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1) Terms and Conditions of Use
Welcome to the corporate website of the company PTRK design (http://ptrkdesign.com). Use of this site is governed by the Terms and Conditions set forth. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. The information and materials provided by PTRK design may be used for informational purposes only. By using, accessing or downloading materials from this website you agree to follow the terms and provisions as outlined in this legal notice, which apply to all visits to the PTRK design website, both now and in the future. PTRK design may at anytime revise and update the Terms and Conditions. You are encouraged to periodically visit this page to review the most current Terms and Conditions to which you are bound. If you do not agree to these Terms and Condition of Use, please do not use this website.
2) PLACE OF EXPLOITATION OF THE WEBSITE
PTRK design operates its website from its offices located in Canada. PTRK design makes no representation to the effect that the website elements can be used in places other than Canada and it is prohibited to access the website from territories where the legislation prescribes that the content or use of the website would be illegal. Those who choose to use the website do so on their own initiative and it is their responsibility to comply with all applicable local laws.
3) Editing, Deleting, and Modification
Company reserves the right in its sole discretion to edit or delete any information or content appearing on the Site and to remove any goods and services for sale. Upon notice published over the Service, Company may modify this Contract, or prices, and may discontinue or revise any or all aspects of the Site in its sole discretion and without prior notice. Modification of this Contract will be deemed effective upon publication on the Site with respect to transactions occurring after said date.
4) Ownership of Information and Materials
The information and any materials (including white papers, press releases, data sheets, product descriptions, and FAQs) available on or from this website are the copyrighted works of PTRK design, and any unauthorized use of that information or materials may violate copyright, trademark and other laws.
Any rights not expressly granted herein are reserved.
5) Trademark Information
PTRK design’s trademarks may be used only with written permission from PTRK design. PTRK design, are registered trademarks or trademarks of PTRK design. All other trademarks, brands, and names are the property of their respective owners. Except as expressly specified in these terms and legal restrictions, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, copyright or any proprietary rights of PTRK design or any third party
6) LINKS TO THIRD PARTY SITES
THE LINKS IN THIS AREA WILL LET YOU LEAVE PTRK DESIGN’S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF PTRK DESIGN AND PTRK DESIGN IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. PTRK DESIGN IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. PTRK DESIGN IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY PTRK DESIGN OF THE SITE.
In many instances, the content available through http://ptrkdesign.com represents the opinions and judgments of the respective information provider, User, or other user not under contract with PTRK Design. PTRK Design neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on http://ptrkdesign.com by anyone other than authorized PTRK Design employee spokespersons while acting in their official capacities. Under no circumstances will PTRK Design be liable for any loss or damage caused by a User’s reliance on information obtained through http://ptrkdesign.com. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through PTRK Design. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
7) MEMBER CCAOUNT, PASSWORD, AND SECURITY
If any of the Services requires User to open an account, User must complete the registration process by providing PTRK Design with current, complete and accurate information as prompted by the applicable registration form. User also will choose a password and a user name. User is entirely responsible for maintaining the confidentiality of User’s password and account. Furthermore, User is entirely responsible for any and all activities that occur under User’s account. User agrees to notify PTRK Design immediately of any unauthorized use of User’s account or any other breach of security. PTRK Design will not be liable for any loss that User may incur as a result of someone else using User’s password or account, either with or without User’s knowledge. However, User could be held liable for losses incurred by PTRK Design or another party due to someone else using User’s account or password. User may not use anyone else’s account at any time, without the permission of the account holder.
General conditions of sale
8) Setup and Payment
Buyer represents and warrants that (i) the credit card information supplied is true, correct and complete and (ii) charges incurred by the Buyer will be honored by the Buyer’s credit card company and (iii) Buyer shall pay charges incurred by Buyer at the amounts in effect at the time incurred, including all applicable taxes. Buyer shall be responsible for all charges incurred through use of Buyer’s password. Buyer agrees to keep his or her password confidential and to notify Company within 24 hours of any breach of this Contract or unauthorized use of the password. Company does not protect Buyer from unauthorized use of Buyer’s password.
9) Use of Information
PTRK Design reserves the right, and Buyer authorizes PTRK Design, to the use and assignment of all information regarding Buyer’s use of the Site and all information provided by Buyer, subject to applicable law.
THE PRICE PAYABLE FOR EACH PRODUCT THAT YOU ORDER IS THE ONE APPEARING NEXT TO THE PRODUCT OFFERED ON THE WEBSITE. ALL PRICES ON THE WEBSITE ARE IN CANADIAN DOLLARS.
B) SHIPPING COST.
COSTS OF TRANSPORT AND DELIVERY, AND APPLICABLE TAXES, ARE EXTRA (UNLESS WE INDICATE THAT THE TRANSPORT IS INCLUDED) AND APPEAR ON THE SCREEN BEFORE VALIDATING YOUR ORDER.
C) SALES TAXES.
APPLICABLE SALES TAXES ARE EXTRA AND ARE DISPLAYED ON THE SCREEN BEFORE VALIDATING YOUR ORDER.
D) CHANGE IN THE PRICE.
PTRK DESING RESERVES THE RIGHT TO MODIFY THE PRICES OF PRODUCTS OFFERED ON THE WEBSITE, WITHOUT NOTICE AT ANY TIME.
11) Refund Policy
If a product purchased is defective or not to Buyer’s satisfaction, Buyer can return the product in its original condition within 30 days of receipt, to the following address: 17500 rue Beaupre Becancour, Qc, Canada, G9H 1V2.Returned products must be accompanied by invoice and the order number. In such event, PTRK Design shall provide Buyer a credit for other purchases from the Site http://ptrkdesign.com (less shipping and handling charges incurred). This Section 11 sets forth Buyer’s sole and exclusive right to refund.
THE FOLLOWING PROVISIONS APPLY BOTH TO THE USE OF THE SITE (SEE SECTION 1 ABOVE) AS TO THE ORDERS OF PRODUCTS (SEE SECTION 2 ABOVE).
12) Disclaimer of Warranty; Limitation of Liability
A) USER EXPRESSLY AGREES THAT USE OF http://ptrkdesign.com IS AT USER’S SOLE RISK. NEITHER PTRK DESIGN, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT http://ptrkdesign.com WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF http://ptrkdesign.com, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH http://ptrkdesign.com.
B) http://ptrkdesign.com IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT PTRK DESIGN IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
D) IN NO EVENT WILL PTRK DESIGN, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING http://ptrkdesign.com OR THE PTRK DESIGN SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE http://ptrkdesign.com. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, PTRK DESIGN, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN http://ptrkdesign.com, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
F) FORCE MAJEURE – NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM ITS OCCURENCE. THE PERFORMANCE OF THS AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT.
13) Governing Law; Jurisdiction and Venue
This Agreement shall be governed by and construed in accordance with the laws of the Quebec of Canada exclusive of its choice of law principles. The Quebec courts shall have exclusive jurisdiction and venue over any dispute arising out of or relating to this Agreement, and each party hereby consents to the jurisdiction and venue of such courts.
14) General Provisions