Terms & Conditions of Use
NexDay Supply Website Terms and Conditions of Use
These Website Terms & Conditions of Use Contain Legal Obligations. Please read these Website Terms and Conditions of Use before using this Website.
Last Update: June 3rd 2011
Acceptance of these Terms & Conditions of Use and any Revisions thereto
Use and Restrictions
You must not, directly or indirectly, print, copy, reproduce, save onto your own computer, modify, translate, merge with other data, frame in another website, post on another website, or otherwise use the Content for any public, commercial or non-personal purpose. You must not, directly or indirectly, display, post, disseminate, distribute, publish, broadcast, transfer, sell or sub-license the Content to another individual or entity.
NexDay Supply Inc. and its licensees, affiliates or subsidiaries and each of their respective directors, officers, employees and agents are not responsible or liable, directly or indirectly, in any way for the accuracy, relevancy, completeness or timeliness of the Content. You agree that all risk associated with your use of, or reliance on, any Content rests with you. You further agree that NexDay Supply Inc. and its licensees, affiliates or subsidiaries and each of their respective directors, officers, employees and agents shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your use of, or reliance on, any Content.
Intellectual Property Rights
The Website and all of the Content (including the organization and layout of the Website and all software used in connection with the Website) are, and at all times remain, the property of NexDay Supply Inc.. The Website and all of the Content are protected by intellectual property rights owned by NexDay Supply Inc. You agree to abide by all intellectual property notices, information and restrictions on, or displayed with, the Content. Note that any Content owned by NexDay Supply Inc. may be subject to additional restrictions.
Certain names, graphics, logos, icons, designs, words, titles and phrases on the Website constitute trade-marks (whether registered or unregistered), trade names or other intellectual property of NexDay Supply Inc. (the “NEXDAYSUPPLY.CA IP”) or third parties (the “Third Party IP”). NexDay Supply Inc. at all times remains the sole owner of the NEXDAYSUPPLY.CA IP.
The display of the Content, the NEXDAYSUPPLY.CA IP and the Third Party IP on the Website does not convey or create any license or other rights in any of the Content, the NEXDAYSUPPLY.CA IP or the Third Party IP. You acknowledge and agree that you do not acquire:
1. any ownership rights in any of the Content, the IP or the Third Party IP;
2. any right to use any of the Content, the NEXDAYSUPPLY.CA IP or the Third Party IP for commercial purposes including sale, resale, license or sub-license; or
3. any right to reproduce, distribute, display, post, disseminate, publish, broadcast, or transfer any of the Content, the NEXDAYSUPPLY.CA IP or the Third Party IP.
Use of any of the Content, the NEXDAYSUPPLY.CA IP or the Third Party IP, without the prior written consent of NexDay Supply, or the applicable licensee, employee or third party, is strictly prohibited.
Third Party Websites and Content Linked to the Website
The Website may contain links to third party websites or content posted on third party websites (the “Links”). NexDay Supply Inc. provides the Links only as a convenience to help you identify and locate other Internet resources that may be of interest.
You acknowledge that in providing Links, NexDay Supply Inc.:
1. does not endorse any third party website or content accessible via the Links;
2. does not act as an editor, publisher or disseminator of any content accessible via the Links and does not control or monitor any third party website;
3. does not make any representation or warranty of any kind regarding the Links;
4. is not responsible, directly or indirectly, in any way for the accuracy, relevancy, completeness, timeliness or legality of any content accessible via the Links; and
5. is not responsible, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your use of, or reliance on, any of the Links.
You agree that you are solely responsible for:
1. taking all protective measures to guard against viruses and other destructive elements;
2. abiding by the terms and conditions of use and the privacy policies posted at the third party websites; and
3. evaluating the content accessible via the Links and bearing all risks associated with your use of, and reliance on, any such content.
Links to the Website on Third Party Websites
If you want to include a link to the Website on your website (the “Third Party Link”), you must:
1. provide NexDay Supply Inc. with prior written notice describing the nature and features of your website and the proposed appearance and location of the Third Party Link; and
2. obtain the prior written consent of NexDay Supply Inc. to establish the Third Party Link and abide by any terms and conditions required by NexDay Supply Inc. as part of its consent.
NexDay Supply Inc. may at any time, in its sole and absolute discretion, revoke its consent to establish a Third Party Link, with or without cause, upon reasonable notice to you. Upon exercise of this right by NexDay Supply Inc., you must immediately remove all of your links to the Website and must cease all use of the NEXDAYSUPPLY.CA IP. If you refuse or neglect to remove all of your links to the Website or to cease using the IP, you acknowledge that such refusal or neglect will result in immediate and irreparable damage to NexDay Supply Inc. and that NexDay Supply Inc. shall be entitled to relief in the way of temporary and permanent injunctions and such other and further relief as a court may deem just and proper.
NexDay Supply Inc. is not responsible or liable, directly or indirectly, in any way for any content available on a third party website that has established a link to the Website.
Registration, Account and Password
Certain Content on the Website may require registration or subscription. In addition, the purchase of products advertised for sale on the Website requires registration. Should you choose to register or subscribe for any such Content or to purchase products via the Website, you agree to provide accurate and current information about yourself as required by the relevant registration or subscription process and to promptly update such information as necessary to ensure that it is kept accurate and complete. Your personal and business information provided in a) account registration b) shipping information and c) billing information is accurate and you have the prior authority to enter into these Terms & Conditions on behalf of any 3rd parties included in the aforementioned information requirements. You authorize contact with any 3rd Parties included in any of the aforementioned information requirements and that they may be subject to various forms of verification for purposes of misuse or fraud.
You agree to be responsible for:
1. maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration or subscription process; and
2. all activities that occur under your account or password.
You further agree to:
1. notify NexDay Supply Inc. immediately of any unauthorized use of your password or account; and
2. ensure that you log out of your account and close your browser window upon completing your use of the Website.
You expressly provide consent to receive all communication regarding your Account Status, Sales Order Confirmations, Shipping Confirmations, Invoices, Payment Confirmations in electronic form and in the language of English to the email address that is used as your email account to Sign In and access your NexDay Supply account. Failure to provide continued consent to communicate electronically will result in the termination or suspension by NexDay Supply Inc. of your use of, or access to, the Website.
Conditions & DisclaimersYou expressly understand and agree that:
1. The Content and the Links are provided for informational purposes only.
2. The Website, the Contents and the Links are provided on an “AS IS” and “AS AVAILABLE” basis.
3. Any use of, or reliance on, the Website, the Contents, the Product Pictures and/or the Links is at your sole risk.
4. NexDay Supply Inc. AND ITS LICENSEES, AFFILIATES OR SUBSIDIARIES AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS DO NOT MAKE ANY, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW EXPRESSLY DISCLAIM ALL, REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THE WEBSITE, THE CONTENT AND/OR THE LINKS INCLUDING, WITHOUT LIMITATION:
a. WARRANTIES OR CONDITIONS OF TITLE AND NON-INFRINGEMENT;
b. IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND SUITABILITY FOR A PARTICULAR PURPOSE;
c. WARRANTIES OR CONDITIONS THAT THE CONTENT WILL BE USEFUL OR MEET YOUR REQUIREMENTS OR EXPECTATIONS, THAT THE CONTENT WILL BE AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF DEFECTS, COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE RESULTS THAT MAY BE OBTAINED THROUGH USE OF THE WEBSITE WILL BE COMPLETE, ACCURATE OR RELIABLE;
d. WARRANTIES OR CONDITIONS AS TO PRIVACY OR SECURITY; AND
e. WARRANTIES OR CONDITIONS ARISING FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, WITH RESPECT TO THE WEBSITE, THE CONTENT OR THE LINKS
6. NSF or declined credit card payments processed are subject to a minimum $50.00 collection fee, in addition to any fee(s) as levied by 3rd Party Collection agents against amounts recovered on past due amounts.
7. Information contained in any email communication with NexDay Supply Inc. is considered private and confidential and/or proprietary between the sender and the recipients and/or its affiliates. The information transmitted is intended only for private use as it relates to
transactions, inquiries or replies by any individual or entity to which it is
addressed. All information shared or contained in any communication(s) are strictly prohibited from being posted to any public domain, Website, Review Site or Social Media sites etc. without the express permission of both parties in writing.
8. Accounts will be considered inactive if there is no purchase activity or Points activity at any time for 1
year. Accounts will be terminated
where account is delinquent or unsatisfactorily conducted for any
reason, or if we in our sole discretion suspect any fraud in, or abuse
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT WILL NexDay Supply, ANY OF ITS LICENSEES, AFFILIATES OR SUBSIDIARIES AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HAVE ANY RESPONSIBILITY OR LIABILITY IN CONNECTION WITH THE WEBSITE FOR ANY LOSS OR DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, NEGLIGENCE OR OTHER LEGAL BASIS, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF OR ACCESS TO, OR ANY INCONVENIENCE, DELAY OR LOSS OF USE OF OR ACCESS TO, THE WEBSITE, ANY CONTENT OR ANY LINKS OR FAILURE OF THE WEBSITE OR ANY LINKS (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES SUFFERED AS A RESULT OF OMISSIONS OR INACCURACIES IN THE WEBSITE, ANY CONTENT OR ANY LINKS OR THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION TO OR FROM THE WEBSITE OR ANY LINKS). THESE LIMITATIONS APPLY EVEN IF THE PARTY LIABLE OR ALLEGEDLY LIABLE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS OR IF SUCH LOSS OR DAMAGE WAS FORESEEABLE.
You represent and warrant that:
1. You are an individual and over the age of majority in the jurisdiction in which you are resident.
2. You are using the Website in a jurisdiction where access to, or use of, the Website (or any part thereof) is not prohibited or illegal.
You agree to defend, indemnify and hold harmless each of NexDay Supply Inc., its licensees, affiliates, subsidiaries and each of their respective directors, officers, employees, and agents, including all third parties mentioned on the Website, from and against any and all claims, actions or demands, including, without limitation, reasonable legal and accounting fees, resulting from or related to, or alleged to result from or relate to:
2. your access to, use of or reliance on the Website and/or any of the Content, and/or any of the Links; or
3. your communications or dealings with any third parties mentioned on the Website.
Changes to the Website
NexDay Supply Inc. may, at any time without notice or liability, and for any reason whatsoever, change, suspend or terminate any aspect of the Website including, without limitation, any of the Content and any of the Links. NexDay Supply Inc. reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Website at any time without notice or liability, but does not have a duty to do so.
Products Available for Sale
The Website can be accessed from Canada and other countries around the world. You understand that some or all products or services provided on the Website may not be available for purchase to persons or entities residing in certain jurisdictions or geographical areas. NexDay Supply reserves the right, in its sole discretion, to exclude or otherwise limit the provision of any product or service to a person or entity residing in any jurisdiction or geographical area. NexDay Supply Inc. does not represent or warrant that any product or service provided on the Website will be available for purchase to the User.
Choice of Law
You agree that all matters relating to the use of the Website, including without limitation, any of the Content and/or any of the Links, or any dispute that might arise between you and us that pertains to NexDay Supply Business or this Agreement, shall be governed by the laws of the Province of British Columbia, the Federal laws of Canada and the Bills of Exchange Act applicable therein, without reference to conflict of law principles. NexDay Supply Inc. and you each agree to submit to the exclusive jurisdiction of the courts of the Province of British Columbia and to waive any objections based upon venue.
You acknowledge and agree that NexDay Supply Inc. may, at any time without notice, in its sole and absolute discretion and without cause, suspend or terminate:
1. your use of, or access to, the Website including, without limitation, any of the Content and/or any of the Links; or
2. any of your registrations or subscriptions with the Website.
3. any of your orders Pending Fulfillment
Special Orders cannot be cancelled once submitted. Special orders cannot be returned. When viewing the details of a product you will find under "Availability" these specifically noted items. These products are not stocked and require us to make a special order with the Manufacturer to bring this product in specially for you.
All orders for greater than 10 cases of any product are considered a
Special Order if inventory on hand is not available to fill you order
complete. When checking you "Order Status" online this condition will be
confirmed, as well as, the anticipated shipping date of your order.
Shipping, Returns & Damage Reporting:
NexDay Supply Inc.’s Shipping Policy and Returns Policy is incorporated by reference and form part of these Terms and Conditions of Use. All sales are final. Title of goods purchased passes to the customer immediately upon tender of shipment to the carrier. Certain restrictions apply to Free Shipping promotions. These include use of our choice of carriers and shipping methods as well as other limitations. Free Shipping promotions are only valid in areas within 40 miles of our warehouse locations in Vancouver, Edmonton, Calgary and Greater Toronto. Any orders placed that may reflect free shipping in the shopping cart that are found to be outside our Free Shipping promotion zones are subject to applicable freight charges to deliver the order.