PLEASE READ THE FOLLOWING CAREFULLY.
Terms and Conditions of Use of the Red Arrow Website
Red Arrow Express Ltd. (“Red Arrow”) is pleased to permit your connection with our website https://www.redarrow.ca (the “Website”) and its use provided you agree to a number of terms and conditions.
Acceptance of the Terms and Conditions of Use
The following terms and conditions are applicable to your connection and use of our Website. Your connection and continued use of our Website constitutes both your acceptance and your ongoing agreement (the “Use Agreement”) to be bound by all the terms and conditions stipulated in the Website and those other terms and conditions incorporated into the website by express reference. If you do not agree to be bound by and comply with these terms and conditions, kindly cease using the Website and do not access or use the Website. As a further condition, Red Arrow may ask that you separately confirm your acceptance and agreement to be both bound by and comply with these terms and conditions and the Use Agreement. If directed to confirm it will be a condition of continued use to so confirm in the manner requested. If you do not wish to confirm as directed, kindly cease using the Website and do not access or use the Website. Merely not being directed to separately confirm does not diminish your agreement to be bound by the Use Agreement.
We also reserve the right, without notice, to either deny you access to or use of the Website and/or terminate the Use Agreement, if Red Arrow has any reason to believe that you do not comply with or otherwise violate the terms and conditions of the Use Agreement. No such termination by Red Arrow shall reduce your liability for matters arising prior to the termination of the Use Agreement. No such denial shall relieve you of your liability under the Use Agreement.
Agreements, Representations and Warranties
By connecting, accessing or using the Website, you represent, warrant, declare and agree with and to Red Arrow, a significant term of the Use Agreement, that:
- you are at least 19 years of age, and have the legal capacity to enter into the Use Agreement;
- by purchasing any products, goods or services contained on the Website you are not breaching any other agreement or obligation or any provision of any law or regulation, or infringing on the intellectual property rights of any third party;
- you consent and agree, and you have, where applicable, obtained all necessary approvals, consents and authorizations from any third party (and on request will provide reasonable evidence of same), to submit information to Red Arrow, including personal information and to delete or modify such information and all information submitted is true, accurate and complete;
- you accept full responsibility and agree to fully indemnity Red Arrow for all assessments, charges, duties, fees, and taxes and any other financial liability resulting from your use of the Red Arrow Website under your name or account, as well as all use by others using your name or Website account;
- your purpose in accessing and using the Website is not unlawful or prohibited by these terms and conditions of use and is solely related to determining the suitability and the availability of, and to purchase products, goods and services offered on the Website;
- you shall not directly or indirectly, access, use, encourage, solicit, permit, facilitate, aid, assist, or abet or participate in, including, but not limited to, the selling, licensing, distribution or provision to any entity or person by any means whatsoever that allow, the access, use, or agree to provide the access or use, of the Website through any manual process or any automatic, electronic or technical device such as automated scripts, robots, web-crawls, screen-scrapers, web “bots”, deep-links, indexes, spiders, click-spams, macro-programs, or any other device, program, software, system, algorithm, methodology or technology, now known or that is afterwards discovered, that performs the same or a similar function, in order to, data-mine; screen-scrape; data-process; access, extract, copy, distribute, aggregate or acquire information; generate impressions or clicks; input or store information; search or generate searches; or manipulate or monitors any portion or content of the Website or similar actions;
- you shall not create any derivative works from or otherwise copy, license, display, publish, perform, recreate, reproduce, sell, transfer, transmit or otherwise distribute, modify, edit, add to, mirror, frame, re-render, truncate, inject, filer or change the order of any information, products, goods, services, and software contained or offered on, or obtainable by, through or from the Website unless expressly permitted by these terms and conditions of use. You also agree in making use of the Website, not to cause to appear any pop-up, pop-under, exit windows, expanding buttons, banners, advertisement, or anything else that minimizes, covers, or otherwise inhibits the full display of the Website;
- you shall not access or use the Website in such manner, or otherwise take any action, that burdens Red Arrow’s infrastructure to an unreasonable and disproportionate extent, or reduces the Website speed, or that otherwise interferes with the normal functioning of the Website or otherwise abuses or overuses the Website including any attempt to circumvent, or attempt to circumvent, any measures or precautions taken to prevent the use or access of the Website;
- you shall not engage in any other conduct or activity that violates or conflicts with these terms and conditions of use; and
- agree to supervise and be responsible for all persons that access or use the Website under your name or that use your name or account.
As a condition of you accessing or using the Website, you agree, as a major term of the Use Agreement, to defend, indemnify and hold harmless Red Arrow, its affiliates and persons Red Arrow and its affiliates are responsible for in law, from and against any and all claims, demands, suits, actions, proceedings, liabilities, damages, judgments, penalties, taxes, fines, costs and expenses (including reasonable legal fees) arising out of, or resulting from or otherwise connected with: (a) the Website and its content, (b) any information, including personal information (to the extent permitted in law), you supply to us either on your behalf or on behalf of a third party, (c) your (or anyone acting under your name and account) use of the Website, or (d) any breach of the Use Agreement.
The Use Agreement incorporates an agreement that Red Arrow may, without notice, update, modify or amend these terms and conditions and the Use Agreement for any reason satisfactory and sufficient to Red Arrow, in its sole opinion. Red Arrow encourages you to review these terms and conditions of use each and every time you access the Website to be informed of the current terms and conditions of use. Each connection and reconnection to the Website and continued Website use constitutes a separate and additional agreement to be bound by all the terms and conditions in the Website and the Use Agreement.
Red Arrow reserves the right to modify, terminate or discontinue, either temporarily or permanently, in whole or in part, the Website including offering any products, goods or services referred therein. No modification or discontinuance terminates your agreement contained in the Use Agreement.
The Website provides you with convenient links and references to other websites that are owned and operated by third parties. Red Arrow does not monitor, sponsor or endorse any information, products, goods or services contained on or offered through any of the linked websites. Likewise, Red Arrow does not monitor, sponsor or endorse any persons or entities that are associated with other websites linked to the Website. These third-party sites and content are not maintained, monitored, operated or controlled by Red Arrow, and accordingly, it does not assume any responsibility regarding these linked websites. By using such links and references you assume sole and full responsibility for the access or use of such third-party sites and content.
Liability of Users to Red Arrow
Red Arrow does not warrant that the Website will operate error-free or that it and its servers are or will be free of computer viruses, trojan horses, or other harmful content, devices or programs. The Website and its content and material, and access to the data, are all provided on an “as is, where is”, and “as and when available” basis without any representations, guarantees, conditions or warranties of any kind. To the fullest extent permitted by the law, Red Arrow disclaims any and all conditions and warranties, whether express or implied, including the condition or warranty of merchantability and the condition or warranty of fitness for any particular purpose. Red Arrow makes no warranty or representation of non-infringement. Red Arrow further makes no warranties or representations concerning the accuracy, reliability, completeness, or timeliness of the data accessed by use of the Website.
Red Arrow shall not be liable for any direct, indirect, punitive, incidental, special, economic, exemplary or consequential damages arising out of, or in any way connected with, the delay or the inability to use, the content, including, but not limited to, any damages caused by any failure to perform, error, omission, interruption, deletion, defect, delay in operation or transmission, non-delivery of notifications, email or text messages that are lost, intercepted, reviewed or altered by others, text messages sent to a valid phone number that you provided to us but which is not owned or no longer owned by you, computer virus and other damage to your mobile device, computers, computer networks or other property line failure, theft or destruction or unauthorized access to, alteration of, or use of record or data or information or programs, whether such damages or injuries are based in contract, tort (including negligence), strict liability, or otherwise, even if Red Arrow or persons it is responsible for in law have been advised of the possibility of such damages.
This Use Agreement (which the parties agree is the whole agreement between the parties respecting the Website) shall be construed in accordance with the laws of the Province of Alberta, and the Courts of Alberta (and the Courts of any province or territory in Canada) shall have the exclusive jurisdiction to entertain any action (including without limitation an action to secure an injunction, prohibition or other equitable remedies) arising under the Use Agreement.
If any provisions of the Use Agreement any way contravene the laws (other than conflicts of law) of the Province of Alberta, such provisions shall be severed from the Use Agreement, and the remaining provisions shall continue in force and effect. The Use Agreement shall enure to the benefit of and be binding upon the parties hereto, their respective heirs, executors, administrators, successors and assigns the parties expressly exclude the United Nations Convention on Contracts for the International Sale of Goods from application to this Use Agreement.