Thank you for visiting JM Appliances. Please carefully read these Terms of Use and our Privacy Policy, which is incorporated into these Terms of Use by this reference. These Terms of Use apply to JM Appliances’s websites (the “Platform”), applications, marketplaces and services (collectively, the “Services”). “You” or “Buyer” shall mean any visitor to the Platform or user of the Services and includes the entity that creates an account or logs into the Services for the purpose of viewing or purchasing products (“Inventory”) or using any services ancillary thereto.
Unless otherwise noted, the Services are the property of JM Appliances. By using the Services, you agree to these Terms of Use, our Privacy Policy, the operating rules and policies applicable to the Services as may be published or provided by JM Appliances (including by posting on the Platform) from time to time, and all applicable laws, rules and regulations. If you do not agree to these Terms of Use, do not use the Services.
If you are entering into these Terms of Use on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms of Use, in which case the terms “you” and “your” shall refer to you in your individual capacity as well as to such entity. You may not use the Services if you do not have such authority.
Privacy and Data Security; Account Information
Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users. Additionally, by using the Services, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that transmissions to or through the Services may be intercepted by others, and users assume the risk of security breaches and all consequences resulting from them. Please do not send us any sensitive personal information.
Use of the Services requires that you create a User Account. Only one User Account per individual user is permitted. When creating a User Account, you must provide accurate and complete profile information, and you must keep this information current.
You may never use another User’s User Account without permission. You are solely responsible for the activity that occurs on your User Account, and you must keep your password(s) secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lowercase letters, numbers and symbols). You must notify us immediately of any breach of security or unauthorized use of your User Account. We will not be liable for any losses caused by any unauthorized use of your User Account.
Content
Unless otherwise noted, all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained in the Services is owned, controlled or licensed by or to JM Appliances and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights. “JM Appliances” and the JM Appliances logos and designs are trademarks, service marks or trade dress (“Marks”) of JM Appliances and may not be used in connection with any product or service that is not JM Appliances’s or in a manner that is likely to cause confusion among customers. All other trademarks and service marks not owned by JM Appliances that appear in the Services or on the Platform are the property of their respective owners. Access to the Services or Platform does not confer and shall not be considered as conferring upon anyone any license under any of JM Appliances’s or any third-party’s intellectual property rights. JM Appliances reserves all rights not expressly granted herein.
Except as expressly provided in these Terms of Use, no part of the Services and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way to any other computer, server, website or another medium for publication or distribution or for any commercial enterprise, without JM Appliances’s express prior written consent.
Your Use of the Services
As part of the Services, we may provide you access to data, information, and content relating to Inventory available for sale, including without limitation current and historical item listings, descriptions, selling prices, values, and other related information, materials, and content (“Listing Data”).
You may access and use Listing Data only in order to assist you in purchasing, via the Services, the Inventory to which such Listing Data relates (the “Permitted Uses”). With respect to Listing Data, you will not, and you will not permit any third party to, use any Listing Data in any manner or for any purpose other than the Permitted Uses, without JM Appliances’s prior express written consent. For clarity, and without limiting the foregoing, the following activities are not permitted: (a) recording, copying or storing any Listing Data in any manner or for any purpose whatsoever, other than for the Permitted Uses; (b) directly or indirectly publishing, transmitting or distributing Listing Data, or any derivative works thereof including reports or other analyses regarding the secondary market, in any manner for any form of monetary or other valuable consideration; (c) using or referencing Listing Data in connection with any securities trading activities; or (d) incorporating Listing Data in any manner into used product pricing tools, dashboards, spreadsheets or other visualization products.
In connection with your use of the Services, you will not, and you will not assist, permit or enable others to, do any of the following:
You represent and warrant that all information you submit to or through the Services in connection with the purchase of Inventory is true, complete and accurate.
JM Appliances reserves the right, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Services, or any portion of the Services, for any reason; (2) to modify or change the Services, or any portion of the Services, and any applicable policies or terms; and (3) to interrupt the operation of the Services, or any portion of the Services, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
The Services are not intended for the use of children under 18 and no such person is authorized to use them. By using the Services, you are representing that you are at least 18 years old and that you are of legal age to enter into legal agreements.
Purchases
Purchases:
Unless otherwise indicated in a formal written amending agreement between you and us, these Terms of Use govern the purchase of Inventory on the Platform. Inventory may consist of customer returns or company stock items, some of which may have been previously shipped. The condition of the Inventory will vary and standard designations regarding a product’s condition will be set forth in the Listing Data. The Inventory is provided to you “as is” for purchase on the Platform. Our current price list and catalogue on our website constitute an offer to sell and your acceptance of a sale order quotation or other contract documentation (including an invoice) for the sale of Inventory (the “Purchase Order”) indicates your acceptance of these Terms of Use. The Purchase Order and these Terms of Use together form the entire agreement between you and us (the “Agreement”) and supersede all prior or contemporaneous written and oral understandings, agreements, negotiations, representations and warranties, and communications.
Delivery of Inventory:
Unless otherwise agreed in writing between you and us, and subject to availability, the Inventory will be delivered by the “on or before” date specified in the Purchase Order, or if no “on or before” date is specified, the Inventory will be delivered within 30 days of the date of the Purchase Order (subject to confirmation by us where the Inventory constitute a special or advance order, are out of stock, or are subject to a supplier back order, which in each case may result in delayed delivery). We cannot confirm or guarantee a specified delivery time on the intended delivery date other than the Inventory will be delivered during normal business hours. We require no less than 48 hours prior written notice if there is a cancellation in the booked delivery date or change in delivery address, delivery date, or any foreseen circumstance that may affect the scheduled delivery. If there are cancellations or changes within 48 hours of the delivery date, you will be charged for that delivery. In addition, we reserve the right to apply additional charges in the event of any change in delivery address, delivery date or any foreseen circumstance that may affect the scheduled delivery where we incur additional costs to accommodate such changes. Where applicable law may limit such additional costs to the lesser of 10% of the Price and $100, you hereby expressly consent to any such additional costs which may exceed such limits.
Shipping Terms:
You shall be responsible for all shipping from our warehouse to the location specified by you on the Purchase Order (the “Delivery Point”). We will not be liable for any delays, loss or damage in transit. Any and all claims for Goods damaged in transit are to be made by you directly against the carrier. If any Goods are damaged during shipping, you agree to notify the carrier and us immediately in writing and you must not open, use, or install the Goods. We will not insure shipments unless you request that we do so and in such case any such insurance will be at your sole cost. Our liability for failing to deliver any Goods will be limited to delivering the Goods within a reasonable time or adjusting the invoice to reflect the actual quantity of Goods delivered. You may cancel the Purchase Order if we have misrepresented the availability of Goods.
Access to Delivery Point and Placement of Goods:
Delivery access must be clear and unobstructed, dedicated parking and unloading area must be provided on site by you. Doorways, passageways and stairways must be measured to ensure that the Goods will fit and can easily enter the suite or premises. You must notify us in advance of delivery if the delivery site has several staircases or constricted or returning staircases as more delivery people may be required to complete the delivery. In the event that the site conditions at the Delivery Point differ materially from what was described or what would be considered reasonable, we reserve the right to charge for any additional or above- normal delivery costs incurred. Where applicable law may limit such additional costs to the lesser of 10% of the Price and $100, you hereby expressly consent to any such additional costs which may exceed such limits. It is your responsibility to measure the required cutout size (H x W x D) and confirm fit to dimensions of the Goods. Anti-tip brackets are provided by the manufacturer of the Goods to prevent ranges and some fridges from dangerously tipping forward. We do not install these brackets and it is your responsibility to ensure that they are used and installed properly. You must be present at the Delivery Point, or have a duly authorized representative who is 18 years of age or older present when delivery takes place to accept delivery and sign that the Goods have arrived in satisfactory condition. You are responsible for electrical, plumbing and unplugging of any existing appliances that require removal. You must provide us with written notice of any damage to the premises resulting from delivery of the Goods within 24 hours of delivery. We are not responsible for any damages or defects for which you have not provided immediate notice within the time periods set forth herein and any Goods (except those for which such notice has been given) will be deemed to have been delivered in an acceptable and satisfactory condition.
Title and Risk of Loss:
We retain title to the Inventory until we have received full payment for the Inventory. Notwithstanding the foregoing, risk of loss and damage to Inventory passes from us to you at the time the Inventory are loaded onto the carrier at our warehouse.
Acceptance:
If you have taken possession of Inventory you shall be deemed to have made an unqualified acceptance of the Inventory, and you waive all claims with respect thereto. All sales are final.
Conditions to Sale:
Payment; Shipping
Canceled Purchases.
We reserve the right, at our sole discretion, to refuse or cancel any purchase for any reason. By way of example, but not limitation, we may cancel your purchase if there are problems identified by our credit and fraud avoidance department. While we strive to provide accurate product information, typographical or system errors may occur. In the event that there are purchases for incorrectly listed or described Inventory, we shall have the right, at our sole discretion, to refuse or cancel any purchases placed for such Inventory. In the event that we must cancel a purchase, we will notify you by email of such cancellation.
Applicable Taxes/Environmental Handling Fees:
The Purchase Price excludes all harmonized sales tax, goods and services tax, provincial sales tax, retail sales tax, social services tax, value added tax, use and excise taxes, environmental handling fees, and any other similar taxes, duties, fees and charges of any kind imposed by any governmental authority on any amounts payable in respect of the Inventory. You shall be responsible for all taxes incurred in connection with your purchase hereunder.
Identification:
You acknowledge that the information regarding the Purchase Price and any particular sale are confidential to JM Appliances.
Promotional Content Disclaimer
YOU AGREE AND ACKNOWLEDGE THAT NEITHER SELLER NOR JM Appliances MAKES ANY GUARANTY OF THE ACCURACY, CORRECTNESS OR COMPLETENESS OF ANY PROMOTIONAL CONTENT AND ARE NOT RESPONSIBLE FOR: (I) ANY ERRORS OR OMISSIONS ARISING FROM THE USE THEREOF; (II) ANY FAILURES, DELAYS OR INTERRUPTIONS IN THE DELIVERY OF ANY PROMOTIONAL CONTENT CONTAINED WITH THE PLATFORM; (III) LOSSES OR DAMAGES ARISING FROM THE USE OF THE PROMOTIONAL CONTENT PROVIDED BY THE PLATFORM; (IV) ANY CONDUCT BY YOU IN CONNECTION WITH THE PLATFORM; OR (V) ANY PROMOTIONAL CONTENT OR PRODUCTS PROVIDED THROUGH OR IN CONJUNCTION WITH THE PLATFORM.
User Submissions, Feedback and Information
You acknowledge and agree that any submission, feedback, comments or suggestions you may provide regarding the Services either directly or indirectly (for example, through the use on a third-party social media site of a company-designated hashtag) (collectively, “Submissions”) is non-confidential and non-proprietary, shall be treated as public information, may be shared with others on other sites and platforms and is submitted by you in compliance with these Terms of Use. Submissions that constitute feedback, comments or suggestions will be the sole and exclusive property of JM Appliances and you hereby irrevocably assign to us all of your right, title and interest in and to all such Submissions, and JM Appliances shall have an unrestricted, irrevocable, world-wide, royalty-free right to use, communicate, reproduce, publish, display, distribute and exploit such Submissions in any manner it chooses. With respect to all other Submissions, you hereby grant JM Appliances an irrevocable, worldwide and perpetual license to use such Submissions as contemplated in these Terms of Use.
You agree that any Submission that is a review of a Seller, (“Review”) shall not contain any material that is, in the sole and absolute discretion of JM Appliances, inappropriate, defamatory, false, obscene, violent, unlawful, threatening or otherwise objectionable (hereinafter, “Prohibited Content”). Notwithstanding the generality of the foregoing, Prohibited Content includes, without limitation, any content that (i) violates these Terms of Use, (ii) contains personal information of any person other than yourself, (iii) references or threatens legal actions, (iv) attempts to artificially raise or lower a Seller‘s ratings, (v) relates to variables outside of the Seller‘s control, and (vi) solicits business outside of the JM Appliances Platform. Posting of any Prohibited Content, in addition to any and all other rights and remedies available to JM Appliances, may result in account suspension or termination. JM Appliances may refuse or remove a Review in its sole discretion and without notice to you. However, JM Appliances shall have no obligation to monitor Reviews, and you agree that neither JM Appliances nor its affiliates, employees, or agents will be liable for Reviews or any loss or damage resulting from Reviews. Notwithstanding the foregoing, JM Appliances reserves the right to monitor all activity conducted over the Platform and anticipates that it will do so from time to time.
Your provision of a Submission constitutes a warranty and indemnity that you have sufficient license and/or other rights in the content to allow all desired use by JM Appliances. You consent to the use by JM Appliances of the information and represent and warrant that it is submitted in compliance with all applicable laws. You are responsible for any Submission you provide and for any consequences arising therefrom.
Copyright Policy
JM Appliances respects the intellectual property rights of others. If you believe that any content appearing on the Platform is being used in a manner that constitutes copyright infringement, please follow the procedures set forth in our JM Appliances Solutions Copyright Infringement Policy.
References to Third Parties; Links to Other Sites
The Services may contain references to third parties or links to other independent third-party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our Users. Such Linked Sites are not under JM Appliances’s control, and JM Appliances is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites.
Disclaimer; Limitation of Liability; Indemnity
THE SERVICES, ALL CONTENT AND INVENTORY OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS, AS AVAILABLE”, “WHERE IS” AND “WITH ALL FAULTS”. IN ADDITION, AND TO THE FULLEST EXTENT PERMITTED BY LAW, JM Appliances DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. JM Appliances DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, JM Appliances SHALL HAVE NO LIABILITY FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF MONEY, GOODWILL OR REPUTATION, PROFITS, OTHER INTANGIBLE LOSSES, OR ANY SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM THE FOLLOWING, EVEN IF JM Appliances HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES:
IN NO EVENT SHALL JM Appliances’S LIABILITY FOR ANY AND ALL LOSSES OR DAMAGES RELATED TO THE USE OF THE SERVICES, OR THE PURCHASE OF ANY INVENTORY EXCEED THE PURCHASE PRICE ACTUALLY PAID BY BUYER FOR THE INVENTORY AT ISSUE. THIS LIMITATION OF LIABILITY SHALL SURVIVE EACH PURCHASE TRANSACTION AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY HEREIN.
The above disclaimer applies to any damages, liability or injuries, whether for breach of contract, tort, negligence or any other cause of action.
BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so these limitations may not apply to you.
You agree to indemnify, defend and hold JM Appliances, its affiliates and its and their respective officers, directors, agents, and employees (the “Indemnified Parties”) harmless from any demands, loss, liability, damages, claims, costs or expenses (including attorneys’ fees), made against any Indemnified Party due to or arising out of or in connection with (1) your access to or use of the Services; (2) your violation of these Terms of Use or any applicable law or regulation, (3) your violation of any rights of any third party; (4) your negligence or intentional misconduct, or (5) any disputes or issues between you and any third party. This indemnity obligation shall survive each purchase transaction you make on the Platform. JM Appliances shall have the right to participate in the defense of any such claim, at its own cost. You may not settle or negotiate any claim that results in liability to, or imposes any obligation upon, JM Appliances, financial or otherwise, without JM Appliances’s written consent.
Violation of These Terms of Use
JM Appliances may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Services, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) JM Appliances’s rights or property, or the rights or property of visitors to or users of the Services. JM Appliances reserves the right at all times to disclose any information that JM Appliances deems necessary to comply with any applicable law, regulation, legal process or governmental request. JM Appliances also may disclose your information when JM Appliances determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You agree that JM Appliances may, in its sole discretion, without prior notice and to the extent applicable, terminate your access to the Services, deactivate your account, block your future access to the Services and/or assess additional fees if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Services. Upon any termination of your access to the Services, you must (a) immediately discontinue use of the Platform and Services, and (b) promptly destroy all Content downloaded or otherwise copied from the Platform, as well as all copies of such materials, whether made under the Terms of Use or otherwise. You also agree that any violation by you of these Terms of Use will cause irreparable harm to JM Appliances for which monetary damages would be inadequate, and you consent to JM Appliances obtaining any injunctive or equitable relief that JM Appliances deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies JM Appliances may have at law or in equity.
Governing Law; Dispute Resolution
All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein without giving effect to any choice or conflict of law provision or rule (whether of Ontario or any other jurisdiction). The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Any legal suit, action, litigation or proceeding of any kind whatsoever in any way arising out of, from or relating to this Agreement may be instituted in the courts of the Province of Ontario, or the Ontario Tribunal, and you irrevocably submit to the non-exclusive jurisdiction of such courts or tribunal, as applicable, in any such suit, action, litigation or proceeding. You agree that a final judgment in any such suit, action, litigation, or proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. To the extent permitted by applicable law, any dispute resolution proceedings will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative or private attorney general legal action.
Confidential Information
You acknowledge that JM Appliances may provide bank account information to facilitate payment of the Purchase Price, or other information that is identified as confidential at the time of disclosure or should reasonably be considered confidential based on the circumstances surrounding the disclosure and the nature of the information disclosed (“Confidential Information”). You agree to: (i) hold in confidence and not disclose Confidential Information to third parties except as permitted by these Terms of Use; and (ii) use the Confidential Information only to fulfill your obligations and exercise your rights under these Terms of Use. You may share Confidential Information with your employees, agents or contractors who have a legitimate need to know (provided that you remain responsible for such parties’ compliance with the terms of this Section 11). These confidentiality obligations do not apply to (and Confidential Information does not include) information that: (i) is or becomes public knowledge through no fault on your part; (ii) was known by you prior to receipt of the Confidential Information; (iii) is rightfully obtained by you from a third party without breach of any confidentiality obligation; or (iv) is independently developed by you without using JM Appliances’s Confidential Information. You may also disclose Confidential Information to the extent required by law or court order, provided you give advance notice to JM Appliances (if permitted by law), and cooperate in any effort by JM Appliances to obtain confidential treatment for the information. This Section 11 shall survive each purchase transaction hereunder, and any termination of these Terms of Use.
Miscellaneous
You may preserve these Terms of Use in written form by printing it for your records, and you waive any other requirement that these Terms of Use be evidenced by a written document.
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Services, in violation of these Terms of Use or any applicable laws or regulations, including without limitation United States export laws and regulations.
If any provision herein is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. The parties agree to replace any invalid provision with a valid provision that most closely approximates the intent and economic effect of the invalid provision. Headings and the division of these Terms of Use into separate sections, subsections and/or exhibits are for reference purposes only and in no way define, limit, construe or describe the scope or extent of these Terms of Use.
These Terms of Use, together with the Privacy Policy and any other legal notices published by JM Appliances constitute the entire agreement between you and JM Appliances with regard to your use of the Services. JM Appliances’s failure to insist on or enforce strict performance of these Terms of Use shall not be deemed a waiver by JM Appliances of any provision or any right it has to enforce these Terms of Use. Any such waiver must be in writing in order to be effective.
JM Appliances shall not be liable to you for failure or delay in performance hereunder due in whole or in part to an act of God, strike, lockout or other labor dispute, civil commotion, sabotage, fire, flood, explosion, acts of any government, unforeseen shortages or unavailability of fuel, power, transportation, or supplies, and any other causes which are not within JM Appliances’s reasonable control, whether or not of the kind specifically enumerated above.
You agree to execute and deliver, or cause to be executed and delivered, all such other instruments, and agree to take all reasonable actions, as may be necessary to transfer and convey the Inventory to Buyer and to consummate the transactions contemplated herein.
These Terms of Use do not create, and nothing contained in these Terms of Use will be deemed to establish a joint venture between you and JM Appliances, or the relationship of employer-employee, partners or principal-agent.
Modifications to Terms
We reserve the right, from time to time, with or without notice to you, to change these Terms of Use in our sole and absolute discretion. The most current version of these Terms of Use will supersede all previous versions and can be reviewed by clicking on “Terms of Use” located at the bottom of the pages of our Sites. Your continued use of the Services following the posting of changes indicates your agreement to and acceptance of the changes. We will indicate the date on which these Terms of Use were last changed at the beginning of these Terms of Use.
Here’s a professional and engaging “About Us” section for an appliances business: