Delta Distributors Ltd.
TERMS AND CONDITIONS – TERMS OF USE
Credit
This document was created using a Contractology template available at http://www.freenetlaw.com.
Introduction
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
You must be at least 18 years of age to use this website. By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.
This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to Delta Distributors Ltd.’s use of cookies in accordance with the terms of Delta Distributors Ltd’s ( hereinafter ‘delta’) privacy policy.
License to use website
Unless otherwise stated, Delta and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You must not:
- republish material from this website (including republication on another website);
- sell, rent or sub-license material from the website;
- show any material from the website in public;
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
- edit or otherwise modify any material on the website; or
- redistribute material from this website
Acceptable use
You must not use this 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 use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Delta’s express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without Delta’s express written consent.
Restricted access
Access to certain areas of this website is restricted. Delta reserves the right to restrict access to areas of this website, or indeed this entire website, at Delta’s discretion.
If Delta provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. You are solely responsible for any breaches or damages occurring from the unauthorized use of your password. If you suspect your password has been breached you must immediately report that to Delta in writing. Failure to do so may result in liability on your part more fully outlined below.
Delta may disable your user ID and password in Delta’s sole discretion without notice or explanation. Delta will never contact you to request any password information from you. Any such request is a phishing tactic and must not be responded to. Please report any suspicious or unusual activity encountered when using your account.
Store Pricing and Availability
Prices and availability of items in our catalog, website and on the store site are subject to change without notice. Any errors in pricing will not be honored. In the event of an error in pricing we will contact the purchaser before shipping and inform them of the correct price. The prices listed are wholesale prices and you must be a wholesale buyer who owns a retail store to qualify for this pricing. These prices will not be honored for individual buyers.
Shipping
We reserve the right to increase the shipping charges or deny our free shipping offer for large orders or areas that are remote beyond points or outside our regular shipping destinations . Free shipping total is calculated before taxes and shipping rates ( ie. sub total). If your order is affected by this increase you will be contacted before your order is shipped. Please note also that we cannot offer free shipping or flat rate prices to Labrador.
Refunds
Delta makes every effort to ensure that the product you order meets your satisfaction. If you receive a product that is damaged or defective please contact us to arrange for a credit, refund or replacement. We may in our sole discretion ask that the original item ordered be returned to us at your cost. In this case the shipping costs will be solely the buyers responsibility. In those cases the item returned to us must have a tracking number, insurance and must be signed for by Delta. If we request the item be returned no credit, refund or replacement will occur until we have received and inspected the item. No credit, refund or replacement will be given if we are not contacted within 15 days of you receiving your order. You must contact us first before shipping any items back to us or your credit or refund will not be processed. If we incur any costs in receiving the goods you ship back to us we will deduct that amount from any credit or refund.
We reserve the right to deny any credit, refund or replacement requests that we feel is unreasonable in our sole discretion.
User content
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to Delta a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Delta 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 Delta 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.
Delta reserves the right to edit or remove any material submitted to this website, or stored on Delta’s servers, or hosted or published upon this website.
Notwithstanding Delta’s rights under these terms and conditions in relation to user content, Delta does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
No warranties
This website is provided “as is” without any representations or warranties, express or implied. Delta makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Delta does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
Limitations of liability
Delta will not be liable to you for any losses whatsoever (whether under the law of contact, the law of torts, negligence or otherwise) in relation to the contents of, or use of, or otherwise in connection with this website, including but not limited to:
- any direct loss;
- any indirect, special or consequential loss; or
- any business losses, 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.
- any breach of privacy
- any breach or unauthorized access to commercial or financial data
- any breach or unauthorized access to personal, private or confidential data
These limitations of liability apply even if Delta has been expressly advised of the potential loss.
Exceptions
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude.
Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
Other parties
Delta has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Delta’s officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Delta’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Delta.
Unenforceable provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
Indemnity
You hereby indemnify Delta and undertake to keep Delta indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Delta to a third party in settlement of a claim or dispute on the advice of Delta’s legal advisers) incurred or suffered by Delta arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to Delta’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Delta may take such action as Delta 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.
Variation
Delta may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Assignment
Delta may transfer, sub-contract or otherwise deal with Delta’s rights and/or obligations under these 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 these terms and conditions.
Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Entire agreement
These terms and conditions, together with our privacy policy, constitute the entire agreement between you and Delta in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with the applicable federal laws of Canada and provincial laws of Prince Edward Island. By using this website and services you agree that any disputes relating to this website and to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Prince Edward Island, Canada.
Dated February 13, 2015 ( Revised May5, 2015)
Delta Distributors Ltd.
22 Schurman Street, Charlottetown, PE
Canada
C1A 8J2
admin@deltadistributors.com