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Terms & Conditions

Purchase Terms and Conditions

INFIPUR INC. (the "Seller")

 

  1. Acceptance of Terms and Conditions

(1) The use of this site is governed by the policies, terms and conditions set forth below. Please read them carefully.

(2) This is an Agreement between you and Seller. Each time you use this site you signify your acceptance of, and your agreement to be bound by, the terms and conditions of this Agreement as they read at that time. Seller reserves the right, in its sole discretion, to make changes to this site and to revise these terms and conditions from time to time and at any time by posting them on this site. The revised terms and conditions shall supersede any prior terms and conditions. If you do not agree with all terms and conditions of this Agreement, do not use this site. By using this site after revised terms and conditions have been posted, you signify your acceptance of, and agreement to be bound by, the revised terms and conditions. Your submission of any purchase order to Seller confirms your acceptance of the terms and conditions applicable at that time. You may not change this Agreement or its terms and conditions in any manner.

  1. Permission to Use the Site

 (1) Seller operates this site from its offices within Canada. If you live in a jurisdiction where access to or use of this site or any part of it may be illegal or prohibited, do not use this site. You are responsible for compliance with all applicable laws and for determining whether you may legally use this site.

(2)            You may use this site only if: (a) you have reached the age of majority in the jurisdiction where you live; and (b) you are able to form legally binding contracts under applicable law.

  1. Account Username and Password

In connection with the use of this site, you may be required to register for a username or obtain a password prior to using the site. You acknowledge and agree that (a) you are responsible for maintaining the security and confidentiality of your username and password, (b) you will not use any other person’s username and password to access this site, (c) you will not permit others to access your account, and (d) you will not sell, trade, or otherwise share your username and password with any other person. If you violate any of these provisions, you agree that you are responsible for any actions that occur through your account, whether or not taken by you.

  1. Term and Termination

(1) Any username and password shall be and shall remain the property of Seller and may be cancelled or suspended at any time by Seller in its sole and absolute discretion and without any notice or liability to you or any other person.

(2) Seller reserves the right, in its sole discretion, to restrict, suspend, or terminate your account, with or without cause. You may, in your sole discretion, terminate your account upon forty-eight (48) business hours’ prior written notice to Seller.

  1. Seller's Privacy Policy

 (1) Seller collects, uses and discloses personal information in accordance with Seller's Privacy Policy [insert link here].

(2) Seller's Privacy Policy may be revised from time to time by Seller in its sole discretion without any notice to you by making the revised Privacy Policy accessible through this site.

(3) By using this site, you consent to the collection, use and disclosure of your personal information by Seller in accordance with the Privacy Policy as it reads at that time.

  1. Email Communication etc.

(1) To keep you informed about its products, Seller may notify you of current promotions, specials and new additions to the Seller's site by sending an email to you. By using this site, you expressly give your consent to receiving commercial electronic messages from the Seller, including email and text messages to your email address(es) and cell phone. You may withdraw consent by sending an email indicating that you withdraw your consent and permission to: unsubscribe@infipur.com or by following the unsubscribe instructions in any email received.

(2) When entering any of Seller's contests or prize giveaways, you provide your name, email address and mailing address. By entering our contests or prize giveaways, you expressly give your consent and permission to receiving send commercial electronic messages from the Seller, including email and text messages to your email address(es) and cell phone. If you win, Seller will send the prize to the address entered and notify you by email. You may withdraw consent by sending an email indicating that you withdraw your consent and permission to: unsubscribe@infipur.com or by following the unsubscribe instructions in any email received.

  1. Copyright and Trademark Notice

(1) This site is owned and operated by Seller. Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons and images, as well as the selection, assembly and arrangement thereof, are the sole property of Seller, Copyright Notice: © 2017 INFIPUR INC., ALL RIGHTS RESERVED. All audio and video clips are the sole property of Seller or Seller's content providers. All software used on the site is the sole property of Seller or those supplying the software. You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any form or by any means without Seller's prior, espress written permission.

(2) All rights not expressly granted in this Agreement are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

(3) NEAT JUG™ and the NEAT JUG logo are registered trademarks, trademarks or service marks of Seller or are used under licence by the Seller. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Seller. All other trademarks or service marks are property of their respective owners and are used under licence as indicated. The use of any Seller trademark or service mark without Seller's prior, express written permission is strictly prohibited.

  1. User Conduct

You may not engage in any of the following prohibited activities:

(a)        copying, distributing, or disclosing any part of the site in any medium, including without limitation by any automated or non-automated "scraping,"

(b)       attempting to interfere with, compromise the system integrity or security,

(c)        interfering with the proper working of the site,

(d)       using the site for any commercial solicitation purposes, or

(e)        bypassing or attempting to bypass the measures Seller may use to prevent or restrict access to the site, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the site or the content therein.

  1. Indemnification

You agree to indemnify and hold Seller, its parents, subsidiaries, affiliates, joint ventures, and third-party service providers, and each of their respective officers, directors, employees, agents, shareholders, content licensors, suppliers, and contractors harmless from and against any and all liabilities, claims, expenses (including reasonable legal fees), damages, suits, costs, demands, and judgments made by any third party arising from or related to: (a) your use of this site or any content you obtain through this site; or (b) your failure to comply with these terms and conditions including, but not limited to, your violation of any laws or any rights of another individual or entity.

  1. Warranty, Disclaimer and Limitation of Liability as to Products Sold

(1) All of Seller's products have a Limited Ten-Year Warranty, details of which may be accessed here [insert link].

(2) EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, SELLER MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THE SELLER'S SITES. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, SELLER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THIS SITE, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO SELLER ARISING FROM ANY PRODUCT SOLD ON THE SELLER'S SITES SHALL BE THE PRICE OF THE PRODUCT ORDERED. IN NO EVENT SHALL SELLER, ITS DIRECTORS, OFFICERS, EMPLOYEES AND REPRESENTATIVES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES RELATED TO PRODUCTS SOLD.

  1. Disclaimer and Limitation of Liability as to the Seller's Websites

THE SELLER'S SITES AND THE MATERIALS THEREIN ARE PROVIDED "AS IS". SELLER MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO SELLER'S SITES, THEIR OPERATION, CONTENTS, INFORMATION OR MATERIALS. SELLER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITES OR THEIR USE, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT SELLER, ITS DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR DAMAGES ARISING FROM THE OPERATION, CONTENT OR USE OF THE SELLER'S SITES. YOU AGREE THAT THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.

  1. Accuracy of Your Information

(1) All information you provide to Seller through this site must be true, accurate, current and complete. This includes your registration, payment and delivery information. Seller will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage, and additional costs incurred by you, Seller or any other person as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration, payment and delivery information.

  1. Order Acceptance Policy

(1) Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. A properly completed and submitted order form from you constitutes your offer to purchase the products set out in your order. Your order will be deemed to be accepted only if and when Seller sends a shipping notice by email to you. The shipping notice constitutes Seller's acceptance of your order and forms a legally binding contract with Seller, subject to Seller's cancellation and amendment rights herein.

(2) Seller reserves the right at any time after receipt of your order to accept, decline or cancel your order for any reason. Seller reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. If the price of any product you order was incorrectly displayed on this site, Seller shall have the right to refuse or cancel any orders placed for product listed at the incorrect price whether or not the order has been confirmed and whether or not your credit card has been charged or payment has been made by another method. If your credit card has already been charged or payment has been made by another method and your order is cancelled, Seller will issue a credit to you in the amount of the incorrect price or Seller will provide you with an opportunity to place an order at the correct price.

(3) Seller may require additional verifications or information before accepting any order over $500 (CDN).

 (4) Dealers, exporters, wholesalers or other customers who intend to resell the products offered by Seller may contact Seller in advance to discuss such transactions at: info@infipur.com.

  1. Payment Methods

Seller accepts Visa and MasterCard as well as payment through Paypal. Please be sure to provide your exact billing address and telephone number credit card bank or company has on file for you. Incorrect information may cause a delay in processing your order.

  1. Shipping Policy

Seller does not ship on Saturday or Sunday. Due to shipper restrictions Seller cannot deliver to P.O. boxes. All shipments are subject to stock availability. See further details in shopping cart check out section of site.

  1. Shipping Rates, Methods, and Terms

Shipping rates, methods, and terms are displayed on the site at the time orders are being places and vary depending upon destination. See details in shopping cart check out section of site.

  1. Sales Taxes etc.

Seller charges the applicable sales tax for orders to be delivered. Each customer shall be solely responsible for all sales taxes, other taxes, import and export charges and duties, as applicable.

  1. Return Policy

(1) Products may be returned to Seller for replacement or refund in the following manner: Returns to Seller must be made within thirty days of the invoice date. Before returning any item, you must contact our Returns Department at returns@infipur.com for a Return Merchandise Authorization number (RMA). No returns, of any type, will be accepted without an RMA number. The RMA number is good for only one item and must match the product authorized for return. RMA numbers are valid for ten business days and all returns must be received within ten days of obtaining the RMA number. You are responsible for shipping costs of all returns. All items may be returned if the box is unopened Non-defective items that have had their boxes opened will not be accepted by Seller for return. All refunds for non-defective items exclude shipping and handling charges. Please allow two to four weeks for refunds to be processed and credited to your account. In order to receive a refund, your purchase must be returned with shipping pre-paid. All items must be in "as-new" condition, in original packaging and with all warranty cards, manuals and accessories. The original packing slip must be included and the RMA number visible on the package. Any discrepancies could result in a delay or partial forfeiture of your refund. There will be a $       reboxing fee for products not returned in the original manufacturer's packaging. If part of a product becomes defective, the full product must be returned for credit or replacement.

(2) All returns must be sent via Purolator, UPS, FedEx or any other courier that issues a tracking number.

  1. Service and Support

All requests for service and support should be made directly to Seller at: service@infipur.com.

  1. Links

This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that Seller is not responsible for the operation of or content located on or through any such site.

  1. Submissions and Grant of Licence

(1) Seller does not solicit ideas, concepts, or other materials from you regarding improvement of the site or products sold through this site and you acknowledge that you are responsible for, and bear all risk as to the use or distribution of, any such ideas, concepts, or materials.

(2) In the event you submit ideas, concepts, or other materials to the Seller or the site, you grant to Seller an irrevocable, perpetual, royalty-free, worldwide, unlimited, assignable, fully-paid-up licence to copy, distribute, publish, prepare derivative works of, commercialize, retain, analyze, and otherwise use, in any way now known or in the future discovered and without any obligation to notify, identify, or compensate you or anyone else, any information, ideas, concepts, comments, feedback, content, and other materials that you submit, directly or indirectly, to Seller through this site, including, but not limited to, any ideas or suggestions regarding this site or the products sold by the Seller. By submitting such information or materials to us, you represent and warrant that your submission and Seller's use of your submission does not and will not breach any agreement, violate any law, or infringe any right of any third party (including, but not limited to, privacy and intellectual property rights), and that the information you submit is accurate.

  1. Severability

These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability for any other remaining provisions.

  1. Headings

The headings used in these terms and conditions are included for convenience only and will not limit or otherwise affect these terms and conditions.

  1. Entire Agreement and Enurement

The terms and conditions set forth above constitute the entire agreement between us relating to the subject-matter of this Agreement, and supersede any prior understandings or agreements (whether oral or written) regarding the subject-matter, and may not be amended or modified except in writing.

  1. Enurement

This Agreement shall enure to the benefit of and be binding upon each of the Seller and its successors, assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns and personal representatives.

  1. Assignment

Seller may assign this Agreement and its rights and obligations under this Agreement without your consent. You may not assign this Agreement or the rights and obligations under this Agreement.

  1. Governing Law and Dispute Resolution

This Agreement, your access to and use of this site, and all related matters are governed by the laws of the Province of Ontario, Canada and the federal laws of Canada applicable therein. You hereby irrevocably submit and attorn to the exclusive jurisdiction of the Courts of the Province of Ontario, sitting in the City of Hamilton, in respect of all disputes between you and Seller or any other person arising from, connected with or relating to this Agreement, your access to and use of this site, and all related matters.

 

Last Updated: August 29, 2017

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