Terms of use

Welcome to the !Nu.I Website. Please review the terms and conditions of use carefully, as they govern your use of our nu-i.ca site. The following terms and conditions of use are an agreement between !Nu.I and you. Your use of the website constitutes your agreement to follow and be bound by the agreement. We reserve the right to modify this Agreement at any time in our sole discretion without prior individual notice. Any modifications to this agreement will be posted on the site. For this reason, we encourage you to review the agreement whenever you use our site. You can tell when this agreement was last modified by checking the “last updated” date that appears at the bottom of the Agreement. If you do not agree to these terms, please do not use this site.

Site Transactions

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

Right to Change Site

We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue the website or any service, content, feature or product offered through the site, with or without notice; charge fees in connection with the use of the site; modify and/or waive any fees charged in connection with the site; and/or offer opportunities to some or all users of the site. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the site, or of any service, content, feature or product offered through the site.

Site Contents

Unless otherwise noted, the website, and all materials on it including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trade-marks, trade dress and/or other intellectual property in such materials (collectively, the “Contents”), are owned, controlled or licensed by !Nu.I. Any other trade-marks appearing on the site are the trade-marks of !Nu.I.

The site and the contents are intended solely for personal, non-commercial use. You may download or copy the contents displayed on the site for your personal use only. No right, title or interest in any downloaded content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the contents or the site.

Personal Information Submitted Through the Sites

Your submission of personal information through the site is governed by our privacy policy, which can be reached by clicking on the “Privacy Policy” link located in the footer section of the site (the “Privacy Policy”). This agreement incorporates by reference the terms and conditions of the Privacy Policy.

Product Information

Many products displayed on the site are available at the !Nu.I House. Unless otherwise indicated, prices displayed on the site are quoted in Canadian Dollars.

Certain products are available exclusively online through the site. These products may have limited quantities and are subject to return or exchange only through the site according to the applicable return policy.

Tax Policy

Tax charges are based on applicable federal, provincial and harmonized sales tax rates based on the delivery address associated with your order. Where required, sales tax will also be applied to the shipping and handling charges. If you return an item for a refund, you will also receive a refund for the sales taxes you paid for that item. You will not receive a refund for the sales taxes you paid on the shipping and handling of that item, as the shipping and handling charges are non-refundable once an item has been shipped. If you have questions about the sales taxes on your invoice, please call us anytime at 450-314-1312.

Tax Exempt Purchases

If you are making a purchase for a tax-exempt organization or are an individual that qualifies for a tax exemption, please contact our Customer Service team at 450-314-1312. To ensure compliance with federal and provincial tax laws, all requested forms and information must be received and verified by our Customer Service team before a tax refund can be processed.

Errors, Inaccuracies, and Omissions

Occasionally there may be information on our site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the site is inaccurate at any time without prior notice (including after you have submitted your order).

Colors

We have made every effort to display as accurately as possible the colors of our products that appear on the site. We cannot guarantee that your computer monitor’s display of any color will be accurate.

Promotions

In addition to the terms and conditions of this agreement, any contests, sweepstakes, surveys, games or similar promotions (collectively, “Promotions”) made available through the site may be governed by specific rules that are separate from this agreement. By participating in any such Promotion, you will become subject to those rules, which may vary from the terms and conditions. To the extent that the terms and conditions of such rules conflict with this agreement, the terms and conditions of such rules shall control.

Links to Other Web Sites and Services

The site may contain links to other Websites that are not under the control of !Nu.I. !Nu.I does not have any responsibility for the linked Websites nor does linking constitute an endorsement of any linked Website. Links are provided solely for the convenience and information of the site’s users.

Passwords

You are solely responsible for maintaining the confidentiality of your password and user account information. You must notify us immediately in the event of any known or suspected unauthorised use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your or anyone else’s password. You are solely responsible for any and all activities which occur under your user account. You agree to immediately notify us of any unauthorised use of your user account or any other breach of security known to you.

Disclaimer

THE CONTENT OF THE SITES IS PROVIDED “AS IS” WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

!NU.I DOESN’T WARRANT THAT THE SITES OR ANY FUNCTION CONTAINED IN THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVERS THAT MAKE THE SITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

!NU.I DISCLAIMS ANY DUTY TO UPDATE OR REVISE THE CONTENT OF THE SITE, ALTHOUGH WE MAY MODIFY THE CONTENT AT ANY TIME WITHOUT NOTICE. YOUR USE OF THE SITES IS AT YOUR SOLE RISK, AND YOU ASSUME FULL RESPONSIBILITY FOR ANY COSTS ASSOCIATED WITH YOUR USE OF THE SITE. !NU.I SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SITES.

!Nu.I doesn’t warrant that the site, or any part thereof, are appropriate or available for use in any particular jurisdiction. Those who choose to access the site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

Choice of Law and Jurisdiction

To the maximum extent permitted by law, this agreement shall be construed in accordance with the laws of Quebec and Canada, as applicable therein, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the Superior Court of Justice or Federal Court of Canada.

General

The waiver of any provision of the agreement shall not be considered a waiver of any other provision of !Nu.I’s right to require strict observance of each of the terms herein. If any provision of the agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This agreement constitutes the entire agreement between us relating to your use of the site.

!Nu.I may assign its rights and obligations under the agreement. The agreement will inure to the benefit of !Nu.I’s successors, assigns and licensees.

Termination

These terms are effective unless and until terminated by either you or !Nu.I and also may terminate this agreement at any time without notice, and accordingly may deny you access to the site, if in our sole judgment you fail to comply with any term or provision of the agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

Choice of Language

The parties hereto confirm that it is their wish that this agreement, as well as other documents relating to including notices, have been and shall be drawn up in the French language only.

Please access the french version of our website to review our full Terms of use. For any questions about our Terms of use, contact us at 450.314.1312 or nui@nu-i.ca

Last update : december 11th 2011