Terms of Use

Welcome to the Internet Site of Mark’s Commercial, a division of Mark’s Work Wearhouse Ltd. This Internet Site comprises various Web pages and is owned and operated by Mark’s Work Wearhouse Ltd. or its subsidiaries and affiliates (collectively referred to herein as “Mark’s”). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS INTERNET SITE since use of this Internet Site is subject to the legal terms and conditions outlined below (collectively, the “Terms of Use”).

Your use of this Internet Site in any manner constitutes your acknowledgement that you have read the Terms of Use and that you agree to follow and be bound by them. Mark’s reserves the right to modify or change the Terms of Use at any time without prior notice to you. Therefore, we urge you to read them carefully each time you use this Internet Site.

ACCURACY

While we strive to ensure all the information on this site is accurate, errors may occur We make no representation as to the completeness, accuracy, product or service suitability, or currentness of any information on this Internet Site. For example, products included on this Internet Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Internet Site. In addition, we may make changes in information about price, sizing, styles, colours, and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

You may copy electronically or print hard copies of any of the Web pages from this Internet Site provided that such copying or printing is for your personal non-commercial and lawful use, and provided that such copies clearly display the copyright, trademark and any other proprietary notices of Mark’s. Except when the express written authorization of Mark’s is granted, you may not copy, transmit, distribute, display, perform, reproduce, publish, transfer, or create derivative works of any of the Web pages and information (including any portion of them) which is obtained from this Internet Site. Mark’s reserves complete title and full intellectual property rights in any material that you may copy electronically or print from this Internet Site.

LINKS TO OTHER INTERNET SITES ARE NOT ENDORSEMENT

This Internet Site may contain links to other Internet Sites which are provided to you for your convenience. Please note that the provision of any links to other Internet Sites does not constitute an endorsement by Mark’s of such linked Internet Sites. All such other Internet Sites are wholly independent from this Internet Site and from Mark’s and Mark’s has no control or power over such other Internet Sites including their content. If you visit any of the linked Internet Sites, we urge you to review their respective terms and conditions of use as well as their policies on privacy and security.

PROHIBITED OR UNLAWFUL USE

You warrant to Mark’s that you will not use this Internet Site for any purpose that is either unlawful or prohibited by the Terms of Use. You agree not to use this Internet Site in any manner which could cause it to be disabled, damaged, overloaded, or impaired or interfere with any other person’s use and enjoyment of this Internet Site. You may not misrepresent your identity or location as a user and you may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this Internet Site. Furthermore, creating or maintaining any link from another web site to any page on this Internet Site without Mark’s prior written permission is prohibited. Running or displaying this Internet Site or any information or material displayed on this Internet Site in frames or through similar means on another Web site without Mark’s prior written permission is prohibited. Any permitted links to this Internet Site must comply will all applicable laws, rule and regulations.

PROPRIETARY RIGHTS

“Mark’s logos and trademarks, as well as certain other names, words, logos, slogans, images, marks, trade names, and trademarks used on this Internet Site, are the properties of their respective owners. You may not use, reproduce, copy or manipulate any such logos, trademarks, slogans, images, marks, or trade names in any manner without the prior written consent of the owner. All content of this Internet Site, including all information, design, code, images, sound, photographs, video, illustrations, links to other Internet Sites, icons, graphics, headers, text, data and software (collectively, “Content”) and the presentation, arrangement, coordination, enhancement and selection of such Content are subject to intellectual property rights, including copyright, trademark, or other proprietary rights or licenses held by Mark’s or a Mark’s affiliate or by third parties who have licensed their rights to Mark’s. All such rights are expressly reserved. You may not modify the information or materials displayed on or that can be downloaded from this Internet Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.

FEEDBACK

This Internet Site may enable you to provide it with feedback. If you provide feedback you grant Mark’s a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicencable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such feedback throughout the world in any media. You also grant Mark’s the right to use the name you submit with the feedback, if any, in connection with the feedback. Other than personally identifiable information, which is subject to this Internet Site's Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to this Internet Site in any manner ("User Communications") is and will be considered non-confidential and non-proprietary. Mark’s and its respective affiliates and our or their designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. Mark’s may, but are not obligated to, monitor or review any User Communications. Mark’s will have no obligation to use, return, review, or respond to any User Communications. Mark’s will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Mark’s retain the right to remove any or all User Communications that includes any material we deem inappropriate or unacceptable.

DISCLAIMER

PLEASE NOTE THAT ALL CONTENT ON THIS INTERNET SITE IS PROVIDED ON A “AS IS” AND “AS AVAILABLE” BASIS. MARKS’S DISCLAIMS, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND LIABILITIES OF MARK’S, WHETHER EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THIS INTERNET SITE OR ANY OTHER INTERNET SITE LINKED TO THIS INTERNET SITE AND ANY CONTENT ON THIS INTERNET SITE OR ANY OTHER INTERNET SITE LINKED TO THIS INTERNET SITE, INCLUDING, BUT NOT LIMITED TO, ANY: IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; IMPLIED WARRANTY OF NON-INFRINGEMENT; AND CLAIM IN TORT (INCLUDING NEGLIGENCE). WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT MARK’S DOES NOT REPRESENT OR WARRANT THAT THIS INTERNET SITE WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT THIS INTERNET SITE OR THE SERVER THAT MAKES THIS INTERNET SITE AVAILABLE ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS OR OMISSIONS OR FROM VIRUSES OR OTHER HARMFUL COMPONENTS. MARK'S 4 DOES NOT WARRANT THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED IN THIS INTERNET SITE, INCLUDING ANY ADVICE OR OTHER SIMILAR INFORMATION OBTAINED BY YOU FROM US OR THROUGH THIS INTERNET SITE. MARK'S 4 DOES NOT MAKE ANY REPRESENTATION THAT THE CONTENT PROVIDED IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF CANADA.

LIMITATION OF LIABILITY

IN NO EVENT SHALL MARK'S, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, SUCCESSORS OR ASSIGNS OR OTHER REPRESENTATIVES BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE-WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, INABILITY TO USE, OR RESULTS OF USE OF, THIS INTERNET SITE OR ANY CONTENT ON THIS INTERNET SITE EVEN IF MARK'S OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS INTERNET SITE AND THE CONTENT THEREON, OR THE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THIS INTERNET SITE. IF ANY PORTION OF THIS LIMITATION IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN MARK'S TOTAL LIABILITY TO YOU SHALL IN NO EVENT EXCEED ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, IN WHICH CASE THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

“Errors, Inaccuracies or Omissions”

Mark’s makes every effort to ensure that the Content on this Internet Site is complete and current. However, Mark’s does not guarantee that the information contained on this Internet Site will not contain errors, inaccuracies or omissions. Such errors, inaccuracies or omissions may relate to price or to product description or availability. Mark’s reserves the right to correct any error, inaccuracy or omission or to change or update the Content without prior notice to you.

“Colours”

Please note that although Mark’s attempts to display the colours of the product shown on this Internet Site as accurately as possible, we cannot guarantee that the colour you see matches the product colour, as the display of colour depends, in part, upon the type of computer monitor used by you.

“Delivery”

If shipping or delivery services are made available by Mark’s, Mark’s will endeavour to ship or deliver any ordered product as quickly as possible and within any time periods indicated. However, you acknowledge and agree that Mark’s will not be held responsible for any delays in shipping or delivery. All risk of loss and title for items purchased from this Internet Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. Where delivery is delayed, Mark’s will notify you as soon as possible. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.

ENTIRE AGREEMENT

These Terms and Conditions, together with the Security and Privacy sections of this Internet Site, constitute the entire agreement between Mark’s and you regarding the subject matter of this agreement.

SEVERABILITY

These Terms and Conditions shall be deemed severable. In the event that any provision of the Terms and Conditions is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

GOVERNING LAW

The Terms and Conditions as well as the use of this Internet Site, including any order or purchase made through this Internet Site shall be governed by the laws of the province of Alberta and the laws of Canada applicable therein.

REVISIONS

These Terms of Use may be revised at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms of Use because they are binding on you. Certain provisions of these Terms of Use may be superseded by legal notices or terms located on particular pages of this Internet Site. Your continued use of this Internet Site following either form of notice will signify your acceptance of the revised terms of this Terms of Use.

TERMINATION

Mark’s may suspend or terminate your account or your use of this Internet Site at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. Mark’s reserve the right to change, suspend, or discontinue all or any aspect of this Internet Site at any time without notice.

Privacy Policy

Mark's abides by the Canadian Tire Corporation, Limited Privacy Charter. Canadian Tire Corporation, Limited and its family of companies including Canadian Tire Financial Services Limited, Canadian Tire Bank, Canadian Tire Real Estate Limited, Mark's, FGL Sports Ltd., Canadian Tire Petroleum and PartSource, are committed to protecting the privacy and security of your personal information obtained by reason of your doing business with us. Certain Mark's stores are owned and operated by independent dealers or franchisees. As independent businesses, these dealers and franchisees are responsible for adopting their own privacy policies to protect your personal information in a manner consistent with this Privacy Charter. Our Privacy Charter explains the types of customer personal information we collect, how it is used and the steps we take to ensure your personal information is handled appropriately. Each member of the Canadian Tire family of companies collects information necessary to do business with you. For more specific details on what information each company may collect and how we use it, we refer you to the Frequently Asked Questions (FAQs) section.

PRIVACY CHARTER

The Privacy Charter is our commitment to you. It is our organization wide policy on how all companies in the Canadian Tire family protect your personal information.

PRIVACY STATEMENT

Our privacy statement provides a quick reference to the key privacy points of the Privacy Charter. It also provides you information on your choices and important contact information.

PRIVACY FREQUENTLY ASKED QUESTIONS (FAQs)

Our FAQs provide answers to important questions you may have regarding your information and your privacy. The FAQs provide additional detail on what information is collected by each company. The information may vary according to company. If there are further questions you would like answered, feel free to contact us anytime.