Terms of service

1. INTRODUCTION
Welcome to the globe-electric.com website (the “Website” or “Site”) owned and operated by Globe Electric Company Inc. (“Globe” or “we”). Your use of this Site, as well as the use of any Globe branded mobile application on your smartphone or handheld device, including the Globe Suite™ APP mobile app (“Mobile App”), are subject to certain terms and conditions of use (collectively, the “Terms”) set forth below, which create a legally binding agreement between you and Globe. 

PLEASE READ THESE TERMS CAREFULLY BEFORE USING AND/OR PLACING AN ORDER FROM THIS WEBSITE OR THE MOBILE APP. BY USING THIS SITE, OUR MOBILE APP AND/OR PLACING AN ORDER FROM THIS SITE OR THE MOBILE APP, YOU ACCEPT THESE TERMS AND THE GLOBE PRIVACY NOTICE, AND AGREE TO BE BOUND BY THEM. THIS INCLUDES, WITHOUT LIMITATION, ACCEPTING THE TERMS RELATING TO DISCLAIMER OF WARRANTIES, DAMAGES AND REMEDY EXCLUSIONS AND LIMITATIONS, AND ONTARIO CHOICE OF LAW AS SET FORTH HEREIN. IF YOU DO NOT AGREE WITH THESE TERMS OR OUR PRIVACY NOTICE, WHETHER IN WHOLE OR IN PART, PLEASE DO NOT USE THE SITE, THE MOBILE APP OR ANY OF THE SERVICES PROVIDED ON THE SITE, OR PLACE AN ORDER FROM THE SITE OR THE MOBILE APP.

These Terms constitute an agreement between you (hereinafter, “you” or “your”) and Globe, a corporation existing under the laws of Quebec, Canada with its head office at 150 Avenue Oneida, Montreal, QC H9R 1A8, Canada, in relation to your use of the Website or Mobile App, the goods and services offered and sold through the Website or the Mobile App, and any orders you place through the Website or Mobile App (collectively, the “Globe Services”). Before you place an order, please carefully read these Terms and our Privacy Notice.1 

If you have any questions about the Terms or the Privacy Notice, you may contact us via the “Contact Us” webpage. 

 

2. USE OF OUR WEBSITE
You agree that:

• You may only use the Website and/or Mobile App to make legitimate inquiries or orders; 
  
  
• You will not make any speculative, false, or fraudulent orders. If we reasonably believe that such an order has been made, we shall be entitled to cancel the order and inform the relevant authorities; 
  
  
• You also agree to provide correct and accurate email, postal and/or other contact details to us, and you acknowledge that we may use these details to contact you in the event that this should prove necessary (see our Privacy Notice for more information on how we collect, use, and disclose your personal information);
  
  If you do not give us all of the information that we need, we may not be able to complete your order;
  
  
• You will not attempt to interfere or will not interfere in any way with the Site’s networks, the Mobile App’s network, or related network security, or attempt to use the Site’s service or Mobile App’s service to gain unauthorized access to any other computer system;
  
  
• You will not use the Site or Mobile App to communicate, transmit, or post material that infringes on the intellectual property, privacy, or publicity right of another person or entity;
  
  
• You will not use the Site or Mobile App to engage in conduct that would constitute a civil or criminal offense, or that otherwise violates any city, provincial, national, or international law or regulation; and
  
  
• By placing an order through the Website or Mobile App, you represent and warrant that you are at least 18 years old and are legally capable of entering into binding contracts. 

We may impose rules for, and limits on, use of the Site or Mobile App, or restrict your access to the Site or Mobile App, in whole or in part. We have the right to change these rules and/or limitations at any time, at our sole and absolute discretion.

 

3. PLACING AN ORDER 
No contract (“Contract”) in respect of the purchase of a product offered on the Site or Mobile App shall exist between you and us until your order has been accepted by us and we send you the Shipment Confirmation (defined below). If we do not accept your order and funds have already been debited from your account, the funds will be fully refunded.

To place an order, you will be required to follow the shopping process online and press the “Pay Now” button to submit the order. After this, you will receive an email from us acknowledging that we have received your order (the “Order Confirmation”). Your order constitutes your offer to us to buy one or more products from us for personal use and not for resale purposes. Please note that this does not mean that your order has been accepted. Your order constitutes your offer to us to buy one or more products from us. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that the product has been dispatched (the “Shipment Confirmation”). We will not be bound to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate Shipment Confirmation.

For all purchases made through the Site or Mobile App, you acknowledge and agree that your purchase receipt will be provided electronically only; paper copies of receipts will not be provided.

 

4. AVAILABILITY OF PRODUCTS 
All orders for products are subject to availability and in this regard, in the event of supply difficulties or because products are no longer in stock, we reserve the right to give you information about substitute products of an equal or higher quality and value which you can order. If we do not provide you with such information or if you do not wish to order such substitute products, we will refund any monies that you might have paid in respect thereof.

 

5. REFUSAL OF ORDER/MODIFICATIONS TO WEBSITE 
We reserve the right to withdraw any product from the Website or Mobile App at any time and/or remove or edit any materials or content on the Website or Mobile App at any time. While we will make reasonable efforts to process all orders, there may be exceptional circumstances that may require us to refuse to process an order after we have sent you an Order Confirmation; and we reserve the right to refuse to process an order at any time, at our sole discretion.

We will not be liable to you or any other third party by reason of our withdrawing any product from the Website or Mobile App, whether it has been sold or not, removing or editing any materials or content on the Website or Mobile App, or for refusing to process or accept an order after we have sent you the Order Confirmation. In addition, we may also terminate, change, suspend, or discontinue any aspect of the Site or Mobile App.

 

6. SHIPMENT AND DELIVERY 
Please refer to our Shipping Policy

 

7. RISK AND TITLE 
The product(s) will be at your risk as from the time of delivery. Ownership of the product(s) will only pass to you when we receive full payment of all sums due in respect of the product(s), including delivery charges, or upon delivery (as defined in Section 6 above). 

 

8. PRICE AND PAYMENT 
The price of the products shall be the one quoted from time to time on our Website or Mobile App, except where there is an error. While we take care to ensure that all prices and terms quoted on our Website or Mobile App are accurate, errors may occur. If we discover an error in the price of any product(s) you have ordered, we will inform you as soon as possible and give you the option of reconfirming the order at the correct price or cancelling the order. If we are unable to contact you, the order will be treated as cancelled and if you have already paid for the product(s), you will receive a full refund.

Product prices promoted and displayed on the Website may vary from other advertised prices online (whether on our Website or another retailer or marketplace website), in email marketing, Social Media, or even offline, due to varying cross-border, national, regional, or other geo-targeted promotions or exclusions.

To the extent permitted by law, we are under no obligation to sell the product(s) to you at the incorrect (lower) price (even after we have sent you a Shipment Confirmation) if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as such. All prices are exclusive of shipping charges and sales taxes (if applicable). The total cost of an order is the price of the product(s) ordered plus the delivery charge and sales taxes (if applicable). Prices are subject to change at any time.

Sales tax is charged (if applicable) according to the shipping address of your order or as provided in applicable laws and regulations.

Payment can be made by Visa, MasterCard, American Express, Discover (either as credit or debit cards) and PayPal. If payment is made by credit or debit card, upon receiving your order we will seek a pre-authorization on your card to ensure there are enough funds to complete the transaction. The amount of a purchase will not be charged to your card until your order has been shipped to the delivery address. However, if payment is made through PayPal, the amount of your purchase will be charged when we send you the Shipment Confirmation.

By clicking on the “Pay Now” (or “Authorize Payment”) button, you are confirming that the credit card or debit card is yours. Credit and debit cards are subject to validation checks and authorization by the credit or debit card issuer. If we do not receive the required authorization, we will not be liable for any delay or non-delivery.

We use PayPal Payment Gateway to ensure payment is made safely. To reduce the possibility of unauthorized access, the details of your card will be encrypted.

 

9. RETURN OF DEFECTIVE PRODUCTS 
Please refer to our Refund Policy

 

10. LIABILITY AND DISCLAIMERS 
We publish information on the Site and Mobile App as a convenience to you. While we attempt to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site or Mobile App at any time without notice. The products described on the Site or Mobile App may not be available in your region. We do not claim that the information in the Site or Mobile App is appropriate to your jurisdiction or that the products described in the Site or Mobile App will be available for purchase in all jurisdictions. We may also terminate, change, suspend, or discontinue any aspect of the Site including, but not limited to, hours of availability of the Site, and we will not be liable to you or to any third party for doing so.

YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE SITE OR MOBILE APP, WHICH IS PROVIDED “AS IS.” WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE SITE OR MOBILE APP INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, AND FUNCTIONS AND SERVICES PROVIDED ON THE SITE OR MOBILE APP, WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS OR USEFULNESS, OR CONTENT OR INFORMATION, UNINTERRUPTED ACCESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR MOBILE APP, OR THEIR FUNCTIONS OR CONTENT AND MATERIALS OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE OR MOBILE APP WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS, INFORMATION OR MATERIALS, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE OR MOBILE APP SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE OR MOBILE APP, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE OR MOBILE APP. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR MOBILE APP IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

We make no warranties of any kind regarding any non-Globe sites or mobile apps to which you may be directed or hyperlinked from the Site or Mobile App. Hyperlinks to non-Globe sites are included solely for your convenience, and we make no representations or warranties with regard to the accuracy, availability, suitability, or safety of information provided in such non-Globe sites or mobile apps.

IN NO EVENT SHALL GLOBE, ITS AFFILIATES, ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR RESPECTIVE CONTENT OR SERVICE PROVIDERS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, FAULT OR OTHERWISE) (COLLECTIVELY, “DAMAGES”) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE OR MOBILE APP AND THE CONTENT OR MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITE OR MOBILE APP INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGES, WHETHER TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF GLOBE OR ITS AFFILIATE OR THEIR RESPECTIVE REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

To the fullest extent permissible pursuant to law, but without excluding anything that may not lawfully be excluded in the case of consumers, we disclaim all other warranties of any kind.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSIONS OF LIABILITY FOR CERTAIN TYPES OF DAMAGES; AS A RESULT, THE LIMITATIONS OR EXCLUSIONS OF LIABILITY CONTAINED HEREIN MAY NOT APPLY TO YOU IN WHOLE OR IN PART.

Due to the open nature of the Website and/or Mobile App, and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted to or obtained from the Website or Mobile App unless otherwise expressly set out on the Website or Mobile App.

 

11. INTELLECTUAL PROPERTY 
The Site and the Mobile App, including all of its information and contents such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, graphics, software, and the HTML used to generate the pages (collectively, “Materials”), are the property of Globe or that of our suppliers or licensors and is protected by patent, trademark and/or copyright under Canadian and/or foreign laws. Except as otherwise provided on the Site, the Mobile App or in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials from the Site or Mobile App, in whole or in part, for any public or commercial purpose without the specific prior written permission of Globe. We grant you a personal, limited, non-exclusive, non-transferable, non-sub-licensable license to access the Site and/or Mobile App and to use the information and services contained on the Site or Mobile App. We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products and services described on the Site or Mobile App and to terminate, change, suspend, or discontinue any aspect of the Site or Mobile App, including, but not limited to, the Materials on the Site or Mobile App as well as features and/or hours of availability of the Site or Mobile App, and we will not be liable to you or to any third party for doing so. Subject to Section 22, we may also impose rules for and limits on use of the Site or Mobile App or restrict your access to part, or all, of the Site or Mobile App without notice or penalty. We have the right to change these rules and/or limitations at any time, at our sole discretion.

As between you and Globe (or any other person or company whose marks appear on the Site and/or Mobile App), Globe (or the respective person or company) is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on the Site or Mobile App and is the copyright owner or licensee of the Materials on the Site or Mobile App, unless otherwise indicated. The Globe logos, designs, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, “Globe Intellectual Property”) are owned by Globe and may be registered in Canada and internationally. You agree not to display or use the Globe Intellectual Property in any manner without Globe’s prior permission. Nothing on the Site or Mobile App should be construed to grant any license or right to use any Globe Intellectual Property without the prior written consent of Globe.

Except as otherwise provided herein, use of the Site or Mobile App does not grant you a license to any Materials or features you may access on the Site or Mobile App and you may not modify, rent, lease, loan, sell, distribute, or create derivative works of such Materials, features or materials, in whole or in part. Any commercial use of the Site or Mobile App is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Materials or screens for any purpose except as otherwise provided by Globe. If you make use of the Site or Mobile App, other than as provided herein, in doing so you may violate copyright and other laws of Canada, as well as applicable provincial laws, and you may be subject to liability for such unauthorized use. The information on the Site or Mobile App including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including, but not limited to, copyright law. This does not prevent you from using the Website or Mobile App to the extent necessary to make a copy of any order.

The prohibited uses include actions such as “screen scraping” which is intended to collect, store, manipulate Website or product information or data

Globe makes no claim that the Site or Mobile App may be lawfully viewed or that content may be downloaded outside of Canada and the United States. Access to the content may not be legal by certain persons or in certain countries. If you access the Site or Mobile App from outside Canada or the United States, you do so at your own risk and you are responsible for compliance with the laws of the jurisdiction.

 

12. INDEMNIFICATION 
You agree to defend, indemnify and save and hold Globe, its affiliates, their respective content and service providers, and their respective directors, officers, employees, and agents harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with your use of the Site or Mobile App, your violation of these Terms or the posting or transmission of any materials on or through the Site or Mobile App by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.

 

13. WRITTEN COMMUNICATIONS 
When using our Site or Mobile App, you accept that communication with us will be mainly electronic, including via text messages and that such communication will be binding on you and Globe. We will contact you by email, text messages or provide you with information by posting notices on our Site or Mobile App. For contractual purposes, you agree to these means of communication, and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.

 

14. REGISTRATION, PASSWORDS, AND SECURITY 
To access some of our services you will have to complete an online registration form. You agree that all information which you submit (“Registration Information”) is true and complete and that you will update your Registration Information to keep this information true and complete.

Upon registering, you will create a password. You are solely responsible for any use of, or action taken under, your password on the Site or Mobile App. Your password may be used only to review information regarding potential and completed transactions, purchase or cancel purchases of products, change your preferences, post content, and otherwise access and use the Site or Mobile App and services on the Site or Mobile App in accordance with these Terms. You are solely responsible for maintaining the confidentiality and security of your password, and you hereby agree not to disclose your password to any third party (other than third parties authorized by you to use your account). You accept full responsibility for all transactions and other activities placed or conducted through your account and agree to and hereby release Globe, its affiliates, their respective content and service providers and their respective directors, officers, employees, and agents from any and all liability concerning such transactions or activity. You agree to notify Globe immediately of any actual or suspected loss, theft, or unauthorized use of your account or password. Globe has no obligation to inquire as to the authority or propriety of any use of or action taken under your password and will not be responsible for any loss to you arising from any such use or action or from your failure to comply with the above. Globe will take reasonable security precautions when using the Internet, telephone, or other means to transport data or other communications, but expressly disclaims any and all liability for the accessing of any such data or communications by unauthorized persons or entities.

 

15. POSTED CONTENT AND SUBMISSIONS 
As part of your use of the Site or Mobile App and services offered on the Site or Mobile App, you may upload, post, distribute or disseminate (collectively, “post”) content and material (including, but not limited to, photographs, images you have taken, captions and comments), or you may send or email us material (including but not limited to, photographs you have taken, articles you have written, captions and comments) which we, at our discretion, may allow you to post (collectively, the “Posted Content”) on the Site or Mobile App. You hereby grant Globe a right and worldwide license to use the Posted Content on the Site or Mobile App and to promote and advertise the Site or Mobile App and Globe in any way and you hereby waive any moral rights to such Posted Content to the fullest extent permitted by law.

You also warrant that if you are not the holder of any such rights, the holder of such rights has completely and effectively waived all such rights and validly and irrevocably granted you the right to grant the license stated above. You acknowledge and agree that you are solely responsible for the form, content, and accuracy of any Posted Content. You agree that you will not post any false or inaccurate material or delete or revise any material that was not posted by you. You are responsible for your own postings and are responsible for the consequences of your postings. You agree not to do any of the following:

• post any material that is copyrighted or trademarked unless you own the copyright or trademark or have the owner’s permission (including requisite consents and releases) to post it;
  
  
• post any material that reveals a trade secret, unless you own the trade secret or have the owner’s permission to post it;
  
  
• post any material that infringes on any intellectual property right of another or on the privacy or publicity rights of another;
  
  
• post any material that is unlawful, obscene, pornographic, sexual, indecent, defamatory, threatening, harassing, abusive, or hateful to another user or to any other person or entity;
  
  
• post any chain letter or pyramid scheme; or
  
  
• post any material that contains a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

Globe does not represent or guarantee the truthfulness, accuracy or reliability of any Posted Content or endorse any opinions expressed by a user. You acknowledge that any reliance on Posted Content by other users will be at your own risk. Globe does not confirm that each user is who he or she claims to be. Globe exercises great effort to protect Posted Content from being misused. However, if misuse has occurred, neither Globe nor its affiliates, their respective content and service providers, or their respective directors, officers, employees, and agents will be liable in any way for such misuse. Because Globe does not control the behavior of users or participants on the Site or Mobile App, in the event that you have a dispute with one or more such users, you hereby release Globe, its affiliates, their respective content and service providers, and their respective directors, officers, employees and agents from any actual and consequential, direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action or claims of every kind and nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with such dispute. Globe acts as a passive conduit for Posted Content and has no obligation to screen or monitor Posted Content. If Globe becomes aware of any Posted Content that allegedly may not conform to these Terms, Globe may investigate the allegation and determine at its sole and absolute discretion whether to take action in accordance with these Terms. Globe has no liability or responsibility to users for performance or nonperformance of such activities. You may find some Posted Content to be offensive, indecent, harmful, inaccurate, objectionable, mislabeled, or deceptively labeled. Globe expects that you will use caution and common sense when using the Site, Mobile App or Services.

GLOBE HAS THE ABSOLUTE RIGHT TO REMOVE AND/OR DELETE WITHOUT NOTICE ANY POSTED CONTENT THAT IT DEEMS OBJECTIONABLE. YOU CONSENT TO SUCH REMOVAL AND/OR DELETION AND WAIVE ANY CLAIM AGAINST GLOBE FOR SUCH REMOVAL AND/OR DELETION.

GLOBE IS NOT RESPONSIBLE OR LIABLE FOR FAILURE TO STORE POSTED CONTENT OR OTHER MATERIALS YOU TRANSMIT THROUGH THIS SITE OR MOBILE APP. YOU SHOULD TAKE MEASURES TO PRESERVE COPIES OF ANY DATA, MATERIAL, CONTENT, OR INFORMATION YOU POST ON THE SITE OR MOBILE APP.

We are pleased to hear from our visitors and welcome your comments. Because of the large number of ideas and works that Globe has already developed, or that have been suggested to us by third parties, the possibility exists that any idea, suggestion, or submission that you may make through the Site or Mobile App is similar to information, ideas, or suggestions already known to us. By disclosing any information, idea, suggestion, or other material through this Site or Mobile App, you agree that (a) no confidential relationship is established by virtue of such submission and that the material is not submitted in confidence, and (b) no obligation of any kind is assumed by, nor may be implied against, Globe by virtue of such submission. Moreover, no liability shall result from the use of such information, ideas, or suggestions by Globe.

 

16. NOTICES 
Subject to and as otherwise specified in Section 14, we may give notice to you at either the email or postal address you provide to us when placing an order.

Notice will be deemed received and properly served immediately when posted on our Website or Mobile App, twenty-four (24) hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped, and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

 

17. BINDING NATURE; ASSIGNMENT 
These Terms and our Privacy Notice are binding on you and us and on our respective heirs, successors and permitted assigns and, as indicated herein, are for the benefit of Globe, its affiliates, their respective content and service providers, and their respective directors, officers, employees, and agents. You may not transfer, assign, charge or otherwise dispose of your rights or obligations under these Terms or our Privacy Notice without our prior written consent. We may transfer, assign, charge, sub-contract, or otherwise dispose of our rights and obligations under these Terms and our Privacy Notice, or any of our rights or obligations arising under them, at any time without your consent.

 

18. EVENTS OUTSIDE OUR CONTROL 
We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under an order you have placed that is caused by events outside our control (a “Force Majeure Event”). A Force Majeure Event shall include any act, event, non-happening, omission, or accident beyond our reasonable control and shall include in particular (without limitation) the following:

• Strikes, lockouts, or other industrial action;
• Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
• Fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, or other natural disaster;
• Possibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
• Impossibility of the use of public or private telecommunications networks;
• The acts, decrees, legislation, regulations, or restrictions of any government; or
• Any shipping, postal or other relevant transport strike, failure or accidents.

Our performance under any order you have placed is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations may be performed despite the Force Majeure Event.

 

19. WAIVER 
No failure of Globe to enforce any of its rights or remedies under these Terms will act as a waiver of such rights and remedies. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the provisions of the section on Notices (Section 16) above.

 

20. SEVERABILITY 
If any of these Terms or any provisions of an order are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

 

21. ENTIRE AGREEMENT 
These Terms and any document expressly referred to in them or contained on or published on our Site or Mobile App represent the entire agreement between you and us in relation to the subject matter of these 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 in negotiations between you and us prior to such Terms, except as expressly stated in these Terms.

 

22. OUR RIGHT TO MODIFY THESE TERMS 
We have the right to revise and amend these Terms at any time. You will be subject to the Terms and Globe policies in force at the time that you order products from us or use the Site. Your use of the Site or Mobile App after we post changes to these Terms constitutes your agreement to those changes prospectively from the date of such changes. You will be subject to the Terms and Globe policies in force at the time that you order products from us.

 

23. LAW AND JURISDICTION 
Any disputes arising out of or relating to these Terms, the Privacy Notice, use of the Site or the Mobile App, the products sold on the Site or the Mobile App, and the services offered via the Site or the Mobile App shall be resolved in accordance with the laws of the Province of Ontario without regard to its conflict of law rules. Any disputes, actions, or proceedings relating to these Terms or your access to or use of the Site or the Mobile App must be brought before the courts of the Province of Quebec in the City of Montreal, Quebec and you irrevocably consent to the exclusive jurisdiction and venue of such courts. Globe makes no claim that the Site may be lawfully viewed or that content may be lawfully downloaded.

Insofar as it is permitted under applicable law of the province of your residence, you agree that any claim or cause of action arising out of or related to use of the Site, the Mobile App or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

24. MISCELLANEOUS 
You acknowledge and agree that your use of the Site and/or Mobile App may involve you providing an “electronic signature” indicating your desire to use the Site and/or Mobile App. Your “electronic signature” indicates your acceptance of these Terms, and your consent to receive communications about these Terms electronically. You may not use or otherwise export or re-export the Mobile App except as authorized by Canadian law and the laws of the jurisdiction in which the Mobile App was obtained. In particular, but without limitation, the Mobile App may not be exported or re-exported (a) into any U.S. embargoed countries, or that has been designated by the Canada Government as a “terrorist supporting country.” By using the Mobile App, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Mobile App for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missiles, or chemical or biological weapons. The Mobile App is subject to additional terms and conditions, which are accessible from the Mobile App.

 

25. FRENCH LANGUAGE CLAUSE 
The parties have expressly requested and required that these Terms and all other related documents be drawn up in the English language. In the event these Terms are available in a language other than English and the English version and such other version diverge, the English language version of these Terms shall prevail. Les parties conviennent et exigent expressément que ces modalités et tous les documents qui s’y rapportent soient rédigés en anglais.

 

26. Globe Product Reviewer Program Terms and Conditions

The following terms and conditions (“Terms and Conditions”) govern participation in Globe Electric’s Product Reviewer Program (“Program”). By registering and being approved as a Reviewer for the Program, you agree to be bound by these Terms and Conditions.

The Program offers registered and approved Program Reviewers (“Reviewers”) the opportunity to receive certain products (“Sampling Products”) at no charge through the website, “Globe-Electric.com”, or via an email catalogue, in exchange for the Reviewer's honest and unbiased feedback (“Reviews”) on said Sampling Products. Globe Electric’s objective is to publish gathered Program Reviews on globe-electric.com and syndicate Reviews to all participating retail channel and marketplace websites where Sampled Products are sold.

Participation in the Program is subject to these terms and conditions (“Terms and Conditions”) and

Please note that employees of Globe Electric are not eligible to participate in the Program.

Any information shared by Reviewers is subject to Globe Electric’s Privacy Policy, which may be updated from time-to-time.

All submitted content will be subject to review for authenticity, and any content determined to be in violation of the Terms and Conditions will be rejected and removed at Globe Electric’s sole discretion.

To participate in the Program, you must be at least eighteen (18) years of age and residing within Canada or within the contiguous United States (excluding Alaska, Hawaii, or Puerto Rico). A current and full street address is required as shipments to P.O. Boxes are not permitted at this time. Globe Electric will only deliver Sampling Products to the delivery address associated with your Reviewer Program Account.

You acknowledge and agree that all Reviewer Program Sampling Products are promotional offers to you and are not sold to you. Furthermore, you acknowledge and agree that Sampling Products are provided to you “as is” and that Globe Electric makes no warranties to you, and accepts no responsibility for return, repair, refund, or replacement. You acknowledge and agree that no compensation will be provided to you under the Program, and Globe Electric shall have no obligation to you for any compensation with respect to the Reviews. You further acknowledge and agree that you will only use the Sampling Products for their intended purposes and you hereby irrevocably waive any claims you may have for losses, damages or injury that may occur from using the Sampling Products in a manner other than their intended purposes.

To participate in the Program, you must agree to the following:

1. You will personally write and submit independent, unbiased and honest Reviews within 30 Days of receiving the Sampling Product.
   
   
2. Reviews must:
   1. be your original work and creation, or contain content to which you have the sole and exclusive right to post or publish for the purposes hereunder;
      
      
   2. not contain any defamatory or disparaging statements or materials, nor any content that is obscene, pornographic, hateful or discriminatory;
      
      
   3. not be misleading;
      
      
   4. not contain any content that promotes bigotry, racism or discrimination based on race, gender, religion, nationality, disability, sexual orientation or age or other protected grounds under applicable legislation;
      
      
   5. not contain any content with suggestive or foul language, nor any content that promotes political opinions, ideologies, or agendas;
      
      
   6. not contain any third-party intellectual property or any content that infringes on third-party intellectual property, including but not limited to, content, photographs, trademarks, logos, music or celebrity names, images, voices or other likenesses of an individual (whether famous or not) without the prior written consent of the individual or owner, as applicable, which consent you may be required to evidence to Globe Electric, in a form satisfactory to it.
      
      
3. Failure to submit a Review within thirty (30) days or if Globe Electric finds your review to be inauthentic, misleading, fraudulent or otherwise in violation of the Terms and Conditions, Globe Electric has the right to delete your account with or without notification.
   
   
4. You hereby irrevocably assign to Globe Electric all worldwide right, title, and interest in and to all intellectual property rights you have or may have in the Reviews. To the extent permitted by law, you irrevocably and unconditionally waive and agree not to assert any moral rights that you have, or may in the future have, concerning the Reviews.
   
   
5. You will not sell, exchange or return for money any Sampling Products received through the Program.
   
   
6. You will have only one (1) Reviewer Program account, and a limit of two (2) accounts per household. You cannot create another member account if your account was previously deleted by Globe Electric.
   
   
7. You will ensure that your personal and profile information is true, current and accurate. Globe Electric reserves the right to delete your account if information is or is suspected to be incorrect.
   
   
8. You will not use the Program or any received material or any received Sampling Products for any commercial purpose or for the benefit of a third party unless permission has been explicitly granted by Globe Electric.

Your membership into the Program and your eligibility to receive Sampling Products is at Globe Electric’s sole discretion. Globe Electric reserves the right to revoke your membership and remove your account from the Program at any time and without notice or notification.

The relationship between you and Globe Electric is that of independent contractors and nothing in these Terms and Conditions shall be deemed to create a joint venture, partnership or agency relationship between you and Globe Electric. No party shall have any power to enter into any contracts or commitments in the name of, or on behalf of, the other party, or to bind the other party in any respect whatsoever.

By participating in the Program, you acknowledge and agree to all of the above Terms and Conditions.