Terms and Conditions
Last updated: September 1st, 2017
These Terms and Conditions ("Terms", "Terms and Conditions") govern your relationship with https://www.mobilemend.ca website (the "Service") operated by 2131995 Ontario Limited ("us", "we", or "our").
Please read these Terms and Conditions carefully before using the Service. By accessing or using the Service you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these terms and conditions, in whole or in part, please do not access or use the Service. Purchases If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
You represent and warrant that:
(i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that
(ii) the information you supply to us is true, correct and complete. The right to refuse or cancel your order We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected. We will not be held responsible or liable for any failure for the Purchase to complete, or any resulting loss or damages to you.
Availability, Errors and Inaccuracies Despite our best efforts, the products or services available on our Service may have an error regarding the price, be inaccurately described, or be unavailable. We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Links To Other Web Sites The Service may contain links to third-party web sites or services that are not owned or controlled by 2131995 Ontario Limited. 2131995 Ontario Limited has no control over, and assumes no responsibility or liability, either directly or indirectly for the content, privacy policies, or practices of any third party web sites or services.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms. All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
Indemnification You agree to indemnify, defend and hold harmless 2131995 Ontario Limited, its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, losses, obligations, costs, actions or demands.
These include but are not limited to:
(a) legal and accounting fees resulting from your use of the Service;
(b) your breach of any of these Terms;
(c) anything you post on or upload to the Service; and
(d) any activity related to your account. This includes any negligent or illegal conduct by you, any person or entity accessing the Service using your account whether such access is obtained via fraudulent or illegal means.
Limitation of Liability 2131995 Ontario Limited, its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from
(i) your access to or use of the Service;
(ii) your inability to access or use the Service;
(iii) any conduct or content of any third-party on or related to the Service;
(iv) any content obtained from or through the Service; and
(v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer and Non-Waiver of Rights 2131995 Ontario Limited make no guarantees, representations or warranties of any kind as regards the website and associated technology.
Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. If you breach any of these Terms and 2131995 Ontario Limited. chooses not to immediately act, or chooses not to act at all, 2131995 Ontario Limited will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. 2131995 Ontario Limited does not waive any of its rights. 213195 Ontario Limited shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement. You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
Exclusions As set out above; some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. Provincial laws of Canada may apply to certain products and services provided.
Governing Law These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of Ontario and the laws of Canada, as applicable.
If you have any questions about these Terms, please contact us: firstname.lastname@example.org