TERMS & CONDITIONS | TERMS OF SALE
PLEASE READ THESE WEBSITE TERMS OF SALE CAREFULLY BEFORE PLACING AN ORDER ON THE WEBSITE.
These Website Terms of Sale (“Terms”) apply to your purchase of the products set out in the order made on worksitesafety.ca (the “Website”) to which these Terms are linked (the “Order”):
- Definitions
In addition to the terms defined elsewhere in these Terms, the following terms have the following meanings: (a) “Agreement” means, collectively, these Terms, the Order, the Confirmation Email, the Policies, and any schedules attached to any of the foregoing; (b) “Policies” means the Website terms and conditions, available at: https://worksitesafety.ca/terms-conditions/, the Privacy Policy, and such other policies as Worksite Safety may identify from time to time; (c) “Privacy Policy” means the Worksite Safety privacy policy, available at: https://worksitesafety.ca/privacy-policy/; (d) “Products” means the protective equipment, reference materials, publications and/or other products to be provided by Worksite Safety, as set out in the Order; and (e) “Worksite Safety” means Worksite Safety Compliance Centre Inc.
- Acceptance
By placing an Order, you acknowledge and agree that you have read these Terms and understand and agree to be legally bound by them. You further acknowledge that the Agreement constitutes the full and complete agreement between you and Worksite Safety in relation to the purchase of the Products, and supersedes any other negotiations, discussions, price quotes or agreements, whether oral or written, between you and Worksite Safety.
- Orders
After placing an Order, you will receive an email from Worksite Safety with the details of the Order (“Confirmation Email”). The Confirmation Email will include a description of the Products, the quantity of Products ordered, and the prices paid by you to Worksite Safety. The Confirmation Email constitutes acceptance by Worksite Safety of the Order and Worksite Safety shall not be deemed to have accepted the Order until it provides such Confirmation Email. Notwithstanding the foregoing, Worksite Safety reserves the right to cancel, terminate, limit or refuse any Order due to suspected or actual evidence of fraud, violation of the Agreement, availability of stock or any other reason in its sole discretion, and will notify you as soon as reasonably possible.
- Delivery
Delivery dates for the Products will be established by Worksite Safety upon receipt and acceptance of each Order. Unless stated otherwise, any times or dates for delivery are estimates only. Shipping is handled by a third-party carrier. Orders will only be shipped to a valid mailing address in Canada and you are solely responsible for ensuring the accuracy of the mailing address stated in the Order. Title to and risk of loss of all Products shall pass to you upon delivery of the Products by Worksite Safety to the third-party carrier.
Worksite Safety shall use reasonable efforts to fulfill each Order, in accordance with the quantities set out therein. Depending on the size of the Order or the availability of the Products, you may receive several shipments to complete the Order. You acknowledge that Worksite Safety’s ability to fulfill each Order is subject to any allocations deemed necessary by Worksite Safety in the event of any Product shortages, production or delivery delays, events of force majeure or other reasons beyond Worksite Safety’s control. In such circumstances, Worksite Safety shall not be liable to you or any other person, as a result of its failure to deliver or make available the Products.
Delivery of the Products to you shall be deemed to constitute your acceptance of such Products in their entirety.
- Prices and Payment
Pricing for each Product is found on the applicable Product page of the Website. By placing an Order, you agree to pay, in full, the prices and all applicable taxes, delivery charges and any other fees in relation to the Order, either by credit card or other form of permitted payment, as identified on the Website during checkout. Taxes and delivery fees may vary for each delivery location. Unless otherwise indicated, all dollar amounts are in Canadian dollars. Prices displayed on the Website are subject to change by Worksite Safety without notice.
You will be billed for the Order at the time the Order is placed. If payment in full is not received and verified by Worksite Safety, the Order will not be processed. If Worksite Safety cancels, terminates, limits or refuses any Order for any reason, your payment will not be processed or, if already processed, Worksite Safety will issue a refund of the prices paid to your original method of payment.
- Promotional Codes
Worksite Safety may, in its sole discretion, create promotional codes that may be redeemed on the Website for discounts on certain Products (“Promo Codes”). Promo Codes are subject to any additional terms specified by Worksite Safety and the following conditions:
- Promo Codes must be used solely by the intended recipient, for the intended purpose, and in a lawful manner. Promo Codes are for personal, non-commercial use only and may not be duplicated, transferred, sold or made available to the general public (such as through public forums or websites) unless expressly permitted by Worksite Safety.
- Worksite Safety reserves the right to disable any Promo Code at any time for any reason, including, but not limited to, suspected fraud, misuse or violation of the applicable Promo Code terms. Promo Codes are not redeemable for cash and may expire prior to your use.
- Any use of a Promo Code that Worksite Safety determines, in its sole discretion, to be in error, fraudulent, illegal or in violation of the applicable terms may result in the revocation of any benefits obtained.
- Valid Promo Codes applied by you will be deducted from the fees due to Worksite Safety for the applicable Products. Promo Codes do not apply retroactively, and any refunds for items purchased using Promo Codes will be limited to the amount paid after applying the Promo Code discount, excluding the value of the Promo Code itself.
- Refunds and Exchanges
Worksite Safety will use commercially reasonable efforts to secure for your benefit, and pass on to you, any original equipment manufacturer warranties with respect any Products, or any part thereof, ordered by you from the Website. Any such third-party Products will be covered by the applicable manufacturer warranty.
For any other Products, Product returns and refunds shall only be permitted with Worksite Safety’s prior written consent, in accordance with the following refund eligibility criteria:
| Product |
Refund/Exchange Eligibility |
| Online Training Course |
· Refunds: Available by request for unopened online training courses within 90 days of the Order date.
· Credit: Available by request for unopened online training courses more than 90 days after the Order date. |
| Equipment |
· Refunds: Available for unused equipment returned in original packaging (as applicable) within 30 days of the Order date.
· Exchanges: Available for unused equipment returned in original packaging (as applicable) within 30 days of the Order date. |
| Publications/Reference Materials |
· Refunds: Available for unused publications/reference materials returned in original packaging (as applicable) within 30 days of the Order date.
· Exchanges: Available for unused publications/reference materials returned in original packaging (as applicable) within 30 days of the Order date. |
You are responsible for shipping any returned Products back to Worksite Safety, including any associated shipping fees. All returns shall be inspected by Worksite Safety upon return. Worksite Safety reserves the right to refuse the return of a Product at any time, in its sole discretion, and shall not be liable for any claims for Products returned by you without Worksite Safety’s prior written consent.
The foregoing shall be your sole and exclusive remedy for any defects or failures in Products or if you are not satisfied with any Products for any reason.
- Indemnity
To the maximum extent permitted by applicable law, you shall indemnify and hold harmless Worksite Safety and its affiliates, directors, officers, employees, agents and other representatives (collectively, “Representatives”) from and against all claims, losses, liabilities, damages, suits, actions, penalties, demands, levies, costs and expenses (including reasonable legal and advisory fees) of whatever kind or nature (collectively, “Claims”), arising from or relating to: (a) your use of the Products; (b) your breach of any term of the Agreement; (c) any act or omission by you, including, without limitation, your negligence or willful misconduct; (d) your violation of any applicable laws in connection with your use of the Products; (e) your cause of, or contribution to, the injury, illness, disability (including permanent disability) or death of a third party; and (f) your unauthorized use of any intellectual property of a third party.
- Maximum Liability
In no event will Worksite Safety be liable for any direct, indirect, punitive, special, incidental, exemplary or consequential damages, damages for loss of use, loss of data, loss of profits, business interruption, or any other damages whatsoever arising out of or in any way related to the Agreement. These limitations will apply regardless of the Claim, and regardless of whether Worksite Safety had been advised of the possibility of such damages.
If circumstances arise where you are entitled to recover damages relating to the Agreement, the aggregate liability of Worksite Safety, if any, will in no event exceed the price paid by you pursuant to the Order or $100.00 CAD, whichever is lower.
- Liability Disclaimer – Read Carefully
Except as expressly set out in the Agreement, and to the fullest extent permitted by applicable law, Worksite Safety makes no representations or warranties of any kind, whether express, implied, statutory or otherwise regarding the Products, which are provided on an “as is” and “as available” basis. Worksite Safety expressly disclaims all representations, warranties, guarantees, covenants and conditions of any kind relating to the Products, including, without limitation, any warranty or condition of merchantability, merchantable quality, durability, title, non-infringement or fitness for a particular purpose.
You are solely responsible for determining the suitability of the Products for your specific use and ensuring compliance with all applicable safety laws, regulations, and manufacturer guidelines. Worksite Safety disclaims all responsibility for any loss or damage arising from improper use, lack of training, or non-compliance with safety instructions or standards.
- Risk Acknowledgement
You acknowledge and agree that, in respect of your use or misuse of any Products, you may be engaging in activities that involve risk of bodily injury, disability, illness, disease, death, financial loss, property loss, damage, destruction or other harm of any nature which might result not only from your own actions, inactions or negligence, but also the actions, inactions or negligence of others, regardless of any pre-existing vulnerability (collectively, “Risks”). By using the Products, you acknowledge that proper training, supervision, and adherence to safety protocols are essential to mitigate these Risks. You voluntarily and knowingly assume all the Risks and accept personal responsibility for any and all loss, damage, expense (medical or otherwise), injury (including death or permanent disability), illness, accident or harm that you may suffer or incur, as a result of your use or misuse of the Products. Worksite Safety is not responsible for any injuries or damages arising from misuse, inadequate training, or failure to follow safety instructions.
- Intellectual Property
Notwithstanding any other provision in the Agreement, no title or ownership of the copyright, trademark, trade secret and other proprietary or intellectual property rights in the Products is transferred to you by virtue of the Agreement notwithstanding the use of terms such as “purchase”, “sale” or the like.
Upon purchase, Worksite Safety grants you a limited, non-transferable, non-sublicensable, and non-exclusive licence to use the Products solely for your personal, non-commercial use. You agree not to modify, reproduce, distribute or create derivative works of any Worksite Safety intellectual property, nor use the Products, or any associated intellectual property, for any commercial purpose.
Any unauthorized use, including commercial resale or distribution, sublicensing, or exploitation, of the Products may subject you to additional legal action. Worksite Safety reserves all rights to protect its intellectual property and enforce the terms of the Agreement, including, but not limited to, seeking injunctive relief and damages.
No rights or licences, express or implied, are granted to you under the Agreement except as expressly set out therein. Worksite Safety and its licensors, as applicable, retain all ownership rights in, and title to, the proprietary and intellectual property rights in the Products, and all modifications and enhancements thereto. Any rights not expressly granted are reserved by Worksite Safety and its licensors.
- Data Protection and Privacy
Worksite Safety collects and processes certain personal information related to your Order (“Personal Data”), solely for Order fulfillment and customer support purposes, as outlined in the Privacy Policy. Worksite Safety complies with applicable data protection laws, including the Personal Information Protection and Electronic Documents Act, and takes appropriate security measures to protect Personal Data against unauthorized access, disclosure or misuse.
Subject to applicable laws, you may request access, correction, or deletion of your Personal Data, or withdraw consent where processing is based on consent. Please direct such requests to Worksite Safety at [email protected].
Worksite Safety may use third party service providers for services such as payment processing and shipping under confidentiality obligations. Personal Data will be retained only as necessary to fulfill these Terms and comply with legal requirements.
- Applicable Laws
The Agreement shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to any conflict of laws provisions. You expressly attorn to the exclusive jurisdiction of the courts located in the Province of Ontario in connection with any matter arising out of or relating to the Agreement, unless otherwise agreed by Worksite Safety in its sole discretion. The parties specifically exclude the application of the United Nations Convention on Contracts for the International Sale of Goods and the application of any domestic statute that has adopted it into law.
- Force Majeure
Worksite Safety will not be liable to you or any third party for the termination or cancellation of an Order, or any delay or failure in Worksite Safety’s performance under the Agreement, due to any cause beyond its reasonable control, including, but not limited to, acts of God, epidemics, pandemics, public health emergencies, earthquakes, floods, fires, explosions, delays in transportation, unavailability of equipment or materials, breakdown, lock-outs, strikes or labor disputes, embargoes, riots, sabotage, terrorism, governmental acts or any other events that could not have been reasonably foreseen or mitigated. Worksite Safety will make reasonable efforts to resume performance as soon as practicable but reserves the right to cancel the affected Order without liability.
- Language of Agreement
Vous avez eu accès à une version française de ces Conditions. Si, néanmoins, vous choisissez d’accepter uniquement la version anglaise de ces Conditions, vous serez réputé avoir exigé que ces Conditions et tous les documents associés soient rédigés uniquement en anglais. En cas de conflit ou d’incohérence entre les versions française et anglaise du Contrat, la version anglaise prévaudra.
You have been provided access to a French version of these Terms. If, notwithstanding, you choose to accept only the English version of these Terms, you will be deemed to have required that these Terms and all related documents be drafted in English only. In the event of any conflict or inconsistency between the French and English versions of the Agreement, the English version shall prevail.
- Miscellaneous
You and Worksite Safety are independent contractors. The Agreement does not constitute either party as an agent, legal representative, sales representative, franchisee, partner, employee, servant or joint venturer for any purpose of the other party. Neither party will have any authority to make any statements, representations or commitments of any kind, or to take any action or incur any liability, which will be binding on the other party.
Any waiver of any provision of the Agreement will only be effective if in writing and signed by Worksite Safety. The failure of Worksite Safety to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision.
If any provision of the Agreement is deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions will not be affected.
These Terms are binding upon you, your heirs, executors, beneficiaries, successors and assigns and you may not assign these Terms to any other party without Worksite Safety’s prior written consent, which consent may be withheld in Worksite Safety’s sole discretion.
Upon expiration or termination of the Agreement, all provisions of the Agreement which, by their nature and surrounding circumstances, reasonably should survive expiration or termination, will survive expiration or termination of the Agreement.
In the event of any conflict or inconsistency concerning these Terms and any other terms of the Agreement, these Terms shall control and supersede any such conflict or inconsistency.
