TERMS OF USE
These Terms of Use govern your use of this site (“Site”) which is owned and operated by Kruger Products Limited (“KPL”). Any person who wishes to use this Site must accept these Terms of Use without change. BY ACCESSING THIS SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE AND ALL RELATED POLICIES AND GUIDELINES OF THIS SITE.
These Terms of Use or any other policies or guidelines governing the Site are subject to change by KPL at any time in its sole discretion. Any changes will be effective upon the posting of the revisions on the Site. Your use of the Site will be subject to the most current version of the Terms of Use posted on the Site at the time of such use. Your continued use of this Site after such changes are implemented constitutes your acknowledgment and acceptance of the changes. Please consult these Terms of Use regularly. IF YOU DO NOT AGREE TO ANY CHANGES TO THESE TERMS OF USE, PLEASE IMMEDIATELY DISCONTINUE YOUR USE OF THE SITE.
Access & Security
To access this Site or some of the resources it has to offer (including the possible purchase of certain KPL products available through the Site) (“Products”), you may be asked to provide certain registration details or other information. It is a condition of your use of this Site that all the information that you provide to this Site will be correct, current, and complete. If KPL believes that the information you provide is not correct, current, or complete, KPL has the right to refuse you access to this Site or any of its resources, and to terminate or suspend your access at any time. However, KPL has no obligation to verify the accuracy, currency completeness or usefulness of any information that you have provided.
Certain sections of this Site are only accessible with the use of a username and password that may be provided to you by KPL upon your registration with KPL. Any such username or password or combination thereof (“Credentials”) may at KPL’s discretion be terminated, deleted or reassigned, and any consequent access to ordering any goods and services unreasonably withheld at any time. In addition, KPL may undertake the same if:
you are not at least eighteen (18) years of age;
you provide false or incorrect data as part of entering into this contract or
registering for or obtaining your Credentials; or
if, in KPL’s sole determination, contracting with you presents an abnormal risk of loss, in which case you will also be notified, to the extent possible, to the information provided on KPL’s records by electronic means or otherwise.
Any Credentials used for this Site are for individual use only and are your responsibility. KPL will be entitled to monitor your Credentials, at its discretion, require you to change them. If you use Credentials that KPL considers insecure, KPL will be entitled to require your Credentials to be changed and/or terminate your account.
KPL and its officers, directors and employees will not be responsible for the unauthorized use of your profile by any other person and are under no obligation to confirm the actual identity of any password. You also agree to change your password on a regular basis in order to reduce the potential for unauthorised third party use and agree to notify KPL immediately upon becoming aware of any known or suspected unauthorized use(s) of your password to gain access to your profile, or any known breach of security, including loss, theft or unauthorized disclosure of your password or account, via e-mail to info@scottiesphotos.ca. KPL cannot and will not be liable for any loss or damage arising from your failure to comply with these provisions.
KPL may comply with any request or orders from law enforcement authorities, courts or other quasi-judicial organisations (subject to any statutory restrictions in doing so) requesting or directing KPL to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. By accepting these Terms of Use you waive, and hold KPL harmless from, any claims resulting from any action taken by KPL during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either KPL or law enforcement authorities.
Sale of Goods
You acknowledge that any and all purchase and sale of goods of the Products listed on this Site shall be governed by the terms and conditions set out in these Terms of Use.
While KPL attempts to be as accurate as possible regarding its Products, and to ensure that all information contained on the Site is accurate and up-to-date, KPL does not warrant that the descriptions of the Products, proposed delivery timetables, pricing and other content of this Site regarding the Products is accurate, complete, reliable, current or error-free. The description and pricing of the Products are subject to change at any time. While commercially reasonable efforts are made to ensure that all Products will be in stock and be ready to ship, backlog, unexpected demand and unforeseen events may lead to delays in shipment and all orders are subject to Product availability.
Other than any limited warranties that may be specified in this and any other limited warranties that may be applicable to specific Products on the Site, KPL assumes no responsibility for the quality, accuracy or completeness of any Product made available to you through the Site. You acknowledge that any reliance on the Site or the Product will be at your own risk and that you must evaluate and bear all risks associated with the acquisition of the Products.
Confirmation
Following your successful entry of the required registration information on the secure order pages contained on this Site and payment in full of the purchase price for the Product, KPL shall promptly review and verify your registration information and order for accuracy, completeness and availability of the requested Products. After completing its review, KPL shall send you an email that confirms the details of your order, including a listing of the Products purchased and the fees paid by you for such Products, including discounts if applicable. Once confirmed all orders are firm and may not be cancelled by you.
Delivery
Products ordered by you will be shipped to an address specified by you as long as that shipping address is compliant with the shipping restrictions contained on this Site. All Products purchased using this Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
Restrictions On Use
You may not (and may not authorize any other party to) (i) co-brand this Site; (ii) frame this Site; or (iii) hyperlink to this Site without the express prior written permission of KPL. KPL does encourage links to this Site and should you be interested in obtaining permission to do so, please contact info@scottiesphotos.ca for more information. For purposes of these Terms of Use, “co-branding” means to display any name, logo, trade-mark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Site or content accessible within this Site or which may confuse a user as the nature of the relationship between any party and KPL. You agree to cease and desist causing any unauthorized co-branding, framing or hyperlinking upon notice from KPL and at all times you will cooperate with KPL following KPL’s discovery of any such illegal activity.
Proprietary Information
The Site and any other Internet services, including website or portals, owned, operated or licensed by KPL accessible from this Site, contain text (including descriptions of the Products), graphics, photos, software, logos, icons and other materials (“Site Content”) furnished by KPL. The Site Content is protected under Canadian copyright, patent and trade-mark laws and other laws of Canada and other nations. All Site Content, including the collection, arrangement, and assembly of such content, are the exclusive property of KPL. You may not copy, sell, license, transfer, publish, reproduce, modify, display, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, bundle, sublicense, export, merge, loan, rent, lease, assign, share, outsource, host, distribute in anyway, prepare derivative works based on, re-post, make available to any person or otherwise use, either directly or indirectly, any of the Site Content, in whole or in part, in an form or by any means whatsoever, be they physical, electronic or otherwise, for any public or commercial purpose, without the prior written consent of KPL. You shall not permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of KPL or allow any third party to access the Site Content. The restrictions set out herein shall not apply to the limited extent the restrictions are prohibited by applicable law.
Trade-marks, service marks, and logos appearing in this Site are the property of KPL or the party that provided the trade-marks, service marks, and logos to KPL. KPL and any party that provided trade-marks, service marks, and logos to KPL retain all rights with respect to any of their respective trade-marks, service marks, and logos appearing in this Site. Nothing contained in this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trade-mark displayed on this Site.
Third Party Content
This Site may also contain information or materials, (“Third Party Content”) that is owned or provided by persons other than KPL (“Third Party Providers”). KPL makes no representations or warranties with respect to such Third Party Content and does not undertake to conduct any independent investigation of Third Party Content. Inclusion of information or materials from third parties on this Site does not mean, unless expressly stated otherwise, that KPL or any of its affiliates endorse or agree with such information or materials.
You understand that you have no proprietary rights in the Third Party Content and that the Third Party Providers retain all proprietary right, title or interest, including copyright, in their respective Third Party Content.
You may not copy, sell, license, transfer, publish, reproduce, modify, display, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, bundle, sublicense, export, merge, loan, rent, lease, assign, share, outsource, host, distribute in any way, prepare derivative works based on, re-post, make available to any person or otherwise use, either directly or indirectly, any of the Third Party Content, in whole or in part, in an form or by any means whatsoever, be they physical, electronic or otherwise, for any public or commercial purpose, without the prior written consent of the Third Party Providers. You shall use your best efforts to stop any such copying or distribution immediately after you become aware of such use.
You are granted a limited license to display on your computer, download, use and make one printed copy of the Third Party Content for your own private, non-commercial use only, so long as (i) you do not modify any such Third Party Content; and (ii) you ensure that any copyright or trade-mark notices contained in the specific Third Party Content are retained. Nothing in this limited license confers any ownership rights in the Third Party Content from any third party who has ownership rights in the Third Party Content available on the Site.
Privacy Policy
Please click here to read and review KPL’s Privacy Policy (“Privacy Policy”), which describes KPL’s privacy policies and practices in detail, as such statement may be amended from time to time by KPL. KPL advises you to check the Privacy Policy on a frequent basis for changes. By agreeing to these Terms of Use, you acknowledge and agree that certain information about you is subject to the Privacy Policy.
Conduct and Submissions
KPL expects that you will access and use the Site in a responsible manner in accordance with applicable laws. As a visitor to the Site, you may have the opportunity to submit content to be used with the Products. KPL welcomes your content (“Submission”) so long as such Submissions are not obscene, illegal, threatening, defamatory, invasive of privacy, infringing of third party intellectual property or privacy rights, or is otherwise injurious to third parties and does not consist of or contain software viruses. KPL will treat any personal information that you submit through this Site in accordance with its Privacy Policy.
Disclaimer of Warranties and Limitation of Liability
You, and not KPL, assume the entire cost of all necessary servicing, repair or correction in the event of any loss or damage arising from the use of this Site, the Site Content or the Third Party Content (“Content”) or the Products. You understand that KPL cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this Site for the reconstruction of any lost data.
KPL assumes no liability for loss or damage of any nature or kind in respect of the design, manufacture, use, performance or condition of the Products, whether arising out of or the use of the Products, whether or not defective. KPL warrants the materials and workmanship of the Products only in accordance with terms and conditions of any limited warranty statement that may accompany the individual Product as listed on the Site and as attached to the invoice documentation for the Products (collectively, “Product Warranties”).
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. EVERYTHING ON THE SITE, INCLUDING THE CONTENT AND THE PRODUCTS AVAILABLE THROUGH THIS SITE, SUBJECT TO ANY TERMS AND CONDITIONS SPECIFIED IN THIS AND RELATED DOCUMENTATION, IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. KPL EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT OR NON-INFRINGEMENT OR THOSE ARISING OUT A COURSE OF DEALING OR USAGE OF TRADE FOR THE SITE AND THE PRODUCTS. FOR GREATER CLARITY, KPL DOES NOT REPRESENT OR WARRANT THAT (I) THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED, RELIABLE, ACCURATE, COMPLETE, SUITABLE, VALID, TRUTHFUL, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS IN ANY WAY; (II) THAT ANY DEFECTS IN THE CONTENT WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (III) THE USE OF THE CONTENT AND THE SITE WILL BE TIMELY, SECURE, OR ERROR-FREE; (IV) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE CONTENT, THE SITE OR ANY PRODUCTS OBTAINED THROUGH THE SITE WILL BE ACCURATE, BENEFICIAL OR RELIABLE; OR (V) THE QUALITY OF ANY CONTENT OR PRODUCT OBTAINED BY YOU THROUGH YOUR USE OF THE SITE WILL MEET YOUR EXPECTATIONS. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND KPL MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME.
IN NO EVENT SHALL KPL, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, THIRD PARTY PROVIDERS, OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM: (I) YOUR USE OR INABILITY TO USE THE SITE, THE CONTENT OR ANY PRODUCT OBTAINED THROUGH THE SITE OR ANY SITE TO WHICH YOU HYPERLINK FROM THE SITE; (II) ANY THIRD PARTY CLAIMS THAT THE USE BY YOU OF THE CONTENT OR ANY PRODUCT VIOLATES ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHT OR PRIVACY RIGHT; (III) ANY FAILURE OF PERFORMANCE OF THE SITE OR THE CONTENT, WHETHER RELATED TO ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES OR LINE FAILURE; OR (IV) ANY OTHER MATTERS RELATING TO THIS SITE, ANY SUBMISSIONS, THE CONTENT OR THE PRODUCTS, BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, FUNDAMENTAL BREACH, FAILURE OF ESSENTIAL PURPOSE OR OTHERWISE, WHETHER OR NOT SUCH KPL HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT YOU MIGHT INCUR SUCH DAMAGES.
Purchase Price and Payment
The purchase of Products by you from KPL shall only be complete upon full payment to KPL of the price quoted by KPL immediately preceding the purchase of the Products. The prices quoted to the purchaser on the Site are subject to change without notice from time to time with respect to any uncompleted transaction. In addition to any other legal remedy, if your payment for Products fails to be properly remitted to KPL, KPL may refuse to enter into any further transactions with you in the future.
Taxes
The purchaser is responsible for all taxes, however designated, levied or based upon the purchase price for the Products, including without limitation any federal or provincial sales, excise or other taxes or amounts paid or payable by KPL in respect of the foregoing, exclusive, however, of taxes based upon KPL’s net income.
Indemnity
You agree at all times to indemnify, defend and hold harmless KPL, its subsidiaries, Third Party Providers, employees, contractors, agents, officers, directors, successors and assigns (the “Indemnified Parties”) from and against any claims, losses, judgements, actions, proceedings, damages, costs and expenses (including without limitation, reasonable legal and other fees and disbursements) incurred by any of the foregoing parties due to or resulting from your use or misuse of the Site, the Content, the Products, from Submissions that you post to, submit or transmit through the Site or from your violation of these Terms of Use. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the Content, the Site or the Products.
Applicable Law
These Terms of Use, and any other related agreements and interactions between you and KPL is governed by and is to be construed and interpreted in accordance with the laws of the Province of Ontario and the federal laws applicable therein without giving effect to any principles of conflicts of laws. You hereby attorn to the exclusive jurisdiction of the courts of the Province of Ontario.
Termination
You acknowledge and agree that these Terms of Use shall remain in effect for so long as you use this Site or the Products. You agree that this agreement can only be terminated by you once you have stopped using the Site or the Products. KPL reserves the right to terminate your use of the Site at any time, for any reason, with or without cause, if KPL believes that you are violating these Terms of Use in any way. KPL also has the right, in its sole discretion, to reject any Submissions. KPL may also terminate your password on the Site at any time, with or without cause or notice, for any reason. If you wish to terminate your account, you many choose to cease your use of the Site or to send KPL notification by e-mail to info@scottiesphotos.ca. KPL shall not be responsible for maintaining or returning Submissions or your password. You should always maintain a copy of your Submissions. You acknowledge that any termination of this agreement will not discharge you of any of your obligations to pay for any outstanding fees, charges or penalties owed to KPL at the time of termination. Sections REF _Ref98674027 \r \h 6, REF _Ref98672315 \r \h 7, REF _Ref98674068 \r \h 10, REF _Ref246320733 \r \h 13, REF _Ref98674093 \r \h 14, REF _Ref246320740 \r \h 15 and REF _Ref246320743 \r \h 18 shall survive any termination of these Terms of Use for any reason.
Entire Agreement
These Terms of Use, and any other legal notices, policies and guidelines of KPL specified herein constitute the entire agreement between you and KPL relating to your use of this Site and supersede any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties regarding such subject matter and the Terms of Use may not be amended or modified except in writing or by making such amendments or modifications available on this Site.
No Agency; Third Party Beneficiary
KPL is not your agent, fiduciary, trustee, or other representative. Nothing expressed or mentioned in or implied from these Terms of Use is intended or will be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to these Terms of Use. These Terms of Use and all of the representations, warranties, covenants, conditions, and provisions hereof are intended to be and are for the sole and exclusive benefit of KPL, you, and relying Third Party Providers.
Severability
If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.
No Waiver
KPL will not be considered to have waived any of its rights or remedies described in these Terms of Use unless the waiver is in writing and signed by KPL. No delay or omission by KPL in exercising its rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. KPL’s failure to enforce the strict performance of any provision of these Terms of Use will not constitute a waiver of KPL’s right to subsequently enforce such provision or any other provisions of these Terms of Use.
Electronic Communications
When you visit the Site or send e-mail to us, you are communicating with KPL electronically. You consent to receive communications from KPL electronically. KPL may communicate with you by e-mail or by posting notices on the Site in preference to any other means. You agree that all agreements, notices, disclosures, and other communications that KPL provides electronically satisfy any legal requirement that such communications be in writing.