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Welcome to Auto Value, a division of Central Auto Parts Distributors Ltd. The present Terms of Service applies to your use of the Auto Value (“Auto Value”) website located at www.autovalueparts.ca (the “Website”). These Terms of Service (the “Terms”) govern your access to and use of the Website. By using the Website, you affirm that you consent to the present Terms of Service. If you violate or do not agree to these Terms of Service, your use of the Website may be suspended or terminated at any time at the sole discretion of Auto Value. Additional terms and conditions may apply to some services offered on the Website. The terms and conditions for such services will be listed on the Website from time to time and are incorporated into these Terms of Service by reference. To the extent permitted by applicable law, Auto Value reserves the right to deny or terminate your use of the Website at our sole discretion.
1. About the Service
1.1. Auto Value offers automotive parts and supplies for sale through our online store on the Website. Individuals or businesses (the “User”) accessing our online store (the “Online Store”) have the option to create a user account to make their purchase. Auto Value offers products from a variety of suppliers from across Canada and internationally. All items sold on the Website are available for delivery across Canada or for in-store pickup if indicated as such on the item posting.
1.2. You may also request services from Auto Value by contacting us at info@autovalueparts.ca. Upon receipt of an email request, Auto Value will endeavour to respond within 48 hours.
1.3. The Online Store is only available to residents of Canada who are at least 18 years’ old. Users may purchase a wide range of automotive parts, supplies, and accessories from the Online Store for commercial or personal use (the “Products”). Product quantities may vary from time to time. Auto Value reserves the right to inspect all User orders prior to acceptance. All User orders will only be deemed accepted upon the User’s receipt by email of an order confirmation from Auto Value.
2. User Accounts
2.1. Users may create a user account on the Website by providing their name, email, phone number, and address information where requested (the “User Account”). Only Website users with a User Account will have the ability to make purchases through the website. Users will also have the option to enter their billing and shipping information on their account page and any purchases made thereafter will be automatically associated to the billing and shipping information provided in the User Account.
2.2. You must at all times provide accurate and truthful information regarding your identity when creating a User Account and may not create a User Account for another individual without their explicit written permission. Auto Value reserves the right to suspend or cancel a User Account at its sole discretion at any time and for any reason upon notice to you.
2.3. You are solely responsible for updating your User Account access passwords regularly. It is strongly recommended that passwords or login information or any other confidential information not be shared by email unless encrypted.
2.4. You may cancel your User Account at any time by contacting us by email at info@autovalueparts.ca. subject to our Refund Policy. Auto Value also reserves the right to suspend or end the Services if you are found to be in breach of this Terms of Service, or for any other reason subject to this Terms of Service.
3. Promotions
3.1. Auto Value may occasionally offer new or existing users a promotional offer in connection with their use or potential use of Auto Value’s services (a “Special Offer”). The terms of a Special Offer shall be contained or otherwise transmitted therewith and otherwise governed accordingly.
3.2. Clearance prices are available while supplies last, on a first come, first served basis. No back orders or rain checks are available for Products marked for clearance. Auto Value will not order, restock, or transfer in any Products marked for clearance, and will not substitute any other items for a Product marked for clearance or at a reduced price. Products marked for clearance may not be further discounted by any means, including but not limited to, promotional codes, gift cards, or coupons.
3.3. All sales for Products marked for clearance are final, and clearance items are sold “as is.” Products marked for clearance cannot be returned or refunded. All quantities shown for clearance items are estimates, and if an order cannot be fulfilled due to product depletion the User will be notified and their payment refunded.
3.4. In the event Auto Value offers promotional gift cards, the gift cards shall be redeemable on the Website and in store, and are not redeemable for cash or credit, unless required by law. Gift cards are not credit or debit cards and have no implied warranties. Auto Value may assign its rights and duties as issuer of a gift card in their entirety to any affiliate or other issuer without recourse or consent of the gift card owner. If assigned, Auto Value shall have no obligation to the gift card owner, and the new issuer will be the sole obligor. Auto Value is not responsible or liable for lost, stolen, or damaged cards, or for cards used without the intended User’s permission, except as required by law. Purchase, acceptance, or use of a gift card constitutes acceptance of these Terms of Service, which are subject to change without notice except as required by law.
4. Fees
4.1. The fees payable in connection with your purchase of items from Auto Value (the “Fees”) will be specified on the Website. Auto Value does not offer a price match or low price guarantee. The final total for all purchases will be inclusive of sales tax and delivery charges which may not be listed publicly on the Website.
4.2. In the event of any discrepancy between the Fees listed on the Website and those listed elsewhere by Auto Value, the Fees listed on the Website shall prevail and the other listing shall be duly amended upon notice to Auto Value of the discrepancy. Fees are denominated on the Website in CDN dollars and are exclusive of any applicable taxes.
4.3. Fees may be paid by way of PayPal, or credit card. You represent and warrant that you are authorized to use the payment method you designate to Auto Value.You authorize Auto Value to charge your designated payment method for the total amount of your purchase, including any applicable taxes and other charges. If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Account may be suspended or cancelled at our sole discretion.
4.4. In the event that any credit card, deposit, and/or financial instrument is rejected by Auto Value’s financial institution, you acknowledge and agree that Auto Value shall invoice you in the amount of $50.00 for all fees and administrative time associated with the rejected cheque and/or financial instrument. We reserve the right to suspend our services or your Account in the event of such delinquency. You agree to reimburse Central Auto Parts Distributors Ltd. (operating from time to time as Auto Value) for any fees or costs, including lawyer’s fees, it incurs to collect an unpaid balance due.
4.5. If any amount remains unpaid 30 days after the date of an invoice, it is agreed that the unpaid portion shall bear interest attherateof12% per annum,calculated from the date of the invoice.
4.6. Auto Value may from time to time accept alternative payment methods not listed herein. Acceptance of alternative payment methods is at the sole discretion of Auto Value. Instructions for alternative payment options will be listed on the Website when available, which availability may be withdrawn by Auto Value at any time or from time to time at Auto Value’s sole discretion.
4.7. In the event of an error in connection with the pricing or charging of any Fees, Auto Value reserves the right to correct such error accordingly (including charging the correct price) or to cancel the purchase and refund any amount charged. Your sole remedy in the event of a billing error is to obtain a refund for the excess amount charged. To be eligible for such refund, you must provide notice of any such error within 30 days of the date of the billing statement in which such error first appeared.
5. Shipping
5.1. Auto Value may provide the User with tracking information for online purchase deliveries depending on the shipping method selected (the “Tracking Information”). The Tracking Information is the sole property of the third party’s respective services and any use of the Tracking Information, other than to track shipments to the User, will be considered a violation of these Terms of Service. The Tracking Information is provided on a confidential basis to the User.
5.2. All delivery dates are based on the Product size and weight and the delivery location. All delivery dates are estimates only and are not a representation or guarantee. Deliveries become the sole responsibility of the customer once the order has reached the address indicated in the tracking information. Auto Value shall in no event be held responsible for Products which are successfully delivered but not received by the User due to theft or any other reason outside our control.
5.3. All disbursements, including but not limited to subscription fees, mailing, and shipping costs, incurred at your request shall be in addition to the stated Fees paid to Auto Value. Auto Value’s invoices for Fees and disbursements shall be paid upon receipt.
5.4. Shipping times for purchased Products may vary depending on the delivery method selected and various other delays outside of Auto Value’s control.
6. Processing of ClientPayment
All purchases must be paid in full immediately upon request. Payments may be processed through a third-party payment processing service from time to time. All payments must be made in accordance with the fees, charges, and billing terms in effect at the time Fees are due and payable. Auto Value reserves the right at any time to change its prices and billing methods, either immediately upon posting on the Auto Value website or by email delivery to you.
7. Taxes
You take sole responsibility for the payment of any sales tax and any related penalties or interest to the relevant tax authority if you fail to pay the sales tax associated with the Fees (the “Sales Tax”). You hereby indemnify Auto Value for any liability or expense we may incur in connection with such SalesTaxes. You may be required to provide Auto Value with evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax, and any other tax measured by sales proceeds, that Auto Value is permitted to pass on to you, that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
8. Cancellation and Refund Policy
8.1. Clients may cancel their Account at any time by emailing Auto Value at info@autovalueparts.ca. All cancellations are subject to Auto Value’s refund policy described below.
8.2. Auto Value reserves the right to terminate any User Account for any reason at any time, including the ending of services that are already underway. If any payment processing request is rejected at any time for any reason, your User Account may be immediately terminated and you will be notified of the termination within twenty four (24) hours.
8.3. Users may return any Product to any of our locations in its original packaging and condition, with the original purchase receipt included, for a full refund. All returns and refunds must be processed in store. Users may also return a Product which is defective or arrived in damaged condition by contacting us at info@autovalueparts.ca and including a copy of the original purchase receipt and a photograph of the Product in question, or by bringing the item back to any of our locations, All refund requests are subject to an initial review by Auto Value and are offered only at our sole discretion, reasonably exercised. Specially-ordered Products may be subject to a restocking fee. Core items that are, as a result of the User, broken, damaged, or returned with missing parts, may be subjected to a reduced refund amount at Auto Value’s sole discretion. Certain exceptions and exclusions to our refund policy may apply.
8.4. The following products are non-refundable and non-exchangeable. These include:
8.4.1. Pre-paid Freight Fees;
8.4.2. Gift certificates and cards;
8.4.3. Custom-made or altered Products;
8.4.4. Paint, stain remover, and scrape remover;
8.4.5. Products on sale, reduced price, or marked for clearance
9. Safe Use Standards
When accessing or using the Auto Value Website and/or your User Account, you agree that you will not violate any law, contract, or intellectual property or act in any way which may cause harm to Auto Value or another Auto Value User. All users of the Website must adhere to Auto Value’s safe use standards, including but not limited to:
a) No unauthorized use of the Auto Value Website;
b) No using the Website to transmit unsolicited commercial emails or other similar messages;
c) No copying of the content of the Auto Value Website or any of its underlying source code;
d) No removing, altering, or obscuring any copyright or other proprietary notices of Auto Value or its affiliates or licensors in any portion of the Auto Value Website;
e) No uploadingtotheWebsite of anycontentormaterialwhichmayharm,injure,damage,or otherwise risk the safety, wellbeing, or commercial operations of another user or of Auto Value, or that contains any virus, malware, or other maliciouscoding;
f) No obscuring or disabling any content that appears on or through the Auto ValueWebsite;
g) NocopyingorcollectingdatafromtheAuto ValueWebsite orusingtheWebsiteto in any way attempt to collect data or breach the security of Website Users;and
h) No violating of anyrequirements,policies,proceduresorregulationsofathirdpartyservice which is connected to the Auto ValueWebsite;
(the “Safe Use Standards”)
If you violate any of the foregoing, Auto Value reserves the right to suspend or terminate your access to and use of the Auto Value Website immediately without notice. Auto Value also reserves the right to pursue any remedy it deems appropriate under the circumstances if you are found to be in violation of our Safe Use Standards.
10. Use of Auto Value Website
10.1. Definitions:
10.1.1. For the purposes of this Section 10, the following definitions shall apply:
a. “Business/Service Interruption” means any delay or stoppage to the Website or to your Account forced upon Auto Value by reasons which could not have been reasonably foreseen or prevented;
b. “Computer Security” means the programs and software Auto Value utilizes to protect its and its user’s Data;
c. “Cyber Extortion” means any direct or indirect attempt to coerce Auto Value or its representatives through online or electronic means into any form of exchange to prevent a threatened action by the coercing party;
d. “Data” means any electronic information, text, or code in the possession of Auto Value.
e. “Data Asset” means any electronic information, text, or code provided by you or created by Auto Value further to your use of the Website;
f. “Force Majeure” includes, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services;
g. “Information” includes Personal Identifiable Information, Data, Data Assets, and any other documentation which could be reasonably foreseen as having intrinsic or economic value to a user and/or to Auto Value;
h. “Malicious Code” means any code in any part of a software system or script that is intended to cause undesirable effects, security breaches or damage to a compute system.
i. “Personal Identifiable Information” means any information that alone or in combination with other information held by Auto Value can be used to specifically identify a user;
j. “Security Breach” means any compromise of Auto Value’s personal or corporate accounts, computers, or any other password-protected information, that leads to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to protected data transmitted, stored or otherwise processed
10.2. Auto Value takes your privacy and security extremely seriously. While we endeavour to take every reasonable precaution to protect your information, certain events outside of our control, including but not limited to cyber extortion, hacking, business/service interruptions, and force majeure events, may result in the disclosure, damage, or destruction of such information and further subsequent damage. In such event, Auto Value shall not be held responsible or liable for any theft, damage, loss or unauthorized disclosure of personally identifiable information or any other information or records that are in the care, custody or control of Auto Value. In such event, Auto Value shall not be held liable for any interruption, damage, or liability that is a direct or indirect result of:
a. The alteration, corruption, destruction, deletion, or damage to data stored on Auto Value’s computer systems;
b. Data loss, damage, inability to access a data asset or your Account, and/or intellectual property infringement that is caused by a security breach or force majeure event;
c. Data loss, damage, inability to access a data asset or your Account, or a business/service interruption caused by a satellite or internet failure;
d. The failure to prevent transmission of malicious code from Auto Value computer systems to computer or network systems belonging to a user of Auto Value or related third party; or
e. The failure to prevent a loss or threat caused by cyber extortion.
10.3. All content on the Website, including but not limited to text, graphics, images, information obtained from manufacturers, suppliers and other entities, and any other material on the Website (the “Content”) is for informational purposes only. Any information furnished on the Website is not intended nor implied to be automotive official advice and is not intended to replace personal consultation with a qualified automotive service technician, mechanic, or similar automotive professional.
11. Limited License
Except as otherwise provided, subject to your compliance with these Terms of Service, for so long as you maintain an active Account, Auto Value grants to you a revocable, personal, non-exclusive, non-assignable and non-transferable license for personal, non-commercial purposes, except where explicitly provided otherwise, to (i) access the Auto Values Website (ii) cause the Website to be displayed from a computer and/or mobile device, (iii) to install and run one copy of the Application on a single mobile device, and (iv) use the Website, solely as permitted under these Terms of Service(the“License”). Auto Value and its affiliates and licensors reserve all rights not expressly granted to you in these Terms of Service. Your rights herein are only as described above for this limited License.The License granted under this Section may be terminated by Auto Value for any reason at Auto Value’s sole discretion.
12. Intellectual Property Rights
12.1. Unless otherwise indicated,the Auto Value Website and all content, materials, information, functionality and other materials displayed, performed, contained or available on or through the Auto Value Website, including, without limitation, the Auto Value logo, and all designs, text, graphics, pictures, information, data, sound files, images, illustrations, software, other files, and the selection and arrangement thereof (collectively, the “Materials”) are the proprietary property of Auto Value or its affiliates or licensors, and are protected by Canadian and international copyright laws and other intellectual property rights laws.
12.2. Auto Value reserves all rights in the Website including but not limited to the right to sue and otherwise enforce intellectual property rights in the Website.
12.3. You are not permitted to post any material to the Website if such material would violate a copyright or other applicable law, including the Digital Millennium Copyright Act ("DMCA"). If you believe any material on the Website infringe on an exclusive right, you may notify Auto Value by sending a notice containing:
12.3.1. A physical or electronic signature from a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
12.3.2. Identification of the copyrighted work claimed to have been infringed
12.3.3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and the location of said material.
12.3.4. Contact information for the complainant, such as an address, telephone number, and email address.
12.3.5. A statement that the complainant has a good faith belief that use of the material in the allegedly infringing manner is not authorized by the copyright owner, its agent, or the law.
12.3.6. A statement that the information in the notice is accurate and, under penalty of perjury, that the complainant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Auto Value’s address for receipt of such notices is 34 Highfield Circle SE, Calgary, Alberta, Canada T2G 5N5.
13. Trademarks
Auto Value, www.autovalueparts.ca, and other Auto Value graphics, logos, page headers, buttons, icons, scripts, and service names are trademarks of Auto Value, and may not be copied, imitated,or used,in whole or in part,without Auto Value’s prior written consent. All other registered trademarks and servicemarks are used for reference purposes only, and remain the property of their respective owners. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply an endorsement, sponsorship or recommendation by Auto Value.
14. Communications
14.1. Auto Value reserves the right to contact you from time to time for feedback regarding your use of the Website. Auto Value will also contact any Website user who files a complaint with Auto Value regarding a representative of Auto Value or our services overall. Notices to users will be deemed effective at the time they are sent by Auto Value or as of the date they are posted on the Website.
14.2. You understand that the Website may feature advertisements from Auto Value or third parties. Our disclosure of information for third party advertising is addressed in and subject to our Privacy Policy.
14.3. Auto Value may provide links to third party websites or vendors. We make no representations or warranties regarding any content, goods or services provided by any third party linked from the Website. Without limiting the generality of the foregoing, Auto Value is not responsible for the completeness or accuracy of any information hosted or provided by any third party or for deleting any such information. If you access a third-party website or content from the Website, you do so at your own risk, and you understand that this Terms of Service and Privacy Policy do not apply to your use of such sites or services. You expressly relieve us from any and all liability arising from your use of any third party website, service, or content. You agree that Auto Value shall not be responsible for any harm, loss, or damage of any sort relating to your dealings with such third parties. If Auto Value deletes or destroys your Account, Auto Value will not have control over what third parties that had access to your information do with that information.
15. Maintenance and Support
Auto Value is solely responsible for providing any maintenance and support services with respect to the Website when required from time to time or as required under applicable law.If you notice a problem or error on the Website you can report it to info@autovalueparts.ca
16. Third Party Terms of Agreement
You must comply with applicable third party terms of agreement when using the services of a third party contracted by Auto Value.
17. Limitation of Liability
17.1. AUTO VALUE TAKES YOUR SECURITY AND PRIVACY VERY SERIOUSLY. HOWEVER, AUTO VALUE CANNOT AND SHALL NOT BE HELD RESPONSIBLE FOR ANY DAMAGE OR INJURY CAUSED DIRECTLY OR INDIRECTLY BY A DATA BREACH OR ANY OTHER LOSS OF YOUR DATA WHICH WAS OUTSIDE OUR CONTROL. THIS LIMITATION OF LIABILITY SHALL APPLY TO ALL YOUR DATA, WHETHER IN ELECTRONIC OR PHYSICAL FORM, AND REGARDLESS OF WHETHER SUCH DATA WAS PRODUCED BY AUTO VALUE OR PROVIDED BY YOU.
17.3. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, OTHER THAN IN THE EVENT OF A FINDING OF GROSS NEGLIGENCE BY AN ALBERTA COURT, AUTO VALUE’S TOTAL LIABILITY TO YOU SHALL NOT UNDER ANY CIRCUMSTANCES EXCEED THE TOTAL AMOUNT OF ALL MONIES PAID BY YOU TO AUTO VALUES.
17.4. WITHOUT LIMITING AND IN ADDITION TO THE FOREGOING, NEITHER AUTO VALUE NOR ANY OF ITS AFFILIATES, LICENSORS, OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES, CONTRACTORS OR REPRESENTATIVES (COLLECTIVELY, THE "AUTO VALUE PROVIDERS") REPRESENT OR WARRANT (I) THAT THE SERVICES OR PRODUCTS PROVIDED BY AUTO VALUE WILL MEET YOUR REQUIREMENTS OR BE DEFAULT OR ERROR FREE; (II)THAT THE AUTO VALUE WEBSITE, MATERIALS OR PRODUCTS SOLD THROUGH THE AUTO VALUE WEBSITE WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, RESPONSIVE OR SECURE, (III) THAT THE WEBSITE IS FIT FOR A PARTICULAR PURPOSE OR (IV) THAT YOUR EXPERIENCE WITH AUTO VALUE’S PRODUCTS OR SERVICES WILL MEET YOUR INDIVIDUAL EXPECTATIONS.
18. Indemnification
18.1. YOU AGREE TO INDEMNIFY, DEFEND, RELEASE, AND HOLD HARMLESS AUTO VALUE, ITS PARTNERS, LICENSORS, AFFILIATES, CONTRACTORS, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “AUTO VALUE PARTIES”) FROM ALL DAMAGES, LOSSES AND EXPENSES ARISING DIRECTLY OR INDIRECTLY FROM (A) ANY NEGLIGENT ACTS, OMISSIONS OR WILLFUL MISCONDUCT BY YOU OR YOUR REPRESENTATIVES, INCLUDING, WITHOUT RESTRICTING THE GENERALITY OF THE FOREGOING, THE INTENTIONAL MISUSE OFTHE WEBSITE, APP, OR ANY OTHER WORK PRODUCED ON YOUR BEHALF BY AUTO VALUE (B) YOUR USE OF AUTO VALUE’S SERVICES OR PRODUCTS, (C) ANY BREACH OF THESE TERMS OF SERVICE BY YOU, (D) YOUR INTERACTIONS WITH ANY OTHER WEBSITE USERS AND/OR (E) YOUR VIOLATION OF ANY LAW OR OF ANY RIGHTS OF ANY THIRD PARTY.
18.2. AUTO VALUE RESERVES THE RIGHT, AT ITS OWN COST, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL FULLY COOPERATE WITH AUTO VALUE IN ASSERTING ANY AVAILABLE DEFENSES. YOU AGREE THAT THE PROVISIONS IN THIS SECTION WILL SURVIVE ANY TERMINATION OF YOUR ACCOUNT, THE TERMS OF SERVICE, OR YOUR ACCESS TO THE AUTO VALUE WEBSITE.
19. Auto Value’s Name and Address
Auto Value’s contact information for any end-user questions, complaints or claims with respect to Auto Value’s Website is info@autovalueparts.ca
20. Availability
20.1. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through the Website.Redistribution or republication of any par tof the Website or their content is prohibited, including by framing or any other means,without the express written consent of Auto Value.Auto Value does not warrant that your access to the Website will be uninterrupted, timely or error free, although it is provided to the best of our ability.
20.2. Auto Value makes every reasonable effort to ensure that the content on the Website (the“Content”) is complete and current. However, Auto Value does not warrant the quality, accuracy or completeness of Content on our Website. Such information is provided “as is” without warranty or condition of any kind and is provided with all faults and entirely at your sole risk as to quality, performance, accuracy and results. The Website may include inaccuracies, typographical errors, errors or omissions. Such errors, inaccuracies, typographical errors or omissions may relate to price or to product description or availability. In no event shall Auto Value be liable for any damages whatsoever, including special, indirect or consequential damages, arising out of or in connection with the use or performance of Content available on the Website.
20.3. The Website is operated and administered from our website host’s servers located in the USA. Auto Value makes no warranties or representations regarding the appropriateness or fitness for use of the Website in any other jurisdiction other than Canada. You are solely responsible for compliance with local laws when using the Website.
21. General
21.1. This Terms of Service will be governed by and construed in accordance with the laws of the Province of Alberta, without regard to any conflict of laws or rules or principles which might refer to the governance or construction of the Terms of Service to the laws of another jurisdiction. Any action by or against either party arising out of the Terms of Service or the execution or performance thereof shall only be brought before and settled by the court of the province of Alberta, Canada and to that effect the Parties herein elect domicile in the city and district of Calgary, Province of Alberta;
21.2. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply.
21.3. This Terms of Service, the Privacy Policy, and any document incorporate by reference herein contain the entire understanding of the parties hereto and supersede all prior understandings of the parties hereto relating to the subject matter hereof.
21.4. Failure of Auto Value to enforce any of the provisions set out in these Terms or failure to exercise any option to terminate shall not be construed as a waiver of such provisions and shall not affect the validity of these Terms or any part thereof, or the right thereafter to enforce each and every provision.
21.5. This Terms of Service is not to be assignable except as may be contemplated hereunder but will enure to the benefit of and be binding upon each of the parties and their respective successors and permitted assigns.
21.6. You acknowledge that the rights granted, and obligations made under this Agreement are of a unique and irreplaceable nature, the loss of which shall irreparably harm us, and which cannot be replaced by monetary damages alone, so that we shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation or exploitation of the Website or any advertising, content or other materials displayed or issued through or in connection with Auto Value.
21.7. Auto Value shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including without limitation any failure to perform hereunder due to unforeseen circumstances or causes beyond our control, such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, pestilence, pandemic, or shortages of transportation facilities, fuel, energy, labor or materials.
21.8. Not withstanding any other provisions of thisTermsof Service,you acknowledge and agree that Auto Value may obtain an injunction or other appropriate relief against you if you contravene or fail to comply with any provision of this Terms of Service in any way and you further agree that the provisions of this paragraph may be pleaded against you by way of estoppel or defence to a claim by you that an injunction or other appropriate relief should not be granted.
21.9. These Terms shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of Auto Value.
21.10. By using the Auto Value Website, purchasing any items through Auto Value, or using Auto Value’s services you acknowledge and agree that you (i) have had sufficient time to review and consider this Terms of Service thoroughly; (ii) have read and understand the terms, the nature, and the consequences of this Terms of Service and the obligations hereunder; (iii) have been given an opportunity to obtain independent legal advice concerning the interpretation and effect of this Terms of Service.
22. Notification of Changes
Auto Value reserves the right to change these Terms of Service from time to time as it sees fit and the continued use of the Website will signify your acceptance of any adjustment to these Terms. If there are any changes in how Auto Value uses its users’ information, notification by e-mail or postal mail will be made to those affected by this change. You are therefore advised to re-read this statement on a regular basis.
23. Arbitration
In the event of any dispute relating to or arising out of your use of the Website, such dispute shall be settled and determined by a single arbitrator in accordance with the Arbitration Act of Alberta. If you and Auto Value are unable to agree on an arbitrator within fifteen (15) days after Auto Value is made aware of the dispute, then the parties shall submit the matter to the ADR Institute of Alberta (or its successor), which shall choose the arbitrator. The decision of the arbitrator shall be final and binding without appeal on questions for law or fact or for any reason whatsoever. Costs of the arbitration shall be shared equally between you and Auto Value. In the event arbitration is not allowed by law, any other action must be brought only in the courts of Alberta, Canada.
ThisPrivacyPolicydescribesCentral Auto Parts Distributors Ltd.’s(operating from time to time as “Auto Value”) and itsaffiliates’policiesforcollecting,using, and disclosing your information. You can view Auto Value’s product service offerings (the “Service”), through our website www.autovalueparts.ca (the “Website”), by email, andthrough third parties. This Privacy Policy governs your access to the Auto Value Service, regardlessofhowyouaccessit,andbyusingourServicesyouconsenttothecollection,transfer, processing, storage, disclosure and other uses of user data, materials, content, and information (“Information”) described in this PrivacyPolicy.
Herein, “Auto Value” designates the Auto Value website, www.autovalueparts.caand the information systems that supports them.
Our Privacy Policy explains what Information we collect through the Website, why we collect it, and how we use that Information.ItisourpolicytorespecttheprivacyofourUsersregardinganyInformation that we may collect while using ourService.
1. Terms of thePolicy
1.1. It is Auto Value’s policy to comply with the privacy legislation within our jurisdiction. This Privacy Policy covers all activities subject to the provisions of Canada’s federal and Alberta’s provincial privacy laws, and other jurisdictions not otherwise specifically addressed by this Policy. The Auto Value Website is available internationally, and we ensure compliance with all applicable privacy legislation in your jurisdiction. Auto Value provides its services primarily to Canadian markets, and ensures its compliance with all applicable privacy legislation, including but not limited to, the secure storage of user data, disclosing the collection and use of its user data, and only using its users’ data for purposes associated with or ancillary to Auto Value’s Services.
1.2. The rights and obligations contained in this Privacy Policy may not be available to all individuals or in all jurisdictions. You may contact our Privacy Officer for more information on this Policy at info@autovalueparts.ca
1.3. Auto Value does not knowingly collect personally identifiable information from any person under the age of 13. In the case we discover that a child under 13 has provided us with personal information, we immediately delete this from our servers. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us so that we may remove their personal information.
1.4. In order to help Auto Value maintain and ensure that your personal information is accurate and up to date, you must inform us, without delay, of any change in the information you provided to Auto Value.
2. Personal Information
2.1. The personalinformationAuto Value collectsincludes:
· Your First and Last Name;
· Physical Address;
· Phone Number;
· Email Address;
· Username and Password information;
· Your shipping address; and
· any other information required in accordance with applicablelegislation.
(the “Data”)
2.2. Auto Value may collect personal information through the following means:
· Directly from you/the User;
· Through a User Account;
· Electronic Devices;
· Third Party Sources;
· Warranty Applications; and
· Product Return or Refund Requests
2.3. Auto Value does not collect personal health or medical information. Do not provide your personal health or medical information to Auto Value. Personal health information includes but is not limited to social security number, medical records, patient reports, medical test results, and any other information which would reasonably be identified as health-related in nature.
2.4. You must create a User Account to make purchases and product orders through the Website. Once your User Account is created, your Data may be used for purposes including but not limited to:
2.4.1. Fulfilling Product Orders;
2.4.2. Processing Refunds, Returns, or Exchanges;
2.4.3. Administering Promotions;
2.4.4. Managing your User Acccount;
2.4.5. Provide the Services through the Website;
2.4.6. Administer, bill, and collect funds in relation to your use of Website;
2.4.7. Protect against fraud or error;
2.4.8. Communicate with you to fulfill orders and ensure satisfaction;
2.4.9. Fulfill the terms of a warranty or agreement;
2.4.10. Facilitate a refund or reimbursement;
2.5. To help us monitor and improve the Website quality, we may collect your computer or mobile phone’s Internet Protocol (IP) address, browser type, the web page visited before you came to our websites, information you search for on the Website, locale preferences, transactions date and time, operating system information, as well as metadata concerning your Data such as software of origin and typology.
2.6. Auto Valuewillalwaysseekyourconsentbeforeoratthetimethatwecollectpersonal information. Auto Value may collect information about you from a third party if you have consented to thatthirdpartytoreleaseyourinformation, for example, for payment or credit card processing.Auto Valuemayalsoutilizetheservicesofthird parties and may receive personal information collected by those third parties in the course of the performance of the Services. Auto Value requires all third parties to provide confirmation that they are authorized to release yourinformation.
2.7. Auto Value is the sole and exclusive owner of the Data and will not sell, share, lease, or otherwise distribute or disclose the Data in any way other than as disclosed by this Policy. Data may be collected through multiple pages on the Website.
3. Cookies
3.1. To ensurethatoursiteisoptimizedforeaseofuse,weorourserviceprovider(s)mayuseCookies to collect standard information about your language preferences, when you visit the Site, your browser type and version, and other similar information. You can reset your browser to notify you when it has received a Cookie or refuse to accept Cookies. However, if you refuse to accept Cookies, you may limit your viewing and/or not be able to access all features on thesite.
3.2. Auto Value or its hosting providers may collect traffic information and information about your visit in a log file on a server. Log file information may include, but is not limited to, internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks. We or our hosting provider use this information to analyze trends, administer sites, track aggregations of users’ movements, and gather demographic information for aggregate use. IP addresses and other log file information are not connected to personally identifiable information.
3.3. Auto Value may also collect information from web beacons which indicate whether you visited a certain page on a website, opened a promotional email, or clicked on an online advertisement.
3.4. Auto Value may collect geographic location from your mobile device or IP number to determine the nearest store or suggest specific product shipping offerings.
3.5. This Website is not designed to recognize “Do Not Track” requests from web browsers.
4. Authorized Disclosure and Use
4.1. Auto Valuedisclosespersonally-identifyinginformation (“Personal Information”) onlytoitsemployees,contractors andaffiliatedorganizations and third partiesthatneedtoknowthatPersonal Informationtoprocessiton Auto Value's behalfortoprovidetheServices,andthathaveagreednottodiscloseitto others.Someofthose employees, contractors and affiliated organizations and third parties may be located outside of Canada and/or outside your jurisdiction. By using Auto Value’s Services, you consent to the disclosure of such information tothem for purposes including but not limited to:
4.1.1. Fulfilling product orders and deliveries;
4.1.2. Processing your payment;
4.1.3. Managing and administering to User Accounts;
4.1.4. Sending marketing and promotional communications;
4.1.5. Conducting feedback and customer surveys;
4.2. Auto Value may also use your Personal Information, specifically your contact information, including but not limited to your name and email address, with your consent for the following purposes:
4.2.1. to send you the Auto Value newsletter;
4.2.2. to inform you of Auto Value contests or surveys and provide associated notices and updates;
4.2.3. to inform you of special offers from Auto Value and its partners and select third parties and to provide associated notices and updates;
4.2.4. to inform you of updates to the Website and Services;
4.3. Your personal information may also be used and disclosed:
4.3.1. to comply with valid legalproceedings;
4.3.2. to respond to a complaint ordispute;
4.3.3. during an emergency situation where health or safety is atrisk;
4.3.4. to protect the rights ofAuto Value;
4.3.5. to prevent fraud or abuse of Auto Value or its customers;
4.3.6. to protect the safety of any individual from injury ordeath;
4.3.7. as required by our professional advisors;
4.3.8. where the personal information is publicly available;or
4.3.9. with your consent.
In such event, only the minimum amount of personal information required to fulfill the contemplated purpose will be disclosed.
4.4. Collected Information and Cookies may be used in aggregate form to assess how our Clients use our website, so that our partners may also understand how often people use ourServices.
4.5. Unless specifically requested in writing, your corporation name may be cited in our Clients list. When you contact Auto Value to obtain support, we may keep a record of your communication to help solve any issues you might be facing and reserve the right to publish it without any way to identify its origin, to help us support other Clients.
4.6. If we are involved in a merger, acquisition, or sale of all or a portion of our assets, your Data and Informationmaybetransferredaspartofthattransaction.Wewillnotifyyouviaemailanda notice on our websites of any change in control or use of your Data or Information. We will also notify you of choices you may have regarding the Data andInformation.
4.7. We mayshareaggregated,non-personallyidentifiableinformation publiclyandwithourpartners, such as publishers, advertisers or connected sites. For example, we may share information publicly to show trends about the general use of ourService. We may also share or resell anonymized, aggregate data collected through the Website to third parties. Auto Value will never disclose data which may personally identify you without your prior written consent.
4.8. You maychangeorwithdrawyourconsent, or update your Personal Information or Dataatanytime,subjecttolegalorcontractualobligations and reasonable notice by contacting our Privacy Officer in writing to info@autovalueparts.ca. Auto Value may terminate any services to you immediately if you withdraw your consent to the collection of Personal Information. Auto Value may require that you provide to us sufficient information to identify yourself before we comply with any request regarding Personal Information or Data stored by Auto Value. Auto Value will use all reasonable efforts to respond to user requests in a timely manner.
5. Retention of Data andInformation
5.1. You may change or update your privacy preferences through your User Account. This includes:
5.1.1. Updates to address and personal information;
5.1.2. Subscribe or unsubscribe to marketing and promotional communications; and
5.1.3. Suspend or deactivate your User Account;
5.2. Auto Valuewillretainyourinformationforaslongasneededtoprovideyou the Services. We use industry-standard encryption and security standards to protect your information. OnceyourUser Account is closed,yourDatawillbedeletedautomatically within30days.Ifyouwishtocancelyouraccount, you may request the account cancellation by contacting us at info@autovalueparts.ca
5.3. Auto Valuemayretainanduseyourinformationasnecessarytocomplywithourlegalobligations,resolve disputes, and enforce our agreements. Consistent with these requirements, we will endeavour to delete your information quickly upon request. Please note, however, that there might be latency in deleting information from our servers and backed-up versions might exist after deletion.
5.4. Auto Value will make every reasonable effort to respond to a written request relating to your Data within 30 days after receipt of such request.
5.5. If a specific purpose is stated on the Website for the collection of information from you, the information collected will only be stored and used for that stated purpose. Your information will not be used for any other purpose which is not stated explicitly on the Website.
5.6. Where Auto Value desires to transfer your personal information to a third party that is acting as our agent we may do so if we first either ascertain that the third party is subject to a written agreement requiring that the third party provide at least the same level of privacy protection as Auto Value. You may not hold us responsible if a third party to which we transfer such information processes it in a way contrary to any restrictions or representations, unless Auto Value knew or should have known that the third party would process it in such a contrary way and we have not taken reasonable steps to prevent or stop such processing.
5.7. Auto Value will not process personal information in a way that is incompatible with the purposes for which it has been collected or subsequently authorized by you. We generally assume that information that you give to us is accurate. If information you give to us is inconsistent with other information you give to us or with information that is available in public records or from other sources that Auto Value is permitted by law or agreement to use, Auto Value will use reasonable efforts to make sure that the information we process is accurate.
5.8. Auto Value may refuse to provide access to information to the extent that disclosure is likely to interfere with the safeguarding of important countervailing public interests, such as national security; defense; or public security. Other reasons for denying or limiting access are:
5.8.1. Interference with execution or enforcement of the law, including the prevention, investigation or detection of offenses or the right to a fair trial;
5.8.2. Interference with private causes of action, including the prevention, investigation, or detection of legal claims or the right to a fair trial;
5.8.3. Disclosure of personal information pertaining to other individual(s) where such references cannot be redacted;
5.8.4. Breaching a legal or other professional privilege or obligation;
5.8.5. Breaching the necessary confidentiality of future or ongoing negotiations, such as those involving the acquisition of publicly quoted companies;
5.8.6. Prejudicing employee security investigations or grievance proceedings;
5.8.7. Prejudicing the confidentiality that may be necessary for limited periods in connection with employee succession planning and corporate reorganizations;
5.8.8. Prejudicing the confidentiality that may be necessary in connection with monitoring, inspection or regulatory functions connected with sound economic or financial management; or
5.8.9. Other circumstances in which the burden or cost of providing access would be disproportionate or the legitimate rights or interests of others would be violated.
6. Third PartyApplications
6.1. Our PrivacyPolicydoesnotapplytoservicesofferedbyothercompaniesorindividuals,including products or sites that may be linked from our Services. Our Privacy Policy does not cover the information practices of other companies and organizations who advertise our services, and who may use cookies, pixel tags and other technologies to serve and offer relevantads.
6.2. We may share your information with a third party application with your consent, for example for payment processing. We accept no responsibility or liability in respect of any third party. Please refer to the privacy policies published on any third party sites which you may access through our site before submitting personal information to them.
7. Enforcement
We regularly review our compliance with our Privacy Policy. When we receive formal written complaints, we will contact the person who made the complaint to follow up. We work with the appropriate regulatory authorities to resolve any complaints regarding the transfer of Data and Information that we cannot resolve with our Clients directly.
8. Security
The security of your Data and Information is important to us. We follow the generally accepted standards held within our industry to protect the information submitted to us, both during transmission and once we receive it. We store our data on internal, external, and encrypted online servers, protected with firewalls, malware protection, and multiple backup points. However, no method of electronic transmission or storage is 100% secure. Therefore, we cannot and do not guarantee absolute security. Unless specific contractual arrangements are made with you, Auto Value may process your Data on a server located outside yourjurisdiction.
9. PrivacyOfficer
The Privacy Officer for Auto Value is Matthew Scrivens. Should you have any questions about this policy, including any complaints, you may contact our Privacy Officer at matt@centralautoparts.ca or by written notice delivered to 34 Highfield Circle SE, Calgary, Alberta, Canada T2G 5N5.
10. Costs
Auto Value reserves the right to charge a reasonable amount to respond to requests to produce transcripts, copies, or transfers of its Data. You will be notified prior to being assessed a charge for such services.
11. Changes to This PrivacyPolicy
OurPrivacyPolicymaychangefromtimetotime.WewillnotreduceyourrightsunderthisPrivacy Policy without your explicit approval. We will post any privacy policy changes on our websites and, if the changes are significant, we will provide a more prominent notice (including, forcertain services,emailnotificationofPrivacyPolicychanges).Wewillalsokeeparchivedversionsofthis Privacy Policy for yourreview. By using the Website you acknowledge and agree to this procedure.
12. Governing Law
This Privacy Policy is governed by the laws of the Province of Alberta and applicable laws of Canada and these laws apply to the use of the Services by you, notwithstanding your domicile, residency orphysicallocation.TheServicesareintendedforuseonlyinjurisdictions whereitmay lawfully be offered foruse.
13. Enforceability
If any term of this Privacy Policy is deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from this Privacy Policy and the remaining terms will continue toapply.
14. No Waiver
Failure of Auto Value to enforce any of the provisions set out in this Privacy Policy orfailuretoexerciseanyoptiontoterminateshallnotbe construedasawaiver of such provisions and shall not affect the validity of this Privacy Policy or any part thereof, or the right thereafter to enforce each and everyprovision.
15. Agreement to Terms ofPolicy
By using the Website and/or providing information to us, you accept and agree to the collection and use of your personal information for the purposes described here in above.
16. Arbitration
In the event of any dispute relating to or arising out of your use of the Privacy Policy, such dispute shall be settled and determined by a single arbitrator in accordance with the Arbitration Act of Alberta. If you and Auto Value are unable to agree on an arbitrator within fifteen (15) days after Auto Value is made aware of the dispute, then the parties shall submit the matter to the ADR Institute of Alberta (or is successor), which shall choose the arbitrator. The decision of the arbitrator shall be final and binding without appeal on questions for law or fact or for any reason whatsoever. Costs of the arbitration shall be shared equally between you and Auto Value. In the event arbitration is not allowed by law, any other action must be brought only in the courts of Alberta, Canada.
