YOU MUST READ AND ACCEPT THE FOLLOWING IMPORTANT TERMS BEFORE USING OUR WEBSITE OR SERVICES OR PURCHASING PRODUCTS OR SERVICES FROM OUR WEBSITE.
- Welcome to Switch-on.ca (the “Site”). This Site is owned and operated by SwitchON LED Ltd. (the “SwitchOn LED”, “us”, “we”, “our”). These terms and conditions (“Terms”) govern your use and access of the Site and explain how you may buy products from the Site. You must read the following Terms carefully before using or accessing the Site or buying any products. When using or accessing our Site or buying any products on our Site you agree to be bound by these Terms and the documents referred to in them. If you do not agree with or accept any of these Terms, you must leave our Site immediately and will not be allowed to buy any products unless we agree otherwise.
- IF YOU ARE USING OR ACCESSING OUR SITE ON BEHALF OF AN ENTITY, THEN YOU REPRESENT AND WARRANT THAT YOU: (I) ARE AN AUTHORIZED REPRESENTATIVE OR AGENT OF THAT ENTITY WITH THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS; AND (II) AGREE TO THESE TERMS ON BEHALF OF SUCH ENTITY. IN SUCH A CIRCUMSTANCE, THE WORDS “YOU” AND “YOUR” AS USED IN THESE TERMS WILL REFER TO AND APPLY TO BOTH THAT ENTITY AND YOU PERSONALLY.
- SwitchOn LED is registered in British Columbia and has a business address at 1104-980 Seymour street, Vancouver, BC, Canada.
- These Terms are only available in English. No other languages will apply to these Terms.
- We reserve the right in our sole discretion to revise and update these Terms from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Site. You agree to periodically review the terms and conditions in order to be aware of any such modifications and your continued use shall be your acceptance of these.
- To use certain areas of this Site, you must first complete the registration process to create an account (“Account“) and select and register a unique user name and password (collectively, “Credentials“). Your Account and Credentials are specific to you and may not be shared with or transferred to any other person. You are solely responsible for maintaining the confidentiality of your Credentials and you will be held responsible for any harm caused by disclosing or resulting from any unauthorized use of your Credentials. You will not permit any other person to use your Account or Credentials, and you will immediately notify SwitchOn LED if you know or suspect that your Account or Credentials have been used by any other person.
- During the registration process, you will provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form (such information being the “Registration Data“). You will also maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or complete, or SwitchOn LED has reasonable grounds to suspect that such information is untrue, inaccurate, not current or complete, SwitchOn LED has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof) by you. Individuals under 18 years of age cannot register on any portion of this Site.
- SwitchOn LED may act upon any communication that is given through your Account or by using your Credentials. SwitchOn LED is not required to verify the actual identity or authority of a person using your Account or Credentials, but SwitchOn LED may in its discretion at any time require verification of the identity of a person seeking to access your Account and may deny access to and use of your Account if SwitchOn LED is not satisfied with the verification. If SwitchOn LED, in its discretion, considers your Account or Credentials to be unsecure or to have been used inappropriately, then SwitchOn LED may immediately cancel the Account or Credentials without any notice to you. You may be required to change your Credentials from time to time.
4-USE OF THE SITE
- SwitchOn LED authorizes you to view, download and print a single copy of materials and content provided on this Site for your personal, non-commercial use only and only in connection with your registering with SwitchOn LED. You may not remove any trade-mark, copyright or other proprietary notices from such copy nor modify the material or content in any way. Except as otherwise set out in these Terms, any copying or reproduction of this Site’s materials or content, in whole or in part, for commercial purposes or distribution, re-transmission, republication, modification, reverse engineering, sale or other exploitation of this Site or this Site’s materials or content without the prior written permission of SwitchOn LED is strictly prohibited. SwitchOn LED reserves the right to take such steps as it deems necessary, including legal action, to restrain such unauthorized and prohibited activity and SwitchOn LED reserves the right to suspend or terminate your access to any part of this Site immediately, without prior notice, at its sole discretion. You are solely and fully responsible for all consequences, however remote, resulting from your use of this Site.
5-TRADE-MARKS AND COPYRIGHT
- SwitchOn LED and related words and logos are trade-marks or trade-names of SwitchOn LED in Canada and other jurisdictions. SwitchOn LED is also the owner in Canada as well as other foreign jurisdictions of additional trade-marks, registered and unregistered. Nothing in these Terms or on this Site will be construed as granting or conferring, either expressly, by implication, by estoppel or otherwise, a licence or other right to you to use any such marks or names or any other intellectual property right of SwitchOn LED. The names of other companies, products and services referred to on this Site may be trade-marks or trade-names of their respective owners. Any unauthorized use of the trade-marks or trade-names of SwitchOn LED or of third parties is strictly prohibited.
- The materials provided on this Site including, without limitation, all portions of this Site, content, site design, text, graphics and the selection and arrangement thereof, are protected by copyright. All rights reserved. Title to the SwitchOn LED materials remains with SwitchOn LED and any unauthorized use of such materials is strictly prohibited. SwitchOn LED reserves the right to take such steps as it deems necessary, including legal action, to enforce its rights under trade-mark and copyright law.
6-USER GENERATED CONTENT
- Portions of this Site allow users to post and exchange information and content (such information and content, “User Content“), such as images, text, audio, and video, but SwitchOn LED does not screen, edit or review any User Content before it is posted or transmitted. Please note that posted or transmitted User Content does not necessarily reflect the views of SwitchOn LED, and SwitchOn LED disclaims all responsibility for any such User Content and for any losses or expenses resulting from their use or appearance on this Site.
- We value your visit to this Site and welcome any questions, comments or feedback you might have about this Site, these Terms or any of the products or services offered by SwitchOn LED (“Feedback“). Please refer to the Contact section of this Site for phone and fax numbers and email addresses. That said, the Website is not a secure means of communication and any information or content you supply to us will not be kept confidential. For that reason, you should not submit or send to us any patentable ideas or patent applications, advertising or marketing suggestions, know-how, trade secrets, prototypes or any information, written or oral, which you regard as confidential or commercially sensitive or valuable (collectively referred to as “Unwanted Submissions”). While we value your feedback, you agree not to submit any Unwanted Submissions. We shall not be subject to any obligation of confidentiality nor be liable for any use and/or disclosure of such submissions. You agree we are free to use your Unwanted Submissions as we see fit without any liability owed to you.
- If you provide User Content, Feedback, or Unwanted Submissions, you grant SwitchOn LED a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, and fully sub-licensable right to use, reproduce, publish, distribute, publicly display, publicly perform, translate, adapt, modify, telecommunicate, rent out, commercialize, monetize, and create derivative works from the User Content, Feedback, or Unwanted Submissions in any way and for any purpose without providing any compensation to you or any other person. You also grant Company the right to use the name you submit with the User Content or Feedback, if any, in connection with Company’s rights hereunder.
- You represent, warrant, and covenant to the Company that your User Content, Feedback, and Unwanted Submissions do not violate the privacy rights, intellectual property rights, or any other rights, of any person.
- Hyperlinks on this Site are provided for your convenience only. These links do not imply an endorsement of any linked sites or an affiliation with their owners or operators. SwitchOn LED has no control over the content of any linked site. Linked content is the sole responsibility of the owner or operator of the linked site
8-ACCEPTABLE USE AND RESTRICTIONS
- In addition to complying with these Terms, you agree to use this Site and materials on this Site for lawful purposes only and in a manner consistent with local, national or international laws and regulations. Some jurisdictions may have restrictions on the use of the Internet by their residents.
- Potential users of this Site or its products, in any jurisdiction of the world whose laws would: (i) void these Terms in whole or in any essential part (the essential parts being at least, but not only, the provisions relating to governing law, and limitation of liability); or (ii) render accessing this Site illegal; are not authorized to use this Site.
- You agree not use this Site, or the products sold on this Site in any manner that:
- infringes, violates or misappropriates the intellectual property rights of any third party;
- may be considered defamatory, discriminatory, fraudulent, or otherwise malicious or harmful to any person or entity;
- violates applicable law or would constitute a tort.
- You agree that you will not:
- reverse engineer, decompile, disassemble, copy, modify, or otherwise attempt to discover the source code or object code of the Site;
- scrape or data mine any data, information, User Content, conten, or materials made available on or through the Site;
- represent or suggest that we endorse any person, business, product, or service unless we have separately agreed to do so in writing; or
- remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Site or elements thereof including without limitation software code, content, or features that prevent or restrict use or copying of any content available through the Site.
9-ORDERING PRODUCTS FROM THE SITE
- If you are a a “consumer” as such term is defined in section 1(1) of the Business Practices and Consumer Protection Act (British Columbia) or similar applicable legislation, Schedule A below applies to any purchase you make on our Site. If you are not a consumer (e.g. a business), any purchases you make on the Site will be subject to a written contract provided to you by SwitchOn LED (“Purchase Contract”).
- You will defend, indemnify and hold harmless SwitchOn LED from and against any and all losses, damages, costs, expenses (including legal fees), claims, complaints, demands, actions, suits, proceedings, obligations and liabilities (including settlement payments) arising from, connected with or relating to your use of this Site, its content or materials, User Content, Feedback, or Unwanted Submissions, or your negligence, misconduct, or breach of these Terms. Notwithstanding the foregoing, SwitchOn LED retains the right to participate in the defense of and settlement negotiations relating to any third party claim, complaint, demand, action, suit or proceeding with counsel of its own selection at its cost and expense.
- You understand and agree that:
- Use of this Site is at your sole risk. This Site is provided on an “as is”, “as available” basis. Neither SwtichOn LED, or its parent, subsidiaries, affiliates, nor any of their respective employees, agents, officers, directors or third party service providers (collectively, “Company Parties”) make any warranty or condition of any kind, whether express or implied, regarding this Site and Company Parties specifically disclaim the implied warranties and conditions of merchantable quality, fitness for a particular purpose and non-infringement of third party rights, to the maximum extent permitted by law’
- Company Parties make no warranties or conditions regarding the quality, reliability, timeliness or security of the Site or that the Site will be uninterrupted or error-free. Company Parties assume no responsibility or liability for the deletion or failure to store or access, or to store or access properly, email messages and electronic files. You assume the entire risk in downloading or otherwise accessing any data, files or other materials obtained from third parties as part of the Site, even if you have paid for virus protection services;
- The access to and downloading of material from this Site is done at your own risk. SwitchOn LED makes reasonable efforts to ensure that this Site is virus-free, but Company SwitchOn LED does not at any time guarantee or warrant that such materials are free of viruses, worms, Trojan horses or other destructive code. You are responsible for implementing safeguards to protect your computer system and data and you are responsible for the entire cost of any service, repairs or corrections necessary as a result of the use of this Site;
- Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up to date. Your use of the Site is at your own risk; and
- This Site may include content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third party content, other than the content provided by SwitchOn LED, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of SwitchOn LED. SwitchOn LED is not responsible, or liable to you or any third party, for the content or accuracy of any third party materials.
12-LIMITATION OF LIABILITY
- To the maximum extent allowable at law, in no event will company parties be liable to you for any direct, indirect, consequential, incidental, special, compensatory or punitive damages or losses or damages for loss of income, loss of business profits, business interruption, loss of data or business information, loss of or damage to property and claims of third parties or other pecuniary loss, arising out of or related to these terms, the use of this Site. Company parties will not be liable for any actual or alleged infringement by any third party materials available through the Site. In no event will the cumulative liability of company parties arising out of or related to these terms exceed the amount paid by you in the one month immediately prior to any claim. To the extent that some jurisdictions do not allow exclusions or limitations on some categories of damages, these exclusions or limitations may not apply to you.
- The foregoing disclaimers and limitations of liability apply regardless of the causes, circumstances or form of action giving rise to the loss, damage, claim or liability, even if such loss, damage, claim or liability is based upon breach of contract (including, without limitation, a claim of fundamental breach or breach of a fundamental term), tort (including, without limitation, negligence), strict liability or any other legal or equitable theory, and even if advised of the possibility of the loss, damage, delay, claim or liability.
- You acknowledge and agree that these Terms present a fair allocation of risk and liability, and that this Section 12 is an essential part of the bargain between the you and SwitchOn LED, a controlling factor in setting any fees or other charges, and an inducement to us and you to enter into these Terms.
- The relationship between SwitchOn LED and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of these Terms or this Site.
- These Terms and the subject matter of these Terms and all related matters will be governed by, and construed in accordance with, the laws of the Province of British Columbia, Canada and the laws of Canada applicable in British Columbia, excluding any laws that implement the United Nations Convention on Contracts for the International Sale of Goods or the United States Uniform Commercial Code, and excluding any rules of private international law or the conflict of laws that would lead to the application of any other laws.
- If any term or provision of these Terms is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction
- The parties acknowledge that they have required that the Terms and all related documents be prepared in English. Les parties reconnaissent avoir exigé que les présentes modalités de vente et tous les documents connexes soient rédigés en anglais.
- We value your visit to this Site and welcome any questions or comments you might have about this Site, these Terms, or any of the products or services offered by Company. Please refer to the Contact section of this Site for phone, email addresses and other ways to contact us.
This Schedule A applies only to “consumer” (as such term is defined in section 1(1) of the Business Practices and Consumer Protection Act (British Columbia) or similar applicable legislation) purchases of goods and services (“Products”) from SwitchOnLED via the Site. Without limiting the generality of the foregoing, this Schedule A does not apply to business related purchases.
When you buy products from us under these Terms you have legal rights. Nothing in these Terms prejudices any mandatory statutory requirement.
If you have questions about these Terms, please contact our customer service department at +1 (226) 778-2208 or by email: firstname.lastname@example.org.
- The steps required to create the purchase and sale contract between you and us (the “Contract”) are as follows:
- You place an order on the Site by:
- Selecting the Products you would like to order from our online catalogue and clicking “Add to Cart” (or equivalent);
- Clicking on the cart icon, confirming your selections, and clicking “Proceed to Checkout” (or equivalent);
- Providing us your shipping address;
- Selecting your shipping method;
- Selecting your payment method and providing payment information;
- Reviewing your order summary; and
- Clicking “place your order” (or equivalent) to complete the purchase.
- When your order is placed with us at the end of the online checkout process, we will e-mail you to acknowledge that we have received your This order acknowledgement does not, however, mean that your order has been accepted by us.
- We may send you an e-mail to say that we do not accept your This is typically for the following reasons:
- the Products are not available;
- we cannot obtain authorization of your payment;
- you are not permitted to purchase the Products;
- there has been an error by us on the pricing or description of the Products;
- We will only accept your order when we send you an e-mail that confirms this (“Confirmation E-mail”). At this point, a legally binding contract will be in place between you and us and at this point we will dispatch the Products to you.
- When you order Products from the Site, Specific Terms or Additional Terms or both may apply as follows:
- Certain Products that we sell may have specific terms and conditions that apply to it which are set out on the relevant webpage (“Specific Terms”).
- We may also add to or replace these terms and conditions with additional terms and conditions (“Additional Terms”). This may happen, for example, for security, legal or regulatory reasons. We will e-mail you to let you know if we intend to do this by giving you sixty days’ notice. You may end the Contract at any time by giving one month’s notice if we tell you that Additional Terms will apply to the
- When placing an order on the Site, you should take care to ensure that all of the information that you provide to us is correct although we appreciate that from time to time errors might be made. Therefore, please ensure that you take enough time to read and check your order before submitting it to us. If you need to correct any errors you can do so before submitting it to
- If you are less than 18 years old you may not purchase any Products from the Site. Certain Products on the Site may not be purchased by or for any person who does not comply with any legal age requirement for the Products in question. If you do not comply with the legal age requirement for the Products in question you must not try to purchase such Products.
- While we try to ensure that:
- all weights, sizes and measurements set out on the Site are as accurate as possible there may be a tolerance of up to 1% in such weights, sizes and measurements;
- the colours of ourProducts are as accurately displayed as possible on the The actual colours that you see on your computer may vary depending on the monitor that you use.
- Although we take care to ensure our advertising is accurate, mistakes may occur. If a mistake is noticed by us, we will correct it as soon as possible and will notify you if you are affected. If the mistake affects your order, we may cancel your order prior to shipping the Product.
- Price and availability information is subject to change without notice to you.
- Orders of Products from our Site are subject to availability of stock.
- We reserve the right to limit quantities in your orders.
- You agree that SwitchOnLED is not liable for any loss of trade or profit to you as a result of a delay in delivery or delivery of faulty or incorrect goods.
- The Contract is not enforceable by third parties.
- Nature of the products and faulty products
- The law gives you certain legal rights if any of our Products are faulty. You have rights relating to refunds and to have such Products repaired or replaced if realistically possible. Nothing in these Terms affects these legal rights.
- The packaging of the Products may vary from that shown on the
- If we experience difficulties in supplying certain Products we may need to substitute them with alternative Products of equal or better standard and value. We will try to e-mail you to let you know if we intend to do this but this may not always be possible. You may refuse to accept such substitutes, in which case we will offer you a refund or a replacement and let you know how long such an offer remains open for.
- The estimated date for delivery of the Products will be set out in the Confirmation E-mail. If something happens which is outside of our control and which affects the estimated date of delivery, we will provide you with a revised estimated date for delivery of the Products. Unless you and we agree otherwise, if we cannot deliver your Products within 30 days of the Confirmation E-mail, we will e-mail you to let you know and we will cancel your
- Delivery of the Products will take place when we deliver them to the address that you gave to us. You will be responsible for the Products when delivery has taken place (including ensuring that you follow any instructions or manuals provided with the Products) and you will own the products when we receive payment in full for them and any respective delivery charges.
- Time is not of the essence for delivery of Products.
- SwitchOnLED’s liability for failure to deliver Products is limited to replacing such Products.
- If your Product was damaged in transit, to be eligible for a replacement product you must notify SwitchOnLED of the damage and return the damaged Product to SwitchOnLED within 30 days of the purchase date of such Product.
- You may pay for the products with the methods indicated on the payment page (the “Payment Method”).
- We will do all that we reasonably can to ensure that all of the information which you provide to us when paying for the products is secure by using an encrypted secure payment mechanism but in the absence of negligence on our part we will not be liable for any loss that you may suffer if a third party gains unauthorized access to any information that you provide to
- Your Payment Method will only be charged when the products are dispatched.
- All payments by credit card or debit card need to be authorized by the relevant card issuer. If your payment is not received by us and you have already received the products that you ordered from us, you must pay for such products within 30 days or must return them to us as soon as possible. You must keep the products in your possession, take reasonable care of them (including ensuring that you follow any instructions or manuals provided with the products) and not use them before you return them to us. If you do not pay for the products or do not return them to us in accordance with this clause:
- we may collect the products from you at yourWe will e-mail you to let you know if we intend to do this;
- we may also charge interest on any balance outstanding at the rate of 8% per annum. We will e-mail to let you know if we intend to do this.
- Nothing in this clause affects your legal rights to cancel the Contract during any statutorily required “cooling off” period.
- The price of the products sold on the Site will be the total price specified on the Site or in our current price list or catalogue, less any discounts agreed to in advance and in writing by SwitchOnLED, plus the applicable cost of delivery and applicable taxes. Prices are subject to change without notice.
- You may return Products to SwitchOnLED for a refund if all of the following conditions are satisfied:
- The returned Product is delivered to SwitchOnLED with the original receipt;
- The returned Product has not been damaged (unless you received the Product damaged);
- The returned Product is in its original packaging; and
- The returned Product is received by SwitchOnLED within 30 days of the purchase date of the returned Product.
- Following our receipt of the returned Product, we will notify you that we have received the Product and will inspect it. After inspecting the Product, we will promptly notify you of the status of your refund. If we approve your return, we will initiate a refund to your Payment Method, subject to reasonable processing time and depending on your Payment Method’s policies.
- You will be responsible for all shipping costs related to returning your Product, subject to applicable law. Shipping costs are non-refundable.
- Termination of the Contract
- If the Contract is terminated it will not affect our right to receive any money which you owe to us under the