Terms and Conditions

 

Copyrights

This Site and the materials are the property of Lumen, a division of Sonepar Canada Inc. ("Lumen") and its licensors, and are protected by copyright, international treaties, and other laws.

Use License

Lumen grants you permission to view this Site and to print individual pages from this Site for your own personal, noncommercial use, provided that you agree to and accept without modification the notices, terms and conditions set forth in this agreement. You may not modify, copy (except as set forth in the preceding sentence), distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, material, software, products or services from this Site. Your use of this Site constitutes your agreement and acceptance without modification of the notices, terms and conditions set forth herein. In addition, as a condition of your use of this Site, you represent and warrant to Lumen that you will not use this Site for any purpose that is unlawful, immoral or prohibited by these terms, conditions and notices. Other than this agreement and agreements between you and Lumen relating to the sale of products or services (collectively, the “Products”), Lumen will not enter into any agreement with you or obligation to you through this Site and no attempt to create such an agreement or obligation will be effective.

Trademarks

The trademarks, service marks and logos (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of Lumen and others. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site, without the prior written permission of the Trademark owner. Lumen aggressively enforces its intellectual property rights to the fullest extent of the law.

Links to Third Party Sites

This Site may contain links to Sites owned or operated by parties other than Lumen. Such links are provided for your reference only. Lumen does not control outside Sites and is not responsible for their content nor their conformity to applicable laws. Lumen’s inclusion of links to an outside Site does not imply any endorsement of the material on the Site or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does Lumen's inclusion of the links imply that Lumen is authorised to use any trade name, trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the linked Site.

Products

This Site displays Products available for purchase in Canada, however not all Products are available at all times and Products may be changed, substituted or discontinued at any time. Lumen attempts to provide an accurate description of the Products available for sale, but does not warrant the accuracy, completeness, reliability or currency of such descriptions. Certain Products may be the subject of third-party warranties offered by its manufacturers or providers.

No Warranties; Exclusion Of Liability

LUMEN MAKES NO REPRESENTATION ABOUT THE SUITABILITY OF THE MATERIALS OR PRODUCTS ON THIS SITE FOR ANY PURPOSE. ALL SUCH MATERIALS AND PRODUCTS ARE PROVIDED BY LUMEN "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. LUMEN SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH RESPECT TO THE MATERIALS AND PRODUCTS ON THIS SITE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. LUMEN SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE MATERIALS ON THIS SITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS SITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS SITE. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. IN NO EVENT SHALL EITHER LUMEN, ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE MATERIALS OR PRODUCTS ON THIS SITE, THE DELAY OR INABILITY TO USE THIS SITE OR OTHERWISE ARISING IN CONNECTION WITH THIS SITE, WHETHER BASED ON CONTRACT, TORT, DELICT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

The limitations of liability and disclaimers herein contained apply regardless of the form of action, whether in contract, warranty, delict, quasi-delict, strict liability, negligence, or other tort and shall survive a fundamental breach or breaches, or the failure of the essential purpose of contract or the failure of an exclusive remedy.

User Conduct

The user agrees a) not to use this Site in any manner which could damage, disable, overburden or impair this Site; b) not to interfere with the security of, or otherwise abuse, this Site, or any services, system resources, accounts, servers or networks connected to or accessible through this Site or affiliated or linked sites; c) not to disrupt or interfere with any other person's use and enjoyment of this Site or affiliated or linked sites; d) not to upload, post or otherwise transmit on this Site any viruses or other harmful, disruptive or destructive files or computer programs; e) not to use any robot, spider or other automatic device, or manual process to monitor or copy the web pages or the content contained at this Site; f) not to use or attempt to use another's account, service or system without authorization from Lumen, or create or use a false identity on this Site; g) not to transmit on this Site spam, chain letters, junk mail or any other type of unsolicited mass e-mail; and h) not to attempt to obtain unauthorized access to this Site or portions of this Site which are restricted from general access. In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted to or for your account, and that you will comply with all applicable laws that relate to your use or activities on this Site.

Information Provided by the User

Lumen does not want the user to, and the user should not, send any confidential or proprietary information to Lumen via this Site. The security of this Site is by no means guaranteed and you agree that any information or materials that you or individuals acting on your behalf provide to Lumen is sent at your own risk and will not be considered confidential or proprietary. By providing any such information or materials to Lumen, you grant to Lumen and its affiliates an unrestricted, perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, display or perform (including display or perform in public), communicate to the public, modify, adapt, transmit and distribute such information and materials in any form, with the right to grant sub-licenses, and you also agree that Lumen and its affiliates are free to use any ideas, concepts, know-how or techniques that you or individuals acting on your behalf provide to Lumen for any purpose. You further recognize that Lumen does not want you to, and you warrant that you will not, provide any information or materials to Lumen that are harassing, defamatory, libellous, tortuous, offensive, threatening, obscene or otherwise unlawful, or that incorporates the proprietary or confidential material of another.

General

This Site is made available to residents of Canada only. Use of this Site in any other jurisdiction is unauthorised. Lumen has endeavoured to comply with all legal requirements known to it in creating and maintaining this Site, but makes no representation that materials or Products on this Site are appropriate or available for use in any particular jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this agreement is at your own risk and, if any part of this agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use. You agree that Lumen may at any time and without notice change the terms, conditions and notices under which this Site is offered. You agree that no joint venture, partnership, employment or agency relationship exists between you and Lumen as a result of this agreement or your use of this Site. Lumen’s performance of this agreement is subject to existing laws and legal process and nothing contained in this agreement is in derogation of Lumen's right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by Lumen with respect to such use. This agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Lumen with respect to this Site. No modification of this agreement shall be effective unless it is authored by Lumen or its affiliates. Any alleged waiver of any breach of this agreement shall not be deemed to be a waiver of any future breach.

Privacy Policy

BY SUBMITTING PERSONAL INFORMATION TO LUMEN OR ITS AGENTS, YOU AGREE THAT WE MAY COLLECT, USE AND DISCLOSE SUCH PERSONAL INFORMATION IN ACCORDANCE WITH THIS PRIVACY POLICY AND AS PERMITTED OR REQUIRED BY LAW.

We may collect personal information from you when you:

  • Purchase, lease, order, return or exchange any of our products and services;
  • Request a quote or special orders for or information about any of our products and services;
  • Request delivery, warranty or repair services;
  • Visit the Lumen web site; or
  • Provide us with comments or suggestions;

Lumen may also conduct video surveillance of its stores and other premises for security and loss prevention reasons.

Lumen may use personal information to:

  • identify customers, employees and suppliers and to establish and maintain a relationship with them
  • provide customers with ongoing service, including to process orders, to ensure proper delivery and to better assist customers when they visit or call us
  • improve our product and service offerings
  • provide Lumen customers with information about other Lumen products and services that may be of interest to them
  • protect against error and fraud
  • comply with legal and audit requirements

Lumen may also be use personal information to create statistics about our business. These statistics do not contain any information that could personally identify any individual customer, employee or supplier.

Lumen may also disclose your personal information in response to a search warrant or other legally valid inquiry or order, or to an investigative body in the case of a breach of an agreement or contravention of law, or as otherwise required by law. We may also disclose personal information to assist us in collecting any debt owed by you.

Lumen will not trade, lease or sell your personal information to any third party unless we tell you about it and obtain your consent.

Lumen will only retain personal information for as long as it is necessary to process related transactions, maintain appropriate financial and audit records and protect Lumen’s legitimate commercial interests.