Terms & Conditions
WELCOME TO GESCO.CA, A WEBSITE OWNED AND OPERATED BY GESCO INDUSTRIES LP. YOUR USE OF THIS SITE AND ALL OTHER GESCO INDUSTRIES LP WEBSITES IS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH BELOW. GESCO INDUSTRIES LP OFFERS THIS SITE TO YOU SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS AND THE GESCO INDUSTRIES LP PRIVACY POLICY FOUND AT https://www.gesco.ca/en-ca/terms AND INCORPORATED HEREIN BY REFERENCE AND YOUTUBE’S TERMS OF SERVICE ("Terms"). YOUR USE OF OR VISIT TO THIS SITE SHALL BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, PLEASE DO NOT USE THIS SITE. IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS, PLEASE CONTACT info@gesco.ca.
Although we may attempt to notify you when major changes are made to these Terms, you should periodically review the most up-to-date version at https://www.gesco.ca/en-ca/terms. GESCO INDUSTRIES LP may, in its sole discretion, modify or revise these Terms at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms shall be deemed to confer any third-party rights or benefits.
General Use Restrictions
GESCO INDUSTRIES LP or third parties granting rights to GESCO INDUSTRIES LP hold all right, title, and interest in and to the Content on this Site, which are the copyrighted work of GESCO INDUSTRIES LP or such third parties. "Content" includes the text, software, scripts, apps, graphics, photos, sounds, music, videos, audio & visual combinations, interactive features and other materials you may view on, access through, or contribute to the Site. GESCO INDUSTRIES LP authorizes you to view, download and print a single copy of the Content provided on this Site for your personal, non-commercial use only, but you may neither remove any copyright, trade-mark or other proprietary notices from such copy nor modify the Content. Except as otherwise set out in these Terms, you have no right to copy, download, display, perform, reproduce, distribute, transmit, broadcast, sell, license, modify, edit, alter, enhance or otherwise exploit any of the Content, in whole or in part, in any manner or format without the advanced written authorization of GESCO INDUSTRIES LP and you agree not to "frame" or "mirror" the Site, any Content contained on or accessible from this Site on any other server or Internet-based device without the advanced written authorization of GESCO INDUSTRIES LP. GESCO INDUSTRIES LP reserves the right to take such steps as it deems necessary, including legal action, to restrain any unauthorized activity and suspend or terminate your access to this Site. Your authorization to use this Site terminates automatically, without notice to you, if you breach any of these Terms. Upon termination, you must immediately destroy any downloaded and printed Content.
GESCO INDUSTRIES LP and its licensors reserve all rights not expressly granted in and to the Content.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content therein.
Should GESCO INDUSTRIES LP become aware of inappropriate use of the Site or any of its Services (defined below in the "Availability" section), GESCO INDUSTRIES LP will respond in any way that, in its sole discretion, GESCO INDUSTRIES LP deems appropriate. You acknowledge that GESCO INDUSTRIES LP will have the right to report to law enforcement authorities any actions that may be considered illegal, as well as any reports it receives of such conduct. When requested, GESCO INDUSTRIES LP will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.
Availability
GESCO INDUSTRIES LP has several websites advertising products, services, content and various other functionalities (collectively the "Services") to specific regions across Canada. The Services offered in one region may differ from those in other regions due to availability, local or regional laws and other considerations. GESCO INDUSTRIES LP does not make any warranty or representation that a user in one region may obtain the Services from the GESCO INDUSTRIES LP site in another region.
Information GESCO INDUSTRIES LP publishes on the World Wide Web may contain references or cross references to GESCO INDUSTRIES LP products, programs and services that are not announced or available in your area. Such references do not imply that GESCO INDUSTRIES LP intends to announce such products, programs or services in your area. Please contact info@gesco.ca. for information regarding the products, programs and services, which may be available to you.
Third Party Interaction and Links to Third Party Sites
In your use of the Site, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or members or sponsors of the Site. Unless otherwise stated, any such correspondence, advertisement, purchase or promotion, including the delivery of and the payment for goods and/or services, and any other express or implied term, condition, warranty or representation, including any implied warranty or condition of merchantability associated with such correspondence, purchase or promotion, is solely between you and the applicable third party. You agree that GESCO INDUSTRIES LP has no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party.
This Site may be linked to third party websites that are not owned or under the control of GESCO INDUSTRIES LP. Such links do not constitute an endorsement by GESCO INDUSTRIES LP of any such sites. You acknowledge that GESCO INDUSTRIES LP is providing these links to you only as a convenience, and you agree that GESCO INDUSTRIES LP is not responsible for the content or links displayed on such sites to which you may be linked.
The Service may contain links to third party websites that are not owned or controlled by GESCO INDUSTRIES LP. GESCO INDUSTRIES LP has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, GESCO INDUSTRIES LP will not and cannot censor or edit the content of any third-party site. You expressly relieve GESCO INDUSTRIES LP from any and all liability arising from your use of any third party website.
Accordingly, we encourage you to be aware when you leave the GESCO INDUSTRIES LP Site and to read the terms and conditions and privacy policy of each other website that you visit.
Disclaimer of Warranties
Your use of this Site and its Content is at your own risk and should not be relied upon. This Site and its Content may include inaccuracies or errors that may affect the quality of the materials or services available on the Site or from GESCO INDUSTRIES LP, or your product warranties. The Content has not been independently verified or authenticated in whole or in part by GESCO INDUSTRIES LP, GESCO INDUSTRIES LP does not warrant the accuracy, usefulness, safety, or timeliness or intellectual property rights of the Content. GESCO INDUSTRIES LP has no liability for any errors or omissions in the Content, whether provided by GESCO INDUSTRIES LP or third parties.
Although GESCO INDUSTRIES LP will not be liable for your losses caused by any use of the Site, you may be liable for the losses of GESCO INDUSTRIES LP or others due to your unauthorized use.
You further understand and acknowledge that you may be exposed to Content that is inaccurate, dramatized, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against GESCO INDUSTRIES LP or any affiliate with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless GESCO INDUSTRIES LP, its owners, directors, officers, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Site or Content.
To the extent you purchase any products or services from GESCO INDUSTRIES LP or any affiliate, you agree to follow and comply with the manufacturers' recommended installation and maintenance instructions, notwithstanding any information available on or through this Site or anything you may learn otherwise from the Content.
THIS SITE IS PROVIDED TO YOU ON AN "AS IS" AND "WHERE-IS" BASIS, WITHOUT ANY WARRANTY. GESCO INDUSTRIES LP, FOR ITSELF, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND ANY THIRD PARTY PROVIDING MATERIALS, SERVICES, OR CONTENT TO THIS WEBSITE, MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE, THE CONTENT, OR YOUR USE THEREOF, INCLUDING BUT NOT LIMITED TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY CONTENT, MATERIAL, INFORMATION, PRODUCT, OR SERVICE CONTAINED ON THE SITE OR LINKED TO THE SITE. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED.
Limitation of Liability
IN NO EVENT SHALL GESCO INDUSTRIES LP, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE OR CONTENT, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GESCO INDUSTRIES LP IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT GESCO INDUSTRIES LP SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Exception for EU citizens: IF YOU ARE RESIDENT IN THE EUROPEAN UNION, GESCO INDUSTRIES LP CO. DOES NOT EXCLUDE OR LIMIT ITS LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.
Inaccuracies or Errors
The descriptions, pictures and other representations of products on this site may contain inaccuracies and errors. GESCO INDUSTRIES LP does not make any warranty or representation with respect to the accuracy or completeness of any such information. Users should not rely on any opinion or other information set out in this Site when making business, financial, personal or other decisions.
Furthermore, the availability of products on this Site may change without notice to you at any time in GESCO INDUSTRIES LP's sole discretion.
Prices shown do not include taxes. We reserve the right to adjust prices when necessary and also to substitute or discontinue any item which may become unavailable. We reserve the right to correct printing or technical errors. The price is accurate on the date displayed but may be subject to change without notice. Pricing at stores may vary slightly based on store location and market conditions. Dealers may sell products at a higher or lower cost. GESCO INDUSTRIES LP and all of its subsidiaries are not liable for pricing errors. Products on the website are subject to availability and may not be exactly as pictured. Installation is not included in price. Freight or transport cost may vary.
Indemnity
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless GESCO INDUSTRIES LP, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) your use of and access to the Site; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Site and Service.
Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 18, as the Site is not intended for children or minors. If you are under the age of 18, then please do not use the Site. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by GESCO INDUSTRIES LP without restriction.
Local Laws; Export Control
GESCO INDUSTRIES LP, and all of its subsidiaries controls and operates this Site from its headquarters in the Canada and makes no representation that the Site or Content are appropriate or will be available for use in other locations. Unless otherwise explicitly stated, all marketing or promotional materials found on this Site are solely directed to individuals, companies or other entities located in Canada. If you use this Site from outside Canada, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations.
Intellectual Property
In your use of the Site, you will comply with all applicable laws. You agree to assign ownership of, and waive any rights you may have in, any content, comments or ideas submitted to GESCO INDUSTRIES LP or any affiliate in favour of GESCO INDUSTRIES LP (or as GESCO INDUSTRIES LP may direct). GESCO INDUSTRIES LP shall be free to use any ideas or suggestions you submit and obtain intellectual property protection for the same on its own behalf. You warrant that any content or ideas you submit to GESCO INDUSTRIES LP are yours alone and do not violate any one else's rights or applicable law.
The Content on the Site, and the trademarks, service marks and logos ("Marks"), are owned by or licensed to GESCO INDUSTRIES LP, subject to copyright and other intellectual property rights under the law.
Copyright 2007, GESCO INDUSTRIES LP, all rights reserved. The GESCO INDUSTRIES LP and all of its subsidiary properties trade-marks, and related words or logos may constitute trade-marks or registered trade-marks of GESCO INDUSTRIES LP, and all of its subsidiaries. Nothing in these Terms or in the Site shall be construed as granting a licence to you to use any of such marks or names. The names of other companies, products or services referred to on the Site may be the trade-marks of their respective owners. Any unauthorized use of any of the trade-names or trade-marks of GESCO INDUSTRIES LP, and all of its subsidiaries or of any third party is strictly prohibited and GESCO INDUSTRIES LP reserves the right to take such steps as it deems necessary, including legal action, to enforce its rights. To obtain authorization to use our trade-marks, please contact us at info@gesco.ca.
Terms of Use Revisions
GESCO INDUSTRIES LP may revise these Terms at any time without notice by updating this posting. Your continued use of the Site after such modifications have been made will constitute your acceptance of such revised Terms. These terms were last updated on November 24th 2016.
Unauthorized Activities
Submissions and unauthorized use of any materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations. You shall indemnify and hold GESCO INDUSTRIES LP and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including lawyer's fees) incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Site violates any applicable law or regulation, or the rights of any third party.
General
You agree that: (i) the Site and Service shall be deemed solely based in Canada; and (ii) the Site shall be deemed a passive website that does not give rise to personal jurisdiction over GESCO INDUSTRIES LP, either specific or general, in jurisdictions other than Canada. These Terms of Service shall be governed by the laws of the Province of Ontario, Canada, without respect to its conflict of laws principles. Any claim or dispute between you and GESCO INDUSTRIES LP that arises in whole or in part from the Site or Service shall be decided exclusively by a court of competent jurisdiction located in Toronto, Ontario, Canada. These Terms of Service, together with the Privacy Policy at https://www.gesco.ca/en-ca/terms and any other legal notices published by GESCO INDUSTRIES LP, shall constitute the entire agreement between you and GESCO INDUSTRIES LP concerning the Site. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and GESCO INDUSTRIES LP's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. GESCO INDUSTRIES LP reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of or access to the Site following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND GESCO INDUSTRIES LP AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Dated: November 24th 2016
Privacy Policy
We at GESCO INDUSTRIES LP (the "Company") are committed to maintaining the privacy and security of the Personal Information of all our employees, customers as well as visitors to our Company websites. As a part of that commitment, the Company has implemented this Privacy Policy to apply to our Company websites namely gesco.ca and all subsidiary sites (the "Sites") owned and operated by the Company, so that you know what information about you we collect, why we collect it, how we use that information, the choices we offer, including how to access and update information. Your privacy matters to us, so please do take the time to get to know our practices - and if you have any questions, contact us at marketing@gesco.ca.
Information We Collect
The Company collects personal information about you when you voluntarily provide it or through the use of Cookies (see cookies section below). Personal information may include, but is not limited to, any information that is about you or could be used to identify you, such as your name, email address, mailing address, telephone number, IP address and any optional personal information that you supply to us through the Sites.
Purposes for Collecting Your Personal Information
We collect your personal information to provide better services to all of our Site users - from providing, maintaining, protecting and improving our Sites, to providing you with brochures you have requested, product information and promotions.
Consent
Whenever you voluntarily provide information through your access to or use of the Sites, or by contacting the Company through other means, you consent to the collection, use and disclosure of that information in accordance with the provisions of this Privacy Policy.
How We Collect Your Personal Information
When you visit one of our Sites and submit a Brochure Request Form to receive information concerning products listed on our Sites or you participate in a contest or other marketing promotion you will be asked to provide personal information (such as name, email address, telephone number and mailing address) for the purpose of administering your request and contacting you. When you provide your contact information, we may also ask you to provide optional personal information such as demographic information (e.g. age) and profile information (e.g. purchasing preferences, experience in home renovations). It is not necessary to provide this optional persona; information in order to receive a response to your request.
In addition, at the time you provide your personal information you may be given the opportunity to opt-in to receiving updates and notifications regarding special promotions, new products and other information about our company, which may interest you ("Promotional Mailings"). If you authorize us to send you Promotional Mailings, we may do so by using either the e-mail or the mailing address you provided. If you no longer wish to receive Promotional Mailings, send us an email at marketing@gesco.ca indicating you no longer wish to receive such mailings from us.
Finally, the Company may collect information voluntarily provided by you, via the Sites or otherwise, for the purposes of recruitment opportunities or customer feedback. Some of the information that you provide through these areas may be personal information and is subject to the terms of this Privacy Policy.
Changes
The Company reserves the right to change this Privacy Policy at any time without notice. Your use of or access to the Site indicates your acknowledgement of this Privacy Policy and consent to the collection, use and disclosure of your personal information in accordance with this Privacy Policy. The Privacy Policy posted at any time shall be deemed to be the Privacy Policy then in effect. This Privacy Policy was last updated in November 24th 2016.
Cookies
Cookies are small data files that are sent to your browser and stored on your computer's hard-drive when you visit certain web sites, thereby "tracking" your use of the Sites. Our cookies do not contain any personally identifying information. We use cookies to allow you to access certain areas of our Sites. Most browsers automatically accept cookies, but you can set your browser to refuse cookies or to alert you when cookies are being sent.
Use of Information
In the instance where a Customer has chosen to provide personal information this information will be used as it relates to the processing of your order. The Company uses personal information of visitors to our Sites in order to respond to your request or, if you checked the opt-in box, to send you Promotional Mailings.
The Company may also use your personal information to create aggregated information that does not allow you to be personally identified or contacted. Rather than showing individual activity, aggregated information shows user behaviour as a whole (for example, information might be compiled in order to calculate the number of customers living in certain geographic areas). Aggregated information is used to evaluate the use of our Sites for development of the Sites, new products and services and marketing initiatives. The Company may disclose aggregated information to its affiliates and to agents appointed by it for purposes of administration or operation of the Sites.
When We Disclose Your Personal Information
Except as provided in this Privacy Policy, the Company does not disclose, give, rent or sell your personal information collected through the Sites to any third party. Access to your personal information is restricted to selected Company employees, representatives or agents.
Agents appointed by the Company to assist with or operate the Sites or administer the Company's marketing programs will have access to your personal information for these purposes. Such agents are required by the Company to comply with the provisions of this Privacy Policy and are prohibited from disclosing personal information to third parties except as required by law.
The Company reserves the right to co-operate fully with local, provincial and federal officials in any investigation relating to any personal information (including private electronic communications transmitted on the Company website) or any purported unlawful activities.
The Company reserves the right to disclose and/or transfer personal information to a third party in the event of a proposed or actual sale, merger or other transfer of the assets or shares of the Company, an affiliate or division thereof, provided that the third party agrees to adhere to the principles expressed in this Privacy Policy and the personal information does not constitute all or substantially all of the assets being transferred.
How We Protect Your Personal Information
The Company makes all commercially reasonable efforts to ensure that personal information collected from you is protected against loss and unauthorized access. Personal information is collected and stored in a secure manner as required by the Company.
Retention and Destruction of Personal Information
Documents regarding your personal information will be retained only for the period required by law or as operationally necessary and then destroyed/erased in a confidential manner.
Links to Third Party Sites
The Sites may offer links to other websites. You should be aware that operators of linked websites might also collect your personal information (including information generated through the use of cookies) when you link to their websites. The Company is not responsible for how such third parties collect, use or disclose your personal information, so it is important to familiarize yourself with their privacy policies before providing them with your personal information.
Contacting Us
Employees wishing to request access to their own personal information or have any questions about this privacy policy, should contact the National Human Resources Manager at 905-789-3755. Customers who have credit related issues should contact the National Credit Manager at 905-789-3755. You can request changes to your personal information or that your personal information be removed from our and our agents' databases by sending an e-mail detailing your request to marketing@gesco.ca.
