Terms of Service
These terms of service outline the rules and regulations for the use
of PowerImporter's Website.
PowerImporter is located at:
5890 Avenue de Monkland, Suite 16-15,
Montreal, Quebec
H4A 1G2
By accessing this website we assume you accept these terms of
service in full. Do not continue to use PowerImporter's website if you do
not accept all of the terms of service stated on this page.
The following terminology applies to these Terms of Service, Privacy
Statement and Disclaimer Notice and any or all Agreements: "Client",
"You" and "Your" refers to you, the person accessing this website
and accepting the Company's terms of service. "The Company",
"Ourselves", "We", "Our" and "Us", refers to our Company. "Party",
"Parties", or "Us", refers to both the Client and ourselves, or
either the Client or ourselves. All terms refer to the offer,
acceptance and consideration of payment necessary to undertake the
process of our assistance to the Client in the most appropriate
manner, whether by formal meetings of a fixed duration, or any other
means, for the express purpose of meeting the Client's needs in
respect of provision of the Company's stated services/products, in
accordance with and subject to, prevailing law of Canada. Any use of
the above terminology or other words in the singular, plural,
capitalisation and/or he/she or they, are taken as interchangeable
and therefore as referring to same.
Cookies
We employ the use of cookies. By using PowerImporter's website you
consent to the use of cookies in accordance with PowerImporter's privacy
policy.
Most of the modern day interactive web sites use cookies to enable
us to retrieve user details for each visit. Cookies are used in some
areas of our site to enable the functionality of this area and ease
of use for those people visiting. Some of our affiliate /
advertising partners may also use cookies.
License
Unless otherwise stated, PowerImporter and/or it's licensors own the
intellectual property rights for all material on PowerImporter. All
intellectual property rights are reserved. You may view and/or print
pages from powerimporter.com for your own personal use subject to
restrictions set in these terms of service.
You must not:
- Republish material from powerimporter.com
- Sell, rent or sub-license material from powerimporter.com
- Reproduce, duplicate or copy material from powerimporter.com
Redistribute content from PowerImporter (unless content is specifically
made for redistribution).
User Comments
- This Agreement shall begin on the date hereof.
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Certain parts of this website offer the opportunity for users to
post and exchange opinions, information, material and data
('Comments') in areas of the website. PowerImporter does not screen,
edit, publish or review Comments prior to their appearance on the
website and Comments do not reflect the views or opinions of
PowerImporter, its agents or affiliates. Comments reflect the view and
opinion of the person who posts such view or opinion. To the
extent permitted by applicable laws PowerImporter shall not be
responsible or liable for the Comments or for any loss cost,
liability, damages or expenses caused and or suffered as a result
of any use of and/or posting of and/or appearance of the Comments
on this website.
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PowerImporter reserves the right to monitor all Comments and to remove
any Comments which it considers in its absolute discretion to be
inappropriate, offensive or otherwise in breach of these Terms of
Service.
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You warrant and represent that:
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You are entitled to post the Comments on our website and have
all necessary licenses and consents to do so;
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The Comments do not infringe any intellectual property right,
including without limitation copyright, patent or trademark,
or other proprietary right of any third party;
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The Comments do not contain any defamatory, libelous,
offensive, indecent or otherwise unlawful material or material
which is an invasion of privacy
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The Comments will not be used to solicit or promote business
or custom or present commercial activities or unlawful
activity.
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You hereby grant to PowerImporter a non-exclusive
royalty-free license to use, reproduce, edit and authorize others
to use, reproduce and edit any of your Comments in any and all
forms, formats or media.
Content Liability
We shall have no responsibility or liability for any content
appearing on your Web site. You agree to indemnify and defend us
against all claims arising out of or based upon your Website. No
link(s) may appear on any page on your Web site or within any
context containing content or materials that may be interpreted as
libelous, obscene or criminal, or which infringes, otherwise
violates, or advocates the infringement or other violation of, any
third party rights.
Reservation of Rights
We reserve the right at any time and in its sole discretion to
request that you remove all links or any particular link to our Web
site. You agree to immediately remove all links to our Web site upon
such request. We also reserve the right to amend these terms of
service and its linking policy at any time. By continuing to link to
our Web site, you agree to be bound to and abide by these linking
terms of service.
Removal of links from our website
If you find any link on our Web site or any linked web site
objectionable for any reason, you may contact us about this. We will
consider requests to remove links but will have no obligation to do
so or to respond directly to you.
Whilst we endeavour to ensure that the information on this website
is correct, we do not warrant its completeness or accuracy; nor do
we commit to ensuring that the website remains available or that the
material on the website is kept up to date.
Payment of Fees
- You will pay the Fees applicable to your subscription (“Subscription Fees”) and any other
applicable fees. Together, the Subscription Fees,
Transaction Fees and the Additional Fees are referred to as the “Fees”.
- You must keep a valid payment method on file with us to pay for all
incurred and recurring Fees. PowerImporter will charge applicable Fees to
any valid payment method that you authorize (“Authorized Payment Method”),
and PowerImporter will continue to charge the Authorized Payment Method
for applicable Fees until the Services are
terminated, and any and all outstanding Fees have been paid in
full. Unless otherwise indicated, all Fees and other charges are
in U.S. dollars, and all payments shall be in U.S. currency.
- Subscription Fees are paid in advance and will be billed in 30
day intervals (each such date, a “Billing Date”). Transaction Fees
and Additional Fees will be charged from time to time at PowerImporter’s
discretion. You will be charged on each Billing Date for all
outstanding Fees that have not previously been charged. Fees will
appear on an invoice, which will be sent to the Account Owner via
the email provided. As well, an invoice will appear on the Account
page of your account’s administration console. Users have
approximately two weeks to bring up and settle any issues with the
billing of Subscription Fees.
- If we are not able to process payment of Fees using an Authorized
Payment Method, we will make a second attempt to process payment using
any Authorized Payment Method 3 days later. If the second attempt is not successful,
we will make a final attempt 3 days following the second attempt.
If our final attempt is not successful, we may suspend and revoke
access to your Account and the Services. Your Account will be reactivated upon your
payment of any outstanding Fees, plus the Fees applicable to your
next billing cycle. You may not be able to access your Account
during any period of suspension. If the outstanding Fees remain
unpaid for 60 days following the date of suspension, PowerImporter
reserves the right to terminate your Account.
- All Fees are exclusive of applicable federal, provincial, state,
local or other governmental sales, goods and services (including
Goods and Sales Tax under the Goods and Services Tax Act,
Chapter 117A of Singapore), harmonized or other taxes, fees or
charges now in force or enacted in the future (“Taxes”).
- You are responsible for all applicable Taxes that arise from or
as a result of your subscription to or purchase of PowerImporter’s
products and services. To the extent that PowerImporter charges
these Taxes, they are calculated using the tax rates that apply
based on the billing address you provide to us. Such amounts are
in addition to the Fees for such products and services and will
be billed to your Authorized Payment Method. If you are exempt
from payment of such Taxes, you must provide us with evidence of
your exemption, which in some jurisdictions includes an original
certificate that satisfies applicable legal requirements attesting
to tax-exempt status. Tax exemption will only apply from and after
the date we receive evidence satisfactory to PowerImporter of your
exemption. If you are not charged Taxes by PowerImporter, you are
responsible for determining if Taxes are payable, and if so,
self-remitting Taxes to the appropriate tax authorities in
your jurisdiction.
- For the avoidance of doubt, all sums payable by you to
PowerImporter under these Terms of Service shall be paid free and
clear of any deductions or withholdings whatsoever. Other
than Taxes charged by PowerImporter to you and remitted to the
appropriate tax authorities on your behalf, any deductions
or withholdings that are required by law shall be borne by
you and paid separately to the relevant taxation authority.
PowerImporter shall be entitled to charge the full amount of Fees
stipulated under these Terms of Service to your Authorized
Payment Method ignoring any such deduction or withholding
that may be required.
- You must maintain an accurate location in the administration
menu of your PowerImporter account. If you change jurisdictions you must
promptly update your location in the administration menu.
- PowerImporter does not provide refunds.
Limitation of Liability
- You expressly understand and agree that, to the extent permitted
by applicable laws, PowerImporter shall not be
liable for any direct, indirect, incidental, special,
consequential or exemplary damages, including but not limited to,
damages for loss of profits, goodwill, use, data or other
intangible losses resulting from the use of or inability to use
the Service.
- To the extent permitted by applicable laws, in no event shall
PowerImporter be liable for lost
profits or any special, incidental or consequential damages
arising out of or in connection with our site, our Services or
these Terms of Service (however arising including negligence). You
agree to indemnify and hold us and (as applicable) our parent,
subsidiaries, affiliates, PowerImporter partners, officers, directors,
agents, employees, and suppliers harmless from any claim or demand,
including reasonable attorneys’ fees, made by any third party due
to or arising out of your breach of these Terms of Service, or your
violation of any law or the rights of a third party.
- Your use of the Services is at your sole risk. The Services are
provided on an “as is” and “as available” basis without any
warranty or condition, express, implied or statutory.
- PowerImporter does not warrant that the Services will be uninterrupted,
timely, secure, or error-free.
- PowerImporter does not warrant that the results that may be obtained
from the use of the Services will be accurate or reliable.
- PowerImporter does not warrant that the quality of any products,
services, information, or other materials purchased or obtained by
you through the Services will meet your expectations, or that any
errors in the Services will be corrected.
Contact Information
If you have any queries regarding any of our terms, please contact
us.