Aruga Home Care Inc. Website Terms and Conditions of Use
These terms and conditions of use (“Terms”) are a legal agreement between Aruga Home Care Inc. (the “Company”, “us”, “we” or “our”) and you (“you” or “your”). These Terms, together with our Privacy Policy, govern our relationship with you with respect to your use of our website www.arugahomecare.ca and the features, tools materials or services available on the website (the “Website”).
By accessing the Website, you accept and agree to be bound and comply with these Terms and our Privacy Policy, found here LINK TO PRIVACY POLICY, and incorporated herein by reference.
IF YOU DO NOT AGREE TO THESE TERMS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE WEBSITE.
Ability to Accept Terms
You affirm that you have reached the age of majority in your jurisdiction of residence, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and to abide by and comply with these Terms. If you are accessing the Website on behalf of a corporation or other organization, you represent and warrant that you are authorized to access the Website and enter into these Terms on its behalf.
Changes and Amendments
We reserve the right to modify these Terms at any time and in our sole discretion, effective upon posting of an updated version of these Terms on the Website. When we do, we will revise the date at the bottom of this page. You agree to periodically review these Terms in order to be aware of any such modifications. Continued use of the Website after any such changes shall constitute your continued acceptance of these Terms. If you do not agree with these Terms at any time, you must not use the Website.
Access and Use
We hereby grant you permission to use the Website as set forth in these Terms, provided that: (a) you will not copy or distribute any part of the Website in any medium without our prior written authorization or as otherwise permitted by these Terms; (b) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (c) you will otherwise comply with these Terms.
You must not access or use any part of the Website for commercial purposes, except for the limited purpose of using the Website as an informational resource in connection with a business transaction or a potential business transaction between you or your organization and us.
In addition to the other terms set out in these Terms, you agree that you will not: (a) use the Website to collect or harvest any personal information, (b) distribute advertisements on the Website or solicit any users of the Website for commercial purposes; (c) upload or transmit any communications or content of any type on the Website that may infringe or violate any rights of any party; (d) use the Website for any purpose in violation of local, provincial, national or international laws or to solicit others to perform or participate in any unlawful acts; (e) use the Website to post or transmit material that is unlawful, discriminatory, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity; (f) submit false or misleading information to the Website; or (g) disable, "hack" or otherwise interfere with the proper functioning or security features of the Website.
The foregoing is merely a list of examples of prohibited conduct. We reserve the right to take appropriate actions in our sole discretion in response to any inappropriate conduct, or for no reason at all, including the right to terminate your use of the Website for violating these Terms.
No Reliance
Although we make reasonable efforts to update the information on our Website, we make no representations, warranties, or guarantees, whether express or implied, that the content on our Website is accurate, complete, or up to date. Your use of the Website is at your own risk and neither the Company nor its parent, subsidiaries, affiliates, nor their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors, have any responsibility or liability whatsoever for your use of the Website.
Geographic Restrictions
This Website is not intended for use in any jurisdiction where its use is not permitted. We make no representation that content provided on our Website is applicable or appropriate for use in locations outside of Canada. If you access the Website from outside Canada, you do so at your own risk and you are responsible for compliance with the local laws of your jurisdiction.
Third Party Services
If you enable, access or use third party services available on the Website, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against the Company with respect to such other services. The Company is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services.
Links to Other Websites
Although the Website may link to other websites, including social media websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the conditions of use, privacy policies and other legal documents of any website which you access through a link from the Website. Your linking to any other off-site websites is at your own risk.
Our Intellectual Property
You understand and agree that the Website and its entire contents, features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, text, presentation, website layout, selection, and arrangement, are owned by the Company, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.
Our name, logo, and all related names, logos, product and service names, designs, images, and slogans are trademarks of the Company or its affiliates or licensors. All of our trademarks are protected by Canadian law. All other trademarks, service marks, company names or company logos, as used or referenced in the Website, are the property of their respective owners.
Subject to and conditioned on your compliance with these Terms, we grant you a limited, non‑exclusive, non‑transferable, non‑sublicensable license to access and make personal, non-commercial use of the Website or its contents in accordance with these Terms. You are authorized to view, download and print portions of the Website solely for your personal or your organizations’ internal and non-commercial use or as we otherwise permit, provided that you agree not to change or delete any copyright, trademark or proprietary notices from the materials. Your computer and browser may also temporarily store or cache copies of materials being accessed and viewed. Any other use of materials on the Website, including: (a) reproduction, except as authorized herein; (b) modifications; (c) distributions; (d) republication; (e) transmission; (f) re-transmissions; or (g) public showing, without our prior written permission, is strictly prohibited. The licenses granted by us terminate immediately and without notice to you if you do not comply with these Terms.
You have no right, title, or interest in or to the Website or to any content on the Website, and all rights not expressly granted are reserved by the Company. Any use of the Website or any intellectual property referenced in this section, except as permitted in these Terms or otherwise expressly authorized by the property owner, shall constitute a breach of these Terms and an infringement or violation of the rights of the property owner, and may be a violation of federal or other laws.
Privacy
By using our Website, you consent to the collection, use, reproduction, hosting, storage, transmission, and disclosure of your personal information in compliance with our Privacy Policy, found at LINK TO PRIVACY POLICY.
Disclaimer of Warranty
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, OR ANY MATERIAL, PRODUCTS OR SERVICES AVAILABLE THROUGH THE WEBSITE, IS AT YOUR OWN RISK. THE COMPANY AND ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, SUCCESSORS, AND ASSIGNS DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ACCURATE, SECURE, PROBLEM-FREE, OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR THAT THE SERVER FROM WHICH THE WEBSITE IS OPERATED IS OR WILL BE FREE FROM VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THE CONTENT AND FUNCTION OF THE WEBSITE ARE PROVIDED TO YOU “AS IS”, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OR USE.
Limitation of Liability
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES 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, OR DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING OUT OF OR IN CONNECTION WITH ANY BREACH OF THESE TERMS; YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE; ANY LINKED WEBSITES; ANY TRANSACTION CONDUCTED IN CONNECTION WITH THE WEBSITE; OR ANY CONTENT, MATERIALS, POSTING, OR INFORMATION ON THE WEBSITE; REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE COMPANY AND ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS RELATING TO THE WEBSITE WILL BE LIMITED TO ONE HUNDRED CANADIAN DOLLARS ($100.00). THESE LIMITATIONS AND EXCLUSIONS ALSO APPLY IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE.
Indemnity
To the maximum extent permissible by law, you agree to defend, indemnify, and hold harmless the Company and its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees, including reasonable legal fees and costs arising out of or relating to your breach of these Terms or your use or misuse of the Website, including, but not limited to, third-party sites, and any use of the Website other than as expressly authorized in these Terms.
Governing Law
The formation, interpretation, and performance of these Terms and any disputes arising out of these Terms shall be governed by the substantive and procedural laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to rules on conflicts or choice of law. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Calgary, Alberta, Canada, and you hereby submit to the personal jurisdiction of such courts.
Severability
Should any provision or part of any provision of these Terms be deemed invalid by any court, that provision, or portion of the provision, shall be severed and the remaining provisions shall remain intact with the necessary amendments.
Waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and the failure by us to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Contacting Us
If you would like to contact us to understand more about these Terms or wish to contact us concerning any matter relating to the Website, you may send an email to info@arugahomecare.ca.
This document was last updated on March 3, 2025.