Terms of Use

1. Application of Terms of Use

These Terms of Use (the "Terms of Use") apply shop.dlink.ca (the "Web Site") as set out herein.

2. Acceptance of Terms

PLEASE READ THE TERMS OF USE CAREFULLY AS YOUR USE OF THE WEB SITE CONSTITUTES YOUR ACCEPTANCE OF THE TERMS OF USE AND ANY SUBSEQUENT MODIFICATIONS THERETO. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF USE, PLEASE DISCONTINUE USE OF THE WEB SITE.

3. Privacy Policy

By using the Web Site, you agree to be bound by D-Link Canada Inc.'s Privacy Policy. For the Privacy Policy, please click here.

4. Terms of Sale

Any purchases made on the Web Site are subject to the Terms of Sale and any other documentation or agreements agreed to during the course of the applicable purchase and sale transaction. For the Terms of Sale, please click here.

5. Other Documents Do Not Apply

The Terms of Use may not be supplemented, altered or modified by your use of any other document(s). Any attempt by you to modify, supplement or amend the Terms of Use will be null and void unless agreed to in writing by D-Link Canada Inc. ("D-Link").

6. Copyright and Intellectual Property

© 2014 D-Link Canada Inc. All rights reserved. All materials and information published on or otherwise accessible through the Web Site including, without limitation, text, images, graphics, audio clips and software (collectively, the "Content") of the Web Site is protected by Canadian and other national and international copyright, trademark and other laws. All Content is owned or controlled by D-Link or D-Link's licensors. The copying, reproduction, redistribution or publication of any part of the Web Site and/or the Content is prohibited, unless expressly authorized in writing by D-Link. Use of the Content for any purpose other than as expressly permitted by the Terms of Use or by the owner of the Content is prohibited, and may result in civil and/or criminal penalties. You agree to abide by all additional copyright notices and restrictions contained in any Content and in any other content accessed through the Web Site. You acknowledge that you do not acquire any ownership rights by downloading Content from the Web Site.

7. Trade-marks

The trade-marks, logos, names and icons identifying D-Link and/or any third party or any of their respective products and/or services (collectively the "Trade-marks") displayed on the Web Site, are registered and unregistered Trade-marks of D-Link and others. Nothing contained on the Web Site should be construed as granting any license or right to use any Trade-mark displayed on the Web Site, without the written permission of D-Link or other owner. Your use of the Trade-marks is prohibited. You are advised that D-Link will enforce its intellectual property rights to the fullest extent of the law.

8. Monitoring the Web Site

D-Link has no obligation to monitor the Web Site. However, you agree that D-Link has the right to monitor the Web Site electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Web Site properly, or to protect itself or its users.

9. Links

The Web Site may contain links to third-party Web Sites. D-Link has no control over such third-party Web Sites. D-Link makes no representations or endorsements whatsoever about any such linked site or with respect to any product and/or service available on any such linked site. It is your responsibility to take precautions to ensure that any material obtained by you from any such linked site is free of items such as viruses and other items of a destructive nature. Use of any such linked site and/or any information obtained therefrom is at your own risk.

10. Misprints and Errors, Product Availability, Prices, and Orders

D-Link endeavours to provide current and accurate information on the Web Site. Nevertheless, misprints or other errors may occur. Accordingly, D-Link reserves the right to change the functionality or specifications of any of its products and/or the prices, fees and charges for any of its products and services advertised or made available through the Web Site at any time and from time to time without any liability or notice to you or any other person. Also, D-Link cannot guarantee that goods or services advertised on the Web Site will be available when ordered or thereafter. If you order goods or services for which the price was incorrectly displayed, D-Link will provide you with an opportunity to place an order at the correct price. If you order goods or services that are not available, D-Link will notify you by email. D-Link reserves the right to limit quantities licensed or sold.

11. Disclaimer and Exclusion of Warranty

YOU AGREE THAT YOUR USE OF THE WEB SITE (INCLUDING DOWNLOADING MATERIAL) IS AT YOUR SOLE RISK AND IS PROVIDED BY D-LINK ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED. 

TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, D-LINK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. THE ENTIRE RISK ARISING OUT OF USE, PERFORMANCE OR NON-PERFORMANCE OF THE WEB SITE REMAINS WITH YOU. D-LINK DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE CONTENT ON THIS SITE OR ANY SITES LINKED TO THIS SITE.

12. Exclusion and Limitation of Liability

IN NO EVENT SHALL D-LINK, ITS SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT OR PUNITIVE LOSS OR DAMAGE OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE WEB SITE AND/OR FOR ANY BREACH OF THE TERMS OF USE, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, PERSONAL INJURY, DEATH, LOSS OF DATA OR ANY OTHER PECUNIARY LOSS, EVEN IF D-LINK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE OR ANY CLAIM BY ANY THIRD PARTY. 

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEB SITE, AND THE PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE WEB SITE, OR WITH ANY OF THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE.

13. Indemnification

You agree to indemnify and hold D-Link, its subsidiaries and affiliates, and their respective directors, officers, employees, contractors and agents harmless from all claims, liabilities, damages, losses, including reasonable legal fees and expenses, due to or arising out of your use of the Web Site or your breach of the Terms of Use.

14. Governing Law and Jurisdiction

You agree to comply with all applicable laws and regulations in your use of the Web Site. The Terms of Use shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, excluding the conflict or choice of law provisions. You and D-Link submit to the exclusive jurisdiction of the courts in the Province of Ontario.

15. Invalidity of Provisions

If any provision or provisions of the Terms of Use shall be held to be invalid, illegal or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

16. Headings

The headings of each of the Terms of Use are for convenience of reference only and shall not form part of the Terms of Use. Such headings shall be ignored in the interpretation or construction of any of the Terms of Use.

17. Changes to the Terms of Use

D-Link reserves the right to update the Terms of Use as required. If D-Link decides to amend the Terms of Use, D-Link will post the amended Terms of Use on the Web Site. Posting of amended Terms of Use shall constitute notice to you. All amended Terms of Use shall be effective immediately upon such notice. Your continued use of the Web Site after such modifications will constitute your:

  1. acknowledgement of the modified Terms of Use; and
  2. agreement to abide and be bound by the modified Terms of Use.

18. Entire Agreement

The Terms of Use, which may be modified from time to time, including any documents referenced herein and any other applicable terms and conditions contained on the Web Site, constitute the entire agreement between D-Link and you pertaining to your use of the Web Site. D-Link's failure to enforce any provision of the Terms of Use shall not be construed as a waiver of such provision.

19. Assignment

The Terms of Use shall bind and enure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives and permitted assigns. You shall not assign your rights or obligations hereunder without D-Link's prior written consent.

20. Termination or Suspension

D-Link may, in its sole discretion, terminate or suspend your access to all or part of this Web Site for any reason, including, without limitation, your breach of the Terms of Use. Any suspected fraudulent, abusive or illegal activity may result in termination of your access and the activity may be referred to appropriate law enforcement authorities.

21. English Language

The parties confirm that it is their wish that the Terms of Use any other documents delivered or given pursuant to the Terms of Use, including notices, have been and shall be in the English language only. Les parties aux présents confirment leur volonté que cette convention de même tous les documents, y compris tous avis, s'y rattachant, soient rédigés en anglais seulement.

Revision Date: March 2014