Terms and Conditions of Website Use
Effective Date: January 1, 2025
Welcome to Appliance Shack ("the Website"). These terms and conditions ("Terms") govern your use of the Website, operated by Appliance Shack ("we," "us," or "our"), located in Ontario, Canada. By accessing or using the Website, you agree to comply with these Terms. If you do not agree to these Terms, please refrain from using the Website.
Contents
- Acceptance of Terms
- Changes to Terms
- Use of the Website
- Intellectual Property
- User-Generated Content
- Third-Party Links
- Disclaimer of Warranties
- Limitation of Liability
- Errors and Pricing
- Disclaimer
- Order Acceptance
- Indemnification
- Governing Law
- Termination
- Entire Agreement
- Contact Us
1. Acceptance of Terms
1.1 By using the Website, you confirm that you are at least the age of majority in your province or territory of residence and legally capable of entering into binding agreements.
1.2 These Terms constitute a legally binding agreement between you and Appliance Shack. If you do not meet these requirements, you must cease using the Website immediately. You acknowledge and agree that any unauthorized use of the Website constitutes a breach of these Terms.
2. Changes to Terms
2.1 We reserve the right to modify these Terms at any time without prior notice. Changes will be effective immediately upon posting on the Website.
2.2 It is your responsibility to regularly review these Terms to stay informed of any updates. Your continued use of the Website after changes are posted constitutes your acceptance of the modified Terms.
2.3 In the event of significant changes, we may notify users through email or other communication methods, though we are not obligated to do so.
3. Use of the Website
3.1 You agree to use the Website only for lawful purposes and in compliance with all applicable laws and regulations. Any misuse of the Website for illegal or unethical purposes is strictly prohibited and may result in immediate termination of your access.
3.2 You shall not:
- Use the Website in a manner that could disable, overburden, or impair the Website or interfere with any other party's use.
- Attempt to gain unauthorized access to the Website, other accounts, computer systems, or networks connected to the Website.
- Upload or distribute any material that contains viruses, malicious software, or harmful content that may disrupt the Website or compromise user data.
- Engage in any activity that is fraudulent, abusive, defamatory, or otherwise objectionable as determined at our sole discretion.
3.3 We reserve the right to monitor and log user activity on the Website to ensure compliance with these Terms and to maintain the integrity of the platform.
4. Intellectual Property
4.1 All content on the Website, including but not limited to text, graphics, logos, images, and software, is the property of Appliance Shack or its licensors and is protected by Canadian and international copyright laws.
4.2 You may not reproduce, distribute, modify, or create derivative works of the Website content without our prior written consent. Unauthorized use of the Website content may result in legal action.
4.3 Any trademarks, service marks, and logos displayed on the Website are registered and unregistered trademarks of Appliance Shack or its licensors. Any unauthorized use of the Website, its content, brands, or logos that may or may not be registered or trademarked is strictly prohibited.
4.4 The use of brands and/or logos, where used, are only meant to categorize or reference the item(s) or product the item is compatible with. The item may or may not be an original equipment manufacturer (OEM) product. All logos and brands referenced are the property of that company and are protected under applicable intellectual property laws.
5. User-Generated Content
5.1 If you submit content to the Website, such as reviews, comments, or other materials, you grant us a non-exclusive, royalty-free, worldwide, perpetual, and irrevocable license to use, reproduce, modify, adapt, publish, translate, and display such content in any media.
5.2 You represent and warrant that you own or have the necessary rights to submit the content and that it does not infringe on any third-party rights, including intellectual property rights.
5.3 We reserve the right to remove or modify any user-generated content that we consider inappropriate, unlawful, or in violation of these Terms, without prior notice.
6. Third-Party Links
6.1 The Website may contain links to third-party websites or services. These links are provided solely for your convenience and do not constitute our endorsement of the third-party content.
6.2 We are not responsible for the content, accuracy, or practices of third-party websites and encourage you to review their terms and privacy policies before engaging with them.
6.3 Any transactions or interactions with third-party websites are solely between you and the third party. Appliance Shack is not liable for any issues arising from such interactions.
7. Disclaimer of Warranties
7.1 The Website is provided "as is" and "as available" without any warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
7.2 We do not guarantee that the Website will be uninterrupted, secure, or error-free, or that any defects will be corrected.
7.3 You acknowledge that the use of the Website is at your own risk, and we make no guarantees regarding the accuracy or reliability of the information provided.
8. Limitation of Liability
8.1 To the maximum extent permitted by law, Appliance Shack and its affiliates shall not be liable for any indirect, incidental, special, or consequential damages arising out of or related to your use of the Website.
8.2 This limitation applies to damages arising from, but not limited to, loss of profits, data, goodwill, or other intangible losses, even if we have been advised of the possibility of such damages.
8.3 In no event shall our total liability exceed the amount you paid, if any, for accessing the Website. This limitation of liability is cumulative and not per incident.
9. Errors and Pricing
9.1 While we strive to ensure that all information on the Website is accurate, errors in pricing, descriptions, and availability may occur. We do not guarantee the completeness, reliability, or accuracy of this information.
9.2 Appliance Shack reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice. This includes the right to cancel orders if any information provided affects the order's fulfillment, such as pricing errors.
9.3 In the event of an error that affects an order, we will notify you and provide the option to proceed with the order under the corrected terms or to cancel it entirely. Appliance Shack is not liable for any inconvenience or loss resulting from such cancellations.
10. Disclaimer
10.1 The Website and all content, products, and services offered through it are provided on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, as to the operation of the Website or the information, content, materials, or products included on the Website.
10.2 To the fullest extent permissible by applicable law, Appliance Shack disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
10.3 Appliance Shack does not warrant that the Website, its servers, or email communications sent from us are free of viruses or other harmful components.
11. Order Acceptance
11.1 Upon placing an order, customers receive an order confirmation email. This email serves as an acknowledgment of the order request but does not confirm the acceptance of the order. Acceptance of an order occurs only when the merchant has verified the order details, including product availability, pricing accuracy, and payment confirmation.
11.2 It is important to note that certain conditions may affect order acceptance. For instance, if a product is found to be out of stock after an order has been placed, the merchant reserves the right to cancel the order and issue a full refund to the customer. Additionally, if there are discrepancies in pricing due to typographical errors or system malfunctions, the merchant will notify the customer and may cancel the order if the correct price is unacceptable to the customer.
11.3 Furthermore, the merchant maintains the right to refuse or cancel any order for reasons that may include, but are not limited to, the following:
- Product unavailability
- Inaccurate pricing or product description
- Suspicion of fraudulent activity
- Inability to verify customer information
11.4 By placing an order, customers acknowledge and agree to the terms outlined in this legal disclaimer regarding order acceptance.
11.5 In conclusion, while the order confirmation serves as an initial acknowledgment, the final acceptance of an order is contingent upon the merchant's verification processes. This ensures that both the merchant and the customer are aligned in their expectations regarding the order fulfillment process.
12. Indemnification
12.1 You agree to indemnify, defend, and hold harmless Appliance Shack, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, damages, liabilities, and expenses arising from your use of the Website, your violation of these Terms, or any third-party rights.
12.2 This indemnification obligation shall survive the termination of your use of the Website.
13. Governing Law
13.1 These Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada.
13.2 All legal proceedings related to any disputes, claims, or controversies that may arise from the use of our services or products shall be conducted in the jurisdiction of Barrie, Ontario, Canada.
14. Termination
14.1 We reserve the right to terminate or suspend your access to the Website at our sole discretion, without notice, for conduct that we believe violates these Terms, is harmful to other users or us, or violates applicable laws.
14.2 Upon termination, your rights to use the Website will immediately cease. Sections of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property, disclaimers, indemnification, and governing law.
15. Entire Agreement
15.1 These Terms constitute the entire agreement between you and Appliance Shack regarding the use of the Website and supersede any prior agreements, understandings, or representations.
15.2 If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions shall remain in full force and effect.
16. Contact Us
16.1 If you have any questions, concerns, or feedback regarding these Terms, please contact us at:
Appliance Shack
35011-420 Essa Rd
Barrie, Ontario, Canada L4N 5Z2
Email: webstore@applianceshack.com
Acknowledgment By using the Website, you acknowledge that you have read, understood, and agreed to these Terms and Conditions. Furthermore, you agree to periodically review these Terms to ensure you remain informed of any updates or modifications.