Terms & Conditions

Welcome to FixturesPlus.ca referred to as “FixturesPlus” throughout this document. Please note that by using FixturesPlus you agree to follow and be bound by these Terms and Conditions.

Privacy, Site Policies, Modification, and Severability

Please review our Privacy Policy, and other Site Policies which also governs your visit to FixturesPlus, to better understand our practices. FixturesPlus reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of the FixturesPlus following any such change constitutes your unconditional agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this Web site.

Account and Purchases

Using the services on FixturesPlus, you represent that you are of legal age and are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account. FixturesPlus reserve the right to refuse service, terminate accounts, remove or limit quantity, or cancel orders in their sole discretion. We will contact you electronically via information provided to us if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after payment received, we will issue a credit by the charged payment method for the amount of the charge.

Communications

By visiting or communicating electronically with FixturesPlus you give consent to receive communications from us electronically as well. We will communicate with you by email, phone or by posting notices on this site. 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.

Copyright and Trademarks

All materials on FixturesPlus or made available through FixturesPlus, including design, text, graphics, logos, button icons, images, audio/video media, digital downloads, data compilations, and software, is the property of FixturesPlus, its affiliates or their content suppliers unless otherwise indicated. All materials are protected by Canadian and international copyright laws. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through FixturesPlus are trademarks, registered trademarks or trade dress of FixturesPlus or its affiliates in Canada and/or other countries. FixturesPlus’s trademarks and trade dress may not be used in connection with any product or service that is not FixturesPlus’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits FixturesPlus or its affiliates. All other trademarks not owned by FixturesPlus that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by FixturesPlus.

Pricing

Prices and availability for our products are subject to change without notice. We reserve the right at any time to modify or discontinue products without notice at any time. We shall not be held liable for any modification, price change, suspension or discontinuance of any product.

Shipping

FixturesPlus uses Canada Post to deliver our orders. All items purchased from FixturesPlus are made pursuant to a shipment contract. This means that the title and risk of loss for such items shall be passed to the buyer upon our delivery to the carrier.

Errors, Inaccuracies and Omissions

Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information on our site or any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on our site or on any related website, should be taken to indicate that all information has been modified or updated.

Indemnification

The user must guarantee to defend, indemnify and hold FixturesPlus harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to the use of FixturesPlus or products which we distribute.

Disclaimer of Warranties and Limitation of Liability

THIS SITE IS PROVIDED BY FIXTURESPLUS ON AN “AS IS” AND “AS AVAILABLE” BASIS. FIXTURESPLUS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FIXTURESPLUS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, FIXTURESPLUS DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS WEB SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE FIXTURESPLUS WEB SITE, THAT YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.

Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL FIXTURESPLUS OR ANY OF ITS AFFILIATES (NETWORK STORES), EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE THIS AND OTHER FIXTURESPLUS WEB SITES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF FIXTURESPLUS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL FIXTURESPLUS BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX-MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE. IN SUCH SOME PROVINCES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

Governing Law

These terms and Conditions and the transactions contemplated hereby shall be construed and governed by the laws of the Province of Ontario and the laws of Canada to the extent applicable and the parties attorn to the jurisdiction of the Ontario Courts. The parties acknowledge expressly requiring this Agreement and all related documents to be drawn