1. Website Access
2. Usage of Content; Rights Reserved by MC Commercial Inc.
All information, content, text, images, pictures, graphics, video, sound, streaming digital media and/or other information or data made available or accessed via this Website (collectively, the “Content”), and all associated rights, including copyrights and other intellectual property rights, are owned by MC Commercial Inc.
MC Commercial Inc. may, at any time, suspend or terminate any or all rights and licenses contained herein without notice to you.
By using this Website, you acknowledge that any product, process or technology comprised or described in this Website may be the subject of other intellectual property rights that are reserved by MC Commercial Inc. and are not licensed hereunder. The rights to all trade names, trademarks, logos or other expressions of brand identity of MC Commercial Inc. are expressly reserved hereby. Trademarks of other parties are identified wherever possible and MC Commercial Inc. acknowledges their rights.
The license granted under this Section 2 is subject to the following restrictions:
(a) you must retain, on all copies of the Content downloaded, all copyright and other proprietary notices contained in the Content;
(b) you may not modify the Content in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose;
(c) you may not transfer the Content to any other person without our written consent; and
(d) you may not print or copy any of the HTML or other computer programs that are viewable at this Website. You agree to abide by all additional restrictions displayed on this Website as it may be updated from time to time.
3. Prohibited Use
You may not and shall not:
a) grant access to, or allow any third party to gain access to your account for this Website;
b) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Content in any way;
c) modify or make derivative works based on the Content;
d) use this Website to: (i) send spam or unsolicited messages of any kind in violation of applicable laws; (ii) send or store infringing, obscene, threatening, defamatory, or otherwise unlawful, tortious or objectionable material, including material harmful to any individual or in violation of third-party rights including privacy laws; (iii) send or store material containing software viruses, worms, or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of this Website or the data contained therein; or (v) violate any applicable law;
e) attempt to gain unauthorized access to this Website or its related systems or networks or otherwise interfere with the security of, or otherwise abuse, this Website or any services, system resources, accounts, servers or networks;
f) connected to or accessible through this Website or affiliated or linked sites;
g) reproduce, sell, publish, distribute, modify, display, translate, or make available any part of this Website as part of another website whether by hyperlink framing on the internet or otherwise;
h) create any derivative works based on this Website or any component thereof;
i) use this Website or its Content to construct a database of any kind; or
j) distribute any database that contains or incorporates any part of this Website or Content.
In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of this Website, and that you will comply with all laws that apply or may apply to your use of or activities on this Website or in respect of the Content.
You agree to defend, indemnify and hold harmless each of MC Commercial Inc., its affiliates, and each of their officers, directors, employees and agents, including all third parties mentioned at the Website, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Website and the Content or your breach of these Terms and Conditions.
4. Online Communities and Other Interactive Areas
To the extent that this Website contains bulletin boards, chat rooms, or other message or communication facilities, you agree to use such forums only to send and receive messages and Content that are proper and related to the particular forum.
By way of example, and not as a limitation, you agree that when using a forum, you will not:
a) post or otherwise disseminate on or through this Website: harassing, defamatory, tortious, offensive, threatening, obscene or otherwise unlawful communications or Content of any kind, or Content which infringe or violate any third party's copyright, trademark, trade secrets, privacy or other proprietary or property right or that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;
(b) advertise or offer to sell or buy any goods or services for any commercial purpose unless such forum specifically allows such messages;
(c) conduct or forward surveys, contests, pyramid schemes or chain letters; or
(d) harvest or otherwise collect information about others, including e-mail addresses, without their consent.
5. Product Availability and Pricing
Orders made on the Website are subject to the terms set out in the applicable product, part or service user guides, warranty cards, software licenses, manuals and other materials shipped with such products or parts, or available on the Website for such product, part or service, and in all cases, to availability. We try to fulfill all orders, but sometimes an item described on the Website is not available. If that happens, we may need to cancel your order or contact you for follow-up.
We reserve the right to discontinue the sale of any product or service at any time without notice. We may decline or place quantity limits on your order at any time.
In the event of a pricing or other error, we reserve the right to revoke offers, cancel orders and correct errors or omissions, including after an order has been placed. Our acknowledgement of an order means that your order request has been received, not that the price or availability of an item has been confirmed.
6. Product Availability and Pricing
If you wish to purchase products or services described on the Site, you will be asked to supply certain information which may include your name, address, contact, debit card, credit card, billing and shipping information. You may be asked to provide information to confirm your eligibility for certain discounts and promotions. You agree to pay all charges you incur (whether using your credit card or another payment mechanism) at the price(s) in effect when such charges are incurred.
We are required by law to collect all applicable sales taxes. You authorize us to charge the applicable sales taxes to your credit card at the time of completion of order shipment.
For your security, the billing name and address on your credit card must match that of the information you submit. If the information provided does not match, your order may be delayed or cancelled. We may preauthorize your order amount with your credit or debit card issuer at the time you place the order, which may affect your available credit line.
All billing and registration information provided by you must be accurate, complete and correct. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the products and / or services that you have ordered. Receiving an order acknowledgement via email does not guarantee the acceptance of an order.
7. Product Availability and Pricing
We are not responsible for failure to fulfill orders due to causes beyond our control. We reserve the right at any time after receiving your order to:
(a) limit order quantities to reasonable amounts (in our sole discretion);
(b) prohibit purchases by retailers, distributors, or resellers;
(c) discontinue or refuse to offer any product or service;
(d) impose conditions on any discount, coupon or promotion; and/or
(e) bar any user from completing a transaction.
We may impose these limits on a per-person, per-household, per-order, or any other basis. If we reject, limit, or otherwise modify your order, we will attempt to notify you using the email address you provide to us. If we cancel an order or part of an order that we've already charged you for, we'll refund you the full amount of the canceled portion of the order.
8. Shipping and Delivery
Large Appliances: For large appliances delivered or picked up, please visit our policy for Delivery and Installation
Appliances: For appliances, parts and accessories purchased directly from us, please visit our policy for Returns geappliances.ca/en_CA/Returns
YOU ACKNOWLEDGE AND EXPRESSLY AGREE THAT USE OF THIS WEBSITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, NEITHER MC COMMERCIAL INC., ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS, MAKES ANY REPRESENTATIONS, CONDITIONS OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND REGARDING THIS WEBSITE, THE CONTENT, ANY ADVERTISING MATERIAL, OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS WEBSITE. TO THE FULL EXTENT NOT PROHIBITED BY LAW, THE CONTENT IS PROVIDED TO YOU ON AN "AS IS" AND “AS AVAILABLE” BASIS FOR YOUR PERSONAL, INFORMATIONAL USE ONLY, WITHOUT ANY REPRESENTATION, CONDITION OR WARRANTY, INCLUDING OF ACCURACY OR COMPLETENESS OF INFORMATION OR OTHER WARRANTY OR CONDITION OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF QUALITY, MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. MC COMMERCIAL INC. WILL NOT BE LIABLE IN ANY RESPECT TO YOU OR TO ANY THIRD PARTY THAT MAY RECEIVE CONTENT FROM THIS WEBSITE, INCLUDING FOR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN THE CONTENT OR IN THE TRANSMISSION OR FAILURE TO TRANSMIT ANY CONTENT, IN WHOLE OR IN PART.
For clarity, the material on this Website may contain technical inaccuracies or typographical errors, and information may be changed, updated or deleted with or without notice. MC Commercial Inc. may make improvements and/or changes to the Content of this Website at any time. MC Commercial Inc. makes no warranties that this Website will operate uninterrupted or error free or that defects will be corrected. MC Commercial Inc. does not warrant that this Website is compatible with your computer equipment or that this Website or its server is free of errors or viruses, worms or "Trojan horses" and MC Commercial Inc. is not liable for any damage you may suffer as a result of such destructive features. You additionally acknowledge that this Website, and your access thereto may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. MC Commercial Inc. is not responsible for any delays, delivery failures, or other damage resulting from such problems.
For additional clarity, MC Commercial Inc. and its licensors make no representation, warranty, or guaranty as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the Website or of any Content.
10. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL MC COMMERCIAL INC. BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES RESULTING FROM OR CAUSED BY A PARTY’S USE OR INABILITY TO USE THIS WEBSITE OR A PARTY’S RELIANCE ON ANY INFORMATION OR MATERIAL ACCESSED VIA THIS WEBSITE OR ANY OTHER HYPERLINKED WEBSITE.
11. Third Party Sites
MC Commercial Inc. does not endorse any websites that are or may be linked through this Website. MC Commercial Inc. may provide such links to you only as a matter of convenience, and in no event shall MC Commercial Inc. or its licensors be responsible for any content, products, or other Content on or available from such sites. MC Commercial Inc. makes no representations or warranties whatsoever about any other website that you may choose to access through this Website. Links provided by MC Commercial Inc. to such websites are provided solely for your convenience; such links do not constitute MC Commercial Inc.’s endorsement or approval of any other website or its content, and should not be relied on as such.
13. Governing Law and Exclusive Venue
You hereby acknowledge and agree that you have requested that this agreement and any related communication between MC Commercial Inc. and you be drawn up in the English language. Les parties aux présentes reconnaissent qu’elles ont exigé que la présente convention et tout document relié soit rédigés en anglais.
MC Commercial Inc.
Attention: Legal Department Address:
P.O. Box 5345, Burlington, Ontario, L7R 5B6
(a) the Site provided in association with, including the establishment of user accounts to access certain features and functionality available at www.geappliances.ca (the “Site”)
(b) appliance Orders or part Orders submitted to us by phone, email or on-line (the “Orders”)
(c) appliance Service requests submitted to us by phone, email or on-line (the “Service”); and
(d) Customer satisfaction Surveys conducted by us, or for us by third party service providers, by phone, email or on-line (the “Surveys”).
3. COLLECTION AND USE OF INFORMATION
(a) Information you provide. This includes information you voluntarily provide when you:
(i) sign up to receive emails from us, register as a user to use the portions of the site that require such registration, update your information, or use the Site. For example, when you sign up to our mailing list, we collect your name, email address and such other information as we may require for the purposes of adding you to our mailing list;
(ii) submit Orders for product, parts or appliance Service. For example, when you place Orders, or request Service, we collect your name, email address and such other information as we may require for the purposes of processing your order or request, providing the requested products, parts or services, billing for same, and to contact you in connection with your order or request; and
(iii) respond to customer satisfaction Surveys. For example, when you agree to respond to or participate in our Surveys and provide us with information, we collect your name, address, your specific survey responses and such other information as we may require for the purposes of training and improvement of our service network.
(b) Information from your use of the Site. This includes information collected in our server logs (such as browser type, pages visited, referring page, IP address, date and time stamps, other statistics, and errors), through ‘cookies’ (such as saving your login information and storing session information), and about the device you are using to access the Site (such as hardware and operating system details). Cookies are used primarily to remember information about you and serve up customized web pages to your web browser when revisiting a web page. We use traffic log cookies to help us provide you with a better website experience and identify which pages are being used. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. However, this may prevent you from taking full advantage of the website.
4. HOW WE USE YOUR PERSONAL INFORMATION
We may use personal information for a variety of purposes, including:
(a) to provide the Site to you, this includes processing your registration as user, where applicable, maintaining your information in our database, and communicating with you;
(b) to process your orders for product, parts or appliance services; including in respect of the payment, shipping and warranties for same;
(c) to enable us to publish your ratings, reviews, forum postings, or related user content, as provided by you;
(d) to maintain and improve user experiences and overall quality of the Site, our products and services, and to develop new sites and improve our products and services. This includes training of our Service personnel, diagnosing problems with our products or systems, administering the Site, and analyzing how the Site is being used;
(e) to answer your questions, to provide you with products or services you have requested, and to inform you of additional products and services provided by MC Commercial Inc., by affiliates of MC Commercial Inc., or by our business partners; and (f) for additional purposes that may be identified at or before the time that the information is collected, or that you subsequently consent to.
5. HOW WE MAY DISCLOSE PERSONAL INFORMATION
We may disclose personal information for the following purposes: (
a) to employees, contractors, third party service providers and to affiliated entities in order to carry out work on our behalf. These third parties and affiliates maybe in Canada, the United States of America, Mexico or in other parts of the world;
(b) as required or permitted by law and to law enforcement agencies, including the laws of the parts of the world in which your personal information is stored, and private parties for the purposes of investigating fraud or other offences;
(d) as consented to by you from time to time, including to fulfill any other purposes that are identified when the personal information is collected.
In addition, you may change or withdraw your consent at any time, subject to legal or contractual restrictions and reasonable notice, by contacting us at Servicerequest@Mabe.Ca or 1-800-361-1100. In some circumstances, a change in or withdrawal of consent may severely limit or even prevent our ability to provide our Services to you. All communications with respect to such withdrawal or variation of consent should be in writing and addressed to Privacy Manager, 5420 North Service Rd, Suite 300, Burlington, ON, L7R 5B6.
We use reasonable efforts to protect against the loss, misuse, and alteration of personal information with security measures appropriate to the sensitivity of the information we collect. However, it is possible that any information transmitted via the Internet may be intercepted by unknown third parties. We therefore encourage you to carefully ensure security through virus screening software, browser settings, the setting of passwords that are known only to you and are difficult to guess, and other security measures available to individuals and/or companies. The security of your personal information is important to us, please advise our Privacy Officer immediately of any incident involving the loss of or unauthorized access to or disclosure of personal information that is in our custody or control.
We retain personal information of users for no longer than necessary for the purposes stated above or to otherwise meet legal requirements.
Subject to applicable laws and reasonable notice, you are given the opportunity to: (i) opt out of receiving communications from us, or participating in a Survey; or (ii) remove your personal information related thereto from our records. If you wish to opt out of receiving further communications or participating in a Survey, please contact us by email or phone using the contact information provided below.
When requesting access to your personal information, please note that we may request specific information from you to enable us to confirm your identity and right to access, as well as to search for and provide you with the personal information that we hold about you. In the event that we cannot provide you with access to your personal information, we will endeavor to inform you of the reasons why, subject to any legal or regulatory restrictions.
In some circumstances, we may not agree with your request to change your personal information and will instead append an alternative text to the record in question.
Your right to access the personal information that we hold about you is not absolute. There are instances where applicable law or regulatory requirements allow or require us to refuse to provide some or all of the personal information that we hold about you. In addition, the personal information may have been destroyed, erased or made anonymous in accordance with our record retention obligations and practices.
MC Commercial Inc.
ATTENTION:LEGAL DEPARTMENT, PRIVACY OFFICER
ADDRESS: P.O. BOX 5345, BURLINGTON, ONTARIO, L7R 5B6