Terms of Service

Last Updated October, 2024.
IF YOU ARE SUBSCRIBING TO USE OUR SERVICES AS A User (“YOU”, “User”), PLEASE READ THESE TERMS OF SERVICE (THE “TERMS”)
CAREFULLY. KANE AQUARIUM INC., (“KANE AQUARIUM INC.”/“WE”/“US”/“OUR”) OWNS AND OPERATES THE WEBSITE LOCATED AT KANE AQUARIUM INC. (THE “WEBSITE”) AND ANYSUBDOMAINS USED IN CONNECTION WITH OR RELATED TO THE SAME, AND ASSOCIATED SERVICES.COLLECTIVELY THE WEBSITE, KANE AQUARIUM INC. OTHER TOOLS AND TECHNOLOGY MADE AVAILABLE BY KANE AQUARIUM INC. IN CONNECTION WITH USE OF THE KANE AQUARIUM INC. MARKETPLACE BY Users ARE KNOWN AS THE “KANE AQUARIUM INC. PLATFORM ”). YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OLD TO REGISTER AS A USER AND TO USE THE KANE AQUARIUM INC. PLATFORM. BY ACCESSING, BROWSING AND USING THIS THE KANE AQUARIUM INC. PLATFORM, YOU INDICATE THAT YOU HAVE READ AND ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, THEN DO NOT USE THE KANE AQUARIUM INC. THIS WEBSITE OR ANY OF THEIR CONTENT OR SERVICES. THE TERM “YOU” OR “YOUR” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU ARE REGISTERED ON THE WEBSITE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THE KANE AQUARIUM INC. PLATFORM AS A Users. PLEASE BE AWARE THAT THIS AGREEMENT CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE WEBSITE WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF ONTARIO, CANADA WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE KANE AQUARIUM INC. APPLICATION OF THE LAW OF ANY OTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THIS AGREEMENT.
IF YOU SUBSCRIBE TO THE KANE AQUARIUM INC. 
IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF A CORPORATION OR OTHER ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE NECESSARY RIGHT AND AUTHORITY TO ENTER INTO THESE TERMS ON BEHALF SUCH CORPORATION OR ENTITY AND TO BIND SUCH CORPORATION OR ENTITY TO THESE TERMS. PLEASE NOTE THAT THESE TERMS ARE SUBJECT TO CHANGE BY KANE AQUARIUM INC. IN ITS SOLE DISCRETION AT ANY TIME.

When changes are made, KANE AQUARIUM INC. will make a new copy of the Terms available at the Website and any new, supplemental terms will be made available from within, or through, the affected Service on the Website. We will also update the “Last Updated” date at the top of the Terms. If we make any material changes, and you have registered with us to create an account we will also send an e-mail to you at the last e-mail address you provided to us pursuant to the Terms. Any changes to the Terms will be effective immediately for new End Users of the Website, the KANE AQUARIUM INC. App and/or Services and will be effective thirty (30) days after posting notice of such changes on the Website for existing End Users, provided that any material changes shall be effective for End Users who have an account with us upon the earlier of thirty (30) days after posting notice of such changes on the Website or thirty (30) days after dispatch of an e-mail notice of such changes to registered End Users. KANE AQUARIUM INC. may require you to provide consent to the updated Terms in a specified manner before further use of the KANE AQUARIUM INC. Platform is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the KANE AQUARIUM INC. Platform. Otherwise, your continued use of the KANE AQUARIUM INC. Platform constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE AND KANE AQUARIUM INC. 
1. REGISTRATION & SERVICE ACCESS
1.1 Registration. You must register for and maintain an account with us to use the KANE AQUARIUM INC. Platform. When registering, you must provide accurate and complete information about yourself (i.e., if you are registering on behalf of an entity, that entity) and promptly update this information (including, any credit card or other payment information you submit to us or our third -party payment processors ). You represent and warrant that all such registration information you submit is truthful and accurate, and you will maintain the accuracy of such information. If you provide any information that is inaccurate or incomplete, or we have reason to believe that the information is inaccurate or incomplete, we may suspend or terminate your account and your use of the KANE AQUARIUM INC. Platform. Only you and your employees on your behalf are authorized to use your account to use the KANE AQUARIUM INC. Platform and conduct other activities with us. You are responsible for all activities that occur through your account. To protect your account and corresponding subaccounts from unauthorized use, keep all user identification and passwords secure and do not provide this information to anyone else. Please notify us immediately of any unauthorized use of your account or any other breach of security regarding the KANE AQUARIUM INC. Platform.
1.2 Access and Modifications. We make the KANE AQUARIUM INC. Platform available for access through the Internet, but otherwise do not provide you with the equipment or services to access the KANE AQUARIUM INC. Platform. KANE AQUARIUM INC. reserves the right to determine the content, appearance, design, functionality and all other aspects of the Website (including the right to re-design, modify, remove and alter the content, appearance, design, functionality, including product descriptions, and other aspects of the KANE AQUARIUM INC. Platform and any element, aspect, portion or feature thereof, from time to time), and to delay or suspend listing of, or to refuse to list, or to de-list, any of the User Offerings in its sole discretion.
1.3 Support. KANE AQUARIUM INC. will provide technical support to users via both phone and emails on weekdays during the hours of 10:00 am – 8:00 pm Eastern Standard Time, with exclusion of statutory holidays observed in Canada and the Province of Ontario. The users should use the following contact details to open a support request:
Email: kaneaquarium@gmail.com or please fill out the Contact Us form and provide the full details of your concern.

KANE AQUARIUM INC. will respond to technical issues within 1 business day of receipt of a request from Users.

2. LICENSE TERMS 

1. Restrictions. You must comply with all applicable laws when using the Website and the KANE AQUARIUM INC.  a)Platform. Except as may be permitted expressly by applicable law or authorized by us in writing, you will not, and will not permit anyone else to: a)record, prefetch, store, copy, cache, modify, distribute, publicly display, resell, distribute, publish, or otherwise provide access to any of the information (including, without limitation, contact information), data, audio, visual, and audiovisual works, plugins, APIs, or other content or materials made available through the Website or the KANE AQUARIUM INC. Platform (“Site Content”) or compile or collect any Site Content as part of a database or other work, or use it to update any existing database or other work; b)rent, lease, offer, sell, or sublicense the Website, the KANE AQUARIUM INC. Platform, or any Site Content, in whole or in part, or any access thereto, to another person or use the Website or the KANE AQUARIUM INC. Platform to provide any service, information, or Site Content to a third party; c)use the Website, the KANE AQUARIUM INC. Platform, or the Site Content for any purpose except for your business use as expressly authorized in Section 3.1, or otherwise commercially exploit the Website, the KANE AQUARIUM INC. Platform, or the Site Content; d)use the KANE AQUARIUM INC. Platform or any Site Content for commercial purposes that compete with the KANE AQUARIUM INC. Platform; e)attempt to recreate any of the Site. Content available on or through the Website or the KANE AQUARIUM INC.Platform; f)circumvent or disable any digital rights management, usage rules, or other security features of the Website, the KANE AQUARIUM INC. Platform, or any Site Content; g)attempt or encourage others to attempt to reverse engineer, disassemble, or decompile the Website, the KANE AQUARIUM INC. Platform, or any components thereof, except as may be permitted expressly by applicable law; h)use the Website or the KANE AQUARIUM INC. Platform in a manner that threatens the integrity, performance, or availability of the Website, the KANE AQUARIUM INC. Platform, or any third party software, systems, networks, or services; i)reverse engineer, decompile, disassemble, or in any way attempt to derive the source code for the Website, the KANE AQUARIUM INC. Platform, or any portion thereof; j)remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the KANE AQUARIUM INC. Platform or Site Content; k)use the KANE AQUARIUM INC. Platform or any Site Content in any manner as a factor in establishing an individual’s creditworthiness or to determine any consumer’s eligibility for credit, insurance, or employment; l)use the KANE AQUARIUM INC. Platform or any Site Content for any marketing or promotional purposes (including, without limitation, to contact any persons or entities using any Site Content) ; or)publicly disseminate information or analysis  regarding the performance of the KANE AQUARIUM INC. Platform.

Third Party Sites. The Website and the KANE AQUARIUM INC. Platform may contain links to web pages that are not hosted by us as a service to those interested in this information or the content therein (“Third Party Sites”). We do not monitor, endorse, or adopt, or have any control over, any Third -Party Sites. We undertake no responsibility to update or review any Third-Party Sites and can make no guarantee as to their accuracy or completeness. Additionally, if you follow a link or otherwise navigate away from the Website or the KANE AQUARIUM INC. Platform, please be aware that these terms will no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site provider to which you navigate from the Website or the KANE AQUARIUM INC. Platform. You access and use Third Party Sites at your own risk. The Website and the KANE AQUARIUM INC. Platform may contain advertisements and promotions from third parties. Your business dealings or correspondence with, or participation in promotions of, advertisers other than us, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party.

PAYMENT & BILLING. 

1. Third Party Payment Providers. KANE AQUARIUM INC. partners with Stripe to facilitate payment processing. KANE AQUARIUM INC. may share your personal or transactional information with third-party service providers when it’s necessary to process payments. Please see further the KANE AQUARIUM INC. Privacy Policy for information about third party services providers. By using a third-party service, you may also be subject to an agreement with the third-party. For example, Stripe is a third-party service provided by Stripe, Inc. and is subject to the Stripe, Inc. Terms & Conditions and Privacy Policy. KANE AQUARIUM INC. does not store any credit card information so will not be liable or responsible for such information. KANE AQUARIUM INC. is not responsible for any chargebacks or disputes that arise from any Users’ use of third-party payment provider. KANE AQUARIUM INC. will not be liable or responsible to re-imburse fees or amounts that have been charge backed or disputed. KANE AQUARIUM INC. will attempt to recover charges and fees (in whole or partially) for chargebacks or disputes from third party providers on behalf of Users but does not guarantee that any funds & fees will be recovered. KANE AQUARIUM INC. is not liable or responsible for compensating Users in the case that attempted recovery of funds is not successful. KANE AQUARIUM INC. is not responsible, and will not pursue reversal of a chargeback or dispute after a financial institution has issue a final verdict on the outcome of a chargeback or dispute.

Taxes. User is responsible for remitting all taxes levied on the Offerings to the appropriate tax authorities. User shall pay any penalty, interest, additional tax, or other charge that may be levied or assessed as a result of the delay or failure of Users, for any reason, to pay any tax or file any return or information required by law, rule or regulation or by this Agreement to be paid or filed by user. If either Party is audited by a taxing authority or other governmental entity in connection with taxes under this Taxes Section, the other Party shall reasonably cooperate with the Party being audited in order to respond to any audit inquiries in an appropriate and timely manner, so that the audit and any resulting controversy may be resolved expeditiously and the responsibility for any additional tax, interest or penalty resulting from such audit is to be determined in accordance with the applicable provisions of this Section.

Currency. Unless otherwise expressly stated herein, all money amounts referred to in this Agreement are in lawful money of Canada.

4. PROPRIETARY RIGHTS
   4.1 Ownership. The KANE AQUARIUM INC. Platform, including but not limited to the Website and all Site Content, including transactional data are protected by applicable intellectual property laws, including United States copyright law and international treaties. We and our suppliers and licensors own all right, title, and interest, including all intellectual property rights, in and to the KANE AQUARIUM INC. Platform, including all Site Content on and available through the KANE AQUARIUM INC. Platform, and any and all underlying software and technology used to provide and make available the Website and the KANE AQUARIUM INC. Platform. Except for those rights expressly granted in these Terms, no other rights are granted, either express or implied, to you. All trademarks, logos and service marks (“Trademarks”) displayed on the Website are our property or the property of other third parties. You are not permitted to use these Trademarks without our prior written consent or the consent of such third party which may own the Trademarks. As between KANE AQUARIUM INC. and you, you own Users Content and except for the rights granted herein, you retain all rights in the User Content.
   4.2 Feedback. If you provide us with identification of any potential errors in, or improvements to, the Website, the KANE AQUARIUM INC. Platform, or any Site Content ((“Feedback”), you hereby grant us the unrestricted right to use your Feedback, including the right to use your Feedback to improve the Website and the KANE AQUARIUM INC. Platform and create other products and services. We will treat any Feedback you provide to us as non-confidential and nonproprietary. You agree that you will not submit to us any Feedback that you consider to be confidential or proprietary.
   4.3Pattern Data. “Pattern Data” means non-personally identifiable information, data and reports derived from or compiled through the services, including but not limited to demographics data, aggregated statistics on user conversion, location data and trend data such as aggregated data and statistics which may indicate frequency and type of use of the KANE AQUARIUM INC. services and Website, and popularity of the services. For greater certainty, Pattern Data is data that does not identify a specific customer, its business contracts or its end users. KANE AQUARIUM INC. reserves the right to compile and create Pattern Data from Users Content and from transactions on the KANE AQUARIUM INC. Platform. As between KANE AQUARIUM INC. and users, all right and title to Pattern Data belongs to KANE AQUARIUM INC. and accordingly KANE AQUARIUM INC. is free to use Pattern Data for any purpose including the improvement of the KANE AQUARIUM INC. services.
   5. CONFIDENTIALITY.
   5.1 Confidential Information. For the purposes of these Terms “Confidential Information” means all confidential and proprietary information of a party that is provided to or obtained by a party from the other party in circumstances where, by its nature or the nature of its disclosure, such party ought reasonably to know has value in being not generally known by the public (including, without limitation, any information that is marked or indicated as confidential at the time of disclosure). Notwithstanding the foregoing, Confidential Information does not include information if, and only to the extent that, the recipient
   establishes that the information:
   1. is or becomes a part of the public domain through no act or omission of the recipient;
   2. was in the recipient’s lawful possession prior to the disclosure and (i) had not been obtained by the recipient either directly or indirectly from the disclosing party and (ii) was not subject to any obligation of confidentiality;
   3. is lawfully disclosed to the recipient by a third party without restriction on disclosure; or
   4. is independently developed by the recipient without any direct or indirect use of the discloser’s Confidential Information whatsoever.
   5. Nondisclosure. Each party agrees to keep all Confidential Information concerning the other in strict confidence, not to make use of such Confidential Information other than in accordance with the performance of its obligations or exercise of its rights under these Terms and not to release, disclose, communicate it or make it available to any person other than (a) employees and permitted subcontractors who reasonably need to know the Confidential Information in connection with these Terms and which who are legally bound to protect the received Confidential Information from unauthorized use or disclosure on terms and conditions at least as strict as these Terms; (b) as permitted hereunder; or (c) as required by law, rule, regulation, or court order, provided that such party (i) provides advance notice to the other party and such cooperation and reasonable assistance as the other party requests in seeking protection or confidential treatment for such Confidential Information, and (ii) strictly discloses the parts of such Confidential Information that are required to be disclosed by such law, rule, regulation or order.
   6. Personal Information. In addition to the foregoing, any information concerning an End User or employee of a party ( “Personal Information”) shall still be considered Confidential Information of such party for the purposes of these Terms. In addition to the confidentiality obligations set forth in this section, each party shall (i) hold any Personal Information of the other party secure in accordance with these Terms, (ii) comply with applicable laws and regulations relating to the protection and privacy of the Personal Information, and (iii) if requested by other party, promptly correct Personal Information that was incorrectly provided by the other party. The disclosing party hereby grants permission to the other party to use such Personal Information solely for the purpose of performing its obligations, and exercising its rights, under these Terms, and, except as expressly permitted by these Terms, neither party shall disclose any Personal Information to any third party, other than employees and contractors, without the prior written consent of the disclosing party. For the avoidance of doubt, as between KANE AQUARIUM INC. and Users, KANE AQUARIUM INC. owns all End User data including any data relating to transactions with End Users through the KANE AQUARIUM INC. Platform.
   6. INDEMNIFICATION.
   User shall at its expense defend, indemnify and hold KANE AQUARIUM INC. and its affiliates, agents and employees (the “INDEMNIFIED PARTIES”) harmless against all loss, damage, claims, demands, actions and costs (including legal/attorney fees), charges, expenses and liabilities of whatsoever nature incurred by the Indemnified Parties out of or in connection with claims brought by third parties alleging: (i) the infringement by Users Content or User Offerings of any third party copyright, trademark, trade secret, patent right or other proprietary rights, (ii) any product liability claims; and (iii) any actual or alleged breach of Users’ representations or warranties set forth in this Agreemen