Terms of Service

TERMS OF SERVICE

Last Updated on: August 26, 2020

The following terms and conditions (“Terms of Service” or “Terms”) for ppeaccess.ca (the “Website”) constitute a legal agreement and are entered into by and between you and PPE Access Canada Inc. (the “Company,” “we”, “us” and “our”). Your use of the Website, including the purchase of any products from the Website, are conditioned upon your acceptance of these Terms of Service and any other policies incorporated herein, including our Privacy Policy.

BY USING THE WEBSITE OR MAKING ANY PURCHASE THROUGH THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS OF SEVICE AND ANY POLICIES INCORPORATED HEREIN BY REFERENCE, INCLUDING OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS OR THE PRIVACY POLICY, YOU MUST NOT USE THE WEBSITE OR PURCHASE ANY PRODUCT THROUGH THE WEBSITE. 

  1. ELIGIBILITY

You may only create an account and make purchases through the Website if you are an Eligible Person. In these Terms of Service, an “Eligible Person” means : an eligible community healthcare practitioner, charitable organization, not-for-profit or regional agency,, in each case operating solely within Canada. You may not access the Website, create an account or otherwise make purchases through the Website if you have been suspended or otherwise been prohibited from using the Website by us.

  1. OWNERSHIP

The Website, its design, all text, graphics, content, video, audio and the selection and arrangement of the Website are the property of the Company, its affiliates and/or its various third party providers and distributors (“Third Parties”), and are protected under the copyright laws of Canada and other countries. You agree not to reproduce, duplicate, copy, sell, resell or exploit any content or feature on the Website without express written permission by us or the applicable Third Parties.

The Website and all other related trademarks and design marks displayed on the Website (collectively, the “Trademarks”) are the property of the Company or Third Parties. Nothing contained on this Website should be construed as granting, by implication or otherwise, any license or right to use any trademarks, including the Trademarks, except with the express written permission by us or the Third Party that may own the applicable trademarks.

All content included on this Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the Company or its content suppliers and protected by Canadian and international copyright laws. All software used on this Website is the property of the Company or Third Parties and protected by Canadian and international copyright laws.

  1. PRIVACY

You have read our Privacy Policy available at the terms of which are incorporated into these Terms of Service and you agree that the terms of the Privacy Policy are reasonable. You consent to the collection, use and disclosure of your personal information by us in accordance with the terms of and for the purposes set out in the Privacy Policy.

  1. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this Website is not accurate, complete or current. In the event you purchase an item on the Website and we do not have the inventory as set out on the Website, we will notify you. Our only liability to you will be to either provide you a refund for any item we cannot provide.

  1. PRODUCTS

We reserve the right, but are not obligated, to limit the sales of our products (including limits on quantity) to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis in our sole and absolute discretion. All descriptions of products or product pricing are subject to change at anytime without notice, in our sole discretion. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of any item on the Website. Any offer for any product made on this Website is void where prohibited.

We may, in our sole discretion, limit or cancel quantities purchased per person, per address or per order. These restrictions may include orders placed by or under the same customer account, the same credit card 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. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. 

  1. SHIPPING

The Company uses third party logistics and shipping services to ship and deliver products ordered from the Website. We will not be responsible for any damage, delay or loss of products or packaging which may arise in connection with shipping or delivery to you. However, if products are delayed, lost or damaged during the shipping process, please contact our support team and we will direct you to the applicable service provider.  

  1. PAYMENT, ACCURACY OF BILLING AND ACCOUNT INFORMATION


You agree to provide current, complete and accurate purchase and account information for all purchases made through the Website. 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. 

We rely on the information you provide through the Website, including, without limitation, registration information (name and email address), payment information (credit card numbers and expiration dates) and transaction-related information, which must be true, accurate, current and complete. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, we or any other person may incur as a result of your submission of any false, incorrect or incomplete information.

 

By making a purchase through the Website, you agree to pay for all charges noted as payable by you and you authorize to charge your credit card for same at the time of purchase. All prices quoted on the Website are payable in Canadian Dollars and do not include shipping charges and, unless otherwise stated, do not include GST, PST, QST, HST or any other value added tax, all of which will be payable by you at the time of purchase.

 

  1. 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 Website 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 Parties.  

We may also, in the future, offer new features through the Website (including, without limitation, the release of new tools and resources). Such new features and/or services shall also be subject to the Terms.

 

  1. THIRD PARTY LINKS

Third-party links on this Website may direct you to third party websites that are not affiliated with us or the Third Parties. The Company and Third Parties are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third party materials or websites, or for any other materials, products, or services of third parties. 

The Company and Third Parties are not liable for any harm or damages related to the purchase or use of goods, services, resources, content or any other transactions made in connection with any third party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third party products should be directed to the third party. 

  1. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

We enable visitors to the Website to provide us with feedback by email or otherwise (“Customer Content”). If you provide Customer Content, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, delete, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display that Customer Content throughout the world in any media, now known or later developed, for any purpose whatsoever, commercial or otherwise, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence, and you waive any and all moral rights in the Customer Content. You also grant us the right to use the name you submit with the Customer Content, if any, in connection with our rights set out in this section.

  1. ERRORS, INACCURACIES AND OMISSIONS

There may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, 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 on the Website is inaccurate at any time without prior notice (including, without limitation, after you have submitted any order).

We undertake no obligation to update, amend or clarify information on the Website or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website or the Website should be taken to indicate that all information on the Website has been modified or updated. 

  1. PROHIBITED USES OF PRODUCTS AND WEBSITE

You agree that you will not (a) use any products purchased from the Website for any purpose other than for your operational requirements as an Eligible Person; (b) resell, ship outside of the geographical location where your organization is based, or assign to any other person or allow other persons outside your organization and your clients, patients, and normal stakeholders, to obtain any products purchased from the Website; or (c) directly or indirectly permit any person who is not an Eligible Person or who has been suspended or prohibited from using the Website to purchase products from the Website.   

In addition, you are prohibited from using the Website 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 Website or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Website, other websites or the Internet. We reserve the right to terminate your use of the Website and your membership for violating any of the prohibited uses. 

Failure to comply with any of the above prohibitions may, in our sole and absolute discretion, result in suspension of your account or you being prohibited from using the Website. We reserve the right to refuse service to anyone for any reason at any time. 

  1. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

THE COMPANY AND THE THIRD PARTIES MAKE NO REPRESENTATION, CONDITION, OR WARRANTY WHATSOEVER WITH RESPECT TO THE WEBSITE OR ANY PRODUCTS PURCHASED THROUGH THE WEBSITE, INCLUDING ANY CONDITION OR WARRANTY OF: (A) MERCHANTABILITY; (B) FITNESS FOR A PARTICULAR PURPOSE; (C) TITLE; OR (D) AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. IN USING THE WEBSITE OR PURCHASING ANY PRODUCTS THROUGH THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE NOT RELIED ON ANY REPRESENTATION, CONDITION OR WARRANTY MADE BY US, OR ANY OTHER PERSON ON OUR BEHALF. THE PRODUCTS AND THE WEBSITE ARE PROVIDED ON AN ON AN “AS IS” AND “AS AVAILABLE” BASIS. FOR CERTAINTY, IN NO CASE SHALL THE COMPANY, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR THIRD PARTIES 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, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE WEBSITE OR YOUR OR ANOTHER’S USE OF PRODUCTS PROCURED BY YOU THROUGH THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

Without limitation to the generality of the foregoing, the Company shall not responsible for (a) the results or lack of results that may be obtained from the use of the Website or any product ordered through the Website; (b) the quality, kind or utility of any product ordered through the Website; or (c) any late, lost, misdirected or stolen orders or deliveries of products ordered from the Website.

You understand that your content, not including 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. 

  1. MAXIMUM LIABILITY

If the Company or any of its Third Parties should be found liable for any loss or damage which arises out of or is in any way connected with any use of the Website or the purchase or use of products procured through the the Website, the liability of the Company and the Third Parties will in no event exceed a maximum amount of CAD $10.00.

  1. ACKNOWLEDGEMENT

The exclusion of certain warranties and the limitation of certain liabilities is prohibited in some jurisdictions. These statutory prohibitions may apply to you, and we acknowledge that in that case, parts of these Terms of Service will not be binding upon you. To the extent any jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law. 

  1. INDEMNIFICATION

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless the Company and the Company’s officers, directors, agents, employees, subsidiaries, affiliates, and Third Parties from and against any claim, demand, cause of action, debt, liability, loss, fine, damage, or expense, including reasonable attorneys' and legal fees, that relate to: (i) your use of the Website; (ii) the use by you or any third party of any products procured by you through the Website; (iii) your breach of these Terms; (iv) your gross negligence or wilful misconduct; or (v) your failure to abide by applicable law.

  1. NO RETURNS

All purchases of products from the Website are made on a one-way “final sale” basis and you agree that you will have no right to return any product. In the event you receive an incorrect product, please contact our customer support team for assistance.

  1. TERMINATION

These Terms shall apply as long as you are using the Website or maintain an account with the Company, subject to termination by the Company at any time in its sole and absolute discretion. Sections Sections 2, 10, and 12 through 19 shall survive termination of this Agreement.

  1. GENERAL

The relationship between the Company and you will be that of independent contractors, and neither party nor its officers, directors, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of these Terms and Conditions or your use of the Website.

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. 

These Terms of Service, together with the Privacy Policy and any other policies or operating rules posted by us on the Website, constitute the entire agreement and understanding between you and us and govern your use of the Website and purchase of any products from the Website, 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). No party has been induced to enter into these Terms of Service in reliance on, and there will be no liability assessed, either in tort or contract, with respect to, any warranty, representation, opinion, advice or assertion of fact, except to the extent it has been reduced to writing and included in these Terms of Service or in those incorporated or referred to in the Terms.

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. 

The headings used in these Terms of Service are included for convenience only and will not limit or otherwise affect the Terms of Service.

These Terms of Service shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. You consent and submit to the exclusive jurisdiction of the courts located in the City of Kitchener, in the Province of Ontario, to resolve all disputes arising out of or relating to these Terms, including your use of the Website or purchase of any product from the Website.

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. 

  1. CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on the Website. 
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to the Website. It is your responsibility to check the Website periodically for changes. Your continued use of or access to the Website or purchase of any product from the Website following the posting of any changes to these Terms of Service constitutes acceptance of those changes. 

  1. CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@ppeaccess.ca. When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.