1. Acceptance of Terms
Water to Sky Ltd. provides Services (as defined below) to you through this website (“Website”) and access to and use of this Website and the Services are provided to you subject to your acceptance of and compliance with the following terms and conditions (“Terms”).
By indicating your acceptance below, you acknowledge that you have read, accepted, and agreed to these Terms. If you do not agree to these Terms, you will not be able to use this Website.
In addition, when using the Services, you will be subject to any posted guidelines or rules applicable to such Services which may be posted from time to time on this Website. All such guidelines or rules are hereby incorporated by reference into these Terms. Water to Sky Ltd. reserves the right to change these Terms at any time without prior notice and your continued access or use of this
Website or the Services after such changes indicates your acceptance of the Terms as modified. It is your responsibility to review these Terms regularly and before booking any Services. These Terms were last updated on October 20, 2020.
If you do not agree with one or more of these Terms, do not access or use this Website or the Services.
2. Booking Process
When you purchase Services from the Website a representative of Water to Sky Ltd. will contact you with twenty-four hours to arrange a pickup/drop-off time that is mutually agreeable. If upon being contacted by a Water to Sky Ltd. representative you are unable to confirm a mutually agreeable time, Water to Sky Ltd. will offer you a full refund via the same method of payment you used.
Water to Sky Ltd. accepts payments through Visa, MasterCard or American Express through the Website. If you would prefer to pay via e-transfer or cash please contact us via phone at (587) 463-8597 arrange the same.
Once you have confirmed a pick-up/drop-off time with a Water to Sky Ltd. representative you are considered to have completed the purchase of Services and no refunds will be offered.
Should you need to reach us on an urgent basis after normal business hours please contact us via our after-hours phone line at (587) 463-8597.
3. Booking Data
During the booking process, you will provide true, accurate, current and complete information about yourself as prompted by the Service’s booking form (such information being the “Booking Data”).
If you provide any Booking Data that is untrue, inaccurate, not current or complete, or Water to Sky Ltd. has reasonable grounds to suspect that such information is untrue, inaccurate, not current or complete, Water to Sky Ltd. has the right to refuse any and all current or future use of the Services (or any portion thereof) by you. Individuals under 18 years of age cannot book Services on any portion of this Website.
4. Description of Services
Water to Sky Ltd. is offering alkaline hydrolysis as a means of disposal for deceased pets (the “Services”). The Services may also optionally include the pickup and/or drop off of your deceased pet within 75 kilometres of the city of Edmonton, and purchase of an appropriate container for your deceased pet’s remains following completion of the Services. The provision of the Services is subject to these Terms, and any other terms you accept when purchasing the Services.
5. Acknowledgement of Users
You confirm and acknowledge by purchasing the Services that:
- You are 18 years of age or older;
- The pet that you are booking the Services in relation to is deceased;
- You are the lawful and rightful owner of the deceased pet;
- You understand and agree that the Services are irreversible and that once the process of alkaline hydrolysis is in process or has been completed, the deceased pet will not be able to be returned to its former state;
- If the deceased pet is known or suspected diseased, Water to Sky Ltd. will have to comply with all applicable laws in regard to reporting such disease, including but not limited to those obligations contained under the Animal Health act, SA 2007, c A-40.2. Disposal of Dead Animals Regulation, Alta Reg 132/2014, Health of Animals Act, SC 1990 c 21, all as may be amended or replaced from time to time; and
- That in the case of an error or contamination in the process of the Services, it is possible that the remains of the deceased pet may be unavailable to be returned to you. While Water to Sky Ltd. will undertake best efforts to ensure that this does not occur, you expressly acknowledge by purchasing Services that this is a possibility.
7. Use of the Website
Water to Sky Ltd. authorizes you to view, download and print a single copy of materials and content provided on this Website for your personal, non-commercial use only and only in connection with your booking Services with Water to Sky Ltd. or using the Services. You may not remove any trade-mark, copyright or other proprietary notices from such copy nor modify the material or content in any way. Except as otherwise set out in these Terms, any copying or reproduction of this Website’s materials or content, in whole or in part, for commercial purposes or distribution, re-transmission, republication, modification, reverse engineering, sale or other exploitation of this Website or this Website materials or content without the prior written permission of Water to Sky Ltd. is strictly prohibited. Water to Sky Ltd. reserves the right to take such steps as it deems necessary, including legal action, to restrain such unauthorized and prohibited activity and Water to Sky Ltd. reserves the right to suspend or terminate your access to any part of this Website or the Services immediately, without prior notice, at its sole discretion. You are solely and fully responsible for all consequences, however remote, resulting from your use of this Website or the Services.
8. Trade-marks and Copyright
We value your visit to this Website and welcome any questions, comments or feedback you might have about this Website, these Terms or any of the products or services offered by Water to Sky Ltd. (“Feedback”). Please refer to the Contact section of this Website for phone and fax numbers and email addresses.
If you provide Feedback, you grant Water to Sky Ltd. a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use and commercialize the feedback in any way and for any purpose without providing any compensation to you or any other person.
Hyperlinks on this Website are provided for your convenience only. These links do not imply an endorsement of any linked sites or an affiliation with their owners or operators. Water to Sky Ltd. has no control over the content of any linked site. This content is the sole responsibility of the owner or operator of the linked site.
11. Acceptable Use and Restrictions
In addition to complying with these Terms, you agree to use this Website, the Services and materials on this Website for lawful purposes only and in a manner consistent with local, national or international laws and regulations. Some jurisdictions may have restrictions on the use of the Internet by their residents.
Potential users of this Website or the Services, in any jurisdiction of the world whose laws would: (i) void these Terms in whole or in any essential part (the essential parts being at least, but not only, the provisions relating to governing law, and limitation of liability); or (ii) render accessing this Website illegal; are unauthorized to use this Website.
You agree not to use the Services or this Website in any manner that: (i) infringes, violates or misappropriates the intellectual property rights of any third party; or (ii) may be considered defamatory, discriminatory or otherwise malicious or harmful to any person or entity.
You will defend, indemnify and hold harmless Water to Sky Ltd. from and against any and all losses, damages, costs, expenses (including legal fees on a solicitor and own client basis), claims, complaints, demands, actions, suits, proceedings, obligations and liabilities (including settlement payments) arising from, connected with or relating to your use of this Website, its content or materials, or the Services, or Feedback, or your negligence, misconduct, or breach of these Terms. Notwithstanding the foregoing, Water to Sky Ltd. retains the right to participate in the defense of and settlement negotiations relating to any third party claim, complaint, demand, action, suit or proceeding with counsel of its own selection at its cost and expense.
You understand and agree that:
- We are relying on your representations that you are 18 years of age, are the lawful and rightful owner of the deceased pet who will be subject to the Services, and have actual knowledge by personal or veterinary confirmation that the pet who will be subject to the Services is actually deceased. You are fully responsible for any damages or third-party claim that results from any misrepresentation you make to us in relation to these or any other matters
- Use of this Website and the Services is at your sole risk. This Website and the Services are provided on an “as is”, “as available” basis. Water to Sky Ltd. Parties do not make any warranty or condition of any kind, whether express or implied, regarding this Website or the Services and Water to Sky Ltd.
- Water to Sky Ltd. Parties make no warranties or conditions regarding the quality, reliability, timeliness or security of the Services or that the Services will be uninterrupted or error-free.
- You assume the entire risk in downloading or otherwise accessing any data, files or other materials obtained from the Website, even if you have paid for virus protection services.
- The access to and downloading of material from this Website is done at your own risk. Water to Sky Ltd. makes reasonable efforts to ensure that this Website is virus-free, but Water to Sky Ltd. does not at any time guarantee or warrant that such materials are free of viruses, worms, Trojan horses or other destructive code. You are responsible for implementing safeguards to protect your computer system and data and you are responsible for the entire cost of any service, repairs or corrections necessary as a result of the use of this Website or the Services.
14. Limitations of Liability
IN NO EVENT WILL WATER TO SKY LTD. PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, COMPENSATORY OR PUNITIVE DAMAGES OR LOSSES OR DAMAGES FOR LOSS OF INCOME, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES OR OTHER PECUNIARY LOSS, ARISING OUT OF OR RELATED TO THESE TERMS, THE USE OF THIS WEBSITE OR THE SERVICES. WATER TO SKY LTD. PARTIES WILL NOT BE LIABLE FOR ANY ACTUAL OR ALLEGED INFRINGEMENT BY ANY THIRD PARTY MATERIALS AVAILABLE THROUGH THE SERVICES. IN NO EVENT WILL THE CUMULATIVE LIABILITY OF WATER TO SKY LTD. PARTIES ARISING OUT OF OR RELATED TO THESE TERMS EXCEED THE AMOUNT PAID BY YOU FOR SERVICES IN THE ONE MONTH IMMEDIATELY PRIOR TO ANY CLAIM. TO THE EXTENT THAT SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS ON SOME CATEGORIES OF DAMAGES, THESE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
THE FOREGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY APPLY REGARDLESS OF THE CAUSES, CIRCUMSTANCES OR FORM OF ACTION GIVING RISE TO THE LOSS, DAMAGE, CLAIM OR LIABILITY, EVEN IF SUCH LOSS, DAMAGE, CLAIM OR LIABILITY IS BASED UPON BREACH OF CONTRACT (INCLUDING, WITHOUT LIMITATION, A CLAIM OF FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM), TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND EVEN IF ADVISED OF THE POSSIBILITY OF THE LOSS, DAMAGE, DELAY, CLAIM OR LIABILITY.
YOU ACKNOWLEDGE AND AGREE THAT THESE TERMS PRESENT A FAIR ALLOCATION OF RISK AND LIABILITY, AND THAT THIS SECTION 14 IS AN ESSENTIAL PART OF THE BARGAIN BETWEEN THE PARTIES, A CONTROLLING FACTOR IN SETTING ANY FEES OR OTHER CHARGES, AND AN INDUCEMENT TO THE PARTIES TO ENTER INTO THESE TERMS.
These Terms, and all other notices, policies and statements contained on this Website (all as may be amended by Water to Sky Ltd. from time to time without prior notice) constitute the entire agreement between Water to Sky Ltd. and you. These Terms cannot be modified except as described herein. Anything in this Website inconsistent with these Terms is superseded by these Terms.
No waiver of any of these Terms will be deemed a further or continuing waiver of such Term or any other Term. If in any jurisdiction, any of these Terms are held to be unenforceable by a court of competent jurisdiction, such Terms will be restricted or eliminated to the minimum extent necessary and the remaining Terms will otherwise remain in full force and effect. The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
The relationship between Water to Sky Ltd. and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of these Terms or this Website.
These Terms shall be governed by and construed in accordance with the laws of the Province of Alberta applicable to agreements made and entirely to be performed within the Province of Alberta, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. Regardless of where you access this Website, you agree that any action at law or in equity arising out of or relating to these Terms shall be filed and adjudicated only in the federal or provincial courts located in Alberta, 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.
The parties hereto acknowledge having expressly required that these Term of Use and all related policies and terms are to be drawn up in the English language. Les parties aux présentes reconnaissent avoir expressément exigé que les Conditions et règlements du Site ainsi que toutes les politiques et règles s’y rapportant soient rédigées en anglais.
16. Contact Us
We value your visit to this Website and welcome any questions or comments you might have about this Website, these Terms, or any of the products or services offered by Water to Sky Ltd.. Please refer to the Contact section of this Website for phone, email addresses and other ways to contact us.
I accept and agree to be bound by these Terms with respect to the Services being offered and have read and understand them.