Terms of Use

Acceptance of the Terms of Use

Welcome to Wplus.ca (the "Website"). Through the Website, 1723967 Ontario Inc. (herein collectively referred to as "wplus" also referred to herein as "we" or "us") provides customers with the ability to browse, order and purchase the products offered by Wplus.

These are our Website terms and conditions ("Terms of Use"). They go along with our Privacy Policy, which you can find at http://www.wplus.ca/privacy-policy.html, (“Privacy Policy”). Together these Terms of Use and Privacy Policy govern your access to and use of the Website, including any content, functionality and services offered on or through the Website, whether you are a guest or a registered user.

Please read the Terms of Use and the Privacy Policy carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website and you should cancel any open orders immediately by contacting Wplus.

Please note that these Terms of Use contain disclaimers and limitations on our liability to you.

Products

The products we offer are provided by third party product providers. We don’t manufacture anything, but act much like a regular store where you buy products offered by third party manufacturers. We aren’t responsible for the warranties of the third party product providers but we’ll help you deal with them if you run into any snags. If you want our help, we will ask you to tell us everything, so that we can more effectively deal with our product providers. You acknowledge that Wplus shall not be liable for the failure of any of our product providers to offer warranty services or replacements or for our inability to sell you products that we list, for any reason.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes will be effective immediately when we post them, and will apply to all access to and use of the Website thereafter.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check these Terms of Use frequently so you are aware of any changes, because they are binding on you.

Content and Intellectual Property Ownership

The information published on or through the Website may include data, text, software, scripts, images, graphics, photographs, pre-designed templates, video recordings, audio recordings, audiovisual combinations, and other interactive or similar materials (collectively, the "Content"), that has been provided by Wplus or its third party providers ("Third Party Licensors"). The Content provided by Wplus or Third Party Licensors contains trademarks, copyrights and other proprietary material, the ownership or licensed rights to which are held by Wplus or Third Party Licensors, as the case may be, and all such proprietary material is protected by law, including, without limitation, Canadian and U.S. trademark and copyright laws and international treaty provisions.

The "look and feel" of the Website (including colour combinations, text, images, the names and logos, button shapes, layout, design compilation and presentation of information and all other graphical elements, other than those owned or licensed by Third Party Licensors) are also Wplus's trademarks and/or copyrights, as the case may be.

The Content on all pages of the Website is provided solely so that you can interact with Wplus and may not be used by you, or any other person or entity, or for any other purpose. You do not receive any copyright in or to the Content itself. Neither your use of the Content nor the creation of products or materials using such Content creates joint authorship, joint ownership or "works made for hire" (as defined in U.S. copyright law, to the extent U.S. copyright law is applicable) in or regarding such Content.

You agree not to copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise use or exploit any Content, except as expressly permitted under these Terms of Use, without the prior written consent of Wplus, the relevant Third Party Licensor or other legal owner of such Content.

Your unauthorized use of Content accessed through the Website may constitute trademark or copyright infringement, misappropriation, conversion, unfair competition, or other potential provincial, state or federal causes of action, as applicable, which could subject you to substantial civil penalties, damages or other relief. The deletion or alteration of any copyright, trademark or other proprietary notices used or displayed through the Website is strictly forbidden. All rights not expressly granted to you under these Terms of Use are reserved.

Trademarks

Wplus, the term Wplus and the Wplus logo and all related names, logos, product and service names, designs and slogans are trademarks of Wplus, or its affiliates or Third Party Licensors (the "Wplus Marks"). You must not use the Wplus Marks without prior written permission from Wplus. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

Shipping

You will note in our Privacy Policy that we ask you for shipping information. Any errors that you make in providing shipping information – for example, leaving out your name or part of your shipping address or getting a street or apartment number wrong – will prevent the products you buy from us from being correctly shipped to you. If you do make such an error, and you don’t correct it before the goods are shipped from our third party provider, then you may have to pay for re-shipping of the goods to their point of origin and for shipping them again to you.

Our shipping policy is to ship goods by the most reasonable and lowest cost method. If you want us to use another method of shipping, there may be extra charges. For example, if you want air freight or post instead of truck or rail, you may have to pay more.

We make sure that the goods shipped by our product providers are properly insured. However, we rely upon you to let us know if there’s anything wrong with the goods promptly after you receive them. In some cases, our providers will not honor damage claims if they are not reported right away. So, don’t wait. Let us know if there’s a problem. If you take too long, we might not be able to get your goods replaced.

Shipping cost or charges may be calculated after the order is placed and thus may show an amount of $0.00 at cart confirmation page, customers will be updated with a complete invoice with shipping charges after the order is processed or while shipment is ready.

Our Lawyers Made Us Say This

Your submission of purchase instructions for a product shall constitute your representation and warranty to us and our product providers that the information you submit is accurate and correct in every way. We reserve the right, but not the obligation, to review the information that you submit to determine its suitability for purchase purposes and for compliance with these Terms of Use.

If you violate these Terms of Use, you acknowledge that Wplus and its affiliates and providers will suffer substantial damage to their respective reputations and goodwill and that you will be liable for any resulting damage, including consequential and indirect damages and that Wplus shall be entitled to injunctive relief. You further agree to indemnify, defend and hold Wplus, and its affiliates and providers and their respective officers, directors, employees, shareholders, agents, affiliates, subsidiaries, suppliers and representatives harmless from and against any and all claims, damages, losses, costs and expenses (including legal fees on a substantial indemnity basis) that arise directly or indirectly from: (a) your breach of any provision of the Website Terms of Use; or (b) any of your activities conducted in connection with the Website.

Accessing the Website and Account Security

We reserve the right to withdraw or modify the Website and any service or products we offer on the Website, in our sole discretion and without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period or if for any reason any product (even a product you ordered) is or becomes unavailable. Our liability will be limited to refunding to you the money you pay us.

From time to time, we may restrict access to some parts of the Website, or the entire Website, to you and other users.

You are responsible for:

·       Making all arrangements necessary for you to have access to the Website.

·       Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide via this Website or otherwise, including but not limited to information provided through the use of any interactive features on the Website, is governed by these Terms of Use and our Privacy Policy and you consent to all actions we take with respect to your information consistent with these Terms of Use and our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. Wplus cannot be responsible for any use of the Website by a person purporting to be you. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use or the terms and conditions imposed upon you by any of our product providers.

Terms of Sale

Except as expressly provided otherwise, all sales of products are final. Returns will be accepted for return r exchange if the product is in original packaging in the case of OUR error. To initiate a return, contact us to obtain a RMA (return merchandise authorization) code, a member of our service team will contact you to assist in processing your return. Any authorized return must include the product an all accessories in their original packaging along with all documentation (original invoice, RMA and original shipping label), and must be received by us within 10 calendar days of obtaining the RMA.

No refunds are available on orders unless the ordered products are unavailable.

All charges related to shipping are NOT REFUNDABLE.

Disclaimer of Warranty

YOU AGREE THAT YOUR ACCESS TO AND USE OF THE WEBSITE ARE AT YOUR SOLE RISK.

Wplus may provide through the Website links or references to Internet sites maintained by third parties. Wplus does not operate or control, and has no right or ability to modify or edit, in any respect any information, products or services provided on these third-party sites. Wplus assumes no responsibility for, and provides no warranty whatsoever with respect to, the content, privacy policies or practices of such third-party sites.

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN THESE TERMS OF USE, WPLUS PROVIDES THE WEBSITE, AND ANY INFORMATION PUBLISHED THEREIN, ON AN "AS IS," "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS WITHOUT WARRANTY OF ANY KIND AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WPLUS, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUPPLIERS, PROVIDERS, AGENTS, CO-BRANDERS AND OTHER BUSINESS ALLIES DISCLAIM ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, QUALITY, TITLE, NON-INFRINGEMENT, ACCURACY OF DATA OR CONTENT, DATA OR CONTENT SECURITY, AND ADEQUACY FOR ANY PARTICULAR USE, FUNCTIONALITY OR PRODUCTIVENESS, REGARDING THE WEBSITE, ITS CONTENT, OR ANY THIRD PARTY WEB SITES (AND THEIR RESPECTIVE CONTENT) LINKED TO THE WEBSITE AND REGARDING THE PRODUCTS REQUESTED THROUGH THE WEBSITE. NOTHING IN THESE TERMS OF USE WILL IMPLY THAT ANY COMMUNICATIONS PROVIDED TO OR THROUGH THE WEBSITE OR THIRD PARTY WEB SITES (THROUGH LINKS PROVIDED THROUGH THE WEBSITE), WILL BE ACCURATE OR SECURE, THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERRORFREE, OR THAT ERRORS WILL BE CORRECTED AT A CERTAIN TIME OR AT ALL. YOU HEREBY ASSUME THE ENTIRE RISK ASSOCIATED WITH USE OF THE WEBSITE, RESULTS OBTAINED, AND PERFORMANCE.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU; TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THESE TERMS OF USE.

WPLUS DOES NOT ENDORSE, WARRANT, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR PROMOTED THROUGH THE WEBSITE BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, ANY THIRD PARTY USERS OF THE WEBSITE.

Limitation Of Liability

IN NO EVENT SHALL WPLUS, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUPPLIERS, AGENTS, CO-BRANDERS OR OTHER PARTNERS HAVE ANY LIABILITY TO YOU UNDER THESE TERMS OF USE FROM THE USE (OR ATTEMPTED USE) OF THE WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WPLUS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO DAMAGES RESULTING FROM LOSS OR INTERRUPTION OF BUSINESS, LOSS OF PROFITS OR REVENUES, LOSS OF USE, LOSS OF ANTICIPATED BENEFITS, LOSS OF BUSINESS INFORMATION OR DATA, CORRUPTION AND THE LIKE), ERRORS, MISTAKES OR INACCURACIES IN ANY CONTENT, PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, UNAUTHORIZED ACCESS TO THE WEBSITE OR TO PERSONAL INFORMATION (AS DEFINED IN OUR PRIVACY POLICY) OR FINANCIAL INFORMATION STORED ON OUR SERVERS, ANY INTERRUPTION OR TERMINATION OF THE WEBSITE OR YOUR ACCESS TO THE WEBSITE, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT ARE TRANSMITTED BY OR THROUGH THE WEBSITE OR ANY THIRD PARTY WEB SITE LINKED THROUGH THE WEBSITE, ARISING OUT OF ANY LEGAL OR EQUITABLE THEORY, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF WPLUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH POSSIBILITY WAS REASONABLY FORESEEABLE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

THE MAXIMUM LIABILITY OF WPLUS TO YOU IS LIMITED TO THE AMOUNT YOU HAVE PAID WPLUS FOR THE SPECIFIC PRODUCTS IN RESPECT OF WHICH YOU HAVE A CLAIM AGAINST WPLUS.

YOU ARE ENTIRELY LIABLE FOR ACTIVITIES CONDUCTED BY YOU OR ANYONE ELSE IN CONNECTION WITH YOUR VISITING AND USE OF THIS WEBSITE AND YOU ACKNOWLEDGE THAT WPLUS SHALL NOT BE LIABLE FOR ANY CONTENT ACCESSED OR AVAILABLE THROUGH THE WEBSITE, OR COMMUNICATIONS TRANSMITTED, DISTRIBUTED, POSTED, OR OTHERWISE MADE AVAILABLE TO OR THROUGH THE WEBSITE, FOR ANY REASON WHATSOEVER.

IF YOU ARE DISSATISFIED WITH THE WEBSITE AND/OR ANY PRODUCTS OR SERVICES PROVIDED THROUGH THE WEBSITE, OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE WEBSITE.

Termination

These Terms of Use are effective until terminated by Wplus, which Wplus may do at any time without notice for any reason. In the event of termination, you are no longer authorized to access the Website or use the Website. The applicable restrictions imposed on you with respect to material downloaded from the Website, indemnification obligations, and the disclaimers and limitations of liabilities set forth in these Terms of Use shall survive such termination.

Governing Law and Venue

These Terms of Use shall be governed by and construed in accordance with the laws in force in the Province of Ontario, Canada, and the applicable federal laws of Canada, without giving effect to any principles or conflicts of law. Any claim, cause of action or proceeding arising from these Terms of Use or the conduct of the parties hereunder shall be commenced and maintained solely in the courts of the City of Toronto in the Province of Ontario and the applicable appellate courts. You and the Company irrevocably attorn to the jurisdiction of such courts.

Waiver of Jury Trial

You waive all rights to trial by jury in any action or proceeding instituted in connection with these Terms of Use, the Privacy Policy or the Website. Contact Information

Should you have any questions concerning these Terms of Use, you may contact Wplus at admin@wplus.ca.

Promotion

You agree to grant Wplus the permission to send you promotional newsletters, emails, marketing material through any means of media. If you wish not to, you may contact Wplus in regards to stop all promotional activities which may take up to 7 business days to get implemented.

Miscellaneous

These Terms of Use (together with the Privacy Policy) and any updates, modifications or amendments to these Terms of Use or the Privacy Policy, as well as any other legal notices provided or displayed through the Website, shall constitute the entire agreement between Wplus and you regarding your use of the Website.

If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Any failure by Wplus to exercise or enforce any legal right or remedy set forth in these Terms of Use, or otherwise under applicable law, shall not be deemed a waiver of Wplus's rights or remedies, which shall remain available to Wplus.

The rights granted to you under these Terms of Use may not be assigned to any third-party without the prior written consent of Wplus, in its sole discretion. These Terms of Use shall be binding upon you, your successors and approved assignees.

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