Please read these terms and conditions of use carefully before using this site.
- BINDING AGREEMENT
- PROFESSIONAL SERVICES DISCLAIMER
- NO WARRANTIES
- EXCLUSION OF LIABILITY
- COPYRIGHT AND TRADEMARK
- POSTING
- USE OF THIS WEBSITE
- LINKS
- APPLICABLE LAW AND VENUE
- SEVERABILITY
- SURVIVAL
- WAIVERM
- PRIVACY AND SECURITY
- EFFECTIVE DATE AND CHANGES
- COMPLETE AGREEMENT
BINDING AGREEMENT
By accessing www.kemetic.ca (the “Website”), you agree that these Terms and Conditions of Use (the “Terms and Conditions”) form a binding agreement between you, KEMETIC Inc. with respect to the use of the Website. If you do not wish to be bound by these Terms and Conditions, do not use this Website. KEMETIC reserves the right to change these Terms and Conditions at any time; accordingly, you should review these Terms and Conditions each time you view this Website. Your continued use of this Website signifies that you agree to be bound by these Terms and Conditions as they may be amended.
DISCLAIMER
The content of this Website, such as text, graphics, images, information obtained from the manufacturers, suppliers and other entities, and other material (collectively, “Content”) is for informational purposes only. Any information furnished on this Website is not intended nor implied to be technical official advices and is not intended to replace personal consultation with a qualified computer service technician, mining expert, or similar technical professional.
KEMETIC have not examined the Content for accuracy, timeliness, completeness, appropriateness, or helpfulness. KEMETIC do not endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on this Website. Your reliance upon information and Content obtained by you at or through this Website is solely at your own risk. IN NO EVENT SHALL KEMETIC INC BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY DAMAGE OR INJURY (INCLUDING, WITHOUT LIMITATION, ELECTROCUTION) TO YOU, OTHER PERSONS, OR PROPERTY ARISING FROM ANY MISUSE OF ANY PRODUCT, INFORMATION, IDEA, OR INSTRUCTION CONTAINED IN THE CONTENT.
NO WARRANTIES
YOU ACKNOWLEDGE THAT THE INFORMATION ON THIS WEBSITE IS PROVIDED “AS IS” FOR GENERAL INFORMATION ONLY. KEMETIC INC. DO NOT MAKE AND HEREBY DISCLAIM ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, OF ANY KIND REGARDING THIS WEBSITE OR THE INFORMATION IN IT, INCLUDING WITHOUT LIMITATION TO ANY WARRANTY OF ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, OR ANY WARRANTY THAT THESE PAGES, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. KEMETIC RESERVES THE RIGHT TO CHANGE OR DISCONTINUE AT ANY TIME ANY ASPECT OR FEATURE OF THIS WEBSITE.
EXCLUSION OF LIABILITY
Because some jurisdictions do not allow the exclusion or limitation of liability in certain circumstances, the following limitations and exclusions may not apply to you and, in such jurisdictions, liability is limited to the fullest extent permitted by law.
IN NO EVENT SHALL KEMETIC INC., THEIR LICENSORS, SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THIS WEBSITE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, GENERAL, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, CLAIMS FOR LOST PROFITS, OR DAMAGES RESULTING FROM THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA, OR DUE TO ANY BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR INABILITY TO USE THIS WEBSITE OR THE CONTENT, WHETHER BASED IN CONTRACT, TORT, CIVIL LIABILITY, STRICT LIABILITY, OR OTHERWISE, AND WHETHER OR NOT, KEMETIC INC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You acknowledge that, in connection with this Website, information will be transmitted over local exchange, interexchange, and internet backbone carrier lines and through routers, switches and other devices owned, maintained, and serviced by third party local exchange and long-distance carriers, utilities, internet service providers, and others, all of which are beyond the control and jurisdiction of KEMETIC Inc., and its suppliers. Accordingly, KEMETIC Inc., assume no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of this Website.
COPYRIGHT, TRADEMARK AND OTHER PROPRIETARY RIGHTS
The Content consists of copyrighted works proprietary to KEMETIC Inc. You may download and print a single copy of the Content solely for your personal, non-commercial use. Any Content you download or print may not be altered in any way and must contain the following copyrighted notice: “® 2022 by KEMETIC Inc. All rights reserved.” and all other copyright and proprietary rights notices which were contained in such Content. Any other use of the Content is expressly prohibited without our prior written permission and any rights or licences to any tangible or intangible KEMETIC materials not expressly granted herein are expressly reserved to KEMETIC. Any unauthorized use of any of the Content is a violation of law and subjects you to all civil and criminal penalties provided for under domestic and international laws covering such unauthorized use.
All product and service names, logos, and symbols used and displayed on this Website are registered and unregistered trademarks of KEMETIC and others. Nothing on this Website shall be construed as granting, by implication, estoppel or otherwise, any licence or right to use any trademark displayed on this Website without the prior written permission of the trademark owner. KEMETIC’s trademarks and logos may not be used in connection with any product or service that is not associated or affiliated with KEMETIC, in any manner that is likely to cause confusion among the public, or in any manner that disparages or discredits KEMETIC or the trademark.
POSTING
You agree that you will not post any communications or content of any type that infringe or violate any rights of any party. By submitting communications or content to any part of this Website, you agree that such submission is non-confidential for all purposes. If you post such communications or content, you automatically grant—or warrant that the owner of such content has expressly granted—KEMETIC a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to include the work on this Website (and to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, communicate to the public, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed). You acknowledge that you are responsible for submissions, and you, not we, have full responsibility for the submissions, including, without limitation, legality, reliability, appropriateness, originality, and copyright. You further recognize that we do not want you to, and by making a submission you warrant that you shall not, provide any information or material to us that is defamatory, threatening, obscene, harassing, or unlawful, or that constitutes a trade secret or incorporates the proprietary material of another party.
We may, but shall not be obligated to, in our sole discretion, post any submission on this Website and identify you as the submitting party. We may, without notice to you, refuse or edit submissions for any reason or no reason, including, without limitation, those submissions that we determine in our sole discretion are inappropriate, unlawful, fraudulent, threatening, libelous, defamatory, obscene, encourage or constitute dangerous, violent, immoral, offensive, illegal, pornographic, or similarly inappropriate behavior, or that represent us in a negative way or in any manner not consistent with our brand and/or reputation, as may be determined in our sole and absolute discretion, or infringe or violate any party’s intellectual property or other proprietary rights or these Terms and Conditions.
Submissions should not be dangerous or unsafe for you or a third party to make or produce. Submissions also should not contain, include, or encourage images or activities that are dangerous, unsafe, or present unreasonable risk of harm to person or property, and submissions should not suggest or imply to any person to undertake any illegal, dangerous, unsafe, or unduly risky activity, as may be determined in our sole and absolute discretion. Submissions should not contain any intellectual property belonging to any other party, including, without limitation, trademark, copyright protected material, logo, trademark, service mark, storefront, trade dress, mascot, photograph, or other image of any person, business or company, other than us. Such inappropriate submissions are strictly prohibited, and any submissions in violation of the above requirements and restrictions will not be posted or shall be subject to removal without notice.
USE OF THIS WEBSITE
Any use or attempted use of this Website (i) for any unlawful, unauthorized, fraudulent, or malicious purpose, (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, (iii) that could interfere with any other party’s use and enjoyment of this Website, (iv) to gain unauthorized access to any other accounts, computer systems, or networks connected to any server or systems through hacking, password mining, or any other means, (v) to access systems, data, or information not intended by us to be made accessible, (vi) to attempt to obtain any materials or information through any means not intentionally made available by us, or (vii) for any use other than the business purpose for which it was intended, is strictly prohibited. Examples of illegal or unauthorized uses of this Website include, but are not limited to: (i) modifying, adapting, translating, or reverse engineering any portion of this Website or its Content; (ii) using any robot, spider, site search/retrieval application, or other device to retrieve, scrape, or index any portion of this Website or any other Submissions; (iii) reformatting or framing any portion of the pages or application images that are part of this Website; (iv) creating or transmitting commercial electronic messages without consent, unwanted electronic communications such as “spam” or chain letters to other users or otherwise interfering with other users’ enjoyment of this Website; (v) Submissions purportedly made on behalf of any third party without such third party’s prior written consent, including, without limitation, registering, subscribing, attempting to register, attempting to subscribe, unsubscribe, or attempting to unsubscribe, any party for any services if you are not expressly authorized by such party to do so; (vi) submitting Submissions that falsely express or imply that such Submissions are sponsored or endorsed by us; (vii) submitting Submissions that disparage this Website or us; (viii) submitting Submissions that infringe, misappropriate or violate the intellectual property, publicity, privacy, right to image or other rights of any party; (ix) transmitting any viruses, worms, defects, Trojan horses, time bombs, cancel-bots, corrupted files, or other items of a destructive nature; (x) submitting Submissions that are unlawful or promote or encourage illegal activity; (xi) displaying an advertisement as part of any Submission; (xii) any automated use of the information handling system, including, without limitation, the use of scripts to send messages through this Website; or (xiii) submitting false or misleading information.
While we prohibit such conduct and content on or through this Website, you understand and agree that you still may be exposed to such materials and that you use this Website at your own risk.
LINKS
KEMETIC may provide links on this Website, via advertising and otherwise, to other websites that are not under the control of KEMETIC, KEMETIC does not endorse or make any warranty of any type regarding the content contained on such websites or products and services offered therein. Your use of such websites is at your own risk and KEMETIC Inc. are not liable to you for any loss or damage you may suffer by your use of such websites. You hereby waive any and all claims you may have against KEMETIC Inc. regarding our inclusion of such links to third party websites or your use of those websites.
APPLICABLE LAW AND VENUE
By accessing this Website, you, KEMETIC Inc., agree that the statutes and laws of the Province of New Brunswick, without regard to conflicts of laws principles thereof, and the federal laws of Canada applicable therein will apply to all matters arising from or relating to use of this Website. You, KEMETIC also agree and hereby submit to the exclusive personal jurisdiction and venue of any state court in the District of Fredericton, Province of New Brunswick, with respect to such matters. This Website is controlled, operated, and administered by us and our service provider designees from offices within Canada. We make no representation that materials on this Website are appropriate or available for use at other locations outside of Canada and access to them from territories where their contents are illegal is prohibited. You may not use this Website or export the materials on this Website in violation of Canadian export laws and regulations. Those who choose to access this Website from outside Canada do so on their own initiative and are responsible for compliance with local laws.
SEVERABILITY
If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
SURVIVAL
The following provisions of these Terms and Conditions shall survive the expiration or termination of these Terms and Conditions: No Warranties, Exclusion of Liability, Applicable Law and Venue, Severability, Survival, Indemnification, and Complete Agreement.
WAIVER
Any waiver of any of these Terms and Conditions shall not operate or be construed as a continuing waiver of such term or condition or any other term or condition.
PRIVACY
Our use of personal information concerning you, if any, collected through this Website is set forth in our Privacy Policy, and, by accessing this Website, you agree to the collection, use, and disclosure of your personal information as set out in our Privacy Policy.
LANGUAGE
The parties hereto have expressly requested that these Terms and Conditions be drawn up in English. Les parties aux présentes ont expressément requis que les présentes modalités soient rédigées en langue anglaise.
EFFECTIVE DATE AND CHANGES
These Terms and Conditions are effective as of their posting on this Website. From time to time, it may be necessary to update or modify these Terms and Conditions. Accordingly, we reserve the right, in our sole discretion, at any time and without notice, to add to, change, update, modify, or remove any portion of these Terms and Conditions. Any such addition, change, update, modification, or removal will be effective immediately upon its posting on this Website.
We may terminate, change, revise, modify, suspend, or discontinue any aspect of this Website, including, without limitation, the availability of any features of this Website, at any time, so it is your responsibility to review these Terms and Conditions from time to time. You agree that your continued use of this Website constitutes an agreement to these Terms and Conditions. We may also impose limits on certain features and services or restrict your access to parts or the entire website without advance notice and without liability. We may, at any time and without advance notice, terminate the authorization, rights, and licence given above and, upon such termination, you shall immediately destroy all Content. You may terminate this agreement by destroying: (a) all Content obtained from this Website and any related KEMETIC Inc or other sites, and (b) all related documentation and all copies and installations, provided that any accrued rights, obligations, representations, or warranties shall not terminate.
COMPLETE AGREEMENT
These Terms and Conditions, the Privacy Policy you may enter into in relation to purchases of products on this Website, contain the entire agreement between you, KEMETIC Inc relating to your use of this Website.
® 2022 by KEMETIC Inc. All rights reserved.
TERMS AND CONDITIONS OF PURCHASE
These Terms and Conditions of Purchase, the Terms and Conditions of Use of www.kemetic.ca (this website), and the Privacy Policy (together, the “Terms of Purchase”) govern any order, reservation, or purchase you make on the Site. The Terms of Purchase are an agreement between you and KEMETIC Inc.
PLEASE CAREFULLY READ THE FOLLOWING TERMS, THE TERMS AND CONDITIONS OF USE , AND THE PRIVACY POLICY, WHICH ARE HEREBY INCORPORATED BY REFERENCE. BY INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF PURCHASE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF PURCHASE AND THE TERMS OF USE AND TO THE COLLECTION, USE, AND DISCLOSURE OF YOUR PERSONAL INFORMATION IN ACCORDANCE WITH THE PRIVACY POLICY, AND YOU ENTER INTO A LEGALLY BINDING AGREEMENT WITH KEMETIC INC.
1.ACCEPTANCE OF ORDERS
Only residents of Canada who have reached the age of majority in their province of residence may place orders through the Site. Product orders on the Site are available to be picked up within Canada only.
Your order will be deemed to be accepted only if and when we send a confirmation of the terms of your order to your email address, and will be subject to these Terms of Purchase included in your order.
We may limit quantities available for reservation or sale and we reserve the right at any time to reject or correct any order for any reason whatsoever. Unless otherwise indicated, all prices and other amounts are in Canadian dollars.
2.SHIPMENT, AND DELIVERY
Pre-Orders / Orders made for online will be available for shipping at the time indicated on the confirmation email you will receive after placing your order.
For orders made for delivery, the delivery date of your purchase depends on the product availability indicated in the order page. Our shipping process and options that you may have with regard to shipment, including delivery method, carrier, and estimated date of delivery or time for delivery, are described during the purchase process but we reserve the right to use a substitute carrier for your purchase at any time, at our discretion.
3.METHODS OF PAYMENT
Pre-Orders / Orders made online are payable upfront. The amount of the order will be charged to the payment method you indicated during the purchase process. If partial shipment is made, the amount corresponding to the items shipped (and corresponding taxes and charges) through the partial shipment will be charged.
You can pay for any purchase you make online by using a MasterCard or VISA credit card and AMEX. By submitting your payment by credit card, you authorize KEMETIC Inc to charge the applicable card for the total amount of your order and you represent and warrant that you are the cardholder of the applicable card. If your card is rejected by the card issuer, your order will not be accepted, and KEMETIC INC will have no obligation to fulfill your order.
4.RETURN POLICY
KEMETIC Inc believes in customer satisfaction. Should you decide to return an item within 14 days of your purchase at the original KEMETIC Inc website where it was purchased, simply present the original purchase receipt¹, and we will provide you the option of an exchange or a refund of the purchase price in the original form of payment.
Customers may choose to return:
- Any new item in sealed original packaging and condition.
- Original opened packaging with awareness of 20% deduction, as long as it is brought back in the box that contained the NEW product.
- Any item received in a damaged or defective condition.
- Any item received in error.
Certain exceptions and exclusions to our returns policy may apply.
EXCHANGES
Exchanges are handled in the same manner as product returns. To exchange a product, simply send to the original KEMETIC Inc address within 14 days of purchase, in its original condition and packaging, and with your original purchase receipt.
Certain exceptions and exclusions to our returns policy may apply.
RETURNING OF DELIVERED PRODUCTS
Once the item is received and validated, you will receive a credit for the amount of goods plus applicable taxes within the next 15 (fifteen) days.
Note that Shipping fees for the initial transaction are non-refundable.
Important: Same product restrictions apply as for any other return (See list of Exceptions below).
Customer Service will ask for your order information and will confirm if your items can be returned.
SPECIAL ORDERS
KEMETIC Inc may not be held responsible for shipping delays of any kind. All delivery dates provided are approximate and in no way constitute a promise of delivery upon said dates. No discount, return, or any other form of compensation will be provided to any client for late deliveries or for deliveries on a date other than the one estimated at the time of order. Special orders may not be returned or cancelled under any circumstances.
EXCEPTIONS
There are some exceptions to our return policy. These include the following:
- Returns, exchanges, or warranties on an item without your original purchase receipt will not be accepted.
- Defective items are subject to the manufacturer’s warranty and will be repaired or replaced.
- Special orders may not be returned or cancelled.
EXCLUSIONS
Some products at KEMETIC Inc are non-refundable and non-exchangeable. These include the following:
- Graphic cards
If you have any questions about KEMETIC Inc return policy, please contact us.
¹ Email confirmation of your online reservation does not qualify as a receipt or a proof of purchase.
5.ERRORS
If we discover that a product’s price, description, or specifications are misstated or incorrect, we will endeavour to correct the error on our Site. If we make an error with regard to your order, we may correct or cancel an order at any time and/or edit an order to reflect the correction (you will have the right to approve or confirm any increase in price or shipping charges).
6. DISCLAIMERS, LIABILITY EXCLUSIONS/LIMITATIONS ON LIABILITY, AND INDEMNITY
OTHER THAN FOR EXPRESS, LEGAL, OR IMPLIED WARRANTIES THAT MAY NOT BE A DISCLAIMER OR EXCLUDED UNDER APPLICABLE LAW, THE PRODUCTS YOU RESERVE OR PURCHASE THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND.
KEMETIC INC AND ITS SUPPLIERS ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY LOSS OR DAMAGE ARISING FROM, CONNECTED WITH, OR RELATING TO THE PRODUCTS YOU RESERVE OR PURCHASE OR THESE TERMS OF PURCHASE, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, BUSINESS, MARKETS, SAVINGS, INCOME, PROFITS, USE, PRODUCTION, REPUTATION, OR GOODWILL, ANTICIPATED OR OTHERWISE, OR ECONOMIC LOSS, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, CIVIL LIABILITY, STRICT LIABILITY, OR ANY OTHER THEORY OF LAW OR EQUITY).
7.PRIVACY
KEMETIC collects, uses, and discloses personal information in accordance with its Privacy Policy, by accepting these Terms of Purchase, you consent to KEMETIC’s collection, use, and disclosure of personal information in accordance with this Privacy Policy as it then reads.
8.GENERAL
These Terms of Purchase and all related matters are governed solely by the laws of the Province of New Brunswick without reference to its conflict of laws provisions, and the federal laws of Canada applicable therein. Any dispute arising from, connected with, or relating to these Terms of Purchase or any related matters will be resolved by the laws of the Province of New Bruswick, Canada, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts.
These Terms of Purchase ensure to the benefit of KEMETIC and its successors, assigns, and related persons. You may not assign any rights or obligations that you have under these Terms of Purchase. KEMETIC may assign its rights and obligations under these Terms of Purchase without your consent. If any provision of these Terms of Purchase is held to be invalid or unenforceable for any reason then the provision will be deemed to be severed from these Terms of Purchase and the remaining provisions will continue in full force and effect. No consent or waiver by KEMETIC of any breach or default in the performance of obligations under these Terms of Purchase will be construed as a waiver of any other breach or default not be effective unless in writing and signed by the party granting this waiver.
The parties have expressly requested and required that these Terms of Purchase and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressément que ces modalités et tous les documents qui s’y rapportent soient rédigés en anglais.
9.CONTACT INFORMATION
KEMETIC Inc.
101-80 Dunns Crossing Road,
Fredericton, New Bruswick,
E3B 2A4 Canada
+1 506 250-5527