Terms of Use

NOTE: THIS SITE IS LOCATED IN CANADA, AND THE LAWS OF CANADA WILL APPLY

Overview

Sosco Ltd. (collectively, “Sosco, “we” or “us”) sells a modular, light duty, truck bed accessory (the “Product”) through various retail and e-commerce channels and provides related content through various websites and social media. These Terms of Use ("Terms") set out the terms and conditions applicable to your purchase and use of the Product as well as your use and access to our websites and social media pages (including ezpacktrucktray.com, ezpactrucktray.ca) (collectively, the “Sites”).

By purchasing the Product and/or visiting our Sites, you agree to be bound by these Terms as may be amended from time to time, including any additional policies referenced herein and/or available by hyperlink. These Terms apply to all users of our Products and our Sites, irrespective of whether you purchase a Product. Sosco reserves the right to change these Terms, and your continued use of the Service constitutes your agreement to all such changes. You can review the most current version of the Terms at any time on this page.

Sosco Ltd. reserves the right, in its sole discretion, without any obligation and without any notice requirement, to change, update and improve the Product and Sites, including, without limitation, information, materials and descriptions available through the Sites and to suspend and/or deny access to the Sites for scheduled or unscheduled maintenance, upgrades, improvements or corrections. We may discontinue or change any Product offered at any time.

If you access Sosco controlled social media pages, these Terms are in addition to any terms and conditions governing such social media platforms.

Privacy

By purchasing a Product or accessing or using the Sites, you agree that we can collect and use your information in accordance with the Privacy Policy.

Third-party Links

The Sites may contain links to third-party websites, which are provided for convenience only. We do not make any representations or warranties of any kind in connection with such third-party content. In no event shall Sosco be responsible for the information contained on such sites or services, or your use of or inability to use such site or services. You should also be aware that the terms and conditions of such site or services and the third party’s privacy policy may be different from those applicable to your use of the Sites. We have no liability or responsibility for the third-party content, products or services available on any third party websites.

Intellectual Property

All information and copy on the Sites including but not limited to text, graphics and code is copyrighted, and the property of Sosco. It is protected by Canadian and international copyright laws. ALL RIGHTS ARE RESERVED. You may use the Sites solely for your own use. Any and all other uses, including but not limited to the reproduction, distribution, display or transmission of the content of the Sites or altering any of the information or materials, are strictly prohibited.

All trademarks, service marks and trade names used on the Sites or related to the Product (including without limitation, Sosco, EZ-Pac Truck Tray, Pac-up the pickup, Sosco logo and EZ Pac Truck Tray logo), and other information and materials, are sole property of Sosco, its suppliers, partners or other third parties. You are prohibited from using any such marks for any purpose without the written permission of Sosco or such third party, which may own the marks. If you copy or download any information or content from the Sites, you agree that you will not remove or obscure any copyright or trademark or other notices or legends contained in any such information.

In order to report content that you may believe to be infringing on a third party's rights, please contact Sosco. Contact details are provided below.

Submissions

You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, product reviews or other information, regarding Sosco, the Product or Sites, that you provide to Sosco are non-confidential and shall become the sole property of Sosco. Sosco will be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Sosco reserves the right to investigate and delete or disable any submissions in its discretion.

In submitting questions, comments, suggestions, product reviews or other information, you grant Sosco the right to use the name that you submit in connection with such content, if we choose; and you represent and warrant that: (a) you own and control all of the rights to the content that you submit, or that you otherwise have the right to submit such content to the Sites; (b) the content is accurate and not misleading; and (c) use and posting of the content you supply will not violate any rights of or cause injury to any person or entity.

When you upload, submit, send, or receive product reviews to or through our Sites, you give us permission to reproduce and use such content as follows: you grant to us and those we work with a license to use, host, store, reproduce, modify, create derivative works (such as translations or adaptations), publicly perform, publicly display, and distribute such content.

We take no responsibility and assume no liability for any comments posted by you or any third-party.

Prohibited Uses

You are prohibited from using the Sites or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Sites or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Sites or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Sites or any related website for violating any of the prohibited uses.

Purchase of Products and Services - Billing and Account Information

When you purchase a Product through the Sites or through an authorized dealer or otherwise, you:

(a)

agree to provide only true, accurate, current and complete information;

(b)

represent that you have had an opportunity to review and accept the fees that you will be charged; and

(c)

authorize Sosco or its third party payment processors to charge the credit card identified by you for the full amount of the applicable fees and all applicable taxes, and you represent and warrant that you are authorized to use such credit card for the purpose of making such purchase.

Sosco reserves the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

Pricing

The price for the Product is subject to change without notice. Sosco reserves the right at any time to modify or discontinue the Product or any content on our Sites without notice at any time. Sosco shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of such Product.

Occasionally there may be information on the Sites that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges and other matters. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in or on any related sites is inaccurate at any time without prior notice to you (including after you have submitted your order).

Delivery - General Terms

We deliver your product through Canada Post and other carriers. We aim to deliver your order within 3-10 business days of purchase depending on stock availability and the delivery address.

If you notice any damage to items following delivery, you must notify Sosco within 48 hours of delivery by sending clear photos of the damage and a brief explanation by email. Please keep any damaged products so that we can inspect it at a later date. If you dispose of any damaged product before we had had the opportunity to inspect it, this will affect your claim.

International Use

The Sites are controlled and operated from Canada. If you access the Sites from a location outside of Canada, you do so on your own initiative and are responsible for compliance with all applicable laws of your jurisdiction. Sosco makes no representation that materials on the Sites are appropriate or available for use in locations outside Canada, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Sites from other locations do so on their own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

The Product and Sites are provided on an "AS IS," and "AS AVAILABLE" basis. You therefore use the Product and Sites, without limitation, at your own risk. Other than as may be expressly provided in writing by Sosco in connection with your purchase of a Product, Sosco does not provide any product warranties, either expressly or impliedly, for any particular purpose and expressly disclaims all representations, implied warranties and conditions, including without limitation any implied warranties and conditions of merchantability, merchantable quality, non-infringement and fitness for a particular purpose and those arising by statute or otherwise in law or from a course of dealing or usage of trade.

Sosco will not be responsible for any loss or damage that could result from interception by third parties of any information made available by you in connection with the purchase of the Product or use of the Sites. No advice or information, whether oral or written, obtained by you from Sosco or through or from the Sites shall create any warranty not expressly stated in these Terms. Sosco does not represent or warrant to you that: (a) your use of the Product or Sites will meet your requirements; (b) your use of the Product or Sites will be uninterrupted, timely, secure or free from error; or (c) any information obtained by you as a result of your use of the Sites will be accurate or reliable.

Waiver/release of Claims and Limitation of Liability

You hereby waive all rights to make or bring any claims, demands, actions, suits or proceedings which you have or may in the future have against Sosco and its affiliates and their respective officers, directors, shareholders, employees, contractors, suppliers and agents (the “Releasees”) and you, on your own behalf and on behalf of those for whom in law you are responsible, hereby release and forever discharge the Releasees from any and all claims and liability for or in respect of any personal injury, death, property damage, loss, cost or expense suffered or incurred as a result of or related to your purchase, assembly, installation or use of the Product or use of the Sites, due to any cause whatsoever including, but not limited to, negligence, wilful acts or omissions, breach of contract or breach of any statutory or other duty of care by any of the Releasees or any other person.

IN NO EVENT WILL SOSCO OR ANY OF THE OTHER RELEASEES BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THE PURCHASE, ASSEMBLY, INSTALLATION OR USE OF THE PRODUCT OR USE OF THE SITES, INCLUDING DAMAGES FOR LOST PROFITS OR LOST BUSINESS. THIS LIMITATION SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR ACTION, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORY, AND SURVIVES A FUNDAMENTAL BREACH OR FAILURE OF THE ESSENTIAL PURPOSE OF THE TERMS.

THE MAXIMUM AGGREGATE LIABILITY, INCLUDING APPLICABLE LEGAL FEES AND COURT COSTS, OF SOSCO OR ANY OF THE OTHER RELEASEES TO YOU CONCERNING OR IN ANY WAY RELATED TO THE PURCHASE, ASSEMBLY, INSTALLATION OR USE OF THE PRODUCT OR THE USE OF THE SITES IS LIMITED TO DIRECT DAMAGES IN AN AMOUNT NOT TO EXCEED THE PURCHASE PRICE OF A PRODUCT YOU PURCHASED WITHIN THE SIX (6) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH ALLEGED LIABILITY.

Indemnification

You agree to indemnify, hold harmless and defend Sosco and the other Releasees (collectively, the “Indemnified Parties”) from and against any action, suit, claim, demand, liability, damage, loss, cost and/or expense (including, without limitation, legal fees) which may be made or brought against the Indemnified Parties or any of them or which any of them may suffer or incur as a result of, in respect of, or arising out of: (i) any breach by you of these Terms; (ii) any content you post, store or otherwise transmit on or through our Sites; (iii) any violation of any law or rights of any third party by you; and (iv) any personal injury, death or property damage arising from or related to your use of a Product or anyone else’s use of a Product purchased or owned by you.

License and Use of the Service

Subject to these Terms, Sosco hereby grants you a limited, revocable, non-transferable, non-sub-licensable, non-exclusive, royalty-free license to use the Sites for your own personal and non-commercial purposes. The license will immediately and automatically terminate if at any time you do not comply with any obligation under these Terms.

You shall not, directly or indirectly: (i) in any way modify, translate, adapt or otherwise create derivative works of the Sites; (ii) remove, delete, alter or obscure any copyright, trademark or other intellectual property or proprietary rights notices provided on or with the Sites; (iii) copy the Sites, in whole or in part; (iv) use the Sites in violation of any law; or (v) use the Sites or Product for purposes of development of a competing product or any other purpose or which might cause harm to Sosco.

Additional Terms May Apply

Additional terms may apply to the Product as related to a particular feature or application, or included in product manuals or brochures when you purchase the Product. In the event that there is a conflict between these Terms and any additional terms, the additional terms will control.

Applicable Law

These Terms will be governed by and construed under and pursuant to the laws of the Province of Ontario without giving effect to its conflict of law provisions and the parties hereby irrevocably submit to the jurisdiction of the courts of Ontario.

Severability

If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Survival of Terms

These Terms will remain in effect so long as is necessary to give full effect to your past, present and/or future use of the Product and/or Sites.

Entire Agreement

These Terms and any further terms provided to you by Sosco upon or in connection with the purchase of the Product constitute the entire agreement between you and Sosco with respect to the subject matter hereof and supersedes all prior understandings, negotiations and agreements.

Changes to Terms

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of the Products or the Sites constitutes acceptance of those changes.

You can review the most current version of the Terms of Service at any time at this page.

Questions

For questions regarding the Services please contact Sosco at customerservice@ezpactrucktray.ca