PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE.
Your use of BuyPBL.com is expressly conditioned on your acceptance without modification of the following terms and conditions (the “Terms and Conditions”). By using BuyPBL.com, you signify your acceptance of these Terms and Conditions.
BuyPBL.com may, in its sole discretion and for any reason, modify, supplement or amend these Terms and Conditions without any notice or liability to you or any other person, by posting revised Terms and Conditions on the BuyPBL.com web site. Your continued use of the BuyPBL.com web site signifies your acceptance of such revised Terms and Conditions, so check back frequently to read the most recent version.
Ownership
The BuyPBL.com web site, its design, all text, graphics, content, video, audio and the selection and arrangement thereof are the property of BuyPBL.com, and/or its various subsidiaries, affiliates, BuyPBL.com, third party providers and distributors (“Third Parties”), and are protected under the copyright laws of Canada and other countries. None of the content found on BuyPBL.com may be reproduced, republished, distributed, displayed, sold, transferred, or modified without the express written permission of BuyPBL.com and/or the applicable Third Parties.
BuyPBL.com and all other BuyPBL.com related trademarks and design marks displayed on BuyPBL.com (collectively, the “Trademarks”) are registered and common law trademarks of BuyPBL.com. Other trademarks and design marks appearing on this web site are trademarks of their respective owners. Nothing contained on BuyPBL.com should be construed as granting, by implication or otherwise, any license or right to use any trademarks, including the Trademarks, except with the express written permission of BuyPBL.com or such other party that may own the applicable trademarks.
Use of site
Neither the BuyPBL.com web site nor its content may be, in whole or in part, copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of BuyPBL.com, except that you may download, display and print the content presented on BuyPBL.com for your personal, non-commercial use only. Unauthorized use of BuyPBL.com and/or the content contained on BuyPBL.com may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained within the content on this web site. The use of such content on any other web site or in any environment of networked computers is prohibited.
You are prohibited from contributing, posting or transmitting to this web site any infringing, unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane content or any content that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law.
The BuyPBL.com website is not intended for use by children under the age of 13. Use of the BuyPBL.com website is void where prohibited by applicable law.
In its sole discretion, in addition to any other rights or remedies available to BuyPBL.com and without any liability whatsoever, BuyPBL.com at any time and without notice may terminate or restrict your access to any component of buypbl.com.
User name and password
Your BuyPBL.com website account may be accessed only by use of your login name and password. You are solely responsible and liable for any use and misuse of your login name and password and for all activities that occur under your login name and password. For security reasons, you must keep your login name and password confidential and not disclose them to any person or permit any other person to use them, except an authorized BuyPBL.com representative. BuyPBL.com recommends that you choose a password that is unique to you and not easily guessed by others. You should change your password on a regular basis, and you must log out at the end of each session.
All login names and passwords remain the property of BuyPBL.com, and may be cancelled or suspended at any time by BuyPBL.com without any notice or liability to you or any other person. BuyPBL.com is not under any obligation to verify the actual identity or authority of the user of any login name or password.
You must immediately notify BuyPBL.com of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised.
Privacy
You have read the BuyPBL.com Privacy Policy, the terms of which appear on BuyPBL.com and are incorporated into these Terms and Conditions, and agree that the terms of such policy are reasonable. You consent to the collection, use and disclosure of your personal information by BuyPBL.com and/or Third Parties in accordance with the terms of and for the purposes set forth in the PBL Action Sports Privacy Policy.
Feedback
BuyPBL.com enables visitors to BuyPBL.com to provide BuyPBL.com with feedback by email or otherwise (“Customer Content”). If you provide Customer Content you grant BuyPBL.com a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, delete, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Customer Content throughout the world in any media, now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence and you waive any and all moral rights in the Customer Content. You also grant BuyPBL.com the right to use the name you submit with the Customer Content, if any, in connection with BuyPBL.com’s rights hereunder.
Pricing policy
BuyPBL.com has attempted to match online prices to those in store; however online prices, product and service selection and availability, and sale effective dates may differ from those in store and may vary by geographic region. Due to differences in sale effective dates across the country, items may be available online at the sale price before they are available in store. Dealers are under no obligation to make promotional products available, or to match online prices until the sale begins in their region. Market conditions and competitive pressures may cause prices and availability to change without further notice. BuyPBL.com Associate Dealers may sell for less. Additionally, although great care is taken in the production of the BuyPBL.com web site, typographical, illustrative or pricing errors may occur. We reserve the right to correct errors at any time
All prices quoted are payable in Canadian Dollars and, unless otherwise stated, do not include GST, PST, QST or HST.
For Gift Card purchases, prices quoted are payable in Canadian Dollars and, unless otherwise stated, do not include shipping charges. Please see BuyPBL.com’s Shipping Policy for shipping and handling of Gift Card purchases.
The e-FLYER and BuyPBL.com each offer limited-time sales values, special buys and items at BuyPBL.com ‘s everyday low price. Regular prices shown are the prices at which the products have been sold by BuyPBL.com as of the date of issuance indicated. A correctly completed Review and Submit page delivered by you to BuyPBL.com constitutes your offer to purchase items listed in your order. Your order shall be deemed to be accepted only at the point when BuyPBL.com sends a shipping confirmation email to the email address you provided. If you would like to change your order, call Customer Service toll-free at 1-888-595-5993. Please have your order number ready when you place your call. Do not email us with a request, as emails may not be processed in sufficient time to effect a change to an order during high volume periods.
All advertisements on the BuyPBL.com website are merely invitations for you to purchase goods or services from a BuyPBL.com Associate Store, and are not offers to sell by BuyPBL.com.
BuyPBL.com reserves the right to limit quantities; reject, correct, cancel or refuse orders, and to terminate accounts, in its discretion, including, without limitation, if BuyPBL.com believes that customer conduct violates applicable law or is harmful to the interests of BuyPBL.com or any Third Parties.
Liablity disclaimer
Except as explicitly provided in these Terms and Conditions as amended from time to time, BuyPBL.com and the Third Parties make no representations or warranties of any kind, express or implied, regarding BuyPBL.com and/or any content provided on BuyPBL.com, all of which are provided on an “as is” and “as available” basis. BuyPBL.com and the Third Parties do not warrant the accuracy, completeness, currency, reliability or suitability of the operation of BuyPBL.com, or any of the content or data found on BuyPBL.com, and expressly disclaim all warranties and conditions in respect of BuyPBL.com, its content or data, including implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade.
BuyPBL.com and the Third Parties are not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications.
BuyPBL.com and the Third Parties assume no responsibility, and shall not be liable for, any damages to, or any viruses affecting your computer equipment or other property on account of your access to, use of, or browsing on BuyPBL.com or your downloading of any materials, data, text, images, video or audio from buypbl.com.
In no event shall BuyPBL.com or any of the Third Parties be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, direct, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with any use of BuyPBL.com or content found herein, the operation of the web site, or any failure or delay in the operation of the website (including, but not limited to the inability to use any component of BuyPBL.com for purchases) even if advised of the possibility of damages.
Maximum liability
If, notwithstanding the foregoing, BuyPBL.com or any of the Third Parties should be found liable for any loss or damage which arises out of or is in any way connected with any of the functions or uses of BuyPBL.com or its content, the liability of BuyPBL.com and the Third Parties shall in no event exceed in the aggregate $250 CAD.
Indemnification
You shall indemnify and save harmless BuyPBL.com and the Third Parties and their respective officers, directors, employees, consultants, representatives and agents from and against any claim, cause of action or demand, including without limitation reasonable legal, accounting and other professional fees, brought as a result of your use of BuyPBL.com.
Links
The BuyPBL.com web site contains links to web sites owned or operated by other entities which are not associated or affiliated with BuyPBL.com or the Third Parties. These links are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by BuyPBL.com or the Third Parties of the linked web site or information contained therein or of their security or privacy practices. BuyPBL.com and the Third Parties shall not be responsible for the content of any other linked web sites and makes no representation or warranty regarding any other web sites or the contents on such web sites. If you decide to access other web sites, you do so at your own risk. Framing of the BuyPBL.com web site or any of its content in any form and by any method is strictly prohibited.
Relationships
The relationship between BuyPBL.com and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of these Terms and Conditions or your use of BuyPBL.com.
Governing laws
This Agreement and its performance shall be governed by the laws of the Province of Quebec, Canada. You consent and submit to the exclusive jurisdiction of the courts located in the City of Montreal, in the Province of Quebec, Canada, in all disputes arising out of or relating to the use of BuyPBL.com and these Terms and Conditions.
Additional terms
Additional terms and conditions apply to purchases of products and services. Additional terms and conditions may also apply to specific web site functions available on BuyPBL.com.
Severability
These Terms and Conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
Headings
The headings used in these Terms and Conditions are included for convenience only and will not limit or otherwise affect these Terms and Conditions.
Entire agreement
These Terms and Conditions, together with those incorporated or referred to herein, constitute the entire agreement between us relating to the subject matter hereof, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except by BuyPBL.com as set forth above.
English language
The parties have requested that these Terms and Conditions and all documents contemplated hereby be drawn up in English. Les parties aux présentes ont exigé que cette entente et tous autres documents envisagés par les présentes soient rédigés en anglais.
Privacy & Security
Policy on Privacy of Customer Personal Information
BuyPBL.com is committed to protecting the privacy and security of your personal information obtained by reason of your customer relationship with BuyPBL.com. This policy explains the types of customer personal information we collect, how it is used, and the steps we take to ensure your personal information is handled appropriately.
Our policies and practices have been designed to comply with the Personal Information Protection and Electronic Documents Act (PIPEDA) and corresponding provincial privacy acts.
What is personal information?
Personal information is information that refers to an individual specifically and is recorded in any form. Personal information includes such things as age, income, date of birth, ethnic origin, medical records and credit records. Information about individuals contained in the following documents is not considered personal information:
- public telephone directories, where the subscriber can refuse to be listed,
- professional and business directories available to the public,
- certain public registries and court records,
- certain other publicly available printed and electronic publications.
Our commitment to your privacy is governed by the following privacy principles:
We are accountable to you
BuyPBL.com is responsible for all personal information under its control, including any personal information that is transferred to third parties for processing, storage or other purposes. We have employees in each of our business units who are accountable for compliance with these privacy and security principles.
We let you know why we collect your personal information
BuyPBL.com identifies the purpose for which your personal information is collected. We do this before or at the time the information is actually being collected.
We obtain your consent to collect, use or disclose your personal information
BuyPBL.com obtains your consent to collect, use or disclose personal information. The method of obtaining consent is appropriate to the type of personal information being collected, used or disclosed:
- BuyPBL.com will obtain your express consent (verbal, written or electronic agreement) to collect, use or disclose sensitive personal information such as medical data or personal financial information.
- BuyPBL.com will use implied consent to collect, use or disclose your personal information where one or more of the following apply:
- a customer relationship already exists,
- express consent has previously been given,
- where the purpose of using the personal information is reasonably apparent to you.
You can change your consent preferences at any time by contacting BuyPBL.com’s Customer Relations Centre who can help direct the call to the appropriate department within BuyPBL.com. To change your preferences, please contact us.
We limit collection of your personal information
BuyPBL.com collects only the information required to provide products and services to you. If the personal information we require is collected for a reason other than to provide products and services, your consent will be obtained before or at the time the information is collected. BuyPBL.com will collect personal information only by clear, fair and lawful means.
Examples of why we collect personal information include:
- Communicating with you generally
- Processing your applications
- Processing and keeping track of transactions and reporting back to you
- Protecting against fraud or error
- Providing product and services requested by you
- Recommending products and services that BuyPBL.com believes will be of interest and provide value to you
- To comply with legal and governmental requirements
We limit use, disclosure and retention of your personal information
BuyPBL.com uses and discloses your personal information only for the purposes it was collected. BuyPBL.com does not sell or rent personal information to any organization or person for any reason.
We do not share your personal information with third party organizations except to offer you a product or service. If your personal information is shared with third parties, these third parties are bound by appropriate agreements with BuyPBL.com to secure and protect the confidentiality of your personal information.
BuyPBL.com retains your personal information only as long as it is required for our business relationship or as required by federal and provincial laws.
We keep your personal information up to date and accurate
BuyPBL.com keeps your personal information up to date, accurate and relevant for its intended use.
You may request access to the personal information we have on record in order to review and amend the information, as appropriate. In circumstances where your personal information has been provided by a third party, we will refer you to that party (e.g. credit bureaus). To access your personal information, please contact us.
The security of your personal information is a priority for BuyPBL.com
We take steps to safeguard your personal information, regardless of the format in which it is held, including:
- physical security measures such as restricted access facilities and locked filing cabinets,
- electronic security measures for computerized personal information such as password protection, database encryption and personal identification numbers,
- organizational processes such as limiting access to your personal information to a selected group of individuals,
- contractual obligations with third parties who need access to your personal information requiring them to protect and secure your personal information.
We are open about our privacy and security policy
We are committed to providing you with understandable and easily available information about our policy and practices related to management of your personal information. This policy and any related information is available at all times on our web site, www.buypbl.com under Privacy and Security or on request. To contact us, refer to the www.buypbl.com
We provide access to your personal information stored by BuyPBL.com
You can request access to your personal information stored by BuyPBL.com. To contact us, [email protected] . Upon receiving such a request, BuyPBL.com will:
- Inform you about what type of personal information we have on record or in our control, how it is used and to whom it may have been disclosed
- Provide you with access to your information so you can review and verify the accuracy and completeness and request changes to the information
- Make any necessary updates to your personal information.
We respond to your questions, concerns and complaints about privacy
BuyPBL.com responds in a timely manner to your questions, concerns and complaints about the privacy of your personal information and our privacy policies and procedures.
How to contact us
- by calling our Customer Relations Centre at 1-888-595-5993
- by email at [email protected]
- by mail to BuyPBL.com Customer Relations, 7155 Transcanada West, St-Laurent, Quebec, H4T 1A2
If your questions, concerns and complaints have not been resolved to your satisfaction or if you have further questions, you can contact BuyPBL.com by mail at Customer Relations, 7155 Transcanada West, St-Laurent, Quebec, H4T 1A2