General Terms and Conditions

Please read these Terms of Use carefully before using this website (“Site”).

 

This Site is provided to you by Habitat for Humanity Canada (“Habitat”). Your access to and use of this Site is subject to these Terms of Use and all applicable laws. By accessing and using this Site you (“you”) agree to be bound by these Terms of Use whether or not you have read them. If you do not agree to these Terms of Use, do not access or use this Site. Habitat may at its sole discretion modify these Terms and of Use at any time and such modifications will be effective immediately upon being posted on this Site. Please check these Terms of Use periodically for any modifications. If you do not agree to any modifications of these Terms of Use, you must immediately stop using this Site. Your continued use of this Site following posting of the modifications will indicate your acceptance of these modified Terms of Use.

 

  1. The Site

 

Your use of this Site will be in compliance with all applicable laws and regulations. The information, functionalities, products, services and other materials displayed on, offered through or contained on this Site are provided for your convenience only and may be modified, removed or made unavailable at any time. Habitat may at any time and at its sole discretion restrict or terminate your right to use this Site.

 

  1. Privacy

 

Habitat’s personal information practices on this Site are governed by Habitat’s privacy policy available at www.habitat.ca. Please review this privacy policy and print a copy for your records. This Site does not intend to target or collect personal information from individuals under the age of majority. Messages submitted to this Site by electronic mail or otherwise are, and will be treated as, non-confidential and non-proprietary.

 

  1. Links

 

This Site may contain links or references to third party websites. These links are provided for your convenience only. No endorsement of any third party products, services or information is expressed or implied by the provision of any such links. Your use of third party websites is subject to the terms and conditions of use and the privacy policies of such websites.

 

  1. Intellectual Property

 

The materials displayed on or contained within this Site including, without limitation all software, design, text, editorial materials, informational text, photographs, illustrations, images, audio clips, video clips, short features, tools, artwork and other graphic materials, and names, logos, trade-marks and service marks (the “Habitat Materials”), are the property of Habitat or its licensors and are protected by copyright, trade-mark and other intellectual property laws.

 

Habitat hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display the Habitat Materials for non-commercial and personal use only, provided that you maintain all copyright and other notices contained in such Habitat Materials. You agree not to produce, reproduce, modify, publish, create derivative works from, display, perform, translate, distribute, adapt, broadcast, communicate to the public by telecommunication or circulate any Habitat Materials to any third party (including, without limitation, the display and distribution of Habitat Materials via a third party website) without the express prior written consent of Habitat. Unless expressly permitted herein, any use of Habitat Materials is only permitted with the express written permission of Habitat and/or its licensors. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Habitat Materials.

 

  1. Disclaimer of Warranties

 

THIS SITE, ITS CONTENTS, THE HABITAT MATERIALS, AND ANY FUNCTIONALITIES, PRODUCTS AND SERVICES OFFERED OR CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” BASIS AND ON AN “AS AVAILABLE” BASIS. HABITAT MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, LEGAL OR IMPLIED, ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, WITH RESPECT TO THIS SITE, ITS CONTENTS, THE HABITAT MATERIALS OR SUCH FUNCTIONALITIES, PRODUCTS AND SERVICES OFFERED OR CONTAINED HEREIN, AND DISCLAIMS ALL SUCH REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS, INCLUDING WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS OF MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ERROR-FREE OR UNINTERRUPTED SERVICE, ACCURACY, AVAILABILITY, RELIABILITY, SECURITY, CURRENCY AND COMPLETENESS. HABITAT DOES NOT PROVIDE ANY REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. ALL REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS.

 

  1. Limitation of Liability

 

IN NO EVENT SHALL HABITAT OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, MANDATARIES OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR AGGRAVATED DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF DATA, GOODWILL, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND THIRD PARTY CLAIMS) OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH: THIS SITE; ANY HABITAT MATERIALS; ANY PRODUCTS, FUNCTIONALITIES OR SERVICES OFFERED OR CONTAINED IN THIS SITE; OR FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, OR INABILITY TO USE THIS SITE WHETHER OR NOT ARISING FROM BREACH OF CONTRACT, TORT, CIVIL LIABILITY OR OTHERWISE AND EVEN IF HABITAT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

 

  1. Indemnification

 

You agree to indemnify and hold harmless Habitat and its directors, officers, employees, agents, mandataries or other representatives from and against all claims, liability, damages and expenses, including without limitation all legal fees and costs arising from or relating to your breach of these Terms of Use and your use of this Site.

 

  1. Governing Law

 

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the Province of Ontario, with the exception of residents of Quebec, in which case these Terms of Use shall be governed by, construed and enforced in accordance with the laws of the province of Quebec, and in each case the laws of Canada applicable therein. The parties irrevocably attorn to the jurisdiction of the courts of the Province of Ontario or, for residents of Quebec, to the courts in the District of Montreal, Province of Quebec.

 

  1. General

 

These Terms of Use constitute the entire agreement between you and Habitat with respect to your use of this Site and supersede all previous agreements, understandings and representations relating thereto. No failure by Habitat or you to exercise (in whole or in part) any rights, powers or remedies hereunder or its delay to do so shall constitute a waiver of these rights, powers or remedies. If any provision of these Terms of Use or part thereof is or becomes illegal, invalid or unenforceable in any jurisdiction, the illegality, invalidity or unenforceability of that provision will not affect the legality, validity or enforceability of the remainder of the provision or the remaining provisions of these Terms of Use, as the case may be, or the legality, validity or enforceability of that provision or part thereof in any other jurisdiction. It is the express wish of the parties that these Terms of Use and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que tous les documents y afférents soient rédigés en anglais. Sections 4, 5, 6, 7, 8 and 9 shall survive the termination of your right to use this Site.

 

  1. Information Posted on the Site

 

The information and materials on the Site (the "Materials") are provided for your review in accordance with the Terms. Habitat ReStore GTA cannot and does not guarantee the accuracy or completeness of the Materials, including, without limitation, prices, product images, specifications, dimensions, availability, and services. The Materials may contain technical inaccuracies and typographical errors and Habitat ReStore GTA reserves the right to limit quantities and to correct errors or omissions prior to processing a purchase request. Habitat ReStore GTA is not responsible and shall not be liable to you or anyone else for reliance upon the pricing or product information contained on the Site. Without limiting the generality of any other terms and conditions regarding the supply of products and services, Habitat does not accept liability for any errors or omissions which may be found on the Site or for unavailability of any product. The information on this website is based on the data available when this website was developed and is the best we were able to obtain overall. Despite the care taken, errors may have occurred. We reserves the right to cancel an online order at any time without notice. Habitat ReStore GTA attempts to provide an accurate description of the products available for sale, but does not warrant the accuracy, completeness, reliability or currency of such descriptions.

The prices displayed on this Site are quoted in CDN dollars and are valid and effective only within Canada, and such prices do not include shipping (unless otherwise indicated), if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges that may apply to your order.

While our goal is an error-free site, we do not guarantee that any content is 100% accurate or complete, including product specifications. If we discover price errors, they will be corrected on our systems, and the corrected price will apply to your order. Habitat ReStore GTA reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted and accepted).

 

 

  1. Orders

 

All billing and registration information provided by you must be accurate, complete, and correct. Submitting inaccurate, incomplete, or incorrect information constitutes a breach of the Terms. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the items, products, and/or services that you have requested.

Notice to Credit and Debit Card and PayPal Users: By submitting your order, (i) an authorization for your transaction will be placed and maintained on the credit or debit card or Pay Pal account (“Card”) and upon completion of your transaction, the total transaction amount will be settled against the authorization in accordance with your banking institution’s policies, and (ii) you authorize Habitat ReStore GTA to charge the Card all amounts owed under the transaction.

Habitat ReStore GTA, at their sole discretion, to refuse service and to terminate accounts if Habitat ReStore GTA believes in its sole discretion that customer conducts violates applicable law, the Terms, or the Privacy and Security Statement.

An order acknowledgement via email is automatically generated and the receipt of such an acknowledgement does not guarantee the acceptance of an order. Habitat ReStore GTA reserves the right to cancel an order at any time.

While we use our best efforts to fulfill all orders, Habitat ReStore GTA cannot guarantee the availability of any particular product displayed on Site and reserves the right to discontinue the sale of any product listed on this Site at any time without notice.

Habitat ReStore GTA reserves the right to abide by the return policy which may be updated on this Site at any time without notice.

Last Updated January 13, 2020