Terms and Conditions of Use
1. AGREEMENT TO TERMS AND CONDITIONS
If you do not agree to be bound by and to comply with the foregoing, you may not access or use the Platform and must leave the Platform immediately.
2. LEGAL AGE FOR USING THE PLATFORM
By accessing or using the Platform, making a purchase using the Platform or opening and using a customer account on the Platform, you represent that you are at least of the age of majority in your state or province of residence (“Legal Age”), or that you are of Legal Age and consent to allowing any of your minor dependents to use the Platform (“Parental/Guardian Consent”).
If you are not of Legal Age or do not have Parental/Guardian Consent to use the Platform, you must leave the Platform immediately.
3. OWNERSHIP OF PLATFORM CONTENT, RESERVED RIGHTS AND LIMITED GRANT OF LICENCE
The Platform consists of various content, including without limitation graphics, texts, icons, buttons, videos, audio and other files, images, designs, texts, trademarks, source code, multimedia clips, brand names, software, and the selection and arrangement of the contents of the site, and other materials (collectively, the “Platform Content”), which is either owned or used under licence by us as necessary.
Each component of the Platform, including without limitation all Platform Content, is protected to the fullest extent permitted by applicable law, including without limitation copyright, trademark, patent and all other applicable intellectual property and other proprietary laws.
Your use of the Platform, including without limitation all Platform Content, does not grant or transfer to you any ownership or other title, right or interest in the Platform, the Platform Content or any component of the foregoing.
4. CUSTOMER ACCOUNTS AND ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
You may be required to register for a customer account (an “Account”) in order to access or use certain features or parts of the Platform. If you choose to register, we will require certain information, including personal information, to create and operate your Account. When you open an Account on the Platform, you agree to provide current, complete and accurate information, and to promptly update any information as it changes. You agree to promptly update your Account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
It is your sole and absolute responsibility to keep confidential and secure the username, password and any other confidential, personal or sensitive information associated with your Account. You are solely responsible for any and all activities which occur under your Account and agree that we are authorized to act on any instructions received under your Account without any requirement for us to question such instructions or to make any further verifications. If you discover that your username, password and/or Account are or have been used without your consent or discover any other breach of security, you agree to promptly notify us.
We are not responsible for any consequence of your failure to comply with the above, or for any delay in locking or deactivating any Account after you have reported a breach of security to us.
5. PERSONAL INFORMATION
6. ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Platform that contains typographical errors, inaccuracies or omissions that may relate to product or service descriptions, prices, images, promotions, offers, shipping charges, delivery delays and availability or any other Platform Content. The Platform may also contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. While we make efforts to display the products that appear at the Platform as accurately as possible, we cannot guarantee that the monitor or screen you are using will display of any color accurately.
We reserve the right to update or modify the Platform Content at any time, but we have no obligation to do so. Without limiting the generality of the foregoing:
We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Platform is inaccurate at any time, without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify on the Platform, including without limitation, pricing information, except as required by law. No specified update or refresh date mentioned on the Platform should be taken to indicate that all information on the Platform has been modified or updated.
Prices for our products are subject to change without notice.
We are not responsible if information made available on this site is not accurate, complete or current. Any Platform Content is provided for information only and should not be relied upon or used as the sole basis for making decisions. Any reliance on purely on the content of the Platform is at your own risk.
The Platform and all products or services delivered to you through the Platform are, except as expressly stated by us, provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. We do not guarantee, represent or warrant that the Platform and your use thereof will be uninterrupted, timely, secure or error-free. You expressly agree that your use of, or inability to use, the Platform is at your sole risk.
The information and descriptions of the products or services that may be procured on the Platform are not intended to be complete and accurate statements of all terms, conditions and exclusions related to any products and services. All descriptions of products and related information, including availability status and pricing, are subject to change at any time without notice, at our sole discretion.
We reserve the right at any time to modify or discontinue the Platform (or any part or content thereof) without notice at any time. We may also shut the Platform down or take it offline for indefinite periods of time without notice from time to time.
We shall not be liable for any update or change (including without limitation updates or changes regarding posted prices or availability), suspension, maintenance or discontinuance in connection with the Platform or any product or service mentioned thereon.
8. RIGHT TO LIMIT SALES, DISCONTINUE PRODUCTS AND/OR REFUSE OR CANCEL ORDERS
Products or services may have limited quantities, and any product or service which appears to be available may in fact be backordered or no longer available for an indefinite period of time despite our best efforts. We reserve the right to discontinue any product at any time without notice. Some products or services on the Platform may only be available in certain areas or jurisdictions. Any products or services on the Platform are made available in accordance with local law and only where they may be lawfully offered for sale. We reserve the right to limit the sales of any products or services available through the Platform to any person, geographic region or jurisdiction, including on a case-by-case basis. Certain products or services may be available exclusively through the Platform.
We reserve the right to refuse or cancel, in our sole discretion, any order you place with us.
We may, in our sole discretion, limit or cancel quantities purchased per person, per customer or per order. These restrictions may include orders placed by or under the same Account, the same credit card, and/or orders that use the same billing and/or shipping address.
In the event we make a change to or cancel an order, we will notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
9. LIMITATIONS OF LIABILITY
In no case shall Blueway, division of Sonepar Canada Inc., its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, be liable for any injury, loss, claim, or damages of any kind (including as applicable any direct, indirect, incidental, punitive, special, or consequential damages), including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, civil liability, tort (including negligence), strict liability or otherwise, arising from your use of any of the Platform or any products or services procured using the Platform, including, without limitation, any errors or omissions in any content and any loss or damage of any kind incurred as a result of the use of the Platform or any content, service or product made available or procured using the Platform, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for certain damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
10. PROHIBITED USES
You agree to indemnify, defend and hold Blueway, division of Sonepar Canada Inc., its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, losses, liabilities, claims or expenses, including reasonable attorneys’ fees, made or incurred by any third party in relation to your use of the Platform.
12. REFERENCES TO THIRD PARTIES
Certain links on the Platform may direct you to websites or applications outside the Platform operated by third parties not affiliated with us. These are provided for the sake of convenience only on an “as is” and “as available” basis without any endorsement, warranties, representations or conditions of any kind. These other sites or applications were independently developed by third parties, and we do not assume any responsibility for the accuracy or appropriateness of the content of such sites or applications.
The mention of another party or its product(s) or service(s) on the Platform must not be construed as an endorsement, adoption or sponsorship of that party or its product(s) or service(s). You must make your own examination and evaluation before acquiring, using or relying upon any such products or services, or doing business with any such third party.
We shall not be liable for any loss or damages related to the purchase or use of products, services, resources, content, or any other transactions made on any third-party websites or applications, however mentioned on the Platform. Please review carefully the terms and conditions of sale or service and related policies and practices of third parties and make sure you understand them before you engage in any transaction with them. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
You may terminate this agreement at any time by deleting your Account if you have one, or when you cease accessing or using the Platform. If you access or use the Platform subsequently, you will be deemed to have accepted our Terms and Conditions again, which shall apply to each instance of access and use.
All obligations and liabilities of the parties incurred prior to the moment of termination shall survive for all purposes.
15. NO WAIVER
17. ENTIRE AGREEMENT
For the sake of clarity, the foregoing shall not affect the validity, application and performance of any credit agreement existing or which may be concluded between the parties.
18. GOVERNING LAW