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Beachcomber Website

Terms & Conditions


Copyrights


This Site and the materials are the property of EMC ("EMC Business Solutions LLP") and its licensors, and are protected by copyright, international treaties, and other laws.

Use License


Beachcomber Hot Tubs ("Beachcomber") and EMC Business Solutions LLP jointly grant you permission to view this Site and to print individual pages from this Site for your own personal, noncommercial use, provided that you agree to and accept without modification the notices, terms and conditions set forth in this agreement. You may not modify, copy (except as set forth in the preceding sentence), distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, material, software, products or services from this Site. Your use of this Site constitutes your agreement and acceptance without modification of the notices, terms and conditions set forth herein. In addition, as a condition of your use of this Site, you represent and warrant to Beachcomber that you will not use this Site for any purpose that is unlawful, immoral or prohibited by these terms, conditions and notices. If you do not agree and accept without modification the notices, terms and conditions set forth herein, do not use this Site. Other than this agreement and agreements between you and Beachcomber relating to the sale of products or services (collectively, "Products"), Beachcomber will not enter into any agreement with you or obligation to you through this Site and no attempt to create such an agreement or obligation will be effective.

TRADEMARKS


The trademarks, service marks and logos (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of Beachcomber Hot Tubs Inc.(Beachcomber), EMC Business Solutions LLP. (EMC) and others. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site, without the prior written permission of the Trademark owner. EMC and Beachcomber aggressively enforce their intellectual property rights to the fullest extent of the law. The name “Beachcomber,” “Beachcomber Hot Tubs” as well as the Beachcomber logo or the other Beachcomber formatives may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this any Site, without prior, written permission from EMC. EMC prohibits use of the Beachcomber logo as part of a link to or from any site unless the establishment of such a link is approved in advance by EMC in writing. Fair use of trademarks either owned by EMC or licensed to EMC requires proper acknowledgement. Other product and company names mentioned in this Site may be the Trademarks of their respective owners.

LINKS TO THIRD PARTY SITES


This Site may contain links to Sites owned or operated by parties other than EMC Business Solutions LLP or Beachcomber. Such links are provided for your reference only. Beachcomber does not control outside Sites and is not responsible for their content nor their conformity to applicable laws. Beachcomber's inclusion of links to an outside Site does not imply any endorsement of the material on the Site or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does Beachcomber's inclusion of the links imply that Beachcomber is authorised to use any trade name, trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the linked Site.

PRODUCTS


This Site displays products available for purchase in Canada, however not all products are available at all times and products may be changed, substituted or discontinued at any time. Beachcomber attempts to provide an accurate description of the products available for sale, but does not warrant the accuracy, completeness, reliability or currency of such descriptions. Certain products may be the subject of third-party warranties offered by its manufacturers or providers. Warranty information regarding products is available to you by calling 1-866-568-0668. Additional terms and conditions applicable to your online purchases are provided to you on the Site as you order products, prior to completing your purchase.

PRODUCT ORDERS


While we use our best efforts to fulfill all orders, Beachcomber and EMC Business Solutions LLP cannot guarantee the availability of any particular product displayed on this Site. Beachcomber reserves the right to discontinue the sale of any product listed on this Site at any time without notice.

Product prices offered on this Site may vary from other advertised prices due to varying conditions in different geographic markets.

The prices displayed on this Site are quoted in CDN respectively and are valid and effective only within Canada and such prices do not include shipping and handling (unless otherwise indicated) or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and taxes that may apply to your order.

While our goal is an error-free site, we do not guarantee that any content is 100% accurate or complete, including price information and product specifications. If we discover price errors, they will be corrected on our systems, and the corrected price will apply to your order. Beachcomber reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted and accepted).

For further information about purchasing products from Beachcomber, please read our Shipping Policy, Returns & Exchange Policy, and Privacy Policy carefully.

NO WARRANTIES; EXCLUSION OF LIABILITY


BEACHCOMBER HOT TUBS AND EMC BUSINESS SOLUTIONS LLP MAKE NO REPRESENTATION ABOUT THE SUITABILITY OF THE MATERIALS OR PRODUCTS ON THIS SITE FOR ANY PURPOSE. ALL SUCH MATERIALS AND PRODUCTS ARE PROVIDED BY BEACHCOMBER "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. BEACHCOMBER HOT TUBS AND EMC BUSINESS SOLUTIONS LLP SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH RESPECT TO THE MATERIALS AND PRODUCTS ON THIS SITE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NEITHER BEACHCOMBER HOT TUBS AND EMC BUSINESS SOLUTIONS LLP SHALL HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE MATERIALS ON THIS SITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS SITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS SITE. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. IN NO EVENT SHALL EITHER BEACHCOMBER HOT TUBS AND EMC BUSINESS SOLUTIONS LLP, ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE MATERIALS OR PRODUCTS ON THIS SITE, THE DELAY OR INABILITY TO USE THIS SITE OR OTHERWISE ARISING IN CONNECTION WITH THIS SITE, WHETHER BASED ON CONTRACT, TORT, DELICT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

General


You agree that this agreement and your use of this Site are governed by the laws of the Province of British Columbia and the laws of Canada applicable therein. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organisations in Vancouver, British Columbia, Canada in all disputes: (a) arising out of, relating to, or concerning this Site and/or this agreement, (b) in which this Site and/or this agreement is an issue or a material fact, or (c) in which this Site and/or this agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organisation. This Site is made available to residents of Canada only. Use of this Site in any other jurisdiction is unauthorised. Beachcomber has endeavoured to comply with all legal requirements known to it in creating and maintaining this Site, but makes no representation that materials or Products on this Site are appropriate or available for use in any particular jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this agreement is at your own risk and, if any part of this agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use. With the prior agreement of Beachcomber, any claim, dispute or controversy arising out of, relating to or concerning this Site and/or this agreement shall be decided by binding arbitration in accordance with the Arbitration Act, 1991 and any such arbitration proceedings shall be brought and held in Vancouver, British Columbia. The decisions of the arbitrators shall be binding and conclusive upon all parties involved and judgement upon any award of the arbitrators may be entered by any court having competent jurisdiction. This provision shall be specifically enforceable in any court of competent jurisdiction. You agree that Beachcomber Hot Tubs may at any time and without notice change the terms, conditions and notices under which this Site is offered. You agree that no joint venture, partnership, employment or agency relationship exists between you and Beachcomber as a result of this agreement or your use of this Site. Beachcomber Hot Tub’s performance of this agreement is subject to existing laws and legal process and nothing contained in this agreement is in derogation of Beachcomber Hot Tub’s right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by Beachcomber Hot Tubs with respect to such use. This agreement, the privacy statement, and terms of sale presented to you in connection with your transaction constitute the entire agreement between you and Beachcomber and EMC Business Solutions LLP with respect to this Site. This agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Beachcomber Hot Tubs with respect to this Site. No modification of this agreement shall be effective unless it is authored by Beachcomber Hot tubs and/or EMC Business Solutions LLP. or its affiliates, or unless it is physically signed in blue ink by a EMC Business Solutions LLP officer. Any alleged waiver of any breach of this agreement shall not be deemed to be a waiver of any future breach.

Copyright © 2017. EMC Business Solutions LLP. All Rights Reserved.

* Beachcomber Hot Tubs and EMC Business Solutions LLP family of trademarks are registered trademarks.