Terms and Conditions
Overview
1. This website is created by and is the property of Thomson & Fenn Trading Ltd. ("TFT"), a division of the Fairchild Group.
2. Merchandises offered are subject to availability, and on first come first serve basis.
3. TFT may, at its sole discretion, terminate the Program at any time.
4. TFT may, at its sole discretion, restrict, suspend, amend, extend or otherwise alter the Program or certain aspects of the Program (including any catalogue), with or without notice.
Program Membership
5. To participate in the Program, an individual must be an employee of the Fairchild Group who meets the eligibility requirement. (The "Program Member").
6. If in TFT's sole opinion, a Program Member abuses any of the Program privileges, fails to follow any of its terms and conditions, or makes any misrepresentation to TFT, TFT may, at its sole discretion, revoke the Program Member membership in the Program, with or without notification.
7. TFT will not be liable or responsible in any manner to the Program Member for any tax consequences resulting from the Program Member's participation in the Program. Program Members will be solely responsible for the reporting of any income tax benefit and the payment of any income taxes to Canada Revenue Agency.
Terms of Sale
8. The Program Member cannot purchase any merchandises for re-sale purpose.
9. All sales are final. No refund or exchange, limited to factory defectives can be exchange within one week from date of pick-up.
10. TFT accepts Visa and MasterCard for payment.
11. Payment confirmation will be sent through email.
12. Orders are subject to applicable taxes.
13. All prices are in Canadian dollars.
14. Orders will only be processed upon receipt of payment in full from the Program Member.
15. Merchandises are subject to the manufacturer's warranty. Please contact the manufacturer directly for warranty information.
16. Program Member agrees and will indemnify, save harmless and FOREVER RELEASE TFT, its employees, present or former partners, agents, servants, associates, officers, directors, shareholders, insurers, members, and all related and affiliated corporations, partnerships and subsidiaries from all actions, claims, losses, demands for damages or loss of any nature or kind howsoever whether at common law, equity, contractually or pursuant to any statue which one had, now has or which one can shall or may hereafter have against the TFT, its respective officers, directors, employees, affiliated corporations, successors and assigns, for or by reason of any cause, matter or thing arising from or relating in any way to this Program, with respect to any and all loss or damage to person or property arising from the Program Member joining the Program to the fullest extent permitted by law.
Use of the profile online:
17. Certain areas and features of the Website are accessible only to users who have been issued a login name and password (collectively "Profile") by TFT. For the purposes of accessing the Website, the Profile remains the property of TFT and may be cancelled or suspended at any time by TFT in its discretion without any notice or liability to the Program Member or any other person.
18. If the Program Member has created a Profile: (a) he/she is fully responsible and liable for the security of the Profile and all use and misuse of the Profile; (b) he/she will keep the Profile secure and confidential at all times and not disclose the Profile to any other person or permit any other person to use the Profile; (c) he/she will ensure that all uses of the Profile comply with this Agreement; (d) once he/she has logged-on to the Website using the Profile, he/she will not leave the computer terminal used to access the Website unless and until he/she has terminated the session and logged-off the Website; and (e) the Program Member will immediately notify TFT if he/she knows or suspects that his/her Profile has been lost or stolen or become known to or used by any other person.
Transmission of Information
19. Because TFT does not control the security of the Internet or other networks the Program Member uses to access, TFT cannot be, and are not responsible for, the security of information that he/she chooses to communicate with TFT and other related/non-related sites while it is being transmitted. In addition, TFT is not responsible for any data lost during transmission.
Use of Personal Information of Program Member:
20. The information provided by the Program Member is required by TFT and/or its affiliates to administer his/her account and maintain the accuracy of his/her information.
Optional Use and Disclosure of Personal Information of Program Member:
21. TFT may wish to use the personal information described above, as well as information about purchases of the Program Member, and any information captured whenever he/she made his/her purchases from TFT and/or its partners, to offer or communicate with he/she about additional products and services provided by TFT and other organizations with which TFT has marketing arrangements. These communications may include notifications of sales, special events, and other exclusive offers. His/Her consent to the use of his/her personal information for these additional purposes is voluntary and not required as a condition of obtaining. If the Program Member does not wish TFT to use this information for these additional purposes, he/she should contact his/her respective administration department.
Miscellaneous
22. Program Members must have a valid email address on file to ensure that privilege information is sent to the proper address.
23. By creating his/her personal profile online, the Program Member declares that the information given is true and complete. The Program Member consents and agrees to allow TFT to collect, use and disclose his/her personal information and information regarding his/her use of the website, for the purpose of verification of customer detail/data, customer data analyses, marketing/reward programs, day to day administration and business development. The Program Member agrees to receive periodic mailings about the privilege program, upcoming offers and promotions. The Program Member acknowledges and agrees that TFT, at its sole discretion, has the right at any time for any reason whatsoever to terminate or change the privilege program including but not limited to revoking any or all of his/her benefits, without notice and without further compensation.
Privacy Statement
24. By accessing, using and/or downloading materials from this site, the Program Member agrees to accept and abide by these terms and conditions for each use and each visit to this site. If an individual does not agree to the Policy, Terms and Conditions, he/she should not access this site.
25. The protection of confidential staff personal information is of paramount importance to the Company. In compliance with the Privacy Act, the company has an obligation to maintain the security of staff records. Program Member may access his/her own information in his/her private account in the Members' Area of the Website. Each Program Member is required to authenticate his/her identity to access his/her private account. No other individuals, other than specifically designated staff, are able to gain access to this information.
Security
26. The Website uses SSL or "Secure Sockets Layer", an industry standard security protocol. Consent of the Program Member will be connected with TFT's secure server when he/she clicks on "checkout". SSL will send his/her browser information that "encrypts" his/her order, changing all the information that he/she sends back into a code that is extremely difficult to decipher.
27. Please note that the credit card issuing bank will typically cover all unauthorized charges made on the credit cards and may charge the Program Member a deductible. It is the responsibility of the Program Member to check with the institution that issued the credit card to find out exactly what his/her liability is.
Copyright and Trademarks
28. The Website and its entire content are the exclusive properties of TFT and/or are being used with permission. Any copying, distributing, downloading, transmitting, posting, linking or unauthorized use of the Website is prohibited. Any violation may result in a copyright and/or trademark or other intellectual property right infringement that may subject an individual to civil and/or criminal penalties.
Modification of the terms & conditions
29. TFT reserves the right at any times to terminate, discontinue or modify any part of the agreement as necessary or desirable. If TFT makes changes that might potentially affect his/her use of the Website, an email notification will be sent to his/her registered account and/or a notice of the change will be posted on the Website, provided that, these changes do not apply to purchase made prior to the effective date of such changes. These changes will be effective immediately for all new accounts of the Website and all existing accounts purchase after the effective date of the change. TFT suggests that the Program Member revisits the terms & conditions regularly so to ensure that he/she stays informed of any changes and/or updates to the Website. The use of the Website after modifications of these terms and conditions will constitute acceptance of the modified issue.
Account Termination
30. Without limiting the foregoing or any stated in the terms and conditions, TFT shall have the right to immediately terminate or suspend any accounts with any unacceptable conduct, in its sole discretion, or in the event the Program Member breaches this agreement. Notwithstanding the above, these terms and conditions will survive termination of this agreement.