PanGlobal Training Systems Ltd.: Website Terms AND CONDITIONS of Use
This powerengineering.org Web Site (this "Site") is an online information site concerning the ordering and purchase by you of copies of learning materials owned by PanGlobal Training Systems Ltd. ("PanGlobal") or certain of its third party licensors ("Products") and concerning the downloading by you to this Site of content pursuant to Section 1 below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THIS SITE. BY ACCESSING OR USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THIS SITE. PANGLOBAL MAY MODIFY THE TERMS AND CONDITIONS OF THIS SITE AT ANY TIME AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED TERMS AND CONDITIONS ON THIS SITE. YOU AGREE TO REVIEW THE TERMS AND CONDITIONS OF THIS SITE PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS TO OR USE OF THIS SITE SHALL BE DEEMED TO BE YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED TERMS AND CONDITIONS. If CIRCUMSTANCES WARRANT, PanGlobal also may suspend your access to this Site or may close the Site immediately. Any material on the Site may be out of date at any given time and PanGlobal is under no obligation to update such information. The mechanics of ordering and purchasing Products and the return policy concerning Purchased Products are set forth in the "Bookstores" links on PanGlobal's general website as follows:
These links are referred to in this Site as "PanGlobal'S Linked Sites". The terms and conditions set forth in PanGlobal's Linked Sites shall be read in conjunction with the Terms and Conditions of this Site and, in the case of conflict, the Terms and Conditions of this Site shall apply.
1. Copyright, Licenses and Idea Submissions (Submitting Content)
The contents of this Site are protected by international copyright and trade-marks laws and global treaties. All such rights are reserved. Title to and copyright in and to the Site and its Terms and Conditions, including as may be modified by PanGlobal from time to time, and in and to PanGlobal's learning materials and Products vest in PanGlobal exclusively. Title to and copyright in and to learning materials and Products owned by PanGlobal's licensors, copies of which may be available for purchase by you as Products pursuant to PanGlobal's Linked Sites, vest in such licensors or the owners exclusively. All names, logos and trade-marks of PanGlobal or its licensors referred to in this Site, PanGlobal's Linked Websites or referred or attached to learning materials or Products continue to vest exclusively in PanGlobal or such licensors, as the case may be. By accessing or using this Site and/or the PanGlobal's Linked Sites and/or purchasing Products pursuant to same, referred to or linked to the Site, you do not have any right, title or interest whatsoever in or to any of the foregoing titles, copyrights, names, logos or trade-marks.
You may access and use this Site and PanGlobal's Linked Sites only for lawful and non-commercial purposes. You may not use any such Sites to transmit or procure the sending of unsolicited or unauthorized advertising or promotional material nor to create liability for PanGlobal in any way nor to knowingly download or transmit to or through the Sites materials that contain viruses, Trojan horses, spyware, adware or that adversely affect the operation of any software or hardware.
You may download, input or submit to PanGlobal for inclusion on this Site content ("Content") in connection only with PanGlobal owned Products. If you download, input or submit Content to this Site that PanGlobal does not, at its sole determination, delete upon receipt, you are deemed to grant automatically to PanGlobal a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, reproduce, distribute, disclose, transmit, modify, improve, create derivative works of and publicly display any such Content (including, without limitation, the ideas contained therein). You also grant to PanGlobal in connection with such Content submitted by you the right (but not the obligation) to use your name in connection with the submitted Content as well as in connection with all PanGlobal advertising, marketing and promotional materials related thereto as the same relate to any PanGlobal Products. You agree that you shall have no recourse against PanGlobal and/or its licensors for any alleged or actual infringement or misappropriation respecting any such Content. Any Content you download to this Site will be considered non-confidential and PanGlobal has the right to disclose your identity to any third party if such third party claims that the Content constitutes a violation of its confidential, privacy, proprietary or intellectual property rights. PanGlobal shall not be liable for any Content downloaded by you to the Site. PanGlobal also may remove any Content downloaded by you to this Site at any time at its sole discretion. All Content downloaded by you to this Site shall be accurate, be genuinely held and comply with applicable laws and the downloading by you of such Content to this Site and the licence by you to PanGlobal of such Content pursuant to these Terms and Conditions shall not infringe any third party's titles, rights or interests in the Content.
2. Use of the Site
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND PANGLOBAL'S LINKED SITES. PANGLOBAL PROVIDES THE SITE AND PANGLOBAL'S LINKED SITES ON AN "AS IS" BASIS AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO PANGLOBAL'S OR ITS LICENSORS' OR ANY THIRD PARTY'S LEARNING MATERIALS, PRODUCTS, SERVICES OR INFORMATION PROVIDED ON AND/OR THROUGH THIS SITE AND/OR PANGLOBAL'S LINKED SITES. PANGLOBAL SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM A TRANSACTION UNDER OR THROUGH THE SITE AND/OR SUCH LINKED PANGLOBAL WEBSITE. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, PRODUCTS AND INFORMATION PROVIDED BY OR THROUGH THIS SITE AND PANGLOBAL'S LINKED SITES. PANGLOBAL DOES NOT WARRANT THAT THIS SITE NOR PANGLOBAL'S LINKED SITES WILL BE UNINTERRUPTED, ERROR-FREE OR VIRUS FREE OR THAT WEBSITE DEFECTS WILL BE CORRECTED. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT AND FOR MAINTAINING A MEANS EXTERNAL TO THIS SITE OR PANGLOBAL'S LINKED SITES FOR THE RECONSTRUCTION OF ANY LOST DATA.
WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, IN NO EVENT SHALL PANGLOBAL, ITS SHAREHOLDERS AND LICENSORS AND ITS AND THEIR RESPECTIVE DIRECTORS, GOVERNORS, OFFICERS, EMPLOYEES, AGENTS AND CONSULTANTS (COLLECTIVELY, THE "PANGLOBAL PARTIES") BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR INDIRECT DAMAGES, LOSSES OR COSTS (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL AND THE LIKE) ARISING OUT OF YOUR USE OF OR INABILITY TO USE THIS SITE AND/OR PANGLOBAL'S LINKED SITES AND/OR ANY INFORMATION, CONTENT OR TRANSACTIONS DOWNLOADED TO OR CARRIED OUT IN OR THROUGH THIS SITE AND/OR PANGLOBAL'S LINKED SITES NOR FOR DELAY OF ANY DELIVERY OR TRANSMISSION OF ANY PRODUCTS ORDERED BY YOU ON OR THROUGH THIS SITE AND/OR PANGLOBAL'S LINKED SITES, EVEN IF PANGLOBAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR COSTS, NOR FOR ERRORS, OMISSIONS OR OTHER INACCURACIES ARISING ON OR THROUGH THIS SITE AND/OR PANGLOBAL'S LINKED SITES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, CERTAIN PROVISIONS CONTAINED IN THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH CASE, PANGLOBAL'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
PanGlobal makes no representations whatsoever about this Site any other web site that you may access through the Site or that links to this Site, including PanGlobal's Linked Sites.
You agree to hold harmless and indemnify the PanGlobal Parties from and against any third party actions, claims, liabilities, losses, damages, costs and expenses arising from or related to any breach by you of the Terms and Conditions of this Site and/or PanGlobal's Linked Sites and/or your violation of any applicable laws or any rights of such third party in respect to this Site, including without limitation, arising in respect of the submitting by you of Content pursuant to Section 1 above. PanGlobal shall control the defence of any matter that is subject to this indemnity and you shall reasonably cooperate with PanGlobal in that regard.
3. Purchase of Products
The mechanics of ordering, purchasing, delivering of Products and return of purchased Products is referred to in PanGlobal's Linked Sites, which may be revised by PanGlobal from time to time. Please check these Sites at the time you place a purchase order to ensure that the Products may be available at such time.
PanGlobal's Linked Sites also contains the electronic purchase order form that you must use when ordering Products, whether the Products will be in printed or electronic format upon delivery. All information referred to in such form must be completed in full in order for PanGlobal to accept your purchase order. Within 96 hours of the time you submit any such completed purchase order form, PanGlobal will confirm to you, by e-mail to the email address set forth in your completed form, the Products you have ordered and whether such Products are "in stock" and available. If the Products are "in stock" and available, PanGlobal will expressly state that it accepts the order, subject to receipt of payment in accordance with the payment terms in PanGlobal's Linked Sites.
In certain cases, PanGlobal's confirmation of the Products you have ordered will not constitute acceptance and PanGlobal may direct you to a third party website to complete the order and acceptance.
Subject to any other terms of non-acceptance expressly set forth in PanGlobal's Linked Sites, your order may not be accepted by PanGlobal if:
- the Product is not "in stock" and available;
- your payment is not authorized;
- there is a website error concerning price or details; or
- you cancel your order prior to delivery.
NOTWITHSTANDING ANY OF THE TERMS AND CONDITIONS OF THIS SITE OR PANGLOBAL'S LINKED SITES, PANGLOBAL RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO REFUSE ANY ORDER FOR PRODUCTS.
Prices for Products are quoted in Canadian currency and payment is accepted only in Canadian currency. Costs of packaging, delivery and shipping (export, import, customs, etc.) of ordered printed Products and the Canadian goods and services tax payable on all Products purchases will be added to the total Products price and referred to in PanGlobal's e-mailed acceptance of the purchase order. You will be charged for the Products purchased at the time of PanGlobal's acceptance of the purchase order.
Return of delivered Products is available:
- for retail customers – within 30 days following electronic transmission or shipping date of the Products.
- for educator/PanGlobal approved resellers – within 180 days following electronic transmission or shipping date of the Products.
In order to return any Products and obtain a refund from PanGlobal, a Return Authorization Form attached to this [PanGlobal's Linked Sites] must be completed in full, submitted to PanGlobal electronically within the applicable timeframe referred to above and receipt of same acknowledged by PanGlobal by return email (the "Acknowledgement") before the Products are returned. The return of the printed Products will be accepted only if printed Products remain in the original container and packaging, with any cellophane wrapping intact and the Notice to Reader sheet is included. You are responsible for arranging redelivery of the Products to PanGlobal and all costs of redelivery and related shipping costs to PanGlobal shall be borne by you. Electronically delivered Products are not returnable or refundable. Customized Products are not returnable or refundable.
- A return and processing fee of 20% of the purchase price will be charged by PanGlobal for all returns of Products ordered by educators/PanGlobal approved resellers.
- A return and processing fee of 25% of the purchase price will be charged for returns of Products by other customers.
Return and processing fees will be referred to in PanGlobal's emailed Acknowledgement. The Acknowledgement also shall contain or be accompanied by a Return Authorization Number and directions for the return of the Products. Each Products type requires submission by you of a separate Return Authorization Form (ie. combination of various Products, such as e-books and textbooks or different ISBN's). When after sending back the Acknowledgement, PanGlobal receives actual delivery of the returned Products within the required timeframe in the condition referred to above, a credit or refund will be processed, less the related return and processing fees, within 30 days of receipt of delivery by PanGlobal of the returned Products. If you purchase Products by purchase order through a PanGlobal Account, the refund will be credited to your PanGlobal Account. PLEASE REVIEW THIS WEBSITE FOR ANY FURTHER DETAILS CONCERNING THE RETURN OF PRODUCTS.
Returns processes and terms for return of any other third party Products purchased through a third party's website accessed through this website or any PanGlobal site shall be governed by the terms of the applicable third party's website only.]
4. Other Provisions
This Site may not be framed on or linked to any other website by you (except for PanGlobal's Linked Sites). Where this Site contains links to other websites through you (and not through PanGlobal), the contents of those websites are not the responsibility of nor endorsed in any manner by PanGlobal. Any access by you to any such other websites through you are at your sole risk.
PanGlobal will determine, at its discretion, whether there has been any breach by you of the terms and conditions of this Site or PanGlobal's Linked Sites. Where any such breach occurs, PanGlobal shall pursue such legal actions available to it as it deems appropriate.
Failure by you to comply with the foregoing Terms and Conditions in this Site and/or terms and conditions in PanGlobal's Linked Sites website may result in PanGlobal immediately and temporarily or permanently withdrawing your right to use this Site and PanGlobal's Linked Sites as well as withdrawing your right to download Content to this Site.
You may not assign, transfer or subcontract any of your rights under these Terms and Conditions nor under the terms and conditions of PanGlobal's Linked Sites.
The terms and conditions of this Site and of PanGlobal's Linked Sites website are governed by and construed in accordance with the laws of the Province of Alberta and the applicable federal laws of Canada. The Alberta courts have exclusive jurisdiction over any claim or action arising from or related to the Site and/or PanGlobal's Linked Sites, although PanGlobal retains the right to bring proceedings against you for breach of this Site and/or the PanGlobal's Linked Sites in your jurisdiction of residence, business or in any other relevant jurisdiction.