These Terms of Use constitute a legally binding agreement made between Buyer, whether personally or on behalf of an entity (“Buyer”) and OLIJEL, concerning your access to and use of the www.catrak.ca website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert Buyer about any changes by updating the “Last updated” date of these Terms of Use, and Buyer waive any right to receive specific notice of each such change. It is Buyer responsibility to periodically review these Terms of Use to stay informed of updates. Buyer will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by Buyer continued use of the Site after the date such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.

Intellectual Property and Content Rights

Unless otherwise noted, the copyrights to all materials, text, images, content and layout of the Site (including user and visual interfaces, images, look and feel, design, sound, etc., and any underlying software and computer codes) are proprietary to OLIJEL, our affiliates, parents, subsidiaries, or licensors, and are protected from unauthorized copying and dissemination in accordance with the laws of the Province of Quebec, trademark law, international conventions and other intellectual property laws.

You may not copy, reproduce, post on any other website, republish, upload, encode, modify, translate, publicly perform, or display, commercially exploit, distribute or transmit any content from or portion of the Site or make any derivative works from the Site in any way without OLIJEL’s express prior written consent. Your use of this Site does not grant you any right, title, interest, or license to any such intellectual property appearing on the Site. Any unauthorized use of the content of this Site may subject you to civil or criminal penalties.

Use of the Site

We maintain the Site for your personal information. You should feel free to browse the Site and may download material displayed on the Site for non-commercial, lawful, personal use only, provided all copyright and other proprietary notices contained on the materials are retained and such information is not modified, copied or posted on any networked computer or broadcast in any media.
You may not use this Site to: (1) transmit any information, data, text, images, files, links, or software except in connection with your authorized use of the Site or otherwise in response to specific requests for information by Us; (2) obtain unauthorized access to any computer system; (3) impersonate any other person, including but not limited to, a registered user of the Site or a OLIJEL employee or contractor; or (4) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity.
You may not use any computer program tools including, but not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other automatic device, program, algorithm or methodology, or any similar or equivalent manual process (“Tools”) to access, acquire, copy or monitor any portion of the Site or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any content, to obtain or attempt to obtain materials, documents or information through any means not purposely made available through the Site. Tools that use the Site shall be considered agents of the individual(s) who control or author them.
By using the Site, you agree to indemnify, hold harmless and defend OLIJEL from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim by a third party that arises in connection with your use of the Site.

Modifications to Site

The information on the Site is believed to be reliable; however, the information may contain inadvertent errors or inaccuracies. We reserve the right to make changes to prices, document names, content, product descriptions, specifications, or other information without notice.

WARRANTIES AND DISCLAIMERS

All information appearing in OLIJEL’s documentation or on OLIJEL’s website is provided “AS IS” and without warranties of any kind with respect to its correctness, accuracy, reliability or otherwise. OLIJEL provides no warranty with respect to the contents of its documents or website or with respect to the products and/or services sold hereunder, except those products directly manufactured by OLIJEL and services directly provided by OLIJEL. For products not directly manufactured by OLIJEL and services not directly provided by OLIJEL, Buyer receives a warranty on such products or services, if any, directly from the manufacturer of those products or provider of those services to the extent such “pass-through” warranties are available. Upon the request of the Buyer, OLIJEL will use commercially reasonable efforts to inform the Buyer of the warranty policy of a particular manufacturer or service provider, or to direct Buyer to a source of such information. OLIJEL MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO OLIJEL WEBSITE OR THE PRODUCTS AND SERVICES SOLD HEREUNDER. OLIJEL EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. OLIJEL DOES NOT WARRANT THAT OPERATION OF OLIJEL ONLINE WILL BE UNINTERRUPTED OR FREE FROM ERRORS, THAT DEFECTS WILL BE CORRECTED OR THAT OLIJEL’ WEBSITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

LIMITATION OF LIABILITY

OLIJEL SHALL NOT BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, NOR FOR ANY LOSS OF BUSINESS, LOSS OF USE OR OF DATA, INTERRUPTION OF BUSINESS, LOST PROFITS OR GOODWILL, OR OTHER INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF ANY AGREEMENT, EVEN IF OLIJEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS EXCLUSION INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS AGAINST BUYER. OLIJEL’S TOTAL LIABILITY UNDER ANY AGREEMENT WITH RESPECT TO ANY PRODUCT OR SERVICE SOLD HEREUNDER SHALL IN NO EVENT EXCEED THE PRICE PAID BY BUYER FOR SUCH PRODUCT OR SERVICE.

Products

We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Site. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.

Purchases and Payment

Buyer agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in Canadian dollars.

All prices quoted, all orders accepted, and all billings rendered are exclusive of all federal, provincial and local withholding, excise, sales, use and similar taxes, fees, or charges imposed by any governmental authority on this transaction. All prices presented on the site are subject to change at any time and without notice. Buyer will reimburse OLIJEL for any such tax, fee or charge, at the time of sale or thereafter, that OLIJEL is required to pay. Terms of payment are Net 30 days unless otherwise stated at time of order and on confirmation. In the event that payment is not received within the time period specified in the payment terms, any unpaid balance shall bear interest at the rate of 1.5% per month, or the maximum amount allowed by law, if lower. At its discretion OLIJEL may extend credit to Buyer, and any amount of credit extended by OLIJEL to Buyer may be changed or withdrawn completely by OLIJEL at any time without prior notice. If any proceeding is brought by or against Buyer under bankruptcy or insolvency laws, OLIJEL shall be entitled to cancel any order by Buyer then outstanding without prior notice.

We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors

Sales and Shipping

All orders ship within one business day of order receipt or otherwise specify. All orders placed by Buyer after 2PM Eastern Standard Time will be shipped the following business day. OLIJEL is not liable for any delay in shipping. Buyer is responsible for notifying OLIJEL of any lost or stolen shipments within 3 business days of the order’s expected date of delivery.
If an order has already left the facility and changes to the shipping address are requested, additional fees may apply. We are not liable for any order entry errors and will not reimburse any shipping fees or return shipping fees on orders placed in error. If an order is placed with an incomplete or invalid address, we will contact the Buyer through phone or email to inform them of this error. If no response is received within 3 business days, we have the right to cancel and refund your payment.

Shipping costs and an optional cleaning spray are not refundable.

RETURNS, CHANGES AND CANCELLATIONS

Cancellations of and changes to orders for products and services, and returns of products by Buyer, will be subject to OLIJEL’s then-existing return, change and cancellation fees. Upon the request of Buyer, OLIJEL will use commercially reasonable efforts to inform the Buyer of the return, change, and cancellation policies existing at the time of Buyer’s request. OLIJEL reserves the right to modify its return, change, and cancellation policies and fees at any time and without notice to Buyer. Buyer agrees to pay all charges resulting from such returns, changes and cancellations, and including, without limitation, storage and shipment costs, costs of producing non-standard materials, costs of purchasing non-returnable materials, and any other cost resulting from cancellations, changes or returns.

Use of Products

The products sold by OLIJEL are not intended for human consumption. Buyer acknowledges that the products may not have been tested for safety and efficacy in commercial use. OLIJEL provides instructions with the shipment of products. Buyer shall review the instruction and shall provide them to any third party authorized by Buyer to use products purchased hereunder by Buyer, prior to the handling and use of the products. Buyer shall ensure that use of the products is strictly in accordance with the instructions and any warnings on the labels of the products; and Buyer shall obtain assurances from such third party that the third party will at all times use the products strictly in accordance with the instructions and any warnings on the labels of the products.

 

INDEMNITY

Buyer shall indemnify, defend, and hold harmless OLIJEL and its employees, agents, successors, officers, managers, members and assigns, from any suits, losses, claims, demands, liabilities, costs and expenses (including attorney and accounting fees) that OLIJEL may sustain or incur arising from (a) Buyer’s improper use of the products (including without limitation to storage, handling, and transportation of products), (b) use of the products by a third party with Buyer’s authorization, (c) use of the products by a third party without Buyer’s authorization, where such unauthorized use is due to Buyer’s negligent act or omission, or willful misconduct, (d) Buyer’s failure to comply with any applicable laws and regulations or to obtain any licenses or approvals necessary to purchase and use the products, or (e) the Buyer’s breach of any of its obligations set forth in these Terms, in the Instructions for Use and Care or in any Agreement. OLIJEL will provide Buyer with: (i) prompt written notice of such claim of which OLIJEL is aware; (ii) control over the defense and settlement of such claim; and (iii) proper and full information and assistance at Buyer’s expense to settle and/or defend any such claim. Notwithstanding the foregoing, Buyer shall not settle any such claim, suit or proceeding without the written consent of OLIJEL, which shall not be unreasonably withheld.

Third-Party Websites and Content

The Site may contain (or you may be sent via the Site or the Marketplace Offerings) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

COPYRIGHT

All materials contained on OLIJEL’s website are subject to the ownership rights of OLIJEL Inc. OLIJEL hereby authorizes you to make a single copy of the content herein for your use in learning about, evaluating, or acquiring OLIJEL services or products. You agree that any copy made must include OLIJEL copyright notice. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify the content contained herein.

SUBMISSIONS

All remarks, suggestions, ideas, graphics or other information communicated to OLIJEL will forever be the property of OLIJEL. Unless otherwise specified in writing, all material submitted to OLIJEL will be presumed to be public and OLIJEL will not be required to treat the information as confidential. OLIJEL shall have exclusive ownership of all present and future existing rights in the information, without compensation to the person sending the information.

QUESTIONS REGARDING TERMS AND CONDITIONS

Any questions regarding OLIJEL’s Terms and Conditions should be directed to OLIJEL at info@olijel.com.