Terms and Conditions

Last updated: 10/21/2020

Overview

This website is operated by CityKinect. Throughout the site, the terms “we”, “us” and “our” refer to CityKinect. CityKinect offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.

Any new features or tools which are added to the current store shall also be subject to the Terms. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Online Store Terms

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Prices

Items shown on the published price list are subject to change without notice. CityKinect’s price quotations shall be open only to unqualified acceptance by the customer in accordance with these Terms and Conditions, and only within the 30 day period from the date of the quotation.

CityKinect’s prices and quotations do not include any charges or billable items from third-party purchasing agents, and CityKinect reserves the right at any time to adjust pricing and quotations to account for any such third-party purchasing agent charges or billable items.

All travel expenses are billed at cost plus a 10% administration fee. CityKinect prices and quotations are subject to customer credit approval.

Services

If professional services are quoted, CityKinect shall provide the services described in the Schedule of Work (SOW). Each SOW will be signed by the parties and shall include, without limitation, pricing and a detailed description of the Services to be provided. In the event of any conflict or inconsistency between these Conditions and SOW, these Conditions shall control. Any quotation for services shall not constitute an offer and shall only be valid for a period of 1 month from its date of issue.

Educational Discount

A 3% educational discount for products only on our published price list is available to universities, colleges and school boards The educational discount is not available for the extended warranty, parts and labour including installation, training, consulting, or cable.

Payment Terms

Net 30 days on approved credit, Visa or Master Card. Applications for credit are
required for non-university institutions and nongovernment agencies.

Sales Tax

The Goods and Services Tax (GST) or the Harmonized Sales Tax (HST) is indicated as a separate item on all invoices. Agencies who are GST or HST Exempt must provide an appropriate valid exemption number, stamp or certificate at the time of ordering.

Cancellation of Purchase Order

CityKinect reserves the right to assess a 15% surcharge for cancellation of any purchase order in whole or in part for standard products. Specialty items such as custom cable length sensors or any nonstandard products may not be cancelled once the purchase order is received.

Warranty Policy

CityKinect warrants its products to be free from defects in materials and
workmanship under normal use and service for twelve (12) months from date of shipment unless otherwise specified and subject to the following conditions:

  1. CityKinect’s obligation under this warranty is limited to repairing or replacing (at CityKinect’s option) products which have been returned prepaid to CityKinect.
  2. CityKinect will return warranted equipment by surface carrier prepaid. This warranty shall not apply to any CityKinect products which have been subjected to misuse, neglect, and accidents of nature or shipping damage. Batteries are not warranted. Under no circumstances will CityKinect reimburse the claimant for costs incurred in removing and/or reinstalling equipment at a test site.
  3. This warranty and CityKinect’s obligation thereunder, is in lieu of all other warranties, expressed or implied, including warranties of suitability and fitness for a particular purpose.
  4. CityKinect is not liable for consequential damages. In cases where returned equipment is found to be operating within specifications (i.e. no problem found) our standard repair and shipping charges will apply.

Shipping Policy

All shipments are F.O.B. Victoria with shipping charges (includes freight, handling & insurance) prepaid and added to the invoice as a separate item. Orders can be shipped collect upon request.

Delivery

CityKinect will use all reasonable efforts to meet any estimated timelines or due dates for the delivery of any product(s). If no dates are specified, delivery will typically be 45 days A.R.P.O. (After Receipt of Purchase Order). CityKinect reserves the right to apply an expediting fee when deemed necessary; after customer consultation. The expediting fee may be applied at a minimum rate of 15% to the total amount invoiced, with a minimum charge of $50.00.

Shortages or Damages

Claims must be reported to CityKinect within seven (7) working days after delivery of goods to the customer.

Ordering and Shipping Location

867 Goldstream Avenue, Victoria, BC V9B 2X8

Equipment Repair

Products may not be returned without a purchase order and a Return Merchandise Authorization (RMA) number issued by our office. The RMA number must clearly appear on the shipping container, all documentation and the returned equipment. In order to accelerate the turnaround time and reduce the service charges, a detailed description of the problem should accompany the item to be repaired.

Repair charges: $130.00/hour (minimum charge is 1 hour).

CityKinect warrants that the repairs will be performed in a competent and workmanlike manner and that all parts used to repair your product will be free from defects in materials and workmanship for a period of ninety (90) days, unless otherwise specified by CityKinect.

Reshelving Fee

Under some circumstances, CityKinect may approve the return of unused products for exchange or credit. CityKinect is under no obligation to the customer to accept the return of any product. Specialty items such as custom cable length sensors or any nonstandard products that are not included on this Price List may not be returned. A Reshelving Fee will be applied at a minimum rate of 15% of the invoiced price of the item(s) with a minimum charge of $50.00. CityKinect must issue an RMA number prior to the return of any product. All shipping charges are the responsibility of the customer and are in addition to the Reshelving Fee.

Ownership

All written reports, analyses, Services, or other “Deliverables” and other working papers delivered to Customer in the course of performing the Services shall be made available to the Customer (“Deliverables”), subject to Customer’s payment in full under such SOW and subject to CityKinects’ rights in the underlying Intellectual Property Rights embodied therein or used by CityKinect to perform the Services (“CityKinect Proprietary Works”). Nothing herein shall preclude CityKinect from developing, using or marketing services or materials that are similar or related to such Deliverables, excluding any part of the Deliverables that embodies Customer Confidential Information. All materials provided by Customer to CityKinect in connection with the Services shall remain Customer property. “Intellectual Property Rights” means (by whatever name or term known or designated) copyrights, trade secrets, trademarks, patents, and any other intellectual and industrial property and proprietary rights, including registrations, applications, renewals and extensions of such rights existing anywhere in the world.

License Grant

Upon Customer’s payment in full for the Deliverables and to the extent that CityKinect Proprietary Works are contained in the Deliverables, Customer is hereby granted a nonexclusive, non-transferable, royalty-free, without rights to sublicense, worldwide license to use such CityKinect Proprietary Works for the purpose for which the Deliverables were provided.

Customer may not modify, alter decompile, disassemble, reverse-engineer, or create derivative works from the Deliverables. This license is not a license to any software generally made available and sold under commercial licenses. In the event that the Services involve CityKinect software products licensed to Customer under a separate license agreement, only the terms set out in such separate
license agreement shall apply in respect for each such CityKinect software product.

Subject to the foregoing license, CityKinect reserves all rights to the CityKinect Proprietary Works and to all other rights not expressly granted to Customer in this Agreement.

Due Diligence

End User bears the responsibility of ensuring all equipment purchased from CityKinect meets regulatory and safety requirements according to the end use of the equipment.

Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.

Third-Party Links

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

User Comments, Feedback and Other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Personal Information

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

Errors, Inaccuracies and Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Prohibited Uses

In addition to other prohibitions as set forth in the Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Disclaimer and Exclusions

DISCLAIMER AND EXCLUSIONS. THE EXPRESS WARRANTIES SET FORTH ABOVE ARE IN LIEU OF (TO THE FULLEST EXTENT PERMITTED BY LAW) ALL OTHER WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES AND DELIVERABLES, OR AS TO THE RESULTS WHICH MAY BE OBTAINED THEREFROM, AND CITYKINECT DISCLAIMS ALL IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE SERVICES AND DELIVERABLES ARE PROVIDED ON AN ‘AS IS’ BASIS.

CityKinect shall not be liable for any loss of profits, loss of business, loss of data and/or use or for any incidental, consequential, exemplary, special or indirect damages, even if advised of the possibility thereof, arising under or in connection with the Agreement. CityKinect’s total liability under the Agreement shall not exceed the fees paid for the Services and Deliverables provided by CityKinect under the SOW. The foregoing limitations and exclusions apply irrespective of whether such damages arise in breach of contract, negligence or otherwise.

Indemnification

You agree to indemnify, defend and hold harmless Citykinect and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Severability

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

Governing Law

These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of British Columbia.

Changes to Terms And Conditions

You can review the most current version of the Terms at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.

Contact Information

Questions about the Terms and Conditions should be sent to us at info@citykinect.com.

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