PLEASE READ THESE TERMS AND CONDITIONS OF USE ("Terms and Conditions of Use") OF THE OSSA WEB SITE (THE "SITE") CAREFULLY. BY USING THIS SITE YOU ARE AGREEING TO ACCEPT THE TERMS AND CONDITIONS OF USE. You should revisit this page from time to time as your use of the Site is subject to the most current version of the Terms and Conditions of Use posted on the Site at the time of such use. IF YOU DO NOT AGREE, DO NOT USE THIS SITE.
Provided that you comply with the Terms and Conditions of Use, you have the right to use this Site to (a) view various materials, including information, documents, and other content (collectively, the "Materials"), and (b) access OSSA services, including a referral system for third-party vendors and an online product catalogue from which products may be purchased (collectively, "OSSA Services"). If you receive an e-mail message that contains a link to the Site, or embedded links that recreate a page from the Site in your e-mail reader or in a web browser, you become subject to these Terms and Conditions of Use upon activating the link or opening the message, and all prohibitions and disclaimers herein apply to you.
OSSA reserves the right to restrict, suspend or terminate your access to all or part of the Site, or to require you to immediately destroy any Materials you have downloaded or printed from the Site, at any time for any reason, without prior notice or liability, and at OSSA's sole discretion.
The Materials on the Site are owned by OSSA and its suppliers. They are copyrighted and protected by Canadian and international intellectual property laws, treaties and conventions. You may not copy, reproduce, photocopy, store, adapt, modify, display, perform, transmit (other than by using the "mail to friend" utility on designated pages of the Site), frame, distribute, resell, commercially exploit or otherwise use the Materials, except as expressly permitted herein, without the prior written permission of the relevant rights holder(s). You also may not create a hyperlink directly to a page on the Site, other than the default, index or home pages found at:
without the prior written permission of OSSA.
The trademarks of OSSA and others used on the Site are the property of OSSA or their respective owners. You may not use any trademark displayed on the Site without the written permission of OSSA or the respective owner.
Your use of the Site is conditioned on your abiding by all notices of copyright, trademark and other proprietary rights appearing in the Materials. You are forbidden from removing or altering any such notices in full or in part from Materials that you print or download. The doing of an unauthorized act in relation to a copyright work may result in either or both a civil claim for damages and criminal prosecution.
Except for orders from the OSSA Product catalogue, and except as may be specified in our Privacy Policy , all information and other content you send to the Site ("Communications") will be considered non-proprietary and non-confidential. OSSA shall have no obligations of any kind to you respecting your Communications and will be free to use them on an unrestricted basis for any purposes.
You are prohibited from sending OSSA any unlawful, threatening, libelous, defamatory, obscene, pornographic, or any other Communications that would violate any law or the rights of others. However, you are solely responsible for the legality of your own Communications.
Where OSSA solicits your Communications for any purpose or creates a mechanism to allow you to post Communications to the Site, OSSA will have the right, but not the obligation, to review any such Communications to ensure that they comply with the Terms and Conditions of Use and any applicable laws or regulations. OSSA reserves the right to edit or delete Communications at its sole discretion, without notice and without liability. OSSA will comply with any court order directing it to disclose the identity of anyone sending or posting Communications of any kind to the Site.
From time to time OSSA may provide links from the Site to other sites ("Linked Sites") or make the services or programmes of third parties ("Third-Party Services") available on or through the Site. This is done solely as a convenience to you and in no way should be interpreted as an endorsement of or acceptance of responsibility or liability for the Linked Site or Third-Party Service. Site visitors use Linked Sites and Third-Party Services at their own risk and are advised to take standard business precautions before entering into contractual relationships with other parties.
This Site is operated and controlled by OSSA from its offices within the Province of Ontario, Canada, but can be accessed from jurisdictions whose laws may differ from those of the Province of Ontario. By accessing the Site you agree that the laws of the Province of Ontario, and the laws of Canada applicable therein, without regard to conflicts of law provisions, will apply to all matters arising out of or in connection with the Site. You also agree to submit to the exclusive personal jurisdiction and venue of the courts of the Province of Ontario with respect to such matters.
OSSA makes no warranty or representation that any or all Materials and OSSA Services provided on the Site, or any other materials or services referenced therein, are lawful in other jurisdictions or available for use in all jurisdictions. Accessing these Materials or OSSA Services from territories where they are illegal is prohibited. You agree that if you access the Site from another jurisdiction, you are responsible for compliance with local laws.
If any provision of the Terms and Conditions of Use is found to be unlawful, void or unenforceable, then such provision is deemed severable and will not affect the validity or enforceability of any of the remaining provisions. The parties agree that this agreement and all related documents be written in the English language. Les parties ont exigé que le présent contrat et tous les documents connexes soient redigés en anglais.
EXCEPT AS OTHERWISE NOTED, THE MATERIALS AND OSSA SERVICES PROVIDED ON THIS SITE ARE PROVIDED "AS IS" BY OSSA, WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, INCLUDING WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. Applicable laws may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. To the extent permissible, any implied warranties or representations are limited to the fullest extent permitted by law. OSSA makes no warranties or representations of any kind regarding Linked Sites or Third-Party Services accessible by means of the Site or described in the Materials. OSSA also takes no responsibility for viruses that may damage your computer system or data resulting from your access to or use of the Site.
Although reasonable efforts are used to ensure that the Site will be current and will contain no errors or inaccuracies, OSSA does not warrant or represent the accuracy and completeness of the Materials on the Site. OSSA may make changes to the Materials on the Site at any time without notice. The Materials on the Site may be out of date, and OSSA makes no commitment to update the Materials.
The Materials about health or safety published on the Site ("Reference Materials") are general in nature and intended for educational purposes only. They have been compiled from sources believed to be reliable, current, and the best current opinion on the subject. OSSA makes no warranty, representation or guarantee as to the correctness or sufficiency of any representation contained in the Reference Materials, and you should not assume that all acceptable safety measures are contained therein or that other or additional measures may not be required in particular or exceptional conditions or circumstances. The Reference Materials are not intended to substitute for professional advice and should not be relied upon for medical, legal or financial decisions. You should consult with an appropriate professional for specific advice tailored to your situation.
IN NO EVENT WILL OSSA, OR ITS SUPPLIERS, BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY LINKED SITES, OR THE MATERIALS OR SERVICES CONTAINED OR PROVIDED THROUGH ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT OSSA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless OSSA and its affiliates, representatives, officers, directors and employees from all liabilities, claims, costs and expenses, including legal fees, that arise out of or in connection with your use of the Site, your viewing or downloading of Materials from the Site, your use of OSSA Services provided on the Site, or your Communications to the site.
The following terms and conditions apply to vendors who register with OSSA for the purpose of listing Third-Party Services on the Site using the OSSA Gateway Referral System ("GRS") or any other OSSA Service that may be offered on the Site from time to time ("Registered Service Providers"). These terms and conditions are in addition to, and are not intended to substitute for or in any way limit the other Terms and Conditions of Use listed herein.
You must become a Registered Service Provider if you wish to provide Third-Party Services through the Site. Registered Service Providers are required to satisfy the eligibility requirements described herein and provide certain registration information, and must also agree to conform to the OSSA Code of Ethics .
There is no charge to become a Registered Service Provider. Only individuals who are at least 18 years old may register. To register, you must complete the registration form as prompted, and provide current, complete, and truthful information. You agree to notify OSSA promptly of any changes to your registration.
Registered Service Providers agree to be listed on the Site at their own risk and are advised to take standard business precautions before entering into contractual relationships with other parties. OSSA reserves the right to screen or monitor Registered Service Providers and to deny Registered Service Provider status without explanation, prior notice or liability.
The following terms and conditions apply to purchasers of items offered for sale ("Products") and free downloads from OSSA's online catalogue. These terms and conditions are in addition to, and are not intended to substitute for or in any way limit, the other Terms and Conditions of Use listed herein.
CONSUMER INFORMATION. Individuals or organizations that wish to order a Product, or obtain a free download, from OSSA's online catalogue must complete the form provided, and supply current, complete, and truthful information as prompted. In the case of orders for Products, you agree to notify OSSA promptly of any changes in this information until such time as the order has been fulfilled. Products may be purchased for lawful purposes and by end-users only.
PRICING. Product prices listed on the Site are provided for informational purposes only, and do not constitute an offer to sell Products. Unless otherwise stated, prices F.O.B OSSA warehouses and are in Canadian dollars and do not include applicable taxes or shipping, handling, or insurance costs. You accept sole responsibility for the importation of any Products, including required licenses and permits and all associated costs, from Canada into other jurisdictions.
PAYMENT TERMS. When you select Products for purchase and choose "submit" on the order page, the total of the Product price, taxes and any applicable shipping, or handling costs will be invoiced, charged to the credit card number you provide, or paid by prepaid cheque. You confirm that you are authorized to use such credit card number to make this purchase and permit OSSA to take steps to verify such authorized use. Orders are not binding upon OSSA until OSSA at its sole discretion accepts the order. You are responsible for all charges incurred in your use of the Site, whether or not authorized by you. You should inform yourself of the extent of your liability for unauthorized charges under any credit card agreement(s) that may apply to you.
DELIVERY, RISK OF LOSS AND TITLE. OSSA will ship Products to you F.O.B. OSSA warehouses. OSSA's warehouses are located in Canada. Upon OSSA's delivery of the shipment to the carrier, you assume the risk of loss and/or damage to the Products and title passes to you.
LIMITED WARRANTY. OSSA warrants to you that Products purchased using its online Product catalogue will be free from defects in materials and workmanship. The foregoing warranty shall not apply to a Product that has been modified without authorization or damaged by accident, act of God, shipment, improper installation, misuse or misapplication. As your exclusive remedy for breach of this warranty, you may return, shipping prepaid, any such Product for replacement at no additional charge, or for a refund of the Product price plus applicable taxes, but not including shipping, handling, insurance or any other charges incurred. The foregoing warranty shall not apply to a Product that has been (a) damaged by accident, act of God, shipment, improper installation, misuse or misapplication, or (b) modified without OSSA's express written acceptance of such modification for warranty purposes. EXCEPT AS EXPRESSLY PROVIDED IN THIS PARAGRAPH AND TO THE FULL EXTENT PERMITTED BY LAW, THIS LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS OR OTHER TERMS EXPRESS OR IMPLIED, WRITTEN OR ORAL, ALL OF WHICH ARE EXCLUDED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING, OR USAGE FOR TRADE. ANY APPLICABLE STATUTORY CONSUMER RIGHTS ARE NOT AFFECTED BY THIS CLAUSE.
LIMITATION OF LIABILITY. TO THE FULL EXTENT PERMITTED BY LAW, OSSA SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, DELAY IN DELIVERY, OR USE OF PRODUCTS PURCHASED FROM OSSA. LIABILITY FOR OSSA'S FAILURE TO DELIVER A PAID PRODUCT TO THE AGREED CARRIER IS LIMITED TO A REFUND OF THE PRODUCT PRICE, APPLICABLE TAXES, AND ANY UNUSED SHIPPING, HANDLING OR INSURANCE CHARGES PAID TO OSSA. OSSA WILL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS BY YOU OR ANY OTHER PERSON OR ENTITY. THE LIMITATIONS IN THIS SECTION WILL APPLY, WHERE PERMITTED, NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY WARRANTY REMEDY.
Return Policy. Any defective or incomplete product may be returned for exchange within 10 business days of receipt. OSSA will assume all shipping costs related to defective or incomplete items. Within 30 days of receipt, you may return any unused and complete OSSA product for a refund, less shipping and handling charges. You are responsible for shipping charges incurred in returning the item. Note: There are no returns on CD-ROM products.
Please call OSSA to arrange for a Returned Merchandise Authorization (RMA) number. Any products returned to the warehouses without an RMA number will be refused on delivery.
In order to meet our service standard for product delivery we process orders on a daily basis. Therefore, cancellation of product orders must be received by 3:30 p.m. the same business day to avoid a restocking fee and shipping charges.
PRODUCT CHANGES & Products may not be exactly as shown or described. OSSA does not guarantee that all Products advertised in its Product catalogue will be available at all times. OSSA reserves the right to limit quantities.
ASSIGNMENT. You may not assign an order for a Product without the prior written permission of OSSA.
VALIDITY. Sales transactions are void wherever such transactions are prohibited. In addition to the Applicable Laws provisions herein, the parties expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods.
