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PRO-WEST.CA / PRO-WEST.SHOP TERMS AND CONDITIONS

Introduction

These Terms and Conditions (the "Terms") written on this webpage shall manage your use of our website, pro-west.ca and pro-west.shop (the "Website") operated by Pro-West Refrigeration Ltd.or its affiliates ("Pro-West", "we" or "us").

By using this Website, you agree to accept all terms and conditions written in these Terms. You must not use this Website if you disagree with any of these Terms.

General Conditions

Thank-you for ordering through our Website. You agree that your order for products is an offer to buy, under these Terms. All items listed in your order must be accepted by us or we will not be obligated to sell the products to you. We reserve the right, but are not obligated, to limit the sales of our products or limit access to our Website to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. We reserve the right to discontinue any product at any time, or to discontinue our services through this Website. Any offer for any product or service made on this site is void where prohibited. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of products or services.

Products

We make every effort to display the colours, materials and styles of products as accurately as possible, but the actual items may appear or seem slightly different than how they appear on our site. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of Pro-West.

While we strive for accuracy and completeness, some information may contain typographical errors or other inaccuracies. We are not responsible if information made available on this site is not accurate, complete or current.

Accuracy Of Billing & Account Information

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

Delivery & Returns

We will arrange for our suppliers or order fulfillment providers to ship the products to you at the address given by you in the checkout page. Please check the checkout page for specific delivery options. You will be responsible to pay all shipping and handling charges unless otherwise specified in the order confirmation.

Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. We currently Do Not Ship to the following locations: North Korea, Russia.

Products offered through our website are subject to return or exchange only according to our Return Policy. For more detail, please review our Returns Policy.

Occasionally there may be information on our site or in the Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

Intellectual Property Rights

Other than the content you own, under these Terms, Pro-West and/or its licensors own all the trademarks and other intellectual property rights and materials contained in this Website. You are granted limited license only for purposes of viewing the material contained on this Website.

Restrictions

You are specifically restricted from all of the following:

• re-publishing the Website material in any other media;
• selling, sublicensing and/or otherwise commercializing any Website material;
• publicly performing and/or showing any Website material;
• using this Website in any way that is or may be damaging to this Website;
• using this Website in any way that impacts user access to this Website;
• using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
• engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
• using this Website to engage in any advertising or marketing.

Certain areas of this Website are restricted from being access by you, and Pro-West may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.

Your Content

In these Terms, "Your Content" shall mean any audio, video text, images or other material you choose to display on this Website. By displaying Your Content, you grant Pro-West a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.Your Content must be your own and must not be invading any third-party’s rights. Pro-West reserves the right to remove any of Your Content from this Website at any time without notice.

Your Privacy

Your submission of personal information through our Website is governed by our Privacy Policy. 

No Warranties

This Website is provided "as is," with all faults, and Pro-West express no representations or warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement related to this Website, the materials contained on this Website, or the products sold by us. 

We do not guarantee, represent or warrant that your use of our service or products sold through our Website will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service or products will be accurate or reliable or meet your requirements. 

You expressly agree that your use of, or inability to use, the service is at your sole risk. 

Limitation of Liability

In no case shall Pro-West, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. 

OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT OF $50, OR THE ACTUAL DOLLAR AMOUNT PAID BY YOU FOR THE SPECIFIC PRODUCT GIVING RISE TO THE DAMAGES OR CLAIM, WHICHEVER AMOUNT IS LESSER.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Indemnification

You hereby indemnify to the fullest extent Pro-West from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.

Severability

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

Variation of Terms

Pro-West is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.

Assignment

The Pro-West is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

Entire Agreement

These Terms constitute the entire agreement between Pro-West and you in relation to your use of this Website, and supersede all prior agreements and understandings.

Governing Law & Jurisdiction

These Terms will be governed by and interpreted in accordance with the laws of the Province of Alberta, Canada, and you submit to the non-exclusive jurisdiction of the courts located in the Province of Alberta for the resolution of any disputes.

Last modified: Dec-2021
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