Terms of service
Terms of Service
Last Updated: 2024-12-22
Welcome to Tub Gurus (“we”, “our”, “us”). These Terms of Service (“Terms”) govern your access to and use of our website www.tubgurus.ca (“Site”) and any related services provided by us. By accessing or using our Site, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use our Site.
1. Acceptance of Terms
By using our Site and services, you confirm that you are at least 18 years old and capable of forming a binding contract. These Terms apply to all visitors, users, and others who wish to access or use the Site.
2. Changes to Terms
We reserve the right to modify or replace these Terms at any time. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site after any changes constitutes acceptance of the new Terms. Please review these Terms periodically for updates.
3. Use of the Site
a. Eligibility
You must be at least 18 years old to use our Site. By agreeing to these Terms, you represent and warrant that you meet this age requirement.
b. Account Registration
To access certain features of our Site, you may need to create an account. You agree to:
- Provide accurate, current, and complete information during registration.
- Maintain and promptly update your account information.
- Keep your password secure and confidential.
- Notify us immediately of any unauthorized use of your account.
We are not liable for any loss or damage arising from your failure to comply with these obligations.
c. Prohibited Activities
You agree not to:
- Use the Site for any unlawful purpose or in violation of any local, state, national, or international law.
- Infringe upon the intellectual property rights of others.
- Transmit any harmful code, viruses, or malware.
- Engage in any activity that disrupts or interferes with the Site’s functionality.
- Collect or store personal data of other users without their consent.
4. Product Information and Availability
We strive to provide accurate information about our products. However, we do not warrant that product descriptions, prices, availability, or other content on the Site are accurate, complete, or error-free.
a. Product Descriptions
We reserve the right to modify or update product information at any time without prior notice. Errors may occur, and we do not accept liability for any such inaccuracies.
b. Availability
All products are subject to availability. We reserve the right to limit the quantity of any product we supply, suspend or discontinue a product, or impose additional restrictions as necessary.
5. Orders and Payments
a. Order Acceptance
By placing an order, you offer to purchase products subject to these Terms. We reserve the right to refuse or cancel any order for reasons including but not limited to product or service availability, errors in pricing, or suspected fraudulent activity.
b. Pricing and Payment
All prices are listed in Canadian Dollars (CAD) and are subject to change without notice. Payment is required at the time of ordering through the available payment methods on the Site.
6. Shipping and Delivery
Please refer to our Shipping Policy for detailed information on shipping methods, costs, and delivery times.
7. Returns and Refunds
Please refer to our Return & Refund Policy for comprehensive details on returns, refunds, and exchanges.
8. Intellectual Property
a. Ownership
All content on the Site, including text, graphics, logos, images, and software, is the property of Tub Gurus or its content suppliers and is protected by Canadian and international intellectual property laws.
b. Limited License
We grant you a limited, non-exclusive, non-transferable license to access and use the Site for personal, non-commercial purposes. You may not:
- Modify, reproduce, distribute, create derivative works from, or otherwise exploit any content without our prior written consent.
- Use any meta tags or any other hidden text utilizing our name or trademarks without our express permission.
9. User-Generated Content
If you submit reviews, comments, or other content to the Site, you grant us a non-exclusive, royalty-free, perpetual, and worldwide license to use, reproduce, modify, and distribute such content in any media.
You are responsible for ensuring that your content does not violate any laws or infringe upon any third-party rights. We reserve the right to remove any content that violates these Terms or is deemed inappropriate.
10. Limitation of Liability
To the fullest extent permitted by law, Tub Gurus and its affiliates, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Site or products, even if advised of the possibility of such damages.
11. Disclaimers
a. "As Is" Basis
The Site and all content, products, and services provided through the Site are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied.
b. No Warranty of Accuracy
We do not warrant that the Site will be error-free, secure, or free from viruses or other harmful components.
c. Fitness for Purpose
We do not guarantee that the products will meet your specific requirements or that their operation will be uninterrupted or error-free.
12. Indemnification
You agree to indemnify, defend, and hold harmless Tub Gurus, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including legal fees, arising out of or in any way connected with your access to or use of the Site or your violation of these Terms.
13. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to its conflict of law principles. Any disputes arising from these Terms or your use of the Site shall be subject to the exclusive jurisdiction of the courts located in Toronto, Ontario.
14. Severability
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect.
15. Entire Agreement
These Terms constitute the entire agreement between you and Tub Gurus regarding your use of the Site and supersede all prior agreements and understandings, whether written or oral.
16. Contact Information
If you have any questions about these Terms, please contact us:
- Email: service@tubgurus.ca
- Phone: 647-370-7696
- Address: 32 Davenport Rd, Unit 604, Toronto, ON M5R 0B5, Canada