BY ORDERING PRODUCTS FROM D-LINK, YOU AGREE TO BE BOUND BY AND ACCEPT THESE TERMS OF SERVICE. IF YOU HAVE A SEPARATE AGREEMENT THAT IS SIGNED BY D-LINK REGARDING THE SUBJECT MATTER CONTAINED HEREIN, EXCEPT FOR ANY CONFLICTING TERMS WHICH SHALL BE READ IN FAVOR OF THE OTHER AGREEMENT, THESE TERMS OF SERVICE SHALL CONTINUE TO GOVERN. THESE TERMS OF SERVICE, TOGETHER WITH YOUR ORDER INFORMATION, CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND D-LINK WITH RESPECT TO YOUR PURCHASE OF PRODUCTS FROM D-LINK AND may not be supplemented, altered or modified by your use of any other document(s). Any attempt by you to modify, supplement or amend the Terms of SERVICE will be null and void unless agreed to in writing by D-Link.
PLEASE READ THE TERMS OF SERVICE CAREFULLY AS YOUR USE OF THE WEBSITE CONSTITUTES YOUR ACCEPTANCE OF THE TERMS OF SERVICE AND ANY SUBSEQUENT MODIFICATIONS THERETO. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF SERVICE, PLEASE DISCONTINUE USE OF THE WEBSITE.
An order that you submit to D-Link for Products (an "Order") constitutes your offer to purchase Products referenced in your Order and is subject to acceptance by D-Link in D-Link's sole discretion. Your Order shall be deemed to be accepted if and when D-Link sends an order acceptance to you or ships the Products to you.
At any given time, availability of any Product may be limited or may not be available for immediate delivery. D-Link reserves the right to limit the quantity of Products sold or licensed. If you order Products that are not available, D-Link will notify you by phone or by email.
D-Link reserves the right, in its sole discretion and without incurring any liability and without prior notice to you, to do any of the following:
All prices are in Canadian dollars. D-Link reserves the right to change the prices, fees and charges for its Products at any time and from time to time without any liability or notice to you or any other person. Prices do not include charges for shipping, handling, insurance and taxes. You shall pay any duties and taxes associated with the purchase of the Products, including, without limitation, all Canadian federal goods and services taxes and all applicable provincial taxes. Unless otherwise agreed to in writing and signed by an authorized representative of D-Link, all costs associated with the shipping of Products (including, without limitation, insurance, customs, duties, excise taxes and other applicable taxes) from D-Link's facilities in Mississauga, Ontario or other shipping points in North America as designated by D-Link, shall be paid by you.
All payments are payable in Canadian dollars. For purchases made through the Website, D-Link accepts only credit card payments. D-Link reserves the right to change payment terms at any time in its sole discretion.
For payments by credit card, payment authorization by your credit card company or financial institution must be received by D-Link prior to D-Link's acceptance and shipping of your Order. D-Link only accepts Visa® and MasterCard®. By submitting a credit card number with an Order, you are authorizing D-Link and its third-party credit card processor to charge the amount of any payments owing to D-Link in respect of the particular Order to the credit card. D-Link shall not be liable in any way if your credit card company or financial institution refuses to accept or honour the credit card number you provide to D-Link for any reason.
Risk of loss or damage to Products shall pass from D-Link to you upon the earliest of: (i) shipment of such Products from D-Link's facility; or (ii) receipt by you of such Products.
Title to Products shall pass to you only upon receipt by D-Link of payment in full for the Products, except for title to software furnished as a Product or as a part or component of a Product ("Software"). D-Link and/or D-Link's licensors retain all proprietary rights, title and interest in and to any and all Software. All Software is provided for use by D-Link under an end-user license agreement shipped with the Software. Unless otherwise stated in the applicable end-user license, all Software is provided on a non-exclusive and limited use basis for internal business or personal use only and no person shall modify, enhance, reverse-engineer, decompile, disassemble, or otherwise change or supplement the Software.
D-Link retains a security interest in the Products it ships until payment is received in full.
D-Link reserves the right at any time to reject, correct, cancel or terminate any Order (accepted or otherwise) for any reason whatsoever.
If you wish to cancel an Order, you may request a cancellation by sending an email to Customer Service. If D-Link does not receive and process your cancellation request before D-Link ships your Order, your cancellation request will be rejected.
The warranties in respect of Products, if any, are as set out in the pre-printed warranty materials shipped with the applicable Product or online at http://support.dlink.ca.
D-Link has no obligation to monitor the Website. However, you agree that D-Link has the right to monitor the Website electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Website properly, or to protect itself or its users.
The Website may contain links to third-party Websites. D-Link has no control over such third-party Websites. D-Link makes no representations or endorsements whatsoever about any such linked site or with respect to any product and/or service available on any such linked site. It is your responsibility to take precautions to ensure that any material obtained by you from any such linked site is free of items such as viruses and other items of a destructive nature. Use of any such linked site and/or any information obtained therefrom is at your own risk.
D-Link endeavours to provide current and accurate information on the Website. Nevertheless, misprints or other errors may occur. Accordingly, D-Link reserves the right to change the functionality or specifications of any of its products and/or the prices, fees and charges for any of its products and services advertised or made available through the Website at any time and from time to time without any liability or notice to you or any other person. Also, D-Link cannot guarantee that goods or services advertised on the Website will be available when ordered or thereafter. If you order goods or services for which the price was incorrectly displayed, D-Link will provide you with an opportunity to place an order at the correct price. If you order goods or services that are not available, D-Link will notify you by email. D-Link reserves the right to limit quantities licensed or sold.
© 2022 D-Link Canada Inc. All rights reserved. All materials and information published on or otherwise accessible through the Website including, without limitation, text, images, graphics, audio clips and software (collectively, the "Content") of the Website is protected by Canadian and other national and international copyright, trademark and other laws. All Content is owned or controlled by D-Link or D-Link's licensors. The copying, reproduction, redistribution or publication of any part of the Website and/or the Content is prohibited, unless expressly authorized in writing by D-Link. Use of the Content for any purpose other than as expressly permitted by the Terms of Use or by the owner of the Content is prohibited and may result in civil and/or criminal penalties. You agree to abide by all additional copyright notices and restrictions contained in any Content and in any other content accessed through the Website. You acknowledge that you do not acquire any ownership rights by downloading Content from the Website.
The trademarks, logos, names and icons identifying D-Link and/or any third party or any of their respective products and/or services (collectively the "Trade-marks") displayed on the Website, are registered and unregistered Trademarks of D-Link and others. Nothing contained on the Website should be construed as granting any license or right to use any Trademark displayed on the Website, without the written permission of D-Link or other owner. Your use of the Trademarks is prohibited. You are advised that D-Link will enforce its intellectual property rights to the fullest extent of the law.
YOU AGREE THAT YOUR USE OF THE WEBSITE (INCLUDING DOWNLOADING MATERIAL) IS AT YOUR SOLE RISK AND IS PROVIDED BY D-LINK ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, D-LINK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. THE ENTIRE RISK ARISING OUT OF USE, PERFORMANCE OR NON-PERFORMANCE OF THE WEBSITE REMAINS WITH YOU. D-LINK DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE CONTENT ON THIS SITE OR ANY SITES LINKED TO THIS SITE.
EXCEPT AS EXPRESSLY SET OUT IN AN ORDER ACCEPTED BY D-LINK OR IN THESE TERMS OF SERVICE OR IN ANY PRE-PRINTED D-LINK WARRANTY DOCUMENTATION ACCOMPANYING A PARTICULAR PRODUCT, ALL PRODUCTS SOLD OR PROVIDED BY D-LINK ARE BEING PROVIDED ON AN "AS-IS" BASIS WITHOUT ANY WARRANTY AND CONDITION OF ANY KIND. D-LINK HEREBY WAIVES ANY AND ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT SHALL D-LINK BE LIABLE TO YOU FOR ANY LOST REVENUE, LOST PROFITS, OR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR INDIRECT DAMAGES HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE OR STRICT LIABILITY) ARISING OUT OF OR IN CONNECTION WITH ANY ORDER, THESE TERMS OF SERVICE, THE USE OF INABILITY TO USE THIS WEBSITE OR ANY PRODUCT, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
IN RESPECT OF ANY CLAIM, DEMAND OR ACTION BY YOU AGAINST D-LINK OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS OR THIRD PARTY CONTRACTORS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH ANY ORDER, THESE TERMS OF SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, A BREACH OF ANY OF D-LINKS OBLIGATIONS UNDER ANY ORDER OR THESE TERMS OF SERVICE (WHETHER OR NOT A FUNDAMENTAL BREACH), YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO RECEIVE FROM D-LINK PAYMENT FOR ACTUAL AND DIRECT DAMAGES TO A MAXIMUM AGGREGATE AMOUNT EQUAL TO THE SUM PAID BY YOU TO D-LINK FOR THE PARTICULAR PRODUCT(S) GIVING RISE TO THE CLAIM.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, AND THE PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE WEBSITE, OR WITH ANY OF THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
You agree to indemnify, defend and hold D-Link, its employees, directors, officers, agents and third-party contractors harmless against all claims, liabilities, judgments, damages and losses (including legal fees and disbursements) arising out of or in connection with any breach by you of these Terms of Service and/or any Order.
By submitting your personal information to D-Link when placing your Order, you agree that you have read and agree to be bound by D-Link's Privacy Policy. For the Privacy Policy, please visit Privacy Policy.
D-Link may, in its sole discretion, terminate or suspend your access to all or part of this Website for any reason, including, without limitation, your breach of the Terms of Use. Any suspected fraudulent, abusive or illegal activity may result in termination of your access and the activity may be referred to appropriate law enforcement authorities.
Failure of D-Link to perform any of its obligations under any Order or these Terms of Service by reason of fires, floods, freezes, accidents, wars (whether or not declared), riots, insurrections, acts of God, acts of government (including, without limitation, the Government of Canada), acts of public enemy, inability to obtain materials, labour unrest or material shortages, or other causes which are beyond the control of D-Link, shall not constitute a default or breach of any Order or these Terms of Service so long as such condition exists and prevents performance.
Products obtained from D-Link may be subject to applicable export laws and regulations. You will comply with such laws and regulations whenever you export any Products obtained from D-Link. In addition, you acknowledge that Product warranties may be null and void for Products exported or used outside Canada.
These Terms of Service and any Order shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, excluding the conflict or choice of law provisions. You and D-Link hereby expressly waive the application of the United Nations Convention on Contracts for International Sale of Goods, and any local implementing legislation. You agree that the courts in the Province of Ontario located in Mississauga, Ontario have non-exclusive jurisdiction over any dispute between you and D-Link.
If any provision or provisions of these Terms of Service or any Order shall be held to be invalid, illegal or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
The Terms of Service shall bind and enure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives and permitted assigns. You shall not assign your rights or obligations hereunder without D-Link's prior written consent.
D-Link TechConnect premium service is a fee based technical support consultation service. By purchasing a support package, you are signifying your understanding and acceptance of the following terms of service: support incidents are charged on a per issue basis. Only one device can be consulted per issue/incident. Support packages will expire 12 months after the purchase date. Customers will have a 7-day grace period in which they can call regarding the same issue with the same device. After the expiry of the 7-day grace period, customers will be required to purchase a new support package or use an additional incident from their existing package. Due to circumstances beyond our control, D-Link cannot guarantee a resolution to your issue. The fee is for a consultation service and will apply whether your problem is completely resolved or not. By purchasing a TechConnect Support package you are acknowledging your understanding and acceptance of the limitations and conditions of these terms of service.
D-Link reserves the right to update the Terms of Service as required. If D-Link decides to amend the Terms of Service, D-Link will post the amended Terms of Service on the Website. Posting of amended Terms of Service shall constitute notice to you. All amended Terms of Service shall be effective immediately upon such notice. Your continued use of the Website after such modifications will constitute your:
The parties confirm that it is their wish that these Terms of Service and any other documents delivered or given pursuant to these Terms of Service, including notices, have been and shall be in the English language only. Les parties aux présents confirment leur volonté que cette convention de même tous les documents, y compris tous avis, s'y rattachant, soient rédigés en anglais seulement.
Revision Date: July 1. 2022