Terms of Service

Overview

This website is operated by Hoot Promo. Throughout the site, the terms “we”, “us” and “our” refer to Hoot Promo. Hoot Promo offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By accessing and using the Hoot Promo website, or any of the services of Hoot Promo, you are agreeing to be bound by the following terms and conditions. The terms and conditions are subject to change without notice, and you can review these terms at any given time on this webpage. It is advised that you review these terms from time to time for changes that occur.

Any violation of these terms of service are grounds for cancellation of any of Hoot Promo’s services.

Last updated: July 25, 2020

 

Table of Contents

General Terms and Conditions
1. Account
2. Reviews, Comments, Communications, and other Content
3. Trademarks
4. External Links
5. Warranties
6. Disclaimer of liability
7. Conflict of terms
8. Severability
9. Applicable laws

Shopping
10. Product Listings
11. Purchase Agreement
12. Product returns
13. Orders
14. Shipping charges
15. Termination

 

General Terms and Conditions

1. Account

When using Hoot Promo services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Hoot Promo does not sell products for minors under the age of 18, but sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under the age of 18, you may use the Hoot Promo website only with the involvement of a parent or guardian.

2. Reviews, Comments, Communications, and other Content

Visitors may posts reviews, comments, and other content on the Hoot Promo website so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of the intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any other form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Hoot Promo reserves the right (but not obligated) to remove or edit such content, but does not regularly review posted content.

3. Trademarks

The trademarks, names, logos and service marks (collectively “trademarks”) displayed on this website are registered and unregistered trademarks of the website owner. Nothing contained on this website should be construed as granting any license or right to use any trademark without the prior written permission of the website owner.

4. External Links

External links may be provided for your convenience, but they are beyond the control of the website owner and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk.

5. Warranties

The website owner makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website.

6. Disclaimer of liability

The website owner shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company’s personal information or material and information transmitted over our system. In particular, neither the website owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.

7. Conflict of terms

If there is a conflict or contradiction between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.

8. Severability

Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to being void, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as void and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.

9. Applicable laws (choice of venue and forum)

Use of this website shall in all respects be governed by the laws of the province of Ontario, Canada regardless of the laws that might be applicable under principles of conflicts of law. The parties agree that the courts of Ontario shall have exclusive jurisdiction over all controversies arising under this agreement and agree that venue is proper in those courts.

 

Shopping

10. Product Listings

Hoot Promo strives for accuracy in all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information contained herein or referenced on our website. Due to human error and other factors we cannot guarantee that all item descriptions, photographs, compatibility references, detailed specifications, pricing, links or any other product-related information listed is entirely accurate, complete or current, nor can we assume responsibility for these errors. In the event a product listed on our website is labeled with an incorrect price due to some typographical, informational, technical or other error, Hoot Promo shall at its sole discretion have the right to refuse and/or cancel any order for said product and immediately amend, correct and/or remove the inaccurate information. Additionally, all hyperlinks to other websites from hootpromo.com are provided as resources to customers looking for additional information and/or professional opinion. Hoot Promo does not assume responsibility for the claims and/or representations made on these or any other websites.

11. Purchase Agreement

By accepting delivery of any product delivered from Hoot Promo ("www.hootpromo.com"), you ("Customer") agree to be bound by the terms and conditions listed below. You and Hoot Promo agree that the following terms and conditions are the exclusive terms governing the sales transaction between Customer and Hoot Promo. Any attempt to alter, supplement, modify or amend these terms and conditions by the Customer will be considered a material alteration of this agreement and, therefore, are null and void. In addition, these terms and conditions are subject to change by Hoot Promo at any time, without prior written notice. Therefore, please check these terms and conditions carefully each time you place an order with or accept delivery of any goods from www.hootpromo.com.

12. Product Return Procedure

Hoot Promo will not accept returns without prior authorization and a return issue number. Once issued, return issue numbers are valid for 15 days, within which time returned products must be received by Hoot Promo. Return issue numbers will not be extended or reissued. The Customer should prominently display the return issue number(s) on the shipping label as well as the invoice inside the box(s) containing the returned product.

The Customer agrees to bear all shipping and insurance charges and all risk of loss for the returned product during shipment. The Customer agrees that all returned products will be 100% complete, in re-saleable condition, and will include the original packaging materials and other accessories provided by the manufacturer. If any component of the returned product is missing, Hoot Promo's Return Procedure will be breached and Hoot Promo may in its sole and absolute discretion reject the entire return or choose to impose additional charges against the Customer for replacement of the missing component(s). Hoot Promo will not refund the original shipping charges to the Customer. In addition, Hoot Promo will assess a 15% restocking fee against the Customer's account on all returns for refund. Hoot Promo reserves the right to adjust the value of any item returned for refund to reflect its current market price, in which case the 15% restocking fee will be applied after this adjustment.

13. Orders

An order is not binding upon Hoot Promo until it is accepted; Hoot Promo must receive payment before it will accept an order. Payment for product(s) ordered is due prior to shipment. Customer can make payment by credit card or some other method prearranged and confirmed in writing with Hoot Promo.

14. Shipping Charges

Your total cost for purchase of any product will include shipping and handling charges shown on the hootpromo.com invoice. All orders are subject to Canadian tax laws in the province of Ontario.

15. Termination

Notwithstanding any other provision of this Agreement, Hoot Promo may in its discretion change, discontinue, modify, restrict, suspend or terminate the Website or any part of it without any notice or liability to you or any other person. Hoot Promo may in its discretion and for its convenience at any time immediately terminate, temporarily or permanently, this Agreement or your permission to access and use the Website without any notice or liability to you or any other person.

If this Agreement or your permission to access or use all or any part of the Website is terminated for any reason, then this Agreement and all other then existing agreements between you and Hoot Promo will continue to apply and be binding upon you regarding your prior access to and use of the Website, and anything connected with, relating to or arising therefrom.

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