Privacy Policy

vaperguru.ca, and each of our affiliates and subsidiaries (“Vaper Guru”, “we”, “us”, “our”) are committed to protecting the privacy and personal information (defined below) of customers and users of our Site (defined below) (collectively, “you”, “your”). 

This privacy policy (the “Policy”) describes how we collect, use, disclose and protect your personal information, the types of information we may collect from you and/or that you may provide through the Site, and our practices for collecting, using, maintaining, protecting, and disclosing such information. This Policy is incorporated by reference into our terms of use (the “Terms”). We will only use your personal information in accordance with this Policy unless otherwise required by applicable laws. We take appropriate steps to ensure that the personal information we collect about you is adequate, relevant and limited to the types and used only for the purposes set out in this Policy.

Please read this Policy carefully to understand our policies and practices for collecting, processing and storing your information. If you do not agree with our policies and practices, your choice is not to use our Site (or, if applicable, not to otherwise provide your information). By accessing or using our Site, you indicate that you understand, accept, and consent to the practices described in this Policy. This Policy may change from time to time, as further described in the “Changes to our policy” section below. Your continued use of our Site after we make changes indicates that you accept and consent to those changes, so please check this Policy periodically for updates. We will however notify you in advance of any material changes to this Policy and obtain your consent to any new ways that we collect, use and disclose your personal information. This Policy was last updated on January 6th, 2020

Where you have provided your consent to the collection, use and transfer of your personal information, you may have the legal right to withdraw your consent under certain circumstances. To withdraw your consent, if applicable, contact us at support@vaperguru.ca. Please note that if you withdraw your consent, we may not be able to provide you with a particular product. We will explain the impact to you at the relevant time to help with your decision. 

This Site may also include links to third-party websites, plug-ins, services, social networks or other applications. Clicking on those links or enabling those connections may allow the third party to collect or share data about you. If you follow a link to a third-party website or engage a third-party plugin, please note that these third parties have their own privacy policies and we do not accept any responsibility or liability for these policies. We do not control these third-party websites, and we encourage you to read the privacy policy of every website you visit.

 

What is personal information?

Personal information” means information about an identifiable individual, including information that can be used alone or with other information to identify, contact or locate a single person. This Policy applies to information we collect, use or disclose about you, as follows:

  • On www.vaperguru.ca
  • In e-mail, text and other electronic messages with you (together with the above, the “Site”); and
  • When you interact with our advertising and applications on third-party websites and services if those applications or advertising include links to this Policy.

 

What information do we collect?

We collect and use several types of information from and about you, including: 

 

  • Personal information, such as your (or the recipient of a gift’s) name, mailing address, e-mail address, telephone number, Internet protocol (IP address), user name or other similar identifier, and billing and account information, including debit and credit card information;
  • Non-personal information (i.e. information that does not directly or indirectly reveal your identity), such as demographic information, or statistical or aggregated information. This information may sometimes be derived from personal information; 
  • Technical information, such as your login information, browser type and version, time zone setting, operating system and platform, information about your Internet connection, the equipment you use to access our Site and usage details; and 
  • Non-personal details about your interactions with the Site, such as clickstream to/through/from our Site (including dates and times), products you view or search for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks and mouse-overs), methods used to browse away from page(s), and any phone number(s) used to contact us.

 

How do we use your information?

We use information that we collect about you or that you provide to us, including any personal information:

  • To present the Site and its contents to you, and permit you to use our Site and any of its features; 
  • To administer contests, promotions and sweepstakes in compliance with all applicable laws;
  • To provide you with information about products that you may wish to purchase from us;
  • To enable you to purchase products from us, including as a gift (in which case, we will only use information about the recipient to complete the applicable gift purchase);
  • To enable you to register for an account through the Site, and to provide you with notices about your account; 
  • To fulfill any purpose for which you have provided information that has been described to you at the time of collection, or for any other purpose with your prior consent; 
  • To carry out our obligations and enforce our rights arising from any contracts with you, or to comply with legal requirements; 
  • To notify you about changes to our Site or any products we offer or provide through it; 
  • To improve our Site, products, marketing, or customer relationships and experiences, including personalizing your Site experience by delivering the type of content and product offerings in which you are most interested; and
  • To respond to your customer service request(s) and to administer/respond to surveys and marketing communications (with appropriate consent).  

 

Please note that by submitting your credit card and/or debit card information through the Site, you expressly consent to the sharing of this information with our Payment Partner (as defined in the Terms). Our Payment Partner will collect, store, and process your credit card, debit card and other payment information on our behalf using industry-standard security measures. We do not store any payment, debit and/or credit information, however our Payment Partner may store such information. We assume no responsibility or liability whatsoever with respect to such information in the event of a breach of confidentiality or security.

 

We may also use the information we have collected to enable us to measure or understand the effectiveness of the advertisements we display to you and others, and to deliver relevant advertising to you and other users concerning products that may be of interest to you. If you have opted-in to receive them, we may send you periodic e-mail communications. If you would no longer like to receive all or part of these communications, you may always opt-out by using the unsubscribe mechanism at the bottom of our e-mail communications or e-mail communications sent on our behalf, by adjusting your user preferences through your account on our Site, by checking or unchecking (depending on the circumstances) the relevant box located on the form where we collect the information at issue, or by e-mailing us at support@vaperguru.ca. If you have not opted-in, you will not receive the applicable communications.

 

How do we collect information about you?

We use different methods to collect your information, including through: 

  • Direct interactions with you when you provide it to us, for example, by filling in forms or corresponding with us, in connection with the purposes described above under the section “How do we use your information”; 
  • Automated technologies or interactions, as you navigate through our Site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons and other tracking technologies. For more information, please see the section below entitled “Information we collect through cookies and other automatic data collection technologies”; and 
  • Third parties or publicly available sources, for example, our business partners.

 

You may also provide information for us to publish or display on public Site areas or transmit to other Site users or third parties. 

 

Information we collect through cookies and other automatic data collection technologies

As you navigate through and interact with our Site, we may use cookies or other automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including:

  • Details of your visits to our Site, including traffic data, location data, logs/log data, and other communication data and the resources that you access and use on the Site (for example, to remember what is in your shopping cart); and
  • Information about your computer and Internet connection, including your IP address, operating system and browser type.

The information we collect automatically is statistical information and may include personal information, and we may maintain it or associate it with personal information we collect in other ways or receive from third parties (always in accordance with this Policy). It helps us to improve our Site and to deliver a better and more personalized service, including by enabling us to:

  • Estimate our audience size and usage patterns;
  • Store information about your preferences, allowing us to customize our Site according to your individual interests;
  • Speed up your searches; and
  • Recognize you when you return to our Site.

The technologies we use for this automatic data collection may include (brower) cookies, i.e. small files placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. These settings can be used to warn you each time a cookie is being sent, or to turn off all cookies. However, if you select these settings you may be unable to access certain parts of our Site. In this case, you will still be able to place orders by telephone by contacting customer service. Unless you have adjusted your browser settings so that it will refuse cookies, our system will issue cookies when you direct your browser to our Site.

We may contract with third-party service providers (including without limitation advertisers, ad networks and servers, content providers and application providers) to help us collect information about you when you use the Site. These third parties may use cookies in conjunction with web beacons or other tracking technologies to collect information about you when you use our Site. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioural) advertising or other targeted content. These third-party service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business. 

You can opt-out of several third party ad servers’ and networks’ cookies simultaneously by using an opt-out tool created by the Digital Advertising Alliance of Canada. You can also access this website to learn more about online behavioural advertising and how to stop websites from placing cookies on your device. Opting out of a network does not mean you will no longer receive online advertising. It does mean that the network from which you opted out will no longer deliver ads tailored to your web preferences and usage patterns. If you wish to learn more about the specific tools we use, please contact us at support@vaperguru.ca. 

We do not control these third parties’ tracking technologies or how they are used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. 

 

Disclosure of your information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction but always in compliance with applicable laws. We may however disclose personal information that we collect or you provide as follows:

  • To our subsidiaries and affiliates;
  • In accordance with applicable laws, to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information we hold about our customers and users is among the assets transferred;
  • To advertisers and advertising networks that require the information to select and serve relevant advertisements to you and others, though we do not disclose data about identifiable individuals to our advertisers. We may provide them with aggregate information about our users (for example, we may inform them that 500 visitors between 21 and 41 have clicked on their advertisement on a specific day). We may also use such aggregate information to help advertisers target a specific audience (for example, visitors in a specific location). We may make use of the personal information we have collected from you to enable us to display our advertisers’ advertisement to that target audience; 
  • To third parties to market their products or services to you if you have consented to these disclosures. We contractually require these third parties to keep personal information confidential and use it only for the purposes for which we disclose it to them; 
  • To contractors, service providers and other third parties we use to support our business (such as analytics and search engine providers that assist us with Site improvement and optimization) and who are contractually obligated to keep personal information confidential, use it only for the purposes for which we disclose it to them, and to process the personal information with the same standards set out in this Policy; and
  • To fulfill the purpose for which you provide it, or for any other purpose disclosed by us when you provide the information and obtain your prior consent. 

We may also disclose your personal information:

  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request, in accordance with applicable laws;
  • To enforce or apply our Terms and other agreements;
  • If we believe disclosure is necessary or appropriate to protect our rights, property, or safety, our customers, or others. 

 

 

Transferring your personal information

We may transfer personal information that we collect or that you provide as described in this Policy to contractors, service providers, and other third parties we use to support our business (such as analytics and search engine providers that assist us with Site improvement and optimization) and who are contractually obligated to keep personal information confidential, use it only for the purposes for which we disclose it to them, and to process the personal information with the same standards set out in this Policy.

We may process, store, and transfer your personal information in and to a foreign country, with different privacy laws that may or may not be as comprehensive as Canadian law. In these circumstances, the governments, courts, law enforcement, or regulatory agencies of that country may be able to obtain access to your personal information through the laws of the foreign country. Whenever we engage a service provider, we require that its privacy and security standards adhere to this Policy and applicable Canadian privacy laws.

By submitting your personal information or engaging with the Site, you consent to this transfer, storage, or processing.

 

Data Security

The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. We store all the information you provide to us behind firewalls on our secure servers. 

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Site, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. 

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.

 

Data Retention

Except as otherwise permitted or required by applicable laws, we will only retain your personal information for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. Under some circumstances we may anonymize your personal information so that it can no longer be associated with you. We reserve the right to use such anonymous and de-identified data for any legitimate business purpose without further notice to you or your consent.

 

Accessing and correcting your personal information

It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes. By law you have the right to request access to and to correct the personal information that we hold about you.

To change or delete any of your personal information, you may log into your account on our Site and edit or remove information about you.

If you want to review, verify, correct, or withdraw consent to the use of your personal information you may also send us an e-mail at privacy@180smoke.com to request access to, correct, or delete any personal information that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. We reserve the right to charge you a fee to access your personal information, however, we will notify you of any fee in advance. 

We may request specific information from you to help us confirm your identity and your right to access, and to provide you with the personal information that we hold about you or make your requested changes. Applicable laws may allow or require us to refuse to provide you with access to some or all of the personal information that we hold about you, or we may have destroyed, erased, or made your personal information anonymous in accordance with our record retention obligations and practices. If we cannot provide you with access to your personal information, we will inform you of the reasons why, subject to any legal or regulatory restrictions. 

If you are concerned about our response or would like to correct the information provided, you may contact our Privacy Compliance Officer, at support@vaperguru.ca. 

If you delete your User Submissions from the Site, copies of your User Submissions may remain viewable in cached and archived pages or might have been copied or stored by other Site users. Proper access and use of information provided on the Site, including User Submissions, is governed by our Terms.

 

Age of consent

By using this Site, you represent that you are at least the age of majority required to purchase tobacco, nicotine and/or related products in your province of residence. No one under such age of majority in his or her province of residence may use the Site, or provide any personal information to or on the Site. We do not knowingly collect personal information from anyone under such age of majority in his or her province of residence. If we learn we have collected or received personal information from an individual under such age of majority in his or her province of residence, we will delete that information. If you believe we might have any information from or about an individual under such age of majority in his or her province of residence, please contact us at support@vaperguru.ca. 

Changes to this Policy

We will post any changes we make to this Policy on this page. If we make material changes to how we treat our users’ personal information, we will notify you by e-mail to the e-mail address specified in your account and through a notice on our home page. You are responsible for ensuring we have an up-to-date, active, and deliverable e-mail address for you, and for periodically visiting our Site and this Policy to check for any changes.

 

Contact information and challenging compliance

We welcome your questions, comments, and requests regarding this Policy and our privacy practices. Please contact us at: 

support@vaperguru.ca 

PO Box 23., Winsloe, PE C1E 1Z2, CANADA.

We have procedures in place to receive and respond to complaints or inquiries about our handling of personal information, and our compliance with this Policy and with applicable privacy laws.

Last updated on May 11th, 2020. 

her waive any moral rights or other rights of authorship as a condition of submitting any User Submission. For greater certainty, we are and shall be under no obligation to pay compensation for, or to respond to, any User Submissions.

By submitting the User Submissions you declare and warrant that you own or have the necessary right(s) to submit the User Submissions, and to grant the license to the User Submissions herein to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns. You also represent and warrant that all User Submissions comply with these Terms and the Content Standards.

We are not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you or any other user of the Site. You understand and agree that you are fully responsible for any User Submissions you submit or contribute, and that you are fully responsible and legally liable, including to any third party, for such content and its accuracy. You further understand and agree that none of us, our parent, our subsidiaries, our affiliates (as applicable) and/or any of our or their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers or successors shall have any liability or responsibility in respect of same.

This Site may include content provided by third parties. All statements and/or opinions expressed in any such third-party content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect our opinion. Neither we nor any of our parent, subsidiaries, affiliates (as applicable), and/or our or their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers or successors have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.

Site Monitoring and Enforcement, Suspension & Termination

We reserve the right, without provision of notice to: (a) remove or refuse to post on the Site any User Submissions for any or no reason in our sole discretion; (b) at all times, take such actions with respect to any User Submission deemed necessary or appropriate in our sole discretion, including, without limitation, for violating the these Terms and/or the Content Standards; (c) take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Site, and, without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site; and (d) terminate or suspend your access to all or part of the Site for any or no reason, including, without limitation, any violation of these Terms.

YOU WAIVE, AND HOLD HARMLESS EACH OF US AND OUR PARENT, SUBSIDIARIES, AFFILIATES (AS APPLICABLE), AND OUR OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS AND SUCCESSORS, FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY US AND/OR ANY OF THE FOREGOING PARTIES RELATING TO ANY INVESTIGATIONS BY EITHER US AND/OR ANY OF THE FOREGOING PARTIES, OR BY LAW ENFORCEMENT AUTHORITIES.

We have no obligation, nor any responsibility to any party to monitor the Site or its use, and do not and cannot undertake to review material that you or other users submit to the Site. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content or comments provided by any user or third party, subject to applicable laws.

SECTION 13 – PRIVACY

Your submission of personal information through the Site is governed by our Privacy Policy.

SECTION 14 – ERRORS, INACCURACIES, & OMISSIONS

Occasionally there may be information on our Site that contains, without limitation, typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and/or availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any such information is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend, or clarify any such information (including pricing information), except as required by law. No specified update or currency date should be taken as to indicate that any such information has been modified or updated.

SECTION 15 – PROHIBITED USES

In addition to other prohibitions as set forth in these Terms, you are prohibited from attempting to circumvent and from violating the security of this Site, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching, or interfering with or circumventing, the security and/or authentication features or measures of the Site and/or the Internet; (c) restricting, disrupting or disabling service to users, hosts, servers or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting our ability to monitor the Site; (f) using any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material or code that is malicious or technologically harmful; (h) attacking the Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing or crashing; and/or (i) otherwise attempting to interfere with the proper working of the Site. We reserve the right to terminate your use of our Site for violating this Section or engaging in any other prohibited use.

SECTION 16 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

NEITHER WE NOR ANY OF OUR PARENT, SUBSIDIARIES, AFFILIATES (AS APPLICABLE) AND/OR OUR OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY OR AVAILABILITY OF THE SITE OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANY OF OUR PARENT, SUBSIDIARIES, AFFILIATES (AS APPLICABLE) AND/OR OUR OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS OR SUCCESSORS REPRESENT OR WARRANT THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE SITE AND YOUR COMPUTER, INTERNET AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

Limitation of Liability

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL WE NOR OUR ANY OF OUR PARENT, SUBSIDIARIES, AFFILIATES (AS APPLICABLE) AND/OR OUR OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE SITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY SITE CONTENT, MATERIALS, POSTING OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.

SECTION 17 – INDEMNIFICATION

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless each of us, our parent, subsidiaries, affiliates (as applicable), and our and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your breach of these Terms or your use of the Site, including, but not limited to, your User Submissions, third-party sites, any use of the Site’s content, services, and products other than as expressly authorized in these Terms.

SECTION 18 – SECURITY

The security of your personal information (as such term is defined in our Privacy Policy is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.

The safety and security of your information also depends on you. Users are responsible for obtaining their own access to the Site. Users are required to ensure that all persons who access the Site through a user’s Internet connection are aware of these Terms and comply with them. The Site, including content or areas of the Site, may require user registration for an account. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.

Your provision of registration information for an account, and any User Submissions you make to the Site through any functionality such as chat rooms and e-mail (including without limitation any communications with our customer service team), message boards (e.g. vapers.180smoke.com, personal or interest group web pages (e.g. vapecan.ca), user profiles, forums (e.g. vaping wiki) (collectively, “Interactive Functions”) constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy.

Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person or entity with access to this Site or portions of it (including through your account) using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access. Additionally, you may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy.

We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms.

SECTION 19 – SEVERABILITY

If any term or provision of these Terms is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.

SECTION 20 – ENTIRE AGREEMENT & WAIVER

No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. These Terms constitute the sole and entire agreement between you and us regarding the Site and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

SECTION 21 – GOVERNING LAW

The Site and these Terms shall be governed by and construed in accordance with the laws of the Province of Prince Edward Island and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle or rule, and notwithstanding your domicile, residence or physical location.

Any action or proceeding arising out of or relating to this Site and under these Terms will be instituted in the courts of the Province of Ontario and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

SECTION 22 – CONTACT INFORMATION

Questions or feedback about the Terms should be sent or addressed to us at support@vaperguru.ca.

In particular, should you become aware of misuse of the Site including libelous or defamatory conduct, you must report it to us at support@vaperguru.ca.

 

Last updated on May 11th, 2020.