Terms of Service
OVERVIEW
This website is operated by Fume Labs. Throughout the site, the terms “we”, “us” and “our”
refer to Fume Labs. Fume Labs offers this website, including all information, tools, and services
available from this site to you, the user, conditioned upon your acceptance of all terms,
conditions, policies, and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and
agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”),
including those additional terms and conditions and policies referenced herein and/or available
by hyperlink. These Terms of Service apply to all users of the site, including without limitation
users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing
or using any part of the site, you agree to be bound by these Terms of Service. If you do not
agree to all the terms and conditions of this agreement, then you may not access the website or
use any services. If these Terms of Service are considered an offer, acceptance is expressly
limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the
Terms of Service. You can review the most current version of the Terms of Service at any time
on this page. We reserve the right to update, change or replace any part of these Terms of
Service by posting updates and/or changes to our website. It is your responsibility to check this
page periodically for changes. Your continued use of or access to the website following the
posting of any changes constitutes acceptance of those changes.
Online store terms
By agreeing to these Terms of Service, you represent that you are at least the age of majority in
your state or province of residence, or that you are the age of majority in your state or province
of residence and you have given us your consent to allow any of your minor dependents to use
this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use
of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your
Services.
General conditions
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred
unencrypted and involve (a) transmissions over various networks; and (b) changes to conform
and adapt to technical requirements of connecting networks or devices. Credit card information
is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service,
use of the Service, or access to the Service or any contact on the website through which the
service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or
otherwise affect these Terms.
Accuracy, completeness and timeliness of information
We are not responsible if information made available on this site is not accurate, complete or
current. The material on this site is provided for general information only and should not be
relied upon or used as the sole basis for making decisions without consulting primary, more
accurate, more complete or more timely sources of information. Any reliance on the material
on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not
current and is provided for your reference only. We reserve the right to modify the contents of
this site at any time, but we have no obligation to update any information on our site. You
agree that it is your responsibility to monitor changes to our site.
Modifications to the service and prices
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content
thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change,
suspension or discontinuance of the Service.
Products or services (if applicable)
Certain products or services may be available exclusively online through the website. These
products or services may have limited quantities and are subject to return or exchange only
according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our
products that appear at the store. We cannot guarantee that your computer monitor’s display
of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any
person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
We reserve the right to limit the quantities of any products or services that we offer. All
descriptions of products or product pricing are subject to change at anytime without notice, at
the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer
for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material
purchased or obtained by you will meet your expectations, or that any errors in the Service will
be corrected.
Accuracy of billing and account information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit
or cancel quantities purchased per person, per household or per order. These restrictions may
include orders placed by or under the same customer account, the same credit card, and/or
orders that use the same billing and/or shipping address. In the event that we make a change to
or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing
address/phone number provided at the time the order was made. We reserve the right to limit
or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or
distributors.
You agree to provide current, complete and accurate purchase and account information for all
purchases made at our store. You agree to promptly update your account and other
information, including your email address and credit card numbers and expiration dates, so that
we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
Optional tools
We may provide you with access to third-party tools over which we neither monitor nor have
any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available”
without any warranties, representations or conditions of any kind and without any
endorsement. We shall have no liability whatsoever arising from or relating to your use of
optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and
discretion and you should ensure that you are familiar with and approve of the terms on which
tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including,
the release of new tools and resources). Such new features and/or services shall also be subject
to these Terms of Service.
Third-party links
Certain content, products and services available via our Service may include materials from
third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with
us. We are not responsible for examining or evaluating the content or accuracy and we do not
warrant and will not have any liability or responsibility for any third-party materials or websites,
or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services,
resources, content, or any other transactions made in connection with any third-party websites.
Please review carefully the third-party’s policies and practices and make sure you understand
them before you engage in any transaction. Complaints, claims, concerns, or questions
regarding third-party products should be directed to the third-party.
User comments, feedback and other submissions
If, at our request, you send certain specific submissions (for example contest entries) or without
a request from us you send creative ideas, suggestions, proposals, plans, or other materials,
whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that
we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise
use in any medium any comments that you forward to us. We are and shall be under no
obligation (1) to maintain any comments in confidence; (2) to pay compensation for any
comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our
sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic,
obscene or otherwise objectionable or violates any party’s intellectual property or these Terms
of Service.
You agree that your comments will not violate any right of any third-party, including copyright,
trademark, privacy, personality or other personal or proprietary right. You further agree that
your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or
contain any computer virus or other malware that could in any way affect the operation of the
Service or any related website. 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 take no
responsibility and assume no liability for any comments posted by you or any third-party.
Personal information
Your submission of personal information through the store is governed by our Privacy Policy. To
view our Privacy Policy.
Errors, inaccuracies and omissions
Occasionally there may be information on our site or in the Service that contains typographical
errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions,
offers, product shipping charges, transit times and availability. We reserve the right to correct
any errors, inaccuracies or omissions, and to change or update information or cancel orders if
any information in the Service or on any related website is inaccurate at any time without prior
notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any
related website, including without limitation, pricing information, except as required by law. No
specified update or refresh date applied in the Service or on any related website, should be
taken to indicate that all information in the Service or on any related website has been
modified or updated.
Prohibited uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from
using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or
participate in any unlawful acts; (c) to violate any international, federal, provincial or state
regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual
property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm,
defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation,
religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading
information; (g) to upload or transmit viruses or any other type of malicious code that will or
may be used in any way that will affect the functionality or operation of the Service or of any
related website, other websites, or the Internet; (h) to collect or track the personal information
of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or
immoral purpose; or (k) to interfere with or circumvent the security features of the Service or
any related website, other websites, or the Internet. We reserve the right to terminate your use
of the Service or any related website for violating any of the prohibited uses.
Disclaimer of warranties; Limitation of liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted,
timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be
accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or
cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The
service and all products and services delivered to you through the service are (except as
expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any
representation, warranties or conditions of any kind, either express or implied, including all
implied warranties or conditions of merchantability, merchantable quality, fitness for a
particular purpose, durability, title, and non-infringement.
In no case shall Fume Labs, our directors, officers, employees, affiliates, agents, contractors,
interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any
direct, indirect, incidental, punitive, special, or consequential damages of any kind, including,
without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any
similar damages, whether based in contract, tort (including negligence), strict liability or
otherwise, arising from your use of any of the service or any products procured using the
service, or for any other claim related in any way to your use of the service or any product,
including, but not limited to, any errors or omissions in any content, or any loss or damage of
any kind incurred as a result of the use of the service or any content (or product) posted,
transmitted, or otherwise made available via the service, even if advised of their possibility.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for
consequential or incidental damages, in such states or jurisdictions, our liability shall be limited
to the maximum extent permitted by law.
Indemnification
You agree to indemnify, defend and hold harmless Fume Labs and our parent, subsidiaries,
affiliates, partners, officers, directors, agents, contractors, licensors, service providers,
subcontractors, suppliers, interns and employees, harmless from any claim or demand,
including reasonable attorneys’ fees, made by any third-party due to or arising out of your
breach of these Terms of Service or the documents they incorporate by reference, or your
violation of any law or the rights of a third-party.
Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or
unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted
by applicable law, and the unenforceable portion shall be deemed to be severed from these
Terms of Service, such determination shall not affect the validity and enforceability of any other
remaining provisions.
Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive
the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may
terminate these Terms of Service at any time by notifying us that you no longer wish to use our
Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or
provision of these Terms of Service, we also may terminate this agreement at any time without
notice and you will remain liable for all amounts due up to and including the date of
termination; and/or accordingly may deny you access to our Services (or any part thereof).
Entire agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not
constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect
to The Service constitutes the entire agreement and understanding between you and us and
govern your use of the Service, superseding any prior or contemporaneous agreements,
communications and proposals, whether oral or written, between you and us (including, but
not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against
the drafting party.
Governing law
These Terms of Service and any separate agreements whereby we provide you Services shall be
governed by and construed in accordance with the laws of Canada.
Changes to terms of service
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these
Terms of Service by posting updates and changes to our website. It is your responsibility to
check our website periodically for changes. Your continued use of or access to our website or
the Service following the posting of any changes to these Terms of Service constitutes
acceptance of those changes.
Contact Information
Questions about the Terms of Service should be sent to us at info@fumelabs.com
FUME LABS PRIVACY POLICY
Effective Date: June 25 2020
Fume Labs and its subsidiaries and affiliates (“Fume Labs”, “we”, “us”, “our”) are committed to
the protection of your personal information. This Privacy Policy (“Policy”) describes our policies
and practices with respect to the collection, use and disclosure of personally identifiable
information about you (“Personal Information”) and other information we gather in connection
with your use of the websites (the “Sites”), social media accounts, services, products,
promotions, email, applications, and software applications owned, managed or provided to you
by us or on behalf of us by third parties (“Services”).
Our Policy has been designed to comply with Canada’s Personal Information Protection and
Electronic Documents Act and other applicable federal and provincial privacy laws relating to
the protection of personal information (collectively, “Privacy Legislation”). By using the Services
or otherwise providing us with Personal Information, you are consenting to our collection, use
and disclosure of your Personal Information and other information we gather in accordance
with this Policy.
1. Information we collect
In the course of our business, we may collect Personal Information from our current or
prospective customers and suppliers, including general information and contact details like
name, surname, telephone number, e-mail and mailing address; demographic data such as
date of birth or gender; feedback on our services and products; CCTV photos or videos of
you recorded within our facilities; content you upload to our social media pages, and
information you have made public and have freely given away on third party-party social
networks.
When you use our Sites and social media accounts, we automatically collect certain
information about your device, including information about your web browser, IP address,
time zone, and some of the cookies that are installed on your device. Additionally, we
collect information about the individual web pages or products that you view, what
websites or search terms referred you to us, and information about how you interact with
us. We refer to this automatically-collected information as “Device Information.”
We collect Device Information using the following technologies:
• “Cookies” are data files that are placed on your device or computer and often
include an anonymous unique identifier. For more information about cookies, and
how to disable cookies, visit http://www.allaboutcookies.org.
• “Log files” track actions occurring on the Sites, and collect data including your IP
address, browser type, Internet service provider, referring/exit pages, and date/time
stamps.
• “Web beacons,” “tags,” and “pixels” are electronic files used to record information
about how you browse the Site.
You may adjust your browser settings to reject digital markers, including cookies if you so
choose. If you wish to view the cookies which reside in your computer or change your
browser settings to reject all cookies or ask for your approval before accepting them, use
the preferences settings in your browser. Your acceptance of our cookies will not
compromise your anonymity while using the Sites. If you do decide to disable our cookies,
you may not be able to take full advantage of certain features available on our Sites.
2. How do we use your personal information?
We use your Personal Information that we collect for our reasonable business purposes,
including:
• to communicate with you;
• to provide you with newsletters, information, promotional offers and other advertising
about our products and services;
• to develop, improve, market and provide our products and services to customers;
• to conduct research and development, analyze and understand trends and user
behaviour and to improve our Services;
• to prevent misuse of our Services, including by using CCTV for such purposes;
• to ensure compliance with applicable contractual, legal and regulatory requirements;
and
• any other purpose to which you consent in the future or as permitted or required by
law.
3. Sharing your personal information
We will not disclose your Personal Information to any non-affiliated third party without your
prior consent, other than as provided below.
We may disclose certain Personal Information to non-affiliated third party service providers
located in Canada and the United States to help us administer certain activities, such as
sending emails and postal mail, providing advertisements, tracking effectiveness of our
marketing campaigns and analysing usage of our Sites. We only share your information with
third parties for completion of the above uses. We do not authorize third parties to use or
disclose personal information for their own marketing or any other purposes.
Some of your information will be stored in, processed in and subject to the laws of the
United States, which may not provide the same level of protection for your information as
Canada, and may be available to the United States government or its agencies under a
lawful order made in the United States. By using our Sites, you consent to such transfer to,
storage in and processing within the United States.
Finally, we may also share your Personal Information to comply with applicable laws and
regulations, to respond to a subpoena, search warrant or other lawful request for
information we receive, or to otherwise protect our rights.
If Fume Labs or substantially all of Fume Labs’ assets are acquired, or in the event that Fume
Labs were to go out of business or enter bankruptcy, customer information will be one of
the assets that is transferred or acquired by a third party. You acknowledge that such
transfers may occur, and that any acquirer of Fume Labs may continue to use your Personal
Information as set forth in this Policy (as it may be amended from time to time).
The Policy does not apply to the practices of third parties and Fume Labs does not assume
any responsibility for any such third party practices. You hereby release Fume Labs of any
responsibility for the actions, practices and omissions of third parties. In no event shall
Fume Labs be liable to you or anyone else for any damages or injury whatsoever (including
but not limited to direct, indirect, incidental, special, consequential, exemplary or punitive
damages) arising out of or in connection with the collection, use or disclosure of Personal
Information by third parties, including any third party websites that may be accessed from
links contained on our Sites. We encourage you to review the privacy policies of each third-
party website you visit.
4. Withdrawing Your Consent
You may withdraw your consent to the collection, use and disclosure of Personal
Information in accordance with this Policy at any time upon reasonable notice to Fume Labs
in writing, subject to legal or contractual restrictions.
You may also opt out of receiving promotional emails from Fume Labs by following the
instructions in those emails.
5. How we Store and Safeguard Information
Personal Information will be retained only as long as necessary for its identified purpose
and for a reasonable time thereafter or for so long as we are required to maintain such
information by law or other applicable rules or regulations (such as backup, archival, and/or
audit purposes).
We employ organizational, physical and technological processes and procedures to protect
the confidentiality of Personal Information and to safeguard Personal Information against
loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
Although we do not take responsibility for any theft, misuse, unauthorized disclosure, loss,
alteration or destruction of data, we take reasonable precautions to prevent such
occurrences.
6. Minors
Our Services are not intended for individuals under the age limit enforced by your province.
7. Changes
We reserve the right to modify or supplement this Policy at any time. We will indicate the
Policy’s effective date at the top of this Policy. We encourage you to review this Policy
whenever you access or use our Services and to stay informed about our information
practices and how you can help protect your privacy. If you continue to access or use the
Services after the changes are effective, you agree to be bound by the revised Policy.
8. Contact us
For more information about our privacy practices, if you have questions, or if you would like
to make a complaint, please contact us by e-mail at info@fumelabs.com or by mail at:
Fume Labs, Fume
[Re: Privacy Compliance Officer]
Fume Labs 1173 Dundas St E, Suite 135, Toronto, ON M4M 3P1
9. Language
This Policy shall be interpreted consistent with its English linguistic construction, and all
communications between the parties shall be deemed to be conducted in the English
language. Les parties aux présentes confirment leur volonté que cette convention soit
rédigée en langue anglaise seulement.