Hamilton House Painters
The following terms and conditions govern all use of the www.hamiltonhousepainters.ca website and all content, services and products available through the website, including, but not limited to, the public and login access areas (collectively referred to as the Site).
Please read this Agreement carefully before accessing or using the Site .
By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site, or use any services. If these terms and conditions are considered an offer by Hamilton House Painters, acceptance is expressly limited to these terms. www.HamiltonHousePainters.ca is available only to individuals who are at least 18 years of age, and, only persons who have attained the MINIMUM age of 18 years, or the minimum legal for entering into a contract if greater than 18 years, in accordance with the local laws where you reside, may make a purchase on this site, or, enter into any agreement with HHP.
Public Access area and customer or reseller“login”accounts
You are permitted to use and view the publicly accessible areas of this website, for the sole and exclusive purposes of researching or considering making a product or services purchase from, making a purchase from,or engaging otherwise in a business relationship with HHP, subject to the further terms and conditions contained herein. You may also, at our discretion,be given access to a “login account,” providing you with access to additional information, features, functions, pricing, products, or services. If you are given such an account, you are responsible for maintaining the security of your login account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account.You must immediately notify Hamilton House Painters of any unauthorized uses of your account or any other breaches of security to that account, or to this website in general. Hamilton House Painters will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Contributions or uploads to the website
If you leave comments anywhere on the Site, post material to the Site, post links on the Site, upload files, images, photographs, or artwork to the site (or to our file server), or otherwise make (or allow any third party to make) material available by means of the Site (any such material, "Content"), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics,audio, or computer software. By making Content available, you represent and warrant that:
· Downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to, the copyright, patent,trademark or trade secret rights, of any third party
· You have fully complied with any third-party licences relating to the Content, and have done all things necessary to successfully pass through to end-users any required terms
· The Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content
· The Content is not spam, is not machine or randomly generated,and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as "phishing") or mislead recipients as to the source of the material (such as "spoofing")
· The Content is not pornographic, libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party
· By submitting Content to Hamilton House Painters for inclusion on our Site, you grant Hamilton House Painters a world-wide, irrevocable, royalty-free and non-exclusive license to reproduce, modify, adapt and publish the Content for the purpose of displaying, distributing, promoting, marketing our services, or for any other lawful use, without cost to Hamilton House Painters.
Without limiting any of those representations or warranties, Hamilton House Painters has the right (though not the obligation) to, in Hamilton House Painters' sole discretion:
(i) refuse or remove any content that, in Hamilton House Painters' reasonable opinion, violates any policy or is in any way harmful or objectionable, or;
(ii) terminate or deny access to, and use of the Site, to any individual or entity for any reason, in Hamilton House Painters 's sole discretion. Hamilton House Painters will have no obligation to provide a refund of any amounts previously paid under these circumstances.
Uploaded or emailed Customer artwork, files, documents, or graphics
If you upload, email, or otherwise transmit to use any artwork,electronic files, documents, or graphics (the documents), you are asserting that you own the rights to the documents, or, have permission of the rights holder to use the documents for the intended purpose(s), or you hold a copyright for the use of the documents. You will HOLD AS HARMLESS Hamilton House Painters, and its Directors, Employees, contractors, vendors, and agents with regard to any infringement of copyright, title, rights violations, or for the publication, dissemination, or use of products or work-product, which include the whole or parts of the documents you have sent to us. You will be responsible for all costs, fees, awards, settlements, judgments, legal fees,court costs, and all other expenses, arising from, or occasioned by your submission, publication, dissemination, transmission, or use of the documents,or any part of the documents. We will hold the documents on a cloud-based third-party server, or, on local computer drives in our possession, and will share the documents ONLY with persons, or companies involved with filling your order, or completing work to be performed on your behalf. We will destroy the documents upon your written request. We may erase or destroy the documents in our keeping from time to time, in accordance with our need to make space available on our computers, disk drives, in-house servers, or third-party servers. Otherwise,the documents may be stored for potential re-orders or reference.
What information do we collect?
We may collect personally identifiable information from you in a variety of ways, including through online forms for ordering products and services, and other instances where you are invited to volunteer such information, including, but not limited to, when you register on our site,place an order or subscribe to our newsletter. When ordering or registering on our site, as appropriate, you may be asked to enter your:
· full or partial names
· e-mail addresses
· mailing addresses
· phone number(s)
· credit card information
· company names
· company addresses
· banking information
· credit history
· other personal or corporate information relating to your request for service or products
We may also retain any and all information contained in any emails (or other electronic communication methods) you send to us, whether through any portal on this site, by direct email, or, through other channels.
For what purposes do we use or collection your information?
Any of the information we collect from you may be used to personalize your experience, improve our website, improve customer service,process transactions, perform or produce requested work or services, maintain a business relationship, ship or procure goods, or to send periodic emails.
The email address you provide for order processing, will only be used to send you information and updates pertaining to your order. If you decide to opt-in to our mailing list, you will receive emails that may include company news, updates, related product or service information, etc. If at anytime you would like to "unsubscribe" from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.
How do we protect your information?
We implement a variety of security measures to maintain the safety of your personal information when you place an order or access your personal information.
We offer the use of a secure server for processing financial transactions. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our payment gateway provider's database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential. After a transaction, your private financial information (credit card information, banking information) will not be stored on our servers.Information pertaining to the granting of credit, and necessary for potential collection activity on credit accounts, or, for the periodic re-evaluation of credit-worthiness (information such as social security numbers, driver licence numbers, financial documents, profit and loss statements, other identifying documents, balance sheets, credit bureau files or reporting, references, etc.) will be retained until the conclusion of any financial relationship with you,or, until the conclusion of any potential or actual litigation pertaining to such a relationship, at which time such information will be destroyed. This information will be kept in an electronic format, on in-house computers or servers owned by HHP, and will be protected by password access protocols. Such information will only be accessible to personnel with a need to view such information, and may include our executive or management staff, credit manager(s), accounting personnel, in-house or external financial auditors,in-house or external legal counsel, and their respective staffs, and IT staff,and sales, marketing, or customer service staff involved with the collection of such information.
Payments and refunds
The Site offers products and services for sale or consideration.The Site does not generally handle payments for these products directly, but rather, normally refers these payments to a secure third-party payment processor which handles all aspects of the payment process. In such cases or cases, any payment issues or disputes should be resolved directly with the payment processor. Once we have been notified by the payment processor that a payment has been made, and that the payment has successfully passed a fraud review, and the funds have been received into our bank account, access will be granted to the product or service being purchased, or, the item(s) ordered will be ordered or shipped, or, we will begin work to fulfill your order as soon as possible, however we make no guarantees of timeliness or immediacy. Please refer to our Terms of Sales, Service, and Warranty Information located on this site for more information on shipping and delivery terms.
Free or "demo" accounts, and/or scheduling or chat features are occasionally provided to customers with limited access to the Site, or software applications contained therein, that allows the user to test or use some or all available features or services of a product prior to making a payment and determine if the offered services meet users’ needs, or to purchase a selected product or service. We assume no liability and the customer holds HHP and its owners, agents, directors, employees, and contractors as harmless in relation to the customer’s use of any such free or “demo” accounts.Such accounts may require the disclosure and use by HHP or its partners or vendors, of private information belonging to the customer to fulfill any such request for a free or demo account.
Note that our website may collect information regarding your browser, internet IP address, operating system, and your location, and may transmit such information to a third-party vendor or software provider such as“Google Analytics,” or any such similar provider, for the purposes of analyzing website traffic patterns, unique visits, pages visited, and time of visit and duration of time on our site, and to assist us in making marketing or business decisions. If such information is collected or retained, it would be retained only by the vendor involved, and in accordance with their own privacy policies. HHP does not store or retain such information on our own computers or servers.
Responsibility of website visitors
By operating the Site, Hamilton House Painters does not represent, warranty, or imply that it endorses any or all of the contributed content, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions, as necessary, to protect yourself and your computer systems from viruses, worms, Trojan horses,and other harmful or destructive content. The Site may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Hamilton House Painters disclaims any responsibility for any harm, howsoever occasioned and in any form, resulting from the use by visitors of the Site.
Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information, except to provide products or services you've requested. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you,so long as those parties agree to keep this information confidential. Shipping contractors, customs brokers, or postal services, cartage companies may also be given information necessary to facilitate delivery of physical goods or services to you which you have ordered from this website, or otherwise, from HHP. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing,advertising, or other uses.
As Hamilton House Painters asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on, or linked to, by the Site violates your copyright, you are encouraged to notify Hamilton House Painters. Hamilton House Painters will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Hamilton House Painters or others, Hamilton House Painters may, in its discretion, terminate or deny access to and use of the Site. In the case of such termination, Hamilton House Painters will have no obligation to provide are fund of any amounts previously paid to Hamilton House Painters, form any goods or services purchased on the site. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Third party links
Our site may contain links to third party sites. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
This Agreement does not transfer from Hamilton House Painters to you any Hamilton House Painters or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Hamilton House Painters, including, but not limited to: "Hamilton House Painters" logo or logos, and all other trademarks, service marks, graphics and content used in connection with Hamilton House Painters, or the Site are trademarks or registered trademarks of Hamilton House Painters or Hamilton House Painters' licencors, other trademarks, service marks, graphics and logos used in connection with the Site may be the trademarks of other third parties. Your use of the Site grants you no right or license to reproduce or otherwise use any Hamilton House Painters or third-party trademarks.
Hamilton House Painters reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Site following the posting of any changes to this Agreement constitutes acceptance of those changes. Hamilton House Painters may also, in the future, offer new services and/or features through the Site(including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Hamilton House Painters may terminate your access to all or any part of the Site at any time, with or without cause, with or without notice,effective immediately. If you wish to terminate this Agreement you may simply discontinue using the Site. If you materially breach this Agreement and fail to cure such breach within 14(fourteen) days from Hamilton House Painters' notice to you thereof; provided that, Hamilton House Painters can terminate the Site immediately as part of a general shut down of our service, all provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of warranties
The Site is provided "as is". Hamilton House Painters and its suppliers and licencors hereby disclaim all warranties of any kind,express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Hamilton House Painters, nor its suppliers and licencors makes any warranty that the Site will be error free or that access thereto will be continuous or uninterrupted.
Limitation of liability
In no event will Hamilton House Painters, or its suppliers or licencors be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for:
(i) any special, incidental or consequential damages; and,
(ii) the cost of procurement or substitute products or services;and,
(iii) for interruption of use or loss or corruption of data; or,
(iv) for any amounts that exceed the fees paid by you to Hamilton House Painters under this agreement. Hamilton House Painters shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law; and,
(v) Hamilton House Painters shall not be liable for any special or consequential damages that result from the use of, or the inability to use,the services and products offered on this site, or the performance of the services and products.
Please see our Terms of Sale, Service and Warranty Terms document, located on this website, for more information.
General representation and warranty
You represent and warrant that:
(ii) your use of the Site will not infringe or misappropriate the intellectual property rights of any third party.
You agree to indemnify and hold harmless Hamilton House Painters, its contractors, and its licencors and their respective directors,officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Site,including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between Hamilton House Painters and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Hamilton House Painters, or by the posting by Hamilton House Painters of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Site will be governed by the laws of the province of Ontario, Canada, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the Ontario Superior Court courts located in Hamilton,Ontario. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in anyone instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Hamilton House Painters may assign its rights under this Agreement without condition.This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Changes to our terms and privacy policies
From time to time we may make adjustments to this policy.Changes will be made at our sole discretion. Site's users are encouraged to check this policy for such changes. Your continued use of this site following changes to this policy constitutes your acceptance of the changes.
These terms of service were last modified on: February 10th ,2014.