Terms and conditions for submitting a purchase order and for purchasing NRC products

 

Returns and refunds

All sales are final once you have clicked on the "I AGREE - PROCESS ORDER" button. No returns or refunds are permitted except in accordance with NRC's Returns and refunds statement which can be viewed on the following hyperlink: Returns and refunds.

Acceptance

Welcome to the National Research Council (NRC) 's Virtual Store including access through Virtual Store, hereafter, "the Website". This is an Agreement between you and the National Research Council Canada ("NRC") that governs your purchase order request and the related purchase of any products and subscriptions advertised on this Website (hereafter, " NRC products").

This Agreement may be bound by the consumer protection act of your province if the purchaser is an individual person making a personal purchase, as opposed to a purchase for a business. If this agreement falls under the terms of a Province's consumer protection act then the terms of that act prevail over this agreement where there may be inconsistencies or contradictions of terms.

You agree to be bound by this Agreement and you represent and warrant that you have the legal authority to agree and accept this Agreement on behalf of yourself or the person you purport to represent including an incorporated or unincorporated entity. If you do not agree to the terms and conditions set out in this Agreement, you must not submit a purchase order request and purchase a NRC product.

Some of the products and subscriptions advertised on this Website, such as on-line subscriptions and PDF publications, are sold subject to the terms and conditions of end-user licence agreements and subscription agreements. These additional terms and conditions are provided to you upon delivery of your order. If you do not agree to the terms and conditions set out in such end-user license agreements or subscription agreements you must not access, activate or download the purchased NRC product or its contents. By accessing, activating or downloading the NRC product you are agreeing to be bound by the terms and conditions of the end-user license agreement or the subscription agreement that is brought to your notice with delivery of your order. Please view the provisions concerning Returns and refunds.

Disclaimer

This Website, all transactions and communications conducted through this Website ("On-line services"), and the NRC products sold through this Website are provided on an "as is" and "as available" basis. This Website and the information it provides may include inaccuracies, mistakes or typographical errors. NRC does not warrant that the Website, the information it provides, or the On-line services will be uninterrupted or error free. Use of this Website and its information, the On-line services, and all NRC products is at your own risk.

NRC and its suppliers make no representations, warranties or conditions, express, implied or statutory, as to:

  1. The operation of this Website, the On-line services, or NRC products;
  2. The accuracy, completeness, quality, currency or timeliness of any of the Website, information on the Website, the On-line services, or NRC products;
  3. The security of the Website and On-line services or protection from interception, of communications to or from the Website or through the On-line services;
  4. Freedom of the Website and the On-line services from viruses or other contaminating or destructive properties, devices or components.

To the fullest extent permitted by law, NRC and its suppliers disclaim all warranties, express or implied, including but not limited to implied warranties or merchantability and fitness for a particular purpose, non-infrigement, data accuracy and system integration.

Limitation of liability

In no event shall NRC or its suppliers, or their respective directors, officers, employees or agents be liable, whether based on warranty, contract, tort, negligence, strict liability or any other legal theory whatsoever, for damages of any kind including, without limitations, direct, special, indirect, punitive, incidental or consequential damages, business losses, lost savings, lost data, loss of use, lost profits, personal injury, fines, fees, penalties or other liabilities arising from or relating to your use, reliance upon or inability to use the Website, the information on the Website, the On-line services and/or the NRC products, whether or not NRC or its suppliers are advised of the possibility of such damages and/or if you transfer confidential or sensitive information to NRC or if NRC communicates such information to you at your request over the internet.

Other agreements include

Binding agreement

Each time you place an order you will be required to review the full Terms and conditions for submitting a purchase order and purchasing a NRC product on the "Check order" screen. You will be required to scroll down to the bottom of the scroll box before being able to agree to your purchase. By clicking on the "I AGREE - PROCESS ORDER" option below you agree to be bound by all the terms and conditions for submitting a purchase order request and for purchasing NRC products which are set out in this Agreement. If you do not agree to be bound by the terms and conditions set out in this Agreement, you must click on the "I DO NOT AGREE - CANCEL ORDER" option.

Capacity to contract

Purchase order requests and purchases of NRC products may only be made by persons who have reached the age of majority or are of legal age and who have the capacity to contract.

Electronic communications

By accessing this Website or sending electronic mail to NRC you are communicating with NRC electronically. By doing so, you agree to receive communications from NRC electronically. NRC will communicate with you by electronic mail at the electronic mail address provided by you or posting notices on this Website or any other website that may be generally designated in advance for such purpose. You consent to receiving electronically all agreements, notices, disclosures and other communications that NRC provides to you.

Copy of terms and conditions for submitting a purchase order and purchasing a NRC product

You are permitted to and should make a copy or print a copy of this Agreement for your own personal records.

Modifications to the terms and conditions for submitting a purchase order and for purchasing NRC products

NRC reserves the right to change the terms and conditions for submitting a purchase order and purchasing NRC Products. By submitting a purchase order and by purchasing a NRC product after such changes, you accept these modified terms and conditions. You agree to read the terms and conditions each time you submit a purchase order and purchase a NRC product.

Advertisements of NRC products on this website are not offers to sell

The advertisements on this Website are invitations to submit purchase orders and are not offers to sell. The fully and properly completed and submitted purchase order constitutes your offer to purchase the NRC product(s) identified in your submitted purchase order. Your submitted purchase order shall be deemed to be accepted by NRC only if and when NRC sends a purchase order acceptance to your e-mail address. Should you not receive a response from NRC regarding a submitted purchase order request, or if you experience a service interruption or error display, or other problem, it is your responsibility to confirm with NRC whether your purchase order has been submitted to NRC. NRC will not be responsible for any losses attributable to an assumption by you that a purchase order was not submitted because no response or acceptance was received by you.

Product availability, prices, orders, misprints and errors

NRC cannot guarantee that NRC products advertised on this Website will be available to you when you submit a purchase order or at any time thereafter or will be free of misprints or other errors. NRC reserves the right, at any time, without notice or liability to you or any other person, to no longer make NRC products available, change NRC products, prices, fees, shipping, service and other charges and to limit quantities of NRC products. If you submit a purchase order for which the price was incorrectly displayed or for which an NRC product has been improperly described, or the NRC product has changed NRC will give you the opportunity to cancel the order. NRC reserves the right to reject any submitted purchase order.

Payment

Based on the information provided by you in your order, NRC calculates and quotes the Total amount of your order during the checkout process. You agree to pay to NRC the Total amount of your order as quoted to you by NRC in the check-out process. The Total amount of your order is quoted in Canadian dollars. The Total amount of your order includes sales price for the items you order, all applicable taxes and levies. In the case of items that are shipped to you by NRC, shipping and handling charges may or may not be included in that total.

Orders shipped outside of Canada may be subject to import duties, taxes and customs processing fees set by the destination country. You are responsible for paying all such duties, taxes and fees. Brokerage services are not included in NRC's shipping and handling of your order. You are responsible for any fee charged to you by the carrier or brokerage company for brokerage of your order through customs of the destination country.

Method of payment

NRC accepts Visa, MasterCard, and American Express for on-line orders. NRC does not accept cash, cheques, or COD for on-line orders. In most cases your credit card will be billed by NRC within one to two business days of being received.

Shipping and delivery

The NRC ships products to domestic and international destinations pursuant to our standard terms of shipment which you may access here: Shipping rates. The risk of loss and title for products purchased by you pass to you upon delivery of the items to the destination that you have identified in the information provided in the checkout process.

Login names and passwords

User accounts on this Website require the use of a unique login name and password. Passwords should not be obvious and should be changed regularly. You agree not to share your login name and password with any other person. You agree that you shall keep your login name and password confidential and that you shall not disclose the user login name and password to any person or allow any person to use it unless you obtain the express written authorization of NRC.

You shall immediately notify NRC if there has been any unauthorized use of your login name and password, if it has become known to another person or if it has been lost or stolen or otherwise compromised.

You agree to respond promptly to all complaints and concerns relating to the use of your login name or password or your use of this Website.

You agree that you are solely responsible and liable for any use or misuse of your login name and password and for all transactions or other activities that occur under your login name and password.

The security and privacy provided by using login names and passwords is not absolute and can be compromised. Your use of the login name and password is at your own risk.

Submission of accurate information

You agree that all the information you provide to NRC shall be true, accurate, complete and current. You shall immediately notify NRC of any changes in the information you provided to NRC including registration, billing, payment, shipment and other transaction related information. NRC will rely on the information you provide. NRC assumes no responsibility or liability for any damages that result from any false, inaccurate or incomplete information provided by you or your failure to update your information. You agree that you will be solely liable for all costs, losses and damages that you or NRC or any third person incurs as a result of your submission of any false, inaccurate, or incomplete information or your failure to update your information.

Ownership

Certain names, words, titles, phrases, logos, designs, graphics, icons and marks displayed on the Website, in the Content or with the Services may constitute official marks, trade-marks or trade names of NRC or its licensors. The Website, the Content and the Services are protected under Canadian and international copyright laws and intellectual property laws and treaty provisions.

Title to the Website, the Content and the Services and the official marks, trade-marks or trade names displayed on the Website are owned by and shall remain with NRC and/or its suppliers. Nothing contained in these Terms and conditions or on the Website shall be construed as conferring by implication, estoppel or otherwise any license or right to use any official marks, trade-marks, trade-names, copyright or other intellectual property rights of NRC or its suppliers. Any unauthorized use of the Website, the Content or the Services or the official marks, trade-marks, trade names, copyright or other intellectual property rights of NRC or its suppliers is strictly prohibited, and we reserve the right to take such steps as we deem necessary, including legal action, to enforce such rights.

Advice or opinions are not provided

The Content is for information purposes only. It is not intended for the Content to be relied upon as professional or expert advice or opinions. You should seek professional advice, opinions and recommendations before acting or omitting to act based on any content found on or through this website.

Governing law and jurisdiction

This Website is created and controlled by NRC in the Province of Ontario, Canada. All disputes arising in connection with the application and interpretation of these Terms and conditions for submitting a purchase order and for purchasing NRC products, and all matters relating to your access to or use of the Website, the On-line Services, and your purchase and use of NRC products shall be governed by the laws of the Province of Ontario and the laws of Canada in force there, without giving effect to any principles of conflicts of laws.

Indemnification

You agree, at your own expense, to indemnify and hold NRC and its suppliers, and its and their respective directors, officers, employees, representatives, agents and licensors harmless against any claim, suit, demand, action, or other proceeding brought against any of them by a third party as a result of product liability, your use, distribution, or sale of an NRC product, or your breach of any terms or conditions of this Agreement.

Termination

NRC may at its sole and absolute discretion cancel or terminate your right to use this Website or any part of the Website at any time, without notice or liability to you or any other person. In the event of termination, the terms and conditions of use of this Website and the Terms and conditions for submitting a purchase order and purchasing a NRC product shall continue to apply and be binding upon you with respect of your prior purchase order submissions, purchases of NRC products and use of the NRC website.

Waiver/Severance

The failure by NRC to require or enforce the performance of any provision of any terms and conditions shall not be construed as a waiver of any provision or right. Each provision of any of the terms and conditions is severable from the other terms and conditions and if any of the provisions contained in the terms and conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, the other terms and conditions will continue to have full force and effect.

Website terms and conditions of use

Your use of this Website is subject to the NRC Website terms and conditions. You acknowledge having read and agree to be bound by the NRC Website Terms and conditions of use.

Copyright notice

© National Research Council (NRC). All rights reserved. No part of the NRC website including content found on the website or the NRC products may be reproduced, modified, distributed, published, sold, licensed, broadcasted, retransmitted, circulated in any form or used in any way without the prior written consent of NRC. To request such consent, please contact:

Public Works and Government Services Canada
Publishing and Depository Services
350 Albert Street, 4th Floor
Ottawa, Ontario K1A 0S5
Canada

or

copyright.droitdauteur@pwgsc.gc.ca

Privacy

The NRC Privacy Notice applies to this Agreement and your use of the NRC website. By accepting this agreement, you are consenting to the collection, use and disclosure of your personal information in accordance with the NRC privacy policy. You acknowledge having read the NRC privacy notice.

No agency relationship, joint venture, partnership etc.

This Agreement does not constitute and shall not be construed to constitute an employment, joint venture, partnership or agency relationship.