OVERVIEW
The website neonific.com (the “Site”) is operated by Neonific Inc. (“Neonific”). Throughout the Site, the terms “we”, “us” and “our” refer to Neonific. Neonific offers access and use of the Site, conditioned upon your compliance with these terms and conditions stated herein (the “Terms”). By accessing, browsing and using the Site, you agree to be bound by the Terms and all applicable law. If you do not agree to be bound by the Terms and applicable law each time you use the Site or you do not have the authority to agree to or accept these Terms, you may not use the Site.
By using the Site, you engage in our “Services” and further agree to be bound by the policies referenced herein and/or available by hyperlink.
You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of the Terms by posting updates and/or changes to the Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
The Site is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.
SECTION 1 - AGE
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site.
SECTION 2 - GENERAL CONDITIONS
All access to and use of the Site is governed by and subject to the Terms. Subject to our Privacy Policy, we may access at any time and use internally for any lawful purpose information stored on our systems, including the content of any emails or other communications. We may disclose such information to any third party including law enforcement agencies to protect our rights or property in response to legal process, or in a good faith belief that such disclosure is justified or required in an emergency situation. We may investigate any reported violation of our policies or complaints and take any appropriate action that we deem appropriate.
SECTION 3 - PRODUCTS OR SERVICES
Certain products or Services may be available exclusively online through the Site. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy: https://neonific.ca/pages/return-refund-policy.
SECTION 4 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 5 – PASSWORDS AND SECURITY
If you use a password to access the Site or any portion of it, then you are responsible for maintaining the confidentiality of the password and for restricting access to the device you use to access the Site, and you agree to accept responsibility for all activities that occur on your account or with your password. In the event that the confidentiality of your account or password is compromised in any manner, you will notify us immediately. We reserve the right to take any and all action, as we deem necessary or reasonable, to ensure the security of the Site and your account, including without limitation, terminating your account, changing your password or requesting information to authorize transactions on your account. Notwithstanding the above, we may rely on the authority of anyone accessing your account or using your password and in no event will we be held liable to you for any costs, liabilities or damages resulting from or arising out of (i) any action or inaction on our part under this provision, (ii) any compromise of the confidentiality of your account or password, and (iii) any unauthorized access to your account or use of your password.
SECTION 6 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the Site (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms.
SECTION 7 - THIRD-PARTY LINKS
Certain content, products and Services available via our Services may include materials from third-parties.
Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 8 - PERSONAL INFORMATION
Your submission of personal information through the Site is governed by our Privacy Policy, which can be viewed here: https://neonific.ca/policies/privacy-policy.
SECTION 9 - CHANGES, ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. Subject to applicable law, we (a) reserve the right to change the products advertised or offered for sale through the Site, the prices or specifications of such products, and any promotional offers and any other Site materials at any time and from time to time without any notice or liability to you or any other person; (b) reserve the right to limit quantities sold or made available for sale; (c) do not warrant that the Site materials (including without limitation product descriptions or photographs) are accurate, complete, reliable, current or error-free; and (e) reserve the right to cancel, to terminate or not to process orders (including accepted orders) where the price or other material information on the Site is inaccurate or when we recognize abuse of our policies. If we do not process an order for such reason, we will advise you that the order has been cancelled and will either not charge you or will apply credit to the payment type used in the order.
Additionally, Neonific has made every effort to display as accurately as possible the colors and images of its products and Services that appear on the Site. Neonific cannot guarantee that your computer monitor's display of any color will be accurately reflected in any purchased product.
SECTION 10 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Site for violating any of the prohibited uses.
SECTION 11 – LIMITED WARRANTY
This section does not affect the legal warranty provided for under applicable law. Each Neonific product is covered by a 2-year warranty on all electrical components. With the exception of said warranty, the Site is on an “as is” basis without warranties of any kind, either express or implied. Neonific disclaims all other warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement with respect to the Site and materials, content, services and product on the sites. Neonific does not represent or warrant that materials on the Site are accurate, complete, reliable, current, or error-free. Neonific does not represent or warrant that the Site is free from typographical errors or omissions relating to pricing, text or photography. Neonific does not represent or warrant that the Site or its server are free of viruses or other harmful components, even if Neonific or its authorized representatives have been advised of the possibility of such damages. You expressly agree that use of the Site, including all content, data or software distributed by, downloaded or accessed from or through the Site is at your sole risk.
SECTION 12 - LIMITATION OF LIABILITY
In no event shall Neonific be liable for any direct, special, punitive, exemplary, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits, or loss of data, arising out of or in any way connected with Neonific’s operation of the sites or with the use or inability to use the sites or the materials contained in, or accessed through, the sites, even if Neonific or its authorized representatives have been advised of the possibility of such damages.
In no event shall the aggregate liability of Neonific, arising out of or relating to the use of the Site exceed the compensation you paid Neonific.
SECTION 13 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Neonific and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Services providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 14 - SEVERABILITY
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 15 - TERMINATION
Notwithstanding any of these Terms, including if, in our sole judgment, you fail, or we suspect that you have failed, to comply with any of these Terms, we reserve the right, without notice and in our sole discretion, to terminate your access to and use of the Site, and to block or prevent future access to and use of the Site if you violate any of these Terms. Upon termination, these Terms shall still apply.
SECTION 16 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by us on this Site or in respect to the Services constitutes the entire agreement and understanding between you and us and governs your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
SECTION 17 - GOVERNING LAW
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the province of Quebec. Regardless of where you access the Site, you agree that any action arising out of or relating to these Terms shall be filed and adjudicated only in the provincial courts located in Quebec (Judicial District of Montreal), and you hereby irrevocably and unconditionally consent and attorn to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding arising out of these Terms.
SECTION 18 - CHANGES TO TERMS
You can review the most current version of the Terms at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to the Site. It is your responsibility to check the Site periodically for changes. Your continued use of or access to the Site following the posting of any changes to these Terms constitutes acceptance of those changes.
SECTION 19 - LANGUAGE
These Conditions are drawn up in English and in French versions. In case of any dispute, the English language version shall prevail.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms should be sent to us at info [at] neonific.com.
Our contact information is posted below:
Neonific Inc.
info [at] neonific.com
1055 Rue Lucien-L'Allier, Unit #766, Montreal QC H3G3C4, Canada
+1 888-530-6366
