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Website Policies / Terms & Conditions

1. Terms and Conditions

 

  • In accordance with the following 'Terms and Conditions', K. & W. Sales Ltd.. grants to you as an authorized user of this K. & W. Sales Ltd. Website certain rights as set out below and in return you hereby agree to adhere to certain obligations. 

  • This is a legal document and you agree to be bound by these Terms and Conditions by entering this Website and/or using any of the content as set out by the Website known as kandwautosalesltd.com

 

2. Licence to Use Content on the Website

 

  • K. & W. Sales Ltd. allows you a non-exclusive, non-transferable, royalty-free licence to use content on the Website, which, includes software, documentation, text, pictures, graphics, articles, and advertising material.

  • You are entitled to view, copy, print, access, download and transmit only for purposes expressly permitted in the Terms and Conditions as set out below.  BUT, only to Save,  the K. & W. Sales Ltd. materials provided that you do NOT:

  • Remove any notices relating to the ownership of copyright or other property rights in the K. & W. Sales Ltd. material;

  • Modify, translate, reverse engineer, reproduce, disassemble (except as expressly permitted by law) or create derivative works of any of the K. & W. Sales Ltd. content;

  • Rent, lease, sub-licence, loan, copy or give or transfer any rights in the K. & W. Sales Ltd. content in any form, to any person or entity without the prior written consent of K. & W. Sales Ltd..

  • Any product, process or technology referred to in the K. & W. Sales Ltd. material may be subject to other intellectual property rights of K. & W. Sales Ltd. and are therefore not made available.

 

4. Duration of User Terms and Termination

 

  • These User Terms are binding upon you immediately. You accept them by your use of this Website, and they will remain in force until the earlier of the following:

  • You breach any of the terms of the licence granted to you.

  • K. & W. Sales Ltd. terminates the terms by notice to you at any time in accordance with these Terms and Conditions.

  • You terminate these Terms by notice to K. & W. Sales Ltd. at any time in accordance these Terms and Conditions

  • In the event that these Terms and Conditions are terminated for any of the reasons stated above, you agree to comply with the following obligations:

  • The licence granted to for the use of this site shall be terminated forthwith and you shall have no further rights to use the K. & W. Sales Ltd. Content;

  • You must delete or destroy any of the K. & W. Sales Ltd. Content stored by you in electronic or hard copy form as soon as reasonably practicable; and

  • You will have no further rights to access or use the Website or any of the services provided on the Website. 

 

5. K. & W. Sales Ltd.'s Responsibilities

 

  • K. & W. Sales Ltd. undertakes to use commercially reasonable endeavours to prevent breaches of security of the Website.

  • The Web Site is provided by K. & W. Sales Ltd. on an "as is" and "as and when available" basis to you. You use the Website at your own risk.

  • K. & W. Sales Ltd. makes no representation or warranty that the Website or services offered via the Website will be accessible, or useable by you or error free. K. & W. Sales Ltd. uses reasonable efforts to include accurate and up-to-date information on the Website.  The information, documents or other items provided or available on this Web Site could Ltd include technical inaccuracies or typographical errors.  K. & W. Sales Ltd. makes no warranties or representations as to its accuracy.  K. & W. Sales Ltd. assumes no liability or responsibility for any errors or omissions in the content on the Website. 

  • K. & W. Sales Ltd. is not an agent for and does not represent those persons, companies and other organizations whose goods or services may be displayed or referred to on the Website.

  • The advertisements placed on the Website by you or any other third party does not constitute any part of an offer or contract.  K. & W. Sales Ltd. makes no warranty or representation that the items advertised for sale via the Website are offered:

(i)                Free of encumbrance, charge or any other unexpired right in the item;

OR

(ii)              That such advertising is a statement or representation of fact.

·        You should carry out any checks or searches that may reveal faults in the title or suitability of the item for your own purposes and receive independent advice before you purchase such item.

 

·        K. & W. Sales Ltd. reserves the right, without notice to you, to remove any K. & W. Sales Ltd. content from the Website or to suspend or alter the operation of the Website or any of the services on the Website, at its sole discretion or for legal or technical reasons.  K. & W. Sales Ltd. will give you as much notice as possible prior to taking any of the actions described in this Clause, but prior notice may not always be feasible for a variety of reasons. K. & W. Sales Ltd. may make improvements and/or changes to the information or documents provided or available on this Website at any time.

 

·        K. & W. Sales Ltd. may make available to you information based on the opinion of K. & W. Sales Ltd. or on the opinion of an affiliate of K. & W. Sales Ltd.. You should not rely upon any such opinion as a recommendation by K. & W. Sales Ltd. of the goods or services available on the Website. Professional advice should be sought before purchasing any item on the Website or before entering into any legally binding agreement.

 

6. Your Responsibilities

 

  • You agree that you are responsible for the security and use of any user names or passwords needed to access or use the Website or any of the services on the Website.  You must take all reasonable steps to ensure that these usernames and passwords are kept confidential and secure and you do not allow any unauthorized person to access the Website or any of the services on the Website using your username or password.

  • You agree that you will not use the Web Site or any of the services on the Web Site as follows:

  • to send, receive, upload, download, store, use, distribute or publish any Content that is offensive, abusive, indecent, defamatory, obscene, or in breach of any other person's Intellectual Property Rights or breaches any obligation of confidentiality by which you are bound;

  • to send or distribute multiple unsolicited emails or messages (i.e. 'spam') or to cause any other person annoyance, inconvenience or worry;

  • for any purposes connected to any business, Ltd including sending any unsolicited advertisements or promotional Content.

  • You agree to indemnify K. & W. Sales Ltd. against any claims, costs, expenses or legal proceedings caused as a result of your use of the Website or the services on the Website.  Further, in these circumstances, K. & W. Sales Ltd. shall be entitled to treat the contravention as a Content breach of these Terms and Conditions and terminate any access permission granted to you by K. & W. Sales Ltd. forthwith, without notice to you.

 

7. Disclaimers

 

  • This site is not affiliated to nor endorses any other website that uses the formative K&W in its domain name or its trade name or uses the formative K&W as a trade-mark or as part of a trade-mark.

  • Information about K. & W. Sales Ltd. and any K. & W. Sales Ltd. affiliates that is posted on this Website has been extracted from publicly available data about K. & W. Sales Ltd. and the relevant K. & W. Sales Ltd. affiliates, as applicable. Such information contains a true and accurate picture of K. & W. Sales Ltd.'s activities as of the date when it was published. While every effort has been made to ensure the accuracy of all information contained on this Website and to update it regularly, K. & W. Sales Ltd. disclaims any duty or obligation to update the information herein and any liability for any inaccuracies. You should check to see if more recent information is available. 

  • K. & W. Sales Ltd. has used its discretion, best judgement and all reasonable efforts in collecting and preparing the information, documents (including copy, graphics, pictures, etc.) or other items provided or available on this Website, but any such information, document or other item is provided or available without any warranty of any kind, either expressed or implied, including, but not limited to, warranties of completeness, accuracy, fitness for a particular purpose, or non-infringement of any intellectual property rights.  K. & W. Sales Ltd. hereby disclaims any liability to any person for any kind of loss or damage including, but not limited to, any special, incidental, indirect or consequential damages caused by errors or omissions in the information, documents or other items provided or available herein, whether such errors or omissions result from negligence, accident or any other cause. 

  • Your use and browsing of the Website is at your risk. Neither K. & W. Sales Ltd. nor any other party involved in creating, producing, or delivering the Website is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of the Website.

  • Whilst K. & W. Sales Ltd. has used all reasonable efforts in maintaining this Website virus free, it declines any liability for personal or property damage, especially direct, indirect, immediate or subsequent pecuniary loss, which may result from transmission or downloading of computer viruses. Especially excluded is liability for hardware damage, loss of data, alteration of data, or downtime.

  • This Website may contain links or references to third party Contents and websites that are controlled and operated by parties other than K. & W. Sales Ltd.. The links will let you leave the Website and K. & W. Sales Ltd. is not responsible for any contents of third party Contents, any linked site or any link contained in a linked site.  The inclusion of any reference or link on the Website does not imply endorsement, publication, permission or authorization by K. & W. Sales Ltd. of the linked site. If you decide to access linked third party web sites or Contents, you do so entirely at your own risk.  K. & W. Sales Ltd. is providing these links and references only as a convenience. You should read the applicable terms and conditions and privacy policy of the linked third party web site before entering into an agreement with or purchasing from the third party, linked to the Website.

  • K. & W. Sales Ltd. is not and will not be a party to, or responsible for, any transaction concerning items advertised for sale on the Website.  All agreements are entered into by you and the third party advertiser and/or third party providing the goods and/or services only.

  • The express terms of these Terms and Conditions are in lieu of all warranties, conditions, undertakings, terms, and obligations implied by statute, common law, usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.

 

8. Notices

 

  • You may send a legal notice to K. & W. Sales Ltd., or any questions you may have concerning these Terms and Conditions by e-mail to inquiry@kandwautosalesltd , such notices will be effective within 3 days of receipt by K. & W. Sales Ltd.

  • K. & W. Sales Ltd. may send you notice by general notice on this Website, by e-mail to your e-mail address on record with K. & W. Sales Ltd., or by post to the geographical address on record with K. & W. Sales Ltd.. Such notice will be effective if sent by e-mail or posted on the Website, 1 day from the date it was sent or posted on the Web Site. If sent by regular post, it will be effective 3 days after posting by K. & W. Sales Ltd..

 

9. General

 

  • K. & W. Sales Ltd. reserves the right to add to or change the terms of these Terms and Conditions in its sole discretion without your prior consent.  All changes to the Terms and Conditions will be effective once posted on the Website.  K. & W. Sales Ltd. will provide notice on the Website of any changes to the Terms and Conditions for 30 days after K. & W. Sales Ltd. has posted the amended Terms and Conditions on the Website. Your continued use of the Website or any of K. & W. Sales Ltd.'s services available on the Website following K. & W. Sales Ltd.'s posting of such changes will be regarded by K. & W. Sales Ltd. as acceptance of the amended Terms and Conditions. If you do not agree to be bound by the amended Terms and Conditions you should exit the Website and not access or use any of K. & W. Sales Ltd.'s services on the Website in the future.

  • No variation or amendment to these Terms and Conditions by you is valid unless otherwise agreed by K. & W. Sales Ltd. in writing and signed by a duly authorized representative of K. & W. Sales Ltd. and you.

  • If any part of these Terms and Conditions are held by a court of competent jurisdiction to be unenforceable, the validity of the remainder of these User Terms will not be affected.

  • Your use of the Internet is solely at your risk and subject to all applicable laws, and K. & W. Sales Ltd. has no responsibility for any information, software, services or other Contents accessed or obtained by you using the Internet. K. & W. Sales Ltd. does not assume any liability for timely, trouble-free and uninterrupted access to the Internet.

  • These Terms and Conditions do not affect any consumer rights that you may have under the provisions of any applicable law or regulation.

 

These Terms and Conditions shall be governed by Canadian Law, and subject to the non-exclusive jurisdiction of the Canadian Courts.  K. & W. Sales Ltd. makes no representation that any information, Contents or functions included are appropriate for use in any other jurisdiction. If you access the Website you do such at your own initiative and are responsible for compliance with applicable local laws and regulations.

 

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