Web Site Terms and Conditions of Use

This page states the terms and conditions of use (“Terms and Conditions”) under which you may use karrys.com (the “Web Site”). Please read this page carefully. If you do not accept the Terms and Conditions stated here, your sole recourse is to leave the Web Site immediately. Karrys Wholesale Distributors (the “Company”, “Karrys”, “We”, “Us”, and “Our”) reserves the right to change these Terms and Conditions at any time and to notify you by posting an updated version of the Terms and Conditions on this Web Site.  We also reserve the right at any time and from time-to-time to modify or discontinue, temporarily or permanently, the Web Site (or any part thereof) with or without notice.

Section 1. Use of Material.

The contents of this Web Site, such as any and all content, text, graphics, images, audio, video, software, trademarks, service marks, trade names and other information (“Material”) contained in this Web Site are proprietary to us and/or our third-party licensors.  The Material is protected by Canadian and international copyright and trademark laws, including the HTML that the Company uses to generate its web pages. All trademarks appearing on the Web Site are property of their respective owners.  Our trademarks and trade dress may not be used in any manner for any purpose without our express written consent.

Except as outlined below, you may not modify, copy, reproduce, publish, post, transmit, distribute, display, perform, create derivative works from, transfer or sell any Material without our express prior written consent.  You may download, print and reproduce the Material for your own personal informational purposes, provided that you agree to maintain any and all copyright or other proprietary notices contained in such Material, and that you cite the URL Source of such Material. Reproduction of multiple copies of the Material, in whole or in part, for resale or distribution is strictly prohibited except with our prior written permission.  To obtain written consent for such reproduction, please contact us at legal@karrys.com

Section 2. Acceptable Site Use.

  • Registration and Passwords.  To access certain portions of the Web Site, including without limitation, to access the On-line Ordering system, you may be asked to complete a registration form.

    In consideration for your use of this Web Site and the services provided on it, you agree to provide true, current, complete and accurate information as requested on any registration form to which this Web Site may direct you, and to update that registration information as soon as possible after any information on such registration form changes.

    Upon registration, you will be given a password and/or username. You alone are responsible for keeping that password and username confidential, and for any and all activity that occurs on this Web Site under such password or username.  You agree to immediately notify us of any unauthorized use of your password or username or any other breach of security relating to the Web Site.
  • Web Site Security Rules. You are prohibited from violating or attempting to violate the security of the Web Site, including, without limitation, (i) accessing data not intended to be accessed by you; (ii) logging into a server or account that you are not authorized to use, (iii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (iv) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus or trojan-horse to the Web Site, overloading the Web Site with requests (sometimes referred to as a “denial of service” attack or “flooding” the server), or otherwise attempting to crash the Web Site, (v) sending unsolicited e-mail, including promotions and/or advertising of products or services on behalf of the Web Site, or (vi) forging any traffic in relation to the Web Site. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
  • General Rules. Users may not use the Web Site in order to transmit, distribute, store or destroy material (i) in violation of any applicable law or regulation, (ii) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity of other personal rights of others, or (iii) that is libelous, obscene, threatening, abusive or hateful.

Section 3. The Company’s Liability.

The Material may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of the Web Site or the Material. The use of the Web Site and the Material is at your own risk.  Changes are periodically made to the Web Site and may be made at any time.

THE COMPANY DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THIS WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES, TROJAN-HORSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.

THE WEB SITE AND MATERIAL ARE PROVIDED ON AN ‘AS IS’ BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTIES RIGHTS. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

Section 4. Disclaimer of Consequential Damages.

IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT THIS WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATIONS, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE MATERIAL, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Section 5. Links to Other Sites.

The Web Site may offer you links to other sites on the Internet that are owned and operated by third parties, and therefore not affiliated with us.  Please understand that such linked Web Sites are independent from the Web Site and that we have no control over the content of such Web Sites.  Consequently, we cannot be held liable and make no warranty or representation whatsoever as to the accuracy, timeliness and/or completeness of the information contained on such Web Sites.

The links that we might place on our Web Site do not imply that we sponsor, endorse or are affiliated or associated with, or have been legally authorized to use any trade-mark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such sites.

We welcome any feedback that you may have concerning the external links that we have placed on our Web Site.

Section 6. Indemnity.

You agree to defend, indemnify, and hold harmless the Company, it’s officers, directors, employees, agents, and licensors from and against losses, expenses, damages, claims, fines, penalties, costs and liabilities (including reasonable legal and accounting fees), alleging or resulting from (a) any content you (or anyone acting under any password or username that may be issued to you) submit, post, transmit or make available on the Web Site and/or (b) your (or anyone acting under any password or username that may be issued to you) use of this Web Site, connection thereto, or any alleged violation by you of these Terms and Conditions. The Company shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.

Section 7. User Information.

The Company may use the information it obtains relating to you, including your IP address, name, mailing address, email address and use of the Web Site to administer this website, for internal business and marketing purposes.

Section 8. General.

These Terms and Conditions do not supersede the Credit Application Package that you may have submitted to Karrys.  Except as expressly provided in a particular Legal Notice, Software License, or Material on the Web Site, this Agreement, including the “Karrys E-Marketplace Terms & Conditions” and the “Web Specials Conditions” outlined below, constitute the entire Agreement between you and the Company with respect to the use of Web Site.

Notices to you may be made via email, or in cases of changes to these Terms and Conditions or to the services offered by the Web Site, by posting notices or links to such notices on the Web Site itself.

Section 9.  Applicable Laws.

These Terms and Conditions will be governed by and construed in accordance with the laws in effect in the Province of Ontario, and any dispute is to be submitted to a court of competent jurisdiction in the judicial district of Toronto, Province of Ontario. If any provision of the present Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then such provision shall be severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.

KARRYS E-MARKETPLACE TERMS & CONDITIONS

  • You must be at least 19 years of age to gain access privileges to Karrys on-line ordering. 
  • You must have a valid e-mail address to which we can correspond. 
  • While Karrys works hard to ensure pricing accuracy, Karrys reserves the right to change pricing from time of ordering to time of delivery.  Karrys reserves the right to correct, reject, cancel or terminate any order or portion of an order where an item within the order had an incorrectly displayed price, or where we otherwise displayed erroneous or inaccurate information. If we cancel an order or portion of an order and you have already paid, our only obligation to you will be to issue you a credit.
  • Pricing on Karrys invoice at the time of delivery will be assumed as correct.
  • Access to Karrys On-Line Ordering is at the sole discretion of Karrys. 
  • Credit terms granted are at the sole discretion of Karrys. 
  • The customer option to use Credit Card payment is at the sole discretion of Karrys and may be revoked without prior notice.
  • Changes to User ID and Password requires 24 hours written notice that must be submitted in writing via fax during business hours to (905) 565-7575.
  • You acknowledge that quantity of products ordered may not be shipped due to inventory discrepancies. 
  • You acknowledge that ordered quantities will only be reserved for one hour unless you receive an order confirmation number on the order receipt screen. 
  • You accept full responsibility for the correct date for delivery on the order receipt screen. 
  • You accept full responsibility to the safeguard of the User ID, and Passwords - Karrys will assume any orders received with proper ID and Password verification are valid.
  • Any abuse of Karrys E-Marketplace ordering will result in suspension and/or termination of privileges. 
  • Karrys will NOT sell your e-mail address to any outside party for secondary marketing purposes.

WEB SPECIALS CONDITIONS

  • Web specials are valid for dates specified at time of order. Limited time offer, some specials may not be available to all accounts.
  • Previous special savings range from 5-15%, however, past promotions are not indicative of future promotions and may not be repeated. Level of deal value may vary from product to product and from day to day.
  • Minimum or Maximum order quantities apply.
  • In order to receive special savings, customers must be in good credit standing. 
  • Not all customers qualify for special savings. Please verify your plan-o-gram before ordering. 
  • Some items may be on allocation at the time of order, and quantities may be limited. 

If you have any questions or comments regarding these Terms and Conditions please contact us at legal@karrys.com

Last updated February 25, 2008.

Karrys reserves the right to change, modify or discontinue any policy without notice. The information contained within is not considered a guarantee of service, expressed or implied.