Last Updated: November 2, 2019
Please read these Terms carefully before using the Site. By accessing, using or browsing the Site you agree to be legally bound by these Terms and all terms, policies and guidelines incorporated by reference in these Terms. If you do not agree with these Terms in their entirety, you may not use the Site.
The Services we provide through the Site are for your own use only. You may not resell, lease or provide them in any other way to anyone else.
2. Registration Data; Account Security
In order to place orders on the Site using a credit card, you must establish an account with First Aid. Accounts created solely for such purposes are standard accounts. First Aid may designate certain standard accounts as trusted accounts, in First Aid’s sole discretion, which would permit a User to also be invoiced for orders. All Users must establish a standard account in order to become eligible for a trusted account.
To register for a standard account on the Site, you agree to: (a) provide accurate, current and complete information as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password; (c) maintain and promptly update the Registration Data, and any other information you provide to the Site, and to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to the Site. You are responsible for all activity on your Site account.
3. Ownership, Copyright and Trademarks
The content on the Site, including all information, data, logos, marks, designs, graphics, pictures, sound files, other files, and their selection and arrangement, will be referred to in these terms as “Content”.
The Site, all Content and all software available on the Site or used to create and operate the Site is the property of First Aid or its licensors, and is protected by Canadian and international copyright laws, and all rights to the Site, such Content and such software are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by First Aid.
You may only use the Site and our services for the purposes expressly permitted on the Site. In particular, you may not use the Site or our services or your access to our technology or any of our intellectual property rights, whether for yourself or for any other person, to research, develop or create, or to facilitate any of the foregoing by itself or any other person, any service or technology or product that competes with the Site or our services or any other service provided through our technology, or that is similar thereto.
4. Our Limited License of Content to You
First Aid grants you a limited, revocable, non-exclusive, non-sublicensable license to access the Site and to view, copy and print the portions of the Content available to you on the Site. Such license is subject to these Terms, and specifically conditioned upon the following: (i) you may only view, copy and print such portions of the Content for your own use; (ii) you may not modify or otherwise make derivative works of the Site or the Content, or reproduce, distribute or display the Site or any Content (except for page cacheing) except as expressly permitted in these Terms; (iii) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content; (iv) you may not use any data mining, robots or similar data gathering or extraction methods; (v) you may not use the Site or the Content other than for its intended purpose; and (vi) you are a resident of Canada, have reached the age of majority in the province where you are resident and you can form legally binding contracts under applicable law.
Except as expressly permitted above, any use of any portion of the Content without the prior written permission of its owner is strictly prohibited and will terminate the license granted in this Section, this Agreement and your account with us. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The license in this Section is revocable by First Aid at any time.
You represent and warrant that your use of the Site and the Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law.
To request permission for uses of Content not included in this license, you may contact First Aid at the address set out at the bottom of these Terms.
5. Links to Other Sites, Linking and Framing
The Site may contain links to third-party Web sites (“Third-Party Sites”) and third-party content, including but not limited to federal and provincial first aid requirements, governing agency and industry documents, brochures, product documentation and demonstration videos (“Third-Party Content”) as a service to those interested in this information. You use links to Third-Party Sites, and any Third-Party Content or service provided there at your own risk. First Aid does not monitor or have any control over, and makes no claim or representation regarding, Third-Party Content or Third-Party Sites. First Aid provides these links only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply First Aid’s endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. First Aid accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third-Party Content, Third-Party Sites, or Web sites linking to the Site. When you leave the Site, our terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
Links to the Site without the express written permission of First Aid is strictly prohibited. First Aid may in its discretion cancel and revoke any permission it may give to link to the Site at any time and without any notice or liability to you or any other person. Framing of the Site or any of its Contents in any form or by any method is strictly prohibited.
6. Advertisements and Promotions
First Aid may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than First Aid, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. First Aid is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.
7. Reviews and Submissions
You may post or submit reviews, comments or other content (“Submissions”), so long as such Submission is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, and does not consist of or contain software viruses, commercial solicitation or any form of “spam” or unsolicited commercial electronic messages. If you send Submissions to First Aid or post on the Site, you automatically grant (or warrant that the owner of the Submissions grants) a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use, produce, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, communicate to the public by telecommunications, display and exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever to First Aid and its successors, assigns and licensees. The grant you provide to First Aid and its successors, assigns and licensees for the Submission allows for use of the Submissions without providing any attribution or compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of First Aid or its successors, assigns and licensees, and you agree, represent and warrant that all moral rights in the Submissions are waived in favour of First Aid and its successors, assigns and licensees.
8. Warranty Disclaimer
Unless a warranty regarding the products is otherwise given on the Site, the Site, the Content and the Services are provided to you on an “as is” basis without warranties from First Aid of any kind, either express or implied. First Aid expressly disclaims all other warranties, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
First Aid does not represent or warrant that Content is accurate, complete, reliable, current or error-free, and expressly disclaims any warranty or representation as to the accuracy or proprietary character of the Site, the Content or any portion thereof. First Aid does not endorse, warrant, guarantee or assume responsibility for any product or service advertised or promoted on the Site by any third party or manufacturer. The content is not intended to be medical advice or an opinion of any kind. If you require medical advice, we advise you to seek such advice from a qualified medical professional.
Although First Aid has made every effort to display our products and their colours as accurately as possible, the displayed colours of the products depend upon the monitor of the user and availability of inventory. We cannot guarantee that the user’s monitor will accurately portray the actual colours of the products. Products displayed may be out-of-stock or discontinued. First Aid does not warrant that the Content of the Site including, without limitation, product descriptions or photographs, is accurate or complete.
While First Aid attempts to make your access to and use of the Site safe, First Aid does not represent or warrant that the Site or any Content are free of viruses or other harmful components.
9. Typographical Errors or Inaccuracies
The Site may contain typographical errors or inaccuracies and may not be complete or current. First Aid reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and to the extent permitted by applicable law, First Aid reserves the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.
10. Product Availability and Prices
The advertisements on the Site are invitations to you to make offers to purchase products and services on the Site and are not offers to sell. All prices and other amounts appearing on the Site are quoted in Canadian dollars, unless otherwise indicated, and are subject to change. Additional fees may apply with respect to product shipping. For more information on shipping and delivery fees, please refer to our return and shipping policy.
If an item becomes unavailable for whatever reason after an order is accepted, First Aid may terminate the order by giving you written notice. In such event, First Aid will contact you to arrange for a refund or provision of credit against future purchases. For more information, please refer to our return and exchange policy available here https://www.firstaidcanada.com/returns/. Again, we apologize for any inconvenience.
By using the Site, you agree to the terms in our Shipping Policy and Return Policy.
11. Methods of Payment
12. Limitation of Liability; Indemnity
You waive and shall not assert any claims or allegations of any nature whatsoever against First Aid, its affiliates or subsidiaries, their sponsors, contractors, advertisers, vendors or other partners, any of their successors or assigns, or any of their respective officers, directors, agents or employees (collectively, the “Released Parties”) arising out of or in any way relating to your use of the Site or the Content, including, without limitation, any claims or allegations relating to the alleged infringement of proprietary rights, alleged inaccuracy of Content, or allegations that any Released Party has or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of the Site. You use the Site at your own risk.
Without limitation of the foregoing, neither First Aid nor any other Released Party shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the Site or the Content, including without limitation any damages caused by or resulting from your reliance on the Site or other information obtained from First Aid or any other Released Party or accessible via the Site, or that result from mistakes, errors, omissions, interruptions, deletion of files or email, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to First Aid or any other Released Party’s records, programs or services.
In no event shall the aggregate liability of First Aid, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Site exceed any amount paid by you for products or access to the Site or Services during the three (3) months prior to the date of any claim. Your sole and exclusive remedy for dissatisfaction or defects in the products or services purchased through the Site is the warranty of the respective manufacturer.
You shall defend, indemnify and hold harmless First Aid and the other Released Parties from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of your use of the Site and from the use of the Site by any person to whom you give access to your account.
Notices that we give you (other than notice of amendment of these Terms, which is discussed in the introduction of these Terms) may be provided in any of the following ways. First, we may email you at the contact information you provide in your Registration Data. Second, we may post a notice to you in the profile area of your account on the Site. Third, we may post the notice elsewhere on the Site. When we post notices on the Site, we post them in the area of the Site suitable to the notice. It is your responsibility to periodically review the Site for notices.
14. Applicable Law and Venue
The Site is controlled by First Aid and operated by it from its offices in Toronto, Ontario. You and First Aid both benefit from establishing a predictable legal environment in regard to the Site. Therefore, you and First Aid explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Site will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
Except where prohibited by applicable law, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether preexisting, present or future) arising out of or relating to (a) these Terms; (b) the Site or Content; (c) oral or written statements, advertisements or promotions relating to these Terms or to the Site; or (d) the relationships that result from these Terms or the Site or Content (collectively, a “Claim”) will be referred to and determined by a sole arbitrator (to the exclusion of the courts). Except where prohibited by applicable law, you waive any right you may have to commence or participate in any class action against First Aid related to any Claim and, where applicable, you also agree to opt out of any class proceedings against First Aid. If you have a Claim, you should give written notice to arbitrate at the address specified below. If we have a Claim, we will give you notice to arbitrate at your address provided in your Registration Data. Arbitration will be conducted by one arbitrator pursuant to the commercial arbitration laws and rules in effect on the date of the notice in the Province of Ontario.
To the extent arbitration as described in the immediately preceding paragraph is prohibited by applicable law, you agree that all Claims will be heard and resolved in a court of competent subject matter jurisdiction located in Toronto, Ontario. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.
If you choose to access the Site from locations other than Ontario, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify First Aid and the other Released Parties for your failure to comply with any such laws.
15. Termination/Modification of License and Site Offerings
Notwithstanding any provision of these Terms, First Aid reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your license to use the Site, or any portion thereof; (b) block or prevent your future access to and use of all or any portion of the Site or Content; (c) change, suspend or discontinue any aspect of the Site or Content; and (d) impose limits on the Site or Content.
First Aid reserves the right to change or modify any of the terms and conditions contained in these Terms, or any policy or guideline of the Site, at any time and in its sole discretion. If we do so, we will email you at the email address you provide in your registration information, if any, and/or post a conspicuous notice of the amended terms on the Site.
If you do not agree with the changes, your only remedy is to cease use of the Site and cancel your account with us without further obligation, if you have one. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Site, and your continued use of the Site after such time will constitute your acceptance of such changes or modifications. You should from time to time review the Terms and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of the Site. The Terms will always show the ‘last updated’ date at the top. If you do not agree to any amended Terms, you must stop using the Site. If you have any questions about the Terms, please email us at the contact address contained in these Terms below.
16. Termination of Agreement
You and First Aid may terminate these Terms and your use of the Site at any time.
If these Terms expire or terminate for any reason, Sections 3, 5, 7, 8, 12, 14, 15, 16, 17 and any representation or warranty you make in these Terms, shall also survive indefinitely.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. First Aid may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of First Aid, and any such attempted assignment will be void and unenforceable. These Terms constitute the entire agreement between you and First Aid regarding your use of the Site, and supercede all prior or contemporaneous communications whether electronic, oral or written between you and First Aid regarding your use of the Site. The parties confirm that it is their wish that these Terms, as well as any other documents relating to this Terms, including notices, have been and shall be drawn up in the English language only. Les parties reconnaissent avoir convenue que la présente convention ainsi que tous documents, avis et procédures judiciaires qui pourront être exécutés, donnés ou intentées à la suite des présentes ou ayant un rapport, direct ou indirect, avec la présente convention soient rédigée en anglais.
18. Questions and Comments
If you have any questions regarding these Terms or your use of the Site, please contact us here:
First Aid Canada Inc.