Terms and Conditions of Sale
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH PIONEERING TECHNOLOGY CORP., OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
Pioneering Technology Corp. (referred to as “us”, “we”, “our” or “PTC” as the context may require) provides website features and other products and services to you when you visit or shop at pioneeringtech.com (the “Site”) or use PTC products or services (each individually a “PTC Item” and collectively referred to as “PTC Items”). PTC provides the PTC Items subject to the following conditions.
By using PTC Items, you agree to these conditions. Please read them carefully.
2) ELECTRONIC COMMUNICATIONS
When you use PTC Items, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other PTC Items, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any PTC Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of PTC or its content suppliers and protected by Canadian and international copyright laws. The compilation of all content included in or made available through any PTC Items is the exclusive property of PTC and protected by Canadian and international copyright laws.
Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any PTC Items are trademarks or trade dress of PTC in Canada and other countries. Unless otherwise authorized in writing by PTC, PTC’s trademarks and trade dress may not be used in connection with any product or service that is not PTC’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits PTC. You shall not remove from the PTC Items or their packaging or documentation, or alter, any of the trademarks, trade names, logos, patent or copyright notices, or other notices or markings, or add any other notices or markings to the PTC Items or their packaging or documentation, without the prior express written consent of PTC. All other trademarks not owned by PTC that appear in any PTC Items are the property of their respective owners.
One or more patents owned by PTC apply to the PTC Items and to the features and services accessible via the PTC Items. Portions of the PTC Items operate under license of one or more patents.
6) USE OF INTELLECTUAL PROPERTY
The copyrights, trademarks and patents described above represent a part of PTC’s intellectual property (the “Intellectual Property”). For purposes of acquiring and using PTC Items in accordance with these Terms and Conditions, PTC grants you a revocable, non-exclusive, non-transferable, non-sublicensable license to the Intellectual Property under the following conditions:
You may not modify, copy, publish, display, transmit, adapt or in any way exploit the Intellectual Property. You may not publish, display or commercially exploit any Intellectual Property without the prior written consent of PTC and all other entities with an interest in the relevant Intellectual Property.
To seek PTC’s permission, you may email us at firstname.lastname@example.org.
Even if permission is granted by PTC and by all other entities with an interest in the relevant Intellectual Property, you may not change or delete any author attribution, trademark, legend or copyright notice.
7) YOUR ACCOUNT
You may need your own PTC account to use certain PTC Items, and you may be required to be logged in to the account and have a valid payment method associated with it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. PTC reserves the right to refuse service, terminate accounts, terminate your rights to use PTC Items, remove or edit content, or cancel orders in its sole discretion.
8) ORDER ACCEPTANCE AND CANCELLATION
You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between PTC and you will not take place unless and until you have received your order confirmation email. You have the option to cancel your order at any time before we have sent your order confirmation email by calling our Customer Service Department at: 1-800-433-6026.
We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
10) RISK OF LOSS
All purchases of physical items from PTC are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
11) RETURNS, REFUNDS AND TITLE
You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection. PTC does not take title to returned items until the item arrives at our fulfilment centre. In the United States, this centre is located at M&M Forwarding, 600 Main Street, Tonawanda, New York, 14150. In Canada, the centre is located at Pioneering Technology Corp., 2400 Skymark Ave Unit 7, Mississauga Ontario L4W 5K5. PTC permits the return of some PTC Items for any reason within fifteen days of purchase for your original purchase price, beginning on the date the PTC Item was shipped unless PTC deems a different date is a more appropriate starting date. PTC reserves the right to charge a 20% restocking fee on any returned PTC Item. All PTC Items being returned must be in as-new condition and be returned in the original packaging complete with all components. PTC will not refund shipping fees. If you qualified for free shipping and your return drops the total order below the minimum, PTC will charge the standard shipping fee. At PTC’s discretion, a refund may be issued without requiring a return. In this situation, PTC will not take title to the refunded item.
PTC Items that arrive to you damaged or PTC Items wrongly-shipped will be exchanged at no cost, provided that PTC is notified within 48 hours upon receipt of damaged or wrongly-shipped merchandise. PTC will send you a replacement along with a pre-paid shipping package to return the damaged or wrongly shipped PTC Item to PTC. If the PTC Items arrive damaged or PTC Items are wrongly-shipped, and you choose not to have the PTC Items replaced, then the restocking fees described above will apply.
Refunds are processed within approximately 7-10 business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.
12) PTC DESCRIPTIONS
PTC attempts to be as accurate as possible. However, PTC does not warrant that product descriptions or other content of any PTC Item is accurate, complete, reliable, current, or error-free. If a product offered by PTC itself is not as described, your sole remedy is to return it in unused condition.
(a) All prices are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
(b) Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. Payment may be made via PayPal. We also accept Visa and Mastercard for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any. We generally do not charge your credit card until after your order has been received and accepted by us and has entered the shipping process or, for digital products, until we make the digital product available to you.
14) LIMITED WARRANTY
The PTC Items and all information, content, materials, products and other services included on or otherwise made available to you through the PTC Items are provided by PTC on an “as is” and “as available” basis, unless otherwise specified in writing.
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
WE WARRANT THAT FOR A PERIOD OF ONE YEAR FROM DATE OF PURCHASE THE PTC ITEMS PURCHASED FROM THE SITE WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP WHEN OPERATED AND MAINTAINED ACCORDING TO THE INSTRUCTIONS PROVIDED FOR RESIDENTIAL USE. THIS LIMITED WARRANTY DOES NOT COVER DAMAGE RESULTING FROM COMMERCIAL USE, MISUSE, ACCIDENT, MODIFICATION OR ALTERATION TO HARDWARE OR SOFTWARE, TAMPERING, UNSUITABLE PHYSICAL OR OPERATING ENVIRONMENT BEYOND PTC ITEM SPECIFICATIONS, OR IMPROPER MAINTENANCE. THERE IS NO WARRANTY OF UNINTERRUPTED OR ERROR-FREE OPERATION. PROOF OF PURCHASE IS REQUIRED TO ESTABLISH DATE OF PURCHASE FOR THE PURPOSES OF EVALUATING IF THE PTC ITEM REMAINS IN WARRANTY.
WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THIS LIMITED WARRANTY.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR, REPLACEMENT OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. OUR RESPONSIBILITY FOR DEFECTIVE SERVICES IS LIMITED TO REPAIR, RE-PERFORMANCE OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR SUPPLIERS, AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.
(a) Who May Use This Warranty?
This limited warranty extends only to the original purchaser of PTC Items from the Site, PTC directly or a PTC authorized distributor. It does not extend to any subsequent or other owner or transferee of the product or any transferee or other beneficiary of the service.
(b) What Does This Warranty Cover?
This limited warranty covers during the Warranty Period (as defined below) defects in materials and workmanship in products and services purchased from the Site.
(c) What Does This Warranty Not Cover?
This limited warranty does not cover any damages due to:
(iii) improper use;
(iv) failure to follow the product instructions or to perform any preventive maintenance;
(vi) combination or use with any products, materials, processes, systems or other matter not provided or authorized in writing by PTC;
(vii) unauthorized repair;
(viii) normal wear and tear; or
(ix) external causes such as accidents, abuse, or other actions or events beyond our reasonable control.
(d) What is the Period of Coverage?
This limited warranty starts on the date of your purchase and lasts for one year the “Warranty Period”. The Warranty Period is not extended if we repair or replace a warranted product or re-perform a warranted service. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.
(e) What Are Your Remedies Under This Warranty?
With respect to any defective PTC Items during the Warranty Period, we will, in our sole discretion, either: (i) repair or replace such products (or the defective part) free of charge or (ii) refund the purchase price of such PTC Items. We will also pay for shipping and handling fees to return the repaired or replacement product to you if we elect to repair or replace the defective products.
(f) How Do You Obtain Warranty Service?
To obtain warranty service, you must call 1-800-433-6026 or email our Customer Service Department at: email@example.com during the Warranty Period.
When item is damaged on receipt:
Customer to contact PTC within 48 hours of receiving item
PTC will request proof of purchase and product serial number
PTC to send replacement product
PTC may also send prepaid return label for return of damaged item.
When item is defective (up to one year from date of purchase):
Customer to contact PTC
PTC will request proof of purchase and product serial number
PTC to send replacement product
PTC may also send prepaid return label for return of defective item.
15) LIMITATION OF LIABILITY
THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT OR SERVICE THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
16) FORCE MAJEURE
PTC will not be liable for any non-performance of a contract if such delay or non-performance is due to any cause beyond the reasonable control of PTC and/or which PTC could not reasonably foresee and/or reasonably provide against and which prevents PTC form carrying out the terms of the contract. This includes but is not limited to the following: war, revolution, insurrection or hostilities (whether declared or not), riot, civil commotion or uprising, flood, earthquake, tempest, hurricane, lightning, or other natural disaster; fire or explosion; strike, lockout or other industrial disturbance whether at PTC or one of its suppliers; sabotage, accident, embargo, car shortage, wrecks, or delays in transportation, non-delivery of materials or order or action of government authority. Any delay resulting from such cause shall extend the date of delivery accordingly. PTC reserves the right to cancel the contract, if in its opinion such circumstances threaten or cause extended delay in the performance thereof.
17) RELATED MATERIALS
These terms and conditions apply only to PTC Items, and not to any third party related material from any other person, including those to which any of our PTC Items or Intellectual Property may link.
18) ASSIGNMENT & WAIVER
You may not assign any of your rights and obligations under these Terms and Conditions with or without PTC’s prior written consent. PTC may assign its rights and obligations under these Terms and Conditions without your consent. No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under these Terms and Conditions will be:
deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party; or
effective unless in writing and signed by all parties.
19) DISPUTE RESOLUTION AND BINDING ARBITRATION
YOU AND PTC ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY; PROVIDED, HOWEVER, WE BOTH AGREE THAT YOU OR WE MAY BRING SUIT IN COURT TO SEEK SPECIFIC PERFORMANCE SUCH AS IN CONNECTION WITH SEEKING TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY.
NEITHER YOU NOR PTC WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
Any arbitration will be resolved by the ADR Chambers under the ADR Chambers Arbitration Rules. The place of the arbitration will be Toronto, Ontario, Canada.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Terms and Conditions as a court would.
You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
20) APPLICABLE LAW
By using any PTC Service, you agree that laws of the Province of Ontario and the federal laws applicable therein, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and PTC.
21) NO THIRD-PARTY BENEFICIARIES
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
(a) To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
(b) To Us. To give us notice under these Terms, you must contact us as follows: (i) by facsimile transmission to (905) 712-3833; or (ii) by personal delivery, overnight courier or registered or certified mail to Pioneering Technology Corp., 2400 Skymark Avenue, Mississauga, Ontario, Canada L4W 5K5. We may update the facsimile number or address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.