FISHER & PAYKEL APPLIANCES CANADA INC. ONLINE TERMS AND CONDITIONS
Effective from September 2020.
THESE WEBSITE TERMS AND CONDITIONS OF USE (“Terms and Conditions”) ARE ENTERED INTO BY AND BETWEEN YOU AND FISHER & PAYKEL APPLIANCES CANADA INC. (“Company”, “we”, “us”, “our”). THIS PAGE CONTAINS VERY IMPORTANT INFORMATION ABOUT US AND REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MAY APPLY TO YOU. PLEASE READ IT CAREFULLY.
OU MAY NOT USE THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (I) AT LEAST 18 YEARS OF AGE OR (II) LEGAL AGE TO FORM A BINDING CONTRACT WITH US, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, PRODUCTS OR SERVICES BY APPLICABLE LAW.
THESE TERMS AND CONDITIONS GOVERN YOUR ACCESS AND USE OF OUR WEBSITE INCLUDING FUNCTIONALITY, CONTENT, AND SERVICES OFFERED ON OR THROUGH OUR WEBSITE, WHETHER AS A GUEST OR REGISTERED USER, AND APPLIES TO THE USE OF ANY SERVICES MADE AVAILABLE THROUGH THIS WEBSITE. BY USING OUR WEBSITE , YOU WILL BE DEEMED TO HAVE ACCEPTED THESE TERMS AND CONDITIONS. IF YOU DO NOT WANT TO AGREE TO THESE TERMS AND CONDITIONS, YOU MUST NOT USE OR ACCESS OUR WEBSITE.
WHO WE ARE AND HOW TO CONTACT US
We operate the Website https://www.dcsappliances.com/ca/. We are Fisher & Paykel Appliances Canada Inc., a company registered in British Columbia, Canada, under entity number BC0819322and registered in Ontario under entity number OCN 1763748 and with our registered office and main trading address at 4800 Eastgate Parkway, Unit 2, Mississauga, ON, L4W 3W6, Canada.
If you would like to contact us for any reason, including because you have any complaints, please phone 1-888-936-7872 or email: email@example.com or firstname.lastname@example.org or fax: 1-800-547-1971.
If we have to contact you we will do so by phone, email or prepaid post to the address you provide to us. If we have to give you notice in writing, we will do so by email or pre-paid post as above.
Your use of our Website is also subject to our Website Terms and Conditions of Use. Please take the time to read our Website Terms and Conditions of Use.
WEBSITE TERMS AND CONDITIONS OF USE
1. Limitation on Use
This Website may only be used in accordance with these Website Terms and Conditions (which may change from time to time), and for non-commercial purposes only.
We may stop the operation of the Website in full or in part at any time. We may change, suspend or end any service, or change and modify prices prospectively at our discretion. The Website or any related software on the Website is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law.
You may use our Website only for lawful purposes and by using the Website, you agree that you will abide by all applicable federal, state and local law, rules and regulations, or the orders of any federal, state or local government. You may not use our Website:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of our Website in
- Not to access without authority, interfere with, damage or disrupt:
- any part of our Website;
- any equipment or network on which our Website is stored;
- any software used in the provision of our Website; or
- any equipment or network or software owned or used by any third party
We do not guarantee that our Website, any content on it or any service it provides will always be available or uninterrupted. We may suspend, withdraw or restrict the availability of all or any part of our website for business or operational reasons.
2. Suspension and termination
We will determine, in our discretion, whether there has been a breach of these Website Terms and Conditions through your use of our Website. When a breach of these Website Terms and Conditions has occurred, we may take such action as we deem appropriate.
Failure to comply with these Website Terms and Conditions constitutes a material breach, and may result in our taking all or any of the following actions:
- Immediate, temporary or permanent withdrawal of your right to use our Website;
- Immediate, temporary or permanent removal of any posting or material uploaded by you to our Website;
- Issue of a warning to you;
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
- Further legal action against you; or
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
The responses described above are not limited, and we may take any other action we reasonably deem appropriate.
3. Limitation of Liability; Disclaimers
Our Website tells you about Fisher & Paykel, our business and products and services and the terms and conditions on which we sell products and services to you.
WHILE WE ENDEAVOUR TO PROVIDE ACCURATE AND UP TO DATE INFORMATION, ERRORS AND OMISSIONS MAY OCCUR. TO THE EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND DO NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE WEBSITE, OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES ON THE WEBSITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED. THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND HEREUNDER, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. WITHOUT LIMITATION, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL GUARANTEES AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUS (OR ANY SIMILAR THREATS) AND/OR AVAILABILITY. WE DO NOT WARRANT THAT THE WEBSITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, OR OUR SERVERS OR ELECTRONIC COMMUNICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
IF YOU ARE USING OUR WEBSITE OR ANY OF OUR PRODUCTS AND/OR SERVICES FOR PERSONAL OR DOMESTIC USE, NOTHING IN THESE TERMS AND CONDITIONS IS INTENDED TO EXCLUDE ANY RIGHTS THAT YOU MAY HAVE UNDER ANY RELEVANT LAW.
The negation of damages set forth above are fundamental elements of the basis of the bargain between you and us. This Website and the information would not be provided without such limitations. No advice or information, whether oral or written, obtained by you from us through the Website shall create any warranty, representation or guarantee not expressly stated in this agreement.
4. Changes to Website
We may update our Website from time to time, including without limitation, updating our prices and the products and services that are offered on our Website.
5. Intellectual Property
All intellectual property rights in this Website, and all derivative works based thereon, are owned by Fisher & Paykel or our licensors.
No part of this Website, including but not limited to, the trademarks, logos, names and product listings, may be copied, extracted or otherwise reproduced, in any form whatsoever, without the express written consent of Fisher & Paykel (and/or, if applicable, the licensor). You do not acquire ownership rights to any content, document or other materials viewed through the Website. The posting of information or materials on the Website does not constitute a waiver of any right in such information and materials.
This Website may contain hyperlinks to other websites. Those links are included for convenience only and we do not endorse the content of those third party websites. You understand that we do not operate or control the products or services offered by third party websites. Your access to and/or use of those websites is at your own risk. We make no warranties or representations, express or implied, whether by statute, common law, custom, usage or otherwise, as to third party content including, without limitation, non-infringement of third party rights, title, integration, risks of program errors, corruption, viruses, hacking, intrusions, damage to equipment, loss of data, or unavailability or interruption of the Website or operations, however caused, accuracy, availability, satisfactory quality, and merchantability or fitness for any particular purpose.
7. Login Details and other Security Information
Depending on which aspects of our Website you use, we may provide personalized security information for the Website, including without limitation, any login and/or username to you from time to time. You must treat all such security information as strictly confidential, and not disclose it to anyone. Any such security information which is generated by us and supplied to you remains our property.
We are entitled to rely on the provision of your security information without further enquiry, as evidence of your identity, authority to use the relevant part of our Website and/or place orders. As a result, to the extent permitted by law, you accept responsibility for all activities that occur under your security information.
You agree to notify us immediately if you have any reason to believe that your security information has become known to anyone else, or if your security information is being, or is likely to be used in an unauthorized manner. Such notice will not release you from your obligations in relation to your security information.
BY USING OUR WEBSITE AND SERVICES, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD FISHER & PAYKEL, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE WEBSITE, OUR PRODUCTS OR SERVICES, OR ANY ACTION TAKEN BY US AS PART OF OUR INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF OUR FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM FISHER & PAYKEL, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO ITS WEBSITE, PRODUCTS OR SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF FISHER & PAYKEL’S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
1. Goods Not for Resale or Export
You agree to comply will all applicable laws and regulations of the various provinces and of Canada. You represent and warrant that you are buying products or services from this Website for your own personal, family, or household use only, and not for resale or export.
2. No Waivers, Severability and Entire Agreement
3. Amendment and Assignment
We amend these Terms and Conditions from time to time without prior notice, in our sole discretion. Please look at the top of this page to see when these Terms and Conditions were changed. You will be subject to the latest version of the Terms and Conditions in force at the time that you use our Website and/or place an order for products and/or services via our Website.
We may transfer our rights and obligations under any order accepted by us to another organization, but this will not affect your rights or our obligations under these Terms and Conditions.
4. Governing Law
These Terms and Conditions are governed by the laws of Ontario, Canada. This means any dispute or claim arising out of or in connection with them will be governed by the laws of Ontario, Canada. You and we both agree that the Courts of Toronto, Ontario, Canada will have non-exclusive jurisdiction, subject to the terms set forth herein below.