Terms & Conditions
1. Terms and Conditions of Use
Welcome to the online store website of Metrolinx. Our store is hosted on Shopify Inc. and they provide us with the online e-commerce platform that allows us to sell our products and services to you. SVS Marketing operates and maintains the online store website on behalf of Metrolinx. This page states the terms and conditions (the "Terms") which apply to your use of the Metrolinx online store website (the "Website"). By accessing and browsing the Website, you acknowledge that you have read, understood and agree to abide by and comply without limitation or qualification, to these Terms. If you do not agree with any of the Terms, please do not use the Website.
Metrolinx reserves the right to change, modify, alter or otherwise update the Terms applicable to the Website without prior written notice at any time, and from time to time, at Metrolinx’s sole discretion, such updated or revised Terms will be posted on this Website. Please check the Terms periodically for changes. Your continued use of this Website following the posting of any changes to the Terms constitutes acceptance of those changes.
In using this Website, you agree:
- not to disrupt or interfere with the security of, or otherwise abuse, the Website, or any services, system resources, accounts, servers or networks connected to or accessible through the Website or affiliated or linked websites;
- not to disrupt or interfere with any other user's enjoyment of the Website or affiliated or linked websites;
- not to upload, post, or otherwise transmit through or on the Website any viruses or other harmful, disruptive or destructive files; and
- not to attempt to obtain unauthorized access to the Website or portions of the Website which are restricted from general access.
Metrolinx attempts to be as accurate as possible in describing all information pertaining to the Website (including all Content (as defined below) thereon). Although every attempt has been made to ensure its accuracy, Metrolinx does not represent or warrant that any Content of the Website is accurate, complete reliable, current or error-free. Any views expressed or made available by third parties on the Website or in its Content are those of the respective third parties and not of Metrolinx.
3. Intellectual Property Rights
Material on the Website, including but not limited to text, data, wallpaper, icons, images, illustrations, audio clips, video clips, surveys, information, artwork, graphics, music, software and special promotions, (collectively the "Content") (through license or otherwise), is owned and controlled by Metrolinx, and Metrolinx does not represent or warrant that such material does not infringe the rights of any other person or entity. The Content on the Website is protected in Canada and in other jurisdictions by the Copyright Act and by virtue of the applicable international treaties. You may not sell or modify any of the Content or reproduce, download, upload, transmit, republish, display, perform, distribute, decompile, reverse engineer, disassemble, create derivative works from software which forms part of the Content or otherwise use any part of the Content in any manner whatsoever without the prior written consent of Metrolinx or the applicable third party or except as specifically permitted on this Website. The use of the Content on any other website or networked computer is strictly prohibited. Any infringement of Metrolinx’s rights will result in appropriate legal action.
Trademarks, logos and service marks (collectively, "Marks") displayed on the Website are registered or unregistered Marks which are the property of Metrolinx or other third parties. The display of these Marks on the Website does not imply that a license or right of any kind has been granted. You are not permitted to use or display any of these Marks without the prior written consent of Metrolinx or the applicable third party. Nothing in the Website is to be interpreted as conferring a right to use the Marks or the material protected by the Copyright Act.
Notwithstanding the foregoing, Metrolinx authorizes you to make one electronic or paper copy of the information posted on any page of the Website provided that the copy is used solely for non-commercial, personal purposes, the Content is not to be altered, redistributed, published, broadcast or copied and, in each and every case, provided that any such copy remains protected by all copyright, trademarks, service marks and other proprietary notices.
4. Links to Resources
From time to time and for your convenience only, the Website may contain links to other websites that are entirely independent of Metrolinx and the Website and are otherwise owned and operated by independent bodies. These website links are provided as a convenience only. If you decide to visit such websites, you do so at your own risk. Metrolinx has not reviewed and does not guarantee the accuracy of information contained on such websites and Metrolinx disclaims, expressly and impliedly, any responsibility or liability for the accuracy, relevance, copyright, compliance, legality, decency or suitability of any material, content, products, services or information found on any linked website. The use of such links on the Website does not constitute in any manner a reflection on, affiliation with, or endorsement by Metrolinx of any such website or entity or its respective information, products or services and Metrolinx makes no representations or warranties, express or implied, concerning any products, services, information or security of the information found on any linked websites and you hereby irrevocably waive any claim against us with respect to such sites. It is up to you to take precautions to ensure that whatever you select for your use if free of such items as viruses, worms, Trojan horses and other items of a destructive nature. In no event will Metrolinx be liable to any party for any direct, indirect, special or other consequential damages for any use of any hyperlinked website, including, without limitation, any lost profits, business interruption, lost programs or other data on your information handling system or otherwise, even if we are expressly advised of the possibility of such damages.
5. Third-Party Services
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us. However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information you provide or the information we are required to provide to them for your purchase-related transactions. For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers. By making a purchase on this Website, you are agreeing to the privacy policies of such third-party service providers.
In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located. As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
When you purchase an item from our store, as part of the buying and selling process, SVS Marketing collects the personal information you give us such as your name, address and email address. When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system. With your permission, we may send you emails about our store, new products and other updates.
When you provide personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, you consent to SVS Marketing collecting the personal information and using it for that specific reason only. If we request your personal information for a secondary reason (i.e. unrelated to a transaction), like marketing, we will collect your personal information only if you provide express consent. If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at any time, by sending us an email to email@example.com or by clicking on the “Unsubscribe” link.
Your data is stored through Shopify’s data storage, databases and the general Shopify application. Shopify stores your data on a secure server behind a firewall.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands such as Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
When you visit our websites, a small data file called a cookie is sent to your computer. Cookies are generally used to make it more convenient to use our websites. Persistent cookies are stored on your computer when you visit certain websites, while session cookies expire when you close your browser. Metrolinx may use either or both types of cookies. Session cookies facilitate your use and navigation of our sites, while persistent cookies identify your browser and IP (Internet Protocol) address, but do not collect personal information such as your name and address.
The use of these tools does not allow us or our analytics service providers to identify individuals. We will never use the statistical analytics tool to track or to collect any personal information of visitors to our sites.
You can opt out of analytics activity by setting your browser to refuse to accept cookies from Metrolinx websites. Some browsers can be set to accept all cookies, reject all cookies or notify you when you receive cookies. If you choose to modify your browser, some pages of the website may not function properly. Please consult your browser's Help Menu for instructions. For your information, Google currently offers a free Google Analytics opt-out tool for certain browsers.
At times our Website may request information from you via surveys. Participation in surveys is completely voluntary. At the time we conduct the survey, we will let you know how we intend to use the information collected. If you choose not to participate in surveys, you will still be able to use our Website.
Notwithstanding the foregoing, as the internet is not a secure medium, the privacy of your communications cannot be guaranteed. The nature of internet communications means that your use of the Website and communications to Metrolinx, either through the Website, email or otherwise, may be susceptible to data corruption, unauthorized access, interception and delays.
If you have any questions about the manner in which Metrolinx collects your personal information, you may contact the Sales Advisor, Marketing at 10 Bay Street, 16th Floor, Toronto, Ontario, M5J 2R8, (647) 921-3261.
Metrolinx may occasionally run contests that offer prizes and that will require you to provide us with your personal information. You must read and agree to all the terms, conditions and rules that apply to that contest before entering it. By entering such contests from time to time, you acknowledge that you have read such rules as may apply, and agree to be bound by them.
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
9. EXCLUSION AND DISCLAIMER OF WARRANTIES
METROLINX MAKES NO REPRESENTATION OR WARRANTY REGARDING THE FUNCTIONALITY, GOOD WORKING ORDER OR CONDITION OF THE WEBSITE, ITS SUITABILITY FOR USE, OR THAT ITS USE, OR ANY INFORMATION OR MATERIAL INCLUDING ANY DOWNLOADABLE SOFTWARE, ACCESSED FROM OR THROUGH THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. METROLINX DOES NOT REPRESENT, WARRANT OR UNDERTAKE THAT ANY ERRORS OR OMISSIONS ON OR RELATING TO THE WEBSITE WILL BE CORRECTED OR THAT ANY SERVER FROM WHICH THE WEBSITE IS OPERATED IS OR WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND METROLINX DOES NOT MAKE OR GIVE ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION: (I) WARRANTIES AS TO UNINTERRUPTED OR ERROR FREE TRANSACTIONS, PRIVACY, OR SECURITY, (II) ACCURACY, ADEQUACY OR COMPLETENESS OF INFORMATION OR RESULTS OBTAINED FROM THE USE OF INFORMATION PROVIDED ON THE WEBSITE; OR (III) MERCHANTABILITY, QUALITY, TITLE, DURABILITY, SUITABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE. THESE EXCLUSIONS ARE IN ADDITION TO ANY SPECIFIC EXCLUSION OTHERWISE PROVIDED IN THESE TERMS. USE OF THE WEBSITE AND ITS CONTENT IS ENTIRELY AT YOUR OWN RISK. METROLINX SHALL NOT BE RESPONSIBLE FOR ANY DETRIMENTAL RELIANCE YOU MAY PLACE ON THE WEBSITE OR ITS CONTENT. THE INFORMATION PROVIDED ON THE WEBSITE AND ITS CONTENTS IS FOR INFORMATION PURPOSES ONLY AND IS NOT INTENDED TO PROVIDE SPECIFIC ADVICE OF ANY KIND, INCLUDING WITHOUT LIMITATION FINANCIAL INVESTMENT, LEGAL, TAX OR ACCOUNTING ADVICE. IT SHOULD NOT BE RELIED UPON IN THAT REGARD, AND ANY RELIANCE ON YOUR PART IN THAT RESPECT IS SOLELY YOUR OWN RISK.
10. LIMITATION OF LIABILITY
METROLINX SHALL IN NO EVENT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES, LIABILITIES, CLAIMS, LOSSES, COSTS, EXPENSES OR INJURIES SUFFERED IN CONNECTION WITH OR IN ANY WAY RELATING TO OR RESULTING FROM YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, ITS CONTENT, MARKS OR ANY PORTION THEREOF, INCLUDING WITHOUT LIMITATION, YOUR VIEWING, USING, ACCESSING, COPYING, DOWNLOADING OR STORING ANY PART OF THE WEBSITE OR ITS CONTENT. UNDER NO CIRCUMSTANCES WHATSOEVER SHALL METROLINX BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR ECONOMIC ADVANTAGE), WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), EQUITY, OR OTHERWISE, AND REGARDLESS OF HOW SAME MAY ARISE EVEN IF METROLINX OR ANY OF ITS LAWFUL AGENTS, CONTRACTORS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OR COULD HAVE FORESEEN SUCH DAMAGES OR CLAIM.
METROLINX FURTHER DISCLAIMS ANY AND ALL LIABILITY FOR ANY CONSEQUENCES THAT MAY ARISE FROM ANY UNAUTHORIZED REPRODUCTION, ACCESS OR USE OF THE WEBSITE OR ITS CONTENT. IN NO EVENT WILL METROLINX BE LIABLE FOR DAMAGES OR LOSSES RESULTING FROM VIRUSES, DATA CORRUPTION, COMMUNICATION INTERCEPTION, WORK DELAYS, LOST PROFITS, FAILED MESSAGES, ARISING AS A RESULT OF TRANSMISSION ERRORS OR PROBLEMS, TELECOMMUNICATIONS SERVICE PROVIDERS, METROLINX’S CONTACTORS, THIRD PARTY SUPPLIERS OF PRODUCTS OR SERVICES, DAMAGES OR LOSSES CAUSED BY YOU OR YOUR RESPECTIVE EMPLOYEES, AGENTS OR SUBCONTRACTORS OR OTHER EVENTS BEYOND THE REASONABLE CONTROL OF METROLINX. ENSURING THAT YOUR DATA AND/OR EQUIPMENT USED IN CONNECTION WITH YOUR USE OF THE WEBSITE AND ITS CONTENT IS ADEQUATELY PROTECTED IS ENTIRELY YOUR RESPONSIBILITY. ANY REPRESENTATIONS, WARRANTIES OR COVENANTS WITH RESPECT TO ANY GOODS OR SERVICES REFERRED TO IN THE WEBSITE SHALL BE SUBJECT TO, GOVERNED BY, AND AS STATED IN THE APPLICABLE TERMS GOVERNING THE PROVISION OF SAME.
YOU AGREE THAT YOUR USE OF THE WEBSITE AND/OR THE CONTENT SHALL NOT BE MADE THE BASIS FOR ANY CLAIM, SUIT, DEMAND OR CAUSE OF ACTION OR OTHER PROCEEDING AGAINST METROLINX, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS. YOU AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND AND HOLD METROLINX, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS HARMLESS AGAINST ANY CLAIM, SUIT, DEMAND, ACTION OR OTHER PROCEEDING BROUGHT OR THREATENED BY A THIRD PARTY AS A RESULT OF (I) YOUR BREACH OF THESE TERMS; AND/OR (II) YOUR USE OF THE WEBSITE AND/OR THE CONTENT.
12. Applicable Law
Your use of this Website and these Terms shall be governed and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada without regard to the conflicts of laws principles thereof. You acknowledge that you have full legal capacity to use this Website and the Forums in accordance with the foregoing. By using this Website, you acknowledge and agree to submit and attorn to the exclusive jurisdiction of the courts of the Province of Ontario in this respect. If you use the Website from another jurisdiction, you are responsible for compliance with any and all applicable local laws. Metrolinx does not represent that the materials contained within the Website and any of its Content are appropriate or otherwise available for customers outside the Province of Ontario.
In addition to complying with these Terms, you agree to use the Website and Content for lawful purposes only and in a manner consistent with local, national or international laws and regulations. Some jurisdictions may have restrictions on the use of the Internet by their residents.