The “Services” mean Jade Transport's products, software, services, and Website (including, but not limited to text, graphics, images, and other material and information) available from Jade Transport, either via the Website or otherwise, and through Jade Transport’s third-party vendors and business partners (“Third Parties”).
Third Parties may have their own, possibly different, terms or policies relating to your use of the Services. We encourage you to read any applicable terms or policies. Because Jade Transport has no control over its Third Parties, you acknowledge that Jade Transport shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advice, advertising, products, or other materials available on or through any such Third Party.
Please note that your use of the Services constitute your agreement to follow and be bound by the terms of this Agreement. If you do not agree to this Agreement, please do not use the Services. Jade Transport may revise this Agreement at any time, at its sole discretion, by posting an amended Agreement on the Website or the applicable Service on which these terms appear. Any changes that Jade Transport makes to this Agreement will be effective immediately upon posting.
Ownership. You acknowledge and agree that Jade Transport owns all legal right, title, and interest in and to the Services, including any intellectual property rights (including but not limited to patents, copyright, and trademark) which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Jade Transport and that you shall not disclose such information without Jade Transport's prior written consent.
You further acknowledge and agree that the Services may contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Services or Third Parties is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by Jade Transport, you agree not to, and not to permit anyone else to, modify, rent, lease, loan, sell, distribute, or create derivative works of, reverse engineer, decompile, or otherwise attempt to extract the source code of the Services or any part thereof, in whole or in part.
User Representations and Covenants. By accessing and using our Services you acknowledge and agree:
You acknowledge that Jade Transport takes no responsibility for any information that you produce or share in connection with the use of its Services.
You acknowledge that you are solely responsible for all activity that occurs in association with your use of the Website and Services and that Jade Transport is not responsible for any breach of your obligations under this Agreement and the consequences of any such breach.
You agree to waive all property rights in any research or commercial products that may be developed by Jade Transport or its partners. Jade Transport will not provide you with compensation for data collected through your use of our Services.
No Advice or Endorsement. Jade Transport is an independent operation and does not endorse, and makes no representation or warranty in respect of any other service. You acknowledge that Jade Transport is not responsible for the quality or performance of any services, including the Services or other products, procedures, opinions, tests, resources, websites, resources, and other materials mentioned on, or accessed through, the Services.
Billing and Orders. Jade Transport reserves the right to refuse any order, and may, in its sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that Jade Transport makes a change to or cancels an order, it may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. Jade Transport reserves the right, at its sole discretion, to limit, prohibit, refuse or cancel any order for any reason, including, without limitation, orders that appear to have been placed by dealers, resellers, or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made using the Website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that Jade Transport can complete your transactions and contact you as needed.
For more detail, please review the Return Policy.
Advertisements, Order Acceptance and Payment. Any advertisements on the Website are invitations to you to make offers to purchase products and services and are not offers to sell. Your properly completed and submitted online order constitutes your offer to purchase the products and services selected in your order. Your order will be deemed to be accepted only if and when Jade Transport sends a notice of acceptance of your order by email to your email address.
Pricing. The prices displayed on the Website are quoted in Canadian Dollars and are valid and effective only within Canada, and such prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and taxes (including sales taxes) that may apply to your order. Jade Transport cannot confirm the price of a product until your order is accepted by it. Prices for our products are subject to change without notice. Jade Transport shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any product or service.
Inaccuracies. Jade Transport endeavors to present the most recent, most accurate, and most reliable information on the Website at all times. However, there may be occasions when some of the information may contain incomplete data, typographical errors, or inaccuracies, including incorrect specifications for products or services. Jade Transport presents the Website “as is” and Jade Transport makes no claims to its accuracy, either expressed or implied. Jade Transport reserves the right to amend errors or to update product and service information at any time without prior notice. Jade Transport does not warrant that the Website including, without limitation, product and service descriptions or photographs, is accurate or complete. In the event a product or service is listed at an incorrect price due to error, Jade Transport shall have the right to refuse any orders made for products or services listed at the incorrect price. (including orders that have already been submitted).
Colours. Jade Transport has made every reasonable effort to display as accurately as possible the colours of products that appear on the Website. However, as the actual colours of the products may vary. Variations may exist in the actual colour of the products. Additionally, your computer monitor may inaccurately display the colour. For these reasons, Jade Transport cannot guarantee that the colour of the products will be accurately displayed on the Website
Sizes. Product dimensions listed on the Website may be approximate.
Availability. This Website displays products available for purchase in Canada, however. However, not all products are available at all times and products may be changed, substituted or discontinued at any time, without notice. Many featured items are selected in limited quantities, may not be available for purchase on the Website. Products are only available while supplies last. Jade Transport reserves the right to limit quantities of products available for purchase. Jade Transport reserves the right to limit the sale of its products or services to any person, geographic region or jurisdiction. Jade Transport may exercise this right on a case-by-case basis. Jade Transport reserves the right to limit the quantities of any products or services offered. All descriptions of products or product pricing are subject to change at anytime without notice, at Jade Transport’s sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
DISCLAIMER. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT: (1) YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. JADE TRANSPORT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. (2) JADE TRANSPORT MAKES NO WARRANTY THAT (a) THE SERVICES WILL MEET YOUR REQUIREMENTS; (b) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS AND (e) ANY ERRORS WILL BE CORRECTED. (3) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (4) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM JADE TRANSPORT OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. (5) YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR THOSE FOR WHOM YOU HAVE LEGAL AUTHORITY. JADE TRANSPORT DOES NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES AND, THEREFORE, JADE TRANSPORT SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES.
LIMITATION OF LIABILITY. WITHIN THE LIMITS ALLOWED BY APPLICABLE LAWS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT JADE TRANSPORT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF JADE TRANSPORT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICES; (b) ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN THROUGH OR FROM THE SERVICES, (c) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (d) UNAUTHORIZED ACCESS TO, USE OF, ALTERATION OF OR DESTRUCTION OF YOUR TRANSMISSIONS OR DATA, INCLUDING YOUR PERSONAL INFORMATION; (e) THE IMPROPER AUTHORIZATION FOR THE SERVICES BY SOMEONE CLAIMING SUCH AUTHORITY; or (f) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES.
IN ANY EVENT, THE TOTAL LIABILITY OF JADE TRANSPORT, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND ADVISORS, TO YOU ARISING OUT OF ANY THEORY OF LIABILITY WHATSOEVER (INCLUDING NEGLIGENCE) SHALL BE THE TOTAL AMOUNTS PAID TO JADE TRANSPORT BY YOU.
Release. The Services are only for informational purposes. In the event that you have a dispute arising from the use of the Services, you release Jade Transport, its affiliates and Third Parties (and their respective officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Indemnification. You agree to indemnify, defend, and hold harmless Jade Transport, its officers, directors, employees, agents, affiliates, licensors, Third Parties, and suppliers from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from (a) any violation of these terms and conditions, (b) any allegation that any information or material submitted by you to Jade Transport violates any intellectual property, proprietary, contract, or other right of any third party, or (c) any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Services using your account.
Linking. The Services provide, and Third Parties may provide, links to other sites and resources on the Internet. Because Jade Transport has no control over such sites and resources, you acknowledge and agree that Jade Transport is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advice, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Jade Transport shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advice, advertising, products, or other materials available on or through any such hyperlinked site or resource.
Severability. If any 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.
Amendments and Waivers. No amendment or waiver of any provision of this Agreement shall be binding on either party unless consented to in writing by such party. No waiver of any provision of this Agreement shall constitute a waiver of any other provision, nor shall any waiver constitute a continuing waiver unless otherwise provided.
Force Majeure. Jade Transport shall not be liable for any breach of this Agreement by it to the extent that such breach arises from any act of God, war, national emergency, act of terrorism, riot, civil commotion, fire, explosion, flood, storm, epidemic, power outage, fuel shortage or any other similar cause beyond the reasonable control of Jade Transport.
Applicable Law. This Agreement shall be construed, interpreted and enforced in accordance with, and the respective rights and obligations of the parties shall be governed by, the laws of the Province of Manitoba and the federal laws of Canada applicable therein, and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of such province and all courts competent to hear appeals therefrom.
Language. 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.
Survival. All terms of this Agreement, which by their nature are intended to survive termination of this Agreement, including without limitation, sections entitled “Permitted and Prohibited Uses”, “Limitation of Liability”, “User Representations and Covenants”, and “No Advice or Endorsement”, shall so survive termination.