Terms of Use
Effective Date: May 29, 2023
Welcome to AXS World website (“AXS”, “We”, “Us”, “Our”).
PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE YOU ACCESS AND USE THE WEBSITE AND ITS CONTENT, TOOLS, AND SERVICES (TOGETHER, THE "SITE").
IF YOU DO NOT AGREE WITH THESE TERMS OR WITH THE TERMS OF THE PRIVACY NOTICE, PLEASE DO NOT CONTINUE USING THE SITE.
These Terms set out the legally binding terms of service for your access and use of the Site. By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you" or "your" etc.) agree to be bound by these Terms, including any additional terms and conditions and policies referred to in these Terms. These Terms apply to all users (including businesses, organizations, and individuals) who visit or use the Site, and to users who browse the Site even if not using the services available on the Site.
By accessing or using the Site, you accept any modifications that we may make to these Terms from time to time at our sole discretion. The most current version of the Terms (listed on the top of this page as the Effective Date) will govern your use of the Site at the time of your visit. The current version of the Agreement supersedes all earlier versions and comprises the entire agreement between you and AXS World regarding your access to and use of the Site. It is your responsibility to review the most recent version of the Terms frequently and remain informed about any changes to it.
1. Eligibility
a) The Site is intended solely for persons who are 13 years of age or older and who have legal capacity to use the Site under applicable law in the jurisdiction from which they are accessing it. Any access to or use of the Site by anyone under 13 years of age is expressly prohibited. By accessing or using the Site you represent and warrant that you are 13 or older, allowed to use the Site under applicable law, and that all registration information you submit is accurate and truthful. AXS World may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and may change its eligibility criteria at any time without notice to you.
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b) Use of this Site by bots or other means for competing and/or commercial purposes (including, without limiting the foregoing, for purposes of gathering info and/or using data published on the Site) other than for the purpose for which it is made available, is strictly prohibited.​​
2. The Site
You use the Site at your own risk. By default, all sharing through the Site is public and you may lose any proprietary, intellectual property, and privacy rights you might have regarding that content.
3. Content
By uploading Content to the Site you represent and warrant that you own and/or have the right to use such Content in this manner and that such Content does not infringe any third party intellectual property rights, including by way of promoting the Site and/or AXS World.
AXS World does not claim ownership rights in your Content. You hereby grant AXS World a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable and transferrable right to exercise the copyright, trademark, and publicity rights you have in the Content, in any form or medium available now or in future. You agree to allow Us to use, store, or re-format your Content on the Site and display and edit your Content on the Site in any way We may choose.
You are not permitted to copy, reproduce, reuse, retransmit, adapt, publish, frame, post, upload, distribute, modify, broadcast or make derivative works of any Content of other users in any way, including for any public or commercial purpose whatsoever, without the prior written consent of AXS World or the lawful owners of such materials.
4. Indemnity
You agree to indemnify and hold Us and Our officers, directors, shareholders, agents, employees, consultants, affiliates, subsidiaries and third-party partners harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of your representations and warranties or these Terms, or the documents it incorporates by reference into these Terms, your use of Our Site or reliance on anything on the Site, your violation of any law, statute, ordinance or regulation or the rights of a third party.
5. Warranties
a) Your use the Site is at your own risk. Our Site is provided to you "as is" and on an "as available" basis. We explicitly disclaim all warranties and conditions of any kind, whether express, implied or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We disclaim any warranties regarding the security, reliability, timeliness, and performance of Our Site. We disclaim any warranties for any information or advice obtained through Our Site. In addition, no advice or information (oral or written) obtained by you from Us shall create any warranty. You understand and agree that you obtain data through the use of Our Site at your own discretion and risk and that you will be solely responsible for any consequences, losses, or damages that you may directly or indirectly incur or suffer as a result from attaining such data.
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b) Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. We strive to protect such information, but We do not warrant and cannot ensure the security of any information that you transmit to us directly on or though the Site or by email. Accordingly, any information that you submit to us is submitted at your own risk. Nevertheless, once We receive your information, We will take reasonable steps to preserve the security of such information.
6. Limitation of Liability
You agree that in no event shall AXS World be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if AXS World has been advised of the possibility of such damages), arising out of or in connection with your use of or inability to use Our Site.
7. Modifications; No Guarantee
We reserve the right at any time or times to modify or discontinue, temporarily or permanently, all or any portion of Our Site with or without notice. You agree that We shall not be liable to you or to any third party for any modification, suspension or termination of the Site (including, without limiting the foregoing, if we decide to remove any information published by You and/or referral to your products, sites, or services, and/or if we change the way or order information), and that We do not guarantee continuous, uninterrupted access to the Site as the operation of the Site may be interfered with by numerous factors outside AXS World’s control or otherwise.
8. AXS World’s Intellectual Property
The Site, and in connection therewith, any graphics, videos, logos, designs, page headers, button icons, scripts, code, texts, and service names and trademarks of AXS World and all other intellectual property rights embodied in and/or appearing in the Site, are the sole property of and/or used under license by AXS World, and may not be used, copied, altered, reverse engineered, distributed and/or tampered with, including without limiting the foregoing as part of trademarks and/or as part of domain names or email addresses, by any third party for any purpose.
9. Miscellaneous
We shall be excused from performance hereunder to the extent that performance is prevented, delayed or obstructed by causes beyond Our reasonable control. If any provision of these Terms is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms shall continue in full force and effect. These Terms shall be governed by and construed under the laws of the Province of Ontario, and the federal laws of Canada applicable in Ontario, without reference to its conflict of law principles. Each party agrees to submit to the exclusive and personal jurisdiction of the courts located Toronto, Ontario. The failure of AXS World to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. You may not assign or otherwise transfer any of your rights hereunder without Our prior written consent, and any such attempt is void. The relationship between Us and You is not one of a legal partnership relationship, but is one of independent contractors. These Terms shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto.
Privacy Notice
Effective Date: May 29, 2023
Your privacy is important to us. All terms not defined in this Privacy Notice (“Privacy Notice”) have the meaning defined in the Terms of Use.
This Privacy Notice describes the policies and practices of AXS World in connection with the collection, use and disclosure of information provided to Us, collected by Us or that may be generated by Your use of the Site. Please review this Privacy Notice carefully before making any use of the Site. Every time You use the Site, you consent to Our collection, transfer, storage, disclosure and other uses of your Personal Information as described in this Privacy Notice.
"Personal Information" means information that identifies You or that We or others can use to identify an individual. Except as described in this Privacy Notice, We will not share, give, sell (unless as part of the acquisition of AXS World), rent or loan any Personal Information to any third party. Personal Information does not include "Usage Data" which We define as aggregated or anonymized information that We may collect about You in which You are referenced or to which You belong, or a set of features or users which does not contain Personal Information. In addition to collecting and using Usage Data ourselves, We may share Usage Data with third parties for various purposes. We do not share Usage Data with third parties in a way that, to Our knowledge and in Our reasonable assessment, would enable them to identify You personally, except for certain analytical purposes as outlined in this Privacy Notice.
1. What Information We Collect
When you visit Our Site We may collect information regarding your visit from your computer, tablet, or mobile phone, such as information provided to Us through your browser. Such information helps Us determine how you found Our Site, the date that you visited Our Site and search engines that may have led you to Our Site. We collect this information and use it in order to continually improve and enhance the functionality of the Site. The information collected is non-identifiable. If you email Us, We may ask You for and You may provide Us with certain information which identifies You, such as your name and email address. We may also retain the content of your messages, either to Us and/or other users at the Site, and Our response to You for our records. Except as explained in this Privacy Notice, We will not give such information to third parties without Your approval. Except as described in this Privacy Notice, We do not collect or require you to furnish personally-identifiable information. You may choose not to provide such information, in which case you may be limited in the use of the Site. Please note that in certain cases, if you decide not to provide such information or enable certain features you might not be able to complete the applicable registration process at all.
Usage Data. We may use statistical data, analytics, trends and usage information derived from your use of the Site. Some ways We use the Usage Data include operating, improving and personalizing the Site and Our offerings, as well as other products and services. We may share Usage Data with third parties, including users, for various purposes including but not limited to Our own commercial benefit.
Other Data. We may also collect other information about you which does not identify you personally, such as the type of browser and operating system you use; your Internet protocol addresses (including any host name or geographic information associated with these addresses); and information related to your computer or device system configuration. We may use "cookie" technology (as defined below), web beacons, and log file information to purposes such as: (a) collect website users' usage data to enable easy access to the Site and otherwise improve the Site; (b) provide custom, personalized content and information; (c) monitor the effectiveness of the Site; (d) monitor aggregate metrics such as total number of visitors and pages viewed; (e) track your entries and submissions to the Site; and (f) generate "analytics" data for Our own use. Please note: most Internet browsers automatically accept cookies. You should change your browser settings if you do not wish to accept cookies from Us on your computer.
A cookie is a small information file that is sent to your computer, mobile or other device when you visit a website and it will recognize your device on future visits. These types of files do a number of different jobs such as remembering your preferences and chosen items, assisting you to improve your site experience as well as trying to ensure that the adverts or offers you see online are more relevant to you. You can change the settings on your browser to prevent cookies being stored on your computer or mobile device without your explicit consent. Your browser “help” section will provide details on how to manage the cookie settings.
2. How We Share Your Personal Information
We disclose Personal Information, and information gathered by means of cookies, to those of our employees and service providers, such as customer support, data management, and technical infrastructure services, and who: (a) need to know this information in order to process it on Our behalf, or to provide services offered through the Site; and (b) have agreed not to disclose it to others or to use it for any purpose other than that for which We engaged them. We may also disclose your Personal Information to third parties: (i) in the event that We sell or buy any business or assets; and (ii) if We or substantially all of its assets are acquired by a third party, in which case Personal Information which we hold about users may be one of the transferred assets. By using the Site, you consent to the transfer of your Personal Information to those service providers. We shall not sell or make available the Personal Information to anyone other than to our employees and service providers as described in this Privacy Notice. We may also disclose your Personal Information to third parties (a) to comply with any applicable law, regulation, legal process (including any court order) or governmental request, (b) to perform certain administrative functions consistent with Our Privacy Notice on Our behalf, (c) to protect the safety of Our employees and Our property, and (d) in connection with the enforcement of this Privacy Notice and the Terms of Use.
3. How Can Users Protect their Privacy
If you are a registered user, your personal account for use of Our Site is password-protected for your privacy and security. At all times, you will need to protect your password and limit access to your computer or any other device through which you log on to the Site, to prevent unauthorized access to your account and Personal Information. When you submit or make available of your Personal Information and other information through Our Site, you are consenting to Our collection, use and disclosure of such information pursuant to this Privacy Notice.
4. Opt-In Options and Unsubscribing
You may be asked to allow us to use your email address in order to present you, from time to time, via email communication, with news and updates about Our Site and service offerings, as well as other marketing communications material and promotional offers from AXS World or third parties ("Opt In"). If, following your original consent you wish, at any time, not to receive from such communications material from Us, or ask Us to stop providing some of the communications to you, you can opt-out by following the "Opt-Out" instructions available at the bottom of each such communication or by sending Us an email to contact@axs.world requesting removal of your email address from such mailing lists. Please be sure to include your full name and email address and indicate what type of communications you do not wish to receive. We will take appropriate steps to fulfil your request; however, please note that it may take a few days or longer to process your request during which time you may still receive marketing communications material from Us.
5. Data Retention
We will retain Personal Information which pertains to you for as long as needed to provide any services on our Site which Our Users may be using, subject to the compliance with this Privacy Notice. We may further retain and use this Personal Information as necessary to comply with Our legal obligations, maintain accurate accounting, financial and other operational records, resolve disputes, and enforce Our agreements. If you decide to terminate your account with us, copies of your profile information may remain on back-up media.
6. Updates to This Privacy Policy
We may revise this Privacy Notice from time to time. The most current version of the policy will govern Our use of Your information. This Privacy Notice is current as of the Effective Date listed on the top of this page. Changes to this Privacy Notice will take effect immediately upon posting. By continuing to use the Site following such changes, you will be deemed to have agreed to the Privacy Notice in force at the time of your visit. Substantive changes will be communicated to you by email and will take effect on the date indicated in those communications. If you do not agree with the terms of this Privacy Notice and the Terms of Use, please do not continue using the Site.
7. How to Contact Us
If you have any questions or comments about this Privacy Notice, please contact Us by email at info@axsert.com Questions or comments submitted through other means may not be received or addressed.
Accessibility Statement
AXS World is committed to ensuring digital accessibility to all users regardless of ability. We are continually improving the user experience for everyone and applying the relevant accessibility standards. We aim to adhere as closely as possible to the Web Content Accessibility Guidelines (WCAG 2.0, Level AA), published by the World Wide Web Consortium (W3C). These guidelines explain how to make Web content more accessible for people with disabilities.
Our accessibility tests on the site’s pages include (but are not limited to) testing correct heading structure, good keyboard operability, sufficient color contrast, and screen reader support. We test our pages with NVDA screen reader on Windows desktops and with VoiceOver screen reader on mobile iOS devices.
We are aware of some areas on the website where we could improve accessibility. We are continually seeking out solutions that will bring all areas of the site up to the same level of overall web accessibility.
Feedback
We welcome your feedback on the accessibility of AXS World. Please let us know if you encounter accessibility barriers on www.axsert.com by sending an e-mail to: info@axsert.com