“Company” means a business or individual contractor whose information and contact details are posted on the Site.
“Content” means any text, image, audio, video, or other form of data or information that you deliver, upload or transmit to, or in connection with the Site, including but not limited to, ratings, reviews, comments, posts and any profile information that you elect to make public. “User Content” means Content that site users submit or transmit to, or in connection with the Site. “KelownaProAppliance.ca Content” means Content that we create and publish in connection with the Site. “Third Party Content” means Content that originates from parties outside KelownaProAppliance.ca or its users, which is made available through the Site. “Site Content” means all of the Content that is made available in connection with the Site, including your Content, user Content, Third Party Content, and KelownaProAppliance.ca Content.
2. USE OF SITE
Account – In order to use part or all of our Services, you may need to create a profile and register on our Site.
Permission to use the Site – You are permitted to use the Site subject to the restrictions stated herein. You use the Site at your own risk, including the risk that you might be exposed to Content you may find offensive, indecent, inaccurate, or objectionable. KelownaProAppliance.ca undertakes the protection of the rights of minors and underage persons, and thereby encourages parents, legal guardians and responsible adults to be actively involved in the safe use of the Internet by their minors. You hereby represent and warrant that you are at least eighteen (18) years of age, or older, as of the date of first access to our Site and, if you are under such age, are using the Site under the direct supervision of your parent, legal guardian or responsible adult.
Site Access – You agree that our Site may not always be error free, continuous or undisrupted. We may update, delete, disable, modify functionalities or otherwise discontinue the Site, at our sole and final discretion, and we do not guarantee that it will always be available, work, or be accessible at any particular time. We cannot guarantee that the Site will work as advertised, or that it will give you the desired results. You agree not to distribute or make available any content found on our Site without our prior written authorization, unless such act is done through sharing functionalities offered by our Service. You are expressly forbidden to make money off of our Site unless you have received prior written permission from us. You agree not to access content through any technology or means other than through our Site or otherwise authorized by us.
Compliance – KelownaProAppliance.ca is not responsible for your violation of any laws while using our Site. You must comply with any and all local, provincial, or federal laws regarding your use of our Site, including, but not limited to, reviews and indications of any local service or establishment. We hereby reserve the right (but not the obligation) to remove and/or edit any content you or other user posts on the Site, and we have the right (but not the obligation) to monitor and edit or remove any activity; thereby enacting the necessary measures to moderate any comments and to control user behavior within our Site.
Communications from KelownaProAppliance.ca and other users – By creating an account, you agree to receive certain communications from the Site regarding your account. For example, you will receive notifications on the status of your reviews, responses to inquiries from companies and confirmation of account creation. You can also subscribe to emails pertaining to promotions, as well as our e-mail newsletter. You can opt-out of non-essential communications at anytime.
Updates – KelownaProAppliance.ca hereby reserves the right to update, modify, discontinue or terminate the Site at any time and at our sole and final discretion. Any changes to these Terms will be displayed in the Site, and we may notify you through the Site, by email and/or short message service. Please, refer to the date shown below for the date where effective changes were last undertaken. Your continued use of the Site after the last effective date of amendment to these Terms – either by registration or simple use – indicates your acceptance of any modifications thereto.
Responsibility for your Content – You are responsible for your Content, and once published, you must contact KelownaProAppliance.ca directly to have it removed. You assume any risk associated with your Content, including another user’s reliance on its accuracy or reliability, or any information in your Content that may make you identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of your Content as described herein. You may expose yourself to liability if, for example, your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation. We reserve the right to remove, screen, edit, or reinstate any Content from time to time at our sole discretion for any reason or no reason, and without notice to you.
Our Right to use your Content – We may use your Content in many different ways. This includes publicly displaying it, reformatting it, incorporating it into advertisements, distributing it, and allowing others to do the same on their own websites and media platforms. You hereby irrevocably grant us royalty-free, perpetual, irrevocable, non-exclusive, world-wide right and license rights to use your Content for any purpose, and you hereby represent and warrant to KelownaProAppliance.ca that you have all the rights, licenses, authorizations necessary to grant such license, thereby irrevocably granting the users of the Site and any third party publicly accessing the Site, right to access your Content in connection with their use of the Site and any service thereon. Finally, you irrevocably waive, and cause to be waived, against KelownaProAppliance.ca and its users any claims and assertions of moral rights or attribution with respect to your Content. By “use” we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of your Content.
Ownership – You own your Content, and we own the KelownaProAppliance.ca Content, including but not limited to visual interfaces and graphics, interactive features, design features, compilation, products, computer code, software, Company/user review and ratings, and any and all other multimedia elements and/or components of the Site, excluding your Content, the User Content and any Third Party Content displayed there. We own the copyrights, trademarks, trade names, service marks and other intellectual and proprietary rights associated with the KelownaProAppliance.ca Content and the Site throughout the world, which are thereto protected under copyright, trade dress, patent, trademark laws and any and all other applicable intellectual and proprietary rights. As such, you may not reproduce, modify, create derivative works or adaptations thereof, distribute, publicly display or in any way exploit any of the KelownaProAppliance.ca Content, in whole or in part, except as expressly authorized by us or our affiliates. Except as expressly set forth herein, we do not grant you any express or implied rights, authorizations or licenses, and any and all rights in and to the Site and the KelownaProAppliance.ca Content are ours.
Advertising – KelownaProAppliance.ca may publicly display advertisements and other information adjacent to or included with your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you. These advertisements may be tailored to the content the Site and Companies shown thereinto, and the nature and extent of such advertising by us is subject to change without prior notice. Please refer to our Policy for information regarding advertisement opt-out.
Newsletters – You may consent to subscribe to our newsletter service, which may be provided by us or through an authorized third party. Through our newsletter, you may receive quotes and deals information according to you user preferences. As our user, you will be able to select the amount and volume of emails received by you, along with the prices, travel destinations and other information. You will be able to unsubscribe from our newsletter at anytime.
User Content does not reflect the opinion of KelownaProAppliance.ca – At our discretion, and without any notice to you, KelownaProAppliance.ca reserves the right to remove or reinstate User Content. For example, we may remove User Content, correct a Company’s rating and reject subsequent submissions from you, disable your account, or block your IP address. KelownaProAppliance.ca does not take responsibility for the accuracy or completeness of User Content. You are responsible to use your judgement when determining the accuracy, completeness, or usefulness of any information, advice, opinions, or any other content found on the Site. We have no obligation to retain or provide you with copies of your Content, nor do we guarantee any confidentiality with respect to your Content.
Spam – KelownaProAppliance.ca and its affiliates take spam seriously, and we encourage you and our users to report any spam activities to us. We will not tolerate, nor allow others to use any information from the Site, for the transmission of unsolicited bulk communication to any of our users or to any third party. You may not access the Site to harvest and/or collect any information about our users, for any purpose, and any commercial communication that you may receive from us and/or our partners, licensors, suppliers and affiliates will clearly indicate measures to stop receiving such communications, including unsubscribe links and appertaining instructions.
You may not use the site to bully other users, upload illegal material, modify site content, send spam or hack into user information.
In connection with your use of the Site, you agree that you shall not:
- Help, motivate, or enable others to infringe these Terms;
- Impersonate any person or entity, including without limitation, a KelownaProAppliance.ca officer or agent;
- Plagiarize or infringe the intellectual property rights of a third party; including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, personality rights or any other intellectual property or proprietary right;
- Use any automated process to obtain, copy, process, access or use our services or any process, whether automated or manual, to capture data or content from any of our users, Content or Services for any reason;
- Collect, receive, transfer or disseminate any personally identifiable information of any user of the Site without the express authorization of the holder;
- Engage in keyword spamming of reviews or profile text, or otherwise attempt to manipulate any Site’s search results, write fake or defamatory Content or trade reviews with other businesses;
- Upload, post or otherwise disseminate any content that: (i)infringes or violates the intellectual property rights of any third party, including any trademark, copyright, trade secret, moral rights, ancillary rights or other rights therefrom, or causes or results in the violation of any applicable law or regulation, (ii) in any way exploits the Site other than as specifically sanctioned by us; (iii) encourages any conduct that could promote or cause discrimination, racism, hatred, harm or violence against any individual or group of persons; (iv) threatens minors in any manner; (v) promotes or encourages illegal, fraudulent or inappropriate activities; and/or (vi) promotes or disseminates any content that is or may be considered obscene, pornographic, inappropriate or otherwise objectionable;
- Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site Content (other than your reviews), except as expressly authorized by KelownaProAppliance.ca;
- Remove or modify any watermark, copyright, trademark or other proprietary rights notice that appears on any image, banner, frame, content or portion of the Site or to retrieve or index any portion of the Site;
- Delivers or attempts to deliver, any unsolicited advertising, electronic email, promotion, spam or chain letters;
- Use the Site to give other users any type of computer viruses, worms, defects, Trojan horses or other items of a destructive nature;
- Take any action that will or may cause an unreasonably large load on KelownaProAppliance.ca’ technology infrastructure or otherwise make excessive traffic demands of the Site;
- Bully, intimidate, harass, put undue pressure, initiate a legal action, threaten a legal action against any user of the Site; or
- Use the Site for any purpose that is unlawful or prohibited by these terms and conditions.
You shall not use the Site in any manner that could interfere with any other user’s use and enjoyment of the Site. Furthermore, you may not attempt to gain unauthorized access to any of the Site, services, accounts, computer systems or networks connected to KelownaProAppliance.ca through hacking, password mining or any other means.
KelownaProAppliance.ca reserves the right to decide what data, content, or information is published to, or removed from, the Site that is deemed to violate any of the above restrictions.
5. INTELLECTUAL PROPERTY
Limited License and Copyright – Subject to these Terms, you grant KelownaProAppliance.ca a non-exclusive, non-transferable, limited right to access, use and display this Site and the visible text, graphics or images thereon (the “Materials”) and to view and download the Materials, only in connection with your personal and non-commercial use of the Site. This authorization is not a transfer of title in the Materials is subject to the restrictions in the Terms.
Non-infringement – You may not post or otherwise make available to the Site any material that is protected by a copyright, trade-mark or other proprietary right without the express permission of the owner. You agree to assume sole liability and to indemnify KelownaProAppliance.ca for any damage resulting from infringement of any third party’s copyrights, trade-marks or other proprietary rights or any other harm resulting from your use of such infringing materials in a Review, or on or in connection with the Site.
6. LIMITATIONS ON LIABILITY AND DISCLAIMERS
In no event shall KelownaProAppliance.ca or its affiliates, agents, licensors, suppliers or their respective directors, officers or employees be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever, whether based on warranty, contract, tort, or any other legal theory, and whether or not you are advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. KelownaProAppliance.ca’ maximum cumulative liability to you for any losses or damages arising out of or in connection with your access of the site and any services therein shall be limited to: (i) the amount paid, if any, by you to us in connection with the site and any services therein during the 12 months prior to the action giving rise to such liability (if any); or (ii) CDN$50 (fifty cdn dollars), whichever amount results inferior. The use of this site is at your own risk and KelownaProAppliance.ca assumes no liability or responsibility pertaining to the content, your use of the site or the receipt, storage, transmission or other use of your personal information.
The materials and information accessible through this site may contain inaccuracies and typographical errors. KelownaProAppliance.ca and its affiliates make no representations or warranties about the accuracy or completeness of the materials or information accessible on or through this site, or the reliability of any advice, opinion, statement or other information displayed or distributed through this site. KelownaProAppliance.ca assumes no responsibility for the accuracy and completeness of any review. You acknowledge that any reliance on any of the foregoing shall be at your sole risk. KelownaProAppliance.ca will not be responsible to you or any third party for any damages, expenditures, loss of profits, or prospective profits of any kind or nature sustained or arising out of or alleged to have been sustained or to have arisen out of your use of this site.
Your use of our site is at your own risk, and therefore you hereby acknowledge and agree that we supply our services “as is”, “with all faults”, and “as available”, including all content, software, materials, services, functions, and/or information made available through the site. KelownaProAppliance.ca is not responsible for any content or information that you may find undesirable or objectionable. KelownaProAppliance.ca hereby disclaims any and all liability arising out of or related to any purported facts or information and description of any products displayed on our site, including all warranties of any kind, either express or implied, including, without limitation, warranties of title, merchantability, fitness for a particular purpose or non-infringement. Any damages suffered as a result of the use, inability to use, failure of, or any omissions or inaccuracies in, this website, any linked websites or linked social media platforms, or any of the services or content of the foregoing. You understand that KelownaProAppliance.ca is a private corporation and has no connection to any governmental body. Neither KelownaProAppliance.ca, nor its employees, affiliates, contractors and/or agents warrantee that the site will be error-free, uninterrupted, secure, or produce particular results, that a quote is current, valid and/or un-expired, or that the information obtained therefrom will be reliable or accurate. No advice or information given by KelownaProAppliance.ca or its employees, affiliates, contractors and/or agents shall create a guarantee.
From time to time, KelownaProAppliance.ca may offer, either on or through the Site, promotions or games (“Promotions”). You agree to release KelownaProAppliance.ca and its agents, advertisers, sponsors and / or promotional partners, from all liability arising from participation in any Promotion located on, or accessed through the Site. You agree to be bound by the rules of any Promotion. If you violate any such rules or guidelines for behaviour posted on the Site, you will be subject to immediate disqualification and will become ineligible to be awarded any prizes. KelownaProAppliance.ca reserves the right to cancel, terminate or alter any Promotion or the rules thereof at any time without prior notification.
9. LEGAL DISPUTES
KelownaProAppliance.ca is committed to resolving disputes quickly in a cost effective and neutral way. Accordingly, you and KelownaProAppliance.ca agree to resolve any dispute that arises out of this Agreement or our services (a “Claim”) in accordance with one of the subsections below or as KelownaProAppliance.ca and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly.
Get in touch: It is our belief that many disputes can be resolved amicably. We encourage you to contact us by phone or email us before resorting to alternatives.
Improperly Filed Claims – Claims you bring against KelownaProAppliance.ca must be resolved in accordance with this Legal Disputes Section. A claim filed or brought contrary to the Legal Disputes Section shall be considered improperly filed. A claim filed contrary to the Legal Disputes Section may allow KelownaProAppliance.ca to recover legal fees provided that KelownaProAppliance.ca has notified you in writing of the improperly filed claim, and you have failed to promptly have the claim withdrawn.
You agree to assist us with the or something in here to get people to agree to work with us.
Law and Forum for Legal Disputes – This Agreement shall be governed in all respects by the laws of the Province of Ontario, Canada as they apply to agreements entered into and to be performed entirely within Ontario between Ontario residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against KelownaProAppliance.ca must be resolved exclusively by provincial or federal court located in Toronto, Ontario, Canada except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. For the purpose of litigation all such claims or disputes, you agree to submit to the personal jurisdiction of the courts located within Toronto, Ontario, Canada.
Arbitration Option – For any claim (excluding claims for injunctive or other equitable relief) totalling an amount of less than $25,000, the party requesting relief will elect to resolve the dispute through binding non-appearance-based arbitration. Arbitration shall be initiated through an established alternative dispute resolution (ADR) provider which shall be mutually agreed upon by all parties. The following rules shall be complied with by the ADR provider and the parties: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions. The initiating party shall choose the specific manner by which the arbitration will be conducted; (b) the arbitration shall not involve any personal appearances by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Force Majeure – KelownaProAppliance.ca will not be liable for any failure to perform our obligations hereunder, where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.
Severability – If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of these Terms will remain in full force and effect. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder.
Relationship – You and KelownaProAppliance.ca are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.
11. CONTACT US
If you have any questions regarding these Conditions of use, you can reach us at the following address:
#83-1644 Hillside Ave. Victoria BC
Date of last update to this policy: 1st August 2020