PRICEADJUST.CA (“PriceAdjust”) makes this website available for your use, including for the provision of its on-line services to you (the “Site”), subject to your compliance with the Terms and Conditions set out below. By using this Site, you agree to be bound by these Terms and Conditions (the “Agreement”). If you do not wish to be bound by these Terms and Conditions, please do not access or use this Site. PriceAdjust reserves the right to terminate your permission to use this Site, in whole or in part, and/or to terminate or suspend the operation of this Site at any time and without prior notice.
Modifications to the Terms and Conditions
PriceAdjust reserves the right to change or add to these Terms and Conditions at any time and without prior notice. All changes and additions are effective immediately upon posting them to this screen. Your continued use of this Site will constitute agreement to abide and be bound by the Terms and Conditions as modified or supplemented from time to time.
Terms and Conditions
In these terms and conditions:
1.1 “we”, “us” and “our” are references to PriceAdjust
1.2 “Personal Information” means the contact, financial and other information that we collect or a user provides when posting an enquiry or any other information on the Site or when purchasing one of our services.
1.3 “Content” means any data or information that we collect or a user uploads to the Site, including any Brand, Model Number, Product Description or Pricing information in respect of an enquiry by such user;
1.4 “Sale Transaction” means a retail sale of a product or service made by a Seller to you;
1.5 “Seller” means any retail store, vendor or other person that has made a Sale Transaction to a user of our Site
1.6 the “Site” or “Site” means our website currently located at http://www.priceadjust.ca, and unless the context requires otherwise, related services and sites; and
1.7 “you” and “your” are references to you as the user of the Site.
2. Our Role
2.1 In making this Site available and in offering our services on this Site, our role is solely that of an independent party offering a service to run automated internet price checks in order to use our reasonable efforts to verify comparative pricing of a product or service purchased by you from a Seller that offers a price protection policy. We are not affiliated with any Seller and we are not involved in, and assume no responsibility or liability of any kind in respect of, any Sale Transaction made by you with any Seller, nor do we guarantee or provide any representation or warranty of any kind relative to the product or service you purchased under the Sale Transaction, or the price you paid. PriceAdjust is not an online store. Any recourse you have in relation to any Sale Transaction is solely with the Seller. Without limitation to the foregoing, if the Seller has offered you any kind of price protection plan, pledge or guarantee relative to the Sale Transaction (“Seller’s Price Protection Offer”), we do not provide any guarantee of that Seller’s Price Protection Offer.
2.2 Our role will be limited to performing automated internet searches for the relevant product or service under a Sale Transaction in order to determine if we can identify a lower price for the identical product or service offered by the same Seller that meets the requirements of Seller’s Price Protection Offer (“a Qualifying Sale Price”). In the event that we do identify a Qualifying Sale Price we will attempt to notify you about the Price Adjustment opportunity. It is your responsibility to supply copies of all receipts and other information and documentation we require in respect of the Sale Transaction in order to confirm that you are eligible for a refund based on the Qualifying Sale Price.
2.3 We do not guarantee that we will be able to identify a Qualifying Sale Price or, even if we do, that the Seller will honour the Seller’s Price Protection Offer. We are not responsible if your Sale Transaction does not qualify for a refund under Seller’s Price Protection Offer or, even if it does, for ensuring that the Seller will honour the Seller’s Price Protection Offer. A Seller’s Price Protection Offer may require your personal attendance at Seller’s retail location to claim a refund, and you agree that it is your responsibility to make such personal attendance in that event. We will have no responsibility to attend in person at any location of the Seller.
3. Our Fees
3.1 We do not charge you a fee for performing automated internet searches to see if we can identify a Qualifying Sale Price in respect of your Sale Transaction. However, if we identify what we believe is a Qualifying Sale Price, we will charge you a fee equal to 25% of the potential rebate available to you on the Sale Transaction based on the Qualifying Sale Price for each product or service. You will be given the option whether or not to proceed and your authorization to proceed shall be confirmation of your agreement to pay the fee owed to us. Our fee shall be deemed earned in full once we have completed our searches and we have notified you that a Qualifying Sale Price has been identified, and the fee must be paid to us prior to us specifically identifying the details of the Qualifying Sale Price to you.
3.2 If you authorize us to proceed with the application for refund and pay the fee owed to us, and thereafter, the Seller does not honour the Seller’s Price Protection Plan within 120 days of applying for the refund on your behalf, we agree that we will refund to you an amount equal to the fee actually paid to us in respect of the Sale Transaction. This refund shall be your sole recourse against us. You acknowledge that we do not guarantee receipt of the refund from the Seller.
4. Additional Terms and Conditions
4.2 By uploading, transmitting or posting Content, you grant us permission and a royalty free licence to use, edit, reproduce and communicate the Content on the Site and otherwise for the purposes for which you have uploaded it, including to permit us to perform any services purchased by you from us.
4.4 You must ensure that you are the owner of the Email Account used at registration or any contact information that you expressly or impliedly represent yourself as owning. We take no responsibility and assume no liability in that regard.
4.5 You must ensure that your access to and use of this Site is not prohibited under the terms of any current contract or other agreement to which you are a party. We accept no liability for any consequence of such a breach.
4.6 We make no representation as to the suitability of any Sale Transaction for a PriceAdjust enquiry following submission of Content to the Site, nor do we represent that your PriceAdjust enquiry will be or is likely to be the subject of a Seller’s Price Protection Offer or, even if it is, that the Sale Transaction will be eligible for a refund under a Seller’s Price Protection Offer
4.7 You affirm that you are aged 18 years or over or, if you are under 18 years old, that your use of our Site is being done under the supervision and with the consent of a legal parent or guardian. You warrant and undertake that you have the legal capacity and power to enter into a legal agreement with us on the terms and conditions contained herein and to perform your obligations under it and any agreement with any Seller that is the subject of a Sale Transaction submitted to PriceAdjust.
4.8 We do not make any representations or warranties that your access to the Site will be uninterrupted, timely, and secure or error free.
4.9 We do not accept responsibility for any loss or damage, howsoever caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this Site or any linked website, nor do we accept responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this Site.
4.10 To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions, is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited in accordance with Article 6 of this Agreement.
4.11 You must ensure that your access to this Site is not illegal or prohibited by laws which apply to you.
4.12 You must take your own precautions to ensure that the process which you employ for accessing this Site, does not expose you to the risk of viruses, malicious computer code or other forms of interference, which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this Site or any linked website.
4.13 While we have no reason to believe that any particular information contained on this Site is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this Site updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this Site.
4.14 Responsibility for the content of any information related to a Seller or a Sale Transaction rests solely with the said Seller, and responsibility for the content of any competitor information of the Seller rests solely with such competitor. Responsibility for the content of any postings or advertisements by any persons on this Site does not constitute a recommendation or endorsement by us of such person and such person is solely responsible for any representations made in connection with its posting/advertisement. We do not screen or monitor the background, conduct, suitability or trustworthiness of any person (whether a Seller, a competitor or a user of our Site) and we assume no liability for any such screening or monitoring.
4.15 All information contributed by us and appearing on the Site is provided in good faith. You accept that any such information provided by us is general information and is not in the nature of advice. We derive such information from sources which we believe to be accurate and up to date as at the date of publication. We nevertheless reserve the right to update this information at any time.
4.16 We do not verify, and we assume no liability for, the accuracy of the content of user enquiries or Seller responses and we have no control over the quality, safety or legality of any Seller’s products, services, pricing or refund responses or of any information obtained relative to the products, services or pricing of Seller or any competitor of a Seller. We do not and cannot represent or guarantee that any user is who the user claims to be, or that any Seller or competitor is who he, she or it claims to be.
4.17 We are not liable for any loss resulting from any action taken or reliance made by you on any information or material posted by us. You should make your own inquiries and seek independent advice from relevant industry professionals before acting or relying on any information or material which is made available to you through use of the Site. We will not be liable for any loss arising from any action or decision that you make in reliance on the Content or otherwise by using the Site.
4.18 We are not responsible for and accept no liability in respect of any material uploaded, posted or transmitted to the Site by any person other than us. Our editorial control is limited to the selection of materials to make available, although we reserve the right to review any content and remove as we see fit. Any opinions or advice by third parties remain the responsibility of those third parties and we do not guarantee the accuracy, completeness or usefulness of that content or its fitness for any particular purposes.
4.19 Where the information made available on this Site contains opinions or judgments of third parties, we do not purport to endorse the contents of that opinion or advice. We do not accept liability for loss or damage caused by your reliance upon any information obtained through this service and it remains your responsibility to evaluate the accuracy, completeness and usefulness of any such information.
4.20 When making payment for any service offered by us, you will pay by credit card. Credit card transactions will be secured using 128-bit Secure Sockets Layer (SSL) encryption technology or such other technology deemed by us to be appropriate. You are solely responsible for complying with our terms and conditions. Refunds will only be available in the event of an erroneous double charge or as otherwise required by law or under these Terms and Conditions.
4.21 PriceAdjust.ca is a website, you can contact us by sending an email to email@example.com
5. Ownership of Site and Content
5.1 The Site and all of its information and contents, such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, graphics, software and the HTML used to generate the pages (collectively, “Materials and Content“), is the property of PriceAdjust and its licensors and is protected under applicable patent, copyright and/or trademark law. The names and logos identifying the Site and PriceAdjust and its products and services are either trademarks of PriceAdjust or trademarks which PriceAdjust is licensed to use. Without our prior written permission, you may not in any form or by any means: (a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this Site; or (b) commercialize any information, products or services obtained from any part of this Site.
5.2 Unless we agree otherwise in writing, you are provided with access to this Site only for your personal use. You are authorized to print a copy of any information contained on this Site for your personal use, unless such printing is expressly prohibited. You may not use the Site if you live in a jurisdiction where access to or use of the Site may be illegal or prohibited by applicable law. You agree that any other use of the Material and Content is strictly prohibited and you agree that you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, commercially exploit or create derivative works of or distribute any Materials and Content from this Site in whole or in part, for any purpose without the specific prior written permission of PriceAdjust.
5.3 You must not use this Site: (a) in breach of any laws or regulations; (b) to impersonate any person, organization or entity; (c) to transmit unsolicited emails or spam; (d) to defame, abuse, harass, threaten or otherwise harm any person.
5.4 You also must not: (a) upload, post, transmit or otherwise make available on the Site any content that: (i) promotes, encourages or provides information about unlawful conduct or activities; (ii) infringes any third party’s intellectual property rights or breaches confidentiality; (iii) includes a photograph or other likeness, or personal information of another person without their consent;(iv) contains pornography, nudity, sexual acts or references; (v) contains profanities, swearing, or vulgarity; (vi) you reasonably suspect to be misleading, false or deceptive; (vii) contains viruses, worms or other types of malicious or harmful programs, nor take any action that imposes an unreasonable or disproportionately large load on our infrastructure; or (viii) advertises, promotes or solicits any goods or services; or (b) delete or alter any content that you have not posted; or (c) damage, modify, interfere with, disrupt or destroy the files, data, passwords, devices or resources that belong to us or do anything that compromises the security of the Site.
5.5 Parts of the Site may only be accessible to users using Sign Sign On Authentication through their Email Provider (collectively “Credentials“). For the purposes of accessing the Site, the Credential tokens remain the property of PriceAdjust and may be cancelled or suspended at any time by PriceAdjust in its discretion without any notice or liability to you or any other person. PriceAdjust is not under any obligation to verify the actual identity or authority of any person using Credentials to access and use the Site. PriceAdjust may act upon any communication that is given with the use of Credentials. If you have been issued Credentials: (i) you are fully responsible and liable for the security of the Credentials and any and all use and misuse of the Credentials; (ii) you will keep the Credentials secure and confidential at all times and not disclose the Credentials to any other person or permit any other person to use the Credentials; and (iii) you will immediately notify PriceAdjust by email to support@ priceadjust.ca if you know or suspect that any Credentials have been lost or stolen or become known to or used by any other person.
6. Limitations of Liability
6.1 THE SITE AND THE MATERIALS AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT REPRESENTATION, TERM, CONDITION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY LAW, CUSTOM OR OTHERWISE) IN RESPECT OF THE SITE AND/OR THE MATERIALS AND CONTENT. PRICEADJUST AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND THEIR RESPECTIVE AGENTS DISCLAIM ALL REPRESENTATIONS, TERMS, CONDITIONS AND WARRANTIES INCLUDING BUT NOT LIMITED TO, THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES, WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PRICEADJUST DOES NOT WARRANT THAT THE SITE OR ITS FUNCTION OR THE CONTENT AND MATERIALS OR THE SERVICES MADE AVAILABLE ON THE SITE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. PRICEADJUST MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
6.2 EXCLUSION OF LIABILITY . NEITHER PRICEADJUST NOR ANY OF ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, BUSINESS, MARKETS, SAVINGS, INCOME, PROFITS, USE, PRODUCTION, REPUTATION OR GOODWILL, ANTICIPATED OR OTHERWISE, OR ECONOMIC LOSS, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OR LAW OR EQUITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING WITHOUT LIMITATION GROSS NEGLIGENCE AND FUNDAMENTAL BREACH) BY PRICEADJUST OR ANY PERSON FOR WHOM PRICEADJUST IS RESPONSIBLE EVEN IF PRICEADJUST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE BEING INCURRED.
6.3 EXCLUSIVE REMEDY . THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO PRICEADJUST FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OR LAW OR EQUITY, REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING WITHOUT LIMITATION GROSS NEGLIGENCE AND FUNDAMENTAL BREACH), ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITE SHALL BE EQUAL TO THE FEE ACTUALLY PAID TO AND RECEIVED BY PRICEADJUST OR, WHERE NO FEE HAS BEEN PAID TO PRICEADJUST, $1.
7.1 You agree to fully indemnify and hold us harmless against any expenses, costs, loss or damage (including consequential loss) that we may suffer or incur as a result of or in connection with your use of the Site and any breach of these Terms and Conditions.
8. Linked Sites
8.1 This Site may contain links to other websites (“linked websites”). Those links are provided for convenience only and may not remain current or be maintained.
8.2 We are not responsible for the content or privacy practices associated with linked websites.
8.3 Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites. PriceAdjust makes no representations whatsoever about any other websites which you may access through the Site or which may link to the Site. Links to the Site without the express written permission of PriceAdjust are strictly prohibited. When you access any other website, you understand that it is independent from PriceAdjust and that PriceAdjust has no control over the content or availability of that website. In addition, a link to any other website does not mean that PriceAdjust accepts any responsibility for the content, or the use of, such website, and PriceAdjust shall not be liable for any loss, damage or offense caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. The framing, mirroring, scraping or data-mining of the Site or any of its materials or content in any form and by any means is strictly prohibited.
10. Security of Information and Cookies
10.1 No data transmission over the Internet can be guaranteed as totally secure. While we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information (i) we collect through your linked Email Accounts or (ii) which you transmit to us, including by upload via our Site, is transmitted at your own risk.
11. Termination of Access
11.1 The operation of, and your access to this Site may be terminated (whether temporarily or permanently) at any time by us without notice. Those terms and conditions capable of surviving termination will survive any such termination.
11.2 Access to this Site may be permanently terminated at any time by you without notice by visiting Your Account Settings page with your Email Service provider to manage Your Linked Accounts.
12.1 Our failure to take action with respect to any breach by you or others does not waive our right to take action with respect to subsequent or similar breaches.
13.1 To the extent permissible at law, the Agreement formed hereby is governed by the laws of the Province of Ontario, Canada.
13.2 You attorn to the exclusive jurisdiction of the courts of Ontario in order to resolve any dispute under this Agreement.
13.3 The parties hereto have expressly requested that this Agreement and all related documents be drafted in English. Les parties aux présentes ont expressément requis que les présentes et tout document y affèrent soient rédigés en langue anglaise.
13.5 If any of term or condition of this Agreement should be determined to be illegal, invalid or otherwise unenforceable, then to the extent such term or condition is illegal, invalid or unenforceable, it shall be severed and deleted from this Agreement and the remaining Agreement shall survive, remain in full force and effect and continue to be binding and enforceable.
14.1 By Registering for the Service, you acknowledge that you have read and understand the above Terms and Conditions and that you agree to all of the Terms and Conditions. By Registering for the Service, you agree to be bound in all respects by the Agreement.