TERMS OF USE

Please carefully read the following Terms of Use before using the https://www.kaercher.com/ca/ Web site (the "Site"). By accessing this Site, you agree to be bound by these Terms of Use. These Terms of Use may be updated from time to time. When we make changes, we will post them here. Accordingly, you should check the date of the Terms of Use (which appear at the end of this document) and review any changes since the last version. If at any time you do not agree to these Terms of Use, please do not use this Site.

This site is operated by Kärcher Canada Inc. ("KÄRCHER"). Throughout the Site and these Terms of Use, the terms "we", "us" and "our" refer to KÄRCHER. KÄRCHER offers this Site, including all information, content, materials, tools, products and services available from this Site, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies, statements and notices stated here. Your continued use of this Site constitutes your agreement to these Terms of Use.

USE OF CONTENT ON THE SITE

All content on this Site (including, without limitation, data, text, design, graphics, photographs, logos, icons, images, audio and video clips, downloads, interfaces, code, software, and systems, as well as the selection and arrangement thereof), is the exclusive property of and owned by, its licensors or its content providers and is protected by Canadian, U.S. and international copyright, trademark and other applicable laws. You may access, copy, download and print the content contained on the Site for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the content you access, copy, download or print. Any other use of content on the Site, including but not limited to the copying, reproduction, modification, distribution, transmission, performance, broadcast, publication, uploading, posting, displaying, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any content, material, information, software, products or services obtained from the Site, or use of the Site for purposes competitive to KÄRCHER, is expressly prohibited. KÄRCHER, or its licensors or content providers, retain full and complete title to the material provided on the Site, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in KÄRCHER’s sole discretion. KÄRCHER neither warrants nor represents that your use of materials on this Site will not infringe rights of third parties not affiliated with KÄRCHER.

You or third parties acting on your behalf may not: (i) use contact information provided on the Site for unauthorized purposes, including marketing; (ii) use any hardware or software intended to damage or interfere with the proper working of the Site or to surreptitiously intercept or harvest any system, data or personal information from the Site; (iii) interrupt or attempt to interrupt the operation of the Site in any way; (iv) frame this Site or use KÄRCHER’s proprietary marks, or any mark, word, term or slogan likely to be confused therewith, as meta tags or anything else, without our duly authorized prior written consent. These marks include, but are not limited to, Kärcher, Landa, Windsor, Shark, Spraymart, WaterMaze, Hotsy, Woma, Interpool, Kärcher New Venture, SoniQ Services, Interpool, Zoi, Ringler, Futuretech and Holder; (v) use frames or utilize framing techniques or technology to enclose any content included on the Site; (vi) utilize any Site content in any meta tags or any other "hidden text" techniques or technologies; or(vii) attempt to gain unauthorized access to the Site or networks connected to the Site.

KÄRCHER reserves the right, in its sole discretion, to refuse or cancel your registration, limit or terminate your access to or use of the Site at any time without notice. You are personally liable for any orders that you place or charges or other liabilities that you incur prior to termination and are fully responsible for all of our costs for collection of any such charges or other liabilities. Termination of your access or use will not waive or affect any other right or relief to which KÄRCHER may be entitled, at law or in equity. KÄRCHER reserves all rights not expressly granted in and to the Site and its content.

MERCHANDISE AVAILABILITY

KÄRCHER prides itself in providing quality merchandise. Availability of merchandise may vary at KÄRCHER stores and on https://www.kaercher.com/ca/. Items displayed on the Site may not be available at all times. Some featured items may be available only in limited quantities or only while supplies last. Once an item is no longer available or out of stock, we may attempt to remove the item promptly from display on https://www.kaercher.com/ca/ or list it as “out of stock.” Display of an item on https://www.kaercher.com/ca/ is not a guarantee that the item is currently available or in stock or that it will be available on our Site when you visit again. Adding products to your Cart or Wish list does not guarantee availability at the time of your order.   In the event that the product you request is not available at the time of your order, KÄRCHER will have no obligation to fulfil your order and you will have no obligation to pay KÄRCHER for the order.

If you are unable to locate a particular item that caught your attention on a previous visit to our Site or if you have any questions concerning the availability of a particular item, please contact our Customer Services team via email at Eshop.Canada@karcherna.com or calling +1-888-705-9444 via mail to: Kärcher Canada Inc., 275 Pendant Drive, Mississauga, Ontario  L5T 2W9.  We will make every commercially reasonable effort to fulfill your requests whenever possible.

ORDERS, PROHIBITION ON RESELLING, AND PRICE

The information on this Site does not constitute a binding offer to sell products described on the Site or to make such products available in your area. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. You may not purchase any item from this Site for resale by you or any other person, and you may not resell any item purchased from this Site. The prices displayed on the Site are quoted in Canadian dollars and are intended to be valid and effective only in Canada.

In the event a product is listed at an incorrect price, we have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account. In the event we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

YOUR ACCOUNT

To access certain portions of the Site, you may be asked to create a personal account on the Site (“myKärcher Account”). When and if you use the Site, it shall be your sole responsibility to provide true, accurate, current and complete information about yourself and maintain the confidentiality of your e-mail address, password and any other account identifiers related to your myKärcher Account, and for restricting access to your computer(s). You also agree to accept sole responsibility for any and all activity that occurs under your myKärcher Account. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your e-mail address, password and any other account identifiers related to your myKärcher Account, notify KÄRCHER immediately. KÄRCHER may assume that any communications KÄRCHER receives under your e-mail address, password and any other account identifiers related to your myKärcher Account have been made by you unless KÄRCHER receives notice otherwise.

LINKS TO OTHER WEBSITES

When you access a non-KÄRCHER website, please realize that it is independent of KÄRCHER. Linking to any off-site pages is at your own risk. KÄRCHER makes no warranties or representations about any non-KÄRCHER website and has no responsibility or liable to you for such websites or their content. In addition, certain third party sites may also provide links to KÄRCHER websites. None of such links should be deemed to imply that KÄRCHER endorses such third party websites or any content therein.

INDEMNITY

You agree to promptly defend, indemnify and hold KÄRCHER, its directors, officers, employees, agents, licensors, service providers, subcontractors, suppliers and representatives (collectively, the “Indemnified Parties”) harmless from and against any and all claims, losses, liabilities, damages, costs and expenses, including reasonable attorneys' and professionals’ fees and court costs as incurred, (collectively, starting with the word “losses” “Claim”) in any way arising from, related to or in connection with your use of the Site, your violation of these Terms of Use or the posting or transmission of any User Submissions by you. You shall not, without the prior written consent of the Indemnified Parties, settle or compromise any Claim, or permit a default or consent to the entry of any judgment in respect thereof, unless such settlement, compromise, or consent includes, as an unconditional term thereof, the giving by the claimant to the Indemnified Parties an unconditional release from all liability in respect of such Claim. The Indemnified Parties reserve the right, at its/their own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with the Indemnified Parties in the defense of such matter.

LIMITATION OF LIABILITY

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE LIMITATION OF LIABILITY OR CERTAIN DAMAGES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW LIMITATIONS MAY NOT APPLY AND YOU MAY HAVE ADDITIONAL RIGHTS.

YOU ACKNOWLEDGE AND AGREE THAT: (i) YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE (ii) ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES; (iii) YOUR USE OF THE SITE IS AT YOUR OWN RISK; AND (iv) THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE INDEMNIFIED PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, OR ANY OTHER SITE YOU ACCESS THROUGH A LINK OR CONDUIT FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, KÄRCHER’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE INDEMNIFIED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE INDEMNIFIED PARTIES SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH THE INDEMNIFIED PARTIES IS TO DISCONTINUE YOUR USE OF THE SITE. WHERE PERMITTED BY LAW, YOU AND KÄRCHER AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED.

CHANGES TO THESE TERMS OF USE

Where permitted by applicable law (which may not include Quebec), we reserve the right, in our sole discretion, to change, modify or otherwise alter these Terms of Use at any time by posting revised terms on the Site. Please review the terms of use periodically because it is your sole responsibility to check for any changes we may make to these Terms of Use. Your continued use of this Site following the posting of changes to these Terms of Use or other policies or statements will constitute your acceptance.

MISCELLANEOUS

The waiver of any provision of the Entire Agreement shall not be considered a waiver of any other provision or of KÄRCHER's right to require strict observance of each of the terms herein or therein. If any provision of the Entire Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. The Entire Agreement does not create any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship. Except for the Indemnified Parties, there are no third party beneficiaries of these terms of use. The Entire Agreement is personal to you and you may not transfer, assign or delegate them to anyone without the express written permission of KÄRCHER. Any attempt by you to assign, transfer or delegate the Entire Agreement without the express written permission of KÄRCHER will be null and void. KÄRCHER have the right to transfer, assign and delegate the Entire Agreement to one or more third parties without your permission.

Last updated 26 June 2020