TERMS AND CONDITIONS
* Incl. Return Policy
The following are the terms of the agreement between BusCorp Inc. ("Company") and the buyer ("Buyer") / user ("User") of goods, services and information through the Company`s Web site ("Site"). If you do not agree to these terms, you will not be able to purchase anything nor should you use this Site, so please review these terms carefully:
1. Introduction. Buyer / User agrees to the terms and conditions outlined in this Online Contract ("Contract") with respect to the goods, services and information provided by or through the Site. This Contract constitutes the entire and only agreement between the Company and Buyer / User, and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the goods, services and information provided by or through the Site, and the subject matter of this Contract. Buyer / User agrees to review this Contract prior to purchasing anything and/or using the Site. Purchase of a good or service and/or the use of the Site by the Buyer / User shall be deemed acceptance of this Contract.
2. Setup and Payment. Buyer represents and warrants that (i) he or she is the legal holder of the credit card and is legally entitled to the use of the credit card used to pay for goods or services from the Company's website and (ii) the credit card information supplied is true, correct, accurate and complete and (iii) charges incurred by the Buyer will be honored by the Buyer`s credit card company and (iv) Buyer shall pay charges incurred by Buyer at the amounts in effect at the time incurred, including shipping charges and all applicable taxes.
3. Copyright. The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the Site and documents downloaded from the Site are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights, and the copying, redistribution, use or publication by a Buyer / User of any such content or any part of the Site is prohibited.
4. Use of Company literature and information. Company literature and information may only be used with the express, written consent of the Company and then solely and exclusively for the purpose of promoting and advertising Company products and services, or for the education on the proper use of Company products and services. The Company reserves the right at its sole discretion to at any time withdraw its consent to any party for the use of its literature and information.
5. Editing, Deleting, and Modification. Company reserves the right in its sole discretion to edit or delete any information or content appearing on the Site and to remove any goods and services for sale. Company may modify this Contract, or prices, and may discontinue or revise any or all aspects of the Site in its sole discretion and without prior notice. Modification of this Contract will be deemed effective upon publication on the Site with respect to transactions occurring on and after said date.
6. Product and Service Use. The Buyer / User agrees to use the Company`s products and services as directed by the Company in its literature and packaging and not in any other manner or for any other purpose. The Buyer / User agrees to use common sense when using the Company`s products and services and to abide by any and all cautions and warnings. The Buyer / User agrees to read all information and instructions provided by Company, which may accompany the product or have been provided in any other manner, before using products.
7. Technology Disclaimer. The information the Buyer / User obtains from Company Site pages is provided for informational purposes only and is not a substitute for the qualified technical advice provided by Company in its services. No action should be taken based upon the information contained in the Company Site pages.
8. Right to Refuse. Company reserves the right in its sole discretion to refuse service or product sale at any time. Sale of any goods or services is subject to availability.
9. Indemnification. Buyer / User agrees to indemnify, defend and hold Company and its affiliates, licensors and suppliers harmless from any liability, loss, claim and expense, including reasonable attorney`s fees, related to a Buyer`s / User's violation of this Contract or use of the Site.
10. Non-Transferable. Buyer`s right to use the Products or Services is not transferable and is subject to any limits established by Company or by Buyer`s credit card company.
11. Disclaimer I. THE SERVICE, CONTENT, GOODS AND SERVICES FROM OR THROUGH THE SERVICE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE SOLE AND ENTIRE MAXIMUM LIABILITY OF COMPANY, FOR ANY REASON, AND BUYER`S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE PARTICULAR ITEMS PURCHASED. COMPANY AND ANY OF ITS AFFILIATES, DEALERS OR SUPPLIERS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND BUYER. THIS SITE AND GOODS AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. SOME PROVINCIAL STATUTES MAY APPLY REGARDING LIMITATION OF LIABILITY.
12. Disclaimer II. The Company endeavors to ensure the accuracy of the published information in this Site, in its literature and on its packaging. Errors and omissions can however occur. The Company, its suppliers and any other parties supplying information will not be held liable for damages resulting from errors and / or omissions, problems resulting there from, or resulting from the dissemination thereof via the Internet or any other method or media. The Company will not be held liable for technical or other difficulties resulting from the use of this Site or its Products or Services.
13. Refund Policy. Products purchased by Buyer / User that are downloadable are NOT refundable, but may be exchanged within 30-days from date of purchase. The product to be exchanged may only be exchanged for another downloadable product sold by the Company. However, before any new Product will be made available, the Buyer / User must return to the Company a "Refund Claim Form". The "Refund Claim Form" will be provided to the Buyer / User after informing the Company that they need such form. To obtain an exchange, the Buyer / User must notify the Company within 30 days of the original purchase date, that the Buyer / User desires to exchange the Product purchased. The "Refund Claim Form" provided to the Buyer / User must be returned to the Company by regular mail only (no e-mail), within 10 days, in order to obtain the exchange.
Products purchased that are not downloadable (CD-ROM or Hard Printed Versions) may be returned for a full credit, minus shipping and handling charges. However, before any product may be returned, the Buyer / User must return to the Company a "Refund Claim Form". The "Refund Claim Form" will be provided to the Buyer / User after informing the Company that they need such form. To obtain a refund, the Buyer / User must notify the Company within 30 days of the original purchase date, that the Buyer / User desires a refund for the Product purchased. The "Refund Claim Form" provided to the Buyer / User must be returned to the Company by regular mail only (no e-mail), within 10 days, in order to obtain a refund.
In order to obtain a refund or exchange, the Buyer / User must provide their e-mail address and/or mailing address to the Company. The Company will not be liable for any claims of non-receipt of merchandise, and/or non-receipt of a "Refund Claim Form" that was a result of an incorrect e-mail address and/or mailing address provided by the Buyer / User to the Company. The Buyer / User is responsible for providing a correct/working e-mail address. This Section 13 sets forth Buyer / User sole and exclusive right to refund.
14. Use of Information. The Company reserves the right, and Buyer / User authorizes Company, to the use and assignment of all information regarding Buyer`s / User's use of the Site and all information provided by Buyer / User, subject to applicable law.
15. Miscellaneous. This Contract shall be treated as though it were executed and performed in Calgary, Alberta, Canada, and shall be governed by and construed in accordance with the laws of Canada and of the Province of Alberta (without regard to conflict of law principles). Any cause of action of Buyer / User with respect to the Site must be instituted within two (2) months after any purchase or be forever waived and barred. All actions shall be subject to the limitations set forth in Sections 11 and 12. The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party. All legal proceedings arising out of or in connection with this Contract shall be brought solely in Calgary, Alberta, Canada, and Buyer / User expressly submits to the jurisdiction of said courts and Buyer / User consents to extra-territorial service of process. Should any part of this Contract be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site or the Company is in conflict or inconsistent with this Contract, this Contract shall take precedence. Failure of Company to enforce any provision of this Contract shall not be deemed a waiver of such provision nor of the right to enforce such provision.
16. Pricing. All prices are subject to change without notice. All purchases exclude taxes, taxes are extra. All prices are subject to the taxes appropriate for the particular jurisdiction purchased from or delivered to. All products are delivered on a conditional sale basis, their title remains with the Company until paid for in full. Shipping cost is extra. All prices are in United States Dollars (USD).
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