TERMS & CONDITIONS
Welcome to the www.imechsupply.comwebsite (the “Site”). The Site is operated by Independent Mechanical Supply Inc (“IMS”).
Please carefully read these terms and conditions of use (“Terms and Conditions” or “Terms of Use”), which govern your use of the Site. By using the Site, you unconditionally agree to be bound by the Terms and Conditions.
1. YOUR USE OF THE SITE
1.1 Your use of the Site constitutes your agreement to all of these terms and conditions as well as a contract to which you are bound. The Terms and Conditions also apply to telephone and in-person orders placed at a branch following any browsing of the Site.
1.2 By accepting the Terms and Conditions through your use of the Site, you certify that you have reached the age of majority in your province of residence. If you have not reached the age of majority, you may only use the Site under the supervision of your parent or legal guardian who has accepted the Terms and Conditions. If you are the parent or legal guardian, you agree to monitor and supervise the use of the Site by the minor and agree to be responsible for the use of the Site made by that minor, including any financial charges or liability incurred by the latter.
1.3 By accessing the Site, consulting it or making reservations or purchases, you agree to abide by the Terms and Conditions and not to make any use of the Site that does not comply with applicable laws or that could harm IMS or its partners in any way.
1.4 By accessing and using the Site, you agree not to (the prohibited actions listed below are collectively referred to as “Code of Conduct”):
- Restrict or block access to the Site to other users, in particular by hacking or altering any part of the Site;
- Use the Site, or the content accessible on or from the Site, for illegal purposes;
- Claim or imply that IMS endorses a declaration made by you;
- Submit data or information or otherwise transmit material through the Site which (i) is protected by copyright or trade secret or which is otherwise subject to proprietary rights or intellectual property rights of a third party, including rights relating to privacy and publicity, unless you are the rightful owner of those rights or the relevant third party has granted you permission to submit or transmit such data or information; (ii) is illegal, obscene, defamatory, threatening, fraudulent, abusive, pornographic, or encourages any conduct which would be considered a criminal offence, would give rise to your civil liability, would violate any law or be otherwise reprehensible or infringe intellectual property rights or other rights of IMS or third parties; (iii) aims to harass, denigrate or intimidate any person or group of persons on the basis of age, disability, ethnicity, sex, race, religion or sexual orientation; or (iv) is unknown to the public about an enterprise or person without having obtained the express written permission of that enterprise or person;
- Participate in sending unsolicited emails (spamming), phishing or other activities aimed at illegally collecting information;
- Transmit any software or other material that contains harmful or malicious code, including viruses, worms, time bombs or other self-executing malware, Trojan horses and defects;
- Modify, adapt, translate, sell, decompile, or disassemble any part of the Site or grant a sublicence thereto;
- Remove copyright and trademark notices or other proprietary rights notices displayed on the Site;
- Frame or reproduce any part of the Site, in particular, but without limiting the generality of the foregoing, names, texts, logos, trademarks as well as prices, without the prior written authorization of IMS;
- Use a robot, spider, crawler, spyware, site finder/extraction application or any other manual or automatic device or process to retrieve, index and browse data relating to the Site or its content or to reproduce or circumvent in any way the navigation structure or the presentation of the Site or its content;
- Collect or collate information on users of the Site;
- Do anything that would subject IMS’s infrastructure to an unreasonable or relatively excessive load.
2. COPYRIGHTS
2.1 This Site and the materials are the property of IMS and its licensors, and are protected by copyright, international treaties, and other laws.
3. USE LICENSE
3.1 IMS grants you permission to view this Site and to print individual pages from this Site for your own personal, non-commercial use, provided that you agree to and accept without modification the notices, terms and conditions set forth in this agreement.
3.2 You may not modify, copy (except as set forth in section 3.1), distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, merge with other data, transfer or sell any information, material, software, products or services, in any form, in whole or in part, from this Site. The prohibited uses include "screen scraping" and any other activity intended to collect, store, reorganize or manipulate data on the pages produced by, or displayed on the Site.
3.3 Your use of this Site constitutes your agreement and acceptance without modification of the notices, terms and conditions set forth herein. In addition, as a condition of your use of this Site, you represent and warrant to IMS that you will not use this Site for any purpose that is unlawful, immoral or prohibited by these terms, conditions and notices. If you do not agree and accept without modification the notices, terms and conditions set forth herein, do not use this Site. Other than this agreement and agreements between you and IMS relating to the sale of products or services (collectively, "Products"), IMS will not enter into any agreement with you or obligation to you through this Site and no attempt to create such an agreement or obligation will be effective.
4. SUSPENSION AND TERMINATION OF ACCESS RIGHTS
4.1 IMS may, at its sole discretion, terminate or suspend access to the Site at any time without notice or other obligation or liability, for any reason whatsoever, and will assume no liability of any kind to you in this regard.
5. TRADEMARKS
5.1 The trademarks, service marks and logos (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of IMS and others. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site, without the prior written permission of the Trademark owner. IMS aggressively enforces its intellectual property rights to the fullest extent of the law. The name of Independent Mechanical Supply, the IMS logo or the other IMS formatives may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior, written permission from IMS. Independent Mechanical Supply prohibits use of the IMS logo as part of a link to or from any site unless establishment of such a link is approved in advance by IMS in writing. Fair use of Independent Mechanical Supply’s Trademarks requires proper acknowledgement. Other product and company names mentioned on this Site may be the Trademarks of their respective owners.
6. LINKS TO THIRD PARTY SITES
6.1 This Site may contain links to Sites owned or operated by parties other than IMS. Such links are provided for your reference only. IMS does not control outside Sites and is not responsible for their content nor their conformity to applicable laws. IMS's inclusion of links to an outside Site does not imply any endorsement of the material on the Site or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does IMS’s inclusion of the links imply that IMS is authorized to use any trade name, trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the linked Site.
7. PRODUCTS
7.1 This Site displays products available for purchase in Canada, however not all products are available at all times and products may be changed, substituted or discontinued at any time. IMS attempts to provide an accurate description of the products available for sale, but does not warrant the accuracy, completeness, reliability or currency of such descriptions. Certain products may be the subject of third-party warranties offered by its manufacturers or providers. Additional terms and conditions applicable to your online purchases are provided to you on the Site as you order products, prior to completing your purchase. (to review highlighted section at a later date - as to whether we want to add to PRODUCTION environment)
8. PRODUCT ORDERS
8.1 While we use our best efforts to fulfill all orders, IMS cannot guarantee the availability of any particular product displayed on this Site. IMS reserves the right to discontinue the sale of any product listed on this Site at any time without notice.
8.2 Product prices offered on this Site may vary from other advertised prices due to varying conditions in different geographic markets.
8.3 The prices displayed on this Site are quoted in CDN dollars and are valid and effective only within Canada, and such prices do not include shipping and handling (unless otherwise indicated) or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and taxes that may apply to your order.
8.4 All billing and registration information you provide must be accurate, complete and correct. The transmission of inaccurate, incomplete or incorrect information constitutes a violation of the Terms and Conditions. By confirming your purchase at the end of the checkout process, you agree to pay for the items, products and/or services for which you have submitted an order.
8.5 IMS reserves the right, at its sole discretion, to refuse service and terminate accounts if IMS believes that your conduct violates any applicable law, the Terms and Conditions, the Privacy Policy, other applicable IMS policies, or that it is prejudicial to IMS’s interests, or for any other reason.
8.6 IMS reserves the right to limit the quantity of items purchased per person, per account, per household and per order, as determined in its sole discretion. These restrictions may be applied to the same account, the same credit card, and/or the same billing and/or shipping address. Restrictions may apply in particular in the context of promotions offered by IMS.
8.7 An acknowledgment of receipt of the order by email is automatically generated and receipt of such acknowledgment does not guarantee acceptance of an order.
8.8 All products and services purchased through the Site are subject to a shipping contract. Any risk of loss, breakage or damage to the products ordered is the responsibility of IMS until IMS remits them to the carrier. Title to these products is transferred to you upon receipt of the products or services purchased through the Site.
9. MODIFICATIONS, TYPOS, AND ERRORS
9.1 IMS reserves the right to modify the products and services advertised or offered for sale on the Site, the prices and specifications of these products or services, any promotional offer and all other documents on the Site, without notice and without incurring any liability with respect to anyone. IMS cannot guar IMS reserves the right to limit the quantities sold or offered for sale. In the event of a pricing or display error for a product or service, the necessary corrections to the information available on the Site will be made by IMS as soon as such error is brought to its attention.
9.2 IMS reserves the right to cancel an online order (including an accepted order) at any time and without notice, in particular in the event of a price or display error, stock shortage or error regarding the product or service.
9.3 While our goal is an error-free site, we do not guarantee that any content is 100% accurate or complete, including price information and product specifications. If we discover price errors, they will be corrected on our systems, and the corrected price will apply to your order. IMS reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted and accepted).
9.4 Notice to Credit and Debit Card Users: By submitting your order (i) an authorization for your transaction will be placed and maintained on the credit or debit card (“Card”) you provided to IMS and upon completion of your transaction, the total transaction amount will be settled against the authorization in accordance with your banking institution’s policies, and (ii) you authorize IMS to charge the Card all amounts owed under the transaction, including deposits. You further authorize IMS to re-initiate any charge on your Card that is dishonoured for any reason.
For further information about purchasing products from Independent Mechanical Supply, please read our Shipping Policyand Privacy Policycarefully.
10. CONTENT SUBMITTED BY THE USER
10.1 The use of the Site allows you to provide comments, reactions, critiques, texts, and ideas (collectively, the “Content”) on the Site. You agree that the Content may be viewed by the general public, and you do not and will not consider such Content to be private, proprietary, or confidential. You hereby grant to IMS and its licensees and sublicensees, without any compensation of any kind, to you or to others, a worldwide, perpetual and irrevocable licence to copy, adapt, create derivative works, reproduce, incorporate, distribute, modify, publicly display and in any way use such Content in any format or media (the “Content Licence”). You cannot and will not be able to revoke such Content for any reason at any time.
10.2 You agree that any Content you submit may appear on sites other than the Site through which you submitted such Content (for example, Content submitted to www.imechsupply.commay appear on www.imechsupply.comand/or on the website of an affiliated entity of IMS). You hereby waive, release and agree not to assert any moral rights you may have in any Content that you have submitted to the Site.
10.3 You agree that IMS may use the submitted Content at its sole discretion in any manner IMS deems appropriate or necessary. IMS and its affiliates reserve the right to edit, modify, abbreviate or otherwise change, at their sole discretion, any Content that you or others submit to the Site.
10.4 You agree that you will not use false or misleading email addresses, that you will not impersonate any other person or entity, and that you will not mislead anyone in any way whatsoever as to the origin of any Content you submit, including, without limitation, comments and reactions you submit on the Site. You acknowledge that IMS is not responsible for all or part of the Content that you submit to the Site.
10.5 By submitting any Content to the Site, you represent and warrant that you are the sole author and owner of the intellectual property rights relating thereto and that you have the right to allow IMS and its licensees and sublicensees to use such Content in accordance with the terms of the Content Licence. You agree not to submit Content owned by anyone other than yourself on the Site. You agree not to submit any Content containing the name of anyone other than yourself without first obtaining permission to submit such Content and granting the Content Licence to IMS.
10.6 If you identify yourself by name in any Content you submit, you authorize IMS and its licensees and sublicensees, without compensation of any kind, to you or any other person, to reproduce, print, publish, translate, modify, edit and distribute, in any format or media currently or subsequently created, your name and Content in the manner IMS deems appropriate, at its sole discretion, worldwide. This authorization is perpetual and cannot be revoked by you for any reason.
10.7 IMS does not guarantee that the Content that you or others submit will be displayed on the Site or will become accessible to the public, and IMS does not guarantee that the Content posted on the Site by other users will not be offensive or defamatory or otherwise objectionable. IMS reserves the right to remove any Content from the Site without notice and at its sole discretion. However, you acknowledge and agree that IMS has no obligation to you to control, monitor or remove the Content and IMS makes no warranty as to the completeness, accuracy, integrity or quality of the Content submitted to the Site.
11. NO WARRANTIES; EXCLUSION OF LIABILITY
11.1. INDEPENDENT MECHANICAL SUPPLY MAKES NO REPRESENTATION ABOUT THE SUITABILITY OF THE MATERIALS OR PRODUCTS ON THIS SITE FOR ANY PURPOSE. ALL SUCH MATERIALS AND PRODUCTS ARE PROVIDED BY INDEPENDENT MECHANICAL SUPPLY "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. INDEPENDENT MECHANICAL SUPPLY SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH RESPECT TO THE MATERIALS AND PRODUCTS ON THIS SITE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. INDEPENDENT MECHANICAL SUPPLY SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE MATERIALS ON THIS SITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS SITE, OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS SITE. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. IN NO EVENT SHALL INDEPENDENT MECHANICAL SUPPLY, ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE MATERIALS, OR PRODUCTS ON THIS SITE, THE DELAY OR INABILITY TO USE THIS SITE OR OTHERWISE ARISING IN CONNECTION WITH THIS SITE, WHETHER BASED ON CONTRACT, TORT, DELICT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
12. GENERAL
12.1. You agree that this agreement and your use of this Site are governed by the laws of the Province of Ontario and the laws of Canada applicable therein.
12.2. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Toronto, Ontario, Canada in all disputes: (a) arising out of, relating to, or concerning this Site and/or this agreement, (b) in which this Site and/or this agreement is an issue or a material fact, or (c) in which this Site and/or this agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization.
12.3. This Site is made available to residents of Canada and the United States only. Use of this Site in any other jurisdiction is unauthorized.
12.4. Independent Mechanical Supply has endeavoured to comply with all legal requirements known to it in creating and maintaining this Site but makes no representation that materials or Products on this Site are appropriate or available for use in any particular jurisdiction. You are responsible for compliance with applicable laws.
12.5. Any use in contravention of this provision or any provision of this agreement is at your own risk and, if any part of this agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use.
12.6. With the prior agreement of IMS, any claim, dispute, or controversy arising out of, relating to, or concerning this Site and/or this agreement shall be decided by binding arbitration in accordance with the Arbitration Act, 1991, and any such arbitration proceedings shall be brought and held in Greater Toronto Area, Ontario. The decisions of the arbitrators shall be binding and conclusive upon all parties involved and judgement upon any award of the arbitrators may be entered by any court having competent jurisdiction. This provision shall be specifically enforceable in any court of competent jurisdiction.
12.7. You agree that IMS may at any time and without notice change the terms, conditions, and notices under which this Site is offered. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Independent Mechanical Supply as a result of this agreement or your use of this Site.
12.8. Independent Mechanical Supply’s performance of this agreement is subject to existing laws and legal process and nothing contained in this agreement is in derogation of Independent Mechanical Supply's right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by Independent Mechanical Supply with respect to such use.
12.9. This agreement, the privacy policy, and terms of salepresented to you in connection with your transaction constitute the entire agreement between you and IMS with respect to this Site. This agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and IMS with respect to this Site.
12.10 No modification of this agreement shall be effective unless it is authored by IMS. Any alleged waiver of any breach of this agreement shall not be deemed to be a waiver of any future breach. A printed version of this agreement and/or of any notice given by IMS in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement or your use of this Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by IMS in printed form.