These website conditions of use (this “Agreement”) for PCSections.com (the “Website”) govern your use of the Website. The Website is owned and operated by NextGen Digital Platforms Inc. (“NextGen”).
Each time you use the Website you agree to be bound by this Agreement. If you do not agree with this Agreement, you may not access or use the Website.
NextGen may, in its sole discretion, change this Agreement from time to time and without notice by posting a revised Agreement on the Website. NextGen may also, in its sole discretion, immediately terminate your permission to access and use the Website without any notice or liability to you.
You may use the Website only if you are a resident of Canada or another jurisdiction where access and use are not prohibited; you have reached the age of majority where you live; and you can form legally binding contracts under applicable law. Except in limited circumstances for select products, the Website only makes products available for sale to Canadian residents.
The Website and all content posted on it is the intellectual property of NextGen, and of third parties where applicable, including third party products being made available for sale on the Website by third party suppliers. Your use of the Website does not transfer any ownership rights in the Website or its content. The Website and its content may not be copied, posted, modified, or distributed in any way without the prior written consent of NextGen. Any logos and trademarks on the Website are the intellectual property of NextGen or the applicable third party.
The Website is intended for your lawful, personal use only; using the Website for any other purpose or in any other manner is prohibited.
For your convenience, the Website may include links or references to other websites or resources operated by third parties (“Third Party Sites”) independent of NextGen. NextGen has no responsibility or liability for Third Party Sites and does not endorse any Third Party Sites. Your use of Third Party Sites is at your own risk, and you acknowledge that you will not make any claim against NextGen arising from, connected with, or relating to your use of Third Party Sites. You should review the terms, conditions, and policies of Third Party Sites before using same.
NextGen always attempts to provide current and accurate product and other information on the Website. NextGen cannot guarantee that products listed on the Website will be available, or that the content of the Website will always be accurate or complete. NextGen reserves the right from time to time and at any time, in its sole discretion, to unilaterally correct errors and omissions, change products and prices, and reject orders. All prices appearing on the Website are quoted in Canadian dollars unless otherwise specified.
Any customer profile you setup or other Website feature requiring login information remains the property of NextGen, and your access can be suspended at any time in NextGen’s sole discretion. You are solely responsible for the security and confidentiality of any passwords or other login information you use with respect to the Website. It is recommended that you log out of your online profile and/or clear your internet browser history when you are finished using the Website.
All order-related information you provide through the Website, including details around registration, payment method, and transaction, must be true, accurate, and complete. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, NextGen or any other person may incur as a result of your submission of any false, incorrect or incomplete information.
Any customer reviews or other content you post to the Website, where such functionality is available, become the property of NextGen, and may be modified or republished by NextGen without notice to you. Posting any illegal, obscene, defamatory, or infringing content to the Website is prohibited.
YOUR ACCESS TO AND USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. NEXTGEN MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER RELATING TO ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, PERFORMANCE OR DURABILITY, ALL OF WHICH ARE DISCLAIMED BY NEXTGEN TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
EXCEPT IN QUEBEC, NEXTGEN AND ITS SUPPLIERS ARE NOT LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE LOSS OR DAMAGE ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEBSITE OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OF DATA, BUSINESS, SAVINGS, INCOME, USE, REPUTATION OR GOODWILL, OR ECONOMIC LOSS, UNDER ANY CATEGORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND WHETHER AT LAW OR IN EQUITY), REGARDLESS OF ANY NEGLIGENCE BY NEXTGEN OR ITS SUPPLIERS, AND EVEN IF NEXTGEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE BEING INCURRED.
The exclusion of certain representations and warranties, and the limitation of certain liabilities, may be prohibited in some jurisdictions.
This Agreement, and your access to and use of the Website, and all related matters are governed exclusively by the laws of the Province of Ontario, Canada and the federal laws of Canada applicable therein. Any dispute between you and NextGen or any other person arising from, connected with or relating to the Website, this Agreement, or any related matters will be subject to the exclusive jurisdiction of the courts in the City of Toronto in the Province of Ontario, and you hereby irrevocably submit and attorn to the exclusive jurisdiction of those courts in respect of all such disputes.
If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force and effect.
This Agreement enures to the benefit of and is binding upon each of NextGen and its directors, officers, employees, consultants, advisors, shareholders, successors, and assigns, and you and your heirs, executors, administrators, successors, permitted assigns and personal representatives.
You may not assign this Agreement or the rights and obligations under this Agreement. NextGen may assign this Agreement and its rights and obligations hereunder without your consent.
The parties have expressly requested and required that this Agreement be drawn up in the English language. Les parties conviennent et exigent expressément que ce Contrat soient rédigés en anglais.
You can contact NextGen at:
NextGen Digital Platforms Inc.
70 Trius Drive, 2nd Floor
Fredericton, New Brunswick E3B 5E3
Telephone: +1 (647) 368-7789