Welcome to our new website!
The following agreement (“Agreement”) sets forth the terms and conditions of service (“Terms”) on which Quintex Services Ltd. (“we”, “our” or “us”) offers you or your company (also referred to as “you” and “your”) access to this website (the “Site”). We make this Site available to you conditioned upon your acceptance of the Terms in this Agreement.
Any reference to “use” of the site or “services”, shall include use of the site, related services, and purchases made hereunder. By visiting this web site, purchasing any products from us, or using the Site in any way, you agree to be bound by the following Terms in this Agreement, as well as all other operating rules and policies referenced or made available via hyperlink on the Site. Use of any part of the Site binds you to the terms and conditions in this Agreement. If you do not agree to the Terms, then you must not use the Site.
We reserve the right to update, change or replace any part of these Terms at any time. The most up to date version of the Terms can be found on this page. It is your responsibility to check this page for changes. Use of the site constitutes acceptance of the current Terms.
1. General Conditions:
By agreeing to these Terms, you represent that you are at least the age of majority in your Province or State of residence, or that you are the age of majority in your Province or State of residence and you have given us your consent to allow any of your minor dependents to use this Site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of this Site or products, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any viruses or any code of a destructive nature.
Violating any Terms of this Agreement may result in immediate termination of your Services.
Headings used in this Agreement are included for convenience only and will not limit or otherwise affect these Terms.
2. Use of Site:
The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by us.
We reserve the right to refuse service, terminate accounts, and/or cancel orders at our discretion at any time.
We also reserve the right to suspend or terminate operation of the Site at any time and for any reason without notice or liability.
You understand that your content (excluding credit card information), 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. Credit card information is always encrypted during transfer over networks.
3. Purchasing Products:
You have a legal obligation to pay for any orders indicated to be made by you. By completing an order on the Site you are agreeing to pay, in full, the prices and all applicable taxes, shipping, handling and duties (if applicable) and other fees in relation to your order. If employees of a company are allowed to purchase items using Purchase Orders, Payroll Deductions or related methods then the company is responsible for complete payment within the agreed upon period or 30 days if no payment period was agreed upon. Late payments are subject to late fees. All other payments must be made in full at the time of the order by credit card or other permitted payment method. We reserve, the right in our sole discretion, to change the permitted methods of payment that we will accept at any time. We reserve the right to reject, correct, cancel or terminate any order for any reason whatsoever. If the price of any products you order was incorrectly displayed on our website, we will provide you with an opportunity to place an order at the correct price.
4. Offers to Purchase:
Electronic product catalogues, advertisements and similar materials on the Site are invitations to you to make offers to purchase our products and are not offers to sell. By properly completing and delivering your order form, you agree that you are offering to Purchase the products referenced in your order. Your order is deemed to be accepted by us only when we send a shipping notice to your email address. Taxes as applicable will be determined upon billing based on final unit price and cost of shipping. Your order may be delayed or canceled if your Information is incomplete or inaccurate, in which case, we will have no liability to you.
5. Accuracy and Modification of Information, Products and Pricing:
We do our best to keep the information on this Site accurate; however, content on the Site including, but not limited to, information about products, pricing, promotions or shipping details may not be accurate and is subject to change without notice at any time. We are not responsible if information on the Site is not accurate or current and we reserve the right to correct errors, change information and cancel orders at any time (including after an order is submitted).
We attempt to display images and colours accurately. However, any web images and descriptions of our products shall be understood to be representations only of said products. Variations in your screen’s display, web browser, or other software may affect the accuracy of any product or colour. Likewise, we do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectation, or that any errors on the Site will be corrected.
Any reliance on the material on this Site is at your own risk. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our site. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Site or products. This includes our right to update, change or replace any part of these Terms by posting updates and changes to our Site. It is your responsibility to check this page for changes and your continued use of or access to our Site following the posting of any changes to these Terms constitutes acceptance of the changes.
Any offer for any product or service made on this site is void where prohibited.
6. Your Billing and Account Information:
You agree to provide us with current, complete and accurate information when creating your account, using the site and making a purchase. In the event that your information changes you agree to update your information including credit card expiration, email, and address in order for us to complete your purchases and contact you if needed.
You are responsible for the accuracy of all of the information provided to us and it is your responsibility to keep username, password and other related information confidential and secure.
You are responsible for any activity, authorized or unauthorized, which occurs on the Site using your account. You agree, and are responsible for, immediately notifying us if your account is used without your consent or you otherwise discover a breach in your account’s security. We will promptly disable your account and attempt to rectify the situation but we are not responsible for any delay in shutting down your account after we are notified of a potential security breach.
We reserves the right to (i) verify your Information and (ii) terminate your access to and use of the Site temporarily or permanently without cause, notice or liability to you. We may use a third party to verify your information and you agree to hold such party harmless from any liability in connection therewith.
7. Personal Information
Your submission of personal information is governed by our Privacy Policy. Our Privacy Policy is part of this Agreement. Click here to view our Privacy Policy.
8. User Comments, Feedback, and Other Content:
You agree that any content, suggestion, or submission made by you, online or otherwise (“User Content”), may be published, distributed, edited or otherwise used by us at any time without restriction. We are and shall be under no obligation to keep User Content confidential, compensate any user for User Content, or respond to User Content. We reserve the right but have no obligation to edit or remove any User Content, but especially content that is, in our sole discretion, offensive or otherwise objectionable.
You agree that:
We take no responsibility for any User Content. You are solely responsible for your User Content.
9. Web Links and Third Party Tools:
We may display URLs or icons that allow you to link to other web sites, including, without limitation, sites operated by third parties. Such sites are not endorsed by us and are for your convenience only. Any content, representations or warranties made on such other web sites are the sole responsibility of the operator of such sites, and we assume no liability, obligation, or responsibility for such content, representations, or warranties.
10. Prohibited Uses:
In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit 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 Site or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet. Without limiting the generality of the foregoing, you agree that you shall not: (a) use, copy, modify, download or transfer the Site or any component of the Site, in whole or in part, except as expressly provided in the Terms of Service, (b) (i) reverse engineer, disassemble, decompile, or translate the Site or any component of the Site, (ii) attempt to derive the source code of the Site or any component of the Site, (iii) create any derivative work from the Site or any component of the Site, and/or (iv) authorize or assist any third-party to do any of the foregoing, (c) rent, lease, loan, resell, or otherwise distribute the Site or any component of the Site, (d) remove or alter any proprietary notice or legend regarding our, or any third-party’s, proprietary rights in the Site or any component of the Site, and/or (e) use the Site or any component of the Site except in accordance with the Terms of Service and all applicable laws and regulations. We reserve the right to terminate your use of the Site or any related website for violating any of the prohibited uses.
11. Website Ownership:
You acknowledge that the content, layout, and navigation of the Site, including without limitation text, software, music, sound, photographs, video, graphics or other material contained of the Site (collectively, “Content”) is either owned by us or licensed from third parties and is protected to the fullest extent permitted by applicable law including, but not limited to, copyright, trademark, patent and other applicable intellectual property and other laws. The Content and software on the Site may only be used as a shopping resource. This Agreement, and your use of the Site, does not transfer any right, title, or interest in the Site or the Content to you, other than the right to view the Site and Content for the purpose of purchasing products from us, and you may not copy, display, reproduce, perform, distribute, modify, transmit, republish, or delete any aspect of the Site or Content, or create derivative works therefrom. Nothing within this Agreement or the Site shall be construed as conferring on you any license under any of our or any third-party’s intellectual property rights. Any rights not expressly granted to you under these Terms are expressly reserved by us.
12. Trademarks: Our trademarks may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. Other Trademarks on the Site not belonging to us are the property of their respective owners and /or organizations. You are not permitted to use any trademarks, including trade names, registered trademarks, unregistered trademarks or service marks, without the express written consent of the applicable owner.
13. System Integrity for Company Accounts: You may not use any technique, device, software, routine or any other action to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted herein. You may not take any action, which imposes an unreasonable or disproportionately large load on our Site or infrastructure. You may share your account information and details with your company’s information technology employees if necessary to correct a computer hardware or software problem at your company; provided that at all times you treat such information with the same degree of care that your company uses for its similar information. You hereby represent, warrant and covenant that the sole activity you will undertake while using the Site is to purchase our products for which your company intends to and has the ability to pay for and for no other purpose. You may not deeplink to our catalog or bypass security or encryption processes, or download any information on the Site other than this Agreement, except as may automatically occur during the viewing process (e.g. cache) or as required to complete the “Roundtrip”, “OCI” or “Punchout” order process.
14. Disclaimer of Warranties:
You expressly agree that use of the site is at your sole risk and the Site and its products are provided on an “as is” and “as available” basis. We make no representations, covenants or warranties of any kind, express or implied with regard to the use or availability of the site. Additionally, we hereby disclaim and you hereby waive all warranties, including without limitation:
15. Limit of Liability:
In no case shall we or our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
16. Indemnification:
You agree to indemnify and hold us, our successors, representatives, principals, officers, directors, employees, administrators, subsidiaries, partners, agents, contractors, subcontractors, suppliers, affiliates, parent corporations, subsidiaries, assigns, and licensors/licensees harmless from any loss, damage, claim or demand, including reasonable legal fees, due to or arising out of your use of the Site, any violation of this Agreement or any other policy of ours, any infringement on any intellectual property, violation of any law or the rights of any third-party or your negligence.
17. Severability:
If any provision of these Terms is determined to be invalid, unlawful, void or unenforceable, such provision shall be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such an occurrence shall not affect the validity and enforceability of any of the remaining provisions.
18. Termination:
These Terms are effective unless and until terminated by you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Site, or when you cease using our Site. We may terminate this Agreement at any time without notice if, in our sole judgement, you fail or we suspect that you have failed to comply with any terms or provisions in the Agreement. In such an event, you will remain liable for all amounts due up to and including the date of termination. We may also deny you access to the Site.
19. Entire Agreement:
The most current version of the Terms can be viewed on this page.
Unless otherwise agreed to in writing between both parties, this Agreement, including any applicable Site policies or operating rules, constitutes the entire agreement between you and us with respect to the use of the Site including the purchase and sale of goods through this Site, and supersedes all prior agreements, whether written or oral. No amendment, change, waiver, or discharge hereof shall be valid unless in writing and signed by an authorized representative of the party against which such change, waiver, or discharge is sought to be enforced.
The failure of us to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
20. Jurisdiction:
This Agreement shall be governed by and construed in accordance with the laws of the Province of Manitoba and the federal laws of Canada applicable therein, without reference to conflict of laws rules.
21. Contact Information:
If you have any questions about this Agreement please contact us at: qcc@quintexservices.com