Terms of Service:
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Canada’s Security Store, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- Your canadassecuritystore.ca Account. If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not describe or assign keywords to your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Canada’s Security Store may change or remove any name or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Canada’s Security Store liability. You must immediately notify Canada’s Security Store of any unauthorized uses of your account or any other breaches of security. Canada’s Security Store will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. If you comment on a web page, post links in a comment, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your account is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your account is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your account’s URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Canada’s Security Store or otherwise.
By submitting Content to Canada’s Security Store, you grant Canada’s Security Store a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content. If you delete Content, Canada’s Security Store will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Canada’s Security Store has the right (though not the obligation) to, in Canada’s Security Store’s sole discretion (i) refuse or remove any content that, in Canada’s Security Store’s reasonable opinion, violates any Canada’s Security Store policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Canada’s Security Store’s sole discretion. Canada’s Security Store will have no obligation to provide a refund of any amounts previously paid.
- Payment and Renewal.
- General Terms.
By selecting a product or service, you agree to pay Canada’s Security Store the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.
- Automatic Renewal.
Unless you notify Canada’s Security Store before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your request to Canada’s Security Store in writing.
- General Terms.
- Responsibility of Website Visitors. Canada’s Security Store has not reviewed, and cannot review, all of the material, including computer software and external links, posted in the comments, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Canada’s Security Store does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content containing technical inaccuracies, typographical mistakes, and other errors. Any comment may contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Canada’s Security Store disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which canadassecuritystore.ca links, and that link to canadassecuritystore.ca. Canada’s Security Store does not have any control over those non-Canada’s Security Store websites and webpages, and is not responsible for their contents or their use. By linking to a non-Canada’s Security Store website or webpage, Canada’s Security Store does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Canada’s Security Store disclaims any responsibility for any harm resulting from your use of non-Canada’s Security Store websites and webpages.
- Copyright Infringement and DMCA Policy. As Canada’s Security Store asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by canadassecuritystore.ca violates your copyright, you are encouraged to notify Canada’s Security Store in accordance with Canada’s Security Store’s Digital Millennium Copyright Act (“DMCA”) Policy. Canada’s Security Store will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Canada’s Security Store will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Canada’s Security Store or others. In the case of such termination, Canada’s Security Store will have no obligation to provide a refund of any amounts previously paid to Canada’s Security Store.
- Intellectual Property. This Agreement does not transfer from Canada’s Security Store to you any Canada’s Security Store or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Canada’s Security Store. Canada’s Security Store, canadassecuritystore.ca, the canadassecuritystore.ca logo, and all other trademarks, service marks, graphics and logos used in connection with canadassecuritystore.ca, or the Website are trademarks or registered trademarks of Canada’s Security Store or Canada’s Security Store’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Canada’s Security Store or third-party trademarks.
- Advertisements. Canada’s Security Store reserves the right to display advertisements.
- Changes. Canada’s Security Store reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Canada’s Security Store may also, in the future, offer new services and/or features through the Website (including, the release of new products and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. Canada’s Security Store may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your canadassecuritystore.ca account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account of any kind, such account can only be terminated by Canada’s Security Store if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Canada’s Security Store’s notice to you thereof; provided that, Canada’s Security Store can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided “as is”. Canada’s Security Store and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Canada’s Security Store nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will Canada’s Security Store, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Canada’s Security Store under this agreement during the twelve (12) month period prior to the cause of action. Canada’s Security Store shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless Canada’s Security Store, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Installation. The Customer agrees to install any Equipment in accordance with the following conditions(i) The Customer agrees that Canada’s Security Store is not responsible for any damage caused by faulty installation of the Equipment, careless operation or handling, misuse, and/or lack of maintenance or use; (ii) The Customer understands that the installation of any equipment may necessitate drilling in to various parts of the Customer’s premises and that wiring may be exposed; (iii) the Customer agrees to provide sufficient electrical outlets at designated locations for Equipment requiring AC power; and (iv) the Customer warrants that the Customer has requested the Equipment and/or Services for his/her own use and not for the benefit of any third party, owns the premises in which the Equipment is being installed or that Customer has the authority to engage the in the installation of security equipment in the premises, and will comply with all laws, codes and regulations pertaining to the Equipment and/or Services that are the subject of this Agreement.
- Condition of Equipment. The Customer shall maintain the Equipment in good working order. If components of the Equipment are battery operated, the Customer will have to replace same according to the Security Provider’s or his/her representatives’ recommendations. The Customer accepts the full and entire responsibility for frequently verifying the operating condition of the Equipment.
- Acknowledgement of Protection. The Customer may choose the type of protection he/she requires (i.e. number of devices, equipment location, type of installation, etc.). The Customer acknowledges that he/she has chosen the type of protection for the premises to be protected.
- No Modification of Equipment. The Customer shall ensure that the premises monitored by the Equipment is well maintained and allow the Equipment to adequately operate. The Customer undertakes to not modify or replace the Equipment or any component thereof nor connect or have any other equipment connected to the equipment already in place that impedes the correct operation of the Equipment. The Customer undertakes to preserve the identification plates and any other markings on any Equipment. If the Customer moves, he/she remains entirely responsible for the equipment and for his contractual commitment.
- Additional Services and Equipment. Any service or equipment which the Security Provider may provide beyond the obligations set forth in this Agreement is optional on its part and will create no additional obligation on the Security Provider. The Customer undertakes to remunerate the Security Provider for any services or equipment required of the Security Provider and rendered or provided at the request of the Customer beyond the commitments set forth in this Agreement. Such remuneration will be mutually agreed to in advance by the Security Provider and the Customer.
- Remote Monitoring Services. The Equipment for Remote Monitoring Services includes a communicator that sends signals to the Monitoring Station over the Customer’s internet service. The Customer will pay for all internet charges including any installation or repair fee charged by the service provider to connect the system to the Customer’s internet service. If the Customer’s internet is out of order, placed on vacation status or otherwise not working, signals cannot be transmitted and the monitoring station may be unaware of the internet service problem. Additional equipment such as, but not limited to, a Cellular Module will be installed (if purchased) as needed in the Equipment during the modification to enable the Equipment to communicate to the Monitoring Station. The Customer acknowledges that the use of a cellular module requires a subscription fee. The Customer acknowledges that the use of internet can cause signals not to transmit in the event of a power or modem failure. If radio or cellular monitoring service is selected by the Customer, the Security Provider will utilize a radio frequency for transmitting alarm signals from the system to the Monitoring Station. The Customer acknowledges that the use of radio frequencies are controlled by the Canadian Radio-Television and Telecommunications Commission and local regulatory agencies and changes in rules, regulations and policies may necessitate discontinuing or modifying such transmission facilities. The Customer further acknowledges that radio frequency transmissions may be impaired or interrupted by atmospheric conditions, including electrical storms, power failures or other conditions and events beyond the Security Provider’s control. The Customer acknowledges that self monitoring does not guarantee the success of the signal arriving to the customer in a timely manner the use of internet can cause signals not to transmit in the event of a power or modem failure or software failure.
- Maintenance Services. The customer will be responsible for all costs of maintenance. The Warranty specifically excludes: (i) Equipment defects which are known to the Customer as of the date of this Agreement, unless these were disclosed to the Security Provider prior to the execution of this Agreement and the Customer has agreed in writing to include such defects in the Service coverage; (ii) Equipment defects resulting from fire, lightning, vandalism, a flood, negligence of the Customer, Force Majeure, abuse by the Customer, modifications to the Equipment which are contrary to standards or the Security Provider’s recommendations; (iii) defects caused by paint or materials used on coatings of external surfaces of the Equipment; (iv) interruption of the electrical supply to the Equipment; (v) defects resulting from alterations to the Equipment by persons not authorized by the Security Provider. Warranty will be provided by the Manufacturer’s Warranty and no other warranty is expressed or implied.
- Automatic Renewal. Any Equipment and/or Service supplied pursuant to this Agreement will be automatically renewed at its expiration on a month to month basis. The Customer can prevent the automatic renewal by delivering to the Security Provider a written notice at least 30 days prior to the renewal date or, if automatically renewed on a month to month basis, the end of the month on which the Customer wishes Service to terminate. However, the Customer must pay for any Service to the end of the month in which same is terminated.
- Default by Customer. Any failure by the Customer to pay when due the payments or other charges provided by this Agreement or breach of this Agreement by the Customer shall give the Security Provider the right to terminate this Agreement, and, in addition to and without waiving any other remedies, to avail itself of any legal remedy, charge interest at an annual rate of 12% on any delinquent amount; liquidated damages equal to 100% of the entire amount thereafter payable under this Agreement until the end of the relevant term.
- Liability of Customer. The Customer shall be liable for any loss of or any damage to the Equipment, for any reason whatsoever including Force Majeure, as of the date of its delivery. The Security Provider shall execute its obligations hereunder with diligence and to the best of its ability, but will not be liable for any damage, whatever its cause or nature, except for deliberate acts by or gross negligence of the Security Provider or its representatives. Any Equipment deficiency or error as to delivery and/or installation of the Equipment must be reported in writing to the Security Provider within 48 hours of the observation of same, failing which the Customer shall be considered to be satisfied with the Equipment, its delivery and installation.
- Limitation of Liability of Security Provider. The Customer releases the Security Provider from any liability for losses or damages due directly or indirectly to events (or to consequences thereof) that the Equipment and/or Services is designed to detect or avoid. The Customer is aware that the Security Provider is not an insurer, that the protection offered to him/her pursuant to this Agreement is limited and not absolute, that the amounts payable by him/her have no relation to the value of the premises or their contents and are thus set because of the stipulations contained in this Agreement as to damages and liability. The Customer recognizes that the Security Provider will not be responsible for any loss and/or damage suffered by the Customer as a result of failure by a police department or fire or ambulance or other emergency services organization to respond to an alarm which the Customer will have signalled. Additionally, the Customer acknowledges that under certain circumstances the installed equipment can produce false alarms and should a false alarm occur, the Customer will be responsible for expenses and fines which could be levied by private guards or public services for the municipality where the protected premises are located. SUBJECT TO APPLICABLE CONSUMER PROTECTION LAWS, THE SECURITY PROVIDER MAKES NO GUARANTY OR WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS, THAT THE EQUIPMENT OR SERVICES SUPPLIED WILL AVERT OR PREVENT OCCURRENCES OR THE CONSEQUENCES THEREFROM, WHICH THE EQUIPMENT OR SERVICE IS DESIGNED TO DETECT. IF THE SECURITY PROVIDER SHOULD BE FOUND LIABLE FOR LOSS, DAMAGE OR INJURY DUE TO A FAILURE OF SERVICE OR EQUIPMENT IN ANY RESPECT, ITS LIABILITY SHALL BE LIMITED TO A SUM EQUAL TO THREE MONTHS COST OF MONITORING FEES OR $250 WHICHEVER IS GREATER, AS THE AGREED UPON DAMAGES AND NOT AS A PENALTY, AS THE EXCLUSIVE REMEDY, AND THAT THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY IF LOSS, DAMAGE OR INJURY IRRESPECTIVE OF CAUSE OR ORIGIN, RESULTS DIRECTLY OR INDIRECTLY TO PERSON OR PROPERTY FROM PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS IMPOSED BY THIS AGREEMENT OR FROM NEGLIGENCE, ACTIVE OR OTHERWISE, STRICT LIABILITY, VIOLATION OF ANY APPLICABLE CONSUMER PROTECTION LAW OR ANY OTHER ALLEGED FAULT ON THE PART OF THE SECURITY PROVIDER, ITS AGENTS OR EMPLOYEES. NO SUIT OR ACTION SHALL BE BROUGHT AGAINST THE SECURITY PROVIDER MORE THAN ONE YEAR AFTER THE OCCURRENCE OF THE CAUSE OF ACTION THEREFOR, UNLESS A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW. IT IS FURTHER AGREED THAT THE LIMITATIONS ON LIABILITY EXPRESSED HEREIN SHALL ENURE TO THE BENEFIT OF AND APPLY TO ALL PARENT, SUBSIDIARY AND AFFILIATED COMPANIES OF THE SECURITY PROVIDER.
- Personal Information. The Customer confirms that the information he/she is providing to the Security Provider is true and complete and shall notify the Security Provider without delay of any change to his/her personal information. Personal information includes all data relating to the Customer in his/her application form or subsequently disclosed by him/her or third parties with his/her consent (or when authorized by law). For the purposes of monitoring, setting up, and administering his/her security services (including credit approval, invoicing, collection and to provide the Customer with information on new services or equipment), the Customer agrees to the collection, use, disclosing and transferring of his/her personal information by and between Security Provider, its affiliates, its subsidiaries and their respective successor corporations, or any subcontractor or assignee of this Agreement. The Customer authorizes the Security Provider or any sub-contractor or assignee of this Agreement to consult third parties (such as any credit reporting agency, credit bureau, person or corporation with whom the Customer has or may have financial relations, or supplier of services or benefits relating to this agreement) for credit reports or recommendations as to his/her solvency and to collect, use and disclose such information when necessary for the monitoring, setting up and administration of his/her security services. The file containing information related to the administration of the Customer’s security services will be kept by Security Provider and/or any subcontractor or assignee of this Agreement or third party monitoring company and will only be available to the personnel at the Security Provider and/or any sub-contractor or assignee of this Agreement and their authorized employees, contractors and agents who need to access the information in the administration and operation of his/her security services or to inform the Customer of new equipment or services, unless otherwise authorized by law. The information related to the administration of the Customer’s security services (including credit related information) will be held in a file titled with his/her name. The Customer has a right to access and correct the information (which may be incomplete, obsolete, or incorrect) contained in the file held about him/her and in order to exercise this right he/she can contact, in writing, the Security Provider, attention: Privacy Officer. The Customer may contact the Security Provider to obtain information about the Security Provider’s management of personal information and to address any complaints at the Security Provider’s address set forth on the first page of this Agreement. The Customer consents to the receipt of the Security Provider’s promotional materials and information concerning other services and products offered by the Security Provider via mail or email at the address(es) set forth in this Agreement, or as updated by the Customer from time to time.
- Assignment. The Customer may not transfer or assign his/her rights pursuant to this Agreement without the prior written consent of the Security Provider, which consent may be arbitrarily withheld or delayed. The Security Provider shall be entitled to assign this Agreement to any other provider of security services, without the consent of the Customer. In all such cases, any assignee shall assume each and every one of the obligations contained herein toward the Customer and shall benefit from each and every one of the rights granted to the Security Provider hereunder. Furthermore, the Security Provider shall be entitled to sub-contract any services it is to perform hereunder. This Agreement shall also enure to the benefit of and apply to any assignee, subcontractor or any other party performing any of the obligations provided for herein.
- Force Majeure. The Security Provider shall not be liable for failure to perform any of its obligations hereunder if such failure is caused by events outside its reasonable control, including without limitation, acts of God, war, acts of terrorism or natural disasters. The Security Provider shall use commercially reasonable efforts to recommence performance as soon as reasonably possible.
- Notice. All notices shall be sent to such party’s address on the first page of this Agreement Such notice shall be deemed duly delivered on the date of hand-delivery or one day after deposit with an overnight courier with tracking capabilities, or five days after deposit in registered mail, postage prepaid, return receipt requested.
- Miscellaneous. Failure by the Security Provider to require the performance by the Customer of its obligations pursuant to this Agreement or to enforce a right or recourse of the Security Provider shall not be deemed or interpreted as a waiver or forfeiture by the Security Provider of such right or recourse or of its right to require the performance by the Customer of its obligations pursuant to this Agreement. This Agreement constitutes the entire agreement between Canada’s Security Store and you concerning the subject matter hereof, superseding all prior or contemporaneous agreements or other communications or dealings whether written or oral, and they may only be modified by a written amendment signed by an authorized executive of Canada’s Security Store, or by the posting by Canada’s Security Store of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the Canada, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the Provincial Court located in Lethbridge, Alberta. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Lethbridge, Alberta, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Canada’s Security Store may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.