This is a legal agreement between O.K. Tire Stores Inc. (“we” or “OK Tire”) and you regarding your use of the OK Tire website, which is currently located at www.oktire.com (the “Site”), your use of the OK Tire mobile application (the “App”), and your use and purchase of the products and services on the Site or the App the “Products” and “Services”). Our address is 19021 21st Avenue, Surrey, B.C., Canada, V3Z 3M3, and our phone number is 604.542.7999.
AGREEMENT
For good and valuable consideration, the receipt and sufficiency of which each party acknowledges, the parties hereby agree as follows:
- Products and Services. We may change the Products and Services at any time in our sole discretion. We may use franchisees, licensees, contractors, and other third parties to provide some or all of the Products and Services. You may only purchase the Products and Services for your own personal use. You must not resell or export any of the Products or Services.
- Your Representations and Warranties. You represent and warrant to us that:
(a) you can form a legally binding contract at law;
(b) you are lawfully permitted to purchase the Products and purchase/use the Services; and
(c) all information you provide to us under this agreement and in connection with your purchases and any account opening is and always will be complete and accurate. - Account, User Name and Password. If your above representations are true, then you may set up an account on our Site, which will allow you to save information regarding your purchases, your vehicles and your contact information. Except to the extent we explicitly permit otherwise:
(a) You may establish only one account on the Site.
(b) You must select a unique user name and password for your account. You must not use a user name or password that is, in our sole discretion, vulgar, offensive, defamatory, obscene, hateful or otherwise unlawful or objectionable. We can modify user names as we see fit.
(c) You must keep your password secure and confidential.
(d) You are the only one who may access and use your user name, password and account. You must not allow anyone else to access or use your user name, password or account. You are solely responsible and liable for all activity conducted through your account. If you become aware of or reasonably suspect any security breach, including any loss, theft or unauthorized disclosure or use of your password, you must immediately report the actual or suspected security breach to us by emailing [email protected]. - Purchases. To place an order on the Site or App, you must accurately complete the required information, review all details regarding the Products, Services, payment, delivery and other terms, and click to accept those terms and this agreement. Any orders placed by you are offers to purchase the Products and Services pursuant to this Agreement. We will not be obligated to sell a Product or Service to you unless we have accepted your order for it. An order acknowledgement is not an order acceptance; it is simply an acknowledgement that we have received your order. We may choose not to accept orders at our sole discretion, even after we send you an acknowledgement email. We reserve the right to limit the quantity of Products and Services you may buy, and we reserve the right to cancel orders in whole or in part at our discretion, even after accepting an order.
- Descriptions. We attempt to describe the Products and Services accurately, but we do not represent or warrant that the descriptions or other content on the Site or App are accurate or complete. If a Product is not as described, your sole remedy is to return it to us in unused condition, except where other mandatory remedies are provided by applicable law.
- Payment. You will pay us the prices posted on the Site and App for the Products and Services from time-to-time plus all applicable taxes and shipping/handling fees, pursuant to the payment terms posted on the Site. We may change the prices from time-to-time, although increases will only apply to future orders. We strive to display accurate price information; however, we may make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies or omissions at any time and to cancel any orders arising from such occurrences, in accordance with applicable law. All prices are in Canadian dollars unless otherwise stated.
- Payment Options. You may pay us through the payment options we make available on the Site and App. You must comply with the terms of all agreements between you and any third-party payment processors used to make your purchases, and if you have any disputes regarding the processing of your payment you must deal directly with those third parties to resolve the disputes. If we allow you to pay us via credit card, and you provide us with your credit card details, then you authorize us to charge all amounts to the credit card number you provide to us, and we may do so pursuant to the payment terms set out on the Site. If your credit card payment is rejected or refused you will immediately pay us the amount due. You represent and warrant to us that each credit card you use to pay us belongs to you and you have the right to charge all such payments on the credit card(s). All payments, regardless of how they were made, are non-refundable.
- Interest. You will pay us simple interest on all overdue amounts at a rate of 18% per year, calculated from the date payment was due until the date payment (including accrued interest thereon) is made in full.
- Delivery. Orders will be fulfilled and delivered (or made available for pickup) as stated on the Site from time to time. Orders that are undeliverable or unclaimed will be destroyed, and no refunds or credits will be provided, except where otherwise required by applicable law. You will pay all shipping and handling charges unless otherwise specified in the order confirmation. Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We will not be liable for any delays in shipments.
- Installation. If you selected the installation option, the Products will be installed for you at the location you selected, or at an alternative location if the selected location is not available. You authorize us (and our franchisees, licensees and contractors) to carry out the services required to complete the installation, and to operate your motor vehicle(s) in connection with those services.
- Returns. We do not accept returns or exchanges of any Products, except in accordance with any return policies that may be posted on the Site from time to time, or as otherwise required by law. The current return policy is available here.
- Rules. Whenever you access, use or otherwise deal with the Site, the App, and the Products and Services, you must comply with all applicable laws, and all acceptable-use policies and other policies implemented by us from time-to-time, as posted on the Site.
- Your Privacy and Communications Consent. We and our representatives and suppliers will collect personal information about you, including your name, contact information, birthdate, gender, numerical identifiers, personal preferences and other information (collectively “Personal Information”). You acknowledge that we and our representatives and suppliers may use your Personal Information for the following purposes:
(a) to communicate with you (including through the use of commercial electronic messages), manage your account with us, monitor your compliance with this Agreement, and manage your relationship with us,
(b) to provide you with our newsletter and with information about the Products and Services,
(c) to customize the advertising and content that is presented to you on the Site and App,
(d) to contact you regarding any orders you place through the Site and App, and to help process, deliver and take payment for those orders,
(e) to verify your information, and
(f) as otherwise described in our Privacy Policy, which is currently available by clicking here or from our privacy officer at [email protected].
We may disclose Personal Information electronically or in writing to our delivery and other service providers, including to service providers located in the United States and other jurisdictions outside of Canada who may be subject to applicable disclosure laws in those jurisdictions. You may contact our Privacy Officer (whose contact information is provided in our Privacy Policy) to obtain information about our policies and practices regarding our use of service providers outside of Canada, or to ask questions about the collection, use, disclosure or storage of personal information by our off-shore service providers.
We may use aggregate, non-identifiable information about our customers for promotional and advertising purposes. If we suspect you of fraudulent or other prohibited activities, or we are otherwise permitted or required to do so by law, we may disclose Personal Information to the police or other authorities. We will not otherwise disclose Personal Information except as permitted or required by law or our Privacy Policy.
You hereby consent to us and our representatives and suppliers collecting, using and disclosing the Personal Information, and sending commercial electronic messages to you, in the manner described above. - OK Tire Property. As between the parties, we solely own the following (the “OK Tire Property”):
(a) all content on the Site and App, including all advertisements, offers, deals, information, data, images, artwork, text, videos, audio, pictures and other content provided by us (collectively, the “OK Tire Content”) and all intellectual property rights in the OK Tire Content;
(b) all tools, hardware and software used to provide the Site and the App (collectively, the “OK Tire Tools”);
(c) the graphical design of the Site, App; the user interfaces for the Site and App; and the look and feel of the Site and App; and
(d) our names, logos and trademarks.
You must not copy, modify, distribute, use, exploit or make derivative works from any of the OK Tire Property except as explicitly permitted by us. - Your Property. As between the parties, you solely own all content you provide to us, including all information, data, images, artwork, text, videos, audio, pictures and other content provided by you (collectively, “Your Content”) and all intellectual property rights in Your Content (collectively, “Your Property”). You hereby grant us and our suppliers a licence to copy, modify, distribute, use, and make derivative works from any of Your Property as necessary or desirable to provide the Products and Services to you. You represent and warrant to us that you have all rights necessary to grant the above licence, and that our exercise of the above licence will not infringe or violate the intellectual property or other rights of any third party.
- Use of the Site and App. You must not:
(a) reverse engineer, de-compile, hack, disable, disrupt, interfere with, disassemble, copy, decrypt, reassemble, supplement, translate, adapt or enhance the Site, the App, or any of the OK Tire Property;
(b) create a link, name or label, or otherwise upload to or transmit from the Site, App any content, link or anything else that (if reproduced, published, transmitted or used) may:
(i) be defamatory, threatening, abusive, harassing, hateful, obscene, pornographic, harmful or invasive of anyone’s privacy, or violent,
(ii) violate any law including intellectual property, privacy or other laws;
(iii) impersonate any person;
(iv) give rise to civil or other liability; or
(v) relate to illegal drugs, weapons, gambling or other illegal activities;
(c) upload to or transmit from the Site or the App any data, file, software or link that contains or redirects to a virus, Trojan horse, worm or other harmful component;
(d) use the Site or the App to do or attempt to do any of the following without OK Tire’s prior written permission:
(i) send spam or other bulk messages;
(ii) gain unauthorized access to any data, network or system;
(iii) conduct or promote any commercial activity;
(iv) gamble;
(v) refer to any competitor of OK Tire or any service that is similar to or competitive with the Site or App;
(vi) monitor data or traffic on any network or system;
(vii) obtain an email address, user name or other information about a third party without their consent;
(viii) use any misleading, false or deceptive TCP/IP header information in any email or posting; or
(ix) conduct or instigate any denial of service attack against OK Tire’s website or network, or any third party’s website or network;
(e) improperly make complaints or false reports on the Site or App;
(f) artificially inflate or alter ratings, views or statistics on the Site or App;
(g) falsify any data or information available on the Site or App;
(h) delete or modify any copyright or other intellectual property notices on the Site or App;
(i) sell or transfer your Site or App account, or allow any third party to access or use it;
(j) avoid, circumvent, or disable any access control technology, security device, procedure, protocol, or technological protection mechanism that may be included or established in or as part of any of the Site, or the App, or any hardware/software used to provide the Site or the App, or third party hardware/software or services;
(k) interfere with the Site or the App or any third party’s use of the Site or the App;
(l) resell any of the Services or allow any third party to use or access the Site, App Services or Products without OK Tire’s prior consent; or
(m) authorize or encourage any third party to do any of the above. - Remedies. In addition to any other available remedies, upon breach of any of your obligations under this Agreement we may suspend or terminate your Site and App accounts.
- Advertising. Some of the Services may contain advertisements and promotions which may be targeted to you based on your use of the Site or the App. The format, type and content of the advertising and promotions may change from time to time. You must exercise caution when purchasing goods or services from any third-party advertiser or brand that may be promoted on or linked to the Site or App.
- Your Responsibilities. You are solely responsible for obtaining all computer equipment and connections required to access and use the Site and the App. We will not be responsible for the workings or failures of your computer equipment, network, software or Internet access.
- Interruptions/Errors. Your use of the Site and the App might be interrupted and will not be free of errors. Some of the content on the Site or App might be translated, and those translations may not be accurate or appropriate. The Services may be unavailable from time-to-time due to routine maintenance, upgrades, hardware/software malfunctions, repairs, power outages, hackers, denial of service attacks and unforeseeably large service demands.
- Modifications. From time to time, we may add new features to the Site and the App, remove existing features from the Site and the App, or otherwise modify the Site and the App (including their functionality, “look-and-feel”, universal resource locators and software components).
- Inactive and Abandoned Accounts. If you do not log into your account for any period of at least 90 consecutive calendar days, your account may be deemed “Inactive”. We may, in our sole discretion, suspend or terminate your account if it becomes inactive.
- Termination. Without prejudice to any of our rights at law or equity, we may terminate your access to the Site and the App with no prior notice if you fail to make a payment to us as and when required, or if you fail to comply with any obligation in this Agreement, or if any of your representations or warranties is or becomes untrue.
- Effect of Termination. Upon termination of your account or this agreement:
(a) you will immediately cease all use of the Site, the App, and the OK Tire Property;
(b) we will cease using Your Content, although we will not be required to delete Your Content from any previously published or posted marketing materials or social media postings;
(c) you will have no further access to your account, or anything associated with it;
(d) you will immediately pay OK Tire all amounts owing under this agreement; and
(e) sections 2, 4-13, 23, 27 – 30, 32, 34 – 36 will survive termination. - Contests. We may provide contests on the Site or the App. If we do, they will be governed by rules we impose upon contestants. If you participate in a contest, you must comply with the rules of that contest. If there is a conflict between this agreement and the rules of a contest, the rules of the contest will govern with respect to that contest.
- Links from the Site or App. The sites that are linked from the Site or App (including our franchisees’, licensees’, and suppliers’ sites) are not under our control, and we do not assume any responsibility or liability for any communications or materials available at those linked sites, or personal information collected about you from those sites. You may be charged fees to access or use the linked sites; these fees are not covered by any fees you pay to us. All links are provided for your convenience only; they are not an endorsement or referral by us.
- Links to the Site. You must not link to the Site or any content on the Site except as explicitly permitted by this section or our policies. Your permission to link to the Site is expressly conditioned upon your compliance with the following restrictions:
(a) the link must resolve to the homepage, “OKTire.com”;
(b) the link must comply with the Site’s other policies regarding content;
(c) the link and surrounding materials must not deliver any of the Site content in a framed environment, or alter the layout, content, look, or feel of the Site content;
(d) the link and surrounding materials must not imply affiliation or falsely represent any relationship between the linking site and the Site; and
(e) the link and surrounding materials must not portray the Site or its services in a false, misleading, derogatory, defamatory or otherwise offensive manner. - Disclaimer. Consumers in Quebec, Canada: Quebec’s Consumer Protection Act (CQLR c P-40.1) provides you with certain rights, including warranties as to acceptable quality, safety, durability, accurate description and against hidden defects. Nothing in this provision is intended to limit or replace any of your rights under the Consumer Protection Act (CQLR c P-40.1), and to the extent that it is prohibited by law, the exclusion hereunder does not apply to Quebec consumers.
IN ALL OTHER JURISDICTIONS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW IN QUEBEC, EXCEPT AS OTHERWISE REQUIRED BY LAW, THE SITE, THE APP, THE OK TIRE CONTENT, THE OK TIRE TOOLS, THE PRODUCTS AND THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, AND TO THE EXTENT PERMISSIBLE BY LAW WE DISCLAIM ALL TERMS, CONDITIONS, GUARANTEES, REPRESENTATIONS AND WARRANTIES (EXPRESS, IMPLIED, STATUTORY AND OTHERWISE), IN RESPECT OF THE SITE, THE APP, THE OK TIRE CONTENT, THE OK TIRE TOOLS, THE PRODUCTS AND THE SERVICES, INCLUDING THOSE OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. - Limitation of Liability. TO THE EXTENT PERMISSIBLE BY LAW, YOU USE THE SITE, THE APP, THE OK TIRE PROPERTY, THE PRODUCTS AND THE SERVICES AT YOUR OWN RISK. EXCEPT AS REQUIRED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS IN CONNECTION TO THE USE OF, OR INABILITY TO USE, THE SITE, THE APP, THE OK TIRE PROPERTY, THE PRODUCTS AND THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND WITHOUT LIMITING THE PREVIOUS SENTENCE, WE WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, DAMAGE TO PROPERTY AND EXPENSES, IN CONNECTION WITH THE SITE, THE APP, THE OK TIRE PROPERTY, THE PRODUCTS OR THE SERVICES, EVEN IF ANY OF THE FOREGOING IS FORESEEABLE OR WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE BASIS ON WHICH A CLAIM FOR DAMAGES IS MADE.
- Maximum Liability. IF, DESPITE THE ABOVE LIMITATIONS, WE BECOME LIABLE TO YOU IN RESPECT OF THE SITE, THE APP, THE OK TIRE PROPERTY, THE PRODUCTS OR THE SERVICES, OR A COMBINATION OF THE FOREGOING, THAT LIABILITY WILL BE LIMITED TO A TOTAL OF THE ACTUAL AMOUNT YOU PAID TO US FOR THE PRODUCTS OR SERVICES WHICH CAUSED THE LIABILITY, EXCEPT AS OTHERWISE REQUIRED BY LAW.
- Indemnity. YOU WILL INDEMNIFY US AND OUR AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, LICENSORS AND LICENSEES (COLLECTIVELY, THE “INDEMNITEES”) AND HOLD THE INDEMNITEES HARMLESS FROM AND AGAINST ALL DAMAGES, INJURIES, LIABILITIES, COSTS, EXPENSES AND LEGAL FEES THAT ANY OF THEM MAY INCUR IN CONNECTION WITH:
(A) YOUR USE OF THE SITE, THE APP, THE OK TIRE PROPERTY, THE PRODUCTS OR THE SERVICES; OR
(B) THE UNTRUTHFULNESS OR INACCURACY OF ANY OF YOUR REPRESENTATIONS OR WARRANTIES TO US; OR
(C) YOUR BREACH OF ANY OBLIGATION, REPRESENTATION OR WARRANTY IN THIS AGREEMENT. - Modifications to this Agreement. From time to time in our sole discretion we may modify the terms of this Agreement by posting the modifications on the Site. You will be bound by the modified terms after the modified terms have been emailed to you or have been posted on the Site for 30 days. If any change is not acceptable to you, your only recourse is to terminate your account.
- Governing law. Except where otherwise required by applicable law, this Agreement will be governed by the laws in effect in British Columbia, Canada. Where permitted by applicable law, you attorn to the exclusive jurisdiction of the British Columbia courts; however, you or we may apply to a court of competent jurisdiction for interim protection or equitable relief such as an injunction.
- Language. The parties have expressly agreed that this agreement and all ancillary agreements, documents or notices relating thereto be drafted solely in the English language. Les parties aux présentes ont expressément convenu que cet accord et tout autre convention, document ou avis y afférent soit rédigé en anglais seulement.
- Force Majeure. We will not be deemed to have breached this agreement for any failure or delay in performing our obligations under this agreement to the extent such failure or delay is caused by any event of force majeure, including an act of God, flood, fire, earthquake, tsunami, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, cyber attack, epidemic, pandemic, lockout, strike or other labour disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
- Notices. The parties will give notices as follows:
(a) To You. We may provide any notice to you by: (i) sending a message to the email address you provided to us; or (ii) by posting to the Site or the App. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
(b) To Us. To give us notice under this agreement, you must send us the written notice by personal delivery, overnight courier or registered or certified mail to O.K. Tire Stores Inc., 19021 21st Avenue, Surrey, B.C., Canada, V3Z 3M3, or to such other address we may post on the Site. - General. No delay or failure to act by us regarding any default will impair any of our rights or remedies that are not expressly waived in writing. This Agreement and any terms of use you agree to when you set up the App supersede all prior agreements of the parties regarding the Site, the App, the Products and the Services, and constitute the whole agreement with respect to the Site, the Products and the Services. You must not assign or sublicense this Agreement or any of your rights under this Agreement without our prior written consent, which may be withheld without cause. We may assign or sublicense this Agreement and any or all of our rights and obligations under it in our sole discretion. This Agreement will enure to the benefit of and be binding upon the parties and their lawful successors and permitted assigns. We will not be liable for any delay or damage caused as a result of any event beyond its reasonable control; any delay caused by any such event will not be deemed to be a breach of or failure to perform this Agreement.
BY CHECKING OFF THE BOX “I AGREE TO THESE TERMS AND CONDITIONS AND THE PRIVACY POLICY OF OK TIRE”, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT AND AGREE TO BE BOUND BY IT.
Last Update: September 24th, 2020