Terms and Conditions
Last revision: May 15, 2019
The following Terms and Conditions govern and apply to your use of or reliance upon this website maintained by iaconicDesign Inc. dba Modena Smart Home (the “Website”).
Your access or use of the Website indicates that you have read, understand and agree to be bound by regulations. We may change these Terms and Conditions at any time without notice, effective upon its posting to the Website. Your continued use of the Website will be considered your acceptance to the revised Terms and Conditions.
1. INTELLECTUAL PROPERTY
All intellectual property on the Website (except for User Generated Content, as defined below) is owned by us or our licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names are owned, registered and/or licensed by us. All content on the Website (except for User Generated Content, as defined below), including but not limited to text, software, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content is a collective work under Canadian and other copyright laws and is the proprietary property of the Company; All rights reserved.
2. USE OF COMPANY MATERIALS
3. USER GENERATED CONTENT
“User Generated Content” is communications, materials, information, data, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content that you and/or other Website users post or otherwise make available on or through the Website, except to the extent the content is owned by us.
When you make a purchase on the Website, you agree to provide a valid instrument to make a payment. Pay attention to the details of the transaction, as your total price may include taxes, fees, and shipping costs, all of which you are responsible for. When you provide a payment instrument to us, you confirm that you are permitted to use that payment instrument. When you make a payment, you authorize us (and our designated payment processor) to charge the full amount to the payment instrument you designate for the transaction. You also authorize us to collect and store that funding instrument, along with other related transaction information. If you pay by credit or debit card, we may obtain a pre-approval from the issuer of the card for an amount as high as the full price. If you cancel a transaction before completion, this pre-approval may result in those funds not otherwise being immediately available to you. We may cancel any transaction if we believe the transaction violates these Terms, or if we believe doing so may prevent financial loss. In order to prevent financial loss to you or to us, we may contact your funding instrument issuer, law enforcement, or affected third parties (including other users) and share details of any payments you are associated with, if we believe doing so may prevent financial loss or a violation of law.
5. SALE OF GOODS AND SERVICES
We may sell goods or services or allow third parties to sell goods or services on the Website. We undertake to be as accurate as possible with all information regarding the goods and services, including product descriptions and images. However, we do not guarantee the accuracy or reliability of any product information and you acknowledge and agree that you purchase such products at your own risk.
6. SHIPPING, DELIVERY AND RETURN POLICY
You agree to ensure payment for any items you may purchase from us and you acknowledge and affirm that prices are subject to change. When purchasing a physical good, you agree to provide us with a valid email and shipping address, as well as valid billing information. We reserve the right to reject or cancel an order for any reason, including errors or omissions in the information you provide to us. If we do so after payment has been processed, We will issue a refund to you in the amount v of the purchase price. We also may request additional information from you prior to confirming a sale and we reserve the right to place any additional restrictions on the sale of any of our products. For the sale of physical products, we may reauthorize your credit or debit card at the time you place the order or we may simply charge your card upon shipment. You agree to monitor your method of payment. Shipment costs and dates are subject to change from the costs and dates you are quoted due to unforeseen circumstances. For any questions, concerns, or disputes, you agree to contact us in a timely manner at the following: One Innovation Place #200 – 2700 Production Way Burnaby, BC V5A 4X1 Canada
7. ACCEPTABLE USE
You agree not to use the Website for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website in any way that could damage the Website, the services or the general business of iaconicDesign Inc. dba Modena Smart Home. You further agree not to use and/or access the Website: a) To harass, abuse, or threaten others or otherwise violate any person’s legal rights; b) To violate any intellectual property rights of us or any third party; c) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another; d) To perpetrate any fraud; e) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme; f) To publish or distribute any obscene or defamatory material; g) To publish or distribute any material that incites violence, hate or discrimination towards any group; h) To unlawfully gather information about others.
8. PROTECTION OF PRIVACY
Through your use of the Website, you may provide us with certain information. By using the Website, you authorize us to use your information in Canada and any other country where we may operate. We may receive information from external applications you use to access our Website, or we may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others. We use the information gathered from you to ensure your continued good experience on our website. We may also track certain of the passive information received to improve our marketing and analytics, and for this, we may work with third-party providers, including other marketers. If you would like to disable our access to any passive information we receive from the use of various technologies, you may choose to disable cookies in your web browser.
9. REVERSE ENGINEERING & SECURITY
You may not undertake any of the following actions: a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website; b) Violate the security of the Website through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
You defend and indemnify iaconicDesign Inc. dba Modena Smart Home and any of its affiliates and hold us harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to your use or misuse of the Website, your breach of these Terms and Conditions, or your conduct or actions. We will select our own legal counsel and may participate in our own defence, if we wish to so.
11. SERVICE INTERRUPTIONS
We may need to interrupt your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that the we will have no liability for any damage or loss caused as a result of such downtime.
12. NO WARRANTIES
Your use of the Website is at your sole and exclusive risk and any services provided by us are on an “as is” basis. We disclaim any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchant ability. We make no warranties that the Website will meet your needs or that the Website will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. Any damage that may occur to you, through your computer system, or as a result of loss of your data from your use of the Website is your sole responsibility and we are not liable for any such damage or loss.
a) Collected personal data, processed personal data and data collection In accordance with the dispositions of article 5 of Regulation (EU) 2016/679, the collection and processing of your personal data are consistent with the following principles: Lawfulness, fairness and transparency: personal data may only be collected and processed with your consent. Every time personal data is collected you will be informed that personal data is collected and why is is collected; Limited purposes: personal data is collected and processed of data for achieving the objectives stated in these Terms and Conditions; Minimization of personal data collection and processing: only personal data necessary for achieving the objectives of the website is collected; Storage of personal data limited in time personal data are stored for a limited period, of which you are informed; Integrity and confidentiality of collected and processed personal data: the controller undertakes to guarantee the integrity and confidentiality of collected personal data. In order to be lawful in accordance with article 6 of the European Regulation 2016/679, collection and processing of personal data will respect at least of one the following: You have given your consent to the processing of your personal data; Processing is necessary for compliance with a legal obligation; Processing is necessary in order to protect the vital interests of the data subject or of another natural person; Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority; Processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party. Our Website collects the following personal data: – Name and surname – Email address – Mailing address – Location and demographic data This personal data is collected when you perform one the following actions: – When users sign up for our wait list, subscribe to our newsletter or contact us via email and explicitly share this information In addition, when you purchase a product on the Website, you will be informed that the seller will retain a proof of the transaction including the order form and the invoice. The collector will keep in its computer systems of the Website in reasonable security conditions all of the personal data collected for a period of: 5 years, unless you ask for the deletion of your personal data before the expiry of this period. If personal data is stored, you will be informed of the period during which you personal data will be kept, and if that period may not specified, we will inform you of the criteria used to determine it. Collection and data processing achieve the following purpose: –
Location and demographic data is used to understand where our users are located in order to serve relevant product information specific to their geography.
All other information is used for contacting users, at their request, to provide promotional offers, newsletters or products ordered on our website. Personal data may be transmitted to the following third parties:
Location and demographic data is transmitted to Google for the purposes of aggregating website usage data.
Personal data may be transmitted to Mail Chimp for the purposes of managing mailing lists and newsletter subscribers. b) Data Hosting The Website is hosted by:
In motion Hosting Inc, headquartered at the following address: 360 N. Pacific Coast Highway, Suite 1055, El Segundo, CA 90245 USA The host may be contacted at the following phone number: 1.888.321.HOST(4678) Personal data collected and processed by the Website are transferred to the following country(ies): Canada, USA. This transfer of personal data outside of the European Union is justified by the following reasons: Personal data is hosted in Canada because this is where our corporate headquarters is located and the USA because this is where our web hosting company, mailing list processor and Google Analytics data centers are located. c) Controller The controller is: Jean-Louis Iaconis d) Personal data of minors In accordance with the dispositions of article 8 of the European Regulation 2016/679, no minor under the age of 15 may consent to processing of their personal data. If you are a minor under the age of 15, the consent of a legal guardian is required for your personal data to be collected and processed. e) Rights and procedures for the implementation of your rights In accordance with the regulation regarding the processing of personal data, you have the rights listed below. In order for the controller to grant your request, you have to provide your full name, your email address. The controller shall answer you within thirty (30) days. I. Rights of access, right of rectification and right to erasure You may look up, update or modify you personal data, as well as request its deletion by following the procedure below:
The user must send an email to email@example.com requesting the deletion of their personal information.
II. Right to data portability You may request the portability of your personal data held by the Website and have those date transmitted to another website by following the procedure below: The user must send an email to firstname.lastname@example.org requesting the deletion of their personal information.
III. Right to restriction of processing and right to object You may request to restrict processing of your personal data and you may object to processing of your personal data and the Website may not deny such request without compelling legitimate grounds. f) Obligations of the controller The controller undertakes to protect collected personal data, to not transfer your personal data to third parties without informing you first and to respect the purposes for which personal data were collected. The Website uses an SSL certificate to guarantee that information transfers transiting through the Website are secured. In addition, the collector undertakes to notify you before the rectification or erasure of any of your personal date, unless this requires disproportionate efforts. In the event that the integrity and confidentiality of your personal data is compromised, the controller undertakes to inform you by any means.
14. LIMITATION ON LIABILITY
We are not liable for any damages that may occur to you as a result of your use of the Website, to the fullest extent permitted by law. The maximum liability of iaconicDesign Inc. dba Modena Smart Home arising from your use of the Website is limited to the greater of one hundred ($100) Canadian Dollars or the amount you paid to iaconicDesign Inc. dba Modena Smart Home in the last six (6) months. This applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.