GENERAL TERMS AND CONDITIONS OF SALE AND USE OF THE ADVICE FROM A CATERPILLAR, LTD. (“AC”) WEBSITE
Please read the following General Terms and Conditions of Use and the Terms and Conditions of Sale of this AC website ("Website") carefully (this "Agreement"). You are welcome to print the complete and unabridged text of this Agreement.
Orders may only be placed on this Website by individual consumers and corporations purchasing goods other than for resale. Any resale or distribution of AC products purchased on this Website is strictly prohibited.
AC may amend this Agreement at any time immediately upon revision hereof and posting same as revised. You are solely responsible for reading this Agreement each time you visit and use this Website, and your continued use of this Website after any such amendment shall be deemed to express your unqualified agreement with this Agreement as then amended.
General Terms and Conditions of Use of ac website
This Website is owned and operated by AC. AC's principal place of business is located at the following address: 8 Price Street, Toronto, Ontario, M4W 1Z4.
You agree and consent to AC sending you information, by any media and at any address of yours that you have provided to AC, concerning any AC product promotion, advertisements, marketing information or other customer related materials. All communication to you by email will include an option for you to cancel, unsubscribe and withdraw your consent at any time.
Security and Personal Data
This Website is only intended for adults, and is not intended for children.
All material on this Website (drawings, designs, illustrations, photographs, sound tracks, written text, logos, trademarks...) are deemed to be the exclusive property of AC. You may not reproduce, by any means or process (except as expressly provided herein), totally or in part, distribute, publish, transmit, create derivative works based on, modify or sell any such material contained on this Website.
Any AC trademark, and all other AC related marks and logos, whether or not registered, displayed on this Website, as well as the domain name "Advice From A Caterpillar.ca," are and will remain the exclusive property of AC. Any reproduction, distribution, transmission, modification or AC and/or use of these trademarks for any purpose without prior, express written agreement is prohibited.
You may not remove any copyright, trademark or other proprietary notice contained on this Website or any content contained therein. You may make a single copy of web pages published on this Website for your own private, personal and non-commercial use, provided that any copy of such web pages shall retain all copyright and other proprietary notices contained therein.
Privacy and Accuracy
The internet is not a secure medium, and neither the privacy of your communications, nor visits to this Website, can be assured. AC shall not be liable or responsible for any interception of, access to, or fraudulent interference with, any communication or information you may send to this Website, whether credit card information, personal information, or otherwise, while in transit. The nature of internet communications means that your communications may be susceptible to data corruption, interception and delays. This Website may include inaccuracies or typographical errors. AC and any other persons involved in the management of this Website may make changes in the products and prices described in this Website, and to the content of this Website, at any time without notice. AC shall not be responsible for any detrimental reliance you place on this Website or its contents. Use of this Website is on an "as is" basis and is entirely at your own risk.
This Website may contain links to third party websites not under the operation or control of AC. Other websites that may be accessed from this Website by hypertext links are entirely independent of this Website and shall NOT, in any manner, be construed as any reflection on, any affiliation with, or endorsement of, any such site or entity, or its respective products or services. Such links are provided as a convenience only and cannot, and should not be interpreted as, an express or implied endorsement of such third party websites or any products or services offered thereon. You may only provide a link to this Website if expressly authorized in writing by AC.
Limitation of Liability
IN CONNECTION WITH YOUR VIEWING AND USE OF THIS WEBSITE, EXCEPT FOR ANY COMMERCIAL TRANSACTIONS THAT MAY BE UNDERTAKEN IN CONNECTION WITH THIS WEBSITE, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT AC SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, HARM, LIABILITY, LOSS, COST, EXPENSE, OR INJURY SUFFERED IN ANY CONNECTION WITH THIS WEBSITE WHATSOEVER, INCLUDING AS A RESULT OF USING, ACCESSING, COPYING, OR DOWNLOADING ANY PART OF THIS WEBSITE'S CONTENT. IN NO EVENT SHALL AC BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) HOWEVER IT ARISES, WHETHER FOR BREACH OF CONTRACT, OR IN TORT, NEGLIGENCE, EQUITY, OR OTHERWISE EVEN IF AC HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
YOU AGREE TO HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEBSITE AND WILL NOT MAKE A CLAIM AGAINST AC FOR LOST DATA, RE-RUN TIME, DATA CORRUPTION, BREACH OF SECURITY COMMUNICATION INTERCEPTION, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM ANY USE OF THIS WEBSITE.
AC SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY VISIT, USE OR DETRIMENTAL RELIANCE THAT YOU MAY PLACE ON THIS WEBSITE.
You agree and accept that AC denies, and is excluded from, any harm, loss, damages or other liability associated with any unauthorized third party conduct concerning this Website, including any cyber attack, Website availability (denial of service attack), or hacking of this Website, regardless of whether or not same arises where any personal information/credit card information may be accessed, sabotaged, viewed, copied, stolen, transmitted out or otherwise interfered with.
Disclaimer of Warranty
You accept and agree that AC does not guarantee or represent that:
- this Website is free from malware, unauthorized code, viruses, worms, trojan horses or other destructive material;
- the information contained on this Website is accurate, complete or up to date.
This Website may contain technical defects; AC does not agree or guarantee that any such defects will be corrected.
YOU AGREE AND ACCEPT THAT THE CONTENTS OF THIS WEBSITE AND ALL GOODS THAT MAY BE PROVIDED IN ANY CONNECTION WITH THIS WEBSITE ARE PROVIDED "AS IS” AND ARE FOR YOUR END USE ONLY, AND ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT, ARE DENIED AND DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID BY A COURT OF COMPETENT JURISDICTION. EXCEPT AS OTHERWISE EXPRESSLY AGREED, AC MAKES NO REPRESENTATIONS, WARRANTIES, COVENANTS OR GUARANTIES AS TO THE SECURITY, CONFIDENTIALITY, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THIS WEBSITE OR ANY OF THE CONTENTS OF THIS WEBSITE, OR ANY GOODS THAT MAY BE PROVIDED OR SOLD IN ANY CONNECTION WITH THIS WEBSITE.
This Website, and this Agreement, is provided in English only.
Law - Disputes
This Agreement shall be exclusively governed by and construed in accordance with the laws of Ontario, Canada, and the federal laws of Canada applicable therein, without regard to principles of conflicts of laws. You agree and confirm that all transactions, activities, undertakings by you and AC, and your use of this website, are deemed to have exclusively occurred, and taken place, within the Province of Ontario, Canada. This Agreement shall be interpreted only in accordance with the English language before an Ontario court of competent jurisdiction. In the event of a dispute, the Superior Courts of Ontario and all courts of appeal therefrom shall have non-exclusive jurisdiction to consider and determine all disputes, litigation, and claims, both at law and in equity that may arise in connection with this Agreement. You hereby irrevocably attorn to and accept the exclusive jurisdiction and venue of such Ontario courts for such purposes and waive any right which you may have to transfer or change the venue of any suit, action, or proceeding.
AC PRODUCT PURCHASE TERMS & CONDITIONS
Purchase - Terms of ordering
This Website may be used to order a selection of products from AC. For each order on this Website, your acceptance of this Agreement in force at the date of the order will be requested. Only persons with legal capacity, including persons over the age of 19, may purchase goods from AC through this Website. You represent, warrant and agree that you have such legal capacity, that you are not a minor, and that you acknowledge AC's material reliance on such representation and warranty.
To ensure a best quality service and product availability, quantities are subject to availability and at the discretion of AC.
For any exceptional order, please contact AC's customer service by phone or by email via our contact us page.
Purchase - Availability
Our offers of products and prices are valid only as they are presented on this Website, and subject to availability. From time to time, errors or amendments on this Website may exist, especially in case of simultaneous orders of the same product by several customers. In case of unavailability of a product after ordering, you will be informed of that by email or by phone as soon as possible, and we will propose to you to either order another item shown on this Website in substitution or to cancel your order.
AC is not liable in case of stock outage or unavailability of products.
AC reserves the right to change at any time and without any previous notice the items proposed on the AC website.
From time to time, some AC products may be offered for sale only through this Website and any permitted returns or exchanges may not be made by you at the AC store and therefore exchanges may take longer than otherwise indicated for other products.
For every order you make on this Website, you must provide complete and accurate information that is required. The information requested shall include: surname, first name, phone number, e-mail address, delivery and invoicing address.
Not all orders may be accepted, and AC reserves the right, in its absolute discretion, to decline or refuse any orders. AC, reserves the right to cancel any order placed by a customer with whom it has a dispute concerning a prior order, or if AC has reasonable cause to suspect that such customer has violated these Terms and Conditions, or is engaged in any fraudulent activity or for any other legitimate cause.
At your own risk, you agree to secure and protect your login information confidential and never communicate it to third parties. Accordingly, you agree that any purchase made using your login information shall be deemed to be done by you as the owner of the login information. If your password is lost, stolen or used fraudulently, you must inform AC immediately.
The data registered by this Website records and maintains a record of all transactions operated between AC and its customers. You agree and confirm that, in case of dispute between AC and one of its customers about a transaction made on this Website, all information, transaction data, records, and your activities on this Website that is captured, recorded, stored and maintained by AC shall constitute accurate, complete and reliable records and admissible legal evidence of all such activities, information, transactions and related content.
Purchase - Price Payment
The prices of AC products are indicated in Canadian currency, excluding duties, taxes and shipping costs (see "Shipping and Returns").
AC reserves the right to modify the prices of products offered on this Website at any time by posting same as this Website and without prior notice to you. You will be charged the prices displayed on this Website at the time your order is placed provided the goods ordered were available at this time.
You are required to pay for any order placed on this Website immediately when you place your order. We only accept payment by charge card or credit card. You cannot use store credits or gift certificates issued by the AC store to purchase items offered on this Website.
We accept the following charge cards and credit cards: MasterCard®, Visa®, American Express® and Discover. Your order will only be processed and accepted once we have verified your payment method and received authorization to process your payment.
Your charge card or credit card will only be debited when your order is processed and shipped. If any of the products in your order are unavailable, we will only charge you the prices, taxes, duties and shipping costs for the goods purchased.
Purchase - Reservation of title
All ordered products shall remain the property of AC until payment is received by AC and delivery has been made to you.
Shipping and Delivery - Delivery Zone
Goods purchased via this Website may only be delivered within Canada and the continental USA. For delivery outside of these regions, please contact us via our contact us page
Any delivery address situated outside of our delivery zone will be refused during the ordering procedure. AC will not process any order for which a post office box is provided.
Goods will be shipped to the delivery addressspecified in your order.
Shipping and Delivery - Shipping costs
You will be asked to select the shipment method you would prefer as part of the order procedure.
Delivery costs depend on the value and size of your order and the delivery service you select.
Please Note: any and all duties will be your responsibility and will be determined by the customs department in accordance to the laws in each specific region.
We will inform you of the shipping costs for the shipment method you would have selected in the order summary displayed on this Website before you confirm your order. This amount will be payable by you in addition to the price, including taxes, of the goods ordered.
Delivery Time - Time required for delivery
During the order processing, we will inform you of the estimated time for delivery and the various forms of delivery available for the goods purchased.
Delivery Time - Delay
You must report any failure to deliver or late delivery exceeding fourteen (14) business days to our customer service as soon as possible. In order for your claim to be accepted, do not notify us of non-delivery more than a maximum of thirty (30) calendar days from the date you were provided with the confirmation of your order.
You should check that your shipment is correct on delivery. If there are any discrepancies in your order when the products are delivered to you, you should note the nature of the potential discrepancy (e.g., open package, damaged goods, etc.) by hand, if possible, on the delivery notice, and sign.
If the goods do not conform to your order or you are not satisfied with them, you may return them, exchange them or request a refund according to the terms and conditions contained in the section entitled "Returns - Exchanges - Refunds".
AC shall not be responsible or liable for any delivery or return delays, interruptions, sabotage, interference or failures that are caused (whether directly or indirectly) by any cause, event, or circumstance that is outside of AC's influence or control, such as (without limitation) any labour unrest (strikes, lock-outs or otherwise), civil unrest, third party criminal conduct, pandemic, terrorism, natural disasters, extreme weather, or accidents.
Returns - Exchanges - Refunds
You are entitled to return any product ordered via this Website within the thirty (30) calendar days following the date of delivery, subject to the following terms and conditions (regardless of whether or not such purchase was a gift for another person):
Returns must be sent in their original condition and packaging to the following address: Advice from a Caterpillar, 8 Price Street, Toronto, Ontario, M4W 1Z4. You must enclose the original receipt with your returns, or a copy if you are returning part of your order.
For items received as a gift obtained from this Website, you are only entitled to a merchandise exchange and not a purchase price refund. In case of an exchange:
- if the amount of the product(s) selected in replacement is greater than the amount of the product returned, you will have to pay the price difference in accordance with this Agreement;
- if the amount of the product selected in replacement is less than the amount of the product returned, the price difference will be refunded by AC in accordance with this Agreement, except for a gift order.
If you exchange goods, the shipping costs for the first delivery will not be refunded and you will be charged for the shipping costs of the second delivery.
If you ask for a purchase price refund, AC will use commercially reasonable efforts to ensure that any refund will be made within five (5) business days of receipt of the goods returned by crediting your charge or credit card. Under no circumstances will it be possible to grant you an electronic credit usable on this Website, nor will the website issue a store credit for use in the AC store.
In either case (exchange or refund), the shipping costs incurred in returning any replacement goods to you will be refunded if you were justified in returning the goods because they were not as ordered (e.g., product reference error, damaged goods, etc.).
AC has sole and absolute discretion in determining whether the products are in original condition when returned to AC website.
AC will not be responsible or liable if any item that you have purchased on this Website and that you have attempted to return to AC is lost, misdirected or delivered late.
We do not exchange or allow refunds for goods purchased in the AC store via this Website.
The AC store does not offer refunds on any goods purchased on this Website. Under no circumstances will it be possible to credit your charge or credit card.
You represent and covenant that you are accessing this Website, and engaging in any associated transactions, within Canada and the continental USA and not from any other jurisdiction, territory or nation whatsoever. AC reserves the right to prosecute all misrepresentations, willful injury, fraud, malicious conduct, and any criminal conduct that you may engage in any connection with this Website.