Terms and Conditions

Acceptance of Terms

Handytank ("Formation Marketing Canada Ltd.") makes this website (the "Site"), including all information, documents, content, materials, software and services (the "Materials") available on the Site, available to you for your personal, non-commercial use subject to the terms and conditions set forth in this legal agreement ("Terms of Use"). By accessing, browsing and/or using the Site, you acknowledge that you have read, understand and agree to be bound by the Terms of Use and to comply with all applicable laws and regulations, including all applicable export and re-export control laws and regulations. Handytank reserves the right to change the Terms of Use from time to time at its sole discretion. Your use of the Site will be subject to the most current version of the Terms of Use posted on the Site. You are responsible for periodically visiting these Terms of Use from time to time to review the then-current Terms of Use. If you do not agree to the Terms of Use, please do not use the Site.

*Please note that products, prices and promotions in retail locations, dealer locations, and on the website may vary.

Prohibited or Unlawful Use:

Handytank may alter, suspend, or discontinue this Site or any of the Materials at any time and for any reason, without prior notice to you. The Site may become unavailable due to maintenance or other reasons. If you do not abide by the provisions of the Terms of Use, Handytank may immediately deactivate or delete your user account and/or ban any further access to the Site. Handytank shall not be liable to you or any third party for any termination or cancellation of your access to, or use of, the Site.

Personal and Non-Commercial Use Limitation:

You are permitted to view, copy, download and print materials from the Site, provided that: You use the materials for informational, personal and non-commercial purposes only; you do not modify or alter the Materials in any way; you do not copy or distribute graphics from the Site separate from their text; you do not quote the materials out of context; and you display the copyright and trademark notice(s) listed at the bottom of the Terms of Use on all documents or portions of documents and retain any other copyright and other proprietary notices on every copy of Materials from the Site that you make. Handytank reserves the right to revoke the authorization to view, copy, download and print the Materials at any time and any such use shall be discontinued immediately upon written notice from Handytank. The rights specified above to view, copy, download and print the Materials are not applicable to the design or layout of the Site. Elements of the Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part. For permission to use third-party materials appearing on the Site, please contact the owner of such materials.

Account Security:

If you are required to open an account on this Site, you must complete the registration process by providing current, complete and accurate information as prompted by the application registration form. In most cases, you will be required to choose a password and user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Handytank immediately of any unauthorized use of your account or any other breach of security by emailing us at info@handytank.com. Handytank will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may not use anyone else's account at any time, without permission of the account holder.

Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED IN AN END USER LICENSE AGREEMENT ACCOMPANYING SOFTWARE DOWNLOADED FROM THIS SITE OR OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND Handytank, ALL MATERIALS ON THIS SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY OTHER REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE. YOU ASSUME THE ENTIRE RISK AS TO THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY INFORMATION, CONTENT OR MATERIALS THROUGH THE SITE, AND YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

WITHOUT LIMITING THE FOREGOING, Handytank MAKES NO WARRANTY THAT (I) THE SITE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (III) THE RESULTS THAT YOU MAY OBTAIN FROM USING THE SITE WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE WILL MEET YOUR EXPECTATIONS; (V) ANY ERRORS IN SOFTWARE OBTAINED FROM THE SITE WILL BE CORRECTED; AND, (VI) THIS SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitations on Liability

Handytank Canada may make changes to the materials, including without limitation, the prices and descriptions of any listed products at any time, without notice. The Materials on this Site may be out of date, or out of stock and Handytank makes no commitment to update such Materials. The Site could include technical or other mistakes, inaccuracies or typographical errors. Handytank assumes no responsibility for errors or omissions in the materials and/or other services, which are included on, referenced by or linked to this Site. References to other sites, services and products are provided "as is" without warranty of any kind, either express or implied.

IN NO EVENT SHALL Handytank, ITS SUPPLIERS OR LICENSORS HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF Handytank HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THEY ARE FORESEEABLE. IN NO EVENT SHALL Handytank (OR ITS SUPPLIERS' OR LICENSORS') MAXIMUM AGGREGATE LIABILITY TO YOU FOR DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED $1 CDN DOLLAR. THE LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM OR A FUNDAMENTAL BREACH. SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification

By using this Site, you agree to indemnify, defend and hold harmless Handytank and its affiliates, partners, third party content providers and licensors and each of their respective directors, officers, employees and agents from and against any and all claims, actions, suits, proceedings, judgments, damages, losses, liabilities, costs and expenses (including, without limitation, reasonable attorneys' fees and related reasonable costs) arising directly or indirectly out of or in connection with (a) your breach of these Terms of Use, (b) any content uploaded, posted or transmitted by you on or through the Site, and/or (c) your activities in connection with the Site. 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 the 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. The products ordered or purchased from this site may only be ordered and purchased for non-commercial and lawful purposes and any other use is not permitted. We also reserve the right to limit quantities of certain products purchased on this Internet site.

Colors- please note that we attempt to display the colors of product shown on this Internet site as accurately as possible. We cannot guarantee that the color you see matches the product color, as the display in color displayed varies by type of computer monitor used by you.

Errors or Omissions- Handytank will make every effort to ensure that the content on this Internet site is current and complete. We do not guarantee that the information on this Internet site will not contain errors or omissions relating to price, product description, or availability. Handytank reserves the right to correct any inaccuracy or add the omitted information via update without prior notice. Handytank also reserves the right to cancel any orders containing any errors or omissions whether the order has been processed by credit card. We will refund the charged credit card immediately and notify you via email or phone call of our error.

Links to Third Party Sites

This Site contains links to other sites on the Internet that are owned and operated by Handytank's partners, customers and other third parties (the "External Sites"). When you leave this Site and access an External Site, you do so entirely at your own risk and Handytank is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on the External Sites or for the quality of any products or services available on the External Sites. These links to External Sites are provided merely as a convenience.

You acknowledge and agree that the inclusion of such External Links does not imply that Handytank endorses or accepts any responsibility or liability for any content, advertising, products or other material that may appear on or may be available on, from or through any External Sites. You further acknowledge and agree that Handytank shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the purchase or use of or reliance on any such content, advertising, products, or other materials.

Privacy Policy & Security Statement

The terms of Handytank's Privacy Policy Statement ("Privacy Policy") are incorporated into the Terms of Use by reference. By accepting the Terms of Use, you acknowledge that you have read, understand and agree to be bound by the Privacy Policy.

International Users

The Site can be accessed from countries around the world and may contain references to products, services and programs that are not available in your country. These references do not imply that Handytank intends to announce such products, services or programs in your country. We make no representation that Materials on this Site are appropriate or available for use in locations outside of Canada and access to the Materials from territories where they are prohibited is illegal. If you choose to access this Site from outside Canada, you do so on your own initiative and are responsible for compliance with local laws.

Choice of Language

The Terms of Use is in the English language only, which language shall be controlling in all respects.

Choice of Law and Jurisdiction

This Site (excluding links to External Sites) is controlled by Handytank ("Formation Marketing Canada Ltd.") from its offices in Burlington, Ontario, Canada, notwithstanding the physical location of the servers on which the content resides. By accessing this Site, you and Handytank agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the Province of Ontario and the federal laws of Canada applicable therein. You and Handytank expressly disclaim all applicable choice of law or conflict of law rules and expressly exclude the United Nations Convention on Contracts for the International Sale of Goods. You and Handytank also agree and hereby submit to the exclusive personal jurisdiction and venue of the courts in Toronto, Ontario with respect to such matters.

General

The Terms of Use and the Privacy Policy constitute the entire agreement between Handytank and you and govern your use of the Sites. Neither the Terms of Use nor the Privacy Policy may be modified except in writing signed by both parties or by a new posting by Handytank, as described in "Acceptance of Terms" above. If any provision of the Terms of Use is determined to be unlawful, void or for any reason, or unenforceable, then that provision shall be deemed severable from the remaining provisions

Trademarks

The following are trademarks or registered trademarks of Handytank's logo and the combination logo and Handytank word mark.

Other products displayed on the Site may be trademarks or registered trademarks of their respective owners.

Unless specifically noted to the contrary, the example products, domain names, e-mail addresses, logos, people and events depicted on this Site are fictitious and no association with any real Handytank, organization, product, domain name, e-mail address, logo, person or event is intended or should be inferred.

If you have any questions regarding this Site or these Terms of Use, please contact us at info@handytank.com