(Last modified on May 30, 2019)
1. Welcome; Acceptance and Modifications; Contacting Us
Welcome to the Maintech Group of Industries Inc. Website and E-commerce Services. We thank you for choosing to shop with us!
Maintech Group of Industries Inc. (from here on in referred to as Maintech Industries) reserves the right, at any time and without prior notice, to modify or replace any of the TOU. Any changes to the TOU can be found at this URL. It is your responsibility to check the TOU periodically for changes. Your use of the Website or the Services following the posting of any changes to the TOU constitutes acceptance of those changes. If there are any significant changes to the TOU that materially affect your relationship with us, we will use commercially reasonable efforts to notify you by sending a notice to the email address specified in your account, or by posting a prominent notice on the Website.
If you have any questions about the TOU, please contact:
Maintech Industries Legal
955 Middlefield Road, Unit 2
Toronto, Ontario, Canada
These TOU cover several different situations, so please refer to the following definitions for clarification:
“Maintech Industries” is a federally-incorporated company in the Province of Ontario, Canada. Where the present TOU refer to “Maintech Industries”, they may refer to Maintech Industries and / or its affiliates, subsidiaries, employees, officers, directors, subcontractors, agents, partners or representatives, depending on the context. Any reference to “we”, “our”, or “us” in these TOU shall also refer to Maintech Industries.
“Products” refers to Maintech Industries and /or any customizations as applicable, and any other products you can purchase through the Services on the Website.
“Services” are the e-commerce software services that Maintech Industries has developed and / or licensed that allow you to purchase Products on the Website, and related functionalities.
“Users” refers to anyone visiting the Website or using the Services. In these TOU, a Website visitor or Services User may also be referred to as “you”. When a Services User has created an account and is logged in, they may be referred to as a “Logged-in User”. When a Services User has made a purchase of a Product, they may be referred to as a “Purchaser”.
“Website” refers to the website located at the URL https://www.maintechindustries.com/ which is owned and operated by Maintech Industries, and includes all subdomains, present and future.
3. General Code of Conduct for Use of the Website and Services
By visiting the Website and / or using the Services, you agree to:
(i) Not use the Website or Services in any manner that in any way violates these TOU or any other applicable policy posted on the Website by Maintech Industries;
(ii) Not use the Website or Services in any manner that violates any intellectual property rights of Maintech Industries or any third party;
(iii) Not use the Website or Services in any manner to propagate spam, including but not limited to unsolicited advertising or bulk electronic mail or messages, including to link to a spam or phishing website;
(iv) Not use the Website or Services in any manner to propagate software viruses, Trojan horses, worms, or any other malicious or non-malicious computer code, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment in any form whether belonging to Maintech Industries or a third party, or to damage or obtain unauthorized access to any system, data, or other information (whether Personal Information or not) of Maintech Industries, other Users, or any other third party;
(v) Not: (1) take any action that imposes or may impose (as determined by Maintech Industries in its sole discretion) an unreasonable or disproportionately large load on Maintech Industries (or its third party providers’) infrastructures; (2) interfere or attempt to interfere with the proper functioning of the Website or Services or any activities conducted through the Services; (3) bypass any measures Maintech Industries may use to prevent or restrict access to the Services or any element thereof; (4) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Website or Services; or (5) harvest or scrape any content from the Website or Services in an unreasonable manner;
(vi) Not take any action or use any process that removes, modifies, disables, blocks, obscures or otherwise impairs any advertising or other promotions in connection with the Website or Services;
(viii) Not interfere with any third party’s use or enjoyment of the Website or Services;
(ix) Not do anything or encourage conduct that would constitute a criminal offense or give rise to civil liability, or is any way unlawful, illegal, fraudulent or harmful to any third party;
(x) Not attempt to do any of the foregoing prohibitions;
(xi) Use the Website and Services in good faith, and in compliance with all applicable local, provincial or state, national, and international laws.
4. Accounts, Passwords and Logged-in Users
a. Accounts and Passwords
In order to use certain aspects and functions of the Services, you may be required to create an account. Accounts are available to anyone who provides the requisite information, subject to the restrictions and conditions as outlined elsewhere in these TOU.
As part of the account registration, you will be assigned a password. If you choose to change your password through the Services, it is your responsibility to create a password of sufficient strength that cannot easily be discovered by third parties. You are responsible for maintaining the confidentiality of your password, and are responsible for all activities that occur under your account whether by you or any third party. You agree to immediately notify us of any unauthorized use of your account or any other breach of security regarding your account.
If you are a Logged-in User, it is strongly suggested that you log out of your account at the end of every session, or not leave a logged-in account unattended for any period of time. Maintech Industries, its affiliates, and their respective shareholders, officers, directors, employees, agents, partners, principals, representatives, successors and assigns (collectively “Representatives”), will not be held liable for any losses or damages, direct or indirect, pecuniary or non-pecuniary, resulting from your failure to log out at the end of the session, an unattended logged-in session, or a third party using the Services with your Account Information and accessing your account through any means, and disclaims any responsibility in this regard.
Maintech Industries reserves the right to suspend or terminate your account, at its sole discretion, at any time and for any reason, including but not limited to whether you have violated the letter or spirit of the TOU, as more fully described further in these TOU.
b. Age Requirements
You must be 18 years of age or the age of majority in your province or state to use the Services to purchase Products. Individuals under the age of 18, or applicable age of majority, may utilize the Services only with the involvement of a parent or legal guardian, under such person’s account and otherwise subject to these TOU.
c. Account Information
By submitting Account Information, you represent and warrant that the Account Information is true and accurate to the best of your knowledge. Submitting false or misleading Account Information may result in you being banned from using the Services, at our sole discretion.
5. Products, Pricing, Taxes and Payments
a. Products for Sale through the Services
We have done our best to display as accurately as possible the colours of the Products shown on the Website. However, because the colours you see will depend on your monitor or display, we cannot guarantee that your display of any Product colour will be accurate. While the Website attempts to be accurate in its product descriptions, Maintech Industries does not represent or warrant that Product descriptions or other content on the Website is accurate, complete, reliable, current, or error-free. If you find that a Product you purchase is not as described, your may return it in accordance with Maintech Industries ‘s Return Policy described below.
The purchase of Products on the Website is subject to availability. In the event that Maintech Industries advises you that any Products are no longer available, Maintech Industries will have no obligation to fulfill your order and you will have no obligation to pay Maintech Industries for the order. If your payment has already been made, you will be refunded.
b. Pricing and Payments
Prices displayed through the Services are firm and are listed in American or Canadian dollars, depending on your location. The price may be converted to other currencies at the time of payment processing, depending on your country of origin and / or credit card account agreement. Prices do not include applicable sales taxes, delivery fees or any other applicable fees, which shall be displayed during the checkout process, depending on your location and selections you have made (for example delivery method).
By confirming your purchase at the end of the checkout process by clicking the “Place Order” button, you agree to pay Maintech Industries the amount set out as the Total on the checkout page. The Total is quoted in American or Canadian dollars depending on your location, and includes shipping and handling fees, any other additional fees, and all applicable taxes.
Depending on your location, your purchase may be subject to import duties, national or local taxes, and/or customs or brokerage fees which will not be displayed during the checkout process. You acknowledge that you are solely responsible for any of these additional charges.
While we strive for accuracy in the pricing displayed on the Website and the other product information we provide, errors can occur. In the event that a Product is mistakenly listed at an incorrect price, Maintech Industries reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Maintech Industries reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and the Purchaser’s credit card charged. If the Purchaser has already been charged for the purchase and the order is cancelled, Maintech Industries shall issue a credit to the credit or debit card account used to make the purchase in the amount of the incorrect price (plus any taxes and / or shipping or other fees).
c. Billing Information and Payment Processing
All Billing Information is collected by the Third-Party Payment Processors, on their own secure servers. Maintech Industries does not have access to any credit card information, nor can it be responsible for any breach of information caused by faulty programming or malicious users on the servers of the Third-Party Payment Processors. Non-financial information will, however, be available to Maintech Industries for shipping and data-keeping purposes. While Logged-in Users can store Billing Information for future purchases, credit card information is not available to Maintech Industries.
d. Shipping and Delivery
Depending on the circumstances and the method of delivery chosen, delivery may be made by third-party delivery services, generally UPS (the “Third-Party Delivery Services”). Maintech Industries shall in no way be held responsible for any damages resulting from any error or failure on the part of Third-Party Delivery Services. Risk of loss, damage or destruction shall pass to Purchaser upon delivery.
6. Return and Refund Policy
Maintech Industries is committed to your full customer satisfaction.
To begin the return process, please contact customer service at 1-888 268 5120 or firstname.lastname@example.org within the Refund Period so that we may assist you and authorize your return. We will provide instructions, including where to return your Product. You must follow this process in order to receive your refund.
All refunds for returned Product(s) will be issued as soon as practicable, but no more than 3 working days, following our receipt of the returned Product(s). Your refund, including all taxes, shipping fees and any additional fees will be issued to the same credit or debit card used to make the purchase. We will also reimburse you for your shipping costs for the returned Product(s) if you provide proof of payment.
You may also cancel your order of Product(s) if the order has not yet been shipped. If you wish to cancel your order, please contact customer service at 1-888 268 5120 or email@example.com to confirm the cancellation of your order, prior to receiving our confirmation that your order has been shipped. We will as soon as practicable refund the amount charged to you, including all taxes, shipping fees and any additional fees to the same credit or debit card used to make the purchase.
7. Proprietary Rights and User Content Rights
a. Intellectual Property Rights
You acknowledge that: (a) the Website and Services contain proprietary and confidential information that are protected by applicable intellectual property and other laws, and (b) Maintech Industries and/or third parties (via license) own all right, title and interest in and to the Website and Services and content that may be presented or accessed through the Website and Services, including without limitation all Intellectual Property Rights therein and thereto. All rights not specifically granted under these TOU are reserved to Maintech Industries and its licensors. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, whether registered or not, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.
You agree that you will not, and will not allow any third party, to (i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from, the Website or Services, or content that may be presented or accessed through the Website or Services for any purpose, unless otherwise permitted by these TOU or the functionalities of the Services; (ii) take any action to circumvent or defeat the security deployed or enforced by any functionality contained in the Website or Services; or (iii) remove, obscure, or alter Maintech Industries or any third party’s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Website or Services.
The content, arrangement and layout of the Website and Services, including but not limited to the trademarks, photos, logos, videos, audio, images, text (in the form of plain text, HTML, or PDFs) and Computer Code are proprietary to Maintech Industries, either owned or under license, and may not be copied, imitated, reproduced, displayed, distributed, transmitted, decompiled or otherwise used without the express permission of Maintech Industries, or as permitted by the functionality of the Services or these TOU. Any unauthorized use of the content, arrangement or layout of the Website or Services, Computer Code, images, logos, videos, audio or trademarks found in the Website or Services or any portion of or derivative works thereof may violate civil or criminal laws, including but not limited to intellectual property laws, and Maintech Industries may take action accordingly.
b. Submitted Information
If you choose to communicate to Maintech Industries (via any means) suggestions for improvements to the Website or Services or Maintech Industries Products or business generally (collectively, “Feedback”), Maintech Industries shall own all right, title, and interest in and to the Feedback and will be entitled to use the Feedback without restriction. You hereby irrevocably assign all right, title and interest in and to the Feedback to Maintech Industries and waive in favor of Maintech Industries, its successors and assigns all your moral rights in the Feedback, and agree to provide Maintech Industries such assistance as Maintech Industries may require to document, perfect, and maintain Maintech Industries rights to the Feedback. You acknowledge and agree that, by providing any Feedback to Maintech Industries, you are not entitled to any compensation or reimbursement of any kind from Maintech Industries under any circumstances.
c. User Content
You may also now or in the future upload certain file types including but not necessarily limited to text, photographs, graphics, video, audio or any other type of media or content, and other interactive features generated, provided, or otherwise made accessible on or through the Services. All of the foregoing shall be deemed “User Content”. By creating, submitting and / or uploading User Content, you agree to be bound by the Maintech Industries policy for User Content as described in this section (the “User Content Policy”).
When you submit User Content, you acknowledge and agree to the following:
(i) User Content submitted by you does not violate any intellectual property right or other proprietary right of a third party. Without limiting the generality of the foregoing, you acknowledge that any User Content submitted contains your own original works, or works for which you have been granted a valid license to reproduce or display. You affirm, represent and warrant that: (1) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Maintech Industries to use all intellectual property rights and other proprietary rights in and to the User Content (or the individual constituent elements thereof) as set out herein; and (2) have all necessary consents to collect, use and disclose any personally identifiable information and images (of yourself or third parties) contained or displayed in the User Content to enable inclusion and use of the User Content in the manner contemplated by the Services and these TOU;
(ii) You retain all of your ownership rights in the User Content you submit. However, by submitting User Content to Maintech Industries, you hereby grant Maintech Industries a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, edit, translate, reproduce, distribute, display, and / or perform and otherwise fully exploit the User Content in connection with the Websites and Services and / or Maintech Industries (and its successors’ and affiliates’) business or activities, including without limitation for promoting and redistributing part or all of the Websites or Services (and derivative works thereof) in any media formats and through any media channels without any compensation to you, though Maintech Industries reserves the right to offer you compensation. You understand and agree that Maintech Industries may retain, but not display or distribute, server copies of User Content that have been removed or deleted;
(iii) You also hereby waive any moral rights you may have in your User Content and grant other visitors or Users of the Websites or Services a non-exclusive license to access your User Content, and to use, reproduce, distribute, display and / or perform such User Content only as permitted through the functionality of the Services and under these TOU;
(iv) The licenses granted by you in the previous two paragraphs in regards the User Content are perpetual and irrevocable, and apply throughout the world and in any and all media as applicable;
(v) You will not upload any User Content that is unlawful, such as User Content that is threatening, abusive, harassing, defamatory, libelous, fraudulent, invasive of another’s privacy, or otherwise tortuous. Furthermore, you will not upload any User Content that is racist, sexist, homophobic, or otherwise offensive to any minority or group; contains any adult content or political militancy; or upload any User Content that contains any viruses, commercial solicitations, mass mailing, chain mailing or any other form of spam;
(vi) You will not include in User Content links to any third-party website that is a spam or phishing website, to any website that sells goods or services, or to any website that may violate any applicable law.
Where you are accessing or downloading User Content of a Logged-in User, you acknowledge that any use of User Content accessed or downloaded by you while using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any third party arising therefrom, and Maintech Industries disclaims any responsibility in this regard.
If you as a Website visitor or Services User believe that a Logged-in User has posted User Content that violates this User Content Policy, please contact us at firstname.lastname@example.org so that we may conduct an inquiry. Maintech Industries retains absolute discretion whether to remove or modify any User Content or take any other action pursuant to your report.
User Content is not edited, curated or otherwise modified or checked by Maintech Industries prior to posting. Maintech Industries reserves the right, in its sole discretion, to refuse to display any User Content, or to remove or modify immediately and without notice any User Content that violates the User Content Policy.
Maintech Industries and its Representatives will not be held liable for any damages, pecuniary or otherwise, to you or any third party arising from your submission or use of User Content, whether it violates the User Content Policy or not, or our removal or modification thereof, and disclaims any responsibility in this regard.
8. Interruption of Service
From time to time, the Website or the Services (or any portion thereof), may be unavailable for brief periods of time for maintenance and / or modifications to the Website or Services. While we will endeavour to make this unavailability as brief as possible, Maintech Industries and its Representatives shall not be held liable for any losses or damages, direct or indirect, pecuniary or non-pecuniary, resulting from the interruption of the normal functioning of the Website or Services, and disclaims any responsibility thereto.
9. Suspension or Termination of your Account; Termination of the Services and the TOU
Maintech Industries may also, in their sole discretion and at any time, discontinue providing the Website and / or Services, or any portion thereof, with or without notice. You agree that Maintech Industries shall not be liable to you or any third party for any losses or damages, pecuniary or non-pecuniary, resulting from termination of your access to the Website or Services, or from Maintech Industries termination of the Website and / or Services or any part thereof.
Termination of the Website and / or Services or your access to the Website and / or Services shall terminate the present TOU as between you and Maintech Industries. All provisions of these TOU which by their nature should survive termination of these TOU shall survive termination, including without limitation, intellectual property provisions, disclaimers, indemnity and limitations of liability.
10. External Links
In no way will Maintech Industries or its Representatives be held responsible for any damages, direct or indirect, pecuniary or non-pecuniary: (1) for your use of websites or other services that may be linked to from the Website or Services or the information thereon; (2) for any virus, Trojan horse, worm or other similar destructive file received as a result of your use of those websites or services; (3) caused by or in connection with, use of or reliance on any content, or products or services (whether free or for purchase) available on or through any linked-to website or service; or (4) for the actions of the operators of any such website or service.
11. Disclaimer of Warranties
You expressly understand and agree that your use of the Website or Services, the information or material thereon (whether provided by Maintech Industries or third parties) or any activity arising from your use of the Website or Services or the information thereon (including but not limited to your use of a purchased Product) or the materials streamed or downloaded therefrom is at your sole risk. The Website and Services, any materials downloaded therefrom, or any third party materials, are provided on an “as is” and “as available” basis, and you will be solely responsible for any damage to your computer or device or loss of data that results from the download or access of any material obtained through the use of the Website or Services or any other functionalities of the Services, or losses or damages (pecuniary or otherwise) resulting from (i) your use of the Website or Services, the information thereon, any materials downloaded therefrom, or (ii) any activity arising from the use of the Website or Services or the information thereon (including but not limited to your use of a purchased Product) or any materials downloaded therefrom.
The information or resources provided on the Website or through the Services, written or produced by Maintech Industries staff, freelance writers or other subcontractors are known to be as accurate as possible at the time of writing or production, and every effort has been made to ensure that the information from the Website or Services is as accurate and up-to-date as possible. However, certain information may change, and errors or omissions may occur, and Maintech Industries and / or its Representatives shall not be responsible for any loss or damage, financial or otherwise, resulting from changes or errors in information, or any omission, on the Website or Services.
Maintech Industries expressly disclaims all warranties of any kind, whether express or implied, including but not limited to: warranties of title and non-infringement; warranties that the Website or Services, the information thereon or any materials downloaded therefrom, and any third-party materials will be uninterrupted, error-free, accurate, reliable and free from virus and other harmful components; and the implied warranties of merchantability and fitness for a particular purpose. Maintech Industries and its Representatives do not warrant that: (i) the Website and Services will be secure or available at any particular time or location; (ii) any defects or errors or omissions will be corrected; (iii) any content or software available at or through the Website or Services is free of viruses or other harmful components; (iv) functionalities of the Services will work equally in desktop and handheld or tablet device environments; or (v) the results of using the Website or Services, or any activity arising therefrom (including but not limited to your use of a purchased Product), or any content downloaded therefrom will meet your requirements.
12. Limitation of Liability
Maintech Industries shall not be liable and assumes no responsibility for any loss or damages arising from or relating to the information available through the Website or Services or downloaded therefrom, the use of the Website or Services, activities arising from your use of the Services (including but not limited to your use of a purchased Product), or any third-party materials on the Website or available through the Services.
To the maximum extent permitted by law, in no event will Maintech Industries or it Representatives: (i) be liable for any indirect, incidental, extraordinary, consequential, special, punitive or exemplary damages (including, without limitation, loss of revenue or profits, lost or damaged data, loss of use, business interruption or any other pecuniary loss), arising out of or relating to the Website or Services or your use, misuse or inability to use the Website or Services, even if Maintech Industries has been advised of the possibility of such damages. This limitation of liability will apply regardless of the form of action, whether in contract, warranty, tort, negligence, strict liability or under any other legal theory.
14. Governing Laws and Jurisdiction
These TOU, and your use of the Website and Services shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada and the Federal laws of Canada applicable therein in force at the time without regard to conflict of law provisions. Without limiting the generality of the foregoing governing law, Maintech Industries practises with respect to the purchase of Products are designed to be in conformity with Ontario’s Consumer Protection Act, 2002, S.O. 2002, c. 30, Sched. A, and its related regulations.
You agree that any legal action or proceeding between you and Maintech Industries shall be brought exclusively in the courts located in the courts in Toronto, Canada. Notwithstanding the foregoing, Maintech Industries shall have the right to bring action against you in courts of competent jurisdiction in the jurisdiction in which you reside or are located: (i) to seek injunctive relief against you; (ii) to obtain a judgment against you where a judgment by the Toronto court will, or may not be, enforced by the jurisdiction in which you reside or are located; or (iii) to enforce in your jurisdiction a judgment obtained against you in the Toronto court.
15. Miscellaneous Provisions
(ii) Maintech Industries shall not be liable for any failure to perform its obligations under the present TOU where such failure results from any cause beyond Maintech Industries reasonable control, including, but not limited to, mechanical, electronic or communications failure or degradation, or any force majeure event.
(iv) The failure of Maintech Industries to exercise or enforce any right or provision of these TOU does not constitute a waiver of such right or provision, which will still be available to Maintech Industries.
© Maintech Industries Inc. 2019