MISENER PRIVATE HOLDINGS CORPORATION
This is a private system, the use of which is governed by this, and other policies. These policies may severely limit your access, enjoyment and overall use of this system. Use of this system is entirely voluntary and you do so at your own risk and expense, regardless. In electing to use this system you certify to have read and to fully understand these policies, and irrevocably agree to be bound to the terms, conditions, provisions and limitations hereof.
These policies may change. We are not required to provide you with notice should this occur. You are required to ensure that you know our policies before each and every use of this system. We are not responsible for your failure to do this. You specifically and irrevocably agree that the policies hereto posted or otherwise made available are the policies in force for that session and remain subject to change. Certain specific components of this system, or other systems to which this system is connected, may have its own policies, which shall be in addition to and not in place of these.
("System" sing. "Systems" pl.), def. computer networks, applications, services, databases, interfaces, platforms, information and/or computing technologies, transactive shopping carts and registers, information and telecommunications infrastructure, credit card/bank processing technologies, etc.
Portions Copyright © 2014-2017, Misener Private Holdings Corporation. All Rights Reserved.
We may, depending on the circumstances, collect the following information about you: name, address, telephone/fax numbers, e-mail addresses, date of birth, gender/sex, household income, payment and credit card numbers and expiry dates, banking information, credit records and ratings, employment information, purchase history, product and service preferences, customer satisfaction information, opinions about products and services, interests and hobbies, family class and structure, social insurance numbers (social security numbers), health and medical information, driver license information, video and audio data, usage data and other information; however, we will only ever collect the information we require to administer our systems and deliver our products and services to you, as applicable.
We do this for many different reasons, including: to compete a sale/transaction, marketing, customer service, to administer loyalty programs, to administer security and identification, credit verification, customer relationship management, contests/surveys, delivery services and shipping, warranties, returns, orders, application forms, referrals, complaints, to maintain databases, because it is required by law, and for other reasons.
Your personal information will be kept for as long as seven years (record-keeping requirement of the Government of Canada) and may be in electronic and/or digital form. We will share only the required information with contractors (e.g. shipping companies) and endeavour to enact every possible measure to protect your privacy. All of our systems will enable you to "Opt-In" or "Opt-Out" of subscriptions. It is your responsibility to ensure that the correct options have been selected. You will only ever be required to provide us with the information we need to perform.
4. ACCEPTABLE USE
Our systems may contain links to third party systems. These links are provided for your convenience and their inclusion does not imply our approval or endorsement of the third party systems or offerings. We have no control over, and assume no responsibility for, the content, policies or practices of third party systems.
In order to access some features of our systems, you may have to register for a user account. When registering for your user account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your user account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your user account. Although we will not be liable for your losses caused by any unauthorized use of your user account, you may be liable for our losses or the losses of others due to such unauthorized use.
We own or act as agent for all intellectual property and material incorporated into and comprising our systems ("Content"), including without limitation all written, audio, visual, graphical, and all other material, but excluding User Content. This includes copyrights, trade marks, patents and other marks of trade, pending or confirmed. We grant you a limited license to use in normal mode and parameter our systems, to print or download Content as presented, in whole or in part. You are not permitted to modify, reproduce or distribute Content for any other purpose without our express written consent.
You are strictly prohibited from reverse engineering, decompiling, downloading source code, reprogramming, coprogramming, patching or in any way altering the computer machine code of our systems.
You may be able to post or upload (in designated areas) written or other content (the "User Content") to our systems. You are solely responsible for your own User Content and the consequences of posting or publishing it. By uploading or posting User Content to our systems, you automatically grant us a worldwide, non-exclusive, royalty free, license to use, reproduce, modify, translate into different languages or formats, and publish such User Content on our systems for the purpose of sharing the User Content with others and to promote ourselves. You represent and warrant that you own or have the rights to use and license us to use the User Content in the manner contemplated.
You may not use our systems for illegal or unauthorized purposes. You must obey the laws of the Province of Ontario, Canada, as well as all laws in the country and jurisdiction(s) you are situated in while using our systems. You may not use our systems in any manner which could disable, overburden, damage, or impair us, our systems and all those connected to us and our systems. You may not interfere with the use or enjoyment of any other party. You are solely responsible for your own conduct and communications while using our systems and for the consequences of that use. You are specifically prohibited from (a) posting or uploading any inappropriate, promotional, defamatory, destructive, obscene, or unlawful content; (b) defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights (such as rights of privacy and publicity) of others; (c) posting or uploading any User Content that infringes any patent, trademark, copyright, trade secret or other intellectual property right of any party, or by impersonating another person, or falsifying or deleting any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of any content; (d) using our systems in connection with surveys, contests, junk email, spamming or any duplicative messages (commercial or otherwise); (e) using robots, spiders, site search/retrieval applications, or other devices to retrieve or index any portion of our systems to collect information about other users or domain names; (f) uploading files that contain bugs, viruses, trojan horses, worms, or any other similar software or programs that may damage the operation of the computer or property of another; (g) submitting User Content that falsely expresses or implies that it is sponsored or endorsed by any party where it is not sponsored or endorsed by such party. While we prohibit such conduct and User Content in connection with our systems, you understand and agree that nonetheless you may be exposed to such conduct or User Content and that you use our systems at your own risk.
We reserve the right to monitor use of our systems to determine compliance. Although we may not read, review, vet or otherwise assess User Content in advance of its posting, we reserve the right to remove any User Content and/or terminate any user account without notice for breach or for any other reason, or for no reason whatsoever. We reserve the right to retain User Content at our discretion.
5. BUYING, SHIPPING, DELIVERY
Goods will not be shipped until payment has been received and processed by us. In cases where credit is afforded to you, charging your account is considered receipt and processing. Credit terms are negotiated separately from this; however, failure to meet the obligations thereof constitutes failure to abide by this policy and we may apply sanctions or take measures afforded by those credit terms as well as our policies. Unless otherwise indicated, taxes are not included in prices. Taxes, where applicable, will be calculated at time of payment. All goods are shipped free on board, uninsured. All shipping insurance is the responsibility of the buyer. Our default currency is the Canadian dollar. We may offer transactions in currencies other than the Canadian dollar, and may provide mechanisms in our systems that afford you control over which currency you are transacting in; however, unless otherwise stipulated, transactions are made with the Canadian dollar. We will endeavour to provide versatile and reliable payment methods; however, we accept no responsibility for any damage or loss you incur as a result of using them. We are not under any obligation to assist you in the process of investigating, reconciling or otherwise managing or transacting with the entities that provide payment methods on our behalf. Each payment method may have policies that shall be construed in addition to, and not in place of, these policies. This is intended in the broadest of terms.
We select the shipper and method; however, there may be cases where we might extend to you a choice of shippers, or where you prefer and stipulate a particular shipper. In these cases, we will endeavour to coordinate with the shipper specified by you, but will revert to our choice of shipper if unable to do so. When you select a particular shipper, you will be solely responsible for all shipping costs.
We endeavour to ensure that our online pricing is accurate; however, we always verify prices as part of our fulfillment and shipping process. If an item is shown online at less than the actual price, we will honour the online price and ship. If the online price is more than the actual price, and you have overpaid, we will contact you for instructions before shipping. In any case, however, where the price as advertised is obviously the result of a typographical error or malicious attack (e.g. $1.00 for a $1,000.00 item), the sale shall be cancelled. All options are at our discretion.
We do not guarantee availability. Online inventory counts are constantly being updated. While we endeavour to ensure that our online inventory counts are accurate, errors may occur. We make every effort to keep all items in stock. If we cannot fill an order immediately, we will contact you to determine if you want to partially ship the available items or wait until we can process the entire order. We make no guarantee whatsoever in respect to the time it will take to stock items or deliver.
Products are new unless otherwise stipulated in the description. Codes allude to nothing and serve only to differentiate between products.
Claimant must be original owner. All products must have been purchased directly from us within thirty (30) days, unless otherwise stipulated. Proof of payment (e.g. original receipt) and identity may, at our option, be required. We may demand photographs, written reports and other evidence prior to issuing an RMA. Products may be repaired, replaced or a credit issued, at our option. All products must be returned in original condition, with original packaging, complete with all parts and components - including tags, printed material, etc. All returns must be accompanied by the RMA (a printed copy may suffice) fixed to the outside of each box or parcel, facing out so the RMA number is clearly visible from the outside of the boxes (this may be enhanced by printing the RMA number on the boxes); however, do not write on or affix documents to the outside of the product packaging, if any. Return products sent without an RMA will be refused or disposed of, without being opened. We will refuse COD shipments. Special sale, special order, one-of-a-kind and similar products cannot be returned. You must ship RMA within fifteen days of issue, or within the time period provided at the time. We pay for RMA shipping in advance. Return freight (from us to you) is your responsibility and must occur within ten (10) days of the goods being ready to ship. Claims that a product was "defective on arrival" must be made within five (5) days of receipt. We may at our sole option and discretion honour returns by remorseful buyers, depending on jurisdiction (contact us for details). Remorse must be declared within thirty (30) days of purchase. We will charge a fifteen percent (15%) restocking fee, minimum twenty-five dollars ($25.00). Discrepancies, short/mis-ships or short box claims must be reported within five (5) days of receipt. We will pay for shipping in these cases.
You can cancel an order that has not been fulfilled or shipped by contacting us; however, if the order has been picked, packed or prepared you will be charged a fifteen percent (15%) restocking fee, minimum twenty-five dollars ($25.00). We will not be held responsible for delays caused by the dispatch or execution of your request, regardless of how those delays occurred. Once your order has been fulfilled or shipped, it cannot be cancelled.
Your use of our systems is entirely at your own risk. The systems and content is provided "as is" and without warranties or conditions of any kind, expressed or implied, including any implied warranties of merchantability, merchantable quality, fitness for a parcitular purpose, title or non-infringement. We do not warrant that our systems or content therein will be uninterrupted or error-free, that defects will be corrected, or that this system, or others connected hereto, and others enabling this system, are free of viruses or other harmful components. Without limiting the foregoing, we do not warrant or make any representation regarding use, the ability to use, or the result of use of he content in terms of accuracy, reliability, or otherwise. The content may include technical inaccuracies or typographical errors. We may make changes or improvements to the content or the systems at any time, without notice. We make no warranty that your use of the content will not infringe the rights of others and assume no liability or responsibility for errors or omissions in such content. In no case whatsoever will we be held responsible for anything in perpetuity throughout the universe.
10. LIMITATION OF LIABILITY
We, our employees, agents, officers and directors will not be liable for any direct, indirect, incidental, punative, consequential, special, exemplary, or other damages, including without limitation, loss of revenue or income, pain and sufering, emotional distress, or similar damages, or damages resulting from any (i) errors or omissions in content, (ii) any unauthorized access to or use of our systems and/or any and all personal information and/or financial information stored therein, (iii) any interruption or cessation of transmission to or from our systems, (iv) any bugs, viruses, trojen horses, or the like, which may be transmitted to or through our systems by any third party, or (v) for any loss or damage of any kind incurrecd as a result of your use of any content posted, emailed, transmitted or otherwise made avaialble via the systems. This limitation of liability applies regardless of the legal theory giving rise to the damages and even if we have been advised of the possibility of such damages, the foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisiction. You specifically acknowledge that we, our employees, agents, officers and directors shall not be held liable for user content or the defamatory, offensive or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. We are not responsible for any damages, whatsoever, regardless. You are responsible for everything.
You agree to defend, indemnify and hold harmless us, our employee, agents, officers and directors from and against any and all claims, damages, obligations, judgments, losses, liabilities, costs or debt, attorney's fees and other expenses arising from (i) your use of and access to the systems; (ii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iii) any claim that you did not have the right to provide any user content or that you or user content caused damage to a third party, this defense and indemnification obligation will survive these terms and your use of our systems. In such a case, we will provide you with written notice of such claim, suit or action.
Our entire relationship with you, and our policies in particular, are governed by the laws of the Province of Ontario (Canada). You agree to submit to the personal and exclusive jurisdiction of the courts of the Regional Municipality of Niagara at St. Catharines (formerly the Judicial District of Niagara North). Our systems are physically operated and controlled by us in Ontario, Canada; however, they may be placed outside of this jurisdiction.
You may not assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. This constitutes the entire agreement between you and us with respect to the subject matter and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If for any reason a court of competent jurisdiction finds any provision or portion hereof to be unenforceable, that part (or sentence or word or letter) shall be deemed severable and shall be severed, and the remaining provisions shall continue in full force and effect. This made in English.
Please report any outages, hacks, viruses or serious security threats to our emergency security mechanism: firstname.lastname@example.org.
Questions specific to these policies should be directed to:
Misener Private Holdings Corporation
4500 Queen Street, Postal Box 25
Niagara Falls, Ontario L2E 2L0 Canada
* Uninvited telephone calls will not be accepted in this respect.
Policy Last Edited 4 January 2015