Terms and Conditions

These terms and conditions (the “Terms and Conditions”) govern the use of onecurb.com (the “Site”). This Site is owned and operated by Onecurb Solutions Ltd.. This Site is an ecommerce website.

By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.

THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.

Intellectual Property

All content published and made available on our Site is the property of Onecurb Solutions Ltd. This includes, but is not limited to images, text, logos, drawings, documents, downloadable files and anything that contributes to the composition of our Site.

Acceptable Use

As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:

• Violate the intellectual property rights of the Site owners or any third party to the Site;
• Hack into the account of another user of the Site; or
• Act in any way that could be considered fraudulent.

 

If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.

Accounts

When you create an account on our Site, you agree to the following:

1. You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and
2. All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.

We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.

Sale of Goods

These Terms and Conditions govern the sale of goods available on our Site. The following goods are available on our Site:

• Curb Adapters.

These Terms and Conditions apply to all the goods that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods we provide. You agree to purchase goods from our Site at your own risk.

We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.

Pricing does not include taxes, all taxes extra.

Prices & Quotations

Orders for the goods will be invoiced at the prices in effect at the time of Seller’s acceptance of Buyer’s order, unless otherwise specified by Seller in writing. Quotations are valid for 30 days, unless otherwise specified, and represent no obligation until the order issued by Buyer in response to the quote is acknowledged and accepted by Seller. The prices and Seller’s performance under an order are subject to resource availability and costs within Seller’s control at the time of manufacture of the goods covered by such order. Seller may adjust prices and shipment dates specified in an order before it accepts the order. Seller may change its published prices and other standard terms of sale at any time, but the change will not affect any order properly accepted by Seller and requested for immediate shipment before the effective date of the change.

Third Party Goods and Services

Our Site may offer goods and services from third parties. We cannot guarantee the quality or accuracy of goods and services made available by third parties on our Site.

Payments Terms

Payments will become due net 30 days after receipt of delivery.

Shipping and Delivery

When you purchase goods from our Site, the goods will be delivered through one of the following methods:

• Standard delivery by courier.

Delivery will take place as soon as reasonably possible, depending on the delivery method selected. Delivery times may vary due to unforseen circumstances. Please note that delivery times do not include weekends and statutory holidays.

You may be required to pay delivery charges in addition to the price for the goods you purchase.

If you purchase goods from us for delivery to a destination outside Canada your purchase may be subject to import duties and taxes applied by the destination country. You are responsible for paying any such duties or taxes. Please contact your local customs office for more information before making a purchase. We are not responsible for the payment of any such duties or taxes and are not liable for any failure by you to pay them.

You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information.

Measurements

Seller offers goods manufactured or assembled to Buyer’s or its customer’s specifications. Seller is not responsible for verifying or confirming the accuracy of specifications provided by Buyer to Seller for such custom goods and Seller is not be liable for any inaccuracy.

Changes/Cancellation by Buyer

In the event Buyer requests any change to an order and such change causes an increase in the price and/or the time required for delivery, Buyer shall be responsible for such additional costs and/or be subject to such revised delivery schedule, as applicable. Cancellations may be subject to cancellation costs up to the full value of the order depending on the status of the work-in-progress. Seller reserves the right to decline any changes that affect the function of the goods. Costs of changes may represent the full value of the order which is changed depending upon the level of customization and the status of work-in- process regarding the order which was changed.

Warranty

All products sold by Onecurb Solutions Ltd. carry a (1) year manufacturers warranty, in which an exact replacement product will be provided free of charge should there be any significant failure of the product caused by error in manufacturing. This warranty does not provide for labour, equipment or other costs associated with the removal of the existing product or install of the replacement product.

Consumer Protection Law

Where the Business Practice and Consumer Protection Act, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.

Limitation of Liability

Onecurb Solutions Ltd. and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site or use of our products.

Indemnity

Except where prohibited by law, by using this Site you indemnify and hold harmless Onecurb Solutions Ltd. and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site and/or Products or your violation of these Terms and Conditions.

Applicable Law

These Terms and Conditions are governed by the laws of the Province of British Columbia.

Dispute Resolution

Subject to any exceptions specified in these Terms and Conditions, if you and Onecurb Solutions Ltd. are unable to resolve any dispute through informal discussion, then you and Onecurb Solutions Ltd. agree to submit the issue first before a non-binding mediator and to an arbitrator in the event that mediation fails. The decision of the arbitrator will be final and binding. Any mediator or arbitrator must be a neutral party acceptable to both you and Onecurb Solutions Ltd.. The costs of any mediation or arbitration will be shared equally between you and Onecurb Solutions Ltd..

Notwithstanding any other provision in these Terms and Conditions, you and Onecurb Solutions Ltd. agree that you both retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement.

Severability

If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.

Changes to Terms and Conditions

These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.

Contact Details

Please contact us if you have any questions or concerns. Our contact details are as follows:

info@onecurb.com
7439 Lowland Drive, Burnaby, BC, V5J 5A8

You can also contact us through the feedback form available on our Site.

Effective Date: 9th day of June, 2022