MobileBattery | Terms and Condition
Introduction
This website is operated by MobileBattery Marketing, Inc The terms “we,” “us,” and “our” refer to www.mobilebattery.ca The use of our website is subject to the following terms and conditions of use, as amended from time to time (the “Terms”). The Terms are to be read together by you with any terms, conditions, or disclaimers provided in the pages of our website. Please review the Terms carefully. The Terms apply to all users of our website, including without limitation, users who are browsers, customers, merchants, vendors, and/or contributors of content. If you access and use this website, you accept and agree to be bound by and comply with the Terms and our Privacy Policy. If you do not agree to the Terms or our Privacy Policy, you are not authorized to access our website, use any of our website’s services, or place an order on our website.
Use of Our Website
You agree to use our website (www.mobilebattery.ca ) for legitimate purposes and not for any illegal or unauthorized purpose, including without limitation, in violation of any intellectual property or privacy law. By agreeing to the Terms, you represent and warrant that you are at least the age of majority in your state or province of residence and are legally capable of entering into a binding contract. You agree to not use our website to conduct any activity that would constitute a civil or criminal offence or violate any law. You agree not to attempt to interfere with our website’s network or security features or to gain unauthorized access to our systems. You agree to provide us with accurate personal information, such as your email address, mailing address, and other contact details in order to complete your order or contact you as needed. You agree to promptly update your account and information. You authorize us to collect and use this information to contact you in accordance with our Privacy Policy.
General Conditions
We reserve the right to refuse service to anyone, at any time, for any reason. We reserve the right to make any modifications to the website, including terminating, changing, suspending, or discontinuing any aspect of the website at any time, without notice. We may impose additional rules or limits on the use of our website. You agree to review the Terms regularly, and your continued access or use of our website will mean that you agree to any changes. You agree that we will not be liable to you or any third party for any modification, suspension, or discontinuance of our website or for any service, content, feature, or product offered through our website.
Products or Services
All purchases through our website are subject to product availability. We may, in our sole discretion, limit or cancel the quantities offered on our website or limit the sales of our products or services to any person, household, geographic region, or jurisdiction.
Re-distribution or re-selling our any of our products is strictly prohibited and will result in loss of membership. Our products are for use by the member only. It is also the responsibility of the member to ensure that no minor under the age of 19 years old will be able to access the products we supply.
Prices for our products are subject to change without notice. Unless otherwise indicated, prices displayed on our website are quoted in Canadian dollars. We reserve the right, in our sole discretion, to refuse orders, including without limitation, orders that appear to be placed by distributors or resellers. If we believe that you have made a false or fraudulent order, we will be entitled to cancel the order and inform the relevant authorities. We do not guarantee the accuracy of the colour or design of the products on our website, but we have made efforts to ensure the colour and design of our products are displayed as accurately as possible.
Links to Third-Party Websites
Links from or to websites outside our site are meant for convenience only. We do not review, endorse, approve, or control, and are not responsible for any sites linked from or to our website, the content of those sites, the third parties named therein, or their products and services. Linking to any other site is at your sole risk and we will not be responsible or liable for any damages in connection with linking. Links to downloadable software sites are for convenience only and we are not responsible or liable for any difficulties or consequences associated with downloading the software. Use of any downloaded software is governed by the terms of the license agreement, if any, which accompanies or is provided with the software.
Use Comments, Feedback, and Other Submissions
You acknowledge that you are responsible for the information, profiles, opinions, messages, comments, and any other content (collectively, the “Content”) that you post, distribute, or share on or through our website or services available in connection with our website. You further acknowledge that you have full responsibility for the Content, including but limited to, with respect to its legality, and its trademark, copyright and other intellectual property ownership. You agree that any Content submitted by you in response to a request by us for a specific submission may be edited, adapted, modified, recreated, published, or distributed by us. You further agree that we are under no obligation to maintain any Content in confidence, to pay compensation for any Content or to respond to any Content. You agree that you will not post, distribute, or share any Content on our website that is protected by copyright, trademark, patent, or any other proprietary right without the express consent of the owner of such proprietary right. You further agree that your Content will not be unlawful, abusive, or obscene, nor will it contain any malware or computer virus that could affect our website’s operations. You will be solely liable for any Content that you create and its accuracy. We have no responsibility and assume no liability for any Content posted by you or any third party. We reserve the right to terminate your ability to post on our website and to remove and/or delete any Content that we deem objectionable. You consent to such removal and/or deletion and waive any claim against us for the removal and/or deletion of your Content.
Your Personal Information
Please see mobilebattery.ca Privacy Policy to learn about how we collect, use, and share your personal information.
Errors and Omissions
Please note that our website may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time, without prior notice (including after an order has been submitted). Such errors, inaccuracies, or omissions may relate to product description, pricing, promotion, and availability and we reserve the right to cancel or refuse any order placed based on incorrect pricing or availability information, to the extent permitted by applicable law. We do not undertake to update, modify, or clarify information on our website, except as required by law.
Disclaimer and Limitation of Liability
You assume all responsibility and risk with respect to your use of our website, which is provided “as is” without warranties, representations, or conditions of any kind, either express or implied, with regard to information accessed from or via our website, including without limitation, all content and materials, and functions and services provided on our website, all of which are provided without warranty of any kind, including but not limited to warranties concerning the availability, accuracy, completeness or usefulness of content or information, uninterrupted access, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. We do not warrant that our website or its functioning or the content and material of the services made available thereby will be timely, secure, uninterrupted or error-free, that defects will be corrected, or that our websites or the servers that make our website available are free of viruses or other harmful components. The use of our website is at your sole risk and you assume full responsibility for any costs associated with your use of our website. We will not be liable for any damages of any kind related to the use of our website. In no event will we, or our affiliates, our or their respective content or service providers, or any of our or their respective directors, officers, agents, contractors, suppliers or employees be liable to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action, or lost revenue, lost profits, lost business or sales, or any other type of damage, whether based in contract or tort (including negligence), strict liability or otherwise, arising from your use of, or the inability to use, or the performance of, our website or the content or material or functionality through our website, even if we are advised of the possibility of such damages. Certain jurisdictions do not allow limitation of liability or the exclusion or limitation of certain damages. In such jurisdictions, some or all of the above disclaimers, exclusions, or limitations, may not apply to you and our liability will be limited to the maximum extent permitted by law.
Indemnification
You agree to defend and indemnify us (www.mobilebattery.ca ) and hold us and our affiliates harmless, and our and their respective directors, officers, agents, contractors, and employees against any losses, liabilities, claims, expenses (including legal fees) in any way arising from, related to or in connection with your use of our website, your violation of the Terms, or the posting or transmission of any materials on or through the website by you, including but not limited to, any third party claim that any information or materials provided by you infringe upon any third party proprietary rights.
Entire Agreement
The Terms and any documents expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of the Terms and supersede any prior agreement, understanding, or arrangement between you and us, whether oral or in writing. Both you and we acknowledge that, in entering into these Terms, neither you nor we have relied on any representation, undertaking, or promise given by the other or implied from anything said or written between you and us prior to such Terms, except as expressly stated in the Terms.
Waiver
Our failure to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us is effective unless it is communicated to you in writing.
By booking with MobileBattery Canada/Partners, you acknowledge and agree to the following service waiver: I, (as shown in photo ID), certify that I'm an owner/authorized party responsible for the vehicle (as shown in photos) or property described and hereby authorize MobileBattery to perform service on the vehicle or home as described. I agree to pay the total amount quoted plus any additional fees, using an acceptable form of payment (refer to mobilebattery.ca). I agree to release, indemnify, and hold harmless MobileBattery and its employees from liability for any claims or damages of any kind or description that may arise from any services performed, even if caused by negligence of MobileBattery, its employees, or partnered agents. I have been informed of the possible risks involved with accepting the service I have requested. If I am receiving services under a MobileBattery partnership contractor, I understand that I am voluntarily accepting this service and I understand the risks I am solely assuming by doing so. I agree to release, indemnify, and hold harmless the partnered contractor or advertising entity and its employees from liability for any claims or damages of any kind or description that may arise from any services performed, even if caused by negligence of either entity, their employees, or partnered agents. I accept this work as satisfactory and I acknowledge that the vehicle/home has been left in good or fair condition. I acknowledge that all of the information contained; including but not limited to my drivers license photo, license plate, vin number, and other details pertaining to this transaction are the sole property of MobileBattery Canada. I assume complete responsibility for any damages that occur or have occurred due to pre-existing conditions. I understand that fraudulent card charge backs and all card disputes are investigated thoroughly by both MobileBattery and my financial institution. In the event that consumer fraudulent activity has occurred, including theft of services, theft by deception, or any other fraud related activity, I understand that MobileBattery will indefinitely notify law enforcement and my financial institution; and ultimately seek prosecution to the full extent of the law and financial restitution for all damages sustained.
Headings
Any headings and titles herein are for convenience only.
Severability
If any of the provisions of the Terms are determined by any competent authority to be invalid, unlawful, or unenforceable, such provision will to that extent be severed from the remaining Terms, which will continue to be valid and enforceable to the fullest extent permitted by law.
Governing Law
Any disputes arising out of or relating to the Terms, the Privacy Policy, use of our website, or our products or services offered on our website will be resolved in accordance with the laws of the Province of British Columbia without regard to its conflict of law rules. Any disputes, actions, or proceedings relating to the Terms or your access to or use of our website must be brought before the courts of the Province of British Columbia, in the City of Vancouver, BC, and you irrevocably consent to the exclusive jurisdiction and venue of such courts.
Battery Warranties
MobileBattery does not issue a battery warranty when a client provides their own battery for installation.
MobileBattery offers a warranty on batteries sold, delivered, and installed by authorized MB technicians or dealers.
Warranties are only valid with proof of service, MobileBattery's Certified Business Card, invoice, or bill of sale. Failure of proof may result in void of warranty.
Non-battery-related and human error may void your warranty (e.g Leaving your lights on, leaving your car for storage/parking car for extended periods of time, alternator failure, etc...)
Questions or Concerns
Please send all questions, comments, and feedback to us mobileservicesvancouver@gmail.com or at contact@mobilebattery.ca