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legal terms and conditions

legal terms and conditions


Welcome to the Internet Site of Sears Canada Inc. This Internet Site comprises various Web pages and is owned and operated by Sears Canada Inc. or its subsidiaries and affiliates (collectively referred to herein as "Sears"). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS INTERNET SITE since both use of this Internet Site as well as all sale of products and services offered on this Internet Site are subject to the legal terms and conditions outlined below (collectively, the "Terms and Conditions").

 

Your use of this Internet Site in any manner, including browsing, activating an account with us or making a purchase, constitutes your acknowledgement that you have read the Terms and Conditions and that you agree to follow and be bound by them. Sears reserves the right to modify or change the Terms and Conditions at any time without prior notice to you. Your continued use of the sears.ca website signifies your acceptance of such revised Terms and Conditions; therefore, we urge you to read them carefully each time you use this Internet Site.

Please note that the guidelines, policies and other terms and conditions of use and sale at the retail stores and/or catalogue of Sears and other Sears-affiliated or co-branded websites may vary.

Please also note that products, prices and promotions in retail locations, on the website and in our catalogues may vary.

Please also see our Security and Privacy Policy as well as our Pricing Policy and Returns Policy.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

You may copy electronically or print hard copies of any of the Web pages from this Internet Site provided that such copying or printing is for your personal non-commercial and lawful use, and provided that such copies clearly display the copyright, trademark and any other proprietary notices of Sears. Except when the express written authorization of Sears is granted, you may not copy, transmit, distribute, display, perform, reproduce, publish, transfer, frame or create derivative works of any of the Web pages and information (including any portion of them) which is obtained from this Internet Site. Sears reserves complete title and full intellectual property rights in any material that you may copy electronically or print from this Internet Site.

PROHIBITED OR UNLAWFUL USE

You warrant to Sears that you will not use this Internet Site for any purpose that is either unlawful or prohibited by the Terms and Conditions. You agree not to use this Internet Site in any manner which could cause it to be disabled, damaged, overloaded, or impaired or interfere with any other person's use and enjoyment of this Internet Site. You may not misrepresent your identity or location as a user and you may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this Internet Site. SEARS EXPRESSLY PROHIBITS ANY UNAUTHORIZED THIRD PARTY LINKING TO SEARS.CA, including links to the home page or any other page on the sear.ca domain.

ACCOUNT NAME AND PASSWORD

For certain activities on this Internet Site, you are required to have an account name and a password. It is solely your responsibility to keep your account information and password secure. You must not disclose your password to anyone. You agree to notify Sears immediately of any unauthorized use of your account. SEARS DISCLAIMS ALL LIABILITY ARISING FROM OR RELATED TO YOUR FAILURE TO KEEP YOUR ACCOUNT NAME AND PASSWORD SECURE.

PROPRIETARY RIGHTS

"Sears.ca", Sears logos and trademarks, as well as certain other names, words, logos, slogans, images, marks, trade names, and trademarks used on this Internet Site, are the properties of their respective owners. You may not use, reproduce, copy or manipulate any such logos, trademarks, slogans, images, marks, or trade names in any manner without the prior written consent of the owner. Portions of this site are authorized to operate under license of U.S. Patent Nos. 5,528,490, 5,761,649, and 6,029,142.

All content of this Internet Site, including all information, design, images, sound, photographs, video, illustrations, links to other Internet Sites, icons, graphics, headers, text, data and software (collectively, "Content") and the presentation, arrangement, coordination, enhancement and selection of such Content are subject to intellectual property rights, including copyright, trademark, or other proprietary rights or licenses held by Sears or a Sears affiliate or by third parties who have licensed their rights to Sears. All such rights are expressly reserved.

REVIEWS AND ANSWER AREA

This Internet Site enables you to submit user-generated content. If you provide content, by completing a Customer Review or submitting content for the Answer Area, you grant Sears a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicencable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display what you have written throughout the world in any media. You also grant Sears the right to use the name you submit with the feedback or Customer Review, if any. You also allow Sears to group all content submitted within the same account in a user profile.

Questions, answers, reviews and all other information posted here reflect the opinions of the forum participants and in no way reflect the opinion of or are endorsed by Sears. Sears does not guarantee the accuracy or reliability of any information provided in the Answer Area. Sears makes no representation or warranty with respect to this forum and assumes no liability for incorrect product information, mistakes, misinformation, falsehoods, profanity, obscenity, or other inappropriate material posted by any forum participant. All Customer Answer Area content must be completed in accordance with Answer Area Guidelines. All Customer Reviews must be completed in accordance with Sears Customer Review Guidelines.

DISCLAIMER PLEASE NOTE THAT ALL CONTENT ON THIS INTERNET SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SEARS DISCLAIMS, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND LIABILITIES OF SEARS, WHETHER EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THIS INTERNET SITE OR ANY OTHER INTERNET SITE LINKED TO THIS INTERNET SITE AND ANY CONTENT ON THIS INTERNET SITE OR ANY OTHER INTERNET SITE LINKED TO THIS INTERNET SITE, INCLUDING, BUT NOT LIMITED TO, ANY: IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; IMPLIED WARRANTY OF NON-INFRINGEMENT; OR ANY CLAIM IN TORT (INCLUDING NEGLIGENCE). WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT SEARS DOES NOT REPRESENT OR WARRANT THAT THIS INTERNET SITE WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT THIS INTERNET SITE OR THE SERVER THAT MAKES THIS INTERNET SITE AVAILABLE ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS OR OMISSIONS OR FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
SEARS DOES NOT WARRANT THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED IN THIS INTERNET SITE, INCLUDING ANY ADVICE OR OTHER SIMILAR INFORMATION OBTAINED BY YOU FROM US OR THROUGH THIS INTERNET SITE. SEARS DOES NOT MAKE ANY REPRESENTATION THAT THE CONTENT PROVIDED IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF CANADA.

LIMITATION OF LIABILITY

IN NO EVENT SHALL SEARS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, SUCCESSORS OR ASSIGNS OR OTHER REPRESENTATIVES BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE-WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, INABILITY TO USE, OR RESULTS OF USE OF, THIS INTERNET SITE OR ANY CONTENT ON THIS INTERNET SITE EVEN IF SEARS OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS INTERNET SITE AND THE CONTENT THEREON, OR THE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THIS INTERNET SITE. IF ANY PORTION OF THIS LIMITATION IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN SEARS TOTAL LIABILITY TO YOU SHALL IN NO EVENT EXCEED ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, IN WHICH CASE THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

INDEMNIFICATION

You shall indemnify and save harmless Sears, its officers, directors, employees, affiliates, partners, service providers, consultants, representatives and agents from and against any claim, cause of action or demand, including, but not limited to, reasonable legal, accounting and other professional fees brought as a result of your use of this Internet Site ONLINE SHOPPING
In order to purchase through this Internet Site you must be the age of majority in your province/territory of residence and you must agree to pay for all charges noted on this Internet Site as payable by you. All prices listed on this Internet Site are in Canadian dollars and all charges will be processed in Canadian dollars. Furthermore, any product ordered or purchased from this Internet Site may only be ordered or purchased for non-commercial and lawful purposes and any other use is not permitted. Sears reserves the right to limit the quantities of certain products which you can purchase through the facilities of this Internet Site. In addition to any other rights or remedies, Sears may, in its sole discretion and without any limitation of liability, restrict or terminate your access to any part of this Internet Site at anytime.

"Errors, Inaccuracies or Omissions"

Sears makes every effort to ensure that the Content on this Internet Site is complete and current. However, Sears does not guarantee that the information contained on this Internet Site will not contain errors, inaccuracies or omissions. Such errors, inaccuracies or omissions may relate to price or to product description or availability. Sears reserves the right to correct any error, inaccuracy or omission or to change or update the Content without prior notice to you. Further, Sears reserves the right to refuse or cancel any orders containing any error, inaccuracy or omission, whether or not the order has been submitted, confirmed and/or your credit card has been charged. If your credit card has been charged for the purchase and your order is cancelled, Sears shall promptly issue a credit to your credit card. If you are otherwise unsatisfied with your purchase, you may return it to Sears. Please also see our Returns Policy.

"Prices"

Please note that all prices listed on this Internet Site are for online purchases only and may not be matched at any Sears retail location. Similarly all prices at any Sears retail location may not be matched for online purchases on this Internet Site. Furthermore, Sears charges sales tax for products ordered on this Internet Site based on the applicable combined federal and provincial sales tax rate of the location to which the order is being shipped. Please also see our Pricing Policy.

"Colours"

Please note that although Sears attempts to display the colours of the product shown on this Internet Site as accurately as possible, we cannot guarantee that the colour you see matches the product colour, as the display of colour depends, in part, upon the type of computer monitor used by you.

"Delivery"

If shipping or delivery services are made available by Sears, Sears will endeavour to ship or deliver any ordered product as quickly as possible and within any time periods indicated. However, you acknowledge and agree that Sears will not be held responsible for any delays in shipping or delivery. Where delivery is delayed, Sears will notify you as soon as possible. Sears will not deliver products to addresses located outside of Canada.

LINKS TO OTHER INTERNET SITES ARE NOT ENDORSEMENT

This Internet Site may contain links to other Internet Sites which are provided to you for your convenience. Please note that the provision of any links to other Internet Sites does not constitute an endorsement by Sears of such linked Internet Sites. All such other Internet Sites are wholly independent from this Internet Site and from Sears and Sears has no control or power over such other Internet Sites including their content. If you visit any of the linked Internet Sites, we urge you to review their respective terms and conditions of use as well as their policies on privacy and security.

ENTIRE AGREEMENT

These Terms and Conditions, together with the Pricing Policy , Returns Policy as well as the Security and Privacy sections of this Internet Site, constitute the entire agreement between Sears and you regarding the subject matter of this agreement, and supersede all prior or contemporaneous communications, whether electronic, oral or written between Sears and you with respect to such subject matter. In the event of a conflict between these Terms and Conditions and the Pricing Policy or Returns Policy , these Terms and Conditions shall prevail.

SEVERABILITY

These Terms and Conditions shall be deemed severable. In the event that any provision of the Terms and Conditions is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

GOVERNING LAW

The Terms and Conditions as well as the use of this Internet Site, including any order or purchase made through this Internet Site shall be governed by the laws of the province of Ontario and the laws of Canada applicable therein. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.