Terms
& Conditions
PLEASE
READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING
THIS WEB SITE. Your use of OxygenUP
is expressly conditioned on your acceptance without modification
of the following terms and conditions (the "Terms and
Conditions"). By using OxygenUP you signify your acceptance
of these Terms and Conditions.
OWNERSHIP
The OxygenUP website, its design, all text, graphics, content,
video, audio and the selection and arrangement thereof are
the property of OxygenUP and/or its various subsidiaries,
affiliates, OxygenUP Associate Dealers, third party providers
and distributors ("Third Parties"), and is protected
under the copyright laws of Canada and other countries. None
of the content found on OxygenUP may be reproduced, republished,
distributed, displayed, sold, transferred, or modified without
the express written permission of OxygenUP and/or the applicable
Third Parties.
OxygenUP related trademarks and design marks displayed on
OxygenUP, (collectively, the "Trademarks") are registered
and common law trademarks of their respective owners. The
trademarks of OxygenUP Acceptance, Limited and MasterCard
International Incorporated are used under license. Nothing
contained on OxygenUP, should be construed as granting, by
implication or otherwise, any license or right to use any
trademarks, including the Trademarks, except with the express
written permission of OxygenUP or such other party that may
own the applicable trademarks.
USE OF SITE
The OxygenUP website may not, in whole or in part, be copied,
reproduced, republished, uploaded, posted, transmitted or
distributed without the written permission of OxygenUP, except
that you may download, display and print the materials presented
on OxygenUP, for your personal, non-commercial use only. Unauthorized
use of OxygenUP and/or the materials contained on OxygenUP
may violate applicable copyright, trademark or other intellectual
property laws or other laws. You must retain all copyright
and trademark notices, including any other proprietary notices,
contained in the materials. The use of such materials on any
other website or in any environment of networked computers
is prohibited.
You are prohibited from contributing, posting or transmitting
any infringing, unlawful, threatening, libelous, defamatory,
obscene, indecent, inflammatory, pornographic or profane material
or any material that could constitute or encourage conduct
that would be considered a criminal offence, give rise to
civil liability, or otherwise violate any law.
OxygenUP reserves the right to limit quantities, refuse orders,
terminate accounts, and/or cancel orders in its discretion,
including, without limitation, if OxygenUP believes that customer
conduct violates applicable law or is harmful to the interests
of OxygenUP or any Third Parties.
Products may be purchased for delivery to an address located
in Canada only. All sizes quoted are approximate. Some items
shown may require assembly.
In its sole discretion, in addition to any other rights or
remedies available to OxygenUP and without any liability whatsoever,
OxygenUP at any time and without notice may terminate or restrict
your access to any component of OxygenUP.
PRIVACY
You have read the OxygenUP Privacy Policy, the terms of which
appear on OxygenUP and are incorporated into these Terms and
Conditions, and agree that the terms of such policy are reasonable.
You consent to the use of your personal information by OxygenUP
and/or Third Parties in accordance with the terms of and for
the purposes set forth in the OxygenUP Privacy Policy.
FEEDBACK
OxygenUP enables visitors to OxygenUP to provide OxygenUP
with feedback by email or otherwise ("Customer Content").
If you provide Customer Content you grant OxygenUP a non-exclusive,
royalty-free, perpetual, irrevocable, and fully
sub-licencable
right to use, delete, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, and display such
Customer Content throughout the world in any media, now known
or hereafter developed, and you waive any and all moral rights
in the Customer Content. You also grant OxygenUP the right
to use the name you submit with the Customer Content, if any,
in connection with OxygenUP's rights hereunder.
PRICING
Regular prices shown are the prices at which the products
have been sold as of the date of issuance indicated. Due to
competitive market pressures, prices are subject to change.
OxygenUP reserves the right to correct, at any time, any pricing
errors.
RISK OF LOSS
Any products purchased from OxygenUP are delivered to you
by a third party delivery company, pursuant to a shipping
contract. The risk of loss for such products pass to the purchaser
at the time of delivery by OxygenUP to the third party shipper.
LIABILITY DISCLAIMER
OxygenUP is not responsible for late, lost, incomplete, illegible,
misdirected or stolen messages or mail, unavailable network
connections, failed, incomplete, garbled or delayed computer
transmissions, on-line failures, hardware, software or other
technical malfunctions or disturbances or any other communications
failures or circumstances affecting, disrupting or corrupting
communications.
OxygenUP assume no responsibility, and shall not be liable
for, any damages to, or viruses that may infect your computer
equipment or other property on account of your access to,
use of, or browsing on OxygenUP or your downloading of any
materials, data, text, images, video or audio from OxygenUP.
In no event shall OxygenUP or any of the Third Parties be
liable for any injury, loss, claim, damage, or any special,
exemplary, punitive, direct, indirect, incidental or consequential
damages of any kind (including, but not limited to lost profits
or lost savings), whether based in contract, tort, strict
liability, or otherwise, which arises out of or is in any
way connected with any use of OxygenUP or content found herein,
any failure or delay (including, but not limited to the use
of or inability to use any component of OxygenUP for purchases),
of the performance or non performance by OxygenUP or any of
the Third Parties, even if such party has been advised of
the possibility of damages by such parties or any other party.
INDEMNIFICATION
You shall indemnify and save harmless OxygenUP and their officers,
directors, employees, consultants, representatives and agents
from and against any claim, cause of action or demand, including
without limitation reasonable legal, accounting and other
professional fees, brought as a result of your use of OxygenUP.
LINKS
The OxygenUP website contains links to other web sites which
are provided solely as a convenience to you and the inclusion
of any link does not imply endorsement, investigation or verification
by OxygenUP or the Third Parties of the linked web site or
information contained therein. OxygenUP and the Third Parties
shall not be responsible for the content of any other web
sites and makes no representation or warranty regarding any
other web sites or the contents or materials on such web sites.
If you decide to access other web sites, you do so at your
own risk.
RELATIONSHIPS
The relationship between OxygenUP and you will be that of
independent contractors, and neither of us nor any of our
respective officers, agents or employees will be held or construed
to be partners, joint ventures, fiduciaries, employees or
agents of the other as a result of these Terms and Conditions
or use of OxygenUP.
GOVERNING LAW
This Agreement and its performance shall be governed by the
laws of the Province of Ontario, Canada. You consent and submit
to the exclusive jurisdiction of the courts located in the
City of Toronto, in the Province of Ontario, Canada, in all
disputes arising out of or relating to the use of OxygenUP
and these Terms and Conditions.
MODIFICATION
OxygenUP reserves the right to, without notice, make changes
to OxygenUP, including without limitation with respect to
products offered, product information, availability, content
and pricing, and may at any time modify the Terms and Conditions
of use of OxygenUP. Your continued use of OxygenUP will be
conditioned upon your acceptance of the Terms and Conditions
in force at the time of your use.
ADDITIONAL TERMS
Separate Terms and Conditions may apply to purchases of products
and services and other uses of portions of OxygenUP.
SEVERABILITY
These Terms and Conditions shall be deemed severable. In the
event that any provision is determined to be unenforceable
or invalid, such provision shall nonetheless be enforced to
the fullest extent permitted by applicable law, and such determination
shall not affect the validity and enforceability of any other
remaining provisions.
HEADINGS
The headings used in these Terms and Conditions are included
for convenience only and will not limit or otherwise affect
these Terms and Conditions.
ENTIRE AGREEMENT
These Terms and Conditions, together with those incorporated
or referred to herein constitute the entire agreement between
us relating to the subject matter hereof, and it supersedes
any prior understandings or agreements (whether electronic,
oral or written) regarding the subject matter, and may not
be amended or modified except in writing, or by OxygenUP making
such amendments or modifications available to it pursuant
to the Terms and Conditions
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