SKS Welding Systems Terms of Use
Effective Date: May 1, 2023
Introduction
The websites, www.ca.sks-welding.com (the “Websites”) are owned and operated by SKS Welding Systems Ltd. (“SKS Welding Systems”, “Company”, “we”, “us”, or “our”). These terms of use (“Terms”) are the legally binding terms and conditions for the use of these Websites. Please read all these Terms carefully.
By accessing or using the Websites, you are deemed to have read and are indicating your acceptance of, your agreement to be bound by, and your legal capacity to be bound by, the Terms which shall govern your access and use of the Websites.
You are also deemed to have read and accepted the terms of the SKS Welding Systems Privacy Policy, which may be found here, which is hereby deemed to form part of these Terms.
SKS Welding Systems may at any time, in our sole discretion, modify or revise these Terms from time to time without notice and you agree to be bound by such modifications or revisions. Changes of our Terms are effective immediately. It is your responsibility to visit this page periodically to review these Terms. Your continued use of or access to the Websites following the posting of any changes to these Terms constitutes acceptance of those changes and your continued agreement to abide by these Terms.
IF YOU DO NOT AGREE WITH ONE OR MORE OF THESE TERMS, YOU MUST IMMEDIATELY DISCONTINUE ALL USE OF THE WEBSITES.
Nothing in these Terms shall be deemed to confer any third-party rights or benefits.
If you use the Websites in conjunction with other products or services, then the applicable terms for those other products or services will also apply. It is your responsibility to review and comply with any such applicable terms for such products or services.
Use of the Websites
The Websites are made available to you for the purpose of providing information about our goods and services to you, making available certain content related to our goods and services for download, and to enable business communications for requesting and purchasing goods and services from SKS Welding Systems (each a “Service”). SKS Welding Systems reserves the right to change Websites or change, eliminate, or interrupt any of the Services at its sole discretion, without notice.
You agree to use the Websites for legitimate purposes and not for any illegal or unauthorized purpose, including without limitation, in violation of any intellectual property or privacy law. By agreeing to these Terms, you represent and warrant that you are legally capable of entering into a binding contract.
Your use of the Websites from any location is subject to your compliance with all applicable laws and regulations that may be applicable to you. You agree, and confirm, that your use of the Websites is in full compliance with the laws of the jurisdiction(s) to which you are subject.
You agree to not use the Websites to conduct any activity that would constitute a civil or criminal offence or violate any law. You agree not to attempt to interfere with our Websites’ network or security features or to gain unauthorized access to our systems.
General Conditions
We reserve the right to refuse service to anyone, at any time, for any reason. We reserve the right to make any modifications to the Websites, including terminating, changing, suspending or discontinuing any aspect of the Websites at any time, without notice. We may impose additional rules or limits on the use of our Websites. You agree to review these Terms regularly and your continued access or use of our website will mean that you agree to any changes.
You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of our Websites or for any of SKS Welding Systems’s Service offered through the Websites.
Your use of the Websites shall comply with all applicable laws. You acknowledge and agree that any breach of these Terms or Privacy Policy would cause irreparable harm to SKS Welding Systems for which damages might not be an adequate remedy, and you hereby agree that in the event of such breach, SKS Welding Systems will be entitled to seek, in addition to any other right accruing to SKS Welding Systems under these Terms or otherwise in law or equity, injunctive relief against you without the necessity of proving actual damages.
Intellectual Property
You acknowledge that SKS Welding Systems owns all right, title and interest in and to the copyright and all other intellectual property rights in the Websites, including, but not limited to, text, graphics, logos, button icons, images, audio clips, digital downloads, documentation, data compilations, software, materials, questions, results, or other content that is displayed or provided by the Websites, including any anonymized user data (“Intellectual Property”).
SKS® is a registered trademark with the Canadian Intellectual Property Office.
All product, brand and company names, logos, and trademarks displayed on the Websites or used in connection with the Services, are owned by SKS Welding Systems (or its affiliates). Any use of any marks appearing on the Websites or in connection with the Services without the express written consent of SKS Welding Systems is strictly prohibited.
No rights, title or interest in or to any trademarks or other Intellectual Property owned by SKS Welding Systems is granted to you under these Terms.
Third Party Content, Sites, and Links
The Websites may contain hyperlinks or references to third-party websites that are not owned by SKS Welding Systems. Even if SKS Welding Systems is affiliated with the third-party who owns the linked website, SKS Welding Systems does not have control over and accepts no responsibility for any content, materials, or information contained therein, or for their operation or lack thereof. Hyperlinks or references are provided for your convenience only. Any hyperlink is the sole responsibility of the owner or operator of the linked website and SKS Welding Systems shall not be liable for any losses or damages arising out of your use of any such link.
Any third-party websites or services accessed from the Websites are subject to the terms and conditions of those websites and/or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that SKS Welding Systems Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit as you are responsible for identifying and understanding those terms and conditions and complying with them.
Third party trademarks or other indicia appearing on the Websites are owned by their respective owners. Any unauthorized use of such trademarks is strictly prohibited.
Third Party Providers
Matomo
The Websites use the open-source web analytics service provider, Matomo, who uses cookies to analyse technical data and website usage. Matomo is owned by InnoCraft Ltd. and its privacy policy can be found here: matomo.org/matomo-cloud-privacy-policy/ and the terms of service can be found here: matomo.org/matomo-cloud-terms-of-service/
If you do not agree to the storage and use of your data, you can disable this feature here. In this case, an opt-out cookie will be stored in your browser to prevent Matomo from storing your usage data. If you delete your cookies, the Matomo opt-out cookie will also be deleted. You will then need to reactivate the opt-out the next time you visit our Websites.
Change Cookie Settings
Meta Pixel
The Websites use Meta Pixel, a tool that allows businesses to measure the effectiveness of advertising, owned by Meta Platforms, Inc., whose privacy policy can be found here: www.facebook.com/policy.php; specific information on Meta Pixel can be found here:https://www.facebook.com/business/help/742478679120153?id=1205376682832142 and the terms of service for Meta Business Tools can be found here: www.facebook.com/legal/terms/businesstools/preview
Use of Facebook Pixel and Facebook Custom Audiences
On our website, the so-called Facebook pixel of the company Facebook (Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland) is used. This classifies visitors to our website into specific target groups for the purpose of controlling advertising on Facebook. The data collected (e.g. IP addresses, web browser info, location data, buttons clicked, pixel IDs if applicable and additional characteristics) is not visible to us, it is only used in the context of displaying certain advertisements. Using the Facebook pixel code, so-called cookies are set. In the circumstance that you have a Facebook account and are logged in, the website visit is assigned to the logged-in Facebook user account. We also use Facebook's Custom Audiences remarketing function. This allows Facebook ads to be placed personalized The purpose of this is to improve the user experience by only displaying ads that are of interest to you. For data exchange, your browser automatically establishes a connection with Facebook servers. We then no longer have any influence over the scope and further use of the data. Facebook is responsible for further data processing. With the use of Facebook Custom Audiences, Facebook receives the information that you have visited a corresponding web page of our website or viewed an ad from us. With your registration with Facebook, your visit can be assigned to your account. In the event that you are not registered with Facebook or are not logged in, the provider can obtain and store your IP address and other identifying features. We use these functions to provide you with advertising offers that correspond to your interests. Your data is processed because you have consented to it or we can prove a legitimate interest in processing the data (according to GDPR). We store your data as long as we need it for the respective purpose (display of interest-based advertising) or you have not objected to the storage of your data or revoked your consent. You can deactivate the "Facebook Custom Audiences" function at www.facebook.com/settings/. You can find your ad settings under Facebook at www.facebook.com/help/109378269482053/, provided you are logged into Facebook.
Privacy and Personal Information
Personal information and technical data will be used by SKS Welding Systems solely in accordance with these Terms and the Privacy Policy accessible here, which is hereby incorporated by reference into these Terms.
Electronic Communications
When you visit the Websites, use our contact form, or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Websites. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. It is your responsibility to ensure you provide an up-to-date and accurate email address regarding electronic communications.
If you have opted-in to receive marketing communications from us, we may send you promotional offers from time to time. You may unsubscribe at any time by clicking the unsubscribe link at the bottom of the message. This prevents any promotional emails from being sent to you unless you explicitly request that we re-add you to a promotion list.
If you send us inquiries using the contact form, your details from the inquiry form, including the contact data you provided there, will be stored by us or our subsidiaries for the purpose of responding to the inquiry and any follow-up questions in the same context. We will not share this information without your consent.
Cookies
A “cookie” is a small piece of information that our web server automatically sends to your browser for storage on your computer, which then permits our web server to recall information about your preferences. We used cookies to collect information in order to improve our services for you. We will ask for your consent to use cookies. You can instruct your browser to refuse all cookies or modify your cookie settings. If you do not accept cookies, you may not be able to use some features of our Services and we recommend you leave them on.
Our Privacy Policy applies to cookies placed on your computer by us, but does not cover the use of cookies by any third-party. For the privacy practices of such third parties, you should consult the applicable privacy policy for the relevant third-party.
Disclaimer and Release
You expressly understand and agree that the Websites and all information, content, materials, products (including any software) and services included on or otherwise made available to you through this Websites are provided by SKS Welding Systems on an “AS IS”, “AS AVAILABLE” basis. To the maximum extent permitted by applicable law, SKS Welding Systems disclaims all representations, conditions, and warranties, express, legal, implied, or statutory, including the implied warranties or conditions of merchantability, quality, fitness for a particular purpose, durability, title, and non-infringement.
Without limiting the generality of the foregoing, to the maximum extent permitted by applicable law, SKS Welding Systems makes no representation, warranty, conditions, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the Websites and Services, the accuracy, completeness or reliability of any information contained on the Websites and in relation to Services, that the Websites will continue to operate uninterrupted and error-free, and that the Websites, or server(s) that make them available are free from viruses or other harmful components. SKS Welding Systems does not guarantee the quality, suitability, safety or ability of third-party providers. SKS Welding Systems does not guarantee the continued availability of the Websites and may cease providing the Websites and or any content contained therein at any time without notice. Should SKS Welding Systems cease providing the Websites, you acknowledge and agree that your access and use may cease immediately, without any forewarning or any notification to you.
You acknowledge and agree that the entire risk arising out of your use of the Websites remains solely with you. We will not be liable for any damages of any kind related to the use of our Websites.
To the maximum extent permitted by applicable law, neither SKS Welding Systems nor its affiliates is responsible for the fitness or conduct of any or third-party provider. Neither SKS Welding Systems nor its affiliates will be liable for any claim, injury or damage arising in connection with the acts or omissions of any third-party provider.
SKS Welding Systems will not be responsible for any damage to your computer system or loss of data that results from your use of the Websites.
Limitation of Liability
THIS PROVISION APPLIES TO THE MAXIMUM EXTENT AS PERMITTED BY APPLICABLE LAW. Under no circumstances shall SKS Welding Systems, including SKS Welding Systems’s affiliates, and each of their respective directors, officers, employees, shareholders, affiliates, agents and third party contractors, suppliers and licensors (collectively the “Company Parties”), be liable to you, or to any other party, for any losses, costs or damages of any kind or nature whatsoever that are suffered or incurred in any connection with the use of (or the inability to use) the Websites and Services, or your failure to comply with these Terms (regardless of the form of action or theory of liability, including for breach of contract, tort, negligence, equity, strict liability, by statute or otherwise and regardless of the occurrence of a fundamental breach or failure of essential purpose) even if the Company Parties or any of them has been informed in advance or ought reasonably to have known of the possibility for such damages.
In no event whatsoever shall SKS Welding Systems and/or Company Parties be liable for any special, exemplary, punitive, consequential, incidental or indirect damages of any kind or nature whatsoever, that are suffered or incurred in any connection with the use of the Websites and the Services (including in any connection with advice, programming, or any services rendered by SKS Welding Systems, the transmission or downloading or storage of any data or submissions to or from the Websites or the use of, or reliance on, any information or data contained on or provided through the Websites, or loss of or damage to files or data or any costs of recovering or reproducing any files or data or loss of use or lack of availability of Services or any business interruption or loss of revenue or profit or any other economic loss whatsoever) however caused and regardless of the form or cause of action and whether or not foreseeable, even if the Company Parties or any of them has been informed in advance or ought reasonably to have known of the possibility for such damages.
THE ENTIRE RISK AS TO THE ACCESS AND USE OF THE WEBSITES AND ANY PROVIDED SUPPORT IS ASSUMED BY YOU. SKS WELDING SYSTEMS DOES NOT ACCEPT ANY RESPONSIBILITY FOR YOUR USE OF THE WEBSITES, NOR FOR ANY RELIANCE WHICH YOU MAY PLACE ON ANY INFORMATION GIVEN IN CONNECTION OR DERIVED FROM THE WEBSITES.
SKS Welding Systems shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond SKS Welding Systems’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.
Nothing in these Terms is intended to exclude or limit any condition, warranty, right or liability which may not be lawfully excluded or limited. Accordingly, only those liability and other limitations which are lawful in the applicable jurisdiction will apply to you and our liability is limited to the maximum extent permitted by law.
THE TERMS AND CONDITIONS OF THESE TERMS THAT LIMIT LIABILITY REFLECT AN INFORMED VOLUNTARY ALLOCATION OF RISK; SUCH ALLOCATION REPRESENTS A MATERIAL PART OF THESE TERMS. YOU AGREE THAT THE LIMITATIONS OF LIABILITIES SET OUT IN THESE TERMS ARE FAIR AND REASONABLE IN THE CIRCUMSTANCES AND THAT YOU AND SKS WELDING SYSTEMS WOULD NOT HAVE ENTERED INTO THESE TERMS BUT FOR THE APPLICATION OF THE PROVISIONS OF THESE TERMS THAT LIMIT LIABILITY.
Indemnity
By using the Websites, you agree to defend, indemnify and hold harmless Company Parties from and against any and all damages (whether direct, indirect, incidental, consequential, punitive, or otherwise), losses, liabilities, claims, costs and expenses (including, without limitation, legal and accounting fees), alleging or resulting from any and all claims, including without limitation all acts of negligence, infringement and malfeasance, actions, demands, suits, and proceedings (whether before an arbitrator, court, mediator or otherwise) or investigation made by any third party relating to or arising out of your breach of these Terms and access to or use of the Websites.
WITHOUT LIMITING THE FOREGOING, YOU ASSUME ALL RESPONSIBILITY AND LIABILITY FOR ANY DECISION MADE IN CONCERT WITH THE USE OF THE WEBSITES AND THE INFORMATION AND CONTENT THEREON.
Governing Law
These Terms will be interpreted, construed and enforced in all respects in accordance with the laws of the Province of Ontario, Canada and the federal laws of Canada applicable therein, and that the law of the Province of Ontario is the proper law, without regard to conflict of laws rules or to private international law principles. The laws of any other jurisdiction shall not apply to this these Terms or the subject matter thereof.
By agreeing to these Terms, you irrevocably consent to the exclusive jurisdiction of the Courts of the Province of Ontario with respect to all disputes, actions or proceedings arising out of or in connection with these Terms or in respect of any legal relationship associated with or derived from these Terms and expressly waive any defense of personal and/or subject matter jurisdiction in those courts.
Force Majeure
SKS Welding Systems shall not be liable for delays in or for failures to perform hereunder due to causes: a) beyond our reasonable control; b) that could not reasonably have been foreseen by SKS Welding Systems at the time of the effective date of these Terms and/or Privacy Policy (as applicable); and c) the effects of which could not have been commercially reasonably avoided or overcome by SKS Welding Systems, where such causes include acts of God, acts or omissions of you or a third party, service failures, Internet or telecommunications outages, acts of civil or military authorities, fire, strikes, power surges or power outages, pandemics or epidemics, public health emergencies, climate change, flood, earthquakes, riot, or war.
Entire Agreement
Unless specifically stated otherwise, these Terms, together with any applicable policies and any documents incorporated by reference herein, constitute the entire agreement between you and SKS Welding Systems as it relates to the access to, and use of, the Websites and the subject matter and purpose of these Terms, and supersede all prior or contemporaneous agreements, proposals, proof of concepts, understandings, letters of intent, representations, negotiations, and discussions, whether written or oral, between SKS Welding Systems and you. Unless superseded by subsequent written agreement, these Terms will continue to govern the relationship between you and SKS Welding Systems in respect of the matters contained herein.
Electronic Documents
This electronic document, and all other electronic documents referred to or incorporated herein, will be: (a) deemed for all purposes to be a “writing” or “in writing”, and to comply with all statutory, contractual, and other legal requirements for a writing; and (b) legally enforceable as a signed agreement. A printed version of these Terms and any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You agree to waive any right to object to the introduction of any copy of electronic communications in evidence.
Representation of Authority
You represent and warrant that you possess the legal authority to enter into these Terms and that you will be responsible for your access and/or use of the Websites. You are responsible for supplying any hardware (e.g., mobile device, computer) or software (e.g., device OS) necessary to access and/or use the Websites.
Waiver
No delay or omission by SKS Welding Systems to exercise any right or power it has under these Terms or to object to the failure of any covenant of you to be performed in a timely and complete manner, shall impair any such right or power or be construed as a waiver of any succeeding breach or any other covenant. Any waivers by SKS Welding Systems must be in writing and signed by an authorized representative of SKS Welding Systems.
Severability
If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable in any respect, then the remaining provisions of these Terms, or the application of such provisions to persons or circumstances other than those as to which it is invalid or unenforceable shall not be affected thereby, and each such provision of these Terms shall be valid and enforceable to the extent permitted by law.
Contact and Notices
If you have any questions about these Terms, or need to provide notice to, or communicate with, SKS Welding Systems under these Terms, please contact SKS Welding Systems via email at the email address specified below:
SKS Welding Systems Ltd.