Direct Cell offers visitors and users access to this web site based on (and in reliance on) your acceptance of the following terms and conditions, to which you agree to be bound by accessing or using this site.Direct Cell reserves the right to modify or supplement these terms and conditions at any time, so you should review them every time you access this web site. All modifications or supplements are effective when posted.Direct Cell hereby grants to you a nonexclusive license to access, download and use this web site solely for your internal use. All materials on this web site are protected under applicable laws.
Direct Cell reserves all proprietary rights, including copyrights, to this web site and its materials. The trademarks, service marks, trade names, logos and other indication of origin, including but not limited to, Direct Cell’s domain name, displayed on this web site are registered and unregistered trademarks of Direct Cell or a third party who has granted Direct Cell a right to use them in this site. Nothing contained herein should be construed as granting you any license or right to use any trademark displayed on the site without the written permission of Direct Cell or such third party.
Misprints and errors
Direct Cell endeavours to provide current and accurate information on the web site. However, misprints, errors, inaccuracies, omissions (including incorrect specifications for products) or other errors may sometimes occur. Direct Cell cannot guarantee that products and services advertised on the web site will be available. Direct Cell does not warrant that the content of the web site including, without limitation, product descriptions or photographs, is accurate or complete.
Direct Cell reserves the right to: (a) correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other person; (b) change at any time the products and services advertised or made available for sale on the web site, the prices, fees, charges and specifications of such products and services, any promotional offers and any other web site content without any notice or liability to you or any other person; and (c) limit quantities available for sale or sold.
The advertisements on the web site are invitations to you to make offers to purchase products and services on the web site and are not offers to sell. All prices and other amounts appearing on the web site are quoted in Canadian dollars.
Delivery is subject to warehouse availability. Out of stock items will be shipped as soon as possible. Direct Cell reserves the right to reject, correct, cancel or terminate any order, including accepted orders, for any reason. Direct Cell is not responsible for shipping or delivery, which is the sole responsibility of the carrier. Direct Cell does not offer delivery to certain locations, including P.O. Boxes.
The web site uses “cookies”, a technology that installs a small amount of information on a web site user’s computer to permit the web site to recognize future visits using that computer. Cookies enhance the convenience and use of the web site. You may choose to decline cookies if your browser permits, but doing so may affect your use of the web site and your ability to access certain features of the web site or engage in transactions through the web site.
Third party links
For your convenience, Direct Cell provides links to other sites and links to this site may be provided from other sites either known or unknown to Direct Cell. Direct Cell is not responsible for the content of any site that is linked to or from this site and links do not imply that Direct Cell sponsors, licenses, endorses or is otherwise connected to the site, the products or services described therein or its owner, and that Direct Cell has authorized the linked site to use any trademark, trade name, logo or other trademarked or copyrighted material of Direct Cell.
Login and passwords
Certain areas and features of the web site are accessible only to users who have been issued a login name and password (collectively “user id”) by Direct Cell. The user id is the property of Direct Cell and may be cancelled or suspended at any time by Direct Cell in its discretion without any notice or liability.
Direct Cell is not under any obligation to verify the actual identity or authority of any person using user id to access and use the web site. Direct Cell may act upon any communication that is given with the use of user id. Direct Cell may in its discretion at any time require proof of the identity of any person seeking to access and use the web site, and may deny access to and use of the web site or parts of it or refuse to accept or act upon any communication if Direct Cell is not satisfied with such proof.
If you have been issued user id: (a) you are fully responsible and liable for the security of the user id and any and all use and misuse of the user id; (b) you will keep the user id secure and confidential at all times and not disclose the user id to any other person or permit any other person to use the user id; (c) you will ensure that all uses of the user id comply with this agreement; (d) once you have logged-on to the web site using the user id, you will not leave the computer terminal used to access the web site unless and until you have terminated the session and logged-off the web site; and (e) you will immediately notify Direct Cell by if you know or suspect that any user id have been lost or stolen or become known to or used by any other person.
All information you provide through the web site, including registration information (name and email address), payment information (credit card numbers and expiration dates), and transaction-related information, must be true, accurate, current and complete. Direct Cell will rely on the information you provide. You will be solely responsible and liable for all loss, damage, and additional costs that you, Direct Cell or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information.
Disclaimer and limitation of liability
The information contained on the web site is not intended to be relied upon by, or to create any warranty to, any visitor or any other person. Prices and information concerning products may change at any time, and is not represented as being complete. Any warranty or assurance about our products is made only to purchasers of our products through (and as set forth in) the sales terms which will apply only in the event of a transaction via the web site. Accordingly use of the web site is entirely at your own risk is “as is,” without warranty of any kind or responsibility either expressed or implied, including (without limitation) any warranty of merchantability or fitness for particular purpose or otherwise, all of which are disclaimed to the fullest extent permitted by law.
Direct Cell and its providers will never be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to the web site or this agreement including but not limited to loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by Direct Cell or any person for whom Direct Cell is responsible, and even if Direct Cell has been advised of the possibility of such loss or damage being incurred.
The exclusion of certain warranties and the limitation of certain liabilities is prohibited in some jurisdictions. These statutory prohibitions may apply to you.
These terms and conditions are governed by the laws of the province of Ontario and the applicable laws of Canada and these laws apply to the use of the web site by you, notwithstanding your domicile, residency or physical location.
These terms and conditions, including any documents referenced herein, constitute the entire agreement between you and Direct Cell with respect to the web site and supersedes all prior or contemporaneous communications. Direct Cell’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provisions or right.
Direct Cell Inc.
77 James Street North, Suite 209