DeepSpar Data Recovery Systems Online Sales Terms and Conditions
These Terms and Conditions govern sales made on the Guardonix 'Buy Now' webpage. You agree to be bound by these Terms and Conditions by clicking on the "I Agree" checkmark on the Buy Now page. We reserve the right to amend these Terms and Conditions at any time by posting amended terms and conditions on our website with a revised effective date.
The terms "DeepSpar", "us", "'we" and "our" refers to DeepSpar Data Recovery Systems, a Canadian corporation. The terms "you" and "Customer" refer to the purchaser of the product or user or viewer of the online ordering features of our website. Our contact details are as follows:
DeepSpar Data Recovery Systems
1884 Merivale Road, Unit 9
Ottawa, ON K2G 1E6
Price: Prices listed are for immediate ordering only and are subject to change. Product prices do not include shipping, which will be charged separately. Prices already include Canadian sales and use taxes for orders shipped to Canadian addresses. You will be responsible for paying all relevant duties and taxes for orders shipped to addresses outside of Canada.
Availability: We typically ship out orders in 1-4 Canadian business days using DHL Express. We will email you a confirmation email with the tracking number as soon as your order is shipped.
Payment Options: We accept MasterCard and Visa for online orders. Alternatively, we can accept cheques originating from the US or Canada, or wire transfers from most countries.
Shipping, Title, Risk of Loss and Insurance: Title to Products and risk of loss or damage during shipment pass from us to you upon delivery to the specified destination (F.O.B. Destination, freight prepaid and added). Notwithstanding the foregoing, title to software will remain with the applicable licensor(s), and Customer’s rights therein are contained in the license agreement between such licensor(s) and Customer.
No Delivery to Specified Persons or Entities or Countries: A variety of laws prohibit or restrict our ability to deliver products to certain specified persons, entities or countries. Except as authorized by law, you agree not to export or re-export products to any country, or to any person, entity, or end user subject to Canadian export controls, including without limitation countries subject to Canadian embargoes or trade sanctions and persons or entities otherwise so identified by the Canadian government.
DeepSpar Limited Warranty: All products are warranted to be free from defects in materials and workmanship for one (1) year from the date of delivery of the product to the specified destination. We will, at our option, and as our sole obligation and your sole remedy, (a) repair or replace the defective product (using new or reconditioned parts or products at our sole discretion), or (b) refund the purchase price. The warranty period for the repaired or replaced product will not exceed the original warranty period. You must contact us to obtain a return material authorization ("RMA") number prior to returning your product for warranty repairs; packages received without an RMA clearly listed on the outside of the package will be rejected. The warranty does not include apply to any product problems we determine have been caused by accident, abuse, or negligence, or by damage by water, heat, dust or other environmental cause, or by unauthorized repair or modification.
THE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EITHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE PRODUCTS, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
IN NO EVENT WILL WE BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, OR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR CONTINGENT DAMAGES ARISING FROM OR RELATING TO THIS CONTRACT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS SALE, INCLUDING FOR ANY LIABILITY ON ACCOUNT OF A CLAIMED DEFECT IN ANY PRODUCT, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE OF THE PRODUCT.
Returns: All sales are final.
Software License: You acknowledge that any software programs included in the products (the "Software") are licensed to you under the terms and conditions of the click-through license agreement provided with the Software and that title to the Software (or any copies thereof) is not transferred to you. As used herein, the term "sale" or "sold" in connection with the Software means sale of a license to use the Software.
Interpretation:These Terms and Conditions shall be governed by and construed in accordance with the laws of Ontario, Canada, without reference to its conflicts of law provisions. Any dispute shall be subject to the exclusive jurisdiction of the courts located in Ottawa, Ontario, Canada, and you hereby irrevocably agree to submit to the personal and exclusive jurisdiction and venue of such courts. The various section headings used herein are inserted for convenience of reference only and shall not affect the meaning or interpretation of these Terms and Conditions or any section thereof. If any term, provision, covenant or condition of these Terms and Conditions is held by a court or arbitral panel of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated.
Effective January 1, 2016