Terms & Conditions

Terms of Service 

1. Terms

This website is operated by Power Surge Technologies Ltd. Throughout the site, the terms “we”, “us”, and “our” refer to Power Surge Technologies Ltd. Power Surge Technologies Ltd offers this website, including all information, tools, products, and services available on it, to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. 

By accessing the website at http://www.power123.com or purchasing something from Power Surge Technologies Ltd, you are agreeing to be bound by these terms of service (“Terms of Service”, “Terms”), including any additional terms, conditions, or policies referenced herein and/or available by hyperlink. You agree to be bound by all applicable laws and regulations, and you agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law. 

These Terms of Service apply to all users of this website, including without limitation users who are browsers, vendors, customers, merchants, and/or content contributors. Any new tools or features that are added to the current website shall also be subject to the Terms of Service.

Please read these Terms of Service carefully before accessing our website.

2.                 Online Store Terms of Use

By agreeing to these Terms of Service, you represent and warrant that you are at least the age of majority in your territory or province of resident, or that you are of the age of majority in your territory or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products or services for any illegal or unauthorized purpose, nor may you, in use of our products or services, violate any laws in your jurisdiction.

You must not transmit any worms or viruses, or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your license of use.

3.                 General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information) may be transferred unencrypted and may involve (a) transmission over various networks, and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without express written permission by us.

The headings used in these Terms of Service are included for convenience only and will not limit or otherwise affect these Terms.

4.                 Use License

Permission is granted to temporarily download one copy of the materials (information) on Power Surge Technologies Ltd’ website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title or ownership. Under this license, you may not:

i.                        modify or copy the materials;

ii.                        use the materials for any commercial purpose or public display (commercial or non-commercial);

iii.                        attempt to decompile or reverse engineer any software contained on the Power Surge Technologies Ltd website; or

iv.                        transfer the materials to another person or “mirror” the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions, and may be terminated by Power Surge Technologies Ltd at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession, whether in electronic or printed format.

5.                 Disclaimer

i.                        The materials provided on Power Surge Technologies Ltd’ website are provided on an “as is” basis. Power Surge Technologies Ltd makes no warranties, express or implied, and hereby disclaims and negates all other warranties including, but not limited to, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

ii.                        Furthermore, Power Surge Technologies Ltd does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site. Any reliance on the material on this site is at your own risk.

6.                 Disclaimer of Warranties; Limitations of Liability

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results obtained from use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no event shall Power Surge Technologies Ltd or its suppliers be liable for any damages of any kind (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Power Surge Technologies Ltd’ website, even if Power Surge Technologies Ltd or an Power Surge Technologies Ltd authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

7.                 Accuracy of Materials

The materials appearing on Power Surge Technologies Ltd’ website could include technical, typographical, or photographic errors. Power Surge Technologies Ltd does not warrant that any of the materials on its website are accurate, complete, or current. Power Surge Technologies Ltd may make changes to the materials contained on its website at any time without notice. However, Power Surge Technologies Ltd is under no obligation to update its website or website materials, and Power Surge Technologies Ltd is under no obligation to inform you of updates. You agree that it is your responsibility to monitor changes to our site.

8.                 Third Party Links

Power Surge Technologies Ltd has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked side. The inclusion of a link does not imply endorsement of the site by Power Surge Technologies Ltd. Use of any such linked website is at the user’s own risk. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third party links or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party websites. Carefully read the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third parties should be directed to the third party.

9.                 User Comments, Feedback, and Other Submissions

 If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

10.            Modifications

Power Surge Technologies Ltd may revise these Terms at any time without notice. By using this website you are agreeing to be bound by the most current version of these terms of service, and you are agreeing that it is your responsibility to periodically review these terms of service for any changes. We reserve the right to update, change, or replace any part of these Terms by posting updates or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Prices for our products and services are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service, or any part or content thereof, without notice at any time.

We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuation of the Service.

11.            Products and Services

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and cannot be returned or exchanged.

We reserve the right, but are not obligated, to limit the sale of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services we offer. We reserve the right to refuse any order you place with us.

We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

12.            Accuracy of Billing and Account Information

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store or through the Service. You agree to promptly update your account and other information when required, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

13.            Optional Tools

We may provide you with access to third-party tools over which we have no control, for which we have no input, and which we do not monitor.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which the tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

14.            Personal Information

Your submission of personal information through our website is governed by our Privacy Policy.

15.            Errors, Inaccuracies, and Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

16.            Prohibited Uses

In addition to other prohibitions as set forth in these Terms, you are prohibited from using this site or its contents: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, territorial, or state regulations, laws, rules, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or any related website; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for engaging in any of the prohibited uses.

17.            Indemnification

You agree to indemnify, defend, and hold harmless Power Surge Technologies Ltd and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate or reference, or your violation of any law or the rights of any third party.

18.             Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity and enforceability of any of the other remaining provisions.

19.            Termination

The obligations and liabilities of the parties incurred prior to termination of these Terms of Service shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by us or by you. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use your products or services, or when you cease using our website.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may also terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; and/or we accordingly may deny you access to our Service or any part thereof.

20.            Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, or proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

21.            Governing Law

These terms and conditions are governed by and construed in accordance with the laws of the Northwest Territories and the applicable laws of Canada, and you irrevocably submit to the exclusive jurisdiction of the courts in that location.