canaPHEM Terms of Sale
Last Updated July 20, 2018.
canaPHEM is the registered trade name of the Canadian Academy for Prehospital and Emergency Medicine Inc. an Ontario based educational services, first responder product supply and consulting business (sometimes referred to as “We” or “Our” or “Us” or simply “canaPHEM” or “Company”) located in Whitby, Ontario, Canada which operates the related business portal canaphem.ca (the “Web Site”) for use by consumers.
This is a legal contract that sets out your rights and responsibilities when you buy products and services from Us and while we think it is balanced and fair, please read it carefully.
By placing an order with canaPHEM and thereby accepting these Terms of Sale, you agree to be bound by these Terms of Sale even if you choose not to read them. If you do not agree to Our Terms of Sale, please do not order any product or services through the Web Site or otherwise.
This Web Site is owned and operated by the Canadian Academy for Prehospital and Emergency Medicine Inc. carrying on business as canaPHEM, an Ontario corporation based in Whitby, 120 Jones Court, Whitby, Ontario, L1N, Canada (“We”, “Us” or “Our”).
By placing an order on this Web Site or by other means, you also represent and warrant that you are of the age of majority where you live. If you are not of the age of majority, you may use this Web Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Sale. If you are a parent or legal guardian agreeing to these Terms of Sale for the benefit of an individual under the age of majority, be advised that you are fully responsible for his or her use of this Web Site, including all financial transactions and legal liability that he or she may incur.
We encourage you to print and retain a copy of these Terms of Sale for your personal records when you make a purchase on the Web Site or otherwise.
Our HST registration number is 801275967RT001.
Ordering Process – Need for Correct Information
All product and service offerings are simple invitations to purchase and are not offers to actually sell. We steadfastly reserve the right, in Our sole discretion, to accept or reject any purchase order from anybody.
We will send by an email a confirmation for your purchase if We accept your order.
Rejection or Cancellation of Orders
We reserve the right at any time after receipt of your order (even after confirmation of purchase) to accept or reject your order in whole or in part for any reason and We will contact you if in fact We reject your order. Here are just some examples of when We might reject an order:
- We are out of stock and unable to obtain additional product;
- There were errors in product or pricing information;
- The product that you have just ordered has been recalled by the manufacturer; or
- There are possible or potential credit and fraud issues associated with Your order.
Availability and Description of Products
The purchase of products and services on Our Web Site and through direct sales is of course subject to availability. While We attempt to be accurate in Our product and service descriptions, We do not represent or warrant that product and service descriptions or other product and service related content on this web site or otherwise is accurate, complete, reliable, current, or even error-free. If you find that a product or service you purchase is not as originally described, your sole remedy is to return it in accordance with Our Return Policy in paragraph 8.
Prices are subject to change without notice. ORDERS WILL BE INVOICED AT PRICES PREVAILING AT TIME OF ORDER. Prices are not guaranteed.
By confirming your purchase at the end of Our online check out process or via a direct sale, you are agreeing to pay the total price whatever it may be, including any HST and service / credit card fees. All pricing is in Canadian dollars. Shipping and insurance is extra.
If We make an error in pricing on Our Web Site or print. We may, in our sole discretion, reject or cancel any orders placed for that product or service. We will contact you if this is the case.
Payment terms are calculated from invoice date. A service charge of 1.5% per month will be charged on all past due invoices. This is an annual percentage rate of 18%. If the Applicant fails to abide by the TERMS OF SALE contained herein, canaPHEM reserves the right to discontinue and eliminate any price discounts or sales incentives offered to or in place with the Applicant, both retroactively and for future sales unless otherwise negotiated by the parties. Deductions from payments for any reason will not be allowed unless canaPHEM has issued a credit memo. All incentive and credits issued by canaPHEM are personal to the account holder and are not transferable or assignable. An account must employ qualified personnel who have been certified to properly service and fit the equipment (where necessary). CanaPHEM may refuse to ship any confirmed order in whole or in part for any reason it deems sufficient.
Costs and Attorney fees
Applicant will pay such costs, collection agency commissions, expenses and reasonable attorney fees (including without limitation, at trial and on appeal) as canaPHEM may incur in any manner of collection of any sums past due.
Right to Limit Quantity
We reserve the right, at its sole discretion, to limit the quantity of product(s) purchased either per person, per organization, per household or per order. We will let you know if We are doing this.
Method of Payment
You may pay for your purchase using any of Our authorized payment methods and by placing an order, you authorize Us to charge the applicable credit card or merchant service provider for the total purchase price including any taxes or service charges.
You represent and warrant that you are the person authorized to use the payment mechanism selected by you. If payment is rejected for any reason by a merchant processor or gateway, We will contact you first to try another method, and if that does not complete, We will treat your order as having been cancelled.
All billing and ordering information that You provide to Us through the Web Site or otherwise must be truthful and accurate in all respects or We simply cannot service you properly.
Your Product order will be shipped by third party carriers (usually Canada post). Title to the product(s) which you have ordered passes when We provide the shipment package of product(s) to the third party carriers. We are not responsible for any loss of the products following shipment from Our facilities to your delivery address. Our 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 terms and conditions of carriage. You may wish to purchase insurance from loss or breakage during carriage for the full insurable value of the products you have ordered by making the appropriate requests when placing your order with Us.
Cancellation, Returns, Refunds, and Exchanges
You may have certain statutory rights to cancel your order under applicable provincial consumer protection laws and We will respect all such applicable laws provided you comply with them in your notification to Us.
In addition to these legislative consumer rights, cancellations and / or product returns are governed by Our cancellation, return and refund policy set out below.
You may only return unused product purchased from Us if done so with Our authorization and within thirty days of delivery for a credit. No returns after thirty days from date of purchase. Normally you are responsible to pay for all return shipping costs. We are prepared to pay return shipping costs only in the case of defective products or if we made an error in shipping or product selection. Products covered by a manufacturers warranty or with specific return processes set by the manufacturer are to handled by the manufacturer.
Ship authorized returns only to the following address:
120 Jones Court
Whitby, ON, L1N 6J9
Please contact firstname.lastname@example.org with the reason for the return and to obtain, if we grant it, authorization to return a product.
Courses may be cancelled in writing to canaPHEM and may be eligible for a refund based on when the course is cancelled. Courses cancelled more than thirty (30) days from the date the course is scheduled to start will be provided with a full refund of the amount paid. Courses cancelled less than thirty (30) days but more than fifteen (15) days before the course is scheduled to start will be eligible for a prorated refund equal to 50% of the cost of taking the course plus applicable taxes. Course cancellations less than fifteen (15) are not eligible for any refund and the full amount of the course plus applicable taxes will be charged.
Rescheduling a Course
To reschedule a course the request must be submitted in writing to canaPHEM and the rescheduled date agreed to by canaPHEM. Open ended rescheduling is not permitted. Cancelling a rescheduled course is not permitted and the full cost of the course plus applicable taxes will be charged. Courses will only be rescheduled to a date equal to not more than six (6) months from the date the initial course was scheduled to commence.
Courses rescheduling requests received by canaPHEM more than thirty (30) days from the date the course being rescheduled is scheduled to start will not be subject to a rescheduling fee. Courses rescheduled less than thirty (30) days but more than fifteen (15) days before the course being rescheduled is to start will charged a rescheduling fee equal to 25% of the course cost plus applicable taxes. Rescheduling a course that was scheduled to start less than fifteen (15) days notice is not permitted and full cancellation charges will apply.
Online educational services Events and Course
It is your responsibility to choose the course(s) that fit your educational needs or that is required for a certification level that you need. There is no right to cancel a course that is provided to you online after purchase.
Educational Onsite Courses – You MAY Also Need to Sign a Waiver of Liability Before Participating
If you signup to take a hands on educational course in person, please note that depending on the course, you may NOT be permitted to attend and take part in that course until you have signed a separate Release and Waiver of Liability Agreement (the “Release”) relating to the course selected and any risks associated with participation in or attendance at the course.
In the Release, you will agree to assume all responsibility for any losses, costs or damages of whatever nature suffered as a result of your participation in or attendance at the course, and the release of canaPHEM, any other organization associated with the course or other participants, sponsors or advertisers of the course, from all liability relating to or in any way associated with the course, and your participation and/or attendance at the course.
Changes to these Terms of Sale
We reserve the right to modify these Terms of Sale periodically and you should reread these Terms of Sale each time you place in order to purchase in case they have changed. Modifications will only apply to any order placed after the effective date of the modification. The Terms of Sale applicable to your order are the Terms of Sale in effect on the date that you place your order, as made available to you when you complete the check-out process. We will date any changes or modifications at the top and bottom of these Terms of Sale next to the words ‘Last Updated’.
Disclaimers of Warranties
Some of the products that We sell on this Web Site or otherwise have warranties that apply to them if noted on the Web Site or possibly on the product packaging itself. These warranties are provided by the manufacturer of these products and not by Us, the retail seller.
With respect to Our educational courses, if We represent that they have been approved by a relevant government or regulatory agency, then they have been so approved. If the courses are part of a certification programme, then they have in fact received such approval and are in fact part of such certification programme. You are responsible for correctly identifying and choosing prerequisite courses in the case of a certification stream.
With respect to Our Consulting Services, We will provide them in a professional manner in accordance with any further written agreement We may have with you.
ALTHOUGH WE STRIVE TO UPDATE AND KEEP ACCURATE AS MUCH AS POSSIBLE THE CONTENT CONTAINED ON THE WEB SITE, ERRORS AND/OR OMISSIONS MAY AND DO OCCUR.
ACCORDINGLY, THIS WEB SITE, INCLUDING THE CONTENT AND PRODUCTS AND SERVICES ACCESSED, OFFERED OR PROVIDED AND PURCHASED AND SOLD, IS BEING PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND FROM US, EITHER EXPRESS OR IMPLIED ARISING FROM STATUTE, COURE OF DEALING, USEAGE OF TRADE OR OTHERWISE. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Some jurisdictions do not allow the limitation on implied warranties and conditions. If these laws apply to you, some or all of the above disclaimers may not apply to you.
Limitations of Liability
YOU ARE SOLELY RESPONSIBLE FOR 1) THE WAY IN WHICH YOU USE PRODUCTS PURCHASED ON THIS SITE OR OTHERWISE AND 2) YOUR USE OF THE KNOWLEDGE GAINED FROM EDUCATIONAL COURSES YOU HAVE TAKEN FROM US. PLEASE NOTE THAT THE USE OF SOME PRODUCTS PURCHASED ON THIS SITE OR OTHERWISE REQUIRE A REVIEW OF ANY USER MANUAL AS WELL AS EXTERNAL KNOWLEDGE AND TRAINING (SUCH AS FIRST AID KITS, DEFIBRILLATORS, ETC.).
IN NO EVENT SHALL canaPHEM BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY NATURE (INCLUDING LOSS OF USE, LOSS OF DATA, LOSS OF PROFIT AND LOSS OF SAVINGS) TO YOU INCLUDING FOR DAMAGES ARISING IN CONNECTION WITH OR RELATING IN ANY MANNER WHATSOEVER TO: (A) YOUR USE OF THIS WEB SITE; (B) ANY CONTENT, INFORMATION, SERVICE, EDUCATION COURSE OR PRODUCT ACCESSED, OFFERED, PURCHASED OR SOLD THROUGH THIS WEB SITE OR ITS’ USE, SUITABILITY OR AVAILABILITY (INCLUDING THE INABILITY TO USE); (C) ANY TRANSACTION CONDUCTED ON THIS WEB SITE; AND (D) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA THAT WE COLLECT AND USE TO PROVIDE YOU WITH OUR PRODUCTS AND SERVICES.
THE ABOVE EXCLUSION AND LIMITATION OF LIABILITY SHALL APPLY WHETHER OR NOT A CLAIM IS IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND PRODUCT LIABILITY), STRICT LIABILITY, RESTITUTION, BREACH OF STATUTE OR ANY OTHER THEORY OF LAW AND EVEN IF WE HAD BEEN ADVISED OR HAD REASONS TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES.
THE MAXIMUM LIABILITY THAT WE HAVE TO YOU FOR PRODUCTS OR SERVICES PURCHASED FROM US SHALL BE LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS OR SERVICES THAT YOU HAVE ACTUALLY PAID. WE WILL NOT BE LIABLE FOR ANY PROPERTY DAMAGE, PERSONAL INJURY, LOSS OF USE, INTERRUPTION OF BUSINESS, LOSS OF PROFITS, OR OTHER CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES. THIS APPLIES IN ALL CASES HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER REASONS.
We will provide any consulting services to you only in the capacity as an independent contractor, and not as an employee.
We shall not be liable for any delay or failure to perform any of Our obligations under these Terms of Sale if such delay or failure is due to causes beyond its control including, without limitation, unavailability of product or service, communication infrastructure problems, and weather-related and other uncontrollable shipping delays.
Applicable Law, Venue and Limitation of Actions
These Terms of Sale shall be governed by and construed in accordance with the laws of the Province of Ontario applicable to agreements made and entirely to be performed within the Province of Ontario, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. Regardless of where you access this Web Site or how you enter into a business relationship with Us, you agree that any action at law or in equity arising out of or relating to these Terms of Sale shall be filed and adjudicated only in the federal or provincial courts located in Ontario (Judicial District of Durham), 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 of Sale and your purchase of any product or service from Us.
General Legal Boilerplate – the legalese “Fine Print” that Our lawyer asks Us to include:
ii) The United Nations Convention on the International Sale of Goods is expressly excluded.
iii) If any provision of these Terms of Sale is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of these Terms of Sale shall remain in full force and effect.
iv) Our delay or failure to act with respect to a breach of these Terms of Sale by you or others does not constitute a waiver and shall not limit Our rights with respect to such breach or any subsequent breaches.
v) These Terms of Sale will be binding upon and will ensure to the benefit of (i) you and your heir, executor, administrator and other legal representatives; and (ii) Canaphem Corporation and it successors and assigns.
vii) It is the express wish of the parties that these Terms of Sale and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.
You may contact Us at:
120 Jones Court,
Whitby, ON, L1N 6J9
© The Canadian Academy for Prehospital and Emergency Medicine Inc. carrying on business as canaPHEM. 2015, 2016, 2017 & 2018. All rights reserved.
Last Updated July 20, 2018