Northwest Scada – Terms of Service

Terms and Conditions
Store Email List Terms
Flex Scada Terms and Conditions
Inspeed Terms and Conditions
Terms and Conditions

TERMS AND CONDITIONS OF
NORTHWESTSCADA.COM

Last revision: October 19, 2019


PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

The following Terms and Conditions govern and apply to your use of or reliance upon this website maintained by Northwestscada (the “Website”).

Your access or use of the Website indicates that you have read, understand and agree to be bound by these Terms and Conditions and any other applicable laws, statutes and/or regulations. We may change these Terms and Conditions at any time without notice, effective upon its posting to the Website. Your continued use of the Website will be considered your acceptance to the revised Terms and Conditions.


1. INTELLECTUAL PROPERTY

All intellectual property on the Website is owned by us or our licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names are owned, registered and/or licensed by us. All content on the Website, including but not limited to text, software, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content is a collective work under Canadian and other copyright laws and is the proprietary property of the Company; All rights reserved.


2. USE OF COMPANY MATERIALS

We may provide you with certain information as a result of your use of the Website including, but not limited to, documentation, data, or information developed by us, and other materials which may assist in the use of the Website or Services (“Company Materials”). The Company Materials may not be used for any other purpose than the use of this Website and the services offered on the Website. Nothing in these Terms of Use may be interpreted as granting any license of intellectual property rights to you.


3. ACCOUNT AND ACCOUNT USE

If your use of the Website requires an account identifying you as a user of the Website (an “Account”):

a) you are solely responsible for your Account and the maintenance, confidentiality and security of your Account and all passwords related to your Account, and any and all activities that occur under your Account, including all activities of any persons who gain access to your Account with or without your permission;

b) you agree to immediately notify us of any unauthorized use of your Account, any service provided through your Account or any password related to your Account, or any other breach of security with respect to your Account or any service provided through it, and you agree to provide assistance to us, as requested, to stop or remedy any breach of security related to your Account, and

c) you agree to provide true, current, accurate and complete customer information as requested by us from time to time and you agree to promptly notify us of any changes to this information as required to keep such information held by us current, complete and accurate.


4. PAYMENT

When you make a purchase on the Website, you agree to provide a valid instrument to make a payment. Pay attention to the details of the transaction, as your total price may include taxes, fees, and shipping costs, all of which you are responsible for.

When you provide a payment instrument to us, you confirm that you are permitted to use that payment instrument. When you make a payment, you authorize us (and our designated payment processor) to charge the full amount to the payment instrument you designate for the transaction. You also authorize us to collect and store that funding instrument, along with other related transaction information.

If you pay by credit or debit card, we may obtain a pre-approval from the issuer of the card for an amount as high as the full price. If you cancel a transaction before completion, this pre-approval may result in those funds not otherwise being immediately available to you.

We may cancel any transaction if we believe the transaction violates these Terms, or if we believe doing so may prevent financial loss.

In order to prevent financial loss to you or to us, we may contact your funding instrument issuer, law enforcement, or affected third parties (including other users) and share details of any payments you are associated with, if we believe doing so may prevent financial loss or a violation of law.


5. SALE OF GOODS AND SERVICES

We may sell goods or services or allow third parties to sell goods or services on the Website. We undertake to be as accurate as possible with all information regarding the goods and services, including product descriptions and images. However, we do not guarantee the accuracy or reliability of any product information and you acknowledge and agree that you purchase such products at your own risk.


6. SHIPPING, DELIVERY AND RETURN POLICY

You agree to ensure payment for any items you may purchase from us and you acknowledge and affirm that prices are subject to change. When purchasing a physical good, you agree to provide us with a valid email and shipping address, as well as valid billing information. We reserve the right to reject or cancel an order for any reason, including errors or omissions in the information you provide to us. If we do so after payment has been processed, We will issue a refund to you in the amount of the purchase price. We also may request additional information from you prior to confirming a sale and we reserve the right to place any additional restrictions on the sale of any of our products. For the sale of physical products, we may preauthorize your credit or debit card at the time you place the order or we may simply charge your card upon shipment. You agree to monitor your method of payment. Shipment costs and dates are subject to change from the costs and dates you are quoted due to unforeseen circumstances.

For any questions, concerns, or disputes, you agree to contact us in a timely manner at the following:

Northwest Scada
Box 721
Lytton BC
V0K1Z0
info@northwestscada.com
1-877-352-5396

If you are unhappy with anything you have purchased on our Website, you may do the following:

Customers can contact us via phone, email or live chat regarding a refund.


7. ACCEPTABLE USE

You agree not to use the Website for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website in any way that could damage the Website, the services or the general business of Northwestscada.

You further agree not to use and/or access the Website:

a) To harass, abuse, or threaten others or otherwise violate any person’s legal rights;

b) To violate any intellectual property rights of us or any third party;

c) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;

d) To perpetrate any fraud;

e) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;

f) To publish or distribute any obscene or defamatory material;

g) To publish or distribute any material that incites violence, hate or discrimination towards any group;

h) To unlawfully gather information about others.


8. PROTECTION OF PRIVACY

Through your use of the Website, you may provide us with certain information. By using the Website, you authorize us to use your information in Canada and any other country where We may operate.

When you register for an account, you provide us with a valid email address and may provide us with additional information, such as your name and/or billing information. Depending on how you use our Website, we may also receive information from external applications you use to access our Website, or we may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others.

We use the information gathered from you to ensure your continued good experience on our website, including through email communication. We may also track certain of the passive information received to improve our marketing and analytics, and for this, we may work with third-party providers.

If you would like to disable our access to any passive information we receive from the use of various technologies, you may choose to disable cookies in your web browser. Please be aware that we will still receive information about you that you have provided, such as your email address.


9. REVERSE ENGINEERING & SECURITY

You may not undertake any of the following actions:

a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website;

b) Violate the security of the Website through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.


10. DATA LOSS

We are not responsible for the security of your Account or Content. Your use of the Website is at your own risk.


11. INDEMNIFICATION

You defend and indemnify Northwestscada and any of its affiliates and hold us harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to your use or misuse of the Website, your breach of these Terms and Conditions, or your conduct or actions. We will select our own legal counsel and may participate in our own defence, if we wish to so.


12. SPAM POLICY

You are strictly prohibited from using the Website or any of our services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.


13. THIRD-PARTY LINKS & CONTENT

We may occasionally post links to third party websites or other services. We are not responsible or liable for any loss or damage caused as a result of your use of any third party services linked to from our Website.


14. VARIATION

To the extent any part or sub-part of these Terms and Conditions is held ineffective or invalid by any court of law, the prior, effective version of these Terms and Conditions be considered enforceable and valid to the fullest extent.


15. SERVICE INTERRUPTIONS

We may need to interrupt your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that the we will have no liability for any damage or loss caused as a result of such downtime.


16. TERMINATION OF ACCOUNT

We may, in our sole discretion, suspend, restrict or terminate your Account and your use of the Website, effective at any time, without notice to you, for any reason, including because the operation or efficiency of the Website or our or any third party’s equipment or network is impaired by your use of the Website, any amount is past due from you to us, we have received a third party complaint which relates to your use or misuse of the Website, or you have been or are in breach of any term or condition of these Terms and Conditions. We will have no responsibility to notify any third party, including any third party providers of services, merchandise or information, of any suspension, restriction or termination of your access to the Website.


17. NO WARRANTIES

Your use of the Website is at your sole and exclusive risk and any services provided by us are on an “as is” basis. We disclaim any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Website will meet your needs or that the Website will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. Any damage that may occur to you, through your computer system, or as a result of loss of your data from your use of the Website is your sole responsibility and we are not liable for any such damage or loss.


18. PRIVACY

Internet communications are subject to interception, loss or alteration and, as consequence, you acknowledge that information or data you provide by electronic means by accessing or using this Website are not confidential or exclusive, except to the extent required by the applicable laws, and that communications by email may be intercepted, altered or lost.

For more information, please refer to our Privacy Policy, which you may find at the following address: northwestscada.com/privacy.


19. LIMITATION ON LIABILITY

We are not liable for any damages that may occur to you as a result of your use of the Website, to the fullest extent permitted by law. The maximum liability of Northwestscada arising from your use of the Website is limited to the greater of one hundred ($100) Canadian Dollars or the amount you paid to Northwestscada in the last six (6) months. This applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.

Store Email List Terms

By completing a purchase and providing your email at checkout you agree to being added to Northwest Scada’s store email list.

Flex Scada Terms and Conditions

Northwest Scada backs all Flexscada gear with a complementary 3 year warranty with the following terms.

Warranty:

Our warranty covers

  • Product failure during normal use or it will be handled as a repair
  • Original purchase receipt must be provided with all warranty claims
  • Return shipping is at buyers expense

Making a warranty claim:

  1. Contact usand our sales department will open a warranty case and collect any additional information required
  2. Return the affected item(s) to our RMA department at (Item must be returned with a copy of the purchase receipt)
    Northwest Scada
    ATTN: RMA DEPT
    PO Box 721
    Lytton, BC
    V0K1Z0 Canada
    1-877-321-5396
  3. After our RMA department receives the item they will perform analysis to determine the cause of failure.
    If the cause of failure is determined to be within the warranty we will either repair or replace the product and ship it back to you at our expense.
    If the cause of failure is determined to be outside the warranty such as water damage on a device not specified for under water operation it will be handled as a repair.

Broken or Defective Items:

Items received that are broken in shipping or defective are covered with two options, a Replacement or a Return of the item for a full refund. Please not the following terms.

  • Depending on the item, it may be brought it for failure analysis, in this case we will reimburse you for the return shipping cost (Return shipping receipt may be required)
  • Return the affected item(s) to our RMA department at (Item must be returned with a copy of the purchase receipt)
    Northwest Scada
    ATTN: RMA DEPT
    PO Box 721
    Lytton, BC
    V0K1Z0 Canada
    1-877-321-5396

Returns:

A 30 day return policy is in place for all item, the following terms mist be met.

  • Return shipping is at buyers expense
  • 20% restocking fee may apply
  • Proof of purchase (e.g invoice or receipt) required

Making a return:

  1. Contact usand our sales department will open a warranty case and collect any additional information required
  2. Return the affected item(s) to our RMA department at (Item must be returned with a copy of the purchase receipt)
    Northwest Scada
    ATTN: RMA DEPT
    PO Box 721
    Lytton, BC
    V0K1Z0 Canada
    1-877-321-5396
  3. After the item is recieved by our sales department they will issue the appropriate refund.

Repairs:

We are equipped to repair almost all of our products from the very worst of damage, if your product has suffered from electrical surge, water or physical damage theirs a good chance we can repair it at a fraction of the original cost.

Making a return:

  1. Contact us, and our sales department will determine if your item is eligible for a repair and give you a rough estimate on cost aswell as collecting any additional information required.
  2. Return the affected item(s) to our RMA department at
    Northwest Scada
    ATTN: RMA DEPT
    PO Box 721
    Lytton, BC
    V0K1Z0 Canada
    1 844-321-8933
  3. After our repair department receives your item and inspects it, they will give you a quote to perform the required repairs.
  4. If the quote is accepted our team will perform the necessary repairs and return the item.

The following terms apply to repairs

  • Repaired items are warrantied for two years (Original warranty terms apply)
  • Shipping to and from our repair shop is at buyers expense
Inspeed Terms and Conditions

The following Terms and Conditions apply to the use of this Web site as well as all transactions conducted through the site.

Legal Notice

In plain English:

We work very hard to produce a quality product.

Understandably, over time things can happen.

These terms and conditions state that we are responsible only for our devices. If you use an Inspeed device on one of your expensive systems, or if the failure of an Inspeed device has consequences for you or your business, Inspeed is not responsible in any way.

In legalese:

WARRANTY LIMITATIONS AND EXCLUSIONS

The warranties provided herein for the products offered by Inspeed are complete and are in lieu of, and customer hereby waives, all other conditions, representations and warranties, express or implied, by statute, usage, custom of the trade or otherwise including, without limitation, the implied warranties of merchantability and fitness for a particular purpose. Notwithstanding any other or prior statement, written or oral, Inspeed makes no other warranties regarding the quality of its products and Inspeed expressly disclaims any warranties of durability, that the product will meet all of customer’s needs or that the operation of the products will be error free.

Customer acknowledges and agrees that the products supplied by Inspeed are not specifically designed, manufactured or intended for use or resale in applications or environments requiring fail-safe performance. Inspeed explicitly disclaims any express or implied warranty of fitness for any such use and the customer hereby agrees to release and hold Inspeed harmless from any liability, claims and damages caused by, resulting from or in connection with the use of these products.

Inspeed’s liability shall be limited to the price paid by customer for the products or to replacement of the products, and customer shall be entitled to no other remedy, regardless of the form of the claim. Inspeed shall not be liable for indirect, special, incidental, consequential or punitive damages arising from or relating to the use of or inability to use the products, whether or not such damages are foreseeable and whether or not customer has been advised of the possibility of such damages, including but not limited to loss of use of equipment, down-time costs or damages for delay, or for damages for economic losses or property damage arising from any acts or omissions, whether in negligence, strict liability, or other product liability theories. The limitations of liability and warranty disclaimers stated herein form an essential basis of the bargain between the parties and apply regardless of whether any limited remedy hereunder fails of its essential purpose.

All notices from Inspeed.com to You may be posted on our Web site and will be deemed delivered within thirty (30) days after posting. Notices from You to Inspeed.com shall be made either by e-mail, sent to the addresswe provide on our Web site, or first class mail to our address at:

Delivery and Return Policy

Delivery shall be deemed to have been made by You to Inspeed.com five (5) days after the date sent.

1 year 100% warranty on any defective parts and/or any failure resulting from normal use.

And if you open the box and it is not what you wanted or expected, return it within 2 weeks in as-new condition for a 100% refund (sorry – not including shipping!).

Basically – our goal your complete satisfaction.

International

Customs and import duties may be applied to International orders when the shipment reaches its destination. Such charges are the responsibility of the recipient of your order and vary from country to country. Contact your local customs office for details.

Shipping laws are different in each country. It is your responsibility to check with your Customs office to verify whether the country to which you are shipping permits the shipment of your products. Inspeed.com is not responsible for any direct, indirect, punitive, or consequential damages that arise from improper international shipping practices.

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