Updated: April 2025
WEBSITE TERMS OF USE (“TERMS OF USE”)
Your Acceptance of these Terms of Use
Please read these Terms of Use carefully before using this site as they represent a binding agreement between each user of our site (“you” or “your”) and Toshiba Tec Canada Business Solutions Inc. (referred to as “TTCS”, “we”, “us” or “our”).
If you wish to access and use our site, you must accept and agree to be bound by and comply with these Terms of Use. If you do not agree to these Terms of Use, then you must not access or use our site.
You agree that these Terms of Use, and any related information, communications and agreements between you and us, may be made available or occur electronically.
These Terms of Use were last updated on the “Updated” date indicated above. We reserve the right, at our sole discretion, to modify these Terms of Use at any time. Such modifications shall become effective immediately upon the posting thereof. You must review these Terms of Use on a regular basis to keep yourself apprised of any changes.
Eligibility to Use the Site
You hereby represent and warrant that, and you will use our site only if, at the time of use, you (i) can lawfully enter into and form contracts in accordance with applicable local laws; and (ii) have reviewed and agreed to these Terms of Use.
Use of Our Site
The site is only intended for access and use by users located within Canada. If you access our site from outside of Canada, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
TTCS grants you (as a permitted user) a limited, revocable, non-exclusive licence to access our site for your own personal and noncommercial use, and in compliance with all applicable laws. Use of our site beyond the scope of authorized access granted to you by these Terms of Use immediately terminates that licence. For greater certainty, TTCS, in its sole discretion, may also terminate or suspend your licence to use the site and/or your account for any reason or no reason, with or without notice to you.
All rights not expressly granted by these Terms of Use are reserved to us, or, if applicable, our licensors.
Notwithstanding anything else contained herein, we reserve the right to refuse to provide access to our site to anyone at any time for any reason, without any notice or liability.
Trademark and Copyright Information
You shall not copy, duplicate, reproduce, create derivative works, use, modify, transmit, distribute, redistribute, decompile or disassemble, reverse engineer (or otherwise attempt to discover any source code contained in our site), sell, resell or in anyway exploit copyright protected or proprietary materials, or any other content available in this site, except as expressly permitted by the respective owner(s) thereof. For greater certainty, the use of the content in this site on any other website, including by linking or framing, or the mirroring of such content on any other server, is prohibited without TTCS’ prior written approval. Use of any software available for downloading from the site is governed by the terms of the applicable licence agreement accompanying or included with the software. All trademarks, service marks, and trade names in this site are the marks of the respective owner(s), and any unauthorized use thereof is strictly prohibited. You agree to abide by any and all copyright notices displayed on our site.
Disclaimer of Warranties and Liability
THE MATERIALS MADE AVAILABLE IN THIS SITE, INCLUDING MATERIALS IN LINKED SITES DIRECTLY OR INDIRECTLY ACCESSIBLE FROM THIS SITE, ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT THIS SITE WILL OPERATE IN AN UNINTERRUPTED FASHION, OR THAT MATERIALS WILL BE ERROR FREE, NOR FREE OF VIRUSES, DEFAMATORY, OFFENSIVE, OR OTHER HARMFUL MATTER. YOU ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICE, REPAIR, OR CORRECTION.
Access and use of our site may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. TTCS is not responsible for any delays, delivery failures, or other damage resulting from such problems, or from the unavailability of our site for any reason.
The materials that can be accessed from linked sites are not maintained by us and we are not responsible for the contents thereof. Any reference to a linked site or any specific third party product or service by name does not constitute or imply its endorsement by us, and you assume all risk with respect to its use. You agree that it is your responsibility to review and evaluate any such content, and that any and all risk associated with the use of, or
reliance on, such content rests with you. You are responsible for viewing, accepting and abiding by the terms of use and privacy policies posted at these third party websites.
UNDER NO CIRCUMSTANCES SHALL WE, NOR OUR DIRECTORS, OFFICERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, AGENTS, REPRESENTATIVES, JOINT VENTURES, PARTNERS AND SUPPLIERS / SERVICE PROVIDERS, BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUES, OR SIMILAR ECONOMIC LOSS), WHETHER IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS AVAILABLE IN THIS SITE OR ANY LINKED SITE, EVEN IF WE ARE ADVISED OF THE POSSIBILITY THEREOF, NOR FOR ANY CLAIM BY A THIRD PARTY.
Indemnity
You agree to defend, indemnify, and hold us and our affiliates, and our and their directors, officers, employees, subsidiaries, successors, assigns, agents, representatives, joint ventures, partners and suppliers / service providers harmless from and against any and all claims, demands, losses, liabilities, damages (actual and consequential) of any kind and nature, known and unknown, and expenses (including reasonable legal fees and court costs, and errors and omissions arising out of your use of this site, your violation of these Terms of Use, a breach of your representations and warranties set forth herein, or your violation of any law or the rights of any third party.
Independent Relationship
Nothing in these terms of use shall be construed as forming a partnership or joint venture between TTCS and you. Neither party to these Terms of Use will have the authority to bind the other by contract or otherwise, or make any representations on behalf of the other. You acknowledge that TTCS is acting independently from you, and that TTCS will not be deemed, under any circumstances, to be your employee or agent for any purpose.
General
These terms of use constitute the entire agreement between you and TTCS regarding your use of this site, superseding any prior agreements between you and TTCS.
The Terms of Use and the relationship between you and TTCS shall be governed in accordance with the laws of the province of Ontario, Canada (and the federal laws of Canada applicable therein), excluding its conflict of laws provisions. You and TTCS agree to submit to the exclusive jurisdiction of the courts located in Toronto, Ontario.
We reserve the right to add, delete, or modify any or all Terms of Use at any time with or without notice.
The failure of TTCS to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect.
You may not assign any of your rights and obligations under these Terms of Use; TTCS may assign any of its rights or obligations under these Terms of Use at any time without notice to you. This Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns.
User-Generated Content Submission Terms of Use (“UGC Terms of Use”)
In addition to the foregoing Terms of Use, these additional UGC Terms of Use govern your conduct associated with any content you submit to Toshiba Tec Canada Business Solutions Inc. (“TTCS”) so that they may be made public on the site, including by submitting any ratings and reviews, and asking any questions regarding TTCS products and services, and any such content submitted by others (“user-generated content”).
If you wish to submit any user-generated content, you must accept and agree to be bound by and comply with these UGC Terms of Use. If you do not agree to these UGC Terms of Use, then you must not submit any user-generated content.
Representation & Warranties
By posting, emailing, or submitting any user-generated content to TTCS or otherwise making content available, you represent and warrant that:
· you are the sole author and owner of the intellectual property rights thereto;
· all “moral rights" that you may have in such content have been voluntarily waived by you;
· all content that you post is accurate;
· you are at least the age of majority in your jurisdiction; and
· public use of the content you supply does not violate these UGC Terms of Use and will not cause injury to any person or entity.
In your dealings with us, including to the extent that our site permits you to post, email, submit any content to TTCS, or otherwise make content available, you agree and warrant that you shall not post, email, or submit any content, or make any content available:
· that is known by you to be false, inaccurate or misleading;
· that infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
· that impersonates any person or entity, including, but not limited to, a TTCS employee, or falsely states or otherwise misrepresents an affiliation with a person or entity;
· that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
· that is, or may reasonably be considered to be, inaccurate, harmful, abusive, vulgar, indecent, defamatory, libelous, hateful, racially or religiously biased or offensive, threatening or harassing to any individual, partnership or corporation;
· that harasses, degrades, intimidates or is hateful toward an individual or a group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
· for which you were compensated or granted any consideration by any third party;
· that constitutes or contains any form of advertising or solicitation, or that includes links to commercial services or websites;
· that disrupts the normal use of our site with an excessive amount of content, or that otherwise negatively affects other users’ ability to use our site;
· that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through our site;
· that includes any information that references other websites, addresses, email addresses, contact information or phone numbers or any material that has been copied from another individual or entity; or
· that contains any computer viruses, worms or other potentially damaging computer code, programs or files (including, but not limited to those designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment).
We have no obligation, nor any responsibility to any party to monitor the site, and do not and cannot undertake to review material that you or other users submit. We have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.
Intellectual Property
For all content that you submit to TTCS, either directly or through its third party service providers, you acknowledge and agree that TTCS shall own all right, title and interest in and to such content, including all modifications, improvements, upgrades, derivative works, and feedback (such as suggestions, enhancement requests, recommendations or corrections) related thereto and all intellectual property rights therein. To the extent applicable, you grant
and agree to assign to TTCS a perpetual, irrevocable, royalty-free, transferable, and sublicensable right and licence to use, copy, modify, delete in its entirety, adapt, publish, translate, and/or create derivative works from, sell, distribute, and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.
Indemnity & Limitation of Liability
You agree to indemnify and hold TTCS and its affiliates (and their directors, officers, employees, successors, assigns, agents, representatives, joint ventures, partners and suppliers / service providers), harmless from all claims, demands, losses, liabilities, and damages (actual and consequential) of any kind and nature, known and unknown, including reasonable legal fees and court costs, arising out of your submission of user-generated content, your violation of these UGC Terms of Use, a breach of your representations and warranties set forth herein, or your violation of any law or the rights of any third party. In no event will TTCS be liable to any party for any direct, indirect, special or other consequential damages for any user-generated content.
User-generated content may contain inaccuracies or typographical errors. TTCS is not responsible for any user-generated content nor does TTCS represent or warrant or guarantee the accuracy, reliability or completeness of any user-generated content. You are solely responsible for your use of any user-generated content. If you believe that a user has provided false information, has acted illegally or unethically, or is abusing our site in any way, you should notify us.
TTCS cannot effectively monitor all user-generated content posted by users and, therefore, makes no representation or warranty with respect thereto, and assumes no liability for, user-generated content, including but not limited for incorrect product information, mistakes, misinformation, falsehoods, profanity, obscenity, or other inappropriate material posted by any user. User-generated content is provided “AS-IS” without warranty of any kind, either express or implied.
General
Messages, questions, tips, advice and answers posted on our site can be viewed by the public and reflect solely the opinions of the users posting such content, including without limitation, TTCS product suppliers, and in no way reflect the opinion of or are endorsed by TTCS. You therefore acknowledge that you, not TTCS, are responsible for the contents of your submission (including liability for any and all loss, damage, and additional costs that may be incurred by you, TTCS or any other person as a result of your submission of any user-generated content). None of the content that you submit shall be subject to any obligation
of confidence or confidentiality on the part of TTCS, its subsidiaries, affiliates, successors, assigns, agents, representatives, joint ventures, partners or suppliers / service providers and their respective directors, officers and employees.
TTCS reserves the right, at its sole discretion and without notice, to modify, condense or delete or to refuse to post any user-generated content that TTCS deems, at its sole discretion, to be unacceptable, undesirable, or to violate the content guidelines or any other provision of these UGC Terms of Use. TTCS does not guarantee that you will have any recourse through TTCS to edit or delete any user-generated content you have submitted.
By submitting your email address in connection with your user-generated content, you agree that TTCS may use your e-mail address to contact you about your user-generated content, and for other administrative purposes.
The parties have required that these Terms and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s’y attachent soient rédigés en langue anglaise.