Terms & Conditions

Terms & Conditions

 

Effective Date: October 19, 2024

Last Updated: October 19, 2024

 

Welcome to Avansta Marketing Limited! By accessing or using our website www.avansta.com and services, you agree to comply with and be bound by the following terms and conditions (the "Terms"). These Terms govern your use of our website, products, and services, and set forth the rights and obligations of all users.

 

If you do not agree with any part of these Terms, please do not use our website or services. Your continued use of the website and services constitutes acceptance of these Terms.

 

1. Definitions

In these Terms, certain terms are defined as follows:

 

“Company,” “we,” “us,” or “our”: Refers to Avansta Marketing Limited, the owner and operator of the website.

 

“User,” “you,” or “your”: Refers to any individual or entity accessing or using the website or services.

 

“Services”: Refers to the products, services, and content provided by Avansta Marketing Limited.

 

“Website”: Refers to our website located at www.avansta.com and any related subdomains.

 

2. Acceptance of Terms

By accessing and using the website or services, you agree to be bound by these Terms, our Privacy Policy, and any additional terms and conditions applicable to specific services. You are responsible for reviewing these Terms regularly to stay informed of any updates or changes.

 

3. Changes to the Terms

We reserve the right to modify, update, or replace any part of these Terms at our sole discretion. Any changes will be posted on this page with the “Last Updated” date, and we may notify you through other means, such as email or notices on the website. Your continued use of the website and services after changes are posted constitutes acceptance of the updated Terms.

 

4. Eligibility

To use our website and services, you must:

 

• Be at least 18 years old or have the legal authority to form a binding contract under applicable laws.

 

• Agree to provide accurate, current, and complete information when requested by us.

 

If you are using our services on behalf of an entity, you represent that you have the legal authority to bind that entity to these Terms.

 

5. Account Registration

To access certain features of our website or services, you may need to create an account. By creating an account, you agree to:

• Provide accurate, current, and complete information.

• Maintain the confidentiality of your account credentials.

• Notify us immediately of any unauthorized use of your account.

 

You are responsible for all activities that occur under your account, and we are not liable for any loss or damage arising from your failure to maintain the security of your account.

 

6. Use of Services

By using our website and services, you agree to:

• Comply with all applicable laws and regulations.

• Not use our website or services for any unlawful purpose.

• Not engage in any activity that interferes with or disrupts the proper functioning of our website, including but not limited to hacking, introducing viruses, or overloading the site.

 

You acknowledge that we reserve the right to suspend or terminate your access to our services at any time, without notice or liability, for any reason, including breach of these Terms.

 

7. User Content

You may have the opportunity to submit, upload, or post content (e.g., reviews, comments, photos) on our website or services. By submitting content, you agree that:

• You grant us a non-exclusive, worldwide, royalty-free, perpetual license to use, modify, display, and distribute your content.

• You have the legal right to submit the content and that it does not infringe on any third party’s intellectual property or privacy rights.

• You will not submit content that is defamatory, obscene, offensive, or illegal.

 

We reserve the right to remove or modify any content at our sole discretion.

 

8. Intellectual Property

All content on the website and services, including but not limited to text, graphics, logos, images, and software, is the property of Avansta Marketing Limited or its licensors and is protected by applicable intellectual property laws. You may not:

• Reproduce, distribute, modify, or create derivative works based on our content without our prior written consent.

• Use our trademarks, logos, or branding without our express written permission.

 

9. Third-Party-Links

Our website and services may contain links to third-party websites, products, or services that are not owned or controlled by Avansta Marketing Limited. We have no control over, and are not responsible for, the content, privacy policies, or practices of any third-party websites. Your use of third-party websites is at your own risk, and you should review the terms and conditions and privacy policies of those websites before using them.

 

10. Payment and Fees

If you purchase products or services from us, you agree to pay all applicable fees and taxes. Payments must be made using the methods specified on our website. All fees are non-refundable, except as required by law or as explicitly stated in these Terms.

 

We reserve the right to change our prices at any time, but any changes will not affect purchases already completed.

 

11. Limitation of Liability

To the maximum extent permitted by law, Avansta Marketing Limited and its affiliates, directors, employees, and agents shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with your use of the website or services, including but not limited to loss of profits, data, or goodwill, even if we have been advised of the possibility of such damages.

 

Our total liability to you for any claim arising out of or relating to these Terms or your use of the website or services shall not exceed the amount you paid to us, if any, during the 12-month period preceding the claim.

 

12. Disclaimer of Warranties 

Our website and services are provided "as is" and "as available," without any warranties of any kind, either express or implied. We disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

 

We do not warrant that our website or services will be uninterrupted, error-free, or secure, or that any defects will be corrected. Your use of the website and services is at your own risk.

 

13. Indemnification

You agree to indemnify, defend, and hold harmless Avansta Marketing Limited and its affiliates, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in connection with your use of the website or services, your violation of these Terms, or your infringement of any third-party rights.

 

14. Termination

We reserve the right to terminate or suspend your access to our website and services, without notice or liability, for any reason, including violation of these Terms. Upon termination, your right to use the services will immediately cease.

 

You may terminate these Terms at any time by discontinuing your use of the website and services. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

 

15. Governing Law

These Terms are governed by and construed in accordance with the laws of the Province of Alberta, Canada, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located in Alberta for the resolution of any disputes arising out of or relating to these Terms or your use of the website or services.

 

16. Dispute Resolution

Any disputes arising out of or relating to these Terms, the website, or services shall be resolved through binding arbitration conducted in Alberta. The decision of the arbitrator shall be final and binding on the parties, and judgment on the award may be entered in any court of competent jurisdiction.

 

Each party shall bear its own costs and attorneys' fees unless otherwise awarded by the arbitrator.

 

17. Entire Agreement

These Terms, along with any other legal notices and policies published by Avansta Marketing Limited on the website, constitute the entire agreement between you and Avansta Marketing Limited concerning your use of the website and services. They supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written.

 

18. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced by a valid provision that most closely reflects the intent of the original provision.

 

19. Contact Information

If you have any questions about these Terms, please contact us at:

 

Avansta Marketing Limited

Calgary, Alberta

hello@avansta.com