Brandt Group of Companies Terms and Conditions
Welcome to the Brandt Group of Companies (“Brandt
Brandt provides the Brandt website located at https://www.brandt.ca (the “Website
”) which is maintained for your personal information, education and communication. Your access to and use of the Website is subject to this Website Use Policy and Agreement (the “Policy
”) and all the terms, conditions and notices contained or referenced herein. This Policy is entered into between you and Brandt. Please read this Policy carefully before accessing or using this Website, so that you fully understand your rights and responsibilities.
BY ACCESSING OR USING THIS WEBSITE, YOU INDICATE THAT YOU ACCEPT THE POLICY AND THAT YOU AGREE TO ABIDE BY IT. YOUR ONLY REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR ITS CONTENTS IS TO STOP USING THE WEBSITE. PLEASE PRINT A COPY OF THIS POLICY FOR YOUR REFERENCE.
For greater certainty, you agree that each time you use the Website you signify your continuing acceptance and agreement to be bound by the terms and provisions of this Policy.
Brandt may modify or amend this Policy at any time. All changes will be effective immediately upon their posting on this Website. By accessing the Website following posting of changes to the Policy, you agree to all such changes.
Information displayed on this Website or services provided herein may change without notice. Brandt reserves the right to modify such information without any obligation to notify past or current Website users.
is incorporated into this Policy by this reference.
SUBSCRIPTIONS AND OTHERS TERMS AND CONDITIONS
”), all access to Brandt’s products and services may be governed by any terms of service related to Brandt online platforms, the terms and conditions of an applicable purchase order and/or other stated terms, as applicable, depending on the type of product/service/subscription you are using or contracting.
OWNERSHIP AND USE
The Website shall at all times remain the property of Brandt. Canadian and international copyright, trademark, and other laws protect the Website and all of its content. The Website is being made available for your lawful use only. No portion of the Website may be copied, reproduced, transmitted, modified or distributed in any way, in whole or in part, without the prior written consent of Brandt, save and except that you may, for your non-commercial and lawful use only, print or download Website pages provided that you do not in any way modify or change the content and that any Brandt identification, marks, notices or disclaimers remain. Your use of the Website shall not in any way transfer or assign to you, or be deemed to in any way transfer or assign to you, any ownership or other rights in the Website or any of the content on the Website. For greater certainty, copying or storing of any content on the Website for reproduction, redistribution or publication to third parties for commercial purposes is expressly prohibited. Brandt, at its sole discretion, may change, suspend or discontinue any aspect of the Website at any time, including the availability of any Website feature, database or content. Brandt may also impose limits on certain features and services, or restrict your access to the Website, without notice or liability.
The Brandt name, the Brandt logo and all related names, logos, product and service names, designs and slogans, are trademarks and/or trade names or other intellectual property of Brandt or its affiliates or licensors. Any use of the tradenames, trade-marks or other intellectual property (including logos) displayed on the Website is strictly prohibited.
ADDITIONAL RESTRICTIONS ON USE
The scraping, mining of data from, framing or mirroring of the Website by any method is strictly prohibited. You further agree that you shall not employ or utilize, among other techniques, any collaborative browsing or display technologies relating to the use by you of the Website, nor for purposes of posting any comments, communications, or any other information or data of any kind that may be read or accessed by any other person on or to the Website. You agree that you shall not upload, post or transmit to or distribute or otherwise publish through the Website any materials which:
- restrict or inhibit any other user from using and enjoying the Website;
- are unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, offensive, pornographic, profane or indecent;
- constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or governmental regulation;
- violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right;
- contain a virus or other harmful or destructive elements;
- contain any information, software or other material of a commercial nature;
- contain advertising of any kind; or
- constitute or contain false or misleading indications of origin or statements of fact.
If you choose to register with the Website (including any Brandt Online Platforms and/or Services), your account is personal to you, and you may not share your account information with, or allow access to your account by any third party. Because you will be responsible for all activity that occurs under your access credentials, you should keep your username and password secret. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify Brandt by e-mail to firstname.lastname@example.org.
You are solely responsible for your own losses and losses incurred by Brandt and others (including other users) due to any unauthorized use of your account.
If you are an organization, you shall appoint an employee, agent or representative to serve as a client administrator (the “Client Administrator
”). The Client Administrator must agree and be bound by the terms and conditions provided by Brandt in this Policy. As such, the Client Administrator shall have full authority to act on your behalf in all matters relating to the Website and the Services, including but not limited to, granting or denying user access to the Website.
Brandt agrees to adopt appropriate security measures to limit access to the Website and the Services to users identified by the Client Administrator and authorized by Brandt in accordance with this provision. Unless otherwise first notified by the Client Administrator, Brandt assumes that access to the Website by means of a valid username, password, and other identified additional form of security is authorized by the Client Administrator. If Brandt is unsuccessful in attempts to contact the Client Administrator after a period of ninety (90) days, all Users of the organization that the Client Administrator represents will be denied access to the Website and the Services.
You acknowledge and agree (1) that your use of this Website and any material, information or data downloaded or otherwise obtained through the use of this Website is at your discretion and risk, and (2) that you are solely responsible for any damage to your computer system or for loss of data that results from the download of any material, information or data, and for any other form of damage that may be incurred. None of the parties involved in creating, producing, or delivering this Website or its content will be liable to users of this Website for any damage resulting from use of this Website or use of material, information or data downloaded or otherwise obtained from this Website, nor are such parties in any way responsible for the conduct of users of this Website or for information posted or exchanged on this Website.
No advice or information, whether oral or written, obtained by you from Brandt or in any manner from this Website creates any warranty.
CONDUCTING TRANSACTIONS ON THIS WEBSITE
Portions of the Website permit you to conduct transactions, such as buying Brandt goods or services. Such transactions are subject to Brandt’s Standard Conditions of Sale, and may also be subject to other terms and conditions as set out in the transactional pages of the Website and hyperlinks contained therein.
Any document transmitted through the Website shall be deemed to be a document, as that term is defined under applicable law. Any such document featuring an electronic signature ("Signed Documents
") shall be deemed to have been signed for all purposes, including the purpose of any law, regulation or rule of law that requires an agreement to be so evidenced. Any such Signed Document shall constitute an "original" when printed from electronic files or records established by Brandt and maintained in the normal course of business to the same extent as would a corresponding paper document. To the extent permitted by law, the Parties agree not to contest the validity and enforceability of Signed Documents under the provisions of any applicable law requiring certain agreements to be in writing and signed by the party to be bound thereby.
Any purchase order (a “Purchase Order
”) submitted to Brandt through the Website shall be deemed to include the Terms and Conditions published on the Website for Brandt Purchase Orders and shall be deemed to be accepted solely upon Brandt’s express approval and acceptance of same. Any Purchase Order submitted by Brandt through the Website shall constitute an offer to purchase by Brandt. Acknowledgement, if required of such a Purchase Order, shall be deemed acceptance of same, including any and all terms and conditions contained therein. Should an Acknowledgment of the Purchase Order not be required, Brandt’s shipment of good(s) or provision of service(s) against such Purchase Order shall be deemed acceptance of same, including any and all terms and conditions contained therein.
LINKS TO OTHER WEBSITES
The Website include certain links to other websites or resources and businesses operated by other firms, entities or individuals (“Other Website
TERMINATION OF THIS POLICY AND WEBSITE
In the event that you breach any provision of this Policy then, at the sole option of Brandt, you may no longer use the Website.
BRANDT DOES NOT ACCEPT ANY LIABILITY WHATSOEVER FOR YOUR USE OF THE WEBSITE. THE WEBSITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED ON AN ‘AS IS’ BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, BRANDT MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEBSITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON, OR ACCESSED THROUGH, THE WEBSITE, FOR ANY HYPERTEXT LINKS TO THIRD PARTY WEBSITES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR ANY LINKED SITE. FURTHER BRANDT DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BRANDT DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITES OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED, ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. BRANDT SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, BRANDT SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR ACCESS TO THE WEBSITE OR FOR ANY INFORMATION OBTAINED THROUGH THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF BRANDT OR ANY OF ITS AGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
- If any provision of this Policy is found to be void, unlawful, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of this Policy, and such severance shall not affect the validity and enforceability of any of the remaining provisions of this Policy.
- The terms and provisions of this Policy enure to the benefit of, and are binding upon, you and your heirs, executors, personal representatives, successors and permitted assigns, and upon each of Brandt and its successors and assigns.
- This Policy, and none of your rights and/or obligations under this Policy, may not be transferred or assigned without the prior written consent of Brandt, which consent may be arbitrarily withheld by Brandt in its sole and unfettered discretion. Brandt may at any time assign this Policy, including any of its rights and/or obligations hereunder, without your prior consent.
- No consent or waiver will be effective unless in writing and signed by both parties. This Policy constitutes the entire agreement between Brandt and you with respect to your use of the access to the Website. This Policy supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Brandt with respect to the Website. Use of the Website is unauthorized in any jurisdiction that does not give effect to all of the terms and conditions of this Policy. Any cause of action you may have with respect to your use of and access to the Website must be commenced within six (6) months after the claim or cause of action arises.
- This Policy, and your use of the Website, and all related matters are governed solely by the laws of the Province of Saskatchewan and federal laws of Canada applicable therein (excluding, for greater certainty, any conflict or laws rules which would lead to the application of the law of any other jurisdiction). You agree with Brandt that any dispute must be resolved before the Courts of the Province of Saskatchewan, and you irrevocably attorn to the exclusive jurisdiction of those Courts.
Products purchased or received under these terms and policies shall be subject to the export laws and regulations of Canada and the United States. You shall comply with all such laws and regulations, and agree not to use, sell, lease, ship or transport any Brandt product in any manner that is inconsistent with such laws and regulations
You agree to indemnify, defend and hold Brandt (including its officers, representatives, directors, employees, consultants and agents) harmless, from any and all losses, expenses, third-party claims, liabilities, solicitors’ fees, damages and costs for claims arising from or related to your use of this Website, your use of any material, information or data downloaded or otherwise obtained from this Website, or your violation of this Policy, including your infringement of any intellectual property or other right of Brandt or any other person or entity. You acknowledge that a breach of any confidentiality or proprietary rights provision of this Policy may cause Brandt irreparable damage, for which the award of damages would not be adequate compensation. Consequently, Brandt may institute an action to enjoin you from any and all acts in violation of those provisions, which remedy shall be cumulative and not exclusive, and Brandt may seek the entry of an injunction enjoining any breach or threatened breach of those provisions, in addition to any other relief to which Brandt may be entitled at law or in equity.
You agree that this Policy and any other documentation, agreements, notices or communications between you and Brandt may be provided to you electronically, to the extent permissible by law. Please print a copy of all documentation, agreements, notices or other communications for your reference.