Terms & Conditions

WEBSITE TERMS AND CONDITIONS 

Last Updated: April 3rd, 2018
  
9449612 CANADA INC. doing business as Westmount Waterworks (hereafter "Westmount Waterworks")
 
Introduction
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
You must be at least 18 years of age to use this website. By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.

License To Use Website
Unless otherwise stated, 9449612 CANADA INC. (Westmount Waterworks) and/or its licensors own the intellectual property rights in the website and material on the website, including but not limited to trade-names, trade-marks, patents, logos, images, processes, and phrases. Subject to the license below, all these intellectual property rights are reserved.
You may view pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
 
You must not:
  • Republish any material from this website (including republication on another website);
  • Sell, rent or sub-license material, including but not limited to copyrights, trade-marks, trade-names, and any moral rights from the website;
  • Show any material from the website in public;
  • Reproduce, duplicate, copy or otherwise exploit material on this website for personal and/or commercial purpose;
  • Edit or otherwise modify any material on the website; or
  • Redistribute any material from this website.

Trademark(s) & License
WESTMOUNT and WESTMOUNT WATERWORKS are registered trademarks of 10069701 Canada Inc. and are used under license by  9449612 CANADA INC.

      Acceptable Use
      You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose, person, or activity.
      You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
      You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without 9449612 CANADA INC. (Westmount Waterworks) prior express written consent.
      You must not use this website to transmit or send unsolicited commercial communications.
      You must not use this website for any purposes related to marketing without 9449612 CANADA INC.’s prior express written consent.

      Restricted Access
      Access to certain areas of this website is restricted. 9449612 CANADA INC. (Westmount Waterworks) reserves the right to restrict access to any areas of this website, or indeed this entire website, at 9449612 CANADA INC. (Westmount Waterworks) discretion.
      If 9449612 CANADA INC. (Westmount Waterworks) provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
      9449612 CANADA INC. (Westmount Waterworks) may disable your user ID and password at Westmount Waterworks sole discretion without notice or explanation.
      User content
      In these terms and conditions, “your user content” means material (including without limitation name, address, phone, fax, e-mail, other text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
      You grant to Westmount Waterworks a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to 9449612 CANADA INC. (Westmount Waterworks) the right to sub-license these rights, and the right to bring an action for infringement of these rights.
      Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or 9449612 CANADA INC. (Westmount Waterworks) or a third party (in each case under any applicable law).
      You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
      9449612 CANADA INC. (Westmount Waterworks) reserves the right to edit or remove any material submitted to this website, or stored on Westmount Waterworks servers, or hosted or published upon this website.
      Not withstanding 9449612 CANADA INC. (Westmount Waterworks) rights under these terms and conditions in relation to user content, 9449612 CANADA INC. (Westmount Waterworks) does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

      No warranties
      This website is provided “as is” without any representations or warranties, express or implied. Westmount Waterworks makes no representations or warranties in relation to this website or the information and materials provided on this website.
      Without prejudice to the generality of the foregoing paragraph, 9449612 CANADA INC. (Westmount Waterworks) does not warrant that:
      • this website will be constantly available, or available at all; or
      • the information on this website is complete, true, accurate or non-misleading.
      Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

      Limitations of liability
      9449612 CANADA INC. (Westmount Waterworks) will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
      • to the extent that the website is provided free-of-charge, for any direct loss;
      • for any indirect, special or consequential loss; or
      • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
      These limitations of liability apply even if 9449612 CANADA INC. (Westmount Waterworks) has been expressly advised of the potential loss.

      Exceptions
      Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit 9449612 CANADA INC. (Westmount Waterworks) liability in respect of any:
      • death or personal injury caused by 9449612 CANADA INC. (Westmount Waterworks) negligence;
      • fraud or fraudulent misrepresentation on the part of 9449612 CANADA INC. (Westmount Waterworks); or
      • matter which it would be illegal or unlawful for 9449612 CANADA INC. (Westmount Waterworks) to exclude or limit, or to attempt or purport to exclude or limit, its liability.

      Third Party Links
      9449612 CANADA INC. (Westmount Waterworks) shall not be held responsible for any content posted under third party links, regardless of its intended use, and the user hereby waives any such right of claim in connection with such links. 9449612 CANADA INC. (Westmount Waterworks) does not know whether or not such content is age appropriate, and when and if the content of such links may have changed into content we do not agree with and/ or into content we cannot endorse. We can only try to assure that all links are up-to-date, but we cannot guarantee this, and shall consequently not be held liable for it.

      Ownership of copyright and related intellectual property
      The copyright and other related intellectual property in this website and the material on this website (including without limitation the text, computer code, artwork, photographs, images, music, audio material, video material and audio-visual material on this website) is owned by 9449612 CANADA INC. (Westmount Waterworks) and its licensors.

      Copyright license
      9449612 CANADA INC. (Westmount Waterworks) grants to you a limited worldwide non-exclusive royalty-free revocable license to:
      • View this website and the material on this website on a computer or mobile device via a web browser;
      9449612 CANADA INC. (Westmount Waterworks) does not grant you any other rights in relation to this website or the material on this website. In other words, all other rights are reserved.
      For the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast or show or play in public this website or the material on this website (in any form or media) without 9449612 CANADA INC. (Westmount Waterworks) prior written permission.

      Data mining
      The automated and/or systematic collection of data from this website is prohibited.

      Permissions
      You may request a permission to use the copyright materials on this website by writing to care@Westmountwaterworks.com or 9449612 CANADA INC. (Westmount Waterworks). It shall be upon 9449612 CANADA INC. (Westmount Waterworks) sole discretion to grant such permission. Failure to provide a response to your request shall in no event be construed to be, or considered a permission of use, or license in any way whatsoever.
       
      Enforcement of copyright and intellectual property
      9449612 CANADA INC. (Westmount Waterworks) and its licensors take the protection of its copyright and other related Intellectual Property (IP) very seriously.
      If 9449612 CANADA INC. (Westmount Waterworks) discovers that you have used its copyright materials or related IPs in contravention of the license above, 9449612 CANADA INC. (Westmount Waterworks) may bring legal proceedings against you seeking significant monetary damages and an injunction to stop you using those materials. You could also be ordered to pay legal costs.
      If you become aware of any use of 9449612 CANADA INC. (Westmount Waterworks) copyright materials that contravenes or may contravene the license above, please report this by email to care@Westmountwaterworks.com or by post to 9449612 CANADA INC. (Westmount Waterworks).

      Infringing material
      If you become aware of any material on the website that you believe infringes your or any other person’s copyright, please report this by email to care@Westmountwaterworks.com or by post to 9449612 CANADA INC. (Westmount Waterworks).

      Privacy Statement
      Your privacy is important to 9449612 CANADA INC. (Westmount Waterworks). This privacy statement provides information about the personal information that 9449612 CANADA INC. (Westmount Waterworks) collects, and the ways in which 9449612 CANADA INC. (Westmount Waterworks) uses that personal information.

      Collection and use of personal information
      9449612 CANADA INC. (Westmount Waterworks) may collect and use your personal information to:
      • Administer this website;
      • Personalize the website for you;
      • Enable your access to and use of the website services;
      • Publish information about you on the website;
      • Send to you products that you purchase;
      • Supply to you services that you purchase;
      • Send to you statements and invoices;
      • Collect payments from you; and
      • Send you marketing communications.
      Where 9449612 CANADA INC. (Westmount Waterworks) discloses your personal information to its agents or sub-contractors for these purposes, the agent or sub-contractor in question will be obligated to use that personal information in accordance with the terms of this privacy statement.
      In addition to the disclosures reasonably necessary for the purposes identified elsewhere above, 9449612 CANADA INC. (Westmount Waterworks) may disclose your personal information to the extent that it is required to do so by law, in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend its legal rights.

      Securing your data
      9449612 CANADA INC. (Westmount Waterworks) will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.
      9449612 CANADA INC. (Westmount Waterworks) will store all the personal information you provide.

      Cross-border data transfers
      Information that 9449612 CANADA INC. (Westmount Waterworks) collects may be stored and processed in and transferred between any of the countries in which 9449612 CANADA INC. (Westmount Waterworks) operates to enable the use of the information in accordance with this privacy policy.
      [In addition, personal information that you submit for publication on the website will be published on the Internet and may be available around the world.]
      You agree to such cross-border transfers of personal information.

      Updating this statement
      9449612 CANADA INC. (Westmount Waterworks) may update this privacy policy by posting a new version on this website without prior notice.
      You should check this page occasionally to ensure you are familiar with any changes.

      Other websites
      This website contains links to other websites.
      9449612 CANADA INC. (Westmount Waterworks) is not responsible for the privacy policies or practices of any third party.

      Contact Westmount Waterworks
      If you have any questions about this privacy policy or 9449612 CANADA INC. (Westmount Waterworks) treatment of your personal information, please write:
      • by email: care@westmountwaterworks.com; or
      • by post: 9449612 CANADA INC. Attn: Westmount Waterworks Customer Service, 4944 Decarie, #94, Montreal, Quebec H3X 2H7, Canada.

      Reasonableness
      By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
      If you do not think they are reasonable, you must not use this website, and exit right away.


      Terms & Conditions For BOGO Offer, Free Faucet Offer

      Buy One (1) Get One (1) Free* Limited Time Offer, hereby known as “BOGO”

      OFFER DETAILS
      • Offer Subject To Availability While Stock Lasts 
      • Buy one advertised online Kitchen Faucet and receive one advertised online Bathroom Faucet for Free (as per current online BOGO offer at westmountwaterworks.com);
      • The BOGO offer is only valid for orders purchased online through the westmountwaterworks.com website;
      • This BOGO offer is only for valid for customers (and shipping addresses) within the Continental United States and does not apply to any other country or region;
      • This BOGO offer is not redeemable for cash or cash equivalents;
      • This BOGO offer is not valid on past or pre-ordered purchases;
      • This BOGO offer is only valid for qualifying faucets, which styles may vary from time to time without prior notice. Please refer to westmountwaterworks.com for our current offer;
      • This Offer is only valid while advertised on-line at westmountwaterworks.com;
      • Westmountwaterworks.com reserves the right to modify, discontinue or cancel this promotion at any time without prior notice
      • This BOGO offer is not valid in conjunction with any other offers or promotions; 
      • This BOGO offer is void where prohibited by law; 
      • All prices are in USD;
      • Additional restriction may apply;
      SHIPPING
      • If a customer returns any of the items within the BOGO offer, they must also return the FREE item. No returns or refunds will be granted or processed on partial returns;
      • Free shipping to customers inside Continental USA;
      • Purchased and FREE faucets ship together and must be delivered to the same end user/postal address;
      • All orders are shipped via Ground and require a valid postal address;
      • Westmount Waterworks.com is not responsible for delays after the shipment is provided to the carrier;
      RETURNS
      • A valid Proof of Purchase is required for all returns;
      • Returns must be made with 30 days after the purchase date;
      • Return shipping for BOGO offer is at customers’ expense;
      • Returns are only valid for unused items, and must include original packaging deemed to be (at westmountwaterworks.com discretion) in good condition;
      • Refunds will be issued to the same method of payment as original purchase (credit card purchases will be credited to the original credit card used for the initial purchase)
      • Returns will not be accepted on used, previously installed, or damaged faucets;
      • Westmountwaterworks.com reserves the right to refuse any return or exchange at their discretion;
      • Once approved, returns can be sent to
      Westmount Waterworks
      PO Box 23
      Champlain, NY
      12919, USA
       
      Other parties
      You accept that, as a limited liability entity, 9449612 CANADA INC. (Westmount Waterworks) has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against 9449612 CANADA INC. (Westmount Waterworks) officers or employees in respect of any losses you suffer in connection with the website.
      Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect 9449612 CANADA INC. (Westmount Waterworks) officers, employees, agents, subsidiaries, successors, assigns and sub-contractors.

      Unenforceable provisions
      If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

      Indemnity
      You hereby indemnify 9449612 CANADA INC. (Westmount Waterworks) and undertake to keep 9449612 CANADA INC. (Westmount Waterworks) indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by 9449612 CANADA INC. (Westmount Waterworks) to a third party in settlement of a claim or dispute on the advice of 9449612 CANADA INC. (Westmount Waterworks) legal advisers) incurred or suffered by Westmount Waterworks arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

      Breaches of these terms and conditions
      Without prejudice to 9449612 CANADA INC. (Westmount Waterworks) other rights under these terms and conditions, if you breach these terms and conditions in any way, 9449612 CANADA INC. (Westmount Waterworks) may take such action as 9449612 CANADA INC. (Westmount Waterworks) deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

      Variation
      9449612 CANADA INC. (Westmount Waterworks) may revise these terms and conditions from time-to-time and without notice. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

      Assignment
      9449612 CANADA INC. (Westmount Waterworks) may transfer, sub-contract or otherwise deal with 9449612 CANADA INC. (Westmount Waterworks) rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
      You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

      Severability
      If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

      Entire Agreement
      These terms and conditions, together with the Terms & Conditions of the Sales Agreement, if applicable, constitute the entire agreement between you and 9449612 CANADA INC. (Westmount Waterworks) in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

      Law and Jurisdiction
      These terms and conditions will be governed by and construed in accordance with the Federal laws of Canada, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Montreal, QC, Canada. The use of this website in the province of Quebec is hereby specifically not permitted.

                                                Definition of Free Shipping
       
      Free Shipping is defined as shipping TO the customer only (From Westmount Waterworks to the Customer). Free Shipping does not include shipping on returns. Return shipping is paid for by the customer only.  
      _______________________________________________________________________
                                                Return Shipping
      Only product(s) that say that they are eligible for Free Returns on the product detail page are eligible for Free Returns. Free Returns only applies to product(s) fulfilled by Westmount Waterworks. It does not apply to the same product(s) fulfilled by other sellers;
      _______________________________________________________________________
      This terms & conditions policy is subject to change without prior notice.
       
      BY ACCESSING AND USING THE PLATFORM, YOU ACCEPT AND AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS OF USE. IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE, PLEASE DO NOT ACCESS OR USE THE PLATFORM. IF YOU ARE ACCESSING OR USING THE PLATFORM ON BEHALF OF ANOTHER PERSON OR A CORPORATE ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH PERSON OR ENTITY TO THESE TERMS OF USE.