OWNERSHIP OF SITE; AGREEMENT TO TERMS AND CONDITIONS
ACCEPTANCE OF AGREEMENT
COPYRIGHT – SITE CONTENT
The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trade marks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by a User of any such content or any part of the Bolt Site, except as allowed by Section 3 of Canada’s Copyright Act is strictly prohibited. The User does not acquire ownership rights to any content or document obtained through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
LIMITED RIGHT TO USE
The viewing or downloading of any content, form or document grants the User only a limited, non-exclusive licence for use solely by the User for his or her own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for the User’s personal use (but not for resale or redistribution).
EDITING, DELETING AND MODIFICATION
Bolt reserves the right in its sole discretion to edit or delete any documents, information or other content appearing on the Site.
The User agrees to indemnify, defend and hold Bolt and its partners, attorneys, staff and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney fees, related to a User’s violation of this Agreement or use of the Site.
The User’s right to use the Site is not transferable. Any password or right given to User to obtain accesss is not transferable.
DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS
Specifically, but without limitation, Bolt does not represent, warrant or offer any conditions that: (i) the information or materials on this website are correct, accurate, reliable or complete; (ii) the functions contained on this website will be uninterrupted or error-free; (iii) defects will be corrected, or (iv) this website or the server(s) that makes it available are free of viruses or other harmful components. Bolt specifically disclaims all representations, warranties and conditions, either express, implied, statutory, by usage of trade, course of dealing or otherwise including but not limited to any implied warranties of merchantability, non-infringement, title, satisfactory quality or fitness for a particular purpose. Any information or material downloaded or otherwise obtained through the use of the website is at your own discretion and risk and you will be solely responsible for any damage to your computer system, loss of data, or any other loss that results from downloading or using any such material. In particular, but not as a limitation thereof, Bolt and the affiliated parties are not liable any indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, litigation or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. Bolt does not warrant, endorse, guarantee, provide any conditions or representations, or assume any responsibility for any product or service advertised or offered by any third party through the website or in respect to any website that can be reached from a link on the website or featured in any banner or other advertising on the website, and Bolt shall not be a party to any transaction that you may enter into with any such third party.
LIMITATION OF LIABILITY
Under no circumstances shall Bolt be liable for any direct, indirect, incidental, special, consequential, exemplary or other damages whatsoever, including, without limitation, any direct, indirect, incidental, special, consequential, exemplary or other damages that result from (i) your use of or your inability to use, this website or any of the information or materials contained on this website, (ii) the cost of procurement of substitute goods, data, information or services, (iii) errors, mistakes, or inaccuracies in the materials on the website, (iv) personal injury or property damage of any kind whatsoever arising from or relating to your use of the website, any bugs, viruses, trojan horses, or any other files or data that may be harmful to computer or communication equipment or data that may have been transmitted to or through the website, or (v) any errors or omissions in any material on the website or any other loss or damage of any kind arising from or relating to your use of the website. These limitations shall apply even if Bolt has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extension permitted by law in the applicable jurisdiction.
USE OF INFORMATION
THIRD PARTY SERVICES
Bolt operates an interactive transaction service allowing access to third party merchant sites (“Merchants”) from which Bolt users may purchase certain goods or services. The user understands that Bolt does not operate or control the products or services offered by Merchants. The Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. Bolt is not a party to the transactions entered into between users and Merchants. The user agrees that use of the Bolt service is at the sole risk of the user and is without warranties of any kind by Bolt, express, implied or otherwise including warranties of title, fitness for purpose, merchantability or non-infringement. Under no circumstances is Bolt liable for any damages arising from the transactions between users and Merchants or for any information appearing on Merchant sites or any other site linked to the Bolt site. Bolt will not be liable to users for any incidental, special or consequential damages of any kind that may result from use of or inability to use the Bolt service.
THIRD PARTY MERCHANT POLICIES
All rules, policies (including privacy policies) and operating procedures of Merchants will apply to Users while on the Merchants’ sites. Bolt is not responsible for information provided by Users to Merchants. The merchant and Bolt are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
NO IMPLIED ENDORSEMENTS
In no event shall any reference to any third party, third party product or service or label be construed as an approval or endorsement by Bolt of that third party, third party product or service or label.
LINKS TO OTHER WEBSITES
This site contains links to other websites. We are not responsible for the content, accuracy, or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website does not imply approval or endorsement of the linked website by us. If you decide to leave our site and access these third party sites, you do so at your own risk.
Information sent or received over the Internet is generally not secure and Bolt cannot and does not make any representation or warranty concerning security of any communication to or from the Web site or any representation or warranty regarding the interception by third parties of personal or other information.
COPYRIGHTS AND COPYRIGHT AGENTS
(1) We respect the intellectual property of others, and we ask our Users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our office with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the site; (d) your address, telephone number and e-mail address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. (2) For notice of claims of copyright infringement, please contact us as soon as possible by email at [email protected]
This Agreement shall be treated as though it were executed and performed in Toronto, Ontario, and shall be governed by and construed in accordance with the laws of Canada (without regard to conflict of law principles). Any cause of action of User with respect to the Site (and/or information, forms and agreements, thereon) must be instituted within [six] months after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 8 of this Agreement. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in the City of Toronto. The User expressly submits to the exclusive jurisdiction of said courts and consents to extra-territorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Failure of Bolt to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
If you have any questions regarding this Agreement please contact us at [email protected].
If, at the time of box retrieval for a given customer, any of the Bolt boxes that they have used are (i) returned in a damaged state, as determined by a Bolt representative, or (ii) are not returned at all within a reasonable period of 30 days from scheduled item return date, then the customer’s account will be charged a $65 replacement fee per affected box. In the event that, after booking an appointment and receiving delivery of the Bolt boxes or materials, client cancels their order entirely, a $50 fee will be levied to cover costs of retrieving the empty boxes.
Each return delivery scheduled by a customer will incur a charge of $25 for however many boxes are included in the order at the time of its creation. Excepted is the case where the customer is storing their items for under one month (30 days from the date their order is placed) where, in these cases, the customer will incur a charge of $50 for the return delivery.