PATHER.COM TERMS OF SERVICE

Last updated: Dec 15, 2023

These Terms of Service (as defined hereafter) govern your access and use of all Pather’s Platforms (as defined hereafter). 

Please read the Terms of Service carefully prior to engaging with any of Pather Services (as defined hereafter).  

By using any of Pather’s Platform, making a purchase, or otherwise interacting with Pather digitally, you, the user, acknowledge, accept and agree to be bound and abide by these Terms of Service herein. 

Terms.

Any capitalized terms found throughout this document shall have the following meanings: 

“Pather” shall refer to Pather Plastics Canada Inc., its affiliates, subsidiaries, partners, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers and successors; 

“Platform” shall refer to the www.pather.com website, and any other digitally accessible service owned solely, or in part, by Pather; 

“Terms of Service” shall refer to these Terms of Service, together with Pather’s Privacy Policy, Terms and Conditions of Sale, Shipping and Return Policy and any other document explicitly referenced or linked herein; 

Updates to these Terms of Service. 

Pather may revise and update these Terms of Service from time to time and in our sole discretion. All changes shall be posted to this page and linked pages referenced herein, such changes shall be effective immediately and apply to all access to and the use of the Platform. 

Continuous use of this Platform or making subsequent purchases following any updates to these Terms of Service shall indicate your acknowledgement, acceptance and agreement to be bound by and to all changes made as of the date of the changes. Pather encourages and expects the user to check these Terms of Service each time this Platform is accessed. 

User Responsibility. 

You, the user, are required to ensure that your use and access to the Platform follows the restrictions prescribed by the Terms of Service and without agreeing to these Terms of Service, access and use of this Website is prohibited. It is your duty to ensure any information you provide on the Platform is correct, current and complete. Pather shall not take any liability or incur any costs as a result of your misinformation, mistake or misuse thereof. 

You may not use this Website for any other purpose except for its intended purpose: to provide Pather clients, customers and other users with an experience highlighting Pather’s capabilities and facilitating the transactions between Pather and its clients base. 

You must continuously comply with any and all applicable federal, state, local and international law and regulations and not engage in any conduct otherwise harmful to Pather, its clients or yourself. 

YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. 

Intellectual Property. 

The Platform, in its entirety, including but not limited to all contents, features, functionality (including but not limited to all information, text, software, displays, images, video, audio, design, selection and arrangement thereof) are owned solely by Pather, its licensors, or other providers of such material and are fully protected by Canadian and international copyright, trademark, patent, trade secret, and other intellectual property laws. 

These Terms of Service permit use of the Platform for personal, non-commercial use only. You are prohibited from reproducing, distributing, modifying, creating derivative works of, publicly displaying or performing, republishing, downloading, storing or otherwise transmitting any of the materials or information found on the Platform except:

  • Your computer may temporarily store copies of such material in RAM incidental to your accessing and viewing those materials; or

  • You may store files that are automatically cached by your Web browser for display enhancement purposes.

Under no circumstance are you able to not delete, alter or otherwise change any of the copyright, trademark, or other proprietary right notices from any copies of materials from this Website. 

No right, title, or interest in or to the Platform or any content thereof is transferred to you, and all rights not expressly granted are reserved by Pather. Any use of the Website not expressly permitted by these Terms of Service is a breach of such Terms of Service and may violate copyright, trademark, and other laws to which Pather may be entitled to compensation or other such remedies available to it by law. 

Pather’s Rights. 

Pather has the right, without the provision of notice, to:

  • Take appropriate legal action including but not limited to, referral or cooperation with law enforcement or regulatory authorities, or notifying the harmed party of any illegal or unauthorized use of the Platform; and

  • Terminate, suspend or prohibit any access to all or part of the Platform for any or no reason, including but not limited to a violation of these Terms of Service. 

Third Party Links and Content. 

For your convenience, the Platform may provide or reference links or direct the user to third party sites content. Pather makes no representations, warrantees, or guarantees about any other websites or content that may be accessed from the Platform. If you choose to access any such sites or content, you do so at your own risk. Pather asserts no control over any such third party sites or third party content and accepts no liability or responsibility for such sites or any such loss or damage arising from the use thereof. 

Online Orders. 

All orders, purchases or transactions for the sale of goods, digital products, or information made using the Platform are subject not only to the Terms of Service herein, but are also subject to Pather’s Terms and Conditions of Sale available via the Platform and also available here. 

The following terms and conditions are also applicable to all orders, purchases and transaction through the Platform: 

  1. You may not order or obtain goods, digital products, or information from the Platform if you: (i) are prohibited from accessing or using the Platform or any of the Platform’s contents, goods, digital products or information by applicable law or (ii) you are outside the geographic region where the goods, digital products, or information are available for purchase; 

  2. You, the user, agree that your order is an offer to buy all goods, services, digital products or information listed in your order, and are such transaction is completely governed by these Terms of Service and Pather’s Terms and Conditions of Sale linked herein. 

  3. Pather may, at its sole and absolute discretion, not accept, reject or deny any order, even after order confirmation has been received by the client. Pather reserves the right to correct any errors or mistakes in pricing, even if Pather has already requested or received payment.

  4. All prices, discounts, and promotions posted on the Platform are subject to change without notice and are at Pather’s sole and absolute discretion.

  5. Sales tax shall be added to the price of all purchases as deemed necessary by Pather. The price and currency on the Platform and charged for goods, digital products or information shall be list in the lawful currency of the country of Canada as advertised on the Platform at the time the order is placed. You agree to pay all charges and fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. 

  6. All orders and transactions are subject to Pather’s Shipping Policy, available via the Platform and also available here. 

Payments and Fees. 

Pather does not guarantee the availability of any payment method at any moment and Pather may add, remove, or suspend any payment method temporarily or permanently at Pather’s sole and absolute discretion. 

You agree to provide current, complete and accurate purchase and account information for all purchases made through the Platform, and to promptly update account and payment information in order to complete your purchases and contact you if and as necessary. 

Disclaimers, Liability, and Indemnification.

YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOUR USE OF ANY OF PATHER’S PLATFORM, ITS CONTENT, AND ANY DIGITAL GOODS, PRODUCTS, SERVICES, INFORMATION OR ITEMS FOUND OR ATTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. 

THE PLATFORM, ITS CONTENTS AND ANY DIGITAL GOODS, PRODUCTS, SERVICES, INFORMATION OR ITEMS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT SAVE AND EXCEPT FOR ANY WARRANTIES ASCRIBED BY APPLICABLE LAW. 

YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT PATHER MAKES NO WARRANTY, REPRESENTATION, OR ENDORSEMENT IN RELATION TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE PLATFORM OR ITS CONTENTS OR THAT ANY GOODS, SERVICES, DIGITAL PRODUCTS, INFORMATION OR ITEMS FOUND OR ATTAINED THROUGH THE PLATFORM SHALL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS SHALL BE CORRECTED, THAT OUR PLATFORM OR ITS SERVER, OR THE CONTENTS THEREOF ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR CODES.  

Limitation of our Liability.

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, IN NO EVENT SHALL PATHER BE LIABLE UNDER THESE TERMS OF SERVICE TO YOU OR ANY THIRD PARTIES FOR ANY CONSEQUENTIAL, INDIRECT, DIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING ANY DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF USE, DAYA, REVENUES, PROFITS, COST OF CAPITAL, LOSS OF BUSINESS OPPORTUNITY, LOSS OF GOODWILL, OR OTHERWISE, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), ANY OTHER THEORY OF LIABILITY, OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

Indemnification.

To the maximum extent permitted by applicable law, you, the user, understand, acknowledge and agree to defend, indemnify, and hold harmless Pather from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorney fees) arising out of or in relation to any breach, on your part, of the Terms of Service, your use of the Platform or any other document referenced herein. 

Privacy Policy.

Please refer to Pather’s Privacy Policy for all information and guidelines involving the use of your Personal Information (as defined under the Privacy Policy) while using the Platform – available via the Platform and here. 

Miscellaneous. 

These Terms of Service and all documents referenced herein shall be governed, construed, interpreted, and applied in accordance with the laws of the Province of Ontario and the federal laws of Canada. The Parties hereto irrevocably attorn to the jurisdiction of the courts of the Province of Ontario.

These Terms of Service and all documents referenced herein shall constitute the entire Terms of Service, together with all of other documents linked or referenced herein shall fully govern all use and services rendered via Pather’s online platforms. 

If any provision of these Terms of Service are determined to be void or unenforceable by a court of competent jurisdiction, in whole or in part, it shall be severable from all other provisions hereof and shall not be deemed to affect or impair the validity of any other provisions, and each such provision is deemed to be separate and distinct.

You, the user, hereby agrees that all covenants contained herein are reasonable and valid and waives all defenses to the strict enforcement thereof by Pather. 

The insertion of headings and division of provisions are for convenience of reference only and do not affect the construction or interpretation of these Terms of Service. The terms "this Agreement", "hereof", "hereunder" and similar expressions refer to this Agreement and not to any particular Section or other portion hereof and include Schedule A hereto (which is deemed to be part hereof) and any agreement supplemental hereto.  Unless something in the subject matter or context is inconsistent therewith, references herein to Sections are to Sections of this Agreement.

In these Terms of Service, words importing the singular number include the plural and vice versa, words importing any gender include all genders and words importing persons include individuals, partnerships, associations, trusts, unincorporated organizations and corporations.  The words "included", "includes" and "including" shall be deemed to be followed by the phrase "without limitation".

No failure to exercise nor a delay in exercising, on the part of Pather, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder shall preclude any further exercise of that or any other right or power hereunder. 

BY ACCESSING THIS WEBSITE: 

YOU ACKNOWLEDGE, ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS OF SERVICE;

YOU REPRESENT AND WARRANT THAT YOU ARE THE LEGAL AGE OF MAJORITY UNDER APPLICABLE LAW TO FORM THE BINDING CONTRACT HEREIN; 

ACCESSING THE PLATFORM FROM A JURISDICTION NOT PERMITTED IS AT THE USER’S OWN RISK; AND

YOU ACKNOWLEDGE, ACCEPT AND AGREE THAT PATHER SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM YOUR COMPUTER, YOUR INTERNET, YOUR DATA SECURITY OR THE MISUSE OF THE PLATFORM.