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Terms & Conditions of Use

NexDay Supply Website Terms and Conditions of Use

These Website Terms & Conditions of Use Contain Legal Obligations. Please read these Website Terms and Conditions of Use before using this Website.

Last Update: June 3rd 2011

Acceptance of these Terms & Conditions of Use and any Revisions thereto

NexDay Supply Inc. provides this website (the “Website”) to users (referred to as “you” throughout these Terms & Conditions of Use") subject to their acceptance of the following Terms & Conditions of Use (the “Terms of Use”).  By accessing the Website, you agree to be bound by these Terms of Use without limitation or qualification. If you do not agree to be bound by these Terms of Use, you must not access or Sign Up Here > to use the Website.  

NexDay Supply Inc. may, at any time, without notice or liability, revise these Terms of Use by updating this posting.  You should periodically revisit this posting to review any revisions to these Terms of Use.  If any revision is not acceptable to you, you must cease accessing and using the Website.  If you continue to access or use the Website after any revisions are posted you will be deemed to have accepted those revisions.

Account Holder Liability

When you Sign Up Here > to use this website, or make a purchase, all purchases and activity are the sole personal responsibility of the party that registers as the Account Holder, regardless of whether or not a business name has been provided, and you will be asked to confirm your acceptance of these Terms of Use by clicking the “I agree to the Terms & Conditions of Use ” button posted on the electronic registration form. The action of clicking the “I agree to the Terms & Conditions of Use ” button is the equivalent of your signature and indicates your acceptance of these Terms and Conditions of Use, as well as, NexDay Supply Inc.’s Privacy Policy, Shipping Policy, Order & Payment Policy, Returns Policy, NexDay Rewards Program Rules and any additional terms and conditions of purchase set out therein and you intend to be legally bound by them.All purchases are the sole personal responsibility of the party that registers as the Account Holder regardless of whether or not a business name has been provided.

The Account Holder also confirms that they are authorized, or have been provided authorization, to use any payment method provided to make a purchase should the payment method be in another party's name. Where a Business Name has been provided, the Account Holder also confirms that the business has authorized any purchase transactions and that they are jointly responsible and liable for payment.  

Use and Restrictions

You may access and use the Website and the information, features and services thereon (collectively, the “Content”) only in accordance with all applicable laws and regulations and with these Terms of Use. Subject to these Terms of Use, NexDay Supply Inc. grants you a non-exclusive, non-transferable, revocable license to use the Website and the Content solely for your own personal and non-commercial use.  Content may only be printed, copied or saved onto your own computer for your personal and non-commercial use.

You must not, directly or indirectly, print, copy, reproduce, save onto your own computer, modify, translate, merge with other data, frame in another website, post on another website, or otherwise use the Content for any public, commercial or non-personal purpose.  You must not, directly or indirectly, display, post, disseminate, distribute, publish, broadcast, transfer, sell or sub-license the Content to another individual or entity.  

NexDay Supply Inc. and its licensees, affiliates or subsidiaries and each of their respective directors, officers, employees and agents are not responsible or liable, directly or indirectly, in any way for the accuracy, relevancy, completeness or timeliness of the Content.  You agree that all risk associated with your use of, or reliance on, any Content rests with you.  You further agree that NexDay Supply Inc. and its licensees, affiliates or subsidiaries and each of their respective directors, officers, employees and agents shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your use of, or reliance on, any Content.  

Intellectual Property Rights

The Website and all of the Content (including the organization and layout of the Website and all software used in connection with the Website) are, and at all times remain, the property of NexDay Supply Inc..  The Website and all of the Content are protected by intellectual property rights owned by NexDay Supply Inc.  You agree to abide by all intellectual property notices, information and restrictions on, or displayed with, the Content.  Note that any Content owned by NexDay Supply Inc. may be subject to additional restrictions.

Certain names, graphics, logos, icons, designs, words, titles and phrases on the Website constitute trade-marks (whether registered or unregistered), trade names or other intellectual property of NexDay Supply Inc. (the “NEXDAYSUPPLY.CA IP”) or third parties (the “Third Party IP”).  NexDay Supply Inc. at all times remains the sole owner of the NEXDAYSUPPLY.CA IP.  

The display of the Content, the NEXDAYSUPPLY.CA IP and the Third Party IP on the Website does not convey or create any license or other rights in any of the Content, the NEXDAYSUPPLY.CA IP or the Third Party IP.  You acknowledge and agree that you do not acquire:

1. any ownership rights in any of the Content, the  IP or the Third Party IP;
2. any right to use any of the Content, the NEXDAYSUPPLY.CA IP or the Third Party IP for commercial purposes including sale, resale, license or sub-license; or 
3. any right to reproduce, distribute, display, post, disseminate, publish, broadcast, or transfer any of the Content, the NEXDAYSUPPLY.CA IP or the Third Party IP.

Use of any of the Content, the  NEXDAYSUPPLY.CA IP or the Third Party IP, without the prior written consent of  NexDay Supply, or the applicable licensee, employee or third party, is strictly prohibited.

Third Party Websites and Content Linked to the Website

The Website may contain links to third party websites or content posted on third party websites (the “Links”).  NexDay Supply Inc. provides the Links only as a convenience to help you identify and locate other Internet resources that may be of interest.

You acknowledge that in providing Links, NexDay Supply Inc.:

1. does not endorse any third party website or content accessible via the Links;
2. does not act as an editor, publisher or disseminator of any content accessible via the Links and does not control or monitor any third party website;
3. does not make any representation or warranty of any kind regarding the Links;
4. is not responsible, directly or indirectly, in any way for the accuracy, relevancy, completeness, timeliness or legality of any content accessible via the Links; and
5. is not responsible, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your use of, or reliance on, any of the Links.

You agree that you are solely responsible for:

1. taking all protective measures to guard against viruses and other destructive elements;
2. abiding by the terms and conditions of use and the privacy policies posted at the third party websites; and 

3. evaluating the content accessible via the Links and bearing all risks associated with your use of, and reliance on, any such content.


Links to the Website on Third Party Websites

If you want to include a link to the Website on your website (the “Third Party Link”), you must:

1. provide  NexDay Supply Inc. with prior written notice describing the nature and features of your website and the proposed appearance and location of the Third Party Link; and 
2. obtain the prior written consent of  NexDay Supply Inc. to establish the Third Party Link and abide by any terms and conditions required by NexDay Supply Inc. as part of its consent.

NexDay Supply Inc. may at any time, in its sole and absolute discretion, revoke its consent to establish a Third Party Link, with or without cause, upon reasonable notice to you.  Upon exercise of this right by NexDay Supply Inc., you must immediately remove all of your links to the Website and must cease all use of the NEXDAYSUPPLY.CA IP.  If you refuse or neglect to remove all of your links to the Website or to cease using the IP, you acknowledge that such refusal or neglect will result in immediate and irreparable damage to NexDay Supply Inc. and that NexDay Supply Inc. shall be entitled to relief in the way of temporary and permanent injunctions and such other and further relief as a court may deem just and proper.

NexDay Supply Inc. is not responsible or liable, directly or indirectly, in any way for any content available on a third party website that has established a link to the Website.  

Registration, Account and Password

Certain Content on the Website may require registration or subscription.  In addition, the purchase of products advertised for sale on the Website requires registration.  Should you choose to register or subscribe for any such Content or to purchase products via the Website, you agree to provide accurate and current information about yourself as required by the relevant registration or subscription process and to promptly update such information as necessary to ensure that it is kept accurate and complete. Your personal and business information provided in a) account registration b) shipping information and c) billing information is accurate and you have the prior authority to enter into these Terms & Conditions on behalf of any 3rd parties included in the aforementioned information requirements. You authorize contact with any 3rd Parties included in any of the aforementioned information requirements and that they may be subject to various forms of verification for purposes of misuse or fraud.

You agree to be responsible for:

1. maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration or subscription process; and

2. all activities that occur under your account or password.


You further agree to:

1. notify NexDay Supply Inc. immediately of any unauthorized use of your password or account; and 
2. ensure that you log out of your account and close your browser window upon completing your use of the Website.

NexDay Supply Inc. shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section of these Terms of Use.

Electronic Commerce & Communications

You expressly provide consent to receive all communication regarding your Account Status, Sales Order Confirmations, Shipping Confirmations, Invoices, Payment Confirmations in electronic form and in the language of English to the email address that is used as your email account to Sign In and access your NexDay Supply account. Failure to provide continued consent to communicate electronically will result in the termination or suspension by NexDay Supply Inc. of your use of, or access to, the Website.
 

Conditions & Disclaimers

You expressly understand and agree that:

1. The Content and the Links are provided for informational purposes only.
2. The Website, the Contents and the Links are provided on an “AS IS” and “AS AVAILABLE” basis.  
3. Any use of, or reliance on, the Website, the Contents, the Product Pictures and/or the Links is at your sole risk.
4.  NexDay Supply Inc. AND ITS LICENSEES, AFFILIATES OR SUBSIDIARIES AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS DO NOT MAKE ANY, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW EXPRESSLY DISCLAIM ALL, REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THE WEBSITE, THE CONTENT AND/OR THE LINKS INCLUDING, WITHOUT LIMITATION:
a. WARRANTIES OR CONDITIONS OF TITLE AND NON-INFRINGEMENT;
b. IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND SUITABILITY FOR A PARTICULAR PURPOSE;
c. WARRANTIES OR CONDITIONS THAT THE CONTENT WILL BE USEFUL OR MEET YOUR REQUIREMENTS OR EXPECTATIONS, THAT THE CONTENT WILL BE AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF DEFECTS, COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE RESULTS THAT MAY BE OBTAINED THROUGH USE OF THE WEBSITE WILL BE COMPLETE, ACCURATE OR RELIABLE;
d. WARRANTIES OR CONDITIONS AS TO PRIVACY OR SECURITY; AND 
e. WARRANTIES OR CONDITIONS ARISING FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, WITH RESPECT TO THE WEBSITE, THE CONTENT OR THE LINKS
5. No information, whether oral or written, obtained by you from NexDay Supply Inc., its licensees or employees or from the Website, shall create any warranty not expressly stated in these Terms of Use.

6. NSF or declined credit card payments processed are subject to a minimum $50.00 collection fee, in addition to any fee(s) as levied by 3rd Party Collection agents against amounts recovered on past due amounts.

7. Information contained in any email communication with NexDay Supply Inc. is considered private and confidential and/or proprietary between the sender and the recipients and/or its affiliates. The information transmitted is intended only for private use as it relates to transactions, inquiries or replies by any individual or entity to which it is addressed. All information shared or contained in any communication(s) are strictly prohibited from being posted to any public domain, Website, Review Site or Social Media sites etc. without the express permission of both parties in writing.

8.  Accounts will be considered inactive if there is no purchase activity or Points activity at any time for 1 year. Accounts will be terminated where account is delinquent or unsatisfactorily conducted for any reason, or if we in our sole discretion suspect any fraud in, or abuse of account.


Limitations of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT WILL  NexDay Supply, ANY OF ITS LICENSEES, AFFILIATES OR SUBSIDIARIES AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HAVE ANY RESPONSIBILITY OR LIABILITY IN CONNECTION WITH THE WEBSITE FOR ANY LOSS OR DAMAGES WHATSOEVER, WHETHER BASED ON PANDEMICS, STATE OF EMERGENCY REGULATIONS, CONTRACT, NEGLIGENCE OR OTHER LEGAL BASIS, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF OR ACCESS TO, OR ANY INCONVENIENCE, DELAY OR LOSS OF USE OF OR ACCESS TO, THE WEBSITE, ANY CONTENT OR ANY LINKS OR FAILURE OF THE WEBSITE OR ANY LINKS (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES SUFFERED AS A RESULT OF OMISSIONS OR INACCURACIES IN THE WEBSITE, ANY CONTENT OR ANY LINKS OR THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION TO OR FROM THE WEBSITE OR ANY LINKS).  THESE LIMITATIONS APPLY EVEN IF THE PARTY LIABLE OR ALLEGEDLY LIABLE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS OR IF SUCH LOSS OR DAMAGE WAS FORESEEABLE.

You expressly acknowledge that NexDay Supply Inc. is entering into these Terms of Use and is making the Website, Content and Links available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein and that the same form an essential basis of the contract between you and NexDay Supply Inc..  You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of, a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or the termination or suspension by NexDay Supply of your use of, or access to, the Website.

Guarantees

You represent and warrant that:

1. You are an individual and over the age of majority in the jurisdiction in which you are resident.
2. You are using the Website in a jurisdiction where access to, or use of, the Website (or any part thereof) is not prohibited or illegal.
3. You are personally bound for transactions submitted (regardless of business name) and these Terms and Conditions, for your personal use and only as authorized by these Terms of Use.
4. You are fully authorized, able and competent to enter into, and abide by, these Terms of Use.

Indemnity

You agree to defend, indemnify and hold harmless each of NexDay Supply Inc., its licensees, affiliates, subsidiaries and each of their respective directors, officers, employees, and agents, including all third parties mentioned on the Website, from and against any and all claims, actions or demands, including, without limitation, reasonable legal and accounting fees, resulting from or related to, or alleged to result from or relate to: 

1. your breach of any of these Terms of Use;
2. your access to, use of or reliance on the Website and/or any of the Content, and/or any of the Links; or 
3. your communications or dealings with any third parties mentioned on the Website.

Changes to the Website

NexDay Supply Inc. may, at any time without notice or liability, and for any reason whatsoever, change, suspend or terminate any aspect of the Website including, without limitation, any of the Content and any of the Links.  NexDay Supply Inc. reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Website at any time without notice or liability, but does not have a duty to do so.

Products Available for Sale

The Website can be accessed from Canada and other countries around the world.  You understand that some or all products or services provided on the Website may not be available for purchase to persons or entities residing in certain jurisdictions or geographical areas.  NexDay Supply reserves the right, in its sole discretion, to exclude or otherwise limit the provision of any product or service to a person or entity residing in any jurisdiction or geographical area.  NexDay Supply Inc. does not represent or warrant that any product or service provided on the Website will be available for purchase to the User.  

Choice of Law

You agree that all matters relating to the use of the Website, including without limitation, any of the Content and/or any of the Links, or any dispute that might arise between you and us that pertains to NexDay Supply Business or this Agreement, shall be governed by the laws of the Province of British Columbia, the Federal laws of Canada and the Bills of Exchange Act applicable therein, without reference to conflict of law principles. NexDay Supply Inc. and you each agree to submit to the exclusive jurisdiction of the courts of the Province of British Columbia and to waive any objections based upon venue.

Privacy Policy

Any of your personal information which  NexDay Supply Inc. collects via the Website is subject to NexDay Supply Inc.’s  Privacy Policy and is incorporated as part of your acceptance to these Terms and Conditions of Use. By accepting our Terms and Conditions you also agree to our Privacy Policy which includes conditions of confidentiality related to your account and/or order status and use of Social Media. 

General

These Terms of Use constitute the entire agreement between  NexDay Supply and you with respect to your use of the Website including, without limitation, any of the Content and/or any of the Links.  These Terms of Use supersede all prior communications, representations or agreements, either oral or written, between  NexDay Supply Inc. and its licensees, affiliates or subsidiaries and each of their respective directors, officers, employees and agents and you with respect to the Website.  Additional terms and conditions may apply when you use Content provided by any other user or third party or any of the Links.
If any section (or part thereof) of these Terms of Use is determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining sections (or parts thereof) of these Terms of Use, which shall remain in full force and effect.  NexDay Supply Inc.’s failure to insist upon or enforce strict performance of any section of these Terms of Use or any right shall not be construed as a waiver of any such section or right.

These Terms of Use shall ensure to the benefit of  NexDay Supply Inc. and its licensees, employees, subsidiaries and affiliates.   NexDay Supply Inc. may assign its rights and duties under these Terms and Conditions at any time without notice to you.  You may not assign your rights and duties under these Terms of Use to any individual or entity at any time.

Termination

You acknowledge and agree that NexDay Supply Inc. may, at any time without notice, in its sole and absolute discretion and without cause, suspend or terminate:

1. your use of, or access to, the Website including, without limitation, any of the Content and/or any of the Links; or

2. any of your registrations or subscriptions with the Website.

3.    any of your orders Pending Fulfillment

Special Orders

Special Orders cannot be cancelled once submitted. Special orders cannot be returned. When viewing the details of a product you will find under "Availability" these specifically noted items. These products are not stocked and require us to make a special order with the Manufacturer to bring this product in specially for you.

All orders for greater than 10 cases of any product are considered a Special Order if inventory on hand is not available to fill you order complete. When checking you "Order Status" online this condition will be confirmed, as well as, the anticipated shipping date of your order.

Shipping, Returns & Damage Reporting:

NexDay Supply Inc.’s Shipping Policy and Returns Policy is incorporated by reference and form part of these Terms and Conditions of Use. All sales are final. Title of goods purchased passes to the customer immediately upon tender of shipment to the carrier. Certain restrictions apply to Free Shipping promotions. These include use of our choice of carriers and shipping methods as well as other limitations.

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