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Despite our best efforts, the products or services available on our Service may have an error regarding the price, be inaccurately described, or be unavailable.
We may experience delays in updating information on the Service and in our advertising on other websites.
Contests, Sweepstakes and Promotions
Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Service may be governed by rules that are separate from these Terms.
Promotions may be available for a limited time.
Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing Cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or TZOA cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting TZOA customer support team.
A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide TZOA with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize TZOA to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, TZOA will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
TZOA, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
TZOA will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Certain refund requests for Subscriptions may be considered by TZOA on a case-by-case basis and granted in sole discretion of TZOA.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
The Service and all contents, including but not limited to text, images, graphics or code are the property of TZOA and are protected by copyright, trademarks, database and other intellectual property rights. You may display and copy, download or print portions of the material from the different areas of the Service only for your own non-commercial use, or to place an order with TZOA.
Any other use is strictly prohibited and may violate copyright, trademark and other laws. These Terms do not grant you a license to use any trademark of TZOA or its affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Service.
Links to Other Websites
The Service may contain links to third-party web sites or services that are not owned or controlled by TZOA.
TZOA has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services.
You further acknowledge and agree that TZOA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms.
All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
You agree to indemnify, defend and hold harmless TZOA, its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, obligations, costs, actions or demands.
These include but are not limited to: (a) legal and accounting fees resulting from your use of the Service; (b) your breach of any of these Terms; (c) anything you post on or upload to the Service; and (d) any activity related to your account. This includes any negligent or illegal conduct by you, any person or entity accessing the Service using your account whether such access is obtained via fraudulent or illegal means.
Limitation Of Liability
TZOA, its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (i) your access to or use of the Service; (ii) your inability to access or use the Service;
(iii) any conduct or content of any third-party on or related to the Service; (iv) any content obtained from or through the Service; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer And Non-Waiver of Rights
TZOA makes no guarantees, representations or warranties of any kind as regards the website and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the laws of any province in Canada. In such cases, the provincial law shall apply to the extent necessary.
TZOA its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
If you breach any of these Terms and TZOA chooses not to immediately act, or chooses not to act at all, TZOA will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. TZOA does not waive any of its rights. TZOA shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of British Columbia and the laws of Canada, as applicable.
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements, oral or otherwise, regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.
HAVEN HARDWARE TERMS OF SERVICE
The HAVEN Hardware Product Line consists of the HAVEN Central Air Monitor, the HAVEN Central Air Controller, and the HAVEN Room Air Monitor — collectively known as the "Device(s)".
THE DEVICES ARE NOT A MEDICAL OR EMERGENCY DEVICES. The Devices should not be used to replace any detector, alarm or other device that you may have or that a medical professional may have recommended or prescribed to you. This device is not a substitute for professional medical care.
HAVEN DEVICES ARE SOLELY FOR YOUR PERSONAL, NON-MEDICAL PURPOSES. The device is not intended to diagnose, treat, cure or prevent any illness, disease or other condition.
THE DEVICES ARE NOT TESTED OR CERTIFIED FOR USE IN HIGH RISK APPLICATIONS OR FOR ANY LIFE CRITICAL USES.
When a Device is purchased through TZOA directly, the Device may be returned within 30 days of the date in which you received it. The Device must be returned in the same condition that they were received.
Non-working or defective Devices will be replaced by us in accordance with the terms of our Warranty as set forth below.
If you wish to return a Device, you must contact us for authorization and instructions via our support portal.
Device(s) purchased through a third party retailer, reseller, or distributor are subject to the agreements set forth by that respective entity. Please consult this entity regarding their individual return policy.
TZOA warrants to the original purchaser that the Device(s) shall be free from defect in material and workmanship under normal use and service, for a period of one (1) year from the date of original purchase. If the Device is purchased with an active HAVEN Healthy Home or Filter Club Subscription, the warranty shall be extended indefinitely during the period of the subscription. TZOA’s obligation under this warranty shall be limited to repair or replacement of those goods which prove defective, provided that such products are installed, maintained, and operated for the purpose and in the manner intended and for which TZOA instructs or recommends. Neither TZOA nor its installation partners shall be liable for any special or consequential damages directly or indirectly arising from the design, construction, installation, servicing, or operation of the goods.
SOME REGIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS IS TZOA'S SOLE WARRANTY AND THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE DESCRIPTION ON THE FACE HEROF. NEITHER TZOA NOR ITS INSTALLATION PARTNERS MAKE ANY OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WHICH EXCEED TZOA’S AFFORESTATED OBLIGATIONS ARE HEREBY DISCLAIMED AND EXCLUDED FROM THIS WARRANTY. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM REGION TO REGION. TZOA’S AND ITS DEALER’S LIABILITY UNDER THIS WARRANTY SHALL IN NO EVENT EXCEED THE COST OF THE GOODS SOLD UNDER THE CONTRACT OF SALE.
TZOA neither assumes, nor authorizes any person to assume for it, any obligation in connection with the goods. This warranty shall not apply to any goods: (a) which have been subjected to misuse, tampering, negligence, or accidents; (b) the serial numbers of which have been altered, defaced, or removed; or (c) which have been used in a manner contrary to TZOA's instructions or recommendations. This warranty may not be assigned or transferred. If any portion of this limited warranty is held illegal or unenforceable by reason of any law, such partial illegality or unenforceability shall not affect the enforceability of the remainder of this limited warranty. For Warranty Claims: By Telephone: Call TZOA at 1 888 964 2836, and ask to speak with a Customer Service Representative regarding a potential Warranty Claim. The Customer Service Representative will provide further instructions. By Website: TZOA’s website at https://tzoa.com and click on the “Contact” link to report a potential Warranty Claim. A Customer Service Representative will reply by email or chat and will provide further instructions.
Warranty Claim requests are only accepted by telephone and through the website. Include a copy of your Bills of Sale, Invoice or Receipt of Purchase, with an explanation of the problem or defect.