Terms and conditions

Conditions of sale, see below.

 

GENERAL CONDITIONS OF USE
pointscanada.ca

Last updated: May 10, 2019
PLEASE READ THE GENERAL CONDITIONS BEFORE USING THE WEBSITE.

The following general conditions govern and apply to your use of or reliance upon the website maintained by Point S Canada (the “Website”). 

By accessing or browsing the Website, you declare that you have read and understood the general conditions of use and that you are bound by these terms. Please note that we may change the conditions of use at any time without notice. Your continued use of the Website will be considered an acceptance of the revised general conditions.

1. INTELLECTUAL PROPERTY

All intellectual property on the Website is owned by us or our licensors and includes any material protected by copyright, trademark, or patent law. All registered trademarks are owned and/or licensed by us. All content on the Website—including, but not limited to, text, software, code, design, graphics, photos, sound, music, videos, applications, interactive features, and any other content—is a collective work under Canadian and any other copyright law and is the property of Point S Canada Elements appearing on this Website may not be copied, reproduced, republished, downloaded, posted, transmitted, distributed, or modified, in whole or in part, whether in text, graphic, audio, video, or executable form, without our written authorization.

All rights reserved.

2. USE OF COMPANY CONTENT

We may provide you with certain information as a result of your use of the Website, including, but not limited to, documents, data, or information developed by us, or any other material that may assist you in the use of our Website or services (“Company Content”). Company Content may not be used for any purpose other than use of the Website and the services offered on the Website. Nothing herein may be construed as granting you a licence or intellectual property rights.

3. ACCEPTABLE USE OF THE SITE

You agree not to use the Website for any unlawful purpose or for any other purpose prohibited by this clause. You agree not to use the Website in any way that could adversely affect the Website, services, or commercial activities of Point S Canada
You also agree not to use the Website for any of the following purposes:

a) to harass, abuse, or threaten others, or otherwise violate any person’s rights;

b) to violate the intellectual property of Point S Canada or any other third party;

c) to upload or transmit computer viruses or any other software that could damage the property of Point S Canada or others;

d) to commit fraud;

e) to create or participate in gambling activities, lotteries, or illegal pyramid schemes;

f) to publish or distribute obscene or defamatory material;

g) to publish or distribute any material that incites violence, hatred, or discrimination against any group; and/or

h) to illegally collect information about others.

4. PROTECTION OF PRIVACY

When using our Website, you may provide us with certain information. By using the Website, you authorize us to use your information in Canada and in any other country in which we may operate.

We may receive information from external applications you use to access our Website, or we may receive information about you through various web technologies, such as cookies, histories, invisible pixels (also called “invisible GIFs”), and tags.

We use the information collected from you to ensure that you have a good experience on the Website. We may also trace some of the passive information we receive to improve our marketing and analytics, and to do so, we may work with third-party suppliers, including other marketers.

If you wish to block our access to any passive information we receive through the use of various technologies, you may choose to disactivate cookies in your web browser.

5. REVERSE ENGINEERING AND SECURITY

You may not undertake any of the following activities:

a) reverse engineering or disassembling any code or software on or from the Website; and/or

b) violating or attempting to violate the security of the Website via unauthorized access, the bypassing of encryption or any other security tool, data processing, or interference with any host, user, or network.

6. COMPENSATION

You agree to defend, indemnify, and hold harmless Point S Canada and its affiliates against any claims, lawsuits, or demands, including attorneys’ fees, that may arise from or relate to your use or abuse of the Website, your violation of the conditions herein, or your conduct and actions. If we wish to do so, we will choose our lawyer and participate in our own defence.

7. SPAM POLICY

You are strictly prohibited from using the Website or any service offered on the Website for illegal activities related to spam, including gathering email addresses and personal information from others or sending mass commercial emails.

8. THIRD-PARTY LINKS AND CONTENT

We may publish links to third-party sites or services. We are not responsible for any damages or losses related to the use of third-party services linked to from our Website.

9. SEVERABILITY

If any of these clauses is found to be unlawful, void, or inapplicable, in whole or in part, the inapplicable portion will not affect the validity and applicability of the other clauses of these conditions.

10. SERVICE INTERRUPTIONS

We may have to interrupt your access to the Website in order to carry out maintenance or unplanned emergency work. You agree that your access to the Website may be affected by unplanned or unanticipated downtime for any reason and that we shall not be liable for any damages or losses arising from such downtime.

11. NO GUARANTEE

While we have made reasonable efforts to ensure that the content of this Website is accurate, we cannot guarantee that the content is error-free, up to date, or exhaustive. Under no circumstances shall we be liable for any damages that may result from an error on the Website.

We assume no responsibility for any damages resulting from the misuse of the Website’s content. Furthermore, we cannot guarantee that the Website will be available without interruptions, errors, or omissions, or that defects will be corrected. It is also not possible to guarantee that the Website and the servers that make it available are free of viruses or harmful components. The Website and its content are provided “as is” and “as available” without any declarations, guarantees, or conditions of any kind, either express or implied.

If you decide to subscribe to services or features of the Website that require a subscription, you agree to provide accurate and up-to-date information about yourself as required by the relevant registration or subscription process and ensure their accuracy by making any necessary updates as soon as possible. You agree to maintain the confidentiality of all passwords or other account identifiers that you choose or that are assigned to you at the time of registration or subscription to Point S Canada or its partners and to assume responsibility for all activities related to the use of these passwords or accounts. In addition, you agree to notify us of any unauthorized use of your password or member account. We cannot be held liable, directly or indirectly, for any loss or damage of any nature whatsoever resulting from or related to your failure to comply with this provision.

You acknowledge that we may, without notice and at our sole and absolute discretion, suspend, cancel, or terminate your account or your use of or access to the Website or any of its services, and remove any information or content related to the Website or any of the services offered (and terminate your use of it), for any reason whatsoever, including if we believe you have violated these conditions. In addition, you acknowledge that we will not be liable to you or anyone else as a result of such suspension, cancellation, or termination. If you are dissatisfied with Point S Canada or any of its services, any of these conditions, or any of the rules, policies, guidelines, or practices related to the operation of Point S Canada or any of its services, your only recourse is to stop using the Website or service in question.

12. CONFIDENTIALITY

Internet communications are subject to interception, loss, or alteration; therefore, you acknowledge that any information or material you provide electronically by accessing or using this Website are neither confidential nor exclusive, except to the extent required by applicable law, and that unprotected email communications over the internet may be intercepted, altered, or lost.

13. LIMITATION OF LIABILITY

To the fullest extent of the law, we exclude all responsibility for any damages you may incur as a result of your use of the Website. The maximum liability of Point S Canada arising from your use of the Site is limited to one hundred (100) Canadian dollars or the amount paid to Point S Canada in the last six months, whichever is higher. This applies to any claims, including, but not limited to, loss of profit or income, indirect or punitive damages, negligence, civil liability, or fraud of any kind.

14. ADDITIONAL QUESTIONS AND INFORMATION

If you have any questions or require further information, please email us at communication.marketing@pointscanada.ca.

CONDITIONS OF SALE

By accepting delivery of the goods described on the face of this invoice, the Authorized Dealer agrees that such goods are delivered in accordance with the terms and conditions of the Pneus Unimax Ltée Affiliation Agreement and of this delivery slip.

IMPORTANT NOTICE TO AUTHORIZED DEALERS

TRANSPORTATION – INSURANCE

All shipments of goods sold by Pneus Unimax Ltée to the Authorized Dealer and/or to any of its branches may be made from any warehouse or other premises and by any carrier as determined by Pneus Unimax Ltée.

Pneus Unimax Ltée shall under no circumstances be responsible for any delivery delay, whether due to negligence or any other cause whatsoever. Pneus Unimax Ltée may agree to pay freight charges if minimum purchase quantities are met under certain conditions as set out in the warehouse sale transportation section of Pneus Unimax Ltée Commercial Regulation.

The Authorized Dealer acknowledges and certifies that any person who signs or will sign one or more merchandise receipts is and will be an authorized person as if he/she was or had been specifically appointed for such purpose.

As of the time the goods leave Pneus Unimax Ltée Distribution Center, or any other premises or warehouse chosen by Pneus Unimax Ltée, all risks thereon are immediately transferred to the Authorized Dealer. Loss, confiscation, destruction or damage of goods shall not release the Authorized Dealer from its obligations, nor shall it reduce or affect in any way its obligations. The Authorized Dealer agrees to insure the goods against loss or damages caused by fire, explosion, lightning, theft or any other additional or different risk that Pneus Unimax Ltée may require from time to time.

In the event of a claim, when the Authorized Dealer receives any insurance proceeds, the Authorized Dealer shall hold it as trustee for Pneus Unimax Ltée.

CONDITIONAL SALE

Ownership of all goods sold (the term « goods » includes, for the purposes of this agreement, tires, parts, equipment and accessories) remains with Pneus Unimax Ltée, notwhitstanding delivery of such goods, until payment in full of the purchase price of the goods and accrued interest, if applicable, as well as expenses, disbursements and expenditures incurred by Pneus Unimax Ltée, related to any action taken to obtain payment of these monies under this agreement.

The goods must remain in the Authorized Dealer’s possession as long as they are not sold; under no circumstances can they be moved to any other premis-es without prior written notice to Pneus Unimax Ltée, which shall always be informed of the address of the premises where the goods are kept; goods must be free and clear of any seizure, forfeiture, rights or claim of any nature or any kind, and of any retaining lien or right, whether such lien or right results from the law, possession or other; goods must remain in new condition.

The Authorized Dealer shall not sell or otherwise dispose of the goods, except in the normal course of its business. Immediately, when a good is sold, the good’s price shall become due and payable immediately. The Authorized Dealer shall then pay to Pneus Unimax Ltée any sale price or proceed which shall not be less than the amount of the aforesaid purchase price owned to Pneus Unimax Ltée.

As additional guarantee, the Authorized Dealer agrees to immediately notify Pneus Unimax Ltée of any sale by the Authorized Dealer of the aforementioned goods, and hereby irrevocably transfers and assigns to Pneus Unimax Ltée all its rights in the sale price and proceeds or such goods.