Terms and Conditions
1. Introduction
This website (www.tempasure.com) is operated by Tempasure (“Tempasure ”, “us”, or “we”). The terms “we”, “us”, “our”, and the “Company” refer to Tempasure . The use of our website is subject to the following terms, as amended from time to time (the “Terms”). The Terms are to be read together by you with any terms, conditions or disclaimers provided in the pages of our website. In the event of a conflict between the Terms and any terms, conditions or disclaimers provided on our website, the Terms shall govern and control your rights. Please review the Terms carefully. The Terms exempt Tempasure and other persons from liability and contain other important provisions that you should read. The Terms apply to all users of our website, including without limitation, users who are browsers, customers, merchants, vendors and/or contributors of content.
Please see our Privacy Policy to learn about how we collect, use, and share personal information. The Privacy Policy is expressly incorporated by reference into these Terms. By using the website, you acknowledge and signify that you have read, understood, and agreed to be bound by our Privacy Policy.
If you access and use this website, you accept and agree (and any person you purport to represent accepts and agrees) to be bound by and comply with the Terms and our Privacy Policy. If you do not agree to the Terms and our Privacy Policy, you are not authorized to access our website, use any of our website’s services, or place an order on our website.
Each time you use the website, the text of the Terms, as it then reads, will govern your use. Accordingly, when you use the website, you should check the date of the Terms and review any changes since the last time you visited. You may not change, supplement, or amend the Terms in any manner. However, Tempasure may, in its sole discretion, change, supplement or amend the Terms as it relates to your future use of the website from time to time, for any reason, with reasonable notice and without liability to you or any other person.
2. Use of our Website
You agree to use our website for legitimate purposes and not for any illegal or unauthorized purpose, including without limitation, in violation of any intellectual property or privacy law. By agreeing to the Terms, you represent and warrant that you are at least the age of majority in your state or province of residence and are legally capable of entering into a binding contract. You agree to not use our website to conduct any activity that would constitute a civil or criminal offence or violate any law. You agree not to attempt to interfere with our website’s network or security features or to gain unauthorized access to our systems.
You agree to provide us with accurate personal information, such as your email address, mailing address and other contact details in order to complete your order or contact you as needed. You agree to promptly update your account and information. You authorize us to collect, use, and disclose your personal information in accordance with our Privacy Policy. You represent and warrant that you have the legal authority to agree to and accept the Terms on behalf of yourself and any person you purport to represent. For purposes of the Terms, “person” includes any type of incorporated or unincorporated entity, including your employer. It is solely your responsibility to determine whether your use of the website is lawful, and you must comply with all applicable laws.
The website may not be used for any purpose not expressly permitted by the Terms. In particular, except as expressly stated otherwise in the Terms, the website may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, or distributed in any way, in whole or in part, without the express prior written consent of us. You may not use any of the software that is used in the operation of the website except in the course of using the website. You may not reproduce, copy, duplicate, sell, or resell any part of the website (including the software used in the operation of the website) or access to the website.
3. General Conditions
We reserve the right to refuse service to anyone, at any time, for any reason. We reserve the right to make any modifications to the website, including terminating, changing, suspending or discontinuing any aspect of the website at any time, without notice. We may impose additional rules or limits on the use of our website. You agree to review the Terms regularly and your continued access or use of our website will mean that you agree to any changes.
You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of our website or for any service, content, feature or product offered through our website.
The content of the website does not constitute advice or recommendations. You should seek third party professional advice and recommendations before acting or omitting to act based upon any information provided on or though the website.
4. Inspection by Certified Technician Prior to Activation
YOU AGREE THAT YOU WILL NOT INSTALL OR ACTIVATE ANY PRODUCTS (INCLUDING APPLIANCES) PURCHASED FROM THE WEBSITE UNLESS SUCH PRODUCTS HAVE FIRST BEEN INSPECTED BY A CERTIFIED TECHNICIAN IN ACCORDANCE WITH ALL APPLICABLE LAWS.
5. Intellectual Property, Content, and Other Submissions
The website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) (collectively, “Tempasure ”), are owned by the Tempasure , its affiliates, licensors, or other providers of such material, and are protected by Canadian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Notwithstanding the above, you may print or download one or more copies of any purchase orders generated through the website, and one copy of any other HVAC Content on this website on any single device for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Systematic retrieval of data or other HVAC Content from this website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Tempasure is prohibited. No other permission is granted to you, and you must not print, reproduce, modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the content available on the website, in whole or in part.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the website in breach of these Terms, your right to use the website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the website or any content on the website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
Our name, our product and service names, our logo as seen on the website, and all related names, logos, product and service names, designs and slogans are trademarks of Tempasure or its affiliates, manufacturers or licensors. You must not use such marks without the prior written permission of us. Nothing appearing on the website shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any such marks displayed on the website. All other names, logos, product and service names, designs and slogans on this website are the trademarks of their respective owners.
You represent, warrant and covenant that your submissions to the website are not confidential or proprietary, and you grant the Company the worldwide, royalty free, perpetual, irrevocable, non-exclusive, transferrable and fully sublicensable right and licence to reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such submissions (in whole or in part), in any form, media, or technology now known or later developed. You also represent, warrant and covenant that you will only submit bona fide orders for products through the website. We cannot review all material before it is posted on the website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
We reserve the right to remove from the website any of your submissions at any time, with or without cause. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the website.
6. Prohibited Uses
You may use the website only for lawful purposes and in accordance with these Terms. You agree not to use the website:
In any way that violates any applicable federal, provincial, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from Canada or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To transmit, or procure the sending of, any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
To impersonate or attempt to impersonate Tempasure , a Tempasure employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the website, or which, as determined by us, may harm us or users of the website or expose them to liability.
Additionally, you agree not to:
Use the website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the website, including their ability to engage in real time activities through the website.
Use any robot, spider, or other automatic device, process, or means to access the website for any purpose, including monitoring, scanning or copying any of the material on the website.
Use any manual process to monitor, scan or copy any of the material on the website or for any other unauthorized purpose without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the website.
Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the website, the server on which the website is stored, or any server, computer, device, or database connected to the website.
Attack the website via a denial-of-service attack, a distributed denial-of-service attack, or other type of attack.
Otherwise attempt to interfere with the proper working of the website.
7. Monitoring and Enforcement; Termination
We have the right to:
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the website.
Terminate or suspend your access to all or part of the website for any or no reason, including without limitation, any violation of these Terms.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the website. YOU WAIVE AND HOLD HARMLESS CANADAHVAC AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM AND AGAINST ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY ANY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
8. Errors and Omissions; Reliance on Information Posted on Website
The information presented on or through the website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
We endeavour to provide current and accurate information on the website. Nevertheless, misprints or other errors may occur. Accordingly, we reserve the right to change the prices, fees and charges regarding the services available through the website at any time and from time to time without any notice or liability to you or any other person. We cannot guarantee that the products or services advertised on the website will be available when purchased or at any relevant time. We reserve the right at any time to reject, correct, cancel or terminate any order or shipping request, including if an order appears to be placed by a distributor or reseller. If you order products or services for which the fee was incorrectly displayed, we will provide you with an opportunity to cancel your request for such products or services. If you order products or services that are not available, we will notify you by email, and the purchase price you actually paid will be refunded to you. We reserve the right to refuse to accept any request for products or services, notwithstanding any course of dealing between us and you in the past.
Your online request for products or services delivered over the website constitutes your request to engage us to supply those products or services. Your request for products or services shall be deemed to be accepted only if and when we actually carry out your instructions. If you wish to cancel a request for products or services, you may request a cancellation by sending an email to us. However, we may not receive and process your cancellation request before we accept and process your request for products or services, in which case your cancellation request may not be effective.
Shipping dates and delivery dates are estimates based on a variety of factors and the information we have at the time of purchase. This information may change for reasons outside of our reasonable control, resulting in changes to shipping dates and/or delivery dates. We will notify you of material changes to shipment dates and delivery dates as soon as reasonably possible.
Although we have made efforts to ensure the colour and design of our products are displayed as accurately as possible on our website, we do not guarantee the accuracy of the colour or design of the products on our website.
9. Payment, Billing, and Returns
You agree to pay applicable charges (including applicable taxes) for purchases that you make from the Company. Certain persons may enjoy a tax exempt status. In those circumstances, please ensure you communicate with the Company to ensure your tax exempt status is properly recognized in our system.
Unless otherwise indicated, all prices displayed on the website are in Canadian dollars.
All prices displayed on the website are subject to change from time to time and without notice. We may limit the number of promotions for which you may be eligible in a given period. In addition, certain promotional offers and discounts may apply to first-time purchasers only. We will disclose your payment terms at the time you make purchases from the website.
You must select a payment method to pay us for any purchases you make from us. Every time you purchase a product or service, you reaffirm that (i) the Company or the Company’s authorized billing agent is authorized to charge your designated payment method; (ii) the Company may submit for payment charges incurred under your account; and (iii) you will be responsible for such charges, even if your account is cancelled or terminated. Recurring charges are billed in advance of service. You agree to provide us with accurate and complete billing information, including valid credit card or other payment method information, your name, address and telephone number, and to provide us with any changes in such information promptly after the change. You acknowledge that the agreement between you and your credit card issuer or financial institution governs your use of your credit card for payment of amounts owed to us, and that you must refer to such agreement to determine your rights and obligations as a holder of such card.
YOU AGREE THAT WE (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY BILLING AGENT WE USE) MAY CHARGE YOUR PAYMENT METHOD FOR ALL AMOUNTS DUE TO US WITHOUT ADDITIONAL NOTICE OR CONSENT UNLESS REQUIRED OTHERWISE BY LAW.
If you do not pay for 100% of the purchase price at the time of your order and instead opt for a monthly plan, you authorize us or Financeit to obtain a credit report on you from a credit reporting agency from time to time. Our monthly plans are amortized over 12 years and are on 5-year terms. For amounts of $5,000 to $19,999, the interest rate is 7.99% per annum (calculated daily). For amounts of $2500 to $4,999, the interest rate is 9.99% per annum (calculated daily).
You are responsible for all charges incurred under your account made by you or anyone who uses your account (including your children, family or friends). The Company may, in its discretion, post charges to your payment method individually or may aggregate your charges with other purchases you make on the website and apply those charges to your next billing cycle.
If, for any reason, the Company does not receive payment from your credit card or other payment method issuer, upon demand you agree to pay the overdue amount by other means acceptable to us. The Company reserves the right to accept other forms of payment, and if the Company elects to invoice you for services, you agree to pay to us the amount indicated in each invoice by the due date reflected on the invoice.
If you believe that a billing discrepancy has occurred, you must notify us within 60 days after the date on which such discrepancy first appeared on your credit card or other payment method account statement or invoice, as the case may be, or such amounts will be deemed to have been accepted by you. You agree to release us from any liability for any error or discrepancy that is reported to us after such period.
Your failure to pay according to the terms of these Terms shall entitle us, without prejudice to our other rights and remedies, to (i) charge interest on a daily basis from the original due date at the rate of the lesser of 18% per annum or the maximum amount permissible by law and/or (ii) suspend or terminate your subscription (if applicable) and/or access to our products and services. You shall reimburse us for all reasonable costs incurred by us in collecting past due amounts, including wire transfer fees, collection agency fees, reasonable legal fees and court costs. We may charge a fee for reinstatement of suspended or terminated accounts.
By making a purchase on our website, you acknowledge and signify that you have read, understood, and agree to be bound by our return and exchange policies which can be found at https://canadahvac.com/faqs/ and may be amended by us from time to time.
10. Disclaimer of Warranties
YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE, INCLUDING ALL THE MATERIALS, INFORMATION, FACILITIES AND OTHER CONTENT AVAILABLE ON THIS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, PERFORMANCE OR USEFULNESS.
NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY IS UNDER NO OBLIGATION TO VERIFY THE IDENTITY OF USERS OF THE WEBSITE. HOWEVER, YOU PROMISE NOT TO SHARE USE OF YOUR LOGIN NAME OR PASSWORD NOR TO ALLOW ANYONE TO USE THE WEBSITE POSING AS YOU.
YOU (AND NOT THE COMPANY OR ANY OTHER PARTY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO ANY COMPUTER, DEVICE, OR OTHER EQUIPMENT ARISING FROM, CONNECTED WITH, OR RELATING TO YOUR USE OF THE WEBSITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
11. Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, DIRECTORS, OFFICERS, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE, IN AN AGGREGATE AMOUNT THAT EXCEEDS THE GREATER OF (I) 100 CANADIAN DOLLARS; AND (II) THE AMOUNTS PAID TO THE COMPANY BY YOU IN THE 6-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR CAUSE OF ACTION.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
12. Indemnification and Release
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPANY, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, DIRECTORS, OFFICERS, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, JUDGMENTS, AWARDS, LOSSES, COSTS, EXPENSES, OR FEES (INCLUDING REASONABLE LEGAL FEES) ARISING OUT OF OR RELATING TO YOUR VIOLATION OF THESE TERMS, YOUR USE OF THE WEBSITE, OR THE USE OF THE WEBSITE BY SOMEONE POSING AS YOU, INCLUDING, BUT NOT LIMITED TO, USER CONTRIBUTIONS, ANY USE OF THE WEBSITE’S CONTENT, SERVICES, AND PRODUCTS OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TERMS OR YOUR USE OF ANY INFORMATION OBTAINED FROM THE WEBSITE.
YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE EACH OF THE COMPANY ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, DIRECTORS, OFFICERS, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE WEBSITE.
The exclusion of certain warranties and the limitation of certain liabilities is prohibited by legislation in some jurisdictions. Such legislative limitations may apply to you.
The disclaimer, liability exclusion, liability limitation, release, and indemnity provisions in these Terms shall survive indefinitely after termination of these Terms.
13. Entire Agreement
The Terms and any documents expressly referred to in them (including the Privacy Policy) represent the entire agreement between you and us in relation to the subject matter of the Terms and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. You acknowledge that, in entering into these Terms, you have not relied on any representation, undertaking or promise from us (whether express or implied), except as expressly stated in the Terms.
14. Waiver
No waiver of by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
15. Headings
Any headings and titles herein are for convenience only.
16. Severability
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.
16. Governing Law; Exclusive Jurisdiction; Arbitration
These Terms were drafted against the background of Ontario law and are to be interpreted in accordance with that law.
Except as otherwise set out herein, any claim or cause of action you may have arising from, connected with, or relating to the website, these Terms, or any related matters (collectively, “Related Claims”): (i) must be resolved before the Courts of Ontario sitting in the Town of Oakville, Ontario, Canada, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of any such dispute or matter; and (ii) must be commenced within six (6) months after the claim or cause of action arises, after which time the claim or cause of action is forever barred, regardless of any statute or law to the contrary. Notwithstanding any of the foregoing, at the Company’s sole discretion, the Company may require you to submit any Related Claims, including disputes arising from or concerning the Terms and their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration in Oakville, Ontario, Canada. The arbitration shall be private and confidential and there shall be no rights of appeal. The arbitration shall be heard by 1 arbitrator, and such arbitrator shall be chosen by the Company.
18. Questions or Concerns
Please send all questions, comments and feedback on these Terms to us at service@tempasure.com
