Terms And Conditions

Legal

By your use of the CAPS website, you agree that the following Terms of Use form a legal and binding agreement between you and CANADIAN AUTO PARTS SUPPLIERS, its affiliates, and related entities (collectively, "CAPS."), and that you will comply with the terms and provisions hereof.

Website Access

When you sign up for an account on the CAPS website, you will be asked to provide specific information in order to create an account. You acknowledge that all information you provide is current, correct, and complete according to these Terms of Use. CAPS reserves the right to terminate your account or refuse you access to its websites for any reason including, but not restricted to, the provision of outdated, incorrect, false, or incomplete information. CAPS may take these measures at any time and without prior notice.

Restrictions on Use

By accessing the CAPS website, you agree that you will only use it for its intended purposes and avoid engaging in behavior that is unlawful or violates these Terms of Use. You may not, under any circumstances, co brand, frame, or hyperlink to CAPS website, unless CAPS allows you to do so, which decision shall be made by CAPS at its own sole discretion. These behaviors are defined as follows:

• Co-branding: You will not display CAPS brand, trademarks, or logos on any website not affiliated with CAPS or one of its various partners.
• Framing: You will not frame CAPS website within any structure or navigation element of a website not affiliated with CAPS or one of its partners.
• Hyperlinking: You will not provide a hyperlink to CAPS website on an unaffiliated website, unless you are allowed to do so by CAPS at its own sole discretion.

You agree to cooperate with CAPS and immediately cease any instances of branding, framing, or unauthorized hyperlinking upon request. You also agree to avoid acting in a manner that disables, overburdens, damages, or impairs the ability of others to use the CAPS website. You may not access, or attempt to access, information or confidential materials which are not intentionally made available through the CAPS website.

Communication Services

By using the communication services, bulletin boards, forums, and any other messaging systems provided on the CAPS website, you agree to use these services only for their intended purposes and according to these Terms of Use. You will not post, send, submit, publish, or transmit any of the following on CAPS digital platforms:

• Proprietary material or intellectual property belonging to CAPS or a third party
• Materials describing or advocating for illegal activity or expressing the desire or intent to commit a crime
• Vulgar, obscene, or pornographic material
• Threats, abuse, libel, defamation, harassment, or threatening or offensive language
• Materials that harm or exploit children and minors
• Names, phone numbers, addresses, email addresses, or other personal details of any third party
• Misleading or exploitative content, or any material that impersonates or misrepresents another entity or person
• Material that is not properly attributed to the appropriate author or legal owner
• Material consisting of personal or commercial solicitations, "spam," chain letters, or any other mass messaging
• Material that contains malware, viruses, or any other destructive mechanism that poses a risk to the website
• Solicitations for political campaigns or a political candidate

CAPS reserves the right to monitor the use of its website and other digital platforms to ensure compliance with these Terms of Use. CAPS reserves the right to remove any content which violates these Terms of Use and to restrict the access of users who refuse to follow the guidelines outlined herein. CAPS may disclose to third parties, including law enforcement personnel, as much information as necessary to satisfy applicable law and the orders of any court or administrative agency, and to ensure the safety of CAPS business, customers, and employees. CAPS will remove, or deny the use of, any materials from its website that do not satisfy the requirements outlined in these Terms of Use.

Proprietary Information

The material and content accessible from this website, and any other website owned, operated, licensed, or otherwise controlled by CAPS (the "Content") is the proprietary information of CAPS or the party that provided or licensed the Content to CAPS. The Content expressly includes trademarks, service marks, logos, and copyrighted works belonging to CAPS and its affiliates. The Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of CAPS except for printing out a copy of the Content solely for personal use. In doing so, the Content may not be removed or altered, or caused to be removed or altered, including any copyright, trademark, trade name, service mark, or other proprietary notice or legend appearing on the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates CAPS intellectual property rights. Neither title nor intellectual property rights are transferred to anyone accessing this website. Third Party Links and Hyperlinks

CAPS website may be hyperlinked by other websites not owned or maintained by CAPS or its affiliated parties. CAPS does not sponsor traffic to its website from external sources, and these links are provided as a service to users of those respective sources. When you follow a link to a third party website from CAPS website and access external content, you agree to the respective third party policies and terms of the websites you visit. CAPS is not responsible for the content of external third party links, which you should access at your own risk and discretion. CAPS does not guarantee the completeness, accuracy, or safety of third party links. CAPS provides hyperlinks as a convenience to customers and website users, and links to third party websites do not represent an endorsement of other organizations, their products, or their services by CAPS.

Submissions

By submitting content to CAPS through its website, you grant CAPS the worldwide, royalty-free, sublicensable, non-cancellable, and non exclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute, and display comments, reviews, ideas, and feedback through its website. CAPS also reserves the right to incorporate such content into other forms of media or technology to further its business objectives. Such submissions will not be considered confidential and may be used in marketing materials, products, or advertising without incurring any liability for royalties. CAPS will handle the security of personal information and details according to its Privacy Policy.

Warranty Disclaimer

CAPS does not assume any responsibility for your use of the Internet or the downloading of potentially harmful files. You are responsible for protecting your computers and mobile devices from viruses, malware, worms, Trojan horses, and other security risks that may harm the integrity of your hard drive, files, or operating systems. You are responsible for protecting your data with personal anti-virus software, firewalls, and other sufficient programs, and recovering your lost data, in the event of a security breach or malfunction.

CAPS MAKES NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, BY LAW OR OTHERWISE, WITH REGARD TO THE USE OF OUR WEBSITE AND OTHER DIGITAL PLATFORMS, OR ANY PRODUCTS OR SERVICES PURCHASED THEREON, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. YOUR USE OF CAPS WEBSITE IS AT YOUR OWN RISK, AND THE CONTENT CONTAINED ON OUR WEBSITE IS PRESENTED AS IS AND WITHOUT GUARANTEE AGAINST ERRORS, DEFECTS, OR SECURITY RISKS. WARRANTIES ON PRODUCTS MAY BE AVAILABLE FROM THE MANUFACTURER THEREOF. WE MAKE NO WARRANTY REGARDING, AND ARE NOT RESPONSIBLE FOR ANY INTERRUPTION OF, INTERNET SERVICE. WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY FOR ANY LOSS, DAMAGE OR INJURY TO PERSONS OR PROPERTY CAUSED BY YOUR USE OF THE WEBSITES AND OTHER DIGITAL PLATFORMS.

You are responsible for the entire cost of servicing, repairing, or correcting any loss or damage resulting from the use of CAPS website. Prices and availability of products sold on CAPS website may change without notice. CAPS does not assume responsibility for your use of the Content on its website and cannot be liable if your actions infringe on the rights and privacy of others. All of the information on the CAPS website applies only as of the posted date, and CAPS has no obligation to update or remove such information upon request. Limitation of Liability CAPS and the "Indemnified Parties" (defined below) will not be liable or responsible for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages, even if CAPS was advised of the possibility of such damages. At no point will the collective liability of CAPS or any of the aforementioned parties (regardless of the form of action, whether in contract, tort, or otherwise) exceed the greater of $100 or the amount you have paid to CAPS for the applicable Content or service out of which liability arose.

Indemnity

If you breach or violate these Terms of Use or the Privacy Policy, or use any CAPS Content for a purpose not explicitly authorized by CAPS in these Terms of Use, you will release, defend, indemnify, and hold harmless CAPS and the Indemnified Parties (defined below) from responsibility for such breaches and violations. You agree that CAPS and the Indemnified Parties will have no liability for any resulting losses, damages, judgments, awards, costs, expenses, and attorney's fees in connection with such breach or unauthorized use, and you will release, defend, indemnify and hold harmless CAPS and the Indemnified Parties from the same. You also release, defend, indemnify and hold harmless CAPS and the Indemnified Parties from any liability pertaining to claims brought by third parties that result from your breach, violation, or unauthorized use of CAPS website and content. "Indemnified Parties" includes CAPS, and any parent company, subsidiaries, and affiliates thereof, and their respective officers, directors, shareholders, partners, employees, agents, representatives, subcontractors, successors, and assigns.

Choice of Law and Jurisdiction

These Terms of Use will be governed and interpreted according to the laws of the province of Ontario, Canada, without giving effect to its conflict of law principles. In the case of a legal dispute concerning these Terms of Use, the use of CAPS website, or other legal matter, you consent to venue in a court of competent jurisdiction within the geographic boundary of OTTAWA in the province of Ontario.

Security

Your password for the CAPS website is for your use only. You are responsible for keeping your password safe, secure, and updated regularly. CAPS will not monitor or protect your password, and you may be required to change it if CAPS suspects the security of its website has been compromised. You must use a password that CAPS deems secure and change it periodically, or CAPS reserves the right to terminate your account. The use of tools or programs designed to compromise CAPS website security (password breaking software, hacking tools, or unwanted probes) is strictly prohibited. By using CAPS website, you agree to take the appropriate actions to maximize the security of your own account information, as well as cooperate with CAPS employees and security staff if a breach of security is discovered. You are prohibited from compromising security, tampering with system resources, or willingly releasing account details to unauthorized parties. CAPS reserves the right to investigate any violation or breach of security by releasing personal details to system administrators or legal authorities in order to resolve security incidents. In the case of a court or administrative agency order or other legal inquiry, CAPS reserves the right to comply and cooperate with law enforcement and satisfy such requests for user information. If requested for legal purposes, CAPS may disclose such information as names, user account details, messages, or any proof of violation of CAPS Terms of Use. By using CAPS websites, you release CAPS and the Indemnified Parties from any liability for losses or damages resulting from CAPS compliance with such orders or inquiries, which are taken as a consequence of your activity on its website.

Tracking Information Legal Restrictions

CAPS may provide you with tracking information obtained through various shipping services for the purpose of tracking orders mailed to you from its website. Any package tracking system and tracking information obtained through this service are the sole property of the third party's respective services. You will not use these tracking systems for purposes not permitted by these Terms of Use. Any unauthorized use of these services, other than to track shipments to you, will be considered a violation of these Terms of Use. You will not publish, distribute, copy, store, use, or sell such tracking information for commercial gain without the express consent of the applicable shipper(s). The respective tracking systems are provided as a service, and any access or use of these systems that violates these Terms of Use is strictly prohibited.

Termination or Restriction of Access

If you violate any of CAPS Terms of Use, CAPS may at any time, and without notice, terminate or restrict your access to its website and services.

Assignability

CAPS reserves the right to assign these Terms of Use in part or in full to any affiliate or successor of CAPS without notice. You may not assign your rights and obligations described in these Terms of Use without prior, written consent from CAPS.

Severability

If any provision, in part or in full, of these Terms of Use is determined to be void or unenforceable, the remaining provisions of these Terms of Use shall not be affected. All remaining provisions shall remain binding, and in full force and effect.

Disputes

1. Disputes and Claims: If any dispute or claim of any type arises between us with regard to your use of the CAPS website or any products or services sold or distributed through the website, the dispute or claim will be resolved in Ontario, or remotely, by binding arbitration, rather than through the courts. The exception to this requirement is described in subparagraph (e) below. In arbitration, there is no judge or jury. The arbitrator, however, can award damages just as a judge or jury can.


2. Arbitration Procedures: Any arbitration proceeding will be administered by a certified arbitrator in accordance with the provisions of the Arbitrations Act, 1991, S.O. 1991, c. 17("the Act"). We will jointly select a single arbitrator, but if we cannot agree on the selection of an arbitrator, we will each select our own arbitrator, and the two arbitrators so selected will in turn select a third, who will be the arbitrator who will conduct the arbitration. The arbitrator may conduct the arbitration by teleconference or videoconference. If the arbitrator deems it necessary to conduct the arbitration in person, the arbitration will be held in Ottawa at a location which is mutually agreeable to us. In the event we can't agree on a location, the arbitrator shall choose a location in Ottawa, taking into account the cost and ability to travel of the parties.


3. Arbitration Fees and Incentives: The Act will govern payment of all arbitration fees.


4. No Class Actions: We agree that all disputes between us will be resolved on an individual basis, and you may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.


5. Exceptions to Agreement to Arbitrate: Either you or CAPS may assert claims, if they qualify, in small claims court in Ottawa, Ontario only. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in the arbitration procedure described above.


6. YOU UNDERSTAND: BY AGREEING TO ARBITRATE ALL DISPUTES AND CLAIMS AS SET FORTH ABOVE, THAT YOU ARE WAIVING YOUR RIGHT TO RESOLVE YOUR DISPUTE OR CLAIM THROUGH OTHER AVAILABLE DISPUTE RESOLUTION PROCESSES, INCLUDING COURT ACTIONS OR ADMINISTRATIVE PROCEEDINGS. YOU UNDERSTAND AND AGREE THAT YOU ARE ALSO WAIVING YOUR RIGHT TO A TRIAL BY JURY AND, PURSUANT TO SUBPARAGRAPH (d) ABOVE, YOUR RIGHT TO PARTICIPATE IN ANY CLASS ARBITRATIONS, ACTIONS , OR CONSOLIDATED OR REPRESENTATIVE ARBITRATIONS OF ANY KIND. YOU ALSO AGREE NOT TO COMMENCE A DISPUTE AGAINST ANY OTHER PERSON OR CORPORATION WHO MIGHT CLAIM CONTRIBUTION OR INDEMNITY AGAINST CAPS UNDER THE PROVISION OF A CONTRACT OR THROUGH A CLAIM IN NEGLIGENCE. IF YOU DO COMMENCE SUCH AN ACTION OR TAKE ANY SUCH PROCEEDINGS, THEN THE YOU WILL BE LIABLE FOR THE LEGAL COSTS INCURRED BY CAPS IN ANY SUCH PROCEEDING ON A SUBSTANTIAL INDEMNITY SCALE. THESE TERMS SHALL OPERATE CONCLUSIVELY AS AN ESTOPPEL IN THE EVENT OF ANY CLAIM, ACTION, COMPLAINT, CAUSE OF ACTION, PROCEEDING OR DEMAND WHICH MIGHT BE BROUGHT IN THE FUTURE BY YOU.


7. Governing Law: Arbitrations Act, 1991, S.O. 1991, c. 17 and other Provincial and Federal Laws will govern this agreement to arbitrate. Except for the provision relating to the waiver of class and representative actions, if a court decides that any part of this agreement to arbitrate is invalid or unenforceable, the remainder of this agreement to arbitrate shall remain in effect.

Privacy Statement

For more information on CAPS privacy practices and policies, please see the company's Privacy Statement.

Ordering

At the time you place your order, our system will validate the credit card information you provided and verify that funds are available in your account. If the information you provided during checkout fails to coincide with the information on file for the credit card you used, our security system will deny your order. If the information you provided is accurate, your credit card will be charged for the full amount of your order on the day that your order is shipped.

Shipping and Delivery

All delivery dates provided by CAPS are based upon the package size and weight of the order, and are estimates only. CAPS cannot guarantee the speed or accuracy of delivery dates provided by any of its commonly used shipping partners. CAPS is also not responsible for the security of deliveries that are missing or stolen from the delivery location. Deliveries become the sole responsibility of the customer once the order has reached the address indicated in the tracking information. CAPS does not guarantee that your order will be replaced or refunded in the event of a lost or stolen package.

Pricing

CAPS does not provide a price match or low price guarantee when you make a purchase from our online store. Because actual pricing and sales tax costs vary from location to location, CAPS also does not guarantee the actual pricing for products sold at any of our stores. Your final total for purchases that you make online, or at any of our retail locations, may not reflect the same dollar amount that you would pay at another one of our stores.

Clearance and Promotional Items

Clearance prices are only good while supplies last, and are provided on a first come, first served basis. CAPS does not offer back orders or rain checks on clearance items. Our stores are not able to order, restock, or transfer in any clearance items, and CAPS does not substitute any other items for a clearance-priced item. Other sales, discounts, or promotional codes will not be applied to clearance pricing, and CAPS does not offer large quantity discounts. Clearance items are not eligible for, or count toward, any shipping promotions or discounts, even when combined with other items in your order. CAPS does not ship any clearance item, part, or product to another store. All sales for clearance items are final, and clearance items are sold "as is." Clearance items cannot be returned or refunded. CAPS does not guarantee that the quantity of clearance items you order will be shipped. All quantities shown for clearance items are estimates, and if CAPS does not have the quantities you request when your order is processed, you will receive the quantities available to ship.

Gift Cards

Your card is redeemable solely at CAPS retail stores. Your card is not redeemable for cash or credit. You should protect your gift card like cash. Your gift card is not a credit or debit card and has no implied warranties. CANADIAN AUTO PARTS SUPPLIERS, is the sole Issuer of your card, and the sole obligor to the card owner. The Issuer of the gift card may assign its rights and duties as Issuer in their entirety to any affiliate or other Issuer without recourse or consent of the gift card owner. If assigned, the Issuer shall have no obligation to the gift card owner, and the new Issuer will be the sole obligor. The Issuer is not responsible or liable for lost, stolen, or damaged cards, or for cards used without your permission except as required by law. Purchase, acceptance, or use of your card constitutes acceptance of these Terms and Conditions, which are subject to change without notice to the fullest extent permitted by law. Prices may change without notice. errors and or omissions must be reported with 7 days, all pick-ups must be made within 30 days, after 30days pick ups will not be allowed, refunds will not be issued.