TERMS AND CONDITIONS/RIDERS MAGIC TOUCH INC.
Riders Magic Touch.com is owned and operated by Riders Magic Touch Inc.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. PLEASE NOTE THAT THESE TERMS AND CONDITIONS OF USE LIMIT RIDERS MAGIC TOUCH INC. AND OTHER PERSONS
FROM LIABILITY OR LIMIT THEIR LIABILITY. IF YOU USE THIS SITE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE, PLEASE DO NOT USE THE SITE.
DISCLAIMER
BY USING THIS SITE, YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR OWN RISK. THE SITE, AND ALL MATERIALS AND INFORMATION CONTAINED IN THE SITE, ARE PROVIDED ON AN "AS IS, WHERE IS, AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. RIDERS MAGIC TOUCH INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTIES RIGHTS. RIDERS MAGIC TOUCH. INC. DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE CURRENT, ACCURATE, COMPLETE, RELIABLE OR ERROR-FREE, OR THAT THE SITE WILL BE AVAILABLE WITHOUT INTERUPTION, OR THAT THE SITE IS FREE FROM COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. RIDERS MAGIC TOUCH. INC. IS NOT RESPONSIBLE FOR ERRORS OR OMISSIONS RELATING TO PRICING, PRODUCT DESCRIPTIONS OR PRODUCT PHOTOGRAPHY.
LIMITATION OF LIABILITY
IN NO EVENT SHALL RIDERS MAGIC TOUCH INC, OR ANY OF ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE FOR DAMAGES, CLAIMS, EXPENSES OR OTHER COSTS ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, INABILITY TO USE, OR RESULTS OF USE OF, THIS WEBSITE OR THESE TERMS AND CONDITIONS OF USE EVEN IF RIDERS MAGIC TOUCH INC. OR ANY OF ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF DATA, INCOME, PROFITS, BUSINESS OR GOODWILL. IN SOME JURISDICTIONS, THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES IS PROHIBITED. THESE STATUTORY PROHIBITIONS MAY APPLY TO YOU.
PERMISSION TO USE THE SITE
This site is open to use for the individual or individuals who have reached the age of majority where they live for their lawful, personal, non-commercial use only. You may copy the contents displayed on this website provided that you retain all copyright and other proprietary notices contained in the material you are copying, and provided that you are copying for your lawful, personal, non-commercial use. The material on this website may not be copied, reproduced, distributed, displayed, modified, sold, or otherwise used in any form for any public or commercial purpose. Third party linking to any portion of this website is expressly prohibited unless prior written permission has been granted from Riders Magic Touch Inc. In no circumstance are the practices of framing, mirroring, scraping or data-mining from this website permitted unless prior written consent has been obtained from Riders Magic Touch Inc. Persons may only place orders on this site if they are able to form legally binding contracts under applicable law. Persons may use this website only in the manner described in these Terms and Conditions of Use. Riders Magic Touch Inc. ships products to addresses in Canada and US. Riders Magic Touch Inc. reserves the right to request proof of identification and age prior to shipping any products. Riders Magic Touch Inc. reserves the right in its sole discretion, to limit or refuse you access to any part of this website, to refuse orders, limit quantities and/or cancel orders.
TERMS OF PURCHASE
Riders Magic Touch.com is a retailer/distributor only. Products sold are not manufactured by Riders Magic Touch Inc . Riders Magic Touch Inc. makes no representation or warranty with respect to the products except those stated in this document. Riders Magic Touch Inc. disclaim s all other warranties, express or implied, as to any such product, including and without limitation, the implied warranties of merchantability and fitness for a particular purpose, and any implied warranties arising from statute, trade usage, course of dealing, or course of performance. You ("the Customer") and Riders Magic Touch.com agree that these Term s and Conditions are the sole term s and conditions governing the sales transaction between the Customer and Riders Magic Touch.com. Any attempt to alter, supplement, modify or am end these Term s and Conditions by the Customer will be considered a material alteration of this agreement and, therefore, are null and void. In addition, these Term s and Conditions are subject to change at any time, without prior written notice. Therefore, please check these Term s and Conditions carefully each time you place an order with Riders Magic Touch.com.
INTELLECTUAL PROPERTY AND RESTRICTION ON USE
The trademark "Riders Magic Touch " is owned by Riders Magic Touch Inc. the trademark may not be used without the authorization of Riders Magic Touch Inc. All material contained on this website including the site design, content, graphics, text, images, videos, audio files, icons, logos, trademarks, and arrangement and presentation of the site, are the property of Riders Magic Touch Inc. and others and is protected by Canadian and international copyright, trademark and other laws. You may not use, copy, reproduce, or manipulate any of the above material including the site design, content, graphics, text, images, videos, audio files, icons, logos, trademarks, and arrangement and presentation of the site, without the express written consent of the owner. The remote control garage door openers sold on this website are patent pending and its design and function is owned entirely by Riders Magic Touch Inc.
OTHER SITES AND RESOURCES
This web-site may contain links to other internet sites or resources or businesses operated by other persons. These links are provided for your convenience, and Riders Magic Touch Inc. has no control over, or ownership of these
other sites, and assumes no responsibility or liability for their business, goods, services or content. All information contained in these other sites is the property of the owners of those sites. Your use of these other sites is at your
own risk, and you will not make any claim against Riders Magic Touch Inc. arising from or relating to your use of these other sites.
TERMINATION
Riders Magic Touch Inc. reserves the right to discontinue, modify, change, restrict or terminate the website or any part of it without notice or liability to you or any other person. Riders Magic Touch Inc. reserves the right, without
notice and at its sole discretion, to terminate these Terms and Conditions of Use and or your permission to use and access the website. In the event of termination of these Terms and Conditions of Use or your permission to access and use the website, then these Terms and Conditions of Use shall still apply with regard to your prior use of the website.
SEVERABILITY
These Terms and Conditions of Use shall be deemed severable. If any provision of these Terms and Conditions of Use is determined to be unenforceable or invalid by any court having competent jurisdiction, such provision shall still be enforced to the fullest extent permitted by law, and the invalidity of such provision shall not affect the validity and enforceability of any other remaining provisions.
INDEMNITY
You agree to defend, indemnify, and hold harmless Riders Magic Touch Inc., its officers, directors, employees, consultants and agents, from and against any claims, actions or demands, including, but not limited to, reasonable legal, accounting or other professional fees, resulting from any violation of these terms and conditions or any activity (including negligent or wrongful conduct) related to your use of this site.
IMPORTANT ORDERING INFORMATION
All orders require about 1 to 2 business days processing before shipment for any product designated as "In Stock". While Riders Magic Touch Inc. makes every attempt to maintain accurate stock information, Riders Magic Touch Inc. is not responsible for the accuracy of inventory. In the event of a discrepancy regarding availability of a product, Riders Magic Touch Inc. has the right to fully refund a customer for the full purchase price, in lieu of timely delivery of merchandise.
-Riders Magic Touch Inc. processes and ships Monday to Friday, and is closed on weekends and holidays.
-No deliveries are made by carriers on weekends or holidays.
-Deliveries to Post Office Boxes may be shipped by Canada Post only, at our discretion.
-You may be contacted at the phone number registered with your credit card for security purposes.
PRICES
Prices shown on the Riders Magic Touch.com 's site do not include taxes or shipping and handling fee, unless otherwise noted. Prices are in CANADIAN dollars unless otherwise noted. The price charged for an order will be the price in effect at the time the order is made.
TAXES
Riders Magic Touch.com charges GST (Goods and Services Tax) to all customers in Canada, HST (Harmonized Sales Tax) to applicable provinces and territories.
SHIPPING & POSSIBLE RISKS DURING SHIPPING
When products are shipped to you by common carrier, Riders Magic Touch Inc. liability to you for breakage and/or non-delivery of the products by the common carrier to you will be limited by the limits of liability provided by the common carrier's term s and conditions of carriage. You may wish to purchase insurance from loss or breakage during carriage for full insurable value of the products you have ordered by making the appropriate requests when placing your order with Riders Magic Touch.com .
PRIVACY POLICY
Riders Magic Touch Inc. Privacy Policy available by link on the home page of this website for full details on how and why we collect personal information from you.
YOUR ACCOUNT AND PASSWORD
You are responsible for ensuring that all information you send to this website with regard to your personal information and your account including but not limited to your name and address, your credit card number and expiration date, and any other information related to your transaction is complete, accurate, truthful and current. In addition, you are responsible to ensure that your password remains confidential and you will be solely responsible and liable for any and all losses or damages incurred as a result of the compromise of the confidentiality of your account or password, or your submission of any false, incorrect or incomplete information regarding your account
CUSTOMER SATISFACTION POLICY
Riders Magic Touch Inc. Satisfaction Policy available by link on the home page of this website for full details.
RETURNS POLICY
Riders Magic Touch.com 's Returns Policy available by link on the home page of this website for full information on how to process a refund or exchange.
ERRORS, MISPRINTS, AND OMISSIONS UNSOLCIITED SUBMISSIONS
Riders Magic Touch Inc. makes every effort to ensure that the content on this website is complete, and current. However Riders Magic Touch Inc. makes no guarantee that the information on this website will not contain errors, misprints, inaccuracies or omissions. Prior to shipment or delivery of any order, Riders Magic Touch Inc. may cancel, reject, correct, or terminate any order for products, services, or insurance for which the price was incorrectly displayed or where we otherwise displayed erroneous, incomplete, or inaccurate information. Riders Magic Touch Inc. may cancel, reject, correct or terminate at any stage of the order processing, including after an order has been submitted and confirmed, and your credit card or debit card has been charged or an electronic funds transfer has been sent or received. In the event your order is cancelled by Riders Magic Touch Inc. after your credit card or debit card has already been charged,
Riders Magic Touch Inc. will immediately issue a credit to your payment card account in the amount of the charge. Individual bank or credit union policies will determine when this amount is credited to your account. Riders Magic Touch Inc. is not obligated to complete any sell of products, services, or insurance based on errors, misprints, or omissions on our website. Riders Magic Touch Inc. may at anytime, with no prior notice or liability to any website user (a) correct any error, inaccuracy, or omission; (b) change the products and services available on the website, or the prices, fees, description, and specifications of such products, services, and insurance; (c) limit quantities, promotional or
otherwise, available for sale. Problem s with Riders Magic Touch.com 's site can be reported to us by sending us a message through our online ordering and support system . Riders Magic Touch Inc. reserves the right to revise these Terms and Conditions, including the customer satisfaction policies at anytime, without notice. Posting of revised Terms and Conditions or am ended policies shall constitute actual notice to customers. Please visit http://www. ridersmagictouch.com /terms for the latest revision of these Term s and Conditions.
UNSOLCITED SUBMISSIONS
Riders Magic Touch Inc. does not accept or consider unsolicited ideas or suggestions. The purpose of this policy is to avoid potential misunderstandings or disputes which may arise in the event that any products, marketing strategies or any other activities undertaken by the company appear similar to ideas submitted to Riders Magic Touch Inc. Please do not send your unsolicited ideas to Riders Magic Touch Inc. or to anyone at Riders Magic Touch Inc. In the event that despite our request not to send us your unsolicited ideas, you still choose to send them, please be aware and understand that Riders Magic Touch Inc. makes no assurances that your ideas and materials will be treated as confidential or proprietary. In addition, if you send unsolicited ideas or suggestions to Riders Magic Touch Inc. or our website, you automatically grant (or warrant that the owner of these ideas or suggestions has granted) to Riders Magic Touch Inc. and our assigns a perpetual, royalty-free, irrevocable nonexclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform and display these ideas in any form or media whether currently existing or not yet developed, and to sublicense such rights through multiple tiers of sub licensees.
CUSTOMERS FEEDBACK OR REVIEWS
This website may, on certain products, or with regard to certain sections, provide a forum for Product Reviews or Customer Feedback. If you provide a Product Review or Customer Feedback, you automatically grant Riders Magic Touch Inc. a perpetual, royalty-free, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform and display what you have written, including the name you submit with your Product Review or Customer Feedback, in any form or media whether currently existing or not yet developed, and to sublicense such rights through multiple tiers of sub licensees. All Customer Feedback or Product Reviews must be completed in accordance with the guidelines as stated in the sections for Customer Feedback or Product Reviews. Riders Magic Touch Inc. assumes no responsibility for and does not guarantee the truthfulness, accuracy or reliability of any information posted by other Users on this site. Riders Magic Touch Inc. does not endorse any opinion expressed by other Users. Any reliance by you on material posted by other Users will be at your own risk.
SECTION HEADINGS
The section headings used in these Terms and Conditions of Use are for convenience only, and have no legal or contractual effect.
ENTIRE AGREEMENT
These Terms and Conditions of Use, together with those referred to, or incorporated herein, constitute the entire agreement between you and Riders Magic Touch Inc. with respect to the use of this website. Any changes to this agreement must be made in writing, signed by an authorized representative of Riders Magic Touch Inc.
WAIVER
No waiver, express or implied, by either party of any term of this agreement, shall be deemed a further or continuing waiver of such term or any other term.
GOVERNING LAW
This website is based in Toronto, Ontario, Canada. These Terms and Conditions of Use shall be governed solely by the laws of the Province of Ontario, Canada. In the event that a dispute should arise between you and Riders Magic
Touch Inc. regarding the use of this website, or relating to these Terms and Conditions of Use, you agree that any action at law shall be filed and adjudicated only in the courts of the Province of Ontario, sitting in the city of Toronto, and you hereby irrevocably and unconditionally consent and attorn to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding arising out of these terms and conditions.
