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New District Technologies

General Terms of Service

Last Updated: June 1, 2016

PLEASE CAREFULLY READ THESE GENERAL TERMS OF SERVICE BEFORE REGISTERING FOR A NEW DISTRICT ACCOUNT OR SUBMITTING AN ORDER FOR NEW DISTRICT PRODUCTS OR SERVICES. THESE GENERAL TERMS OF SERVICE ARE A BINDING CONTRACT THAT GOVERNS THE PRODUCTS AND SERVICES OFFERED BY NEW DISTRICT, EXEMPTS NEW DISTRICT AND OTHER PERSONS FROM LIABILITY OR LIMITS THEIR LIABILITY, SPECIFIES THE JURISDICTION FOR RESOLUTION OF DISPUTES, AND CONTAINS OTHER IMPORTANT PROVISIONS.

BY REGISTERING FOR AN ACCOUNT OR SUBMITTING AN ORDER FOR THE PRODUCTS OR SERVICES OFFERED BY NEW DISTRICT, YOU ACKNOWLEDGE AND SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO THE MOST CURRENT VERSION OF THESE GENERAL TERMS OF SERVICE. IF YOU DO NOT ACCEPT AND AGREE TO THE MOST CURRENT VERSION OF THESE GENERAL TERMS OF SERVICE, YOU MAY NOT REGISTER FOR A NEW DISTRICT ACCOUNT OR SUBMIT AN ORDER FOR PRODUCTS OR SERVICES OFFERED ON THE NEW DISTRICT WEBSITES.

  1. Binding Contract

These General Terms of Service are a binding legal agreement between you and New District Technologies Inc. (“New District”) regarding the products and services offered by New District (collectively “Products and Services” and each a “Product” or “Service”, as applicable). By registering for a New District account or submitting an order for a Product or Service, you acknowledge and signify that you have read, understood, and agreed to the most current version of these General Terms of Service. If you register for a New District account or submit an order for a Product or Service on behalf of a corporation, body corporate, partnership, joint venture, association or any other entity (each, and “Organization”), you are deemed for all purposes to haveto represented that you have the authority to bind the Organization. By registering for a New District Account or submitting an order for a Product or Service on behalf of an Organization, you acknowledge and signify that you have read, understood, and that you agree, on behalf of your Organization, to the most current version of these General Terms of Service and that you are acting as your Organization’s Authorized Representative (as that term is hereinafter defined) in all dealings with New District. If you do not accept and agree to the most current version of these General Terms of Service, you may not register for a New District account or submit an order for a Product or Service.

  1. Other Service Terms

Products and Services may be subject to additional terms and conditions (collectively the “Service Terms”), which are available on New District’s websites at www.newdistrict.ca, and newdistrict.ca (collectively the “Websites” and each a “Website“).. If there is a conflict or inconsistency between these General Terms of Service and any Service Terms, then the Service Terms will take priority and govern regarding the specific Product or Service to which they apply, and these General Terms of Service will take priority and govern regarding all other matters.

  1. Changes

New District in its discretion may change these General Terms of Service or the Service Terms at any time by posting the changed General Terms of Service or Service Terms (as applicable) on the Websites. The changed General Terms of Service or Service Terms (as applicable) are effective immediately upon posting on a Website, unless the changed General Terms of Service or Service Terms expressly state otherwise. It is your responsibility to check the “Last Updated” date at the top of these General Terms of Service and the Service Terms and review any changes since the previous version. By submitting an order for a Product or Service, you signify your acceptance and agreement to the then-current General Terms of Service and Service Terms (as applicable). You may not change, supplement or amend these General Terms of Service or any Service Terms in any manner.

  1. Permissible Customers

You may not register for a New District account or submit an order for any Product or Service if you if you are not of legal drinking in the jurisdiction from which you are accessing the Website (“Your Jurisdiction”), if you cannot form legally binding contracts under applicable law or if the consumption, use, advertising or promotion of alcoholic beverages is illegal in Your Jurisdiction. You may not register for a New District account or submit an order for any Product or Service if you do not accept these General Terms of Service or the applicable Service Terms, if you breach these General Terms of Service or any Service Terms, if you are located in a jurisdiction where access to or use of a Product or Service or any of the Websites is prohibited by law, or if New District has prohibited you from registering for a New District account or ordering a Product or Service. Notwithstanding the foregoing or any other provision of these General Terms of Service, New District reserves the right in its discretion and for its sole convenience to refuse to provide Products and Services to you or any other person.

  1. Communications

You authorize New District to: (a) accept communications it receives from you by means of the Websites or email as if those communications had been given directly by you in writing and signed by you; (b) disclose your communications to New District’s affiliates and services providers; and (c) respond to your communications through the Websites, by email or other means of communication as New District considers appropriate. Communications that you send to New District are not effective unless and until they are processed by the responsible New District representative. New District may refuse to process communications that you send to New District, or may reverse the processing of any communications that you send to New District, at any time in New District’s discretion and without any notice or liability to you or any other person, including if New District believes the communication to be fraudulent or unlawful or defective, inaccurate or incomplete due to a technical malfunction.

  1. Personal Information Privacy

By accepting these General Terms of Service you consent to the collection, use, retention, disclosure and deletion of your personal information in accordance with New District’s Privacy Policy (available on the Websites) as amended from time to time and as otherwise permitted by applicable law.

 

 

  1. Permitted Use of Products and Services

Subject to these General Terms of Service and all applicable laws, you may use Products and Services for your own lawful purposes only, only in the manner permitted by these General Terms and Conditions and subject to all applicable Service Terms. Use of a Product or Service for any other purpose or in any other manner is strictly prohibited.

  1. Transactions

(a)        Misprints/Errors:  New District endeavours to provide current and accurate information on the Websites, but misprints, errors, inaccuracies, omissions (including incorrect details for a Product or Service) and other errors may sometimes occur. New District reserves the right to correct any misprint, error, inaccuracy or omission at any time without prior notice or liability to you or any other person, and change at any time the Products and Services advertised on the Websites, the prices, fees, charges and specifications of those Products and Services and any other Website content, all without any notice or liability to you or any other person. If you submit an order for a Product or Service for which incorrect information was displayed on a Website, New District will provide you with a reasonable opportunity to cancel your order.

(b)       Availability:  Products and Services advertised on a Website may not be available when ordered or thereafter. If you order a Product or Service that is not available, New District will notify you by email. New District reserves the right in its discretion to refuse to accept or cancel any order you submit and to limit quantities available for sale or sold to you.

(c)        Prices:  All prices and other amounts appearing on a Website are quoted in Canadian dollars, unless expressly indicated otherwise. New District reserves the right to change prices advertised on a Website at any time. The total price of your order will include the price of the ordered Products and Services plus all applicable delivery charges, handling charges and taxes. The price, applicable taxes and charges will appear on the completed order form, and will be charged to your specified payment service when your order is accepted by New District.

(d)       Orders:  The advertisements on the Websites are invitations to make offers to purchase Products and Services and are not offers to sell. Your properly completed and delivered order constitutes your offer to purchase the Products and Services referenced in the order. Your order will be deemed accepted by New District when New District or its payment processer processes payment for your order or sends (by email) an order acceptance notice to you, whichever is sooner.

(e)        Order Cancellation and Returns:  Because New District endeavours to fill orders quickly, you may not cancel an order; however, you may return a purchased Product in accordance with New District’s Return Policy, as revised by New District from time to time, which is available on the Websites.

(f)        Payment:  You may pay for your purchases with the payment methods specified on the applicable Website. New District obtains payment pre-approval from your payment service when your order is processed. The purchase payment will be charged to your payment service if and when your order is processed. Except as expressly set forth in these General Terms of Service or applicable Service Terms or otherwise required by applicable law, pre-paid fees are not refundable under any circumstances.

(g)        Delivery:  New District will deliver Products to you in the manner and for the rate specified in the order acceptance notice (which New District will send to you by email). Risk of loss and title to the Products purchased from New District pass to you upon our delivery to the carrier of such Products.

  1. Proprietary Rights

(a)        Ownership:  Products and Services and all related proprietary rights (including copyright and other intellectual property rights) are owned solely by New District and its licensors, and are protected by Canadian and international copyright and other intellectual property laws. You will not copy, reproduce, republish, translate, upload, post, publicly display, transmit, communicate or make available to the public, or otherwise disclose or distribute any Product or Service, in whole or in part, in any way or for any purpose whatsoever. Your purchase or use of a Product or Service does not transfer to you any right, title or interest in, to or associated with the Product or Service.

(b)       Trademarks:  NEW DISTRICT, and related logos are registered or unregistered trademarks and service marks owned or licensed by New District. Any unauthorized use of those trademarks is strictly prohibited, and nothing on a Website or in these General Terms of Services or any Service Terms will be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any of those trademarks and service marks.

(c)        Feedback:  If you give to New District any feedback (including any comments, ideas or suggestions for corrections, enhancements or improvements) regarding a Product, Service or Website, then New District and its successors, assigns and licensees may use the feedback for any and all purposes (including to support, maintain and improve Products, Services and Websites) without providing any compensation or attribution to you or any other person.

(d)       Reservation:  All rights not expressly granted by these General Terms of Service or any Service Terms are reserved by New District.

  1. Accounts:

(a)        General:  To access and use certain features of a Website, New District may require that you register with New District, have a valid and subsisting account with New District (an “Account”), and use a valid user name and password that complies with New District’s technical requirements and policies (collectively “Credentials”).

(b)       Restrictions/Requirements:  You may have only one (1) Account. Except as expressly set forth in section 12: (i) you may not create an Account for any other person; and (ii) your Account and Credentials are personal to you and may not be shared with or use by any other person. You are fully responsible and liable for maintaining the confidentiality of your Account and Credentials and for any and all use and misuse of your Account and Credentials (including all transactions using your Account or Credentials) and for all resulting loss and damage.

(c)        Notices:  You will immediately notify New District by email to [email protected] if you discover any unauthorized use of your Account or if you know or suspect that your Credentials have been lost or stolen or become known to or used by any other person.

 

(d)       Reliance/Verification:  New District may act upon any communication that is given through your Account or by using your Credentials. New District is not under any obligation to verify the actual identity or authority of any person using your Account or Credentials, but New District in its discretion may at any time require verification of the identity of any person seeking to access your Account and may deny access to and use of your Account if New District is not satisfied with the verification.

(e)        Cancellation/Suspension/Termination:  New District in its discretion may cancel or suspend your Account or reject, revoke or require that you change or renew your Credentials at any time without notice or liability to you or any other person, including if your Account is inactive. If your Account is suspended, cancelled or terminated by New District, you may not create another Account without New District’s express prior written consent.

  1. Accurate Information

To create an Account or to order a Product or Service, New District may require that you provide certain information about yourself (including your legal name, residential address, email address, other contact information and in some instances details of your government-issued identification documents) and payment information. You represent and warrant that all information you provide to New District is true, accurate, current and complete, and that you will update the information from time to time so that it remains true, accurate, current and complete. New District will rely on the information that you provide. New District is not under any obligation to verify the truth, accuracy, currency or completeness of any information you provide, but New District may do so in its discretion, and you hereby consent to New District making reasonable inquiries as New District considers appropriate to verify the information you provide. You hereby authorize New District to create and permanently retain records of all information that you provide to New District and all communications between you and New District and to use, retain and disclose that information as reasonably necessary to provide Products and Services and to otherwise perform New District’s obligations and exercise New District’s rights under these General Terms of Service and applicable Service Terms. You are solely responsible and liable for all loss, damage and expense that you, New District or any other person may suffer or incur as a result of your submission of any false, inaccurate, out of date or incomplete information, your failure to promptly update your information if it changes, or any other breach of your obligations under this section 11.

  1. Authorized Representatives

(a)        General:  New District in its discretion may permit you to use procedures prescribed by New District to appoint another person or legal entity (an “Authorized Representative”) to act as your agent and representative in all dealings with New District, including for purposes of creating, administering and using your Account, submitting and processing your orders for Products and Services and related transactions, and exchanging on your behalf documents and information (including your confidential information and personal information) with New District.

(b)       Authorization/Responsibility:  By appointing your Authorized Representative in accordance with New District’s prescribed procedures, you authorize New District to deal with your Authorized Representative as your authorized agent and representative for all purposes unless and until your appointment of your Authorized Representative is terminated as set forth in section 12(c). Without limiting the generality of the foregoing in this section 12(b), you hereby acknowledge and agree that: (i) your Authorized Representative may accept and agree on your behalf to all of New District’s applicable customer agreements and policies (including these General Terms of Service and all applicable Service Terms), as amended from time to time; and (ii) you are bound by, and fully responsible and liable for, all acts and omissions (including wrongful conduct and use of your confidential or personal information or your Account) by or on behalf of your Authorized Representative.

(c)        Termination:  You or your Authorized Representative may terminate the Authorized Representative’s status at any time using the online procedures prescribed by New District from time to time or by sending an email to [email protected]  A termination request submitted by you or your Authorized Representative will not be effective unless and until the request is actually received and processed by New District’s personnel. New District in its discretion may terminate your Authorized Representative’s status at any time without any prior notice to you or the Authorized Representative. If your Authorized Representative’s status is terminated, then you alone will have control over your Account (in accordance with applicable procedures prescribed by New District in its discretion from time to time) and New District will no longer accept your Authorized Representative’s orders or requests on your behalf.

  1. Disclaimers, Liability Exclusions/Limitations, and Indemnity

(a)        GENERAL DISCLAIMER:  YOU ARE SOLELY RESPONSIBLE FOR THE SELECTION AND USE OF PRODUCTS AND SERVICES TO ACHIEVE YOUR INTENDED RESULTS, AND YOU USE PRODUCTS AND SERVICES AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PRODUCTS AND SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES OF ANY NATURE OR KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY, OR ARISING FROM CUSTOM OR TRADE USAGE OR BY ANY COURSE OF DEALING OR COURSE OF PERFORMANCE, INCLUDING ANY REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES OF OR RELATING TO: ACCURACY, ACCESSIBILITY, AVAILABILITY, COMPLETENESS, DURABILITY, ERRORS, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, LACK OF VIRUSES OR OTHER DISABLING OR HARMFUL CODE, PERFORMANCE, QUALITY, RESULTS, SUITABILITY, SECURITY, TIMELINESS, TITLE, TRUTHFULNESS, QUIET ENJOYMENT, UNINTERRUPTED SERVICE, OR WORKMANLIKE EFFORT; ALL OF WHICH ARE HEREBY WAIVED BY YOU AND DISCLAIMED BY NEW DISTRICT TO THE FULLEST EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE FOREGOING, NEW DISTRICT DOES NOT REPRESENT OR WARRANT THAT PRODUCTS AND SERVICES WILL MEET YOUR REQUIREMENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OR ON BEHALF OF NEW DISTRICT WILL CREATE ANY LEGALLY BINDING OR EFFECTIVE REPRESENTATION, WARRANTY, CONDITION OR PROMISE.

(b)       LIABILITY EXCLUSIONS/LIMITATIONS: NOTWITHSTANDING ANY OTHER PROVISION OF THESE GENERAL TERMS OF SERVICE OR ANY SERVICE TERMS, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (1) IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL NEW DISTRICT GROUP BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY PERSONAL INJURY, EMOTIONAL DISTRESS, OR ANY DAMAGE OR LOSS (INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE OR LOSS, LOSS OF PROFIT, LOSS OF REVENUE, LOSS OF DATA OR INFORMATION, LOSS OF USE, LOSS OF PRIVACY, LOSS OF BUSINESS, LOSS OF OPPORTUNITY, LOSS OF PRODUCTIVITY, OR ANY OTHER COMMERCIAL DAMAGE OR LOSS) ARISING FROM, CONNECTED WITH, OR RELATING TO PRODUCTS AND SERVICES (INCLUDING YOUR USE OR INABILITY TO USE PRODUCTS AND SERVICES) OR ANY RELATED MATTER; AND (2) IF NOTWITHSTANDING THE FOREGOING OR ANY OTHER PROVISION OF THESE GENERAL TERMS OF SERVICE OR ANY SERVICE TERMS NEW DISTRICT GROUP IS LIABLE TO YOU OR ANY OTHER PERSON, THEN IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL NEW DISTRICT GROUP’S TOTAL AGGREGATE LIABILITY ARISING FROM, CONNECTED WITH, OR RELATING TO PRODUCTS AND SERVICES OR ANY RELATED MATTER EVER EXCEED THE LESSER OF: (A) THE FEE THAT YOU ACTUALLY PAID TO NEW DISTRICT FOR THE RELEVANT PRODUCT OR SERVICE; AND (B) CDN$50.00. THIS SECTION 13(b) APPLIES TO LOSS AND DAMAGE HOWEVER CAUSED AND TO LIABILITY UNDER ANY THEORY (INCLUDING CONTRACT, TORT, STATUTE AND STRICT LIABILITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING FUNDAMENTAL BREACH OR GROSS NEGLIGENCE) BY NEW DISTRICT OR ANY PERSON FOR WHOM NEW DISTRICT IS RESPONSIBLE, EVEN IF OTHER REMEDIES ARE NOT AVAILABLE OR DO NOT ADEQUATELY COMPENSATE YOU OR ANY OTHER PERSON FOR THE LOSS AND DAMAGE OR THE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE, OR NEW DISTRICT KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF THE LOSS OR DAMAGE BEING INCURRED.

(c)        EXCEPTIONS:  THE LAWS IN SOME JURISDICTIONS PROHIBIT OR LIMIT THE DISCLAIMER OF CERTAIN WARRANTIES AND CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES, AND SO THE DISCLAIMERS AND LIABILITY EXCLUSIONS AND LIMITATIONS IN THESE GENERAL TERMS OF SERVICE MIGHT NOT APPLY TO YOU.

(d)       INDEMNITY:  YOU WILL DEFEND, INDEMNIFY AND HOLD HARMLESS NEW DISTRICT GROUP FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, COSTS, EXPENSES (INCLUDING LEGAL FEES), CLAIMS, COMPLAINTS, DEMANDS, ACTIONS, SUITS, PROCEEDINGS, OBLIGATIONS AND LIABILITIES (INCLUDING LEGAL FEES AND EXPENSES AND SETTLEMENT PAYMENTS) ARISING FROM, CONNECTED WITH OR RELATING TO YOUR USE OF PRODUCTS AND SERVICES OR YOUR NEGLIGENCE, MISCONDUCT, OR BREACH OF THESE GENERAL TERMS OF SERVICE OR ANY APPLICABLE SERVICE TERMS. NOTWITHSTANDING THE FOREGOING, NEW DISTRICT GROUP RETAINS THE RIGHT TO PARTICIPATE IN THE DEFENSE OF AND SETTLEMENT NEGOTIATIONS RELATING TO ANY THIRD PARTY CLAIM, COMPLAINT, DEMAND, ACTION, SUIT OR PROCEEDING WITH COUNSEL OF THEIR OWN SELECTION AT THEIR SOLE COST AND EXPENSE.

(e)        DEFINITION:  IN THIS SECTION 13, “NEW DISTRICT GROUP” MEANS NEW DISTRICT AND EACH OF NEW DISTRICT’S LICENSORS, SUPPLIERS, SERVICE PROVIDERS AND CORPORATE PARENTS AND AFFILIATES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SHAREHOLDERS, DISTRIBUTORS AND REPRESENTATIVES, JOINTLY AND SEVERALLY.

  1. Suspension/Termination

(a)        Suspension:  New District in its discretion may immediately suspend or restrict your Account and your permission to order Products and Services at any time without notice or liability to you or any other person.

(b)       Termination:  These General Terms of Service as they apply to you are effective unless and until terminated as set forth in this section 14(b). You may terminate these General Terms of Service as they apply to you by permanently closing/deactivating your Account (if any) and giving written notice of termination to New District by email at [email protected]. New District in its discretion may for its sole convenience terminate these General Terms of Service at any time by giving a notice of termination to you or by permanently closing/deactivating your Account.

(c)        Consequences of Termination:  Notwithstanding any other provision of these General Terms of Service, the obligations and liabilities you incur prior to termination of these General Terms of Service will survive termination, and sections 2, 3, 5, 6, 7, 8, 9, 10(e), 11, 12(b), 13, 14(c) and 15 of these General Terms of Service (and all other provisions of these General Terms of Service necessary to their interpretation or enforcement) will survive termination and continue to apply and be binding upon you and New District.

  1. General Matters:

(a)        Governing Law:  These General Terms of Service, the Service Terms, Products and Services, the relationship between you and New District, and all related matters will be governed by, and construed and interpreted solely in accordance with, the laws of the Province of British Columbia, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws that would lead to the application of any other laws and excluding any law that implements the United Nations Convention on Contracts for the International Sale of Goods.

(b)       Disputes:  The courts of British Columbia, Canada sitting in the city of Vancouver, British Columbia, Canada will have original and exclusive jurisdiction over any and all disputes arising from, connected with or relating to these General Terms of Service, the Service Terms, the Websites, Products and Services, the relationship between you and New District or any related matter, and you and New District each hereby unconditionally and irrevocably submit and attorn to the original and exclusive jurisdiction of those courts regarding those disputes.

(c)        Notices:  New District may deliver notices to you by email or postal mail to any of the addresses that you provide to New District (including when you subscribe for your Account or when you submit an order for a Product or Service). You are solely responsible for ensuring that your email addresses on file with New District are and remain current and correct throughout the term of these General Terms of Service, and you will promptly give notice to New District of any change to your email addresses. You will give all notices under these General Terms of Service or any Service Terms to New District in writing delivered by email to New District at the following email address: [email protected].

 

(d)       Force Majeure:  Notwithstanding any other provision of these General Terms of Service or any Service Terms, New District will not be liable for any delay in performing, or failure to perform, any of its obligations under these General Terms of Service or any Service Terms to the extent performance is delayed or prevented due to any cause or causes that are beyond New District’s control. Any delay or failure of that kind will not be a breach of these General Terms of Service or any Service Terms by New District, and the time for New District’s performance of the affected obligation will be extended by a period that is reasonable in the circumstances.

(e)        Miscellaneous:  You and New District are non-exclusive, independent contracting parties, and nothing in these General Terms of Service or any Service Terms or done pursuant to these General Terms of Service or any Service Terms will create or be construed to create a partnership, joint venture, agency, employment or other similar relationship between you and New District. Upon request by New District, you will execute all further documents and instruments and do all further things as may be reasonably necessary to implement and carry out the provisions and intent of these General Terms of Service and applicable Service Terms. No consent or waiver by New District to or of any breach by you of these General Terms of Service or any Service Terms will be effective unless the consent or waiver is confirmed in a document that is signed by New District or will be deemed or construed to be a consent to or waiver of a continuing breach or any other breach by you. New District’s rights and remedies under these General Terms of Service and the Service Terms are cumulative and not exhaustive or exclusive of any other rights or remedies to which New District may be lawfully entitled under these General Terms of Service or any Service Terms or at law, and New District will be entitled to pursue any and all of its rights and remedies concurrently, consecutively and alternatively. If any provision of these General Terms of Service or any Service Terms is held by a court or arbitrator of competent jurisdiction to be invalid or unenforceable for any reason, then the provision will be deemed severed from these General Terms of Service or the Service Terms (as applicable) and the remaining provisions will continue in full force and effect without being impaired or invalidated in any way, unless as a result of the severance these General Terms of Service or the Service Terms (as applicable) would fail in their essential purpose. You may not assign these General Terms of Service or any Service Terms or any of your rights, licenses, duties or obligations under these General Terms of Service or any Service Terms. New District in its discretion may assign these General Terms of Service and the Service Terms and any or all of New District’s rights, licenses, duties and obligations under these General Terms of Service and the Service Terms. New District may engage subcontractors to perform New District’s obligations under these General Terms of Service and the Service Terms. The provisions of these General Terms of Service and applicable Service Terms will enure to the benefit of and be binding upon you and New District and your respective successors, permitted assigns and personal representatives.

(f)        Interpretation:  In these General Terms of Service and applicable Service Terms (each a “Contract Document”): (i) a reference to the Contract Document refers to the Contract Document as a whole and not just to the particular provision in which the reference appears; (ii) a reference in a Contract Document to a section by number is a reference to the appropriate section in the Contract Document; (iii) headings are for reference only and do not define, limit or enlarge the scope or meaning of the Contract Document or any of its provisions; (iv) words importing the singular number only include the plural and vice versa; (v) words importing a gender include both genders; (vi) “person” includes an individual, corporation, partnership, joint venture, association, trust, unincorporated organization, society, and any other legal entity; (vii) “including” and “includes” mean including or includes (as applicable) without limitation or restriction; (viii) “law” includes common law, equity, statutes and regulations, and reference to a specific law includes all regulations made under the law and all amendments to, or replacements of, the law or any regulation made under the law in force from time to time; and (ix) “discretion” or any variation thereof means a person’s sole, absolute and unfettered discretion.

(g)        Complete Agreement/Governing Language:  These General Terms of Service and all applicable Service Terms together set forth the entire agreement between you and New District regarding the subject matter of these General Terms of Service and the Service Terms (including Products and Services), and supersede all prior or contemporaneous communications, representations, negotiations, discussions, agreements, or understandings, whether oral or written, with respect to the subject matter of these General Terms of Service and the Service Terms. Except as expressly set forth in these General Terms of Service, these General Terms of Service and the Service Terms may not be modified except by a written document that expressly states that it is an amendment to these General Terms of Service or the Service Terms (as applicable) and is signed by an authorized representative of New District. You and New District have expressly requested and required that these General Terms of Service and all Service Terms and all related documents be drawn up in the English language. Les parties conviennent et exigent expressément que ce Contrat et tous les documents qui s’y rapportent soient rédigés en anglais. Subject to applicable law, any non-English translation of these General Terms of Service or any Service Terms provided by New District is for convenience only, and if there is a conflict or inconsistency between the English version and a non-English translation then the English version will take priority and govern.

If you have any questions or comments regarding these General Terms of Service or any Service Terms, please contact New District at [email protected].

 

 

New District Technologies

Website Terms of Use

PLEASE CAREFULLY READ THESE WEBSITE TERMS OF USE BEFORE USING THE NEW DISTRICT TECHNOLOGIES INC WEBSITE. THESE TERMS OF USE ARE A BINDING CONTRACT THAT GOVERNS USE OF EACH NEW DISTRICT WEBSITE AND RELATED SERVICES, EXEMPTS NEW DISTRICT AND OTHER PERSONS FROM LIABILITY OR LIMITS THEIR LIABILITY, SPECIFIES THE JURISDICTION FOR RESOLUTION OF DISPUTES, AND CONTAINS OTHER IMPORTANT PROVISIONS.

EACH TIME YOU ACCESS OR USE A NEW DISTRICT WEBSITE, YOU ACKNOWLEDGE AND SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE MOST CURRENT VERSION OF THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE A NEW DISTRICT WEBSITE.

  1. Your Acceptance of these Terms of Use

These Terms of Use are a legal agreement between you and New District Technologies Inc. (“New District”) regarding your access to and use of the New District websites located at www.newdistrict.ca and newdistrict.ca (collectively the “Websites” and each a “Website“).Each time you access or use any aspect of a Website, you signify your acceptance and agreement, without limitation or qualification, to be bound by the most current version of these Terms of Use. If you do not agree with these Terms of Use, you may not access or use either of the Websites. These Terms of Use are in addition to any other agreement you may have with New District.

 

  1. Changes

New District may in its discretion change these Terms of Use at any time by posting the changed Terms of Use on the Websites. The changed Terms of Use are effective immediately upon posting on a Website, unless the changed Terms of Use expressly state otherwise. It is your responsibility to check the “Last Updated” date at the top of these Terms of Use and review any changes since the previous version. By using a Website after these Terms of Use have been changed, you signify your acceptance and agreement to the changed Terms of Use. You may not change, supplement or amend these Terms of Use in any manner.

  1. Permissible Users

You may only use a Website if you are of legal drinking in the jurisdiction from which you are accessing the Website (“Your Jurisdiction”) and if you can form legally binding contracts under applicable law. You may not use the Websites if the consumption, use, advertising or promotion of alcoholic beverages is illegal in Your Jurisdiction or if it is otherwise illegal in Your Jurisdiction to access, view and/or use the Websites. You may not use a Website if you breach these Terms of Use or if your permission to use a Website has been suspended or terminated by New District. If any of these conditions apply to you, please stop using the Websites immediately. If you do not leave this site, then you will be deemed for all purposes to have represented that none of these conditions apply to you.

  1. Personal Information Privacy

By using a Website, you consent to the collection, use, retention, disclosure and deletion of your personal information in accordance with New District’s Privacy Policy as amended from time to time and as otherwise permitted by applicable law.

 

  1. Permissible Use

You may use a Website solely for your lawful purposes, in the manner permitted by the Website, and subject to these Terms of Use and all applicable laws. Using a Website for any other purpose or in any other manner is strictly prohibited.

A Website and its content may not be copied, reproduced, imitated, republished, translated, uploaded, posted, publicly displayed, communicated or made available to the public, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, for any purpose whatsoever, without the express prior written consent of New District.

  1. Ownership of Websites

Copyright © September 2015 New District Technologies Inc. All rights reserved. Each Website and its content (including all text, graphics, interfaces, images, video, sounds, music, artwork, designs, computer code, data, and other elements available on or through the Website, and the design, structure, selection, arrangement and look and feel of those elements and the Website as a whole) and all related proprietary rights (including copyright) are owned solely by New District and its licensors, and are protected by Canadian and international copyright and other intellectual property laws. Your use of a Website does not transfer to you any right, title or interest in, to or associated with the Website or its content. All rights not expressly granted by these Terms of Use are reserved by New District.

  1. Trademarks

NEW DISTRICT, and related logos are registered or unregistered trademarks and service marks owned or licensed by New District. Other product and company names and logos appearing on a Website may be registered or unregistered trademarks, service marks or trade names of their respective owners. Any use of the trademarks, service marks or trade names displayed on a Website is strictly prohibited, and nothing appearing on a Website will be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any of those trademarks, service marks or trade names.

  1. Linked Sites

For your convenience, a Website may provide links or references to other Internet sites or resources and businesses operated by other persons (collectively “Linked Sites“). Linked Sites are independent from New District, and New District does not endorse, and has no responsibility or liability for or control over, Linked Sites or their business, goods, services or content. Your use of Linked Sites and your dealings with the owners or operators of Linked Sites are at your own risk, and you will not make any claim against New District arising from, connected with, or relating to your use of Linked Sites or your dealings with the owners or operators of Linked Sites.

  1. Prohibited Activities

You will not: (a) circumvent the ordinary navigational structure or presentation of a Website or its content; (b) access or obtain Website content or other data by any means that is not purposely made available to you by a Website; (c) gain unauthorized access to any part of a Website or its content, or any related system, network, service or data, by hacking, password mining or any other means; or (d) test or tamper with the security of a Website or interfere with the proper working of a Website, any transaction being conducted through a Website, or any other person’s use of a Website.

Framing, mirroring, scraping or data-mining a Website or any of its content in any form and by any means (including robots, spiders, or other automatic devices, programs or methodologies or any similar or equivalent manual process) is strictly prohibited. You may not use any collaborative browsing or display technologies in connection with your use of a Website or to post comments, communications or any other data of any kind to or on a Website with the intention that the posting may be viewed by other users of the Website.

Deep links to a Website without the express written permission of New District are strictly prohibited. New District may in its discretion cancel and revoke any permission it may give to link to a Website at any time and without any notice or liability.

  1. Disclaimer

NEW DISTRICT DOES NOT ACCEPT ANY LIABILITY FOR YOUR USE OF THE WEBSITES. YOUR USE OF THE WEBSITES IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITES ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES OF ANY NATURE OR KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY, OR ARISING FROM CUSTOM OR TRADE USAGE OR BY ANY COURSE OF DEALING OR COURSE OF PERFORMANCE, INCLUDING ANY REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES OF OR RELATING TO: ACCURACY, ACCESSIBILITY, AVAILABILITY, COMPLETENESS, DURABILITY, ERRORS, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, LACK OF VIRUSES OR OTHER DISABLING OR HARMFUL CODE, PERFORMANCE, QUALITY, RESULTS, SUITABILITY, SECURITY, TIMELINESS, TITLE, TRUTHFULNESS, QUIET ENJOYMENT, UNINTERRUPTED SERVICE, OR WORKMANLIKE EFFORT; ALL OF WHICH ARE HEREBY WAIVED BY YOU AND DISCLAIMED BY NEW DISTRICT TO THE FULLEST EXTENT PERMITTED BY LAW.

  1. Liability Exclusions/Limitations

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL NEW DISTRICT GROUP BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGE OR LOSS ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEBSITES OR ANY RELATED MATTER (INCLUDING YOUR USE OF A WEBSITE). IF NOTWITHSTANDING THE FOREGOING OR ANY OTHER PROVISION OF THESE TERMS OF USE NEW DISTRICT GROUP IS LIABLE TO YOU OR ANY OTHER PERSON RELATING TO THE WEBSITES OR ANY RELATED MATTER (INCLUDING YOUR USE OF A WEBSITE), THEN IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL NEW DISTRICT GROUP’S TOTAL AGGREGATE LIABILITY EVER EXCEED CDN $50. THIS SECTION 12 APPLIES TO LOSS AND DAMAGE HOWEVER CAUSED AND TO LIABILITY UNDER ANY THEORY (INCLUDING CONTRACT, TORT, STATUTE AND STRICT LIABILITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING FUNDAMENTAL BREACH OR GROSS NEGLIGENCE) BY NEW DISTRICT OR ANY PERSON FOR WHOM NEW DISTRICT IS RESPONSIBLE, EVEN IF OTHER REMEDIES ARE NOT AVAILABLE OR DO NOT ADEQUATELY COMPENSATE YOU OR ANY OTHER PERSON FOR THE LOSS AND DAMAGE OR THE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE, OR NEW DISTRICT KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF THE LOSS OR DAMAGE BEING INCURRED. IN THIS SECTION 12, “NEW DISTRICT GROUP” MEANS NEW DISTRICT AND EACH OF ITS LICENSORS, SUPPLIERS, SERVICE PROVIDERS AND CORPORATE PARENTS AND AFFILIATES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SHAREHOLDERS, DISTRIBUTORS, AND REPRESENTATIVES, JOINTLY AND SEVERALLY.

  1. Changes to Websites / Termination of Use

If you breach these Terms of Use, you may no longer use the Websites.

Notwithstanding any other provision of these Terms of Use, New District may in its discretion and for its sole convenience: (a) change, discontinue, modify, restrict, suspend or terminate the Websites or any of their content at any time without any notice or liability to you or any other person; and (b) immediately suspend or terminate your permission to access and use the Websites at any time without any notice or liability to you or any other person.

If your permission to use a Website is terminated for any reason, then these Terms of Use will nevertheless continue to apply and be binding upon you in respect of your prior use of the Website.

  1. Governing Law and Disputes

These Terms of Use, your use of the Websites and all related matters are and will be governed by, and construed and interpreted solely in accordance with, the laws of the Province of British Columbia, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws that would lead to the application of any other laws and excluding any law that implements the United Nations Convention on Contracts for the International Sale of Goods.

All disputes arising from, connected with or relating to these Terms of Use, your use of the Websites or any related matter will be resolved before the Supreme Court of British Columbia sitting in the City of Vancouver, and you and New District each hereby irrevocably submit and attorn to the original and exclusive jurisdiction of that court in respect of all disputes, except that New District may in its discretion commence legal proceedings against you in the courts of any other jurisdiction seeking injunctive relief (or similar urgent legal remedies) to enforce these Terms of Use and protect New District’s rights in, to and associated with the Websites and their content.

  1. Other Matters

No consent or waiver by New District to or of any breach of these Terms of Use by you will be effective unless in writing and signed by New District or will be deemed or construed to be a consent to or waiver of a continuing breach or any other breach by you. Except as expressly set forth in these Terms of Use, New District’s rights and remedies under these Terms of Use are cumulative and not exhaustive or exclusive of any other rights or remedies to which New District may be lawfully entitled under these Terms of Use or at law, and New District will be entitled to pursue any and all of its rights and remedies concurrently, consecutively and alternatively. The provisions of these Terms of Use will enure to the benefit of and be binding upon you and New District and your respective successors and permitted assigns. If any provision of these Terms of Use is held by a court or arbitrator of competent jurisdiction to be invalid or unenforceable for any reason, then the provision will be deemed severed from these Terms of Use and the remaining provisions will continue in full force and effect without being impaired or invalidated in any way, unless as a result of the severance these Terms of Use would fail in its essential purpose. You will not assign, transfer, delegate, license, sub-license or grant these Terms of Use or your rights, duties and obligations under these Terms of Use without New District’s express prior written consent, which consent may be withheld in New District’s discretion. New District may, without your consent, assign these Terms of Use or any of New District’s rights, duties or obligations under these Terms of Use.

In these Terms of Use: (a) a reference to “Terms of Use” and other similar terms refers to these Terms of Use as a whole, and not just to the particular provision in which those words appear; (b) headings are for reference only and do not define, limit or enlarge the scope or meaning of these Terms of Use or any of its provisions; (c) “persons” includes individuals, corporations, partnerships, joint ventures, associations, trusts, unincorporated organizations, societies and all other legal entities; (d) words importing the singular number only include the plural and vice versa; (e) words importing a gender include both genders; (f) “including” and “includes” mean including or includes (as applicable) without limitation or restriction; (g) “law” includes common law, equity, statutes, regulations, ordinances and orders in council, and reference to a specific law includes all regulations, and ordinances and orders in council and mandatory guidelines and directives made or issued under the law; and (h) “discretion” or any variation thereof used with respect to a party mean that party’s sole, absolute and unfettered discretion.

These Terms of Use set forth the entire agreement between you and New District regarding your use of the Websites. There are no representations, warranties, terms, conditions, undertakings or collateral agreements, express, implied or statutory, between you and New District regarding the Websites. For greater certainty, New District’s General Terms of Service and other services sgreements govern your use of a New District account, transactions through the Websites, and New District’s products and services.

You and New District have each expressly requested and required that these Terms of Use be drawn up in the English language. Les parties conviennent et exigent expressément que ce Contrat et tous les documents qui s’y rapportent soient rédigés en anglais.

 

 

New District Technologies

Privacy Policy

 

Your privacy is important to New District Technologies Inc. (“New District”). This Policy explains how New District collects, uses, discloses, retains and deletes your personal information, including information collected through New District’s websites (currently www.newdistrict.ca and newdistrict.ca).

  1. Your Consent

By providing New District or its representatives with your personal information, you consent to the collection, use, disclosure, retention and deletion of that information in accordance with this Privacy Policy and as otherwise permitted by applicable law.

  1. Personal Information

In this Privacy Policy, “personal information” means information about an identifiable individual (including the individual’s name, address and contact information) and documents and records containing that information.

  1. How New District Collects Personal Information

(a) Direct Collection

You may be asked to voluntarily provide your personal information to New District or its authorized representatives when you are in contact with New District or its representatives, including when you register for a New District account and when you purchase products or services through New District’s websites. In those circumstances, you can choose not to provide certain requested personal information, but then you may not be able to register for a New District account or purchase products or services or access or use certain features of New District’s websites.

(b) Websites, Cookies and Other Technologies

New District’s websites may automatically collect certain non-personal information regarding your use of the websites, such as the dates and times you access the website, the browsers, operating systems and devices you use to access the website, the website pages you access, and the referring and exit website pages. New District may use that non-personal information for various purposes, including to administer and improve the websites and improve New District’s products and services.

New District’s websites, online services, email messages and advertisements may also use “cookies” and other similar technologies, such as web beacons, pixel or gif tags, and action tags. Those technologies collect information that assists New District to improve products and services, advertising, customer communications and the online shopping experience. New District may use information collected through cookies and similar technologies to recognize you as a user of New District’s websites, determine your general location, track your use of the websites, offer personalized web page content, information and advertisements, and otherwise facilitate and improve your website experience. New District may use web beacons, pixel or gif tags, and action tags to confirm that email messages have been delivered to and opened by you.

New District treats information collected by cookies and similar technologies as non-personal information, except that if internet protocol (IP) addresses or other similar identifiers are considered personal information under your local laws then New District will treat that information as personal information for the purposes of this Privacy Policy.

You may choose to decline or disable cookies if your web browser permits, but doing so may affect your ability to access or use certain features of New District’s websites. You may opt-out of receiving certain emails from New District as indicated in the relevant emails.

  1. How New District Uses Personal Information

New District uses your personal information for various purposes, including:

 

New District may combine your personal information collected through various sources (including information collected through New District’s websites), information collected from you when you register for an account, and information obtained from other sources.

You may also provide personal information in order to receive email and other communications from New District. You may unsubscribe from some of those communications by using the applicable self-service unsubscribe procedure offered by New District (for example, by clicking an unsubscribe link in an email) or by contacting New District using the contact information noted below.

New District may use your personal information to communicate with you regarding important matters (such as delivery of the products that you have purchased from New District), and you may not opt out of receiving those important communications.

New District may use personal information to create non-personal information, and New District may then use, disclose, transfer and retain the non-personal information as set forth below in this Privacy Policy.

New District discloses your personal information as set forth below in this Privacy Policy.

 

  1. How New District Discloses Personal Information

(a) Law Enforcement/Legal Disclosures:

Your personal information may be subject to access by and disclosure to law enforcement agencies in accordance with applicable law.

New District may disclose your personal information as required or authorized by applicable law, including to comply with a subpoena, warrant or court or arbitral order, or litigation disclosure obligations.

New District may disclose your personal information if New District reasonably believes the disclosure is necessary or appropriate in connection with national security, law enforcement or other issues of public importance.

New District may disclose your personal information to law enforcement authorities or other organizations if New District reasonably believes the disclosure is necessary or appropriate to protect and enforce New District’s legal rights, interests and remedies or to protect the business, operations or customers of New District or other persons, including to detect or prevent unlawful or fraudulent activities or other misconduct in connection with the operation of New District accounts or purchase of New District products or services or to enforce any of the terms of use, terms of service or other agreements that govern access to or use of any of New District’s products and services.

New District has no control over, or responsibility or liability for, the use, disclosure, retention and deletion of your personal information by the agencies, organizations or other persons to whom New District discloses the information in the foregoing circumstances, and the use, disclosure, retention and deletion of the disclosed information by those agencies, organizations or other persons is not subject to this Privacy Policy.

(b) Suppliers and Service Providers:

New District may disclose your personal information to New District’s suppliers and service providers (including technology platform providers) to assist New District in the provision of services to you, to provide products and services to New District (including to conduct customer research and satisfaction surveys and to provide customer communications, data processing and data management, marketing, fraud detection, address validation and tax services), to assist New District to use your personal information in accordance with this Privacy Policy (including to process your transactions and payments, fulfill your orders, verify your identity, deliver products and services to you and provide customer service), and as otherwise permitted by applicable law. New District requires its suppliers and service providers to agree to use your personal information only for the purposes for which it is provided to them, and to protect the privacy of your personal information in a manner that is consistent with this Privacy Policy and applicable law.

(c) New District Business Transactions:

New District may also disclose your personal information in connection with a proposed or actual business transaction in which New District is involved (such as a corporate reorganization, merger or acquisition, or the sale of some or all of New District’s business or assets), but New District will require that the information recipient agree to protect the privacy of your personal information in a manner that is consistent with this Privacy Policy and applicable law.

  1. Retention, Location and Protection of Personal Information

New District will store and process your personal information in Canada.

New District retains your personal information for the period reasonably necessary for the purposes set forth or referenced in this Privacy Policy or a longer retention period required or permitted by applicable law.

New District employs reasonable safeguards – including administrative, physical and technological security and safeguarding measures and solutions – appropriate to the sensitivity of the personal information in New District’s possession or under New District’s control in order to protect the information from unauthorized access, collection, use, disclosure, disposal or similar risks.

  1. Deletion of Personal Information

New District will delete or dispose of your personal information when New District is no longer reasonably required to retain the information for the purposes set forth or referenced in this Privacy Policy.

  1. Accuracy and Access to Personal Information

If New District or its representatives request your personal information, then you will provide the information directly to New District or its representatives. You will not have another person provide your personal information on your behalf.

New District will rely on you to ensure that your personal information is as accurate, complete and up to date as necessary for the purposes of the products and services that New District provides to you. You will promptly notify New District of any changes to your personal information (including your New District account information) using the procedures provided on New District’s websites or by contacting New District at [email protected].

You may request access to your personal information and information about New District’s collection, use, disclosure, retention and deletion of your personal information by submitting a written request to New District’s Customer Support department using the contact information noted below. Subject to applicable exceptions and limitations prescribed by applicable law, you will be given reasonable access to your personal information and you will be entitled to challenge the accuracy and completeness of your personal information and to have it amended as appropriate. You may be required to pay a reasonable fee for access to your personal information.

  1. Non-Personal Information

New District creates or collects non-personal information (information that is not about an identifiable individual), including personal information that has been aggregated or otherwise anonymized so that it no longer relates to an identifiable individual.

New District may use, disclose, transfer and retain non-personal information for any purpose and in any manner whatsoever.

If non-personal information is combined with personal information, then the non-personal information will be treated as personal information for the purposes of this Privacy Policy.

  1. Other Matters

(a) Business Contact Information: 

To the extent permitted by applicable law, the provisions of this Privacy Policy concerning personal information do not apply to information (such as your name, position or title, business address, business telephone number, business fax number and business email address) that enables you to be contacted at a place of business.

(b) Services Agreements:

The agreements that you accept when you order New District’s products and services contain important provisions, including provisions disclaiming, limiting or excluding New District’s liability and provisions determining the applicable law and exclusive jurisdiction for the resolution of disputes. To the extent permitted by applicable law, each of those provisions applies to any dispute that may arise in relation to this Privacy Policy or New District’s collection, use, disclosure, retention and deletion of your personal information, and are of the same force and effect as if they had been reproduced directly in this Privacy Policy.

(c) Personal Information of Children:

New District does not permit individuals to access New District websites if the individual is not of legal drinking age in the jurisdiction from which the individual accesses New District’s websites. New District does not knowingly collect personal information from or relating to children who are under 13 years of age. Please immediately contact New District’s Customer Support team at the address noted below if you believe that New District has unintentionally collected personal information from a child under 13 years of age without the consent of the child’s parent or legal guardian. If New District learns that it has inadvertently collected the personal information of a child under 13 years of age without appropriate consent, New District will use reasonable efforts to delete that information from New District’s systems (except to the extent that retention of the personal information is required or permitted by applicable law).

(d) Other Websites/Online Services:

New District’s websites may contain links to other websites or online services. When you use those links you are contacting another website or service. New District has no responsibility or liability for, or control over, those other websites or service or their collection, use, disclosure, retention and deletion of your personal information. Please refer to the privacy policies and terms of use that apply to those other websites or online services.

(e) Contacting New District’s Chief Privacy Officer:

If you have any comments or questions about this Privacy Policy or how New District deals with your personal information, please contact New District’s Customer Support team by mail, facsimile or email at: New District Technologies, Suite 100 – 1152 Mainland Street, Vancouver, British Columbia, V6B 4X2, Canada, email: [email protected]; phone 604-229-3663

(f) English Language:

You and New District have each expressly requested and required that this Privacy Policy and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressement que ce Politique et tous les documents qui s’y rapportent soient rédigés en anglais.

(g) Changes to this Policy:

New District may change this Privacy Policy from time to time by posting a new version of this Privacy Policy on New District’s websites. New District’s collection, use, disclosure, retention and deletion of your personal information will be governed by the version of this Privacy Policy in effect at that time. Your continued dealings with New District subsequent to any changes to this Privacy Policy will signify your consent to the collection, use, disclosure, retention and deletion of your personal information in accordance with the changed Privacy Policy. Accordingly, you should check the “Last Updated” date of this Privacy Policy (at the top of this Policy) and review any changes since the last version.

New District

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