Website Terms & Conditions
Welcome to the ace-canada.ca website!
This is the official website of Peavey Industries LP("Ace Canada"). Please carefully review the Terms & Conditions (the "Terms") below which govern the use of this site. Note that your use of ace-canada.ca (the 'Site') constitutes your unconditional agreement to be bound by these terms and conditions.
A. General Use of Website
This Site may contain certain proprietary notices and intellectual property information, the terms of which must be observed. Information on the Site may contain technical inaccuracies or typographical errors. Information, including store-based pricing, advertising and marketing materials, product pricing and availability, may be changed or updated at Ace Canada's sole discretion without notice and without any obligation, legal or otherwise, to sell at that price.
B. Information You Submit
All information you submit to us shall be true, accurate and complete. No information or material provided to Ace Canada by you, or an agent working on your behalf, may (i) contain vulgar, obscene, threatening, or otherwise unlawful language or material; (ii) reasonably under the circumstances be deemed threatening, abusive, harassing, tortuous, vulgar, hateful, or racially, ethnically, or otherwise offensive or discriminatory; (iii) be tortuous, defamatory, libelous, invasive of another person's privacy, or violate another person's publicity rights; (iv) bear any false, disguised, or misleading origin; or (v) be confidential and you do not have a right to disclose. By sending content, information or material, you grant Ace Canada an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit, and/or distribute materials or information, and you represent and warrant that you own or otherwise control all of the rights to such information or materials and that Ace Canada is free to use ideas, concepts, know-how or techniques that you send us without any compensation or acknowledgment.
C. Conduct
As a condition of use of the Site, you represent and warrant that you shall not use the Site for any purpose that is unlawful or prohibited by these Terms. You agree to abide by all applicable local, provincial, national and international laws and regulations and you shall be solely responsible and liable for all acts or omissions that occur while you access the Site. By way of example, and not as a limitation, you agree:
Not to transmit or upload any material to the Site that contains viruses, horses, worms, time bombs, or any other harmful or deleterious programs;
Not to interfere with or disrupt the Site networks or servers;
Not to delete any legal notices, disclaimers or proprietary notices
Not to misrepresent your identity or credit information;
Not to attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to the Site, through password misuse, mining or any other means; and
Not to interfere with Ace Canada or another authorized party's use and enjoyment of the Site.
D. Links to Other Web Sites
This Site may contain links to other websites to help customers learn more about the products available at Ace Canada. Ace Canada is providing these links to you as a convenience, and the inclusion of any link does not imply endorsement by Ace Canada of the subject website or any association with its operators. Ace Canada does not have control over, and is in no manner responsible or liable for, the availability, accuracy and content of the websites to which this Site is linked or any damages, loss of data or any other liability arising from the websites with respect to freedom from errors, viruses, bugs, or other harmful components. Ace Canada makes no representations whatsoever about any other site you may access through this Site. Any concerns regarding any product or service offered by a website to which this Site is linked or the link itself should be directed to the operator of that specific website and not to Ace Canada.
E. Monitoring of Site
Ace Canada has no obligation to monitor use of the Site or retain the content of any of the sessions on the Site. However, Ace Canada reserves the right at all times to monitor, review, retain and/or disclose any information necessary to satisfy any applicable law, regulation, legal process, governmental request or the business needs of Ace Canada.
F. Copyright and Intellectual Property Ownership
Ace Canada is the sole and exclusive owner of all intellectual property rights in and to all aspects of the Site including, without limitation, any related patents, copyrights, trade secrets, trade names, trademarks, service marks, goodwill, moral rights, and any other intellectual property or proprietary rights or intangible assets recognized under any laws or international conventions. Ace Canada may modify, disable, or delete the Site, its functions and/or Site content at any time and for any reason without prior notice.
G. Limited License to Use Materials Provided on the Site
Ace Canada grants you a limited license to use the materials made available on the Site only for your personal use. The materials on the Site shall not be used for any commercial purposes whatsoever. You acknowledge that any copies or derivative works created from the materials on the Site shall be the sole and exclusive property of Ace Canada. Ace Canada, in its sole discretion, may revoke this license at any time without prior notice to you and without liability.
H. Right to Download
You may only download content displayed on the Site for non-commercial, personal use provided you also retain all copyright, trademark and other proprietary notices, symbols and/or indicating marks contained in the material, do not modify or alter the material and do not copy or post the material on any network computer or broadcast the material in any media.
I. Termination of Use
Ace Canada may, in its sole discretion, terminate your account or your use of the Site at any time without liability. You are personally liable for any orders that you place or charges that you incur prior to termination.
J. Disclaimer
You assume all responsibility and risk for the use of this Site and the Internet generally. This Site is provided by Ace Canada on an "AS IS" basis. Ace Canada makes no representations or warranties of any kind, express or implied, as to the operation of this Site or the information, content, materials, or products included on this Site, to the fullest extent permissible by applicable law. Ace Canada disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement of intellectual property rights or other proprietary rights, and freedom from errors, viruses, bugs, or other harmful components. Ace Canada will not be liable for any damages of any kind arising from the use of this Site, including, but not limited to direct, indirect, special, incidental, punitive, consequential damages or damages resulting from loss of use, data, or profits, or business interruption arising out of or in any way connected with the use of the Site, and delays on the Site, or the inability to use the Site, any portion thereof, or any hyperlinked website, whether based on contract, tort, negligence, strict liability or otherwise, even if Ace Canada has been advised of the possibility of such damages.
K. Limitation of Liability
IN NO EVENT SHALL ACE CANADA OR ANY OF ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDEMNITY, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO THE ITEMS SOLD THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF ACE CANADA OR ITS RESPECTIVE REPRESENTATIVES OR SUCH INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH PROVINCES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. ALL TRIALS BY JURY AND ANY LIABILITY OF ACE CANADA FOR INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARE WAIVED.
L. Indemnification
You shall indemnify, defend and hold Ace Canada and its officers, directors, employees, shareholders, members or agents harmless from all damages, liabilities and expenses (and all legal costs including attorneys' fees, court costs, expenses and settlements resulting from any action or claim) arising out of, connected with or resulting from any violation of these Terms by you or your use of the Site or information provided by you to the Site.
M. Privacy and Security Policy - Use of Cookies
Ace Canada abides by Canadian laws regarding internet privacy and eCommerce financial transactions. You may sign up for electronic flyers or notifications, and unsubscribe at any time. Ace Canada will never sell or trade any person's name or information to any third party. Information may be collected on an aggregate, non-individual basis for Ace Canada internal use.
Cookies are small files which are stored on your computer. They are designed to hold a modest amount of data which may be stored on your hard drive so that we can recognize you when you return. Any pages on our Site where you are prompted to log in or that are customizable require that you accept cookies. If you have registered with our Site, these cookies may let us know who you are; are necessary to access your account information (stored on our computers) to deliver products and personalized services; and will provide us and our service providers with information that we will use to personalize our site in accordance with your preferences. Cookies are also required to optimize your shopping experience in that they allow you to add multiple items to your shopping basket before checking out. You may set your Web browser to notify you when you receive a cookie. However, should you decide not to accept cookies from our Site, you will limit the functionality.
N. Pricing & Promotions
Prices, promotions, and availability may vary by store and online.
Although we strive for accuracy, some errors may occur. Ace Canada reserves the right to correct any errors. This includes regular and sale pricing posted in error. Ace Canada reserves the right to cancel any orders with errors in pricing. This also includes errors related to promo discount codes. Customers cannot stack discounts- one promo code per order is allowed. Ace Canada reserves the right to cancel any orders with multiple promo discount codes, resulting in double discounting.
Because item quantities are constantly changing, the inventory information provided is an approximate indication of an item's in stock position. Inventory cannot be guaranteed.
O. Order Online, Ship to Store
Customers may order select merchandise from this website. All orders are subject to the Terms & Conditions of Use, including the following:
- Orders: receiving an email confirmation does not guarantee the acceptance of an order by Ace Canada. Ace Canada, at its own discretion, may limit or cancel orders. In the event we make a change to an order, we will attempt to notify the customer by phone or email with the information provided at time of order.
- Products & Pricing : Ace Canada reserves the right to discontinue the sale of any product listed on this site at any time without notice. Although we strive for accuracy, some errors may occur. Ace Canada reserves the right to correct any errors including pricing, pictures, and copy.
- Payment & Promo Codes: all orders must be paid in full when an order is placed online. Payment can be made via Mastercard, VISA, or American Express. Promo codes are required during time of online check out, and are valid for a specified period of time before expiring.
- Shipping: Ace Canada will use their best efforts to ship online orders as per the timing specified for the product. In some instances, exceptions may occur due to circumstances beyond Ace Canada's control. Ace Canada will attempt to notify the customer when orders may be delayed. If a product becomes unavailable, the customer will be contacted to discuss the circumstances. The customer agrees that Ace Canada may rescind their acceptance of the online order, and cancel the order without penalty.
- Restocking fee: Ace Canada reserves the right to charge up to a 10% restocking fee for an Online Order Ship to Store product(s) that are unclaimed after 20 days of the order date. This restocking fee will be applied to the credit card used for order validation during the checkout process.
Contact Us
Send us an email at: OnlineSupport@PeaveyMart.com
Peavey Industries LP
7740 -40th Avenue
Red Deer, AB T4P 2H9