Legal

Terms of Sale

The following terms ("Terms of Sale") govern purchases made by any person (including consumers) on the Latercase. ("Latercase", "we", "us", "our") website, available at latercase.com (the "Website"). Please review these Terms of Sale carefully. By proceeding to place an order, you agree to be bound by all the Terms of Sale set forth herein. If you do not agree with these Terms of Sale, do not place an order on the Website. A copy of these Terms of Sale may be downloaded, saved and printed for your reference.

 

Ordering Process

Once the checkout process is completed on the Website, a receipt of your order will be confirmed via an automatic email to the email address provided to us when you place your order. Such email is a confirmation that your order has been received by Latercase. Latercase reserves the right, at its sole discretion, to cancel or refuse any order for any reason. Once Latercase receives payment and ships your order, you and Latercase will be parties to a legally binding contract that consists of your invoice and these Terms of Sale.

Some situations that may result in your order being cancelled or refused are (i) limitations on quantities available for purchase; and (ii) inaccuracies or errors in product or pricing information. We may also require additional verification or information before accepting any order. Latercase will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, we will issue a credit in the amount of your charge to your credit card.

 

Prices and Currency

The prices displayed on the Website are shown in United States dollars. Shipping and handling fees and taxes are listed, if applicable. You are responsible for the payment of any shipping and handling charges and any federal or provincial taxes that may apply to your order. These charges are added to the invoice price during the order process.

In addition to this, some orders may require the payment of import duties before the order can be delivered. These import duties are set at a governmental level and may vary from country to country. You are responsible for the payment of any applicable import duties on your order.

All amounts payable pursuant to the contract formed by the invoice and these Terms of Sale are in United States dollars (USD).

 

Payment Method

You may pay for your purchase using Visa, MasterCard, American Express, Shopify Payments, Google Pay, Apple Pay, or PayPal. You authorize Latercase to charge the applicable payment method the amount of the invoice. You represent and warrant that you are the authorized cardholder of the applicable credit card or account holder of the corresponding payment method. If your payment method is rejected by the corresponding payment handler, your order will not be shipped and Latercase will have no obligation to fulfill your order. All billing and registration information provided by you to Latercase must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms of Sale.

 

Availability and Descriptions

The purchase of products on the Website is subject to their availability. In the event that the product you request is not available at the time of your order, Latercase will have no obligation to fulfill your order and you will have no obligation to pay Latercase for the order. While we do indeed strive to keep accurate product and pricing information on the Website, errors and/or omissions may occur. In the event that an item is listed at an incorrect price, information, or stock availability, Latercase shall have the right, at its sole discretion, to refuse or cancel any orders placed for that item. If an item is incorrectly priced, we will notify you of such cancellation.

From time to time, the Website may be down or otherwise unavailable for maintenance, upgrades, or other purposes. Latercase reserves the right to take the Website down, or otherwise make any changes to the URL or content therein, without notice to you. Latercase is not liable to you for anything (including losses, costs, fees or expenses) in connection with the Website being unavailable.

 

Quantity Limits and Items for Resale

Latercase reserves the right, at its sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same payment method, and also to orders that use the same billing and/or shipping address. We will provide notification to you should such limits be applied. Latercase also reserves the right, at its sole discretion, to prohibit sales to dealers or re-sellers.

 

Title to Products

Once Latercase receives payment for your order and the product(s) leave Latercase’s facilities, the product(s) belong to you. In legalese, all right, title and interest in the product(s) included in you order transfers from Latercase to you at that point.

 

Order Delivery

Your order will be shipped to the delivery address specified by you during the order process, via the method of delivery specified by you. Legally, all risk of loss or damage to the product(s) you ordered is with you once the product(s) leave Latercase’s facilities. Latercase is not responsible for any loss of the product(s) following shipment from Latercase's facilities to your delivery address. With that said, Latercase has no interest in losing goodwill with customers. If your order gets lost in transit, please get in touch using our Contact Form and we will do our best to ensure you receive the items you paid for.

 

Cancellation / Returns

Orders may be cancelled until the moment they begin processing. Cancellations of any order will result in a full refund to your applicable payment method. Returns and/or exchanges can be made with the express authorization from a Latercase representative. Refunds can be provided for products that are damaged before they are delivery to you. If you receive your order and any products appear to be damaged, please contact us promptly using our Contact Form. Returns for unopened, unused merchandise may be eligible for a refund minus the shipping amount.

 

Undelivered Goods

If an order does not successfully arrive at the delivery address provided during checkout within the recommended time-frame specified in your Shipping Confirmation, please use the Contact Form to let us know. We'll get in touch to ensure that you receive the items you paid for. We do not provide refunds based on undelivered items, as delivery is out of our control once an item has left our warehouse. To re-iterate, if you find that your order has not been delivered within the specified time-frame in your Shipping Confirmation, please send us a message through our Contact Form. Under no circumstances does Latercase provide refunds for undelivered goods which have been shipped to freight-forwarding addresses.

 

No Warranties

When you place an order, you buy the product(s) on an "as is" basis. To the maximum extent permitted by law, Latercase disclaims all warranties with respect to its product(s), including any warranties of merchantability, non-infringement and fitness for a particular purpose. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you.

 

Limitation of Liability

Latercase’s liability under the contract formed by your invoice and these Terms of Sale shall be strictly limited to the total amount payable by you for the product(s) as set out in your invoice excluding any applicable shipping fees, handling fees, customs duties and taxes. In addition, Latercase’s liability shall be further limited to actual damages suffered. Under no circumstances is Latercase liable for SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES. This paragraph is intended to survive the termination, expiry or performance of this contract.

 

Language

By placing an order and entering into this contract with Latercase formed by the invoice plus these Terms of Sale, you agree that said agreement and all related documents are to be drafted in the English language. The agreement may be translated into another language, but in the event of any diversion between the English version and any other version, the English version shall prevail.

 

Governing Law

The contract formed by the invoice and these Terms of Sale will be governed by the laws of the province of Ontario and the laws of Canada applicable therein without regard to the laws of any other jurisdiction. You and Latercase agree to exclude applying to this contract the United Nations Convention on Contracts for the International Sale of Goods.

 

Dispute Resolution - Arbitration

In the event that there is a dispute, controversy or claim between you and Latercase in connection with the contract formed by the invoice and these Terms of Sale, including any questions regarding the contract’s validity, existence, or termination, the parties agree to submit the matter to confidential and binding arbitration. The arbitration will be conducted as follows:

  1. Arbitrator - Latercase will select one (1) single arbitrator to conduct the hearing.

  2. Electronic Hearing - The arbitration hearing shall be conducted by video-conference. Latercase may, in its discretion, allow the hearing to be conducted by teleconference or via another technology, so long as all the parties can communicate simultaneously. All notices, submissions, arguments and evidence will be submitted electronically, whether by email, cloud-sharing service or other method of electronic communication acceptable to the arbitrator and Latercase.

  3. Arbitration Seat - Irrespective of the fact that the arbitration is being conducted electronically (whether by video-conference, teleconference or otherwise), the seat of the arbitration will be deemed as Toronto, Ontario, Canada.

  4. Language - The language to be used in the arbitral proceedings shall be English.

  5. Jurisdiction - The arbitrator will have jurisdiction to final and conclusively resolve the dispute, controversy or claim. The parties hereby irrevocably submit and attorn to that arbitrator’s jurisdiction. Without limiting the generality of the foregoing, the arbitrator’s authority will specifically include: a) any power granted to the arbitrator under the Arbitration Act (Ontario); and b) the power to award costs (including arbitration costs, legal fees and disbursements) on a partial or full indemnity basis as determined by the arbitrator in the manner which the arbitrator considers appropriate under the circumstances.

  6. Procedural Rules - The procedural rules for the arbitration, including items like submission of claims and defences, submission of evidence, discovery and motions, shall be as follows:

    1. If you live in Canada, then the Arbitration Act (Ontario), ADRIC Arbitration Rule from the ADR Institute of Canada, Inc. (www.amic.org), and such other procedural rules as is applicable to the arbitration seat; and

    2. If you live outside of Canada, then the UNCITRAL Model Law on International Commercial Arbitration as enacted in the International Commercial Arbitration Act, 2017 (Ontario) along with such other procedural rules as is applicable to the arbitration seat.

  7. Rulings - Any judgment, decision or award rendered by any arbitrator pursuant to this section shall:

    1. be final and binding upon you and Latercase;

    2. not be the subject of any further court proceedings except in connection with the enforcement of any such award by a court of competent jurisdiction; and

    3. be disclosed only to the party’s auditors, accountants, lawyers and other professional advisors. However, the ruling may only be disclosed on the condition that it be kept confidential by the recipient. Save and except for the aforementioned disclosures, the ruling shall be kept strictly confidential and shall not be disclosed to any other person unless so required by law for enforcement or other purposes.

 

Forum

In the event that the arbitration claim above gives rise to any legal proceedings for any purpose whatsoever (such as, by way of example, a dispute over procedure), the parties hereby elect the judicial district of Toronto in the Province of Ontario, Canada as the proper forum for the hearing of said claims or said legal proceedings to the exclusion of any other judicial district which may have jurisdiction to hear such dispute according to the appropriate laws. Said legal proceedings shall be submitted to and subject to the jurisdiction of the courts of the Province of Ontario (including the Supreme Court of Canada) which shall have exclusive jurisdiction in connection with such matters. Where such circumstances arise, the parties hereby irrevocably submit and attorn to the exclusive jurisdiction of such courts to finally adjudicate and determine issues contemplated in that proceeding.

 

General

These Terms of Sale constitute the entire agreement between you and Latercase with respect to your purchase of products through the Website. If any provision of these Terms of Sale is held to be invalid or unenforceable, such provision will be severed from the Terms of Sale and the remaining provisions shall remain in full force and effect. The delay or failure of Latercase to act with respect to a breach by you or others of the contract created by these Terms of Sale does not constitute a waiver and shall not limit Latercase's rights with respect to such breach or any subsequent breaches. All waivers shall be in writing. Latercase shall not be liable for any delay or failure to perform any of its obligations under these Terms of Sale if such delay or failure is due to causes beyond its control, such as by way of example, snowstorms, ice-storms, flooding, hurricanes and other inclement weather. You may not assign these Terms of Sale to any other person without the prior written consent of Latercase. Latercase may assign any of its rights hereunder to any other person or persons at any time without notice to you. These Terms of Sale will be binding upon and will ensure to the benefit of (i) you and your heirs, executor, administrator and other legal representatives; and (ii) Latercase and its successors and assigns. Notwithstanding any other provision of these Terms of Sale, any provision of these Terms of Sale that imposes or contemplates continuing rights or obligations on you or us will survive the expiration or termination of the contract formed by the Terms of Sale and the invoice.

 

Honest Performance

You and Latercase hereby agree to perform the obligations herein honestly. A party shall not mislead or misrepresent to any other person any matter in connection with this contract including the terms herein or any aspect of performance hereunder.

 

Notice

Notices to you may be made via email or some other form of electronic communication. , or In cases of changes to these Terms of Sale, by posting notices or links to such notices on the Website itself. You may send Latercase a notice by using the Contact Form on the Website.

Last updated on November 28, 2019.


Privacy Policy

Laterecase ("Latercase" or "we") commits to using your personal information responsibly and only to the limited extent needed to serve you better.

 

Application of Privacy Policy

This Privacy Policy regulates how we internally use, protect and disclose to third parties during commercial activities any personal information. It applies to information we possess that is collected from you through your use and access of our website and other services. This Privacy Policy applies to our directors, officers, partners, employees, contractors and authorized representatives ("Staff").

Our Privacy Policy is subject to the requirements of the Personal Information Protection and Electronic Documents Act, S.C. 2000, c. 5 ("PIPEDA"). Additionally, how we use or disclose your personal information may also be subject to the requirements of Canada’s anti-spam Legislation, S.C. 2010, c. 23 ("CASL"). Any terms not defined herein have the meaning that PIPEDA attributes to them, and this Privacy Policy is meant to be consistent with PIPEDA, or where PIPEDA is silent on a matter then CASL. Our Privacy Policy also includes terms intended to the comply with the European Union’s Global Data Protection Regulation (Reg (EU) 2016/679) (the "GDPR").

 

Governing Law

This Privacy Policy is governed by the laws of Ontario and the laws of Canada, as applicable herein. It is not a contract and will be treated as a non-contractual set of policies and practices binding on Staff of our Ontario or Canadian entity under Principle 4.1.4 (PIPEDA, Schedule 1).

 

Accountability for Your Privacy

Our Privacy Information Officer is responsible for ensuring that Staff comply with this Privacy Policy. They can be contacted at:

Latercase
77 King Street West
Suite 400
Toronto ON M5K0A1
Canada

Email: privacy@latercase.com

Attention: Privacy Information Officer

The identity of our Privacy Information Officer is available upon written request as required by Principle 4.1.2 (PIPEDA, Schedule 1). Our Privacy Information Officer serves as our data protection officer for the purposes of the GDPR.

 

Privacy Information Officer Responsibilities

The Privacy Information Officer is responsible for,

  1. implementing procedures contained in this Privacy Policy to protect personal information;
  2. training our Staff to comply with this Privacy Policy and communicating to Staff information about changes and updates to our Organization’s policies and practices relating to Personal Information;
  3. enforcing this Privacy Policy and correcting any potential or actual instances of breach; and
  4. reviewing and responding to any communication or notice relating to this Privacy Policy or PIPEDA.

 

Our Purpose

Latercase designs and manufactures accessories for electronic devices. We collect, use, and disclose personal information for the following purpose:

  1. Responding to inquiries about Latercase products and other services;
  2. Processing product orders, processing credit cards, processing other payment information for customers, and generally administering our ecommerce platform;
  3. Delivering products ordered from our website;
  4. Verifying any information provided to us about our customers;
  5. Maintaining online "accounts" for our clients, linked to our website, that facilitate a more effective ecommerce experience;
  6. Maintaining our email newsletter;
  7. Advising you of new products and services, along with sale and other promotions; and
  8. Sharing with Staff, contractors, consultants, affiliates and other parties who require such information to assist us with any of the above.

The abovementioned eight points and preceding paragraph shall constitute the term ("Purpose").

If we change the Purpose we give notice of the change on our website and we will post an updated Privacy Policy.

 

Personal Information We Collect and Use

To fulfill our Purpose, we collect the following kinds of personal information:

  1. The name, billing address, shipping address, phone number, and email address that is provided when an order is placed for our products;
  2. Payment information, only to process orders. Latercase sends all payment information to a payment processor via an encrypted protocol and it does not retain that information in its records;
  3. Information in any correspondence (whether by email or otherwise) with Latercase;
  4. Registration information if and when you open an online account with Latercase;
  5. Information about any devices that you own which you provide when you place an order;
  6. Survey information in any surveys conducted by Latercase for research purposes; and
  7. Photos, comments, messages and other files posted to Latercase’s Twitter, Instagram, Facebook, YouTube, or other social media accounts, subject to the privacy terms established by the corresponding social media provider.

 

Cookies

As permitted by section 10(8) of CASL, when you visit our website, we may place one or more "cookies" on the local drive of your computer to track your visit. A cookie is a small data file that is transferred to your local drive through your web browser and can only be read by the website that placed the cookie on your local drive. The cookie acts as an identification card and allows our website to identify you and to record your passwords and preferences.

The cookie allows us to track your visit to the website so that we can better understand your use of our website so that we can customize and tailor the website to better meet your needs. Most browsers are set to accept cookies but you can usually change this if you so desire. It should be noted that if cookies are not accepted, you may be unable to access a number of web pages found on the website.

 

Processors

From time to time, we may use a third party to process personal information as contemplated in Principle 4.1.3 of PIPEDA. Before transferring that information, we will ensure that a contract is in place between Latercase and that party that includes terms requiring the third party to only process information for the Purpose outlined in this policy. We will also ensure that the contract includes any terms required of "processors" under the GDPR.

 

No Implied Consent

We do not rely on implied consent at Latercase for collection, use or disclosure of any personal information. We will only use, disclose and process personal information with your express informed consent. The only exceptions are where we are permitted to proceed without express consent under PIPEDA or the GDPR.

 

Express Informed Consent

We use personal information for the Purpose outlined above. When Latercase collects personal information online, we will request that you supply personal information in fields on web pages containing a link to this Privacy Policy. We will ask for your express consent by giving you a chance to check a checkbox before you submit that information to us electronically.

When collecting personal information by other means, our Staff will contact you (either by telephone or email) to request your express consent. You need to consent in writing before we proceed. That can be done by email or by a form we provide you with.

 

No Consent from Children

We do not knowingly collect information from children (under the age of 18). However, in the absence of any indication to the contrary, we will assume anyone supplying us with information online is over 18 years of age. Parents are strongly encouraged to discuss responsible internet use and personal information disclosure with their children.

 

Withdrawal of Consent

You can withdraw your consent at any time, subject to legal or contractual restrictions and reasonable notice, by sending an e-mail to our Privacy Information Officer at the contact information above. In some circumstances, a change in or withdrawal of consent may severely limit our ability to provide products or services to you. We will inform you of any implications connected to withdrawing your consent.

If you have asked us to put you on an email list to provide you with certain information on a regular basis, and such emails constitute "commercial electronic messages" or "CEMs" under CASL, you may ask us to remove you from the list at any time (using the unsubscribe instructions provided with each email and on the site where you signed up).

 

Limiting Collection, Use, Disclosure and Retention

We use our best efforts to limit the personal information we collect and use and disclose solely those details we need to fulfill our Purpose. We have designed our standard forms only to collect the information that we foresee we will need. We do not collect, use or disclose personal information using deceptive, fraudulent or unlawful means.

 

Need-to-Know Disclosure

When using and disclosing information to third parties, we only disclose on a need-to-know basis. Also, it is our practice to disclose personal information only after ensuring that appropriate contractual safeguards are in place as contemplated in Principle 4.1.3 of Schedule 1 of PIPEDA.

 

Retaining Records

We keep records of the work performed and services provided by us in accordance with applicable regulatory requirements and professional standards. These records may include personal information. We may continue to retain such records even after you no longer use our website or services or your account on our website is terminated for any reason.

 

Destruction of Personal Information

We destroy electronic information by deleting it and, when hardware is discarded, we ensure that the hard drive is physically destroyed. We shred paper containing personal information and ensure that it is disposed of properly to prevent accidental disclosure.

 

Ensuring Accuracy

In order to fulfill our Purpose to a high-quality standard, we ask you to update your personal information and maintain appropriate contact preferences from time to time. You also have the right to contact us in order to verify that the information we have on file is accurate.

We do not, as a practice, contact you in order to ensure that the personal information we have is accurate. We may take reasonable steps to do so when using that information in the course of providing you with an ongoing product or service, provided our Staff is in regular contact with you. Otherwise, we strongly encourage you to contact us and ensure that the information we have in your file is up-to-date.

 

Our Safeguards to Protect You

We respect the privacy of our customers, employees and other stakeholders. We will protect that privacy as vigorously as possible. The methods we use include:

  • Password-protected desktops, laptops, mobile devices and servers, as well as the use of technology safeguards such as firewalls, encryption, two-factor authentication, and intrusion detection.

Unfortunately, no online data transmission can be guaranteed to be 100% secure. As a result, while the website strives to protect your personal information, we cannot warrant the security of any information you transmit to us, and you do so at your own risk.

 

Remote Access

When using laptops, smartphones and mobile devices outside the office, Staff are required to take reasonable steps to ensure that these devices are not lost or stolen. These devices may not be stored in vehicles or left unattended for any reason while out of the office.

Staff may also remotely access our corporate cloud-enabled drives from a personal computer. Such access is only permitted if the computer has technology safeguards equal to, or better than, those on the computers belonging to our organization. Under no circumstances may Staff store data from our corporate cloud-enabled drives on a personal computer.

 

Review of Safeguards

We recognize that technology and security measures evolve at a remarkable pace. So, at Latercase, we periodically review our personal information safeguards with our Information Technology consultants and in-house experts. We want to ensure that our safeguards exceed industry best-practices.

 

Data Breach

Despite our safeguards and our best efforts, infiltration and unauthorized access into our system, one which holds personal information of our customers, is still possible. In the event of such a data breach, Latercase will:

  1. Notify all individuals whose data was breached within 72 hours of learning about the event;
  2. Notify any relevant government privacy authorities within 72 hours where required to do so by CASL, PIPEDA or the GDPR; and
  3. Investigate the nature and cause of the breach and take whatever steps deemed necessary to improve our safeguards and minimize the likelihood of a breach occurring again.

 

Open Privacy Practices

It is our practice to post the most up-to-date version of this Privacy Policy on our website at https://latercase.com. You can also obtain a copy of this policy by sending an e-mail to our Privacy Information Officer at the address above.

 

Your Ability to Access Your Information

You can make a written request to our Privacy Information Officer at the address above in order to:
  1. review any personal information we have on you in our files;
  2. rectify any inaccurate information that we may have; and
  3. request that we erase any personal data on you that we, or any of our third-party processors possess.

Please include sufficient details in your request about the type of information that you would like to see about yourself. Please sign your request and send it by regular mail or via email and we will contact you within 72 hours of receipt. Please note that we only respond if you are making a request relating to your own personal information. We will not grant access to personal information about someone else.

We will be pleased to provide you with access to your personal information as long as it does not fall within an express exception. Examples of such exceptions include, but are not limited to, information protected by solicitor-client privilege; information generated in the course of a formal dispute resolution process; information about another individual where disclosure would reveal confidential commercial information; or information disclosed to the police or other lawful authorities where we are required to withhold disclosure.

 

Questions or Concerns

Should you have any questions or concerns about this Privacy Policy or how we handle your information-access request, please direct them to our Privacy Information Officer. They will be pleased to respond and, if necessary, investigate the matter.

We reserve the right to change our Privacy Policy at any time by posting a new version on our website. In the event of a conflict between this version and another, the version that is later in time prevails.

Last updated on November 28, 2019.


Website Terms of Use

About Our Terms of Use

Latercase ("Latercase", "we", "us", "our") welcomes you to our website. The following terms ("Terms of Use") govern your access and use of our website (the "Website"), available at latercase.com. Please review these Terms of Use carefully. By accessing and using the Website, you agree to be bound by all the Terms of Use set forth herein. If you do not agree with these Terms of Use, your sole recourse is to leave the Website immediately without accessing any other pages within the Website, reviewing any information on it, submitting any information to it, or otherwise uploading or downloading any contents from it. A copy of the Terms of Use may be downloaded, saved and printed for your reference.

Latercase reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. From time to time, Latercase may also amend these Terms of Use by posting revisions on the Website with no additional notice to you. Please note that Latercase has the right to amend these Terms of Use at any time. You should check back frequently to see the Terms of Use then in effect. Your continued access to and use of the Website will constitute acceptance of the amended Terms of Use. If you do not agree with these Terms of Use, or any future amendments, your sole recourse is to cease use of the Website.

 

Ownership / Restrictions on Use

The Website is owned and operated by Latercase. All text, data, graphics, photographs, images, audio, video, trademarks, service marks, trade names and other information, visual or other digital material, software (including source and object codes) and all other content of any description available on the Website or available via a link from the Website to a page created by Latercase on another website (collectively, the "Content"), are the sole property of Latercase and are strictly reserved in Latercase’s favour. All Content is protected by Canadian and international copyright, trademark, service marks, patents, trade secrets and other laws governing property rights. The only rights to the Website and Content are those you receive are those granted to you pursuant to this Terms of Use.

You are hereby granted a non-exclusive non-transferable royalty-free license to access the Content on the Website in order to review it and purchase any products made available for sale by Latercase. You may also access the Content for informational use in order to educate yourself about Latercase, its operations and its products. As part of informational use, you are permitted to print, take screen-shots or save in Adobe Portable Document Format (PDF) any Content provided that you keep intact all copyright and other proprietary notices. Use of Content for any purpose not expressly permitted in these Terms of Use is prohibited. You may not otherwise copy, reproduce, perform, distribute, display or create derivative works of the Content. Reproduction of multiple copies of the Content, in whole or in part, for resale or distribution is strictly prohibited except with the prior written permission of Latercase. Latercase reserves the right to withhold this permission in its reasonably exercised discretion. To obtain written consent for such reproduction, please contact us at legal@latercase.com.

 

Registration and Passwords

To place an order on the Website or to sign up to receive emails from us, you may be asked to complete an online registration form. In consideration of your use of the Website and the services provided on it, you agree to provide true, current, complete and accurate information as requested on any registration form to which this Website may direct you, and to update that registration information as soon as possible after any information on such registration form changes. As part of the registration process, you may choose a password and username. You alone are responsible for keeping that password and username confidential, and for any and all activity that occurs on this Website under such password or username. In the event that you suffer any losses as a result of failing to keep your username and password confidential, you have no recourse to Latercase and Latercase hereby disclaims any and all liability in connection therewith. You agree to immediately notify Latercase of any unauthorized use of your password or username or any other breach of security.

Latercase reserves the right to change its Website, including sub-dividing accounts into different categories with different levels of access, benefits and privileges. Latercase also reserves the right to revoke your username and password, and otherwise deny you access to the Website, in the event that you violate these Terms of Use (including providing any information that is inaccurate or misleading in your registration).

 

Links to Third-Party Websites

We may offer links on the Website to websites, including social networking websites, owned and operated by third parties. We provide these links as a convenience to our visitors. We do not review the content of such websites, and with respect to any content, advertising, products, services or other materials on or available from such third party websites, we neither endorse it, nor are we responsible for it. You assume full responsibility for your use of third party websites. Such websites will likely be governed by the terms and conditions different from those applicable to this Website, and we encourage you to review the terms and privacy policies of those third parties before using their websites. We may also offer links to Content created by Latercase and available on other websites. If you access or reproduce links to that Content, you are responsible for ensuring that you comply with the terms of use applicable to those websites while you are visiting them.

 

No Warranties

Although we strive to update and keep accurate as much as possible the Content contained on the Website, errors and/or omissions may occur.

Accordingly, your use of the website is at your own risk. All content included on or available through the website is provided to you on an "as is" and "as available" basis, without any representations or warranties of any kind, whether express or implied. Without limiting the generality of the foregoing, we do not represent or warrant that:

  1. the Content is accurate, reliable or correct;

  2. that the Website will be available at any particular time or location. If the Website is unavailable for any reason, it is your sole responsibility to request, generate and deliver access to the information contained therein by some other means;

  3. that your access to the Website will be uninterrupted;

  4. that any defects or errors will be corrected;

  5. that any product or service offered for sale on the Website will be fit for a particular purpose or useful in any particular situation;

  6. that the Content is free of harmful components; or

  7. that the Content is timely, secure or error-free.

To the maximum extent permitted by law, Latercase disclaims all warranties, including any warranties of merchantability, non-infringement and fitness for a particular purpose. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you.

Products displayed on the website may not be available at all times and products and prices may be changed, and products may be substituted or discontinued at any time. While we attempt to provide an accurate description of items available for purchase on the site, we do not warrant the accuracy, completeness, reliability or currency of such descriptions.

All other terms and conditions governing the purchase of any product on the website are available at the time of purchase in the Terms of Sale.

 

Website Errors

From time to time, the Website may be down or otherwise unavailable due to maintenance, errors, problems or other unforeseeable causes, upgrades or other purposes. Latercase reserves the right to take the Website down, or otherwise make any changes to the URL or content therein, without notice to you. Latercase is not liable to you for anything (including losses, costs, fees or expenses) in connection with the Website being unavailable. Moreover, the information on the Website may contain bugs, errors, problems or other limitations. You acknowledge that your use of the Website is subject to the foregoing and Latercase hereby disclaims all liability in connection therewith.

 

Foreign Servers

You acknowledge that Latercase may host the Website but, in so doing, may utilize servers and hosting services based outside of Ontario or Canada. Any documents or materials uploaded to, or downloaded from the Website may be stored in servers located in, and subject to, the laws of a foreign jurisdiction. Such laws can include (without limiting the generality of the foregoing) criminal and administrative legal requirements relating to investigation, search and seizure. Additionally, any information stored on servers located in the United States of America may be subject to search and seizure by United States Federal authorities under laws of the United States relating to national security. Latercase hereby disclaims any and all liability with respect to the enforcement of foreign laws.

 

Prohibited Activities

When accessing the Website, you are specifically prohibited from doing any of the following:

  1. Hacking, etc. - You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any Latercase server, or to any of the services offered on or through the Website, by hacking, password mining, or any other illegitimate means.

  2. Viruses and Malware - You are strictly prohibited from uploading or introducing to the Website any code that contains viruses, malware, ransomware or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any software, hardware or telecommunications device.

  3. Monitoring and Circumventing Site - You shall not use any "deep-link", "page-scrape", "robot", "spider", "agent" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Latercase reserves the right to bar any such activity.

  4. Probing, etc. - You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You will not reverse look-up, trace or seek to trace any information on any other user of the Website, or any other customer of Latercase, including any information on a Latercase account not owned by you, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.

  5. Overloading Site - You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure (including the bandwidth capacity) of the Website or Latercase’s systems or networks, or any systems or networks connected to the Website or to Latercase.

  6. Interference - You shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.

  7. Harassing and Stalking - You are not permitted to use the Website to harass or stalk any other user, or any shareholder, director, officer, employee, contractor or representative of Latercase.

  8. Disguising Messages and Identity - You shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal sent through the Website where the Latercase permits such messages to be sent. You also may not disguise the origin of any product or service offered on or through the Website. Finally, you shall not impersonate any other individual or entity, and you shall not fraudulently hold yourself out as representing another person or entity when using the Website.

  9. Unlawful Activity - You shall not use the Website or any content or other document therein for any purpose that is contrary to any statute, regulation, by-law, rule, common law principal (whether in law or equity) or other requirement of Ontario law or the laws of Canada, or any purpose prohibited by these Terms of Use or Latercase’s Privacy Policy, or to solicit the performance of any such illegal activity or other activity which infringes the rights of Latercase or others. This specifically includes taking and using any personal or confidential information stored on Latercase’s servers by hacking or other means prohibited by these Terms of Use.

 

Limitations of Liability

Under no circumstances will Latercase, or any shareholder, director, officer, employee, contractor or representative of Latercase, be liable for any loss, injury, claim, liability or damage of any kind resulting from your use of, or inability to use, the Website, any Content therein or products sold thereon. To the maximum extent permitted by applicable law, Latercase disclaims all responsibility for any loss, injury, claim, liability or damage of any kind, including direct, indirect, incidental, special, consequential or punitive damages of any kind (including, without limitation, attorneys' fees and other legal expenses) resulting from, arising out of or in any way related to your use of the Website, the Content therein or the products sold thereon.

 

Indemnification

By using the Website, you agree to defend, indemnify and hold harmless Latercase and Latercase’s employees, officers, directors, contractors and authorized representatives from any and all damages, expenses and liabilities arising from any claims, actions, causes of action, demands, mediation, arbitration or any similar proceedings , including, without limitation, reasonable legal fees and other expenses, whether in tort, contract or otherwise, relating to or arising out of your use of this Website or any alleged violation by you of these Terms of Use.

 

Privacy

Latercase respects your right to privacy of your personal information. Where you provide any personal information, Latercase will retain and safeguard that information in accordance with its Privacy Policy. Please review our Privacy Policy for details on the manner in which we collect, use, disclose and otherwise manage any of your personal information.

 

Trademarks

Latercase™ and the Latercase logo are trademarks or registered trademarks of Latercase.

DuPont™ and Kevlar® are trademarks or registered trademarks of E.I. du Pont de Nemours and Company.

 

Governing Law and Forum

You acknowledge that by using the Website, you are agreeing to these Terms of Use. That agreement is a legally binding contract which shall be treated as though it were executed and performed in Toronto, Ontario, Canada and governed by the laws of Ontario and the laws of Canada as may be applicable. That governing law will apply without regard to any principles of conflicts of law.

All disputes, controversies or claims arising out of in connection with or in relation to the contract comprising these Terms of Use, including any question regarding its existence or validity shall be submitted to and be subject to the jurisdiction of the courts of the Province of Ontario (including the Supreme Court of Canada), which shall have exclusive jurisdiction in the event of any dispute hereunder. The parties hereby irrevocably submit and attorn to the exclusive jurisdiction of such courts to finally adjudicate or determine any suit, action, or proceedings arising out of or in connection with this agreement. Any such suit, action, or proceedings shall be brought to the Ontario Courts located in the judicial district that includes the City of Toronto. You hereby waive any objections and defenses inconsistent with such venue.

By using this Website, you represent and warrant that your use complies with applicable law in your jurisdiction of residence.

 

Jurisdictional Issues

By using the Website, you hereby agree as follows:

  1. Compliance with Ontario Law - In using the Website, you agree to comply with all legislation, regulations, common law requirements (including such requirements in law and equity) as may be applicable and in force pursuant to the laws of Ontario and Canada.

  2. Currency - Any monies payable pursuant to this Terms of Use shall be in United States Dollars.

  3. Actions Subject To Disclaimer - All actions, applications and other legal proceedings shall be subject to the limitations set forth above under the heading Limitations of Liability.

  4. Users Outside Ontario - This site is controlled and operated by Latercase from its offices within the Province of Ontario. Latercase makes no representations or warranties that documents, or other materials from the Website are appropriate or available for use outside of Ontario. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the said extent local laws are applicable.

 

General

These Terms of Use constitute the entire agreement between you and Latercase with respect to your use of the Website. For clarity, the terms and conditions governing the purchase of any product are governed by the Terms of Sale. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision will be severed from the Terms of Use and the remaining provisions shall remain in full force and effect. Notwithstanding any other provisions of these Terms of Use, any provision of these Terms of Use that imposes or contemplates continuing rights or obligations on you or us will survive the expiration or termination of these Terms of Use, including, without limitation, the paragraphs above under the heading "Indemnification" and "Limitations of Liability". Failure of Latercase to enforce any provision of this agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. All waivers shall be in writing. You are not permitted to assign the rights given to you pursuant to these Terms of Use, but Latercase may assign any of its rights to any other person or persons at any time without notice to you. For clarity, the agreement created between Latercase and you pursuant to this Terms of Use is one of independent contractors, and under no circumstances are you to hold yourself out as an agent, employee or representative of Latercase.

 

Notice

Notices to you may be made via email or some other form of electronic communication, or in cases of changes to these Terms of Use or to the services offered by the Website, by posting notices or links to such notices on the Website itself. You may send Latercase a notice by using the Contact Form on the Website.

Last updated on December 11, 2019.