Website Terms and Conditions of Use
Acceptance of Terms
Welcome to pjur.ca and pjur.us (the "Website"). These Websites are owned and operated by WOW Tech™ Canada Ltd. and WOW Tech™ USA Ltd. or their subsidiaries and afﬁliates ("WT"). The use of these Websites is subject to the terms and conditions outlined below (the "Terms and Conditions").
PLEASE READ THE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THESE WEBSITES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS AND BY ANY AND ALL OTHER POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ANY OF THE TERMS AND CONDITIONS, OR YOU DO NOT BELIEVE THAT THEY ARE REASONABLE, YOU ARE NOT AUTHORIZED TO ACCESS THESE WEBSITES.
Age of Majority
In order to access the Website, you must be over the age of 18 or over the age of majority in the jurisdiction in which you reside and be lawfully able to accept the Terms and Conditions.
If you are using the Website on behalf of any entity, you must comply with the Terms and Conditions and be authorized to accept the Terms and Conditions on such entity's behalf.
You must not use the Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website, or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not conduct any systematic or automated data collection activities, including without limitation framing, scraping, data mining, data extraction and data harvesting on or in relation to the Website without WT's express written consent.
You must not use the Website for any purposes related to marketing any product that is not sold already through the Website by WT without WT's express written consent and in any event only as is provided below.
Website Content and Trade-Marks
pjur® as well as any other marks displayed on the Website, the look and feel of the Website, including all page headers, custom graphics, button icons and scripts of WT, and any other distinctive indicia of WT are registered and unregistered trade-marks owned by WT or the pjur® group (the "Trade-marks"). You may not use the Trade-marks in any manner including in any metatags or any other "hidden text" without WT's express written permission and except as provided below.
WT or the pjur® group own all rights, including intellectual property rights, in the Website including in all materials on or comprising the Website, including all information, data, design, images, sound, photographs, video, illustrations, links, icons, graphics, Trade-marks, headers, text and any object or source code utilized in the Website software, and any portion thereof (collectively, "Content"). All such rights are expressly reserved.
Reference by WT to any other trade-marks, products, services, processes or other information, by trade name, trade-mark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship or recommendation thereof by WT.
WT grants you a limited licence to view and browse the Website and to print individual pages from the Website for your own personal, non-commercial use, provided that you agree to and accept without modiﬁcation these Terms and Conditions. You may not modify, copy (except as set forth in the preceding sentence), distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content from the Website without the express written permission of WT. Your use of the Website constitutes your agreement and acceptance without modiﬁcation of the notices, terms and conditions set forth herein. WT reserves complete title and full intellectual property rights in any material that you may copy or print from the Website.
The Website contains links to third party websites that are not owned or controlled by WT. WT makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third party websites accessible by hyperlink from the Website, or websites linking to the Website. Such sites are not under the control of WT and we are not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. WT provides these links to you only as a convenience, and the inclusion of any link does not imply approval, afﬁliation, endorsement or adoption by WT of any site or any information contained therein.
When you leave the Website, you should be aware that while our Terms and Conditions, as well as our policies, still govern in respect of the Website, they are not applicable to third party websites. If you visit any of the linked sites, we urge you to review their respective terms and conditions as well as their policies on privacy and security.
Your participation, correspondence or business dealings with any third party found on or through the Website, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that WT shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
You may not use a screenshot of any WT or pjur® group Trade-mark, logo or other proprietary information, including the Content of this site, without WT's express written consent.
You may not use a Trade-mark of WT or pjur® group to link to the Website without the express written permission of WT. On receipt of that permission, the following terms and conditions apply:
- You can make a reference online to pjur or any of our Trade-marks to describe our products and services, but your reference must be truthful, and cannot suggest that you are afﬁliated or partnered with, approved, sponsored or endorsed by, WT.
- Textual references to pjur or our other Trade-marks should never be hyperlinked to anything but the pjur.ca or pjur.us home page or the speciﬁc pjur product page associated with the hyperlinked Trade-mark.
- Do not use any of our Trade-marks in a way that is deceptive, harmful, obscene or otherwise objectionable to WT.
- You may not present or feature our Trade-marks on websites containing content associated with pornography, gambling or illegal activities.
- You may not combine our Trade-marks, or any element of our Trade-marks, with your own name, mark or generic terms. To be clear, the Trade-marks must not be incorporated or used in any manner as part of, or in close proximity to, another company's name, domain name/website, product or service name, logo, trade dress, design, slogan or other trade-marks. The Trade-marks must never appear with any other symbol or icon (except the trade-mark symbols ® or ™), be contained within a box, circle, or other shape, or combined with any other name, logo or icon to create a co-branded logo.
- You may not use any other marks or logos to represent or reference our products or services.
- Do not use trade-marks, logos, or other content that are confusingly similar to the Trade-marks.
- Do not modify or alter the Trade-marks or use them in a way that is likely to create confusion between WT/pjur and any another brand or entity.
- You may not attempt to get rights in the Trade-marks, or any confusingly similar approximations, whether by trade-mark registration, domain name registration or otherwise. In the event that you do acquire any unauthorized rights in or to any Trade-marks, you must promptly assign them to us without compensation.
- We require the use of either the ® or the ™ trade-mark attribution symbols with our Trade-marks.
User Content: Privacy
In the Terms and Conditions, user content means material including, without limitation, text, images, audio material, video material and audio-visual material that you submit to the Website, for whatever purpose (collectively, "User Content"). You may be able to post or upload (in designated areas of the Website) User Content to the Website.
You represent and warrant that you own or have the rights to use and license WT to use the User Content in the manner contemplated by the Website and the Terms and Conditions.
You are solely responsible for your own User Content and the consequences of posting or publishing it. By uploading or posting User Content to the Website, you automatically grant WT a worldwide, irrevocable, non-exclusive, royalty free license to use, reproduce, modify, translate into different languages or formats, publish and distribute such User Content on the Website, or in any existing or future media, for the purpose of sharing the User Content with users and visitors of the Website and to promote the Website. You also grant to WT the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your User Content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or WT or a third party (in each case under any applicable law).
You must not submit any User Content to the Website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
WT reserves the right to edit or remove any material submitted to, hosted on or published upon the Website, or stored on WT's servers.
Your use of the Website is entirely at your own risk. All content on the Website is provided on an "as is" and "as available" basis. WT disclaims, and you hereby waive, any and all warranties, conditions and liabilities of any kind, whether express or implied, arising by operation of law or otherwise, with respect to the Website or any other Internet site linked to the Website and any content on the Website or any other Internet site linked to the Website, including implied warranties and conditions of merchantability, ﬁtness for a particular purpose, title and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade. WT does not warrant the accuracy, completeness, currency, reliability or suitability of the operation of the Website, or any of the content or data found on the Website.
WT is not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications.
WT assumes no responsibility, and shall not be liable for, any damages to, or any viruses affecting, your computer equipment or other property on account of your access to, use of, or browsing on the Website or your use, as permitted above, of any Content from the Website.
Nothing on the Website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any medical matter you should consult an appropriate professional.
Limitations of Liability
In no event shall WT, its directors, ofﬁcers, employees, afﬁliates, agents, subsidiaries, successors or assigns, subcontractors or other representatives ("Third Parties") be liable, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), strict liability or otherwise, to you or any other person for any loss (including any business loss, loss of revenue, income, proﬁts or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data) or for any damages (including, without limitation, any direct, indirect, incidental, special, exemplary, punitive or consequential damages) arising out of or in connection with any use of, inability to use, the Website or any content on the Website, even if WT or other Third Parties have been advised of the possibility of such damages.
IF YOU ARE DISSATISFIED WITH THIS INTERNET SITE AND THE CONTENT HEREON, OR THE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THIS INTERNET SITE.
If any portion of this limitation is found to be invalid or unenforceable for any reason, then WT's total liability to you shall in no event exceed ﬁfty dollars ($50).
Errors, Inaccuracies or Omissions
WT makes every effort to ensure that the Content on the Website is complete and current. However, WT does not guarantee that the information contained on the Website will not contain errors, inaccuracies or omissions. Such errors, inaccuracies or omissions may relate to price or to product description or availability. WT reserves the right to correct any error, inaccuracy or omission or to change or update the Content without prior notice to you.
Product Purchase Terms and Conditions
Products and Availability
The Website displays products available for purchase; however, not all products are available at all times and products may be changed, substituted or discontinued at any time. WT attempts to provide an accurate description of the products available for sale, but does not warrant the accuracy, completeness, reliability or currency of such descriptions.
While we use our best efforts to fulﬁll all orders, WT cannot guarantee the availability of any particular product displayed on the Website. WT reserves the right to discontinue the sale of any product listed on the Website at any time without notice.
Product prices offered on the Website may vary from other advertised prices due to varying conditions in different geographic markets. The prices displayed on the Website are quoted in CDN dollars or in US dollars depending on the jurisdiction from which you access the Website. Prices are valid and effective only within their respective Canadian or US jurisdictions, and such prices do not include shipping and handling (unless otherwise indicated) or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and taxes that may apply to your order.
WT accepts VISA and MasterCard credit cards. We do not accept cash, cheques or COD for online orders.
WT will use commercially reasonable efforts to deliver any ordered product as quickly as possible and within any time periods indicated. However, you acknowledge and agree that WT will not be held responsible for any delays in shipping or delivery.
WT warrants that the goods or services purchased hereunder will be free from defects in material, workmanship and design, and ﬁt and sufﬁcient for the purposes intended. For details on product warranty, see our Warranty page.
For regularity compliance of any applicable product(s), see our Regulatory Compliance page.
WT has the right at any time to make changes in drawings, speciﬁcations, materials, packaging, time and place of delivery, and method of transportation. You hereby agree to accept any such changes subject to this section.
While our goal is an error-free site, we do not guarantee that any content is 100% accurate or complete, including price information and product speciﬁcations. If we discover price errors, they will be corrected on our systems, and the corrected price will apply to your order. WT reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted and accepted).
If any provision of the Terms and Conditions are, or are found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of the Terms and Conditions.
If any term or provision of the Terms and Conditions, or the application thereof to any person, place or circumstance, shall be held by a court of competent jurisdiction or other competent authority to be invalid, unenforceable or void, the remainder of the Terms and Conditions and such term or provision as applied to other persons, places and circumstances shall remain in full force and effect.
You hereby indemnify WT and undertake to keep WT indemniﬁed against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by WT to a third party in settlement of a claim or dispute on the advice of WT's legal advisers) incurred or suffered by WT arising out of any breach by you of any provision of the Terms and Conditions, or arising out of any claim that you have breached any provision of the Terms and Conditions.
Breaches of the Terms and Conditions
Without prejudice to WT's other rights under the Terms and Conditions, if you breach the Terms and Conditions in any way, WT may take such action as WT deems appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your Internet service provider to request that they block your access to the Website and/or bringing court proceedings against you.
WT may revise the Terms and Conditions from time-to-time. Revised Terms and Conditions will apply to the use of the Website from the date of the publication of the revised terms and conditions on the Website. Please check this page regularly to ensure you are familiar with the current version.
Law, Jurisdiction and Language
Any matter that arises out of your use of the Website shall be governed by the laws of the Province of Ontario, in the country of Canada. All contracts shall be concluded in English.
WT may transfer, sub-contract or otherwise deal with WT's rights and/or obligations under the Terms and Conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under the Terms and Conditions.
These Terms and Conditions constitute the entire agreement between WT and you regarding the subject matter of this agreement, and supersede all prior or contemporaneous agreements or communications, whether electronic, oral or written between WT and you with respect to such subject matter.