ZapRag

Terms & Conditions

WELCOME TO THE ZAPRAG WEBSITE (THE “SITE”). THIS SITE IS OWNED BY ZAPRAG CANADA (HEREINAFTER, ZAPRAG CANADA WILL BE REFERRED TO AS “WE”, “US”, “THE COMPANY” “ZAPRAG CANADA”OR “ZAPRAG”) AND IS OWNED AND OPERATED BY ZAPRAG CANADA.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. YOUR USE OF THIS SITE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. BY USING THIS SITE, YOU SIGNIFY YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ANY PART OF THE FOLLOWING TERMS AND CONDITIONS, YOU SHOULD NOT USE THIS SITE. WHEN USING PARTICULAR FEATURES AND SERVICES ON THE SITE, YOU WILL BE SUBJECT TO ANY POSTED GUIDELINES AND RULES APPLICABLE TO SUCH FEATURES AND SERVICES, ALL OF WHICH ARE INCORPORATED HEREIN BY REFERENCE.

Purpose of the Site

The purpose of the Site is to provide you with information about ZAPRAG Canada, and our products, and make available to you the ability to purchase products and services through this Site.

Product and Service Availability

THE AVAILABILITY OF THE PRODUCTS AND SERVICES LISTED ON THE SITE IS SUBJECT TO CHANGE WITHOUT PRIOR NOTICE. The ZAPRAG Canada cannot guarantee that products and services advertised on the Site will be available when ordered. The Site contains information about the availability of our listed merchandise. We cannot guarantee that a product listed as "In stock" will actually ship right away, as our inventory can change significantly from day to day. In some cases, a product may be in stock when you place your order, and sold out by the time your order is processed. However, if an item is sold out or of limited inventory at the time your order is processed, we will notify you by e-mail that your order will not be filled or can only be filled in a lesser quantity and your credit card will not be charged or will be charged for a lesser amount.

Errors and Misprints

ZAPRAG Canada endeavours to provide current and accurate information on the Site. However, misprints, errors, inaccuracies, omissions (including incorrect specifications for products) or other errors may sometimes occur.

ZAPRAG Canada reserves the right to do the following, without prior notice or liability to you or any other person: (a) correct any error, inaccuracy or omission; (b) change the products and services advertised or made available for sale on the Site; (c) change the prices, fees, charges of such products and services; (d) change any promotional offers; and (e) limit quantities available for sale or sold.

Prices

All prices and other amounts appearing on the Website are quoted in Canadian dollars. PRICES ARE SUBJECT TO CHANGE WITHOUT NOTICE.

Order Acceptance

The advertisements are invitations to visitors of the site to make offers to purchase products and services on our Site and are not offers to sell. Your submission of an electronic or other form of order confirmation does not signify our acceptance of your order. We reserve the right at any time and without liability to you or any other person to reject, correct, cancel or terminate any order.

Payment

You are responsible for any payments due to ZAPRAG Canada for any products ordered online. If we do not receive payment from your credit issuer or its agents, you agree to pay all amounts due to us. Products will be shipped on confirmation of payment by you, to ZAPRAG Canada, via your selected payment method.

Sales Tax

We are required by law to charge the 12% British Columbia Harmonized Sales Tax(HST) on all our products. This applies to all provinces and territories in Canada.

Ownership and Permitted Use of the Site

ZAPRAG Canada is, unless otherwise stated, the owner of the Site (including all content, headers, graphics, scripts, the presentation, and arrangement of the information and content on the Site). Without limiting the foregoing, the Site is protected by Canadian and international copyright, trade mark and other laws as a collective work and/or compilation. Your use of the Site does not transfer to you any ownership or other rights in the Site or its contents.

The Site is made available for your lawful, personal use only. You may use the Site only in the manner expressly described in these Terms and Conditions and subject to all applicable laws. Using the Site for any other purpose or in any other manner is strictly prohibited. You may not copy, imitate, publish, republish, distribute, extract, re-use, upload, post, transmit, modify, index, catalogue or reproduce any part of the Site, in whole or in part, without prior written consent of ZAPRAG Canada.

User Comments, Feedback and Other Submissions

We do not solicit or wish to receive any confidential or proprietary information or other material from you either through the Site, by e-mail, or in any other way. Unless otherwise expressly agreed in writing prior to your submission to us, any comments, feedback, information or other material ("Submissions") submitted or sent to us will be deemed not to be confidential. By submitting or sending Submissions to us you represent and warrant that the Submissions are original to you and that no other party has any rights to the Submissions. If you send Submissions to ZAPRAG Canada or to the Site, you automatically grant (or warrant that the owner of the Submission grants) to ZAPRAG Canada and its successors, assigns and licensees a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, worldwide, assignable, sub-licensable, right and license to use (in whole or part) worldwide, without providing any attribution or compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of ZAPRAG Canada or its successors, assigns or licensees. You also agree, represent and warrant that any "moral rights" in the Submissions have been waived in favour of ZAPRAG Canada and its successors, assigns and licensees.

Modification of the Site and the Services

We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, content, features or hours of availability. We may also impose limits on certain features of the Site or restrict your access to part of, or the complete Site, without notice or penalty. We may suspend or terminate your ability to purchase through the Site.

Contests

From time to time ZAPRAG Canada may make contests available to users of the Site. All contests are governed by these Terms and Conditions and the applicable Contest Rules. By participating in a contest through the Site, you signify your agreement and acceptance of these Terms and Conditions and the applicable Contest Rules.

External Links

We may provide links to other websites from time to time. These links are provided for your convenience. We do not endorse or take responsibility for the content of those websites, are not responsible for the availability of them, and will not be liable in any way for any loss or damage which you may suffer by using those websites. If you decide to access linked websites you do so at your own risk.

Disclaimer of Warranties

THE SITE, AND ANY CONTENT AVAILABLE ON THE SITE, ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, ZAPRAG CANADA DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITE. WE DO NOT REPRESENT OR WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; NOR DO WE MAKE ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, PERFORMANCE OR SUITABILITY OF THE SITE OR ANY CONTENT AVAILABLE ON THE SITE. IN THE EVENT OF ANY PROBLEM WITH THE SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITE.

ALL PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE SITE ARE SUBJECT ONLY TO ANY APPLICABLE EXPRESS WARRANTIES, REPRESENTATIONS AND CONDITIONS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL OTHER WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES, REPRESENTATIONS AND CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE SITE. WE DISCLAIM ANY AND ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE. CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPLICATION, NOTWITHSTANDING ANYTHING TO THE CONTRARY.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SOLE REMEDY FOR ANY CLAIM FOR DAMAGES ARISING OUT OF OR RELATED TO ANY PRODUCT OR SERVICE LISTED OR PURCHASED ON OR THROUGH THE SITE SHALL BE LIMITED TO A REFUND OF THE PURCHASE PRICE PAID FOR SUCH PRODUCT OR SERVICE. UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING OR DISTRIBUTING THE SITE OR ANY PRODUCT SOLD THROUGH THE SITE, OR ANY PART THEREOF, BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE SITE OR ANY CONTENT, PRODUCTS OR SERVICES MADE AVAILABLE OR LISTED ON IT, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Exclusions and Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, REPRESENTATIONS AND CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN THE EVENT THE FOREGOING EXCLUSIONS OR LIMITATION OF LIABILITY IS HELD TO BE UNENFORCEABLE FOR ANY REASON, THEN OUR MAXIMUM LIABILITY FOR ANY OF THE FOREGOING TYPES OF DAMAGES SHALL BE LIMITED TO THE AMOUNT THAT WE RECEIVE FOR THE TRANSACTION THAT GAVE RISE TO THE CLAIM.

Amendment of the Terms

We reserve the right to amend these Terms and Conditions without notice to you from time to time. If we decide to change these Terms and Conditions we will post those changes here. We encourage you to visit this section of our Site regularly in order to remain informed of any changes. Any such amendment shall be effective once the revised terms have been posted on the Site.

Applicable Law

These Terms and Conditions are governed by and will be construed in accordance with the laws of Canada and the Province of British Columbia, as applicable therein, without regard to conflict of law principles. Any disputes arising under or in connection with these Terms and Conditions, or your access or use of the Site shall be subject to the exclusive jurisdiction of the Superior Court of British Columbia and the Federal Court of Canada.

General

If any provision of these Terms and Conditions is held to be invalid or unenforceable for any reason, then the provision will be deemed to be severed from these Terms and Conditions and the remaining provisions will continue in full force and effect.

These Terms and Conditions ensure to the benefit of and is binding upon each of ZAPRAG Canada and its successors, assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns and personal representatives. ZAPRAG Canada may assign these Terms and Conditions and its rights and obligations under these Terms and Conditions without your consent.

No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under these Terms and Conditions will be: (a) deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party; or (b) effective unless in writing and signed by all parties.

The parties have expressly requested and required that these Conditions of Use and all other related documents be drawn up in the English language.

Any rights not expressly granted by these Conditions of Use are reserved to ZAPRAG Canada.

Comments

If you have any comments or questions about or Site please contact us at info@zaprag.com.

Notices

The Site is operated by ZAPRAG Canada

All formal notices to us shall be sent to Attn: Legal Department, ZAPRAG Canada, 48808 Bentall Center, Vancouver, BC, Canada. V7X 1A6. All notices to you shall be sent to the email or mailing address that you provide to us when you purchase. Such notice shall be deemed given one business day after the email is sent

The information on our products was correct at the time of writing and manufacture, ZAPRAG Canada takes no responsibility for changes in the law since that time.

ZAPRAG Canada and its legal team continue to monitor any changes in the laws in each country we manufacture our products for. If there are any significant changes in the law of a country, which affect our products accuracy, we will update our products to reflect the changes in the law, once it becomes a law in that country.

ZAPRAG Canada is not responsible for changes in any countries laws, and we do not offer refunds or exchanges on our products due to changes in the laws in those countries. Changes in the laws of any country are beyond our control, but we will make every effort to ensure that our products remain accurate and up to date.

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