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Terms of Use

This page provides you information about Ventus Respiratory Technologies Inc., an Ontario corporation (“Ventus”, “we”, “our” and/or “us”), and the terms and conditions of use (the "Terms") on which we sell products ("Products") through our website ("our site") to you. These Terms will apply to your use of the site and any contract between us for the sale of Products to you ("Contract"). Before using our site, please read these Terms carefully and make sure that you understand them. 

Please note that before placing an order or making a payment you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site or make any payments related thereto.

You should view, read and print a copy of these Terms or save them to your computer for future reference. We may amend these Terms from time to time as set out below. Every time you wish to order Products or use our site, please check these Terms to ensure you understand the terms which will apply at that time.

Please review our Privacy Policy, which also governs your visit to our site to understand our practices concerning the collection and use of information. 

INFORMATION ABOUT US

  1. We are Ventus Respiratory Technologies Inc., a company registered in Ontario and with our registered office at 5 Michael Street, Kitchener, Ontario, Canada, N2G 1L7
  2. Contacting us
  • If you wish to contact us for any other reason, including because you have a complaint, please do so by e-mailing us at support@ventusrt.com.  
    • If we have to contact you or give you notice in writing, we will do so by e-mail or by post to the address you provide to us in your order.
  1. Please read these Terms of Use carefully before you start to use this website. By using our site, you indicate that you accept these Terms of Use and that you accept and agree to abide by them. If you do not agree to the Terms of Use, please immediately cease all usage of this site.
  2. We do not guarantee that our site or any content on it will always be available or be uninterrupted. Access to our site is permitted on a temporary basis, and we reserve the right to withdraw, discontinue or change all or any part of the site without notice. We will not be liable to you if for any reason all or any of our sites are unavailable at any time or for any period.
  3. You are responsible for making all the necessary arrangements for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these Terms, and that they comply with them.
  4. We may revise these Terms at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you. 
  5. We may update our site from time to time and may change the content at any time.
  6. Access to certain areas of our site is restricted. We reserve the right to restrict access to other areas of our site, or indeed the whole site, at our discretion.
  7. The use of our sites by a minor (an individual under the age of majority in the relevant jurisdiction) is subject to the consent of their parent or guardian and our contract is with the parent or guardian, who is responsible for the minor's compliance. We advise parents or guardians who permit minors to use the site that it is important that they communicate with minors about their safety online, as moderation or vetting of advertisements is not guaranteed or fool-proof. Minors who are using any interactive service should be made aware of the potential risks to them.
  8. You must not use our site in any way that causes, or may cause, damage to the site or impairment of the availability or accessibility of the site; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity including but not limited to using our site to copy, store, host, transmit, send, use, publish or distribute any material; gaining unauthorized access to our site; collecting data from our site; sending unsolicited commercial communications via our site; and/or without limitation performing any act that is inconsistent with the purpose of this site: to take in and fulfil consumer orders.
  9. Where necessary we will report any breach of these Terms to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity and/or your personal information to them. In the event of such a breach, your right to use our site will cease immediately.
  10. We reserve all rights, title, and interests in our and our affiliates' intellectual property rights including without limitation, any patents, trademarks, service marks, copyright, database rights, design rights, know-how, confidential information and any other similar protected rights in any country.

WHAT YOU AUTHORIZE US TO DO

  1. We may at any time require you to provide any financial, business, or personal information we request to verify your identity. You will not impersonate any person or use a name which you are not legally authorized to use. You authorize us to verify your information (including any updated information) and to obtain an initial credit authorization from your credit card issuer.

PRODUCT WARRANTIES AND OUR LIABILITY

  1. THE INFORMATION AND MATERIALS PROVIDED ON THIS WEBSITE ARE PROVIDED "AS IS."  SPECIFICALLY, BUT WITHOUT LIMITATION, WE DO NOT REPRESENT, WARRANT OR OFFER ANY CONDITIONS THAT: (I) THE INFORMATION OR MATERIALS ON THIS WEBSITE ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE FUNCTIONS CONTAINED ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (III) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  COMPANY SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.  ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL.  COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND COMPANY SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY.
  1. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with
  • use of, or inability to use, our site; or
  • use of or reliance on any content displayed on our site.
  • We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of our sites or to your downloading of any content on it, or on any website linked to it.
  • We assume no responsibility for the content of websites linked on our sites. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

EVENTS OUTSIDE OUR CONTROL

  1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in section 9.2.

An "Event Outside Our Control" means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence epidemic or other natural disaster, or failure of public or private telecommunications networks, backorder situations or delays caused by the retailer or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

  1. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
  2. we will contact you as soon as reasonably possible to notify you; and
  3. our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
  4. you may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days from the date of order. To cancel please contact us. If you opt to cancel, you will have to return any relevant Products you have already received, and we will refund the price you have paid, including any delivery charges (where applicable).

INDEMNITY

  1. You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these Terms, or arising out of any claim that you have breached any provision of these Terms.

BREACHES OF THESE TERMS OF USE

Without prejudice to our other rights under these Terms, if you breach these Terms in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to our site, prohibiting you from accessing our site, blocking computers using your IP address from accessing our site, contacting your internet service provider to request that they block your access to our site and/or bringing court proceedings against you. 

OTHER IMPORTANT TERMS

  1. We may transfer our rights and obligations under a Contract to another organization, but this will not affect your rights or our obligations under these Terms.
  2. This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
  3. We only use your personal information in accordance with our Privacy Statement. Please take the time to read our Privacy Statement carefully, as it includes important terms which apply to you. The retailer may also use your personal information, in accordance with their own separate Privacy Policy which can be found on their website.
  4. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
  5. Nothing expressed or mentioned in or implied from these Terms is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to these Terms. These Terms and all of the representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of us, our affiliates and you.
  6. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.
  7. Please note that these Terms are governed by the law of the Province of Ontario. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by Ontario law. You and we both agree that the courts of Ontario will have non- exclusive jurisdiction.
  • Ventus may, under certain circumstances and without prior notice, immediately terminate Your ability to access the Website or portions thereof. Cause for such termination shall include, but not be limited to breaches or violations of these Terms of Use, discontinuance or material modification to the Website (or any part thereof), unexpected technical, security or legal issues or problems. 
  • You acknowledge and agree that all terminations may be made by Ventus in its sole discretion and that Ventus shall not be liable to You or any third-party for any termination of Your access to this Website or for the removal of any of the materials uploaded by You to the Website.  Any termination of these terms of use by Ventus shall be in addition to any and all other rights and remedies that Ventus may have.
  • If any part of these terms of use is unlawful, void, or unenforceable, that part shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.  The failure of Ventus to exercise or enforce any right or provision under these terms of use shall not constitute a waiver of such right or provision.  Any waiver of any right or provision by Ventus must be in writing and shall only apply to the specific instance identified in such writing.  No waiver by Ventus of any provision of these terms of use shall be deemed to be a further or continuing waiver of such provision or any other provision.  You agree that any cause of action that You may have arising out of or related to this Website or Your use of this Website must commence within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.

    COPYRIGHT AND TRADEMARK INFORMATION 

      1. This Website, and the information and materials that it contains, are the property of Ventus and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, international conventions, and other intellectual property laws.  All Ventus product names and logos are trademarks or registered trademarks of Ventus. All other company and product names and logos are trademarks or registered trademarks of their respective owners in certain countries.  Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this website or any materials displayed on this website, through the use of framing or otherwise, except: (a) as expressly permitted by these terms and conditions; or (b) with the prior written permission of Ventus.  You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website.

      This website is Copyright © 2021 Ventus.  All rights reserved.

      ASSIGNMENT 

      1. You may not assign the terms of use, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without Ventus’s prior written consent. Ventus may assign the terms of use, or any rights or licenses granted hereunder, at any time without notice.

      SURVIVAL

      1. All representations, warranties and conditions made by You in these terms of use shall survive the termination of these terms of use.  Unless otherwise explicitly identified as terminating elsewhere in these terms of use, all licenses granted by You in these terms of use shall survive their termination.  All payment obligations incurred by You prior to the termination of these terms of use shall survive their termination.

      ENTIRE AGREEMENT  

        1. These terms of use, together with any Privacy Policy or Terms of Sale that may be published on the website, constitutes the entire agreement between the parties relating to the website and all related activities.  These terms of use shall not be modified except in writing signed by both parties or by a new posting of these terms of use issued by Ventus.