WOLSELEYEXPRESS.COM TERMS OF USE (Last Updated October, 2018)

Welcome to WolseleyExpress.com. This site is provided by Wolseley Canada Inc. (“Wolseley Canada”)as a service to our customers. Please review the following basic rules that govern your use of this site and the services it provides to you. Please note that your use of WolseleyExpress.com constitutes your unconditional agreement to follow and be bound by these Terms of Use. Although you may "bookmark" a particular portion of this site and thereby bypass these Terms of Use, your use of WolseleyExpress.com still binds you to these Terms of Use. Wolseley Canada reserves the right to update or modify these Terms of Use at any time without prior notice. Your continued use of WolseleyExpress.com following any such change constitutes your unconditional agreement to follow and be bound by these Terms of Use, as changed. For this reason, we encourage you to review these Terms of Use whenever you use this site.

Copyright

All content included on this site, such as text, graphics, photos, logos, button icons, images, digital downloads, data compilations, and software, is the property of Wolseley Canada or its licensors or other content suppliers and protected by Canadian and international copyright laws. The compilation of all content on this site is the exclusive property of Wolseley Canada and protected by Canadian and international copyright laws. All software used on this site is the property of Wolseley Canada Inc. or its software suppliers and protected by Canadian and/or international copyright laws.

License and Site Access

Wolseley Canada grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Wolseley Canada. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, image stripping, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Wolseley Canada. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Wolseley Canada, our affiliates or suppliers without express written consent. You may not use any meta tags or any other "hidden text" utilizing the Wolseley Canada name or trademarks without the express written consent of Wolseley Canada. You may not use any direct linking or source-calling of any media presented on this web site. Any unauthorized use terminates the permission or license granted by Wolseley Canada. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of WolseleyExpress.com so long as the link does not portray WolseleyExpress.com, Wolseley Canada, its affiliates, suppliers or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any logo or other proprietary graphic or trademark of Wolseley Canada, its affiliates or suppliers as part of the link without express written permission of the applicable owner. Wolseley Canada may change, modify, update, suspend, make enhancements to and add and/or remove functionality of WolseleyExpress.com, including the My Business Service, at any time without prior notice to or approval from you. You may not use WolseleyExpress.com, including the My Business Service, in a manner that fails to comply with these Terms of Use, failing which Wolseley Canada reserves the right to suspend or terminate your access to use WolseleyExpress.com on a temporary or permanent basis.

“My Business” Features

WolseleyExpress.com offers certain features under its “My Business” module, which features may permit account users to generate quotes and invoices for its customers using WolseleyExpress.com product data (“My Business Service”).  The My Business Service is an internet-based software service and your access to and usage of the My Business Service is governed by these Terms of Use.  All of your data, logos and other proprietary content that you upload to the My Business Service (“Customer Data”)remains your property. You grant Wolseley Canada the right to use and display the Customer Data solely to you (including authorized users of your account) for purposes of providing you with the My Business Service.  . Subject to these Terms of Use, Wolseley Canada Inc. grants users of the My Business Service a non-exclusive, nontransferable, terminable license to interact with the My Business Service only for the purposes permitted by it.  As Wolseley Canada provides access to the My Business the My Business Service is provided on an ‘AS IS’ and ‘WHEN AVAILABLE’ basis. Wolseley Canada has  no liability to you as a result of any change, temporary unavailability, suspension, or termination of access to the My Business Service.  You are solely responsible and liable with respect to any of the uses of the My Business Service, which occur under your account, and for any of your Customer Data.  Wolseley Canada is not responsible to any third party to whom you may issue any quote, invoice or other form you may generate using the My Business Service and does not guarantee that any template document is complete, accurate or sufficient to create a legally binding relationship with you and any third party.  You are solely responsible for ensuring that the Customer Data provides any necessary information, terms or conditions that you wish to enforce against any third party.  WOLSELEY CANADA DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE MY BUSINESS SERVICE. WHILE WOLSELEY CANADA TAKES REASONABLE PHYSICAL, TECHNICAL AND ADMINISTRATIVE MEASURES TO SECURE THE MY BUSINESS SERVICE, WOLSELEY CANADA DOES NOT GUARANTEE THAT THE MY BUSINESS SERVICE CANNOT BE COMPROMISED. YOU UNDERSTAND THAT THE MY BUSINESS SERVICE MAY NOT BE ERROR FREE, AND USE MAY BE INTERRUPTED.

Pricing or Typographical Errors

While Wolseley Canada strives to provide accurate product and pricing information, pricing or typographical errors may occur. WolseleyExpress.com cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Wolseley Canada shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, Wolseley Canada may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Prices and availability are subject to change without notice. Online pricing may reflect local, regional or national pricing in Canada as available to you as a WolseleyExpress.com account holder.

Colors and Finishes

We have made every effort to display as accurately as possible the features of products that appear on the site, including colours and finishes. However, as the actual colors you see will depend on the device you use to access WolseleyExpress.com, we cannot guarantee that your any color or finish you view will be accurate.

Order Acceptance

Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after payment received, we will issue a credit by the charged payment method for the amount of the charge, which may include a reversal of any charge to your credit account with Wolseley Canada.

Quantity Limits

WolseleyExpress.com reserves the right to limit the quantity of items purchased per customer or per order. These restrictions may be applicable to orders placed by the same payment account and also to orders that use the same billing and/or shipping address, or same email address. We will provide notification to the customer email and/or billing address provided should such limits be applied.

Privacy and Your WolseleyExpress.com Account

Wolseley Canada’s Privacy Policy (https://www.wolseleyinc.ca/privacy-policy.html) forms an integral part of these Terms of Use, and describes how Wolseley Canada collects, uses, discloses, manages and stores personally identifiable information ("Personal Information"), including that which you may supply to Wolseley Canada pursuant to your use of our services.

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device, and you agree to accept responsibility for all activities that occur under your account or password.  Should you become aware of unauthorized access to your account, you must promptly notify Wolseley Canada. Additionally, you may not use any other party’s account at any time, without the permission of such account holder. Wolseley Canada is not liable for any harm caused or related to the theft or misappropriation of your user name, password, Customer Data, disclosure of your user name or password, or your authorization of anyone else to use your user name or password. However, you could be held liable for losses incurred by Wolseley Canada, another user or any third party due to misappropriation and use of your account. If you become aware of any unauthorized use of your WolseleyExpress.com account, please immediately notify Wolseley Canada. If you allow your employees to access the WolseleyExpress.com and/or the My Business Service, such access must be for your sole benefit. As the account owner, you are responsible for the compliance with these Terms of Use and applicable law by your employees. When your employees use the My Business Service, you are solely responsible for Customer Data and all activity in your account’s use of the My Business Service.  

Minors

If you are under 18, you may use WolseleyExpress.com only with consent of a parent or guardian. WolseleyExpress.com reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Indemnification

You agree to defend, indemnify and hold Wolseley Canada harmless from and against any and all claims, damages, costs and expenses, including legal fees, arising from or related to your misuse of the WolseleyExpress.com site in violation of these Terms of Use.

Restrictions on Use

The software, workflow processes, user interface, designs, know-how, and other technologies provided by Wolseley Canada as part of WolseleyExpress.com are the proprietary property of Wolseley Canada and its licensors, and all right, title and interest in and to such items, including all associated intellectual property rights, remain only with Wolseley Canada. You may not remove or modify any proprietary marking or restrictive legends on WolseleyExpress.com and/or in the My Business Service. Wolseley Canada reserves all rights unless expressly granted in these Terms of Use. You may not (i) sell, resell, rent or lease your limited right to use WolseleyExpress.com and/or the My Business Service or use it in a service provider capacity to any third party; (ii) use WolseleyExpres.com and/or the My Business Service to store or transmit infringing, unsolicited marketing emails, libelous, or otherwise objectionable, unlawful or tortious material, or to store or transmit material in violation of third-party rights; (iii) interfere with or disrupt the integrity or performance of WolseleyExpress.com and/or the My Business Service; (iv) attempt to gain unauthorized access to WolseleyExpress.com and/or the My Business Service or its related systems or networks; (v) reverse engineer the services provided by WolseleyExpress.com including the My Business Service; or (vi) access WolseleyExpress.com and/or the My Business Service to build a competitive service or product, or copy any feature, function or graphic for competitive purposes.

Disclaimer

WOLSELEYEXPRESS.COM IS PROVIDED BY WOLSELEY CANADA ON AN "AS IS" AND "AS AVAILABLE" BASIS. WOLSELEY CANADA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WOLSELEY CANADA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WOLSELEY CANADA DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS WEB SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE WOLSELEYEXPRESS.COM SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF ANY ITEM(S) PURCHASED. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE.

Limitation of Liability

NEITHER WOLSELEY CANADA NOR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS WILL BE LIABLE TO YOU UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, AND IN NO EVENT WILL WOLSELEY CANADA BE LIABILE FOR ANY DAMAGES IN EXCESS OF THE PRICE PAID BY YOU FOR THE PRODUCT PURCHASED ON THE WOLSELEYEXPRESS.COM SITE GIVING RISE TO ANY CLAIM.

General

These Terms of Use represent the complete agreement between users of WolseleyExpress.com and Wolseley Canada with respect to the use of the WolseleyExpress.com site, and supersedes all prior agreements and representations between them. If any provision of these Terms of Use is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure of Wolseley Canada to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and shall not limit the rights of Wolseley Canada with respect to such breach or any subsequent breaches. This Agreement shall be governed by and construed under the laws of the province of Ontario and the federal laws of Canada applicable therein. Any action or proceeding arising out of or related to this Agreement or your use of this site will be subject to binding arbitration following rules established by the Canadian Arbitration Association. Any such action or proceeding shall be brought on an individual basis and shall not be consolidated with any dispute of any other party.