Terms and Conditions

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Last updated: August 8, 2017

By using www.Cheelcare.com, you agree to the following Terms and Conditions. Please read them carefully.

Please note that these Terms and Conditions are updated regularly and additional terms may apply. When you use the products and services of www.Cheelcare.com, you are subject to the guidelines, terms and agreements applicable to www.Cheelcare.com.

Privacy Policy

Please review our Privacy Policy, which also regulate your use of www.Cheelcare.com.

Electronic Communications

By using any www.Cheelcare.com, or send e-mails, text messages, and other communications from any device to us, you are communicating with us electronically and you consent to receive communications from us electronically. We will communicate with you electronically by: e-mail, text messages, in-app push notices, or by posting notices and messages on www.Cheelcare.com website or through other www.Cheelcare.com services, such as our Message Centre. You acknowledge that all agreements, notices, messages, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright

All content on www.Cheelcare.com, such as digital downloads, data compilations, text, graphics, logos, button icons, images, videos, is the property of Cheelcare, and is protected by Canadian and international copyright laws. Any collection of all and any content from www.cheelcare.com is the exclusive property of Cheelcare and is protected by Canadian and international copyright laws.

Trademarks

Graphics, logos, page headers, button icons, scripts, and service names in www.Cheelcare.com are trademarks of Cheelcare, in Canada and other countries. Cheelcare trademarks may not be used in connection with any other product or service that is not Cheelcare’s, except as permitted by applicable law. All other trademarks not owned by Cheelcare that appear in www.Cheelcare.com are the property of their respective owners.

Patents

One or more patents owned by Cheelcare apply to the www.Cheelcare products and services.

Licence and Access

Subject to your compliance with these Terms and Conditions and your payment of any applicable fees, Cheelcare grants you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and make personal and non-commercial use of www.Cheelcare.com. This licence does not include rights for resale or commercial use of any www.Cheelcare.com product or service; any collection and use of any product listings, descriptions, or prices; any derivative use of any Amazon.ca Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data-gathering and extraction tools. All rights not expressly granted to you in these Terms and Conditions are reserved by Cheelcare and its suppliers, publishers, rightsholders, or other content providers. No part of www.Cheelcare.com may be used for any commercial purpose without the express written consent of Cheelcare. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of www.Cheelcare.com without express written consent. You may not use any meta tags or any other "hidden text" using Cheelcare name or trademarks without the express written consent of Cheelcare. You may use www.Cheelcare.com only as permitted by law. This limited license terminates if you do not comply with these Terms and Conditions.

Your Account

If/when you use www.Cheelcare.com, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Cheelcare, on its sole discretion, reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders.

Reviews, Comments and other Communications

You may post reviews, comments, photos, and other communications on www.Cheelcare.com; only if the content of this communication is not illegal, harassing, defamatory, infringing of intellectual property rights and does not contain software viruses, spam or unsolicited commercial electronic messages. Cheelcare reserves the right to remove or edit such content from www.Cheelcare.com. You may not use a false e-mail address, impersonate any person or entity, nor mislead as to the origin of your communication.

If you do post any communication on www.Cheelcare.com, and unless indicated otherwise, you grant Cheelcare a nonexclusive, royalty-free, perpetual, irrevocable right to use, reproduce, adapt, publish, perform, translate, distribute and communicate to the public such communication by any media in Canada and other countries. Cheelcare takes no responsibility and assumes no liability for any communication(s) posted by you or any third party on www.Cheelcare.com.

Risk of Loss

Risk of loss and title for items purchased from www.Cheelcare.com pass to you upon our delivery to the carrier or, if such items must cross an international border, then risk of loss and title pass to you when they clear customs.

Returns

Cheelcare does not take title to returned items until the item arrives at our facilities.

Product Descriptions

Product and parts descriptions on www.Cheelcare.com attempts to be as accurate as possible. However, Cheelcare does not warrant that product descriptions or other content on www.Cheelcare.com is accurate, complete, reliable, current, or error-free. If a product offered by www.Cheelcare.com is not as described, please contact Cheelcare and return the product. Note: the product must be returned in original packaging and in unused condition.

Other Businesses

There might be links on www.Cheelcare.com to the websites of partner companies and certain other businesses. Cheelcare is not responsible for evaluating, and does not warrant the offerings of the content of their web sites. Cheelcare does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other terms and conditions of use.

Disclaimer of Warranties and Limitation of Liability

WWW.CHEELCARE.COM  SERVICES AND ALL INFORMATION, CONTENT, MATERIALS ARE PROVIDED BY CHEELCARE ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF WWW.CHEELCARE.COM IS AT YOUR SOLE RISK.

CHEELCARE DOES NOT WARRANT THAT WWW.CHEELCARE.COM INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH WWW.CHEELCARE.COM; ITS ELECTRONIC COMMUNICATIONS, OR E-MAIL SENT FROM WWW.CHEELCARE.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CHEELCARE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF WWW.CHEELCARE.COM OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH WWW.CHEELCARE.COM, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC'S CONSUMER PROTECTION ACT, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Applicable Law and Disputes

(Not applicable to Quebec consumers) Any dispute or claim relating in any way to your use of www.Cheelcare.com, or to any products or services sold or distributed by Cheelcare through www.Cheelcare.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms and Conditions as a court would.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

For Quebec consumers: These Terms and Conditions and any dispute of any sort that might arise between you and Cheelcare shall be governed by the laws of the Province of Quebec, without reference to its conflict of laws provisions, and the laws of Canada applicable therein, and any disputes will be submitted to the courts of competent jurisdiction of the District of Montreal (Quebec).

Site Policies, Modification, and Severability

Cheelcare reserves the right to make changes to www.Cheelcare.com, it privacy policy and these Terms and Conditions at any time. If any of these terms and or conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term and or condition.

Our Address

Cheelcare

16 Sims Crescent, unit 20

Richmond Hill, ON, Canada

L4B 2P1

 

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