Website Terms of Service

Terms of Service

By accessing and using the Seaformatics website (the “Site”) or the other services we provide, you agree to each of the terms and conditions set forth herein (each a “Term” and collectively, the "Terms of Service").  We reserve the right to amend these Terms of Service at any time and without notice.  These Terms of Service will be accessible on the Site at all times and the User undertakes an obligation to observe and follow these Terms of Service, including any changes that may occur from time to time.  Any changes to these Terms of Service become effective from the date of modification and any subsequent use of the Services constitutes acceptance of the revised Terms of Service.  We reserve the right to block the User’s access at any time for any reason, including but not limited to violations of these Terms of Service.  Please also carefully read our Privacy Policy which is hereby incorporated into these Terms of Service by reference.

Definitions

Seaformatics (variously, “we”, “us” or “our”): refers to Seaformatics Systems Inc.

Services: means the services provided by Seaformatics including, but not limited to, use of the Site.

Site: means the Seaformatics website hosted at https://www.waterlilyturbine.com/.

User (variously, “you” or “your”): an individual who accesses and uses the Services.

User Conduct and Responsibility

Users pledge that they will not participate in any form of action or conduct that may have a disruptive, destructive or negative impact on the Site, Services or Users.  This includes but is not limited to:

  • illegal activity;
  • uploading, posting or sharing of material that is obscene, offensive, or discriminatory;
  • threatening, abusive, obscene or harassing behaviour;
  • invasions of privacy;
  • distribution of software viruses;
  • any interference with the proper operation of the Site;
  • tampering with the software code for the Site;
  • bypassing of any security measures put in place by Seaformatics, including but not limited to password protections.

Intellectual Property

The Services are legally protected in various ways, including copyrights, trademarks, service marks, patents, trade secrets, and other rights and laws. By using the Services, you agree to respect all copyright and other legal notices, information, and restrictions contained in any of the content that we provide through the Site.  You also agree not to change, translate, or otherwise create derivative works of the Services or any of the content found thereon including, but not limited to, Seaformatics trademarks, logos, and copyrighted material. 

We do not grant you a right or license to reproduce content from the Site for any reason. 

 Indemnification

You agree to indemnify and hold Seaformatics and its subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post, transmit or otherwise seek to make available through the Site, your use of the Services, your connection to the Site, your violation of these Terms of Service, or your violation of any rights of another person or entity.

Warranty Disclaimer

The User agrees that they use the Services solely at their own risk.  The Services are provided “as is” and “as available” and without warranty of any kind, express or implied.  SEAFORMATICS SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM SEAFORMATICS SHALL CREATE ANY WARRANTY.

Limitation of Liability

To the fullest extent permitted by law, in no event will Seaformatics, its directors, employees, partners, suppliers, or content providers be liable for any indirect, incidental, punitive, consequential, special, or exemplary damages of any kind, including but not limited to damages: (i) resulting from your access to, reliance on, use of, or inability to access or use the Services; (ii) for any lost profits, data loss, or cost of procurement or substitute goods or services; or (iii) for any conduct or content of any third party on the Site. In no event shall Seaformatics liability for direct damages be in excess of (in the aggregate) one hundred Canadian dollars ($100).

Third Party Website and Interaction

By accessing third party websites or applications through our Site, you are consenting to the terms of service and privacy policies of those websites.  We do not accept any responsibility or liability for their policies. You should read the terms of service and privacy policies of such websites, and make an informed decision whether or not to use these websites based upon their practices and your discretion.

Dispute Resolution and Governing Law

These Terms of Service (and all other rules, policies, or guidelines incorporated by reference) are governed by and construed in accordance with the laws of the Province of Newfoundland and Labrador and the federal laws of Canada as applicable therein, without giving effect to any common law or statutory principles of conflicts of law.  You expressly agree that any action arising out of or relating to your use of the Services shall be filed in a court in the Province of Newfoundland and Labrador and that you attorn to the jurisdiction of that court.

Contact Us

If you have any questions, concerns or suggestions regarding these Terms of Service, please contact us at:

Attention:    Andrew Cook
Email:         acook@seaformatics.ca 

These Terms of Service last updated on February 28, 2018.

 

Smart Outdoor Watch Giveaway


NO PURCHASE NECESSARY: To request a No Purchase Contest Card, while supplies last, on a plain piece of paper, print your name, address with your signature along with a self-addressed postage-paid envelope to: Seaformatics Systems Inc.- “Casio Giveaway”, 100 Signal Hill Road, St. John’s, NL, Canada, A1A 1B3. Requests must be received in time so that a contest card can be mailed to you in time to participate before the Contest Close Date (August 31, 2019 at 11:59 PM PST). Only one No Purchase Entry request per envelope, with sufficient postage, will be accepted. While supplies last.

  1. Eligibility: Sweepstakes (the “Sweepstakes”) is open only to those who sign up at the online sweepstakes page and who are above the age of 18 as of the date of entry. The Sweepstakes is only open to legal residents of  Canada and the United States and is void where prohibited by law. Employees of Seaformatics Systems Inc. (the “Sponsor”), their respective affiliates, subsidiaries, advertising and promotion agencies, suppliers, and their immediate family members and/or those living in the same household of each are not eligible to participate in the Sweepstakes. The Sweepstakes is subject to all applicable federal, state and local laws and regulations. Void where prohibited.



  1. Agreement to Rules: By participating, you agree to be fully and unconditionally bound by these Rules, and you represent and warrant that you meet the eligibility requirements set forth herein. In addition, you agree to accept the decisions of Seaformatics Systems Inc. as final and binding as it relates to the contest. The Sweepstakes is subject to all applicable federal, state and local laws.

 

  1. Sweepstakes Period: Entries will be accepted online starting on or about the 6th of August, 2019 and ending on the 1st of September, 2019. All online entries must be received by the 31st August, 2019 11:59 PM PST.

 

  1. How to Enter: The Sweepstakes must be entered by placing an order containing at least 1 WaterLily Turbine on the Seaformatics webpage or Amazon page. The entry must fulfill all sweepstakes requirements, as specified, to be eligible to win a prize. Entries that are not complete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Seaformatics Systems Inc. You may enter only once and you must fill in the information requested. You may not enter more times than indicated by using multiple email addresses, identities or devices in an attempt to circumvent the rules. If you use fraudulent methods or otherwise attempt to circumvent the rules, your submission may be removed from eligibility at the sole discretion of Seaformatics Systems Inc.

 

 

  1. Prizes: Winner will receive One [1] Casio WSD F30 Smart Outdoor Watch. Actual/appraised value may differ at time of prize award. The specifics of the prize shall be solely determined by the Sponsor. No cash or other prize substitution may be permitted, except at the Sponsor's sole discretion. The prize is non-transferable. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes shall be the sole responsibility of the winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by winners is permitted. Acceptance of the prize constitutes permission for Seaformatics Systems Inc. to use the winner's name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.

 

  1. Odds: The odds of winning will depend on the number of eligible entries received. 

 

  1. Winner selection and notification: The winner of the Sweepstakes will be selected in a random drawing under the supervision of the Sponsor. The winner will be notified via email to the email address the entrant used to enter the Sweepstakes within five (5) days following the selection of the winner and will be required to correctly answer a skill testing question. Seaformatics Systems Inc. shall have no liability for a winner's failure to receive notices due to the winner’s spam, junk email or other security settings or for winners' provision of incorrect or otherwise non-functioning contact information. If the selected winner cannot be contacted, is ineligible, fails to claim the prize within 7 days from the time award notification was sent, fails to correctly answer the required skill testing question, or fails to return a completed and executed declaration and releases (as required) in a timely manner, the prize may be forfeited and an alternate winner may be selected.

 

The receipt by winner of the prize offered in this Sweepstakes is conditioned upon compliance with any and all federal and state laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER (AT SPONSOR'S SOLE DISCRETION) WILL RESULT IN SUCH WINNER'S DISQUALIFICATION AS WINNER OF THE SWEEPSTAKES AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.

 

  1. Rights Granted by you: By entering this contest you understand that Seaformatics Systems Inc., anyone acting on behalf of Seaformatics Systems Inc. or its respective licensees, successors and assigns will have the right, where permitted by law, without any further notice, review or consent, to print, publish, broadcast, distribute, and use, worldwide in any media now known or hereafter in perpetuity and throughout the world, your entry, including, without limitation, the entry and winner's name, portrait, picture, voice, likeness, image or statements about the Sweepstakes, and biographical information as news, publicity or information and for trade, advertising, public relations and promotional purposes without any further compensation.

 

  1. Terms: Seaformatics Systems Inc. reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes should (in its sole discretion) a virus, bug, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Sweepstakes. Seaformatics Systems Inc. reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Sweepstakes or website or violates these Terms & Conditions. 

 

Seaformatics Systems Inc. has the right, in its sole discretion, to maintain the integrity of the Sweepstakes, to void entries for any reason, including, but not limited to; multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by sweepstakes rules; or the use of bots, macros or scripts or other technical means for entering.

 

Any attempt by an entrant to deliberately damage any web site or undermine the legitimate operation of the sweepstakes may be a violation of criminal and civil laws and should such an attempt be made, Seaformatics Systems Inc. reserves the right to seek damages from any such person to the fullest extent permitted by law.

 

By entering the Sweepstakes you agree to receive email newsletters periodically from Seaformatics Systems Inc. You can opt-out of receiving this communication at any time by clicking the unsubscribe link in the newsletter.

 

  1. Limitation of Liability: By entering you agree to release and hold harmless Seaformatics Systems Inc. and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from (i) such entrant's participation in the sweepstakes and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof, (ii) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (iii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error which may occur in the administration of the Promotion or the processing of entries.

 

  1. Disputes: THIS SWEEPSTAKES IS GOVERNED BY THE LAWS OF Canada AND Newfoundland and Labrador, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Sweepstakes, participants agree that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Sweepstakes, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Newfoundland and Labrador and under Newfoundland and Labrador’s jurisdiction. Further, in any such dispute, under no circumstances will participants be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys' fees, other than participant's actual out-of-pocket expenses (i.e. costs associated with entering this Sweepstakes), and participant further waives all rights to have damages multiplied or increased.

 

  1. Privacy Policy:  Information submitted with an entry is subject to the Privacy Policy stated on the Seaformatics Systems Inc. web site. To read the Privacy Policy, click here.