Terms and Conditions
REfficient Inc. ("REfficient" or "we")
Website User Agreement ("Agreement")
Welcome to www.refficient.com (the "REfficient Website"). We appreciate your (the user) interest in our business. Your use of www.refficient.com is expressly conditioned on your acceptance without modification of the following terms and conditions (the "Terms and Conditions").
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. If you accept these terms and conditions, click on the "I Accept" button below. That action is the equivalent of your signature and indicates your acceptance of the terms and conditions and that you intend to be legally bound by them. If you do not agree with them, please click on the "Back" button of your browser or click on the "Cancel" button below to exit the REfficient Website.
>Note that all of the terms and conditions below are subject to the laws of the place where you live, and some of them might not be binding on you under those laws.
REfficient may modify, supplement or amend these Terms and Conditions. If so, you will be notified the next time you visit this website, and given an opportunity to accept the changes. If you do not accept, you will not be able to use this website.
The REfficient Website, its design, all text, graphics, content, video, audio and the selection and arrangement of www.refficient.com are the property of REfficient, and/or its various subsidiaries, affiliates, third party providers and distributors ("Third Parties"), and are protected under the copyright laws of Canada and other countries. None of the content found on www.refficient.com may be reproduced, republished, distributed, displayed, sold, transferred, or modified without the express written permission of REfficient or the applicable Third Parties.
REfficient, REfficient.com, OptimalAsset, The World's Sustainable Marketplace, REbillion and all other related trademarks and design marks displayed on www.refficient.com (collectively, the "Trademarks") are registered and common law trademarks of REfficient. Other trademarks and design marks appearing on this website are trademarks of their respective owners. Nothing contained on the REfficient Website should be construed as granting, by implication or otherwise, any license or right to use any trademarks, including the Trademarks, except with the express written permission of REfficient or the other party that may own the applicable trademarks.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of REfficient or its content suppliers and protected by Canadian and international copyright laws. The compilation of all content on this site is the exclusive property of REfficient and protected by Canadian and international copyright laws. All software used on this site is the property of REfficient or its software suppliers and protected by Canadian and international copyright laws.
4. Using the REfficient Website
You may use the REfficient Website only if you are able to form legally binding contracts under applicable law. You may not use the REfficient Website if you are located in a jurisdiction where access to or use of the REfficient Website or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of the REfficient Website is lawful, and you must comply with all applicable laws. REfficient reserves the right to decline to ship products to addresses outside of Canada, in its sole discretion.
Neither the REfficient Website nor its content may be, in whole or in part, copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of REfficient, except that you may download, display and print the content presented on the REfficient Website for your internal business use only. Unauthorized use of the REfficient Website and/or the content contained on the REfficient Website may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained within the content on this website. The use of that content on any other website is prohibited. You are not permitted to engage in any resale or commercial use of the REfficient Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the REfficient Website or its contents; any downloading or copying of account information from the REfficient Website for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools on the REfficient Website.
When using the REfficient Website, you:
- are prohibited from contributing, posting, or transmitting to this website any inaccurate, misleading, offensive, infringing, unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic, or profane content or any content that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law;
- must not transmit any content to this website that contains software viruses, spyware, or other electronic technologies that may harm the REfficient Website or other users or otherwise attack our website security;
- must not transmit any content to this website that contains political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam";
- must not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of product or other content; or
- must not attempt to modify or change the REfficient Website, including but not limited to, postings, prices and bids, without the written consent of REfficient.
REfficient reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. In its sole discretion, in addition to any other rights or remedies available to REfficient and without any liability whatsoever, REfficient at any time and without notice may terminate or restrict your access to any component of the REfficient Website.
5. User Name and Password
Your REfficient Website account may be accessed only by use of your login name and password. You are solely responsible and liable for any use and misuse of your login name and password and for all activities that occur under your login name and password. For security reasons, you must keep your login name and password confidential and not disclose them to any unauthorized person or permit any third party to use them, except an authorized representative of REfficient. REfficient recommends that you choose a password that is unique to your business and not easily guessed by others. You should change your password on a regular basis, and you must log out at the end of each session.
All login names and passwords remain the property of REfficient, and may be cancelled or suspended at any time by REfficient without any notice or liability to you or any other person. REfficient is not under any obligation to verify the actual identity or authority of the user of any login name or password. You must immediately notify REfficient of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised.
7. Customer Content
You are permitted to post listings and provide REfficient with feedback by email or otherwise (collectively the "Customer Content"). If you provide Customer Content you grant REfficient a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, delete, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display that Customer Content throughout the world in any media, now known or later developed, for any purpose whatsoever, commercial or otherwise, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence, and you waive any and all moral rights in the Customer Content. You also grant REfficient the right to use the name you submit with the Customer Content, if any, in connection with REfficient's rights set out in this section.
The REfficient Website may permit feedback on a specific seller or buyer through the implementation of a rating system. Any rating system implemented by REfficient is intended only as a guide. REfficient disclaims any and all liability to a party for the ratings received by that party. REfficient further disclaims liability if a party experiences a negative transaction when purchasing from, or selling to, a party with positive rating.
8. Pricing and Fees
All prices quoted are payable in Canadian Dollars and do not include shipping charges, fees, and, unless otherwise stated, do not include GST, PST, QST, HST, or any other applicable taxes or duties.
Although care is taken to ensure the accuracy of listings on the REfficient Website, typographical, illustrative or pricing errors may occur. We reserve the right to correct errors or amend listings at any time.
Joining the REfficient Website is free. REfficient charges the seller a fee for each transaction which occurs through the REfficient Website. The fees we charge are listed in the REfficient Fee Schedule a copy of which appears here: [NTD: insert link to Fee Schedule]. REfficient reserves the right to amend the REfficient Fee Schedule at its discretion.
9. Listing Terms and Conditions
As a user listing products for sale on the REfficient Website (a "Seller"), you agree to pay REfficient's fees as described in Section 8 above, to assume full responsibility for the content of the listing and products offered and to accept the following listing terms and conditions:
- The Seller is solely responsible for information provided in any listing on the REfficient Website, including description of the product, quantity, condition and location, which must be true, accurate, current and complete. The Seller will be solely responsible and liable for any and all loss, damage, and additional costs that the Seller, we or any other person may incur as a result of the Seller's submission of any false, incorrect or incomplete information. REfficient may charge the Seller a fee in the amount set out in the REfficient Fee Schedule, a copy of which appears here: [NTD: insert link to Fee Schedule], for any order placed which cannot be fulfilled due to the Seller's false, incomplete or incorrect listing, such amount being a true estimate of the costs incurred by REfficient in respect of the false, incomplete or incorrect listing.
- Notwithstanding the above, the Seller may be permitted to submit a non-verified listing on the REfficient Website. The Seller shall not be responsible for the accuracy or completeness of any non-verified listing until such time as the listing becomes verified by the Seller.
- Once an order has been placed on the REfficient Website with respect to a Seller's listing, REfficient will e-mail the Seller with a notice of sale, which will contain instructions for packaging and shipping the products. Upon confirmation of payment by the buyer, we will e-mail the Seller a shipping notice. The Seller will be responsible for any loss, damages and additional costs resulting from the Seller's failure to comply with the instructions in the notice of sale and shipping notice.
- REfficient will release payment for the products, less any amount owing to REfficient, within thirty (30) days of the earlier of (i) the buyer's acceptance of the order or (ii) final resolution of any dispute in relation to the order.
- The Seller is responsible for disposing of all electronic or other data stored on the products and for de-branding the products prior to shipment.
10. Purchase Terms and Conditions
If you purchase equipment or other items listed on the REfficient Website, you agree to accept the following purchase terms and conditions:
- Listings on the REfficient Website are invitations to you to make offers to purchase products and services on this website and are not offers to sell. Your properly completed and delivered order form constitutes your offer to purchase the products referenced in your order. Your order will be deemed to be accepted only if and when we send a confirmation of order email to your email address. That confirmation email constitutes acceptance of your order and forms a legally binding contract with the Seller.
- All amounts including applicable taxes, shipping costs, fees and duties must be paid to REfficient in full within 5 days following the completion of your order on the REfficient Website. Failure to provide payment within 5 days of your order, will result in the cancellation of your order. Orders will not be shipped until payment is received. The risk of loss and title for purchased items pass to you upon delivery to the carrier.
- Payments may be made by wire payment, Paypal, Visa or Mastercard.
- REfficient reserves the right to reject, correct, cancel or refuse orders, and to terminate accounts, in its discretion, including, without limitation, if REfficient believes that customer conduct violates applicable law or is harmful to the interests of REfficient.
- If you are not satisfied with your order, you will have 5 days following your receipt of the products to provide REfficient with written notice that you are rejecting the delivery of the products (the "Notice of Rejection"). The Notice of Rejection must be delivered to REfficient via REfficient's on-line feedback form, a link to which will be sent to you via e-mail following the placement of your order. If you fail to provide REfficient with the Notice of Rejection within 5 days following receipt of the products, you will be deemed to have accepted the products.
- Any Notice of Rejection shall include a description of the reason for rejection of the products. All Notices of Rejection will be handled by REfficient in accordance with its Dispute Resolution Policy.
- No refunds or exchanges will be granted.
- We rely on the information you provide through this website, including registration information (name and email address), payment information (i.e. credit card numbers and expiration dates), and transaction-related information, which must be true, accurate, current and complete. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, we or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration and payment information.
- You will not participate in e-waste trade or hazardous export business to non-OECD (Organization for Economic Co-Operation and Development) member countries. For more information please visit www.ban.org
11. LIABILITY DISCLAIMER — READ THE FOLLOWING CAREFULLY
Except as explicitly provided in these Terms and Conditions as amended from time to time or otherwise explicitly stated by REfficient in writing, REfficient and the Third Parties make no representations or warranties of any kind, express or implied, regarding the REfficient Website and/or any content, products or services provided on the REfficient Website, all of which are provided on an "as is" and "as available" basis. REfficient does not warrant the accuracy, completeness, currency, reliability or suitability of the operation of the REfficient Website, or any of the content or data found on the REfficient Website, and expressly disclaims all warranties and conditions in respect of the REfficient Website, its content or data, and any products or services offered for sale on the REfficient Website, including implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade.
REfficient is not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications.
REfficient assumes no responsibility, and will not be liable for, any damages to, or any viruses affecting your computer equipment or other property on account of your access to, use of, or browsing on the REfficient Website or your downloading of any materials, data, text, images, video or audio from the REfficient Website.
If REfficient should be found liable for any loss or damage which arises out of or is in any way connected with any of the functions or uses of the REfficient Website or its content, or any of the products or services offered on the REfficient Website, the liability of REfficient will in no event exceed $250. In no event will REfficient be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, direct, indirect, incidental or consequential damages of any kind (including, but not limited to economic loss, lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with any use of the REfficient Website or its content, the operation of this website or any failure or delay in the operation of this website (including, but not limited to the inability to use any component of the REfficient Website for purchases), or any of the products or services offered on the REfficient Website, even if advised of the possibility of damages.
You will indemnify and save harmless REfficient and the Third Parties and their respective officers, directors, employees, consultants, representatives and agents from and against any claim, cause of action or demand, including without limitation reasonable legal, accounting and other professional fees, brought as a result of your use of the REfficient Website.
13. Product Warranties
Each item sold on the REfficient Website is provided on a "as is" basis without warranty as to its condition, except as provided herein. Any product warranty is given by the Seller in writing and not REfficient.
The Seller warrants to the buyer that the products will be supplied in the condition set forth in its listing, as further described in REfficient's Conditions & Warranty policy, a copy of which appears here: [NTD: insert link to Conditions & Warranty Schedule]. If the products fail to meet the condition set forth in the Seller's listing, the buyer's sole remedy is as set forth in REfficient's Conditions & Warranty policy.
The buyer may be permitted to purchase warranties in addition to those provided by the Seller, in accordance with REfficient's Conditions & Warranty policy.
14. Shipping, Risk of loss
The buyer is responsible for all shipping costs and duties. Shipping costs will be available to the buyer prior to confirming its purchase order. How soon the product is received following the placement of your order depends on the shipping method chosen and the submission of payment for the products. The risk of loss and title for purchased items pass to the buyer upon the Seller's delivery to the carrier.
15. Dispute Resolution
The buyer and Seller agree that all disputes, disagreements, controversies, questions or claims arising out of a sale transaction occurring through the REfficient Website will be determined in accordance with REfficient's Dispute Resolution Policy, the terms of which appear here: [NTD: insert link to policy]. Any resolution under REfficient's Dispute Resolution Policy will be final and binding upon the buyer and the Seller. REfficient reserves the right to amend its Dispute Resolution Policy at its discretion.
The REfficient Website may contain links to websites owned or operated by other entities which are not associated or affiliated with REfficient or the Third Parties. These links are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by REfficient or the Third Parties of the linked website or information contained therein or of their security or privacy practices. REfficient and the Third Parties will not be responsible for the content of any other linked websites and makes no representation or warranty regarding any other websites or the contents on those websites. If you decide to access other websites, you do so at your own risk. Framing of the REfficient Website or any of its content in any form and by any method is strictly prohibited.
Linking to any other website is at your sole risk and REfficent will not be responsible or liable for any damages in connection with such linking. In addition, REfficient does not endorse or approve of any websites linked from or to the REfficient Website, except for other websites operated by REfficient. You may not gather, extract, reproduce and/or display on any other non-REfficient Website or other online service, any material on or from the REfficient Website, whether or not by the use of spiders or other 'screen scraping' software or system used to extract data without the express consent of REfficient.
If you download any software, we are not responsible or liable for any difficulties or consequences associated with downloading that software. The use of any downloaded software is governed by the terms of the applicable license agreement, if any, which accompanies that software or is provided with that software or in these Terms and Conditions.
Sections 7 and 11-17 of these Terms and Conditions will survive the termination of your access to the REfficient Website.
The relationship between REfficient and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of these Terms and Conditions or your use of the REfficient Website.
Governing laws, Jurisdiction
You consent and submit to the exclusive jurisdiction of the courts located in the City of Hamilton, in the Province of Ontario, Canada, in all disputes arising out of or relating to the use of the REfficient Website and these Terms and Conditions. This Agreement and its performance will be governed by the laws of the Province of Ontario, Canada, and the federal laws of Canada applicable in Ontario.
You agree to abide by all policies posted on the REfficient Website. Such policies form part of the Terms and Conditions and provide additional terms and conditions applicable to specific website functions available on the REfficient Website, including the following:
- REfficient Conditions & Warranty
- REfficient Dispute Resolution Policy
- REfficient Fee Schedule
- REfficient Packaging Protocol
- REfficient Supplier Package
These Terms and Conditions will be severable. In the event that any provision is determined to be unenforceable or invalid, that provision will nonetheless be enforced to the fullest extent permitted by applicable law, and that determination will not affect the validity and enforceability of any other remaining provisions of these Terms and Conditions.
The headings used in these Terms and Conditions are included for convenience only and will not limit or otherwise affect these Terms and Conditions.
These Terms and Conditions, together with those incorporated or referred to herein, constitute the entire agreement between us relating to the subject matter hereof, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except by REfficient as set out above.
When you visit the REfficient Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Please direct enquiries to REfficient's registered business address at 450 Sherman Avenue North, Hamilton, Ontario L8L 8J6, Canada, or by telephone at 905-544-5000 or toll-free at 1-855-RE-TODAY (738-6329) or by facsimile at 905-364-5288 or by e-mail at info@REfficient.com.
The parties have requested that these Terms and Conditions and all documents contemplated hereby be drawn up in English. Les parties aux présentes ont exigé que cette entente et tous autres documents envisagés par les présentes soient rédigés en anglais.