Terms & Conditions
Please review the following rules that govern the use of this website (the “Website”) before using it. If you do not agree to these Terms and Conditions, please do not use this site.
PLEASE NOTE THAT YOUR USE OF THE WEBSITE SIGNIFIES YOUR UNCONDITIONAL AGREEMENT TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS.
Although you may bypass this Agreement, your use of the Website and/or completion of the registration or shopping process still binds you to the Terms and Conditions. We reserve the right to update or modify these Terms and Conditions at any time without prior notice to you, and your subsequent use of this Website signifies your unconditional agreement to follow and be bound by the then-current Terms and Conditions. We encourage you to review these Terms and Conditions whenever you use this Website.
1. Ownership, Copyright and Use of Content
This Website is owned and operated by CTR Refrigeration and Food Store Equipment Ltd (“CTR”). The entire content of this Website, including but not limited to, text, graphics, images, code, software and other material (collectively the “Content“), are owned by CTR, and where applicable its licensors and suppliers, and are protected by intellectual property laws.Unauthorized use of the Content may violate copyright, trademark and other laws.
CTR authorizes you to view and download a single copy of the Content on the Website solely for your personal use, provided you retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. The Content on this Website may be used only as a shopping resource. You acknowledge and agree that the ownership right and title to such rights will continue and remain with CTR.You may not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use of the Content on any other web site or in a networked computer environment for any purpose is prohibited.
2. Use of the CTR Website
General Rules: You may not interfere with or disrupt this Website or services or networks connected to the Website, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website.
You may not use the Website in order to:
- Transmit, distribute, store or destroy material in violation of any applicable law or regulation;
- In a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others;
- Transmit, distribute, or store material that is defamatory, obscene, racially offensive, threatening, abusive, hateful or otherwise objectionable as determined by CTR at its sole discretion;
- Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
- Interfere with or disrupt the Website or services or networks connected to the Website, or disobey any requirements, procedures, policies, or regulations of networks connected to the site; and
- Collect or store personal data about other users of the Website.
Security Rules: You are prohibited from violating or attempting to violate the security of the CTR Website and from using the Website to violate the security of other web sites by any method, including, without limitation:
- Accessing data not intended for you or logging into a server or account which you are not authorized to access;
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measurers without proper authorization;
- Attempting to interfere with service to any user of the web site, host or network, including, without limitation, via means of submitting a virus to the web site, overloading, “flooding”, or “crashing”;
- Sending unsolicited e-mail, including promotions and/or advertising of products or services;
- Use any high volume, automated, or electronic means to access this Website or monitor or copy our Website pages or its content;
- Allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam) that is any way related to this Website; and
- Forging any CTR packet header or any part of the header information in any e-mail or newsgroup posting.
Specific Prohibited Uses: CTR specifically prohibits any use of the Website, and you agree not to use the Website, for any of the following:
- Distributing or otherwise publishing, without CTR’s approval, any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services;
- Soliciting other users of the Website to join or become members of any commercial online service;
- Frame the Website, place pop-up windows over its pages, or otherwise affect the display of its pages; and
- Deleting or revising any Content posted by any other person or entity.
Violations of system or network security may result in civil or criminal liability.CTR may investigate violations of these Terms and Conditions and may involve and cooperate with law enforcement authorities in prosecuting users of the Website who are involved in such violations.
3. *CTR’s Liability Disclaimer*
The CTR Website and Content are provided on an “as is” basis without any warranties of any kind.CTR, to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including the warranty of merchantability, fitness for particular purpose, title and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade.CTR makes no warranties or representations about the accuracy, reliability, completeness, or timeliness of the Content, Website, services or links.
CTR does not make any warranty as to the accuracy or reliability of the CTR Content or that defects in the site or the CTR Content will be corrected. CTR makes no warranty that the information or services provided on the site will meet your requirements. You understand and agree that any Content obtained through the use of the CTR Website is done at your own discretion and risk.
The CTR Website and Content may contain inaccuracies or typographical errors.We reserve the right, at our discretion, to modify, add, or remove portions of the Website at any time without notice.
CTR does not warrant that the Website will operate error-free or that the Website and its server are free of computer viruses or other harmful mechanisms.
CTR assumes no responsibility, and in no event will CTR be liable for any damages whatsoever for viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing on the Websites or your downloading of any materials, data, text, images, video or audio from the Website.
In no event shall CTR be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, direct, indirect, incidental or consequential damages of any kind (including, without limitation, lost profits or lost savings, or damages resulting from lost data or business interruption), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with any use of the Websites or Content found herein, any failure or delay (including, but not limited to the use of or inability to use any component of the Website for purchases), of the performance or non-performance by CTR, even if CTR has been advised of the possibility of damages by such parties or any other party.
4. Pricing and Products
CTR endeavours to provide current and accurate information on the Website. However, misprints, inaccuracies, omissions (including incorrect specifications for products) or other errors may sometimes occur. CTR cannot guarantee that products advertised on the Website will be available when ordered or thereafter. CTR does not warrant that the content of the Website including, without limitation, product descriptions or photographs, is accurate or complete.
CTR reserves the right, at its sole discretion, to:
- correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other person; and
- change at any time the products advertised or made available for sale on the Website, the prices, fees, charges and specifications of such products, any promotional offers and any other Website Content without any notice or liability to you or any other person.
The advertisements on the Website are invitations to you to make offers to purchase products on the Website and are not offers to sell. All prices and other amounts appearing on the Website are quoted in Canadian dollars unless specified otherwise. Prices posted on this Website may differ from those posted in stores owned and operated by CTR. All sizes quoted are approximate.
CTR offers limited-time sales values, special buys and items. These prices are subject to change. CTR reserves the right to correct, at any time, any pricing errors and to refuse to complete a sale that is the subject of a pricing error.
CTR reserves the right to reject, correct, cancel or terminate any order, including accepted orders for any reason, limit quantities available for sale or sold, and/or terminate accounts, in its sole discretion, including, without limitation, if CTR believes that your conduct violates applicable law or is harmful to the interests of CTR or any third parties.
5. Third Party Links
The Website may contain links to third party websites.These links are provided solely as a convenience to you and not as an endorsement by CTR of the contents, merchandise, services or products on such third party websites.Even if the third party is affiliated with CTR, CTR has no control over these linked sites, all of which have separate privacy and data collection practices, independent of CTR. CTR is not responsible for the content of linked third party sites and does not make any representations regarding the content or accuracy of materials on such third party sites. If you decide to access linked third party sites, you do so at your own risk.
CTR has not taken any steps to confirm the accuracy or reliability of any of the information contained in such third party sites.
*CTR does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites.
CTR reserves the right, at its sole discretion and without any liability whatsoever, to immediately terminate or restrict your access to any component of this Website, and/or demand that you no longer access the Website and/or any other service provided to you by CTR, upon any breach by you of CTR’s Terms and Conditions.
You agree to defend, indemnify, and hold harmless CTR, its officers, directors, trustees, partners, co-branders, licensors, advisors, affiliates, consultants, representatives, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal, accounting and other professional fees associated with or resulting from your use of the CTR Website and/or its Content or your breach of the Terms and Conditions. If you are dissatisfied with any portion of the Website, your sole and exclusive remedy is to discontinue use of the site.
8. *Limitation of Liability*
The aggregate liability of CTR to you for all claims arising from or related to the use of the Content of or the use of the CTR Website is limited to $0.00 (Canadian).
9. Additional Terms
Additional terms may apply to purchases of products and services offered on this Website. Please refer to your sales contract at the time of purchase.
10. Shipping & Delivery Policy
You have read the Shipping and Delivery Policy of CTR, the terms of which appear on this Website.
11. Return Policy
You have read the Return Policy of CTR, the terms of which appear on this Website.
CTR’s failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right.
Neither the course of conduct between you and/or CTR nor trade practice shall act to modify any of these Terms and conditions.
CTR may assign its rights and duties under this Agreement to any party at any time without notice to you.
CTR makes no claims that the Content appearing on its Website may be lawfully viewed or downloaded in certain countries or locations outside of Canada.Access to this Website’s Content may not be legal by certain persons or in certain countries.If you access the Website from outside of Canada, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
The headings used in these Terms and Conditions are included for convenience only and will not limit or otherwise affect these Terms and Conditions.
CTR may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to CTR.
Payments for purchases through the Website can be made by Visa®, MasterCard® or Debit. Deposits may be required on selected items.
You may request a competitive price match of any product on the Website by contacting the following:
Calgary – CTR General Manager
4840 – 52 Street S.E. Calgary, ABT2B 3R2
Phone: (403) 444-2877; Toll Free: 1-877-736-7287
The General Manager, in his or her sole discretion, will determine whether or not to match any specific product price of a competitor.
14. Governing Law
Your use of this Website in any way, this Agreement and its performance shall be governed in all respects by the laws of the Province of Alberta. You consent, agree and submit to the exclusive jurisdiction of the courts and administrative tribunals, as the case may be, in the Province of Alberta, in all disputes and/or legal proceeding directly or indirectly arising out of or relating to the use of the Website and these Terms and Conditions.
In the event that any provision of these Terms and Conditions is determined to be unenforceable or invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms and Conditions, which will remain in full force and effect.
16. Entire Agreement
These Terms and Conditions, together with those incorporated or referred to herein, constitute the entire agreement between you and CTR relating to the Website or its use in any way, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the Website or its use in any way, and may not be amended or modified except by CTR posting a revised Terms and Conditions on the Website, or expressly posting a “Legal Notice” on the Website.
Last Updated September 20, 2016