Terms of service

This website is operated by MotoTec Canada. Throughout the site, the terms ‘we’, ‘us’ and ‘our’ refer to MotoTec Canada. MotoTec Canada offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our Service and agree to be bound by these Terms of Service, including additional terms, conditions and policies referenced herein or available by hyperlink. These Terms apply to all users of the site, including browsers, vendors, customers, merchants and contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any Services. Any new features or tools added to the store are also subject to these Terms. We may update, change or replace any part of these Terms by posting changes to our website. Your continued use of or access to the website following the posting of changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc., which provides the online e-commerce platform that allows us to sell our products and Services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority and 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 or violate any laws in your jurisdiction, including copyright laws. You must not transmit worms, viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse Service to anyone for any reason at any time. You understand that your content, not including credit card information, may be transferred unencrypted and involve transmissions over various networks and changes to conform to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service or access to the Service without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. Material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions without consulting more accurate, complete or timely sources. Any reliance on the material on this site is at your own risk.

This site may contain historical information, which is provided for reference only. We reserve the right to modify the contents of this site at any time, but have no obligation to update information. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service, or any part or content thereof, without notice. We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES

Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy.

We have made every effort to display as accurately as possible the colours and images of our products. We cannot guarantee that your computer monitor’s display of any colour will be accurate.

We reserve the right, but are not obligated, to limit sales of products or Services to any person, geographic region or jurisdiction, and to limit quantities. Product descriptions and pricing are subject to change at any time without notice. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.

We do not warrant that the quality of products, Services, information or other material purchased or obtained by you will meet your expectations, or that errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order. We may limit or cancel quantities purchased per person, household or order, including orders placed by the same customer account, credit card, billing address or shipping address. If we change or cancel an order, we may attempt to notify you using the contact details provided when the order was made. We reserve the right to limit or prohibit orders that appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases. 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 transactions and contact you as needed.

For more details, please review our Refund Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide access to third-party tools over which we neither monitor nor have control or input. You acknowledge and agree that such tools are provided as is and as available, without warranties, representations or conditions of any kind and without endorsement. We shall have no liability arising from or relating to your use of optional third-party tools.

Any use of optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party providers. New Services or features offered through the website will also be subject to these Terms.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and Services available via our Service may include materials from third parties. Third-party links may direct you to websites not affiliated with us. We are not responsible for examining or evaluating their content or accuracy and do not warrant or accept liability for third-party materials, websites, products or Services.

We are not liable for harm or damages related to the purchase or use of goods, Services, resources, content or transactions made in connection with third-party websites. Please review third-party policies and practices before engaging in a transaction. Complaints or questions regarding third-party products should be directed to the third party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send submissions, or without a request send creative ideas, suggestions, proposals, plans or other materials, collectively comments, you agree that we may edit, copy, publish, distribute, translate and otherwise use those comments in any medium without restriction. We are under no obligation to maintain comments in confidence, pay compensation for comments or respond to comments.

We may, but have no obligation to, monitor, edit or remove content that we determine is unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or that violates intellectual property rights or these Terms.

You agree that your comments will not violate third-party rights, contain unlawful, abusive or obscene material, or contain viruses or malware. You may not use a false email address, pretend to be someone else or mislead us or third parties as to the origin of comments. You are solely responsible for your comments and their accuracy. We take no responsibility for comments posted by you or any third party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service containing typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability. We reserve the right to correct errors, inaccuracies or omissions, change or update information, or cancel orders if information in the Service or on a related website is inaccurate at any time without prior notice.

We undertake no obligation to update, amend or clarify information in the Service or on a related website, including pricing information, except as required by law. No specified update or refresh date should be taken to indicate that all information has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions in these Terms, you are prohibited from using the site or its content for any unlawful purpose; to solicit unlawful acts; to violate regulations, rules, laws or ordinances; to infringe intellectual property rights; to harass, abuse, insult, harm, defame, intimidate or discriminate; to submit false or misleading information; to upload or transmit malicious code; to collect or track personal information of others; to spam, phish, pharm, pretext, spider, crawl or scrape; for any obscene or immoral purpose; or to interfere with security features of the Service, related websites or the Internet. We reserve the right to terminate use of the Service for violating any prohibited use.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that use of our Service will be uninterrupted, timely, secure or error-free, or that results obtained from use of the Service will be accurate or reliable. We may remove or cancel the Service for indefinite periods without notice.

You expressly agree that use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered through it are provided as is and as available, without warranties or conditions of any kind, express or implied, including warranties of merchantability, quality, fitness for a particular purpose, durability, title and non-infringement.

In no case shall MotoTec Canada, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim or direct, indirect, incidental, punitive, special or consequential damages of any kind, including lost profits, lost revenue, lost savings, loss of data, replacement costs or similar damages, whether based in contract, tort, negligence, strict liability or otherwise, arising from use of the Service or products procured using the Service, or any other claim related to use of the Service or any product, even if advised of their possibility. Where jurisdictions do not allow exclusion or limitation of liability for consequential or incidental damages, liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless MotoTec Canada and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms or the documents incorporated by reference, or your violation of any law or third-party rights.

SECTION 15 - SEVERABILITY

If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision will be enforceable to the fullest extent permitted by law, and the unenforceable portion will be severed. This determination will not affect the validity and enforceability of the remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred before termination survive termination for all purposes. These Terms are effective unless and until terminated by you or us. You may terminate these Terms by notifying us that you no longer wish to use our Services or by ceasing to use our site.

If, in our sole judgment, you fail or we suspect that you have failed to comply with any term or provision of these Terms, we may terminate this agreement at any time without notice. You remain liable for amounts due up to the termination date, and we may deny access to our Services.

SECTION 17 - ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver. These Terms and any policies or operating rules posted by us constitute the entire agreement between you and us and govern use of the Service, superseding prior or contemporaneous agreements, communications and proposals. Ambiguities will not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms and any separate agreements whereby we provide Services shall be governed by and construed in accordance with the laws of Canada.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates to our website. Your continued use of or access to our website or the Service following the posting of changes constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at sales@mototec.ca.