PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.
The following terms and conditions (together with any documents or additional terms, conditions or policies referred to herein or available by hyperlink) (collectively, the “Terms”) apply to your use of www.finnexreflectors.com, including any content, functionality, and services available on or through www.finnexreflectors.com (collectively, the “Site”). The Site is operated by Finnex Reflectors, a division of Finnex Agencies Ltd., a British Columbia limited liability company located at 5180 Still Creek Avenue, Burnaby, B.C., Canada, V5C 4E4. Throughout the Site, the terms “we”, “us” and “our” refer to Finnex Reflectors.
Your access to and use of the Site is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Site, including without limitation users who are browsers, vendors, customers, merchants, or contributors of content.
By accessing or using the Site, you accept and agree to be bound by these Terms. If you do not agree to all of these Terms, then you do not have permission to access or use the Site in any way.
Any new content, functionality, or services which are added to the current web store on www.finnexreflectors.com will also be subject to these Terms. We may, at our discretion, update, change, add or remove any part of these Terms at any time – please check these Terms periodically for changes. Your continued use of or access to the Site following the posting of any changes to the Terms constitutes acceptance of those changes.
Purchase and Payment
If you wish to purchase any product made available through the Site, you may be asked to supply certain information relevant to your purchase including, without limitation, your name, address, and credit card information. By entering any information on this Site, you represent and warrant that: (1) you are at least the age of majority in your province, territory, or state of residence, or you are the age of majority in your province, territory, or state of residence and you have given us your consent to allow any of your minor dependents to use this Site; (2) you have the legal right to use any credit card(s) or other payment method(s) in connection with any purchase; and (3) the information you provided is true, accurate, current and complete.
We may refuse or cancel your order at any time for any reason or for no reason at all.
We are not responsible for delays in delivery to you. When you place an order, we will ship it to the address you designated. For all purchases, risk of loss and title for goods purchased pass to you upon delivery of the goods to the carrier. You are responsible for filing any claims with carriers for damaged or lost shipments.
Billing and Account Information, Shipping, and Returns
We may refuse or limit any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. If we make a change to or cancel an order, we may attempt to notify you by contacting the email, billing address, or phone number provided at the time the order was made.
Retail and Wholesale
Please contact us to set up an account or to discuss retail and wholesale opportunities. Separate sales terms and conditions may apply.
Restrictions on use of Site and Purchased Products
You are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, territorial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We may block your use of our Site or any related website for violating any of the prohibited uses.
General Disclaimer and Limitation of Liability
Your use of the Site is at your sole risk. The Site is provided on an “as is, where is, as available” basis. We make no representations or warranties, either express or implied, of any kind with respect to the Site, its contents (including without limitation product descriptions and prices) or our services. We disclaim all warranties, express or implied, of any kind, including without limitation implied warranties of merchantability, fitness for a particular purpose, durability, title, non-infringement, and course of performance. You expressly acknowledge that there are no warranties or representations made regarding the content of the Site, including without limitation: its currency, accuracy, or completeness; its availability; its security; that defects will be corrected; or that the Site, any hyperlinked website, or the servers upon which they reside are free of viruses or other harmful components.
We do not guarantee, represent or warrant that your use of our Site will be uninterrupted, timely, secure or error-free. We may remove the Site for indefinite periods of time or take it down entirely, all without notice to you.
WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON ANY MATERIALS BY YOU OR ANY OTHER VISITOR TO THE SITE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS AND WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY ACTION OR DECISION TAKEN IN RELIANCE UPON THE INFORMATION CONTAINED ON THE SITE.
IN NO CASE WILL FINNEX REFLECTORS, FINNEX AGENCIES LTD., OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS AND LICENSORS, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, OUR SITE OR ANY OF OUR SERVICES OR PRODUCTS, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, EVEN IF ADVISED OF THEIR POSSIBILITY. IN PROVINCES, STATES, OR JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Products and Services
We develop and sell Finnex reflective accessories and NHL reflectors for use by consumers to increase the visibility of the wearer in the dark. We have made every effort to display as accurately as possible the colours and images of our products. We cannot and do not guarantee that your computer monitor’s display of any colour will be accurate.
We make every reasonable effort to accommodate your requests for items but cannot and do not guarantee the availability of certain products. We may change items without notice or offer new designs at any time as older items are discontinued. Please check Reflective Accessories and NHL Reflectors often to review our most current reflective accessories and NHL reflectors, respectively.
We may limit the sales of our products or services to any person, geographic region or jurisdiction, and we may exercise this right on a case-by-case basis. We may also limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We may discontinue any product at any time. Any offer for any product or service made on this Site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Site or services will be corrected.
Safety Information and Warning
Finnex Reflectors produces reflective accessories and NHL reflectors, which are wearable attachments that reflect light and are a proven and effective way of increasing visibility in the dark. Each reflector is visible up to a distance of 250 metres (820 feet), depending on weather conditions, car headlights, and how freely the reflector hangs from its attachment.
THE PURCHASER OF A REFLECTIVE PRODUCT SHOULD RECOGNIZE THAT THEIR USE IS NO GUARANTEE OF SAFETY. PLEASE BE ATTENTIVE ON THE ROADS AT ALL TIMES.
A PERSONAL SAFETY REFLECTOR IS NOT A TOY. IT IS INTENDED TO BE ATTACHED AS DIRECTED ON THE PACKAGING. MANY REFLECTORS INCLUDE AN ATTACHMENT COMPOSED OF SMALL PARTS, WHICH ARE A CHOKING HAZARD. THESE ARE NOT INTENDED FOR CHILDREN AGES THREE (3) YEARS AND UNDER.
The Site may contain links to third-party websites or services that are not owned or controlled by us. These links are provided for your convenience only. No endorsement of any third-party products, services or information is expressed or implied by any information, material or content of any third-party contained in, referred to, included on, or linked from or to the Site. Any information, data, opinions, recommendations, products or services provided by such third parties through links to other websites or otherwise made available through their websites are solely those of such third parties and not of us or our affiliates. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any harm or damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such third-party websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
User Comments, Feedback and Other Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and will be under no obligation to maintain any comments in confidence, pay compensation for any comments, or respond to any comments.
We may monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, violates another party’s intellectual property or these Terms, or is otherwise objectionable.
You agree that your comments will not violate any right of any third-party, including but not limited to copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and the accuracy of such comments. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Intellectual Property and Copyright Notice
All text, trademarks, logos, service marks, images, content, graphics and product designs, whether or not designated with “®” or “™”, are owned by us unless otherwise stated, are protected by Canadian copyright law and may not be reproduced or used in connection with any product or service without our prior written consent. Third-party copyrights and trademarks are the property of the third-party. You are only permitted to use the Site for purposes consistent with applicable laws and these Terms. Any unauthorized use of the Site or any of its contents – for example on your personal website, blog, social network, or any other online resource – is a breach of these Terms and may violate copyright, trademark and other laws.
Any and all content (including user and visitor generated content) submitted via email, comment forms, or any other page hosted at www.finnexreflectors.com or its content aggregation systems, becomes the property of www.finnexreflectors.com. We may alter, remove, re-post, re-purpose, market, or trade any such content.
By using the Site you acknowledge that Finnex Reflectors or Finnex Agencies Ltd. are the sole owners of the Site and all intellectual property rights therein.
You agree to indemnify, defend and hold harmless Finnex Reflectors and Finnex Agencies Ltd., and each of their directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers and licensors, to the greatest extent allowed by law, from and against any and all claims, damages, obligations, losses, liabilities, judgements, awards, costs or debt, and expenses (including but not limited to reasonable attorneys’ fees), resulting from or arising out of: (a) your use of and access to the Site and any material obtained from it; (b) breach of these Terms or the terms of any documents or websites they incorporate by reference; or (c) your violation of any law or the rights of any third-party.
We may, at our sole discretion, terminate or suspend your account with us and bar access to the Site immediately, without prior notice or liability, for any reason whatsoever, including without limitation for a breach of the Terms.
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our services, or by discontinuing use of the Site.
All provisions of the Terms which by their nature should survive termination will survive termination, including without limitation intellectual property provisions, warranty disclaimers, indemnity, and limitations of liability.
These Terms and any separate agreements whereby we provide services to you will be governed by and construed in accordance with the laws of British Columbia, Canada and the federal laws of Canada applicable therein, without regard to its conflict of law provisions.
Waiver and Severability
Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain and continue in full force and effect.
These Terms constitute the entire agreement between you and us and govern your use of the Site, and supersede and replace any prior agreements we might have had between us regarding the Site, including but not limited to any prior versions of these Terms.
Changes to Terms
We may, at our sole discretion, modify or replace these Terms at any time, including without limitation any information, names, text, software, images, pictures, logos, trade-marks, functionalities, products and associated services and any other material displayed on, offered through or contained on the Site from time to time.
Your continued access to or use of our Site after any revisions will mean that you accept and agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Site and should refrain from doing so.
If you have questions about these Terms, please send them to email@example.com.
A division of Finnex Agencies Ltd.
Last updated: July 2017