These terms of service for www.fidelitypac.ca, constitute a legal agreement and are entered into by and between you and FIDELITY PAC METALS LTD. (“Fidelity,” “we,” “us,” “our“). The following terms of service (collectively, these “Terms of Service“) govern your access to and use of, including any content, functionality, products and services offered on or through, www.fidelitypac.ca (the “Website“), including our e-commerce portal available on the Website at www.fidelitypac.ca/english/shop-now/ and www.fidelitypac.ca/french/acheter-maintenant/ (the “Store”) .
By visiting our site and/or purchasing products from us, you engage in our “Service” and agree to be bound by the following Terms of Service, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants and/or contributors of content.
Please read these Terms of Service carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions set forth below, then you may not access the Website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features, tools or functionality which are added to the current Store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to the Website. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.
The information and material on and the functionality of the Website, including the Store, may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is restricted or unavailable at any time.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence and by placing orders for products through the Store, you represent that you are a duly authorized by the company you are employed by or otherwise represent to make orders on its behalf. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). Breach or violation of any of the Terms will result in an immediate termination of your Services.
We reserve the right to refuse service to anyone for any reason at any time. We also reserve the right at any time and from time to time, to disable, terminate or change the functionality of the Store or to disable or terminate your account, username and/or password, in our sole discretion for any or no reason, including any violation of any provision of these Terms of Service.
You understand that any content or submissions you make the Store may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on Website, without express written permission by us.
The headings used in these Terms of Service are included for convenience only and will not limit or otherwise affect these Terms of Service.
All orders, purchases or transactions for the sale of products made through the Store are subject to these Terms of Service and such other terms of sale and payment as may exist between Fidelity and the company you are employed by or otherwise represent. In particular, you acknowledge and agreed that Fidelity shall retain ownership of all products or materials purchased through the Store until Fidelity has received full and final payment for such products or materials. Additional terms and conditions may be applicable to parts or features of this Website and are hereby incorporated by reference into these Terms of Service.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on the Website is not accurate, complete or current. The material on the Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Website is at your own risk. This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only.
SECTION 4 – PRODUCTS
Certain products may be available exclusively online through the Store. These products may have limited quantities and are subject to return or exchange in certain circumstances. We have made every effort to ensure the description of the products that appear at the Store are accurate; however, we do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 5 – MODIFICATIONS TO PRODUCTS AND PRICES
All descriptions of products or product pricing are subject to change at anytime without notice, at our sole discretion. We reserve the right at any time to modify or discontinue any products without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 6 – ORDERS
We reserve the right, but are not obligated, to limit or cancel the sales and quantities of our products to any person, geographic region or jurisdiction or to refuse any order you place with us. We may exercise this right on a case-by-case basis. These restrictions may include orders placed by or under the same customer account and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
SECTION 7 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
You agree to provide current, complete and accurate purchase and account information for all purchases made at our Store. You agree to promptly update your account and other information, including your email address and your company’s billing and shipping information, so that we can complete your transactions and contact you as needed.
SECTION 8 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services, features or functionality through the Website (including, the release of new tools and resources). Such new features, services or functionality shall also be subject to these Terms of Service.
SECTION 9 – Intellectual Property Rights and Ownership
You understand and agree that the Website and its entire contents, features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, website layout, selection, and arrangement, are owned by the Company, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.
“Fidelity PAC”, “Always a Supplier, Never a Competitor”, Fidelity’s logo, and all other related names, logos, product and service names, designs, images, and slogans are trademarks of Fidelity or its affiliates or licensors. You must not use such marks without the prior written permission of Fidelity. Any other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on this Website are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.
You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, in any form or medium whatsoever except (a) your computer and browser may temporarily store or cache copies of materials being accessed and viewed; (b) one single user copy may be printed or downloaded keeping any proprietary notices thereon, which may only be used for lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever; and (c) in the event social media platforms are linked to certain content on our Website, you may take such actions as our Website and such third-party social media platforms permit.
Users are not permitted to modify copies of any materials from this Website nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website. If you breach these Terms of Service, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
You have no right, title, or interest in or to the Website or to any content on the Website, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.
SECTION 10 – PERSONAL INFORMATION
Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your company’s account from a public or shared computer so that others are not able to view or record your password or other personal information. You agree not to provide any other person with access to your company’s Store account unless expressly authorized by your employer. You agree to notify us immediately of any unauthorized access to or use of your username or password or your company’s Store account or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Website or in the Store that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
By using the Store, you hereby covenant and agree not to disclose any information regarding product pricing or available stock to any person other than authorized personnel within your company or organization who have similarly agreed not to disclose such information.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Website or its content:
(a) for any unlawful purpose or to solicit others to perform or participate in any unlawful acts;
(b) to violate any international, federal, provincial or state regulations, rules or laws;
(c) to infringe upon or violate the intellectual property rights of Fidelity or any other person;
(d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(e) to submit false or misleading information;
(f) to upload or transmit trojan horses, worms, robot, spider, logic bombs, viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
(g) to collect or track the personal information of others;
(h) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(i) for any obscene or immoral purpose;
(j) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
(k) to access content and data that is not intended for you;
(l) to breach or attempt to breach security and/or authentication measures which are not authorized;
(m) to restrict, disrupt or disable service to users, hosts, servers, or networks; or
(n) to attack the Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing or otherwise attempt to interfere with the proper working of the Website.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, INCLUDING THE STORE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
NEITHER FIDELITY NOR ITS SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER FIDELITY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
Limitation on Liability
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL FIDELITY NOR ITS SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Fidelity PAC Metals Ltd. and our subsidiaries, affiliates, partners, shareholders, officers, directors, agents, contractors, licensors, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using the Website.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
These Terms of Service and any policies or operating rules posted by us on this Website or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
The failure by us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. Any ambiguities in the interpretation of these Terms of Service shall not be construed against Fidelity.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.
SECTION 19 – CONTACT INFORMATION
Questions about these Terms of Service should be sent to us by e-mail at firstname.lastname@example.org or in writing to 855 Steeles Ave E, Milton, ON, L9T 5H3, Canada.