GTC - Respond Solutions

iShopRSI: GENERAL TERMS AND CONDITIONS

Terms and conditions
Section 1 - General store terms and conditions
Section 2 - Historical data

Section 1: General terms and conditions
1. The owner of this web site is Respond Solutions Inc., a company incorporated in Canada whose address is 157 Adelaide St. W, Toronto, ON, M5H 4E7.
2. Your contract for purchases made through the Site is with Respond Solutions Inc.
3. You agree that e-mail can be used as a long-distance means of communication.
4. No contract for the sale of any item will subsist between you and ISHOPRSI unless and until ISHOPRSI accepts your order by way of an e-mail confirming that it has received payment in full for all the goods you have ordered. That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time ISHOPRSI sends the e-mail to you (whether or not you receive that e-mail). This confirmation e-mail amounts to an acceptance by ISHOPRSI of your offer to buy goods from ISHOPRSI or a third party supplier that is engaged on your behalf by ISHOPRSI.
5. This confirmatory e-mail will contain all relevant statutory information concerning your contract.
6. The confirmatory e-mail will also contain a link to these terms and conditions, and may be amended in accordance with paragraph 41 below from time to time.
7. You must check that the details on this confirmatory e-mail are correct as soon as possible and you should print out and keep a copy of it.
8. ISHOPRSI will not pass on your personal details to any third party. We shall be entitled to process your data in accordance with the terms of our Privacy Policy.
9. You undertake that all details you provide to ISHOPRSI for the purpose of ordering or purchasing goods or services are correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the goods or services ordered.
10. You must choose a username and password on completion of registration. You are responsible for all actions taken under that username and password and shall only use the Site under your own username and password. You must make every effort to keep your password safe and should not disclose it to anyone. If it is compromised, you must change it. You may not transfer or sell your username to anyone, nor permit, either directly or indirectly, anyone to use your username or password.
11. If there are any changes to the details supplied by you it is your responsibility to inform ISHOPRSI as soon as possible.
12. Subject to paragraph 13 below, all purchases are non-exchangeable, non-refundable and non-transferable.
13. You may cancel your order at any time prior to your order being processed by contacting the ISHOPRSI by sending an email to info@respond-solutions.com or by telephoning 647.477.2063 during normal office hours. You may also withdraw from the contract at any time after the product has been dispatched and you have received our email confirming your order but no later than 7 working days after the day after you receive the product by;
a. sending the notice of cancellation by email to store@iShopRSI.com ensuring that you quote your name, address and order reference number; or
b. where you have already received the goods, returning the goods to ISHOPRSI unopened together with the original invoice. ISHOPRSI will refund you the purchase price of the goods.
14. Once ISHOPRSI receive notification from you that you wish to withdraw from the contract (in accordance with these terms), any sum debited to ISHOPRSI from your credit card in relation to your order will be re-credited to that credit card account or by cheque from Respond Solutions Inc. as soon as possible and in any event within 30 days of your order provided that the goods you wish to return are received by ISHOPRSI in the condition that they were in when delivered to you. You will be liable for any charges incurred in returning the goods to ISHOPRSI.
Liability
15. This section applies only to the extent permitted by law. For the avoidance of doubt, ISHOPRSI does not exclude or limit any liability for (a) personal injury (including sickness and death) where such injury results from ISHOPRSI’s negligence or wilful default, or that of ISHOPRSI's employees, agents or subcontractors or (b) fraudulent misrepresentation.
16. ISHOPRSI does not accept liability (except as set out below) for any errors and omissions and reserves the right to change information, prices, specifications and descriptions of listed goods, products and services.
17. If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. In the event that you order an item and the price published on the Site is incorrect for any reason, we will contact you to let you know the correct price and ask you whether you still wish us to fulfil your order at this price. We shall be under no obligation to fulfil an order for a product which was advertised at an incorrect price. We shall give you the option of confirming the order at the correct price or if you so choose, to cancel the order altogether. If you cancel and have already paid for the goods in the circumstances described in this clause, we shall refund the full amount in accordance with these Terms.
18. ISHOPRSI will do its best to correct errors and omissions as quickly as practicable after being notified of them.
19. TO THE FULLEST EXTENT PERMITTED BY LAW, ISHOPRSI IS PROVIDING THIS SITE AND ITS CONTENTS ON AN ‘AS IS’ BASIS AND MAKES NO (AND EXPRESSLY DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THIS SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED IN THIS SITE INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, ISHOPRSI DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT.
20. In the unlikely event that you receive goods which were not what you ordered or which are damaged or defective, or are of a different quantity to that stated on your order form, ISHOPRSI shall, at its own option, make good any shortage or non-delivery, replace or repair any damaged or defective goods, or refund to you the amount you paid for the goods in question PROVIDED THAT you notify ISHOPRSI of the problem in writing at the address stated in the confirmation e-mail within 7 working days of delivery of the goods. NOTHING IN THIS CLAUSE AFFECTS YOUR STATUTORY RIGHTS.
21. You and ISHOPRSI will only be liable under these Terms for losses which are a reasonably foreseeable consequence of the relevant breach of contract.
22. The products sold on the Site are provided for private domestic and consumer use only. Accordingly, ISHOPRSI do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Site or for any products or services purchased from ISHOPRSI.
Processing of Orders
23. Where the method of payment selected is credit or debit card, the card will be debited on the day of purchase by ISHOPRSI via our online payment provider PayPal (www.paypal.com).
24. We do not accept cheques as payment.
25. We do not accept bank transfers.
26. All quoted prices exclude sales taxes (where applicable) unless otherwise stated. VAT and postage charges will be added to the sales total at the checkout stage.
27. ISHOPRSI aims to arrange shipment of all ‘in stock’ items within 48 hours of receiving your order. Your order may be delayed if the item is not in stock with our suppliers. Some items may be unavailable and the current stock status is approximate. ISHOPRSI are not able to supply dates our suppliers may get an item in stock.
28. You can keep track of your order status yourself on-line with the order history facility on your account page.
Delivery/title/risk
29. The period stated within which you will receive your order is approximate. Goods will be sent to the address given by you in your order and stated in the Order Confirmation.
30. Title to any product ordered will pass to you once ISHOPRSI has received payment in full for that product. Risk in any product ordered will pass upon delivery to you.
31. If your delivery address is outside of Canada, you may be subject to import duties and taxes, which are levied once a shipment reaches your country. Any such additional charges for customs clearance must be borne by you. You should note that customs policies vary widely from country to country; ISHOPRSI advises each customer to contact their local customs office for further information.
32. Please note that when shipping products internationally, you should be aware that cross-border shipments are subject to opening and inspection by customs authorities.
Misc.
33. We shall have no liability to you for any delay in the delivery of products ordered or any other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions, terrorist activity and/or any other similar events.
34. We shall have no liability (including liability for negligence) for the acts or omissions of telecommunications service providers or for failures of, or faults in their networks and equipment.
35. No waiver by us of any breach of these Terms shall be considered as a waiver of any subsequent breach of the same or any other provision.
36. You may not permit, create unauthorized framing of, or deep linking to, the Site or the creation of derivative works thereof from any other website under your management or control.
37. In these Terms, ‘Intellectual Property Rights’ means patents, database rights, copyright, design rights (whether registered or unregistered), trade marks (whether registered or unregistered) and other similar rights, together with the right to apply for the protection of any such rights. All Intellectual Property Rights in the Site shall be owned by us absolutely.
38. Subject to the licence granted to you to use the Site, ISHOPRSI reserves all rights, title and interest in its Intellectual Property Rights in the Site. Any goodwill accruing from use of ISHOPRSI and its affiliates’ trade marks, trade and business names and service marks under this Agreement will vest in ISHOPRSI and its affiliates, as appropriate.
39. It is a crime to use a false name or a known invalid credit card to order. Anyone caught wilfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law. ISHOPRSI has methods in place to enable us and all legitimate crime prevention and prosecution authorities to trace individual users engaging in criminal activities on our website
40. We reserve the right to terminate this Agreement and to suspend or terminate your access to the Site immediately and without notice to you if:
a. you fail to make any payment to us when due;
b. you breach the terms of this Agreement (repeatedly or otherwise);
c. when requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity;
d. we suspect you have engaged, or about to engage, or have in any way been involved, in fraudulent or illegal activity on the Site.
41. ISHOPRSI may amend these Terms from time to time, and place the new version on the Site. When ISHOPRSI do so, it will mention the fact on our home page (www.iShopRSI.com). For users purchasing goods or registering on the Site for the first time, all purchases from the date that the amended terms are placed on our website onwards will be governed by those new terms. Otherwise, such changes will be effective against existing users thirty days following posting of the amended version on the Site. Your continued use of the Site following ISHOPRSI’s posting of any changes will constitute your acceptance of such changes. If you do not agree to any changes to these Terms, then your only remedy is to cease using the Site.
42. These Terms supersede any and all other conditions, understandings, commitments, agreements or representations (except fraudulent misrepresentations) relating to your purchase, whether oral or in writing, and contain the entire agreement between ISHOPRSI and you relating to your purchase. ISHOPRSI advises that you print off and keep safe a copy of these terms and conditions once your order has been accepted by ISHOPRSI. We will store a copy of the contract entered into by you with ISHOPRSI. You are advised to read (and are responsible for reading) fully all information on this website.
43. If any provision of these Terms shall be held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the remaining parts of these Terms and the remainder of the affected provision shall be unaffected.
44. These Terms shall be governed by and construed in accordance with Ontario law and the parties shall submit to the exclusive jurisdiction of the Ontario courts.

2. ADVERTISING
2.1 The ISHOPRSI may make reference to a Client's contract within any proposal to further Clients, provided only fundamental facts are divulged and not proprietary and confidential information.
2.2 ISHOPRSI may store the names of the Delegates for the purpose of advising them of the availability of further courses in the future

3. CONFIDENTIALITY
The parties shall treat as and keep confidential all information whether of a technical, commercial or any other nature relating to the other party and shall not, during the period of this Agreement, or at any time after its termination, divulge any such information to any person not authorized by the divulging party to receive it and shall not utilize any secret or confidential knowledge or information acquired in connection with this Agreement to the detriment or prejudice of the other party or use the same for any purposes save for the purposes of this Agreement.

4. INTELLECTUAL PROPERTY
The copyright and all other intellectual property rights in all course materials shall remain the sole and exclusive property of the ISHOPRSI or, in the case of a course developed by a Partner of the ISHOPRSI, the Partner's organization. You undertake that you will not copy or permit the photocopying of course materials, nor disclose or permit the disclosure or sell or hire the same to third parties, nor use the same for running your own courses or other presentations

5. HEALTH AND SAFETY AT VENUE
The parties shall comply with all applicable health and safety legislation and codes of practice.

6. FORCE MAJEURE
Neither party shall be responsible for failure or delay in performing its obligations under this Agreement due to events beyond its reasonable control.

Section 2: ISHOPRSI Historical Data
Please read these Terms and Conditions carefully; they impose legal obligations on you. By using the Historical Information, you are acknowledging that you have read and understood these Terms and Conditions and agree to be legally bound by them.

1. DEFINITIONS
The following terms shall have the following meaning:
Fee: means the fee payable to the ISHOPRSI by the Customer, as posted on the ISHOPRSI website, for the purchase of Historical Information.
Historical Information: ISHOPRSI market information that is not real time or same day information. This data includes but is not limited to daily stocks, official prices, monthly volumes, monthly average prices and market open interest (other than real time) from previous trading on the ISHOPRSI.
Customer: means a person (whether individual, partnership or incorporated body) that purchases Historical Information in accordance with these Terms and Conditions.

2. PROVISION OF HISTORICAL INFORMATION
2.1 In consideration of payment of the relevant Fee the ISHOPRSI will send the Customer the Historical Information requested.
2.2 The ISHOPRSI does not guarantee that the Historical Information will be error free.

3. USE OF HISTORICAL INFORMATION
3.1 The ISHOPRSI grants to the Customer the right to use (including the right to extract, store, verify, arrange, manipulate, package, reproduce,make available, distribute, process) the Historical Information for personal use and limited internal purposes (including, but not limited to, development, help desk support, marketing, sales, demonstrations and editorial purposes) provided that, in the opinion of the ISHOPRSI, the Historical Information is not used for or does not amount to a separate profit making commercial initiative without the written consent of the ISHOPRSI.
3.2 The Customer must ensure that it does not misrepresent the Historical Information or display or distribute the Historical Information in any way that may, as determined by the ISHOPRSI at the ISHOPRSI’s sole discretion, create a false or misleading impression as to the origin or value of any item of the Historical Information or the operation of financial markets to which the Historical Information relates.
3.3 Any use of the Historical Information by the Customer, not specified in these Terms and Conditions is not authorized. The ISHOPRSI, upon written request by a Customer, may at its sole discretion approve alternative use of the Historical Information by a Customer and the Customer acknowledges that any such approval requires prior separate written agreement from the ISHOPRSI.

4. NO WARRANTIES
The ISHOPRSI does not give any warranties about the Historical Information. The Customer expressly acknowledges that the ISHOPRSI does not make any representations or warranties, express or implied, with respect to the merchantability, quality or fitness for purpose of the Historical Information and that the interpretation of Historical Information requires special skill and knowledge of financial markets.

5. INTELLECTUAL PROPERTY RIGHTS
5.1 The ISHOPRSI owns the intellectual property rights in the Historical Information. The Customer acknowledges the ISHOPRSI’s ownership of the Historical Information and agrees that receipt of the Historical Information by the Customer has no effect on the intellectual property rights of the ISHOPRSI.
5.2 The Customer must, at the ISHOPRSI’s request and expense, take all reasonable steps necessary for the protection and enforcement of the intellectual property rights of the ISHOPRSI in the Historical Information.

6. REFUNDS
The ISHOPRSI does not allow refunds or exchanges on any of its products or data services. All sales of Historical Information are final.

7. LIMITATION OF LIABILITY AND INDEMNITY
7.1 The ISHOPRSI will use all reasonable endeavours to ensure the accuracy and reliability of the Historical Information and to correct any errors or omissions as soon as reasonably practical to the extent it is within the ISHOPRSI’s reasonable control and ability to do so. The ISHOPRSI will not be liable for any delay, inaccuracy, error or omission of any kind in the Historical Information or for any resulting loss or damage; unless it is shown the act or omission by the ISHOPRSI was in bad faith. In addition, the ISHOPRSI will not be liable for any losses arising from unauthorized access to the Historical Information or any other misuse of the Historical Information, unless such access or misuse was the result of an act of bad faith by the ISHOPRSI.
7.2 The ISHOPRSI will indemnify the Customer against all losses, claims, damages, expenses or costs, for infringement (or alleged infringement) by the Historical Information of any proprietary rights of any third party. The Customer must co-operate with the ISHOPRSI to facilitate any such defence.
7.3 The ISHOPRSI will not be liable in contract, tort (including negligence and breach of a statutory duty) or otherwise to the Customer, or to others directly or indirectly making use of the Historical Information, for any direct, indirect or consequential loss, damage, injury, cost or expense arising in any way out of access to, provision or use of the Historical Information.
7.4 The parties acknowledge that this clause has no application to any liability that is prohibited or restricted by regulation or law from exclusion or restriction.

8. ASSIGNMENT
The Customer may not assign its rights under this agreement between the ISHOPRSI and the Customer.

9. SEVERABILITY
If any provision of these terms and conditions is found to be invalid or unenforceable to any extent, the remainder of the terms and conditions are not affected and remain enforceable to the extent permitted by law.

10. AMENDMENTS
The ISHOPRSI reserves the right to alter these terms and conditions for future purchases.