This page states the terms and conditions under which you may access and use the www.tricarcontest.com site (the “Site”). This Site is operated by Tricar Properties Limited o/a Tricar (“Tricar”). Throughout the site, the terms “we”, “us” and “our” refer to Tricar. The terms “You”, “Your” and “User” used throughout the site refer to all individuals and/or entities accessing the Site. Tricar offers this Site, including all information, tools and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here (“Terms of Service”, “Terms”).Please read these provisions carefully. If you do not agree with the following provisions, you should immediately exit the Site and discontinue any use of its services. Tricar may revise these Terms at any time without notice. By using this Site you are agreeing to be bound by the then current version of these Terms of Service.
In addition to other prohibitions as set forth in these Terms of Service, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, 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 Site or of any related website, other websites, or the Internet; (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 Site or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Site or any related website for violating any of the prohibited uses.
TRADE MARKS, COPYRIGHTS AND RESTRICTIONS
This Site is controlled and operated by Tricar. All material on this site, including, but not limited to images, illustrations, audio clips and video clips, is protected by copyrights which are owned and controlled by Tricar or by other parties that have licensed their material to Tricar (the “Copyrights”). Material from this Site or from any other website owned, operated, licensed or controlled by Tricar may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. Modification of the materials or use of the materials for any other purpose is a violation of the Copyrights and other proprietary rights. For purposes of these Terms, the use of any such material on any other website or networked computer environment is prohibited.
SITE USER’S GRANT OF RIGHTS REGARDING SUBMISSIONS AND POSTINGS
You agree to grant to Tricar a non-exclusive, royalty-free, worldwide, perpetual licence, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any area of the Site or by email to Tricar by all means and in any media now known or hereafter developed. You also grant to Tricar the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Tricar for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Tricar.
Certain content available via our Site may include materials from third-parties. Third-party links on this Site may direct you to third-party websites that are not affiliated with us. 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 materials or websites, or for any other materials, products, or services of third-parties.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this Site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information on this Site or on any related website is inaccurate at any time without prior notice.
We undertake no obligation to update, amend or clarify information on this Site or on any related website except as required by law. No specified update or refresh date applied on the Site or on any related website, should be taken to indicate that all information on the Site or on any related website has been modified or updated.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of the Site will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Site will be accurate or reliable. You agree that from time to time we may remove the Site for indefinite periods of time or cancel the Site at any time, without notice to you.You expressly agree that your use of, or inability to use, the Site is at your sole risk. The Site and all products and services delivered to you through the Site 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.
In no case shall Tricar, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Site or any products procured using the Site, or for any other claim related in any way to your use of the Site or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Site or any content (or product) posted, transmitted, or otherwise made available via the Site, even if advised of their possibility. In the event any provinces or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such provinces or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless Tricar and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
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 of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
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 separate agreements shall be governed by and construed in accordance with the laws of Ontario and the applicable laws of Canada.