TERMS OF SERVICE

  1. Introduction

This website is operated by Atlas Lighting & Sales Ltd. The terms “we”, “us”, and “our” refer to Atlas Lighting, its directors, assigns, and affiliated companies. The use of our website is subject to the following terms and conditions of use, as amended from time to time (the “Terms”). The Terms are to be read together with any additional terms, conditions, or disclaimers provided on the pages of our website. Please review the Terms carefully. The Terms apply to all users of our website, including, without limitation, browsers, customers, merchants, vendors, and/or contributors of content. By accessing and using this website, you accept and agree to be bound by and comply with the Terms and our Privacy Policy. If you do not agree to the Terms or our Privacy Policy, you are not authorised to access our website, use any of our website’s services, or place an order on our website.

  1. Use of our Website

You agree to use our website for legitimate purposes and not for any illegal or unauthorised purpose, including without limitation, in violation of any intellectual property or privacy law. By agreeing to the Terms, you represent and warrant that you are at least the age of majority in your state or province of residence and are legally capable of entering into a binding contract. You agree not to use our website to conduct any activity that would constitute a civil or criminal offence or violate any law. You agree not to attempt to interfere with our website’s network or security features or to gain unauthorised access to our systems. You agree not to use your login credentials to empower automated screen scraping programs, stock and price check algorithms, or to spy on our volume of sales or to repost our products on another website. You agree to provide us with accurate personal information, such as your email address, mailing address, and other contact details in order to complete your order or contact you as needed. You agree to promptly update your account and information. You authorise us to collect and use this information to contact you in accordance with our Privacy Policy.

  1. General Conditions

We reserve the right to refuse service to anyone, at any time, for any reason. We reserve the right to make any modifications to the website, including terminating, changing, suspending, or discontinuing any aspect of the website at any time, without notice. We may impose additional rules or limits on the use of our website. You agree to review the Terms regularly, and your continued access or use of our website will mean that you agree to any changes. You agree that we will not be liable to you or any third party for any modification, suspension, or discontinuance of our website or for any service, content, feature, or product offered through our website.

  1. Products or Services

All purchases through our website are subject to product availability. We may, in our sole discretion, limit or cancel the quantities offered on our website or limit the sales of our products or services to any person, household, geographic region, or jurisdiction. Prices for our products are subject to change without notice. Unless otherwise indicated, prices displayed on our website are quoted in Canadian dollars. We reserve the right, in our sole discretion, to refuse orders. If we believe that you have made a false or fraudulent order, we will be entitled to cancel the order and inform the relevant authorities. We do not guarantee the accuracy of the colour or design of the products on our website. We may substitute your product for an identical or very similar product in another brand. We will inform you of this before we do it and should you approve this substitution, you cannot use the substitution as the reason for an expenses-paid return by us (see Delivery and Return Policy [insert link]). We have made efforts to ensure the colour and design of our products are displayed as accurately as possible on our website.

  1. Links to Third-Party Websites

Links from or to websites outside our website are provided for convenience only. We do not review, endorse, approve, or control, and are not responsible for any sites linked from or to our website, the content of those sites, the third parties named therein, or their products and services. Linking to any other site is at your sole risk, and we will not be responsible or liable for any damages in connection with such linking. Links to downloadable software sites are provided for convenience only, and we are not responsible or liable for any difficulties or consequences associated with downloading the software. The use of any downloaded software is governed by the terms of the licence agreement, if any, which accompanies or is provided with the software.

  1. Use Comments, Feedback, and Other Submissions

You acknowledge that you are responsible for the information, profiles, opinions, messages, comments, and any other content (collectively, the “Content”) that you post, distribute, or share on or through our website or services available in connection with our website. You further acknowledge that you have full responsibility for the Content, including but not limited to, its legality and its trademark, copyright, and other intellectual property ownership. You agree that any Content submitted by you in response to a request by us for a specific submission may be edited, adapted, modified, recreated, published, or distributed by us. You further agree that we are under no obligation to maintain any Content in confidence, to pay compensation for any Content, or to respond to any Content. You agree that you will not post, distribute, or share any Content on our website that is protected by copyright, trademark, patent, or any other proprietary right without the express consent of the owner of such proprietary right. You further agree that your Content will not be unlawful, abusive, or obscene, nor will it contain any malware or computer virus that could affect our website’s operations. You will be solely liable for any Content that you create and its accuracy. We have no responsibility and assume no liability for any Content posted by you or any third party. We reserve the right to terminate your ability to post on our website and to remove and/or delete any Content that we deem objectionable. You consent to such removal and/or deletion and waive any claim against us for the removal and/or deletion of your Content.

  1. Indemnification and Compliance with Local Regulation

    1. Mercury-Containing Products

      Some light bulbs sold by us contain mercury, a substance regulated by various national, state, provincial, and local jurisdictions. It is the buyer’s responsibility to ensure that the purchase, use, and disposal of these mercury-containing products comply with all applicable laws and regulations in their area.

    2. Buyer Responsibility

      By purchasing mercury-containing products from us, the buyer acknowledges and agrees to take full responsibility for complying with all relevant regulations regarding the handling, usage, and disposal of such products.

    3. Indemnification

      The buyer agrees to indemnify, defend, and hold harmless us, our affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with the buyer’s non-compliance with applicable regulations or any harm caused by the improper use or disposal of mercury-containing products.

  1. International Purchases and Import Duties

    1. International Shipments

      When purchasing products from us for delivery outside of Canada, the buyer is responsible for ensuring compliance with all applicable import laws and regulations of the destination country.

    2. Import Duties and Fees

      The buyer acknowledges and agrees that they are solely responsible for all import duties, taxes, and customs fees associated with the international shipment of products. These fees are not included in the product price or shipping cost and must be paid by the buyer as required by the customs authorities of the destination country.

  2. Errors and Omissions

Please note that our website may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time, without prior notice (including after an order has been submitted). Such errors, inaccuracies or omissions may relate to product description, pricing, promotion and availability and we reserve the right to cancel or refuse any order placed based on incorrect pricing or availability information, to the extent permitted by applicable law. We do not undertake to update, modify or clarify information on our website, except as required by law.

  1. Disclaimer and Limitation of Liability

You assume all responsibility and risk with respect to your use of our website, which is provided “as is” without warranties, representations, or conditions of any kind, either express or implied, with regard to information accessed from or via our website, including, without limitation, all content and materials, and functions and services provided on our website, all of which are provided without warranty of any kind, including but not limited to warranties concerning the availability, accuracy, completeness, or usefulness of content or information, uninterrupted access, and any warranties of title, non-infringement, merchantability, or fitness for a particular purpose. We do not warrant that our website or its functioning or the content and material of the services made available thereby will be timely, secure, uninterrupted, or error-free, that defects will be corrected, or that our website or the servers that make our website available are free of viruses or other harmful components. The use of our website is at your sole risk, and you assume full responsibility for any costs associated with your use of our website. We will not be liable for any damages of any kind related to the use of our website. In no event will we, or our affiliates, or their respective content or service providers, or any of our or their respective directors, officers, agents, contractors, suppliers, vendors, or employees be liable to you for any direct, indirect, special, incidental, consequential, exemplary, or punitive damages, losses or causes of action, or lost revenue, lost profits, lost business or sales, or any other type of damage, whether based in contract or tort (including negligence), strict liability, or otherwise, arising from your use of, or the inability to use, or the performance of, our website or the content or material or functionality through our website, even if we are advised of the possibility of such damages. Certain jurisdictions do not allow limitation of liability or the exclusion or limitation of certain damages. In such jurisdictions, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and our liability will be limited to the maximum extent permitted by law.

  1. Indemnification

You agree to defend and indemnify us, and hold us and our affiliates harmless, including our and their respective directors, officers, agents, contractors, and employees, against any losses, liabilities, claims, expenses (including legal fees) arising in any way from, related to, or in connection with your use of our website, your violation of the Terms, or the posting or transmission of any materials on or through the website by you, including, but not limited to, any third-party claim that any information or materials provided by you infringe upon any third party’s proprietary rights.

  1. Entire Agreement

The Terms and any documents expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of the Terms and supersede any prior agreement, understanding, or arrangement between you and us, whether oral or written. Both you and we acknowledge that, in entering into these Terms, neither you nor we have relied on any representation, undertaking, or promise given by the other or implied from anything said or written between you and us prior to these Terms, except as expressly stated in the Terms.

  1. Waiver

Our failure to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us is effective unless it is communicated to you in writing.

  1. Headings

Any headings and titles herein are for convenience only.

  1. Severability

If any of the provisions of the Terms are determined by a competent authority to be invalid, unlawful, or unenforceable, such provision will, to that extent, be severed from the remaining Terms, which will continue to be valid and enforceable to the fullest extent permitted by law.

  1. Governing Law

Any disputes arising out of or relating to the Terms, the Privacy Policy, use of our website, or our products or services offered on our website will be resolved in accordance with the laws of the Province of Ontario without regard to its conflict of law rules. Any disputes, actions, or proceedings relating to the Terms or your access to or use of our website must be brought before the Canadian courts in the Province of Ontario and the City of Toronto, and you irrevocably consent to the exclusive jurisdiction and venue of such courts.

  1. Questions or Concerns

Please send all questions, comments, and feedback to us by filling out the General Inquiry Form.