Terms and Conditions of Use
The Terms and Conditions of Use (hereinafter defined), together with the Privacy Policy (hereinafter defined) and the Online Purchase Terms and Conditions (hereinafter defined) (together the "Agreement") constitute the entire Agreement between Water-Protec Distribution Inc. (hereinafter "Water-Protec") and the user of the Site (hereinafter defined) with respect to the terms and conditions of use of the water-protec.com website (the "Site") and all content of the Site operated by Water-Protec. This Agreement is for an indefinite duration and takes effect at the time the user accesses the Site.
The user acknowledges their understanding and acceptance of all the terms and conditions of use of the Site (hereinafter referred to as the "Terms") included in the Agreement. The Terms may be modified by Water-Protec, at its discretion and without notice. The user is invited to review the Terms periodically in order to be aware of any changes, if any.
The user consents that any communication with Water-Protec may be made electronically.
Links to other websites
In order to provide users with as much information as possible, Water-Protec may need to use third parties. Water-Protec assumes no responsibility and offers no warranty to the user as to the timeliness, accuracy or completeness of the information provided by such third parties. Any links to other websites provided on the Site should not be construed as an endorsement by Water-Protec of the content of such websites and Water-Protec disclaims all liability with respect to such other websites and any information that they may contain.
At any time, the user can verify whether they are browsing the Site or a third party site by checking the URL at the top of the screen.
GENERAL INFORMATION
The Site is the official Water-Protec website. No other website claiming to represent Water-Protec is authorized to do so and Water-Protec shall not be held responsible in any way for any other website.
The content of the Site is provided for informational purposes only and shall in no way constitute sufficient information on which the user may base transactions and/or decisions of any kind. The information presented on the Site cannot replace the advice of professionals.
Water-Protec makes no warranty as to the availability of the Site and reserves the right to terminate the Site or to modify, suspend or discontinue any aspect of the Site, at any time at its discretion and without notice. Water-Protec reserves the right to deny access to the Site to any user without notice and without providing any reason. Water-Protec may monitor the use of and access to the Site. The Site is provided on an "as is" and "as available" basis and cannot be modified by the user.
Where permitted by law, Water-Protec shall not be liable for any loss or inconvenience suffered as a result of the termination, modification, suspension or deletion of the Site, in whole or in part.
PROHIBITED USE OF THE SITE
The user shall not, including but not limited to the generality of the following, use or copy the Site or any part of the Site on any other website that they create or distribute, use the Site in any manner that could damage it, disable it, compromise its security or the security of any provider that may host it or its equipment, spread computer viruses, Trojan horses or any type of malicious software that may disrupt, destroy or place an unreasonable burden on the infrastructure of the Site, use the Site or its contents in such a way as to violate the rights of a third party (property right or otherwise), use the Site in a way that would be illegal in the user's territory, include on the Site content that is indecent, offensive, intimidating, harassing, defamatory, libelous, fraudulent, deceptive, threatening, vulgar, pornographic or sexually explicit, include on the Site content that would encourage a user to include proscribed content, disclose a person's personal information or images without that person's permission, use the Site to collect personal information (including email addresses) from its users without their consent, use the Site for commercial purposes other than those to be carried out with Water-Protec (including offering to sell goods or services or soliciting other users of the Site for any reason, commercial or otherwise) or mirror the Site.
COPYRIGHTS
All names, logos and designs related to Water-Protec appearing on the Site are trademarks, registered or not, and are the exclusive property of Water-Protec.
The Site and all of its contents are protected by copyright. All content appearing on the Site, (including titles, logos, icons, graphics, designs and other materials) is the exclusive property of Water-Protec or its suppliers and is protected by Canadian and international copyright laws. The user may not, without the written consent of Water-Protec, reproduce, copy, publish, communicate or use in any way the material, information and/or trademarks appearing on the Site. The user is granted a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to copy, download, display on their computer, print and use the content of the Site for informational purposes only, and only for their personal use.
PRODUCTS
Water-Protec wishes to provide the most accurate and complete information regarding the products it sells. However, Water-Protec does not warrant that the description of the products sold or any other content of the Site is accurate, complete, reliable, current or error-free. Nothing contained on the Site should be construed by the user as an endorsement of such products by Water-Protec or as constituting an association between Water-Protec and any product.
To the extent permitted by law, Water-Protec shall not be responsible for the use of such products by the user to prevent, diagnose or treat a particular medical condition.
PRICING POLICY
Prices and product availability are subject to change without notice. Although Water-Protec makes every effort to avoid pricing errors on the Site, typographical or pricing illustration errors may occur. Water-Protec reserves the right to make any necessary corrections and cannot be held responsible for such errors.
All prices displayed on the Site are in Canadian dollars and exclude delivery charges and applicable taxes (GST, QST, PST and/or HST), unless otherwise specified.
CONFIDENTIALITY AND PRIVACY
The user agrees and consents that any material, information or data sent to Water-Protec through the Site becomes the exclusive property of Water-Protec and further agrees that Water-Protec may use such information in accordance with its Privacy Policy. The user understands and agrees that they cannot assert any ownership rights whatsoever with respect to any such material, information or data. The user hereby waives all moral rights in favor of Water-Protec and the right to receive any financial consideration or other compensation.
Water-Protec may use the user's contact information and any information collected through the Site in accordance with its Privacy Policy, which forms an integral part of these Terms.
Water-Protec makes no representation and offers no guarantee as to the confidentiality of any information transmitted via the Internet, email and/or any other means of communication.
ACCOUNT AND PASSWORD
The user acknowledges that it is their responsibility to maintain the confidentiality of their account information and password. The user is responsible for any and all use of their account(s), whether or not expressly authorized by the user. The user is also responsible for maintaining the security and privacy of, and verifying the distribution of, account information such as account number, username, and password.
The user is responsible for the information they provide through the Site and must ensure that it is truthful, up-to-date and accurate. The user will be responsible for any loss, damage and additional costs that may be incurred by Water-Protec or any service provider as a result of false, erroneous, inaccurate or incomplete information.
Where permitted by law, all liability related to the management of passwords rests with the user and under no circumstances, including negligence or misconduct, shall Water-Protec be liable for any damages arising out of the use of the user's account.
PURCHASES
Purchases made through the Site are subject to the Online Purchase Terms and Conditions, which form an integral part of these Terms.
DISCLAIMER
The Site and the elements it contains are provided on an "as is" and "as available" basis. Water-Protec makes no representations or warranties, express or implied, including but not limited to the operation of the Site, the information it contains, products or services offered on the Site. Subject to any public policy legislation and limitations of applicable laws to the contrary, Water-Protec cannot be held liable and makes no warranties, including but not limited to warranties of merchantability and/or fitness for a particular purpose. In addition, Water-Protec makes no representations regarding the use, validity, accuracy or reliability of the elements reproduced on the Site or the results that may be obtained from the use of such elements. While Water-Protec makes every effort to ensure that the Site is error-free, Water-Protec assumes no responsibility or liability for any errors that may appear on the Site. Water-Protec does not guarantee the absence of viruses or other harmful components on the Site, its servers or through email from Water-Protec. Water-Protec, its directors, employees, representatives or agents shall in no event be liable for any damages related directly or indirectly to the use of the Site, including but not limited to loss of data or profit resulting from the use of or inability to use the Site.
Water-Protec is not responsible for any damage and/or claim related to the misuse of the product, abuse of the product, modification of the product, wrong choice of product or misappropriation.
If the user suffers any prejudice or disagrees in any way with these Terms, the user is invited to leave the Site without delay.
APPLICABLE LAWS
The Agreement and the content of the Site are governed by the laws of Quebec and the federal laws applicable in Quebec, and any dispute arising therefrom shall be submitted to a court of competent jurisdiction in the judicial district of Longueuil to the exclusion of all others.
In the event that any particular provision is found to be invalid by a court of competent jurisdiction, such invalidity shall in no way affect the spirit or scope of these Terms, all other provisions of which shall otherwise remain in full force and effect.
The failure to exercise any of its rights shall not be construed as an express or implied waiver by Water-Protec of any future exercise of such right or any other right provided for in these Terms.
Effective: March 2020
Online Purchase Terms and Conditions
Any purchase made through the water-protec.com website (hereinafter referred to as the "Site") by you (hereinafter referred to as "you") is subject to the following terms and conditions (hereinafter referred to as the "Purchase Terms"). These Purchase Terms may be modified without notice at any time by Water-Protec Distribution Inc. (hereinafter referred to as "Water-Protec"). The most recent version of the Purchase Terms in effect at the time you place an Order (as defined below) on the Site will apply to that Order.
RESTRICTIONS
The legal capacity to contract and place an online order in your country and province as well as a billing address in Canada is required to make any purchase through the Site and for deliveries.
ORDERS
Any product order submitted through the Site constitutes your Order (hereinafter referred to as an "Order").
All Orders must be paid by credit card. Acceptance of the Order by Water-Protec is subject to the approval of the credit card financial institution and Water-Protec shall not be responsible for the financial institution's refusal to approve the transaction.
Water-Protec does everything in its power to have at its disposal the products advertised on the Site. However, as the availability of products may vary, Water-Protec does not guarantee that the product will be available for immediate delivery. In such cases, Water-Protec will communicate with you, by telephone or email, to inform you of the time frame for the next procurement.
Water-Protec reserves the right, without further notice, to modify or limit the quantities offered, or to cease offering one or more of the products offered on the Site.
ERRORS OR INACCURACIES
Water-Protec does everything in its power to ensure that the information provided on the Site is complete and accurate. However, errors or inaccuracies may occur. Water-Protec reserves the right to correct errors and inaccuracies and to update, without notice and at any time, the information on the Site regarding prices, availability and/or product descriptions.
PRICE
The price listed for each product is in Canadian dollars and does not include applicable federal and provincial taxes, delivery charges or customs clearance fees, if any, which are entirely your responsibility. The total amount of the transaction including applicable taxes and delivery charges is provided at checkout. You agree to pay the price in effect at the time of the transaction as well as all fees applicable to the Order.
Water-Protec offers no guarantee that the prices listed on the Site are the same as those offered at its place of business.
DELIVERY AND PICKUP
Full payment for the Order must be received by Water-Protec before proceeding to the delivery of the ordered products. Water-Protec will deliver the products included in the Order to the delivery address. Water-Protec delivers exclusively to Canadian provinces through Canada Post or another supplier of its choice. Canada Post or the selected supplier is responsible for the application of its delivery rules or standards. As soon as the Order is handed to Canada Post or the selected supplier, it becomes your property and Water-Protec shall not be held responsible for subsequent delays in delivery, loss or damage. Water-Protec will, however, use commercially reasonable efforts to deliver the products within a reasonable period of time.
Order pickup at the Water-Protec business establishment is free of charge. Water-Protec will notify you by phone or email as soon as pickup is available at the place of business. Following this notification, you will have fourteen (14) days to proceed with the pickup. Once this period has expired, Water-Protec cannot guarantee the availability of the product. A valid ID is required for pickup.
ORDER CANCELLATION
An Order may be cancelled before it is shipped. To cancel an order, contact customer service by phone at 450 724-8071 or by email at canada@water-protec.com.
Water-Protec reserves the right to cancel your order in the event of an inventory shortage and will communicate with you if necessary.
Where permitted by the law of the province where the Order originates, Water-Protec is released from any responsibility in case of inventory shortage and with respect to any damage that may result from any delay in delivery.
Furthermore, Water-Protec shall not be held liable for the total or partial non-performance of any obligation to you, nor for any damages or losses that may result therefrom, resulting from a case of force majeure.
DISCLAIMER
The Site and the elements it contains are provided on an "as is" and "as available" basis. Water-Protec makes no representations or warranties, express or implied, including but not limited to the operation of the Site, the information it contains, products or services offered on the Site. Subject to any public policy legislation and limitations of applicable laws to the contrary, Water-Protec cannot be held liable and makes no warranties, including but not limited to warranties of merchantability and/or fitness for a particular purpose. In addition, Water-Protec makes no representations regarding the use, validity, accuracy or reliability of the elements reproduced on the Site or the results that may be obtained from the use of such elements. While Water-Protec makes every effort to ensure that the Site is error-free, Water-Protec assumes no responsibility or liability for any errors that may appear on the Site. Water-Protec does not guarantee the absence of viruses or other harmful components on the Site, its servers or through email from Water-Protec. Water-Protec, its directors, employees, representatives or agents shall in no event be liable for any damages related directly or indirectly to the use of the Site, including but not limited to loss of data or profit resulting from the use of or inability to use the Site.
Water-Protec is not responsible for any damage and/or claim related to the misuse of the product, abuse of the product, modification of the product, wrong choice of product or misappropriation.
APPLICABLE LAWS AND SCOPE OF ONLINE PURCHASE TERMS AND CONDITIONS
The Agreement and the content of the Site are governed by the laws of Quebec and the federal laws applicable in Quebec, and any dispute arising therefrom shall be submitted to a court of competent jurisdiction in the judicial district of Longueuil to the exclusion of all others.
In the event that any particular provision is found to be invalid by a court of competent jurisdiction, such invalidity shall in no way affect the spirit or scope of these Purchase Terms, all other provisions of which shall otherwise remain in full force and effect.
The failure to exercise any of its rights shall not be construed as an express or implied waiver by Water-Protec of any future exercise of such right or any other right provided for in these Purchase Terms.
These Purchase Terms form part of and are subject to the "Terms and Conditions of Use" (including the "Privacy Policy").
RETURN AND WARRANTY
This return policy applies to online purchases made through the Site.
Water-Protec Distribution offers a full refund of the product if it is returned in the same condition as purchased within 30 days of purchase.
For any questions, comments or problems related to an order, please contact Water-Protec by phone at 450 724-8071 or by email at adressecanada@water-protec.com.
Effective: December 2020