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Terms & Conditions

Terms & Conditions

Canadian Dental Supplies Inc. (“Canadian Dental”, “we”, “us” and terms of similar meaning) provides this website and any software on the website (the “Site”) and other products, including the Products (as defined below) and/or services provided by Canadian Dental for use with or purchase through the Site (collectively, the “Services”) to you subject to these terms of use (these “Terms”). In these Terms, we describe users of the Site, whether registered or not, as “Users”.

PLEASE READ THROUGH THESE TERMS CAREFULLY BEFORE USING THE SITE. By accessing, using or browsing the Site you acknowledge and signify that you have read, understood and agree to be legally bound by these Terms and all terms, policies and guidelines incorporated by reference in these Terms. If you do not agree with these Terms in their entirety, you may not use the Site. These Terms are in addition to any other agreement you may have with Canadian Dental, including an agreement for your purchase of Canadian Dental Product(s).

  1. Canadian Dental

Through the Site, Canadian Dental sells dental supply products and medical products (“Product(s)”, which definition and the purchase thereof through the Site, for greater certainty, is included in the definition of “Services”).

  1. Modification of Terms

Canadian Dental reserves the right to change or modify any of the terms and conditions contained in these Terms, or any policy or guideline applicable to the Site and/or Services, at any time and in its sole discretion. If we do so, we will post a notice in the Site visible to you the next time you access the Site. If you do not agree with the changes, your only remedy is to cease use of the Site and Services and cancel your account with us without further obligation, if you have one. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Site, and your continued use of the Site and Services after such time will constitute your acceptance of such changes and/or modifications. You should from time to time review the Terms and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of the Site and Services. The Terms will always show the ‘last updated’ date at the top. If you do not agree to any amended Terms, you must stop using the Site and Services.

  1. Permissible Users

The Site may be used only by natural persons or Corporations. You may not use the Site if you are under the age of majority in the jurisdiction in which you live (which in most jurisdictions is either 18 or 19 years of age) or if you cannot form legally binding contracts under applicable law. If you are under the age of majority, then your parent or legal guardian may use the Site on your behalf.

You may not use the Site if you breach these Terms, if your permission to use the Site has been suspended or terminated by Canadian Dental, or if these Terms as they apply to you have been terminated.

  1. Permissible Use

The Site is made available to you for your lawful, non-commercial use only. You may use the Site only for the purposes and in the manner permitted by the Site and subject to these Terms and all applicable laws. Using the Site for any other purpose or in any other manner is strictly prohibited

The Site and its content may not be copied, reproduced (except for printing in accordance with this section), imitated, republished, translated, uploaded, posted, publicly displayed, transmitted, modified, indexed, catalogued, mirrored, or distributed in any way, in whole or in part, for any purpose whatsoever, without the express prior written consent of Canadian Dental.

You may print Site pages for your non-commercial informational purposes only, provided that you do not modify any of the pages or other content and you do not remove or alter any visible or non-visible identification, marks, notices or disclaimers. You may not use any of the software or services that are used by Canadian Dental in the operation or provision of the Site except while you are using the Site in accordance with these Terms.

  1. Other Terms and Conditions

Additional terms, conditions and policies (collectively "Other Terms and Conditions") apply to purchases of Product(s) and Services through the Site and to specific portions, features or services (such as contests and other promotions) of or offered through the Site. Canadian Dental may in its discretion change the Other Terms and Conditions at any time, without any prior notice to you, by posting changed Other Terms and Conditions on the Site. The changed Other Terms and Conditions are effective immediately upon posting. It is your responsibility to check the "Last Updated" date at the top of these Terms and review any changes since the last version. The Other Terms and Conditions are incorporated into and form part of these Terms by this reference. If there is a conflict or inconsistency between any Other Terms and Conditions and these Terms, the Other Terms and Conditions will govern regarding the specific purchase, portion, feature or service to which they apply.

  1. Privacy Policy

Please refer to Canadian Dental’s privacy policy by clicking here (the “Privacy Policy”) for information on how Canadian Dental collects, uses and discloses personally identifiable information from Users. By using the Site, you agree to our use, collection and disclosure of personally identifiable information in accordance with the Privacy Policy.

  1. Cookies Policy

Please refer to Canadian Dental’s Cookies Policy below (the “Cookies Policy”) for information on how Canadian Dental uses cookies on its Site. By using the Site, you agree to our use of cookies.

  1. Registration Data; Account Security

Users can browse the site and purchase Product(s) without registering for an account (“User Account”). However, to be able to save your settings, manage your purchases and participate in Canadian Dental’s rewards/loyalty program, you must register for a User Account. Upon registering a User Account, you agree to (a) provide accurate, current and complete information as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password; (c) maintain and promptly update the Registration Data, and any other information you provide to the Site, and to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to the Site. You are responsible for all activity on your User Account.

You will ensure that all Registration Data and other information provided to Canadian Dental, through the Site or otherwise, including account information (including your legal name, address, e-mail address), payment information (including your credit card number(s) and their expiration dates), and transaction-related information, is true, accurate, current, and complete. Canadian Dental will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage and additional costs that you, Canadian Dental or any other person may incur as a result of your submission of any false, incorrect, or incomplete information or your failure to promptly update your Registration Data, account information and/or payment information, as the case may be, if they change.

  1. Fees, Charges, Taxes, Refunds and Cancellation

Fees and other charges for the purchase of Product(s) are described on the Site. If you are purchasing Product(s), you will pay the applicable fees and charges, as described on the Site, as it relates to such Product(s).

You are responsible for all sales and excise taxes applicable to the Products, fees and charges in any applicable jurisdiction.

  1. Return policy

We offer a 60-day return policy for Product(s) which are unopened, unused and in resalable condition with RMA in box. We reserve the right to inspect the quality and condition of the returned Product before issuance of refund, and/or reserve the right to reverse the issuance of the refund after our receipt of the Product if it is determined the Product is opened, used, damaged or otherwise not in resalable condition at our own discretion. We reserve the right to amend our return policy on your User Account at any time, at our sole discretion, based on account use, frequency of returns or for any other reason. At any time and at our discretion, we may determine that certain Product(s) are not eligible for returns any longer; such determination may occur after the purchase of the Product(s) without notice to you.

  1. Product Availability and Prices

The advertisements on the Site are invitations to you to make offers to purchase Product(s) and Services on the Site and are not offers to sell. All prices and other amounts appearing on the Site are quoted in Canadian dollars if you are located in Canada and in American Dollars if you are located in the United States of America, unless otherwise indicated and are subject to change.

If an item becomes unavailable for whatever reason after an order is accepted, Canadian Dental may terminate the order by giving you written notice. In such event, Canadian Dental will contact you to arrange for a refund or provision of credit against future purchases.

  1. Shipping policy

We offer free standard-shipping to all customers. Expedited shipping options are available for additional charge as set out on our Site. Canadian Dental reserves the right to cancel or vary its no-charge shipping terms or any shipping terms at any point in time at our discretion based on account use or for any other reason. Canadian Dental may charge additionally for residential shipping addresses. Canadian Dental reserves the right to charge additional shipping fees for missed attempts at receipt of package(s) requiring second or third attempts at delivery. Shipping times are estimated and are subject to change. Canadian Dental does not warrant that Product(s) will arrive on time or by any specific date.

Canadian Dental shall not be held responsible or liable for any costs, fees, losses or damages as a result of Product(s) that are lost, stolen, or damaged during shipping and you will not be entitled to a refund or reimbursement for such lost, stolen or damaged Product(s) from Canadian Dental.

  1. Credit terms policy

Eligible customers may apply for thirty (30) day credit terms with Canadian Dental. Where account credit has been approved and confirmation of same has been provided and reflected on the dashboard of your User Account, approved customer will be provided with thirty (30) day credit terms, capped at $2,500 per occurrence. If an invoice remains unpaid for 31 days, Canadian Dental will auto-withdraw the full amount of the invoice on the 31st day from the Credit Card retained on your User Account. Credit terms can be revoked at our discretion at any time. Credit terms are subject to change at our discretion at any time.

  1. Warranty Policy

 

BE ADVISED THAT CANADIAN DENTAL MAY NOT BE THE AUTHORIZED DISTRIBUTOR OF THE PRODUCTS OR BRANDS (THE "PRODUCTS") UNDER PURCHASE BY YOU ON THIS SITE, AND IN SUCH INSTANCE, THE MANUFACTURER'S WARRANTY WILL NOT APPLY TO THESE PRODUCTS. YOU AGREE AND ACKNOWLEDGE THAT BY PURCHASING PRODUCTS FROM CANADIAN DENTAL, YOU ARE FORFEITING THE MANUFACTURER'S WARRANTY. IN LIEU OF SAME, CANADIAN DENTAL AGREES TO PROVIDE YOU WITH A WARRANTY OVER THE PRODUCTS THAT MEETS OR EXCEEDS THE MANUFACTURER'S WARRANTY. Please reach out to our exemplary customer care team for assistance with any warranted Product. For the purposes of these provisions, “Product” shall not include dental equipment.

 

Quality of Warranty. Canadian Dental complies with the highest standards and employs extensive quality control practices in respect of the inspection, audit and storage of Products including avoiding co-mingling of Product and its utilization of temperature-controlled facilities in respect of the storage of Product. Canadian Dental has established legitimate, substantial and non-pretextual quality-control procedures to ensure its Products are stored and distributed an exceptional manner consistent with the high-caliber of its operations. While Canadian Dental does not enjoy recall participation from the manufacturer since it is not an authorized distributor, Canadian Dental will warrant and replace any Products placed under recall by the manufacturer so as to provide the same or superior access to recalled products. Canadian Dental will never tamper with the manufacturer's packaging. Canadian Dental routinely inspects its Products for any damage, defects, evidence of tampering and other non-conformance and routinely removes such Products from its inventory. Canadian Dental warrants the replacement of any Product beyond the timeframes covered by the manufacturers warranty and therefore, exceeds the provisions of the manufacturer's warranty.

 

Canadian Dental provides outstanding and unparalleled customer service, responding immediately and appropriately to inquiries from our customers. While Canadian Dental disclaims that it is not the manufacturer nor is it an authorized distributor on behalf of the manufacturer, it strives to abide by the highest quality-control and customer-service standards in respect of the sale of the Products consonant with the levels of customer care and quality control provided by authorized retailers.  

 

  1. Methods of Payment

You can pay for your orders with Credit Card, as described on the Site. Any financial information which we collect will be safely and privately stored in accordance with our Privacy Policy

16.Ownership of Content, License to Use the Site and License Restrictions

In these Terms the content on the Site, including all information, data, logos, marks, designs, graphics, pictures, sound files, other files, and their selection and arrangement, is called “Content”.

Canadian Dental grants to you a revocable, non-exclusive, non-sublicensable license to use the Site and the Services and to view the Content available to you through the Site (“License”).

Other than as expressly permitted in these Terms, the License is subject to the following restrictions and account terms:

  • The Content and Services we provide through the Site are for your use only. You may not license, sell, resell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website, except as permitted through the Site.
  • You may not make or distribute copies of the Site, Services or Content or reproduce, distribute or display the Site, Services or any Content (except for page cacheing) except as expressly permitted in these Terms.
  • You may not modify, create derivative works of, disable, reverse compile or reverse engineer any part of the Site, its Services or its Content.
  • You shall not access the Site in order to build a similar or competitive service.
  • You may not use the Site, Services or Content for any application deployment or ultimate production purpose.
  • You may not use the Site, Services or Content to develop any application, website or product having the same or similar primary function as the Site, Services or Content.
  • You may not remove or modify any copyright, trademark or other proprietary notices that have been placed in the Site, Services and/or Content.
  • You may not otherwise use the Site, Services or Content other than for its intended purpose.
  • You may not use any data mining, robots or similar data gathering or extraction methods.
  • You may not use any collaborative browsing or display technologies in connection with your use of the Site or to post comments, communications or any other data of any kind to or on the Site with the intention that the posting may be viewed by other users of the Site.
  • You may not attempt to circumvent the ordinary navigational structure or presentation of the Site or its content, or attempt to access or obtain any Site content or other data by any means that is not purposely made available to you by the Site.
  • You may not attempt to gain unauthorized access to any part of the Site or its Content, or any related system, network, service or data, by hacking, password mining or any other means.
  • You may not attempt to test or tamper with the security of the Site or attempt to interfere with the proper working of the Site, any transaction being conducted through the Site, or any other person's use of the Site.
  • You may not upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data.
  • Your use of the Site, Services and Content must not infringe or violate the rights of any other party, breach any contract or legal duty to any other parties or violate any applicable law.
  • You have reached the age of majority in the province where you are resident, and you can form legally binding contracts under applicable law.
  • Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.

Any future release, update, or other addition to functionality of the Site shall be subject to the Terms (as amended from time to time). The licenses in this Section are revocable by Canadian Dental at any time.

  1. Ownership, Copyright and Trademarks

Content provided by Users on the Site or otherwise sent to Canadian Dental to be posted on the site is called “User Content”. User Content on the Site may include a comment, review, rating, information, data, images, videos, sounds and other data uploaded by a User to the Site. You are solely responsible for maintaining copies of and replacing any User Content you send to Canadian Dental to post or store on the Site and/or that you, personally, post or store on the Site. We have no responsibility or liability for it, or for any loss or damage your User Content may cause to you or other people. Although we have no obligation to do so, we have the absolute discretion to remove, screen or edit, without notice, any User Content posted or stored on the Site, and we may do this at any time and for any reason. Canadian Dental’s only right to use that User Content is the limited licenses to it granted in these Terms. Those licenses are described in Section 20 of these Terms.

Other than User Content, the Services, the Site, all Content and any other software used to create and operate the Site is the property of Canadian Dental or its licensors, and is protected by Canadian and international copyright laws, and all rights to the Site, the Services, such Content and such software are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Canadian Dental.

You may only use the Site and Services for the purposes expressly permitted on the Site. In particular, you may not use the Site or Services or your access to our technology or any of our intellectual property rights, whether for yourself or for any other person, to research, develop or create, or to facilitate any of the foregoing by itself or any other person, any service or technology or product that competes with the Site or Services or any other service provided through our technology or the Site or Services, or that is similar thereto.

  1. Viruses

Accessing the Site and the Content is done at your own risk. Canadian Dental cannot and does not guarantee or warrant that the Site or the Content are compatible with your computer system or that the Site or Content will be free from viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system. You are also responsible for the entire cost of any service, repairs, or connections of and to your computer system which may be necessary as a result of your use of the Site.

  1. Links to Other Sites

The Site may contain links to third-party websites (“Third-Party Sites”) and third-party content (“Third-Party Content”) as a service to those interested in this information. You use links to Third-Party Sites and any Third-Party Content or service provided there at your own risk. Canadian Dental does not monitor or have any control over, and makes no claim or representation regarding, Third-Party Content or Third-Party Sites. Canadian Dental provides these links only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply Canadian Dental’s endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. Canadian Dental accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third-Party Content, Third-Party Sites, or websites linking to the Site. When you leave the Site, our terms and policies no longer govern. You should review applicable terms and policies, including, without limitation, privacy and data gathering practices, of any Third-Party Site, and you should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

  1. Advertisements and Promotions

Canadian Dental may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of advertisers other than Canadian Dental, and any terms, conditions, warranties or representations associated with such dealings are solely between you and such third party. Canadian Dental is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.

  1. Your Limited License of Your User Content to Canadian Dental

We do not claim any ownership interest in your User Content, but we do need the right to use your User Content to the extent necessary to operate the Site and provide the Services, now and in the future. For example, if you leave a comment on a blog post or post a review on a Product(s), either directly on the Site yourself or by sending to Canadian Dental otherwise to do so, we need your license to display that User Content on the Site, and we need the right to sublicense that User Content to our other Users so that they can view that User Content.

Therefore, by posting or distributing User Content to Canadian Dental and/or to or through the Services, you (a) grant Canadian Dental and its affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to use, display, perform, reproduce, distribute, publish, modify, adapt, translate and create derivative works from such User Content, in the manner in and for the purposes which the Site and/or Services from time to time use such User Content; (b) represent and warrant that (i) you own and control all of the rights to the User Content, or otherwise have the lawful right to post and distribute that User Content, to or through the Site and/or Services; and (ii) the use and posting or other transmission of such User Content does not violate these Terms and will not violate any rights of or cause injury to any person or entity.

If your User Content is intended for the use of other Users, you also grant us and our affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to sublicense such User Content to such Users for their use in connection with their use of the Site and/or Services, as described in this Section.

These licenses from you are non-exclusive because you have the right to use your User Content elsewhere. They are royalty-free because we are not required to pay you for the use of your User Content on the Site and/or Services. And they are transferable because we need the right to transfer these licenses to any successor operator of the Site and/or Services. Our rights to “modify, adapt, translate, and create derivative works from” are necessary because the normal operation of the Site and/or Services does this to your User Content when it processes it for use in the Site and/or Services.

  1. Warranty Disclaimer

THE SITE, THE CONTENT AND THE PRODUCTS ARE PROVIDED TO YOU ON AN “AS IS” BASIS WITHOUT WARRANTIES FROM CANADIAN DENTAL OF ANY KIND, EITHER EXPRESS OR IMPLIED. CANADIAN DENTAL EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

THE SITE, SERVICES AND CONTENT ARE PROVIDED TO YOU FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE RELIED UPON AS ACCURATE, COMPLETE, TIMELY OR FIT FOR ANY PARTICULAR PURPOSE. CANADIAN DENTAL DOES NOT REPRESENT OR WARRANT THAT THE CONTENT, INCLUDING, WITHOUT LIMITATION, PRODUCT DESCRIPTIONS OR PHOTOGRAPHS, IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR PROPRIETARY CHARACTER OF THE SITE, THE SERVICES, THE CONTENT OR ANY PORTION THEREOF. CANADIAN DENTAL DOES NOT WARRANT, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT(S), OR ANY PORTION THEREOF, PROMOTED OR SOLD ON THE SITE. CANADIAN DENTAL DOES NOT ENDORSE, WARRANT, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT(S) OR SERVICES ADVERTISED OR PROMOTED ON THE SITE BY ANY THIRD PARTY OR MANUFACTURER. PRODUCT(S) MAY BE OUT-OF-STOCK OR DISCONTINUED. ALTHOUGH CANADIAN DENTAL HAS MADE EVERY EFFORT TO DISPLAY OUR PRODUCTS AND THEIR COLOURS AS ACCURATELY AS POSSIBLE, THE DISPLAYED COLOURS OF THE PRODUCTS DEPEND UPON THE MONITOR OF THE USER AND AVAILABILITY OF INVENTORY. WE CANNOT GUARANTEE THAT THE USER’S MONITOR WILL ACCURATELY PORTRAY THE ACTUAL COLOURS OF THE PRODUCTS. CANADIAN DENTAL MAY PROVIDE ADDITIONAL PRODUCT(S) SPECIFIC DISCLAIMERS IN ITS DESCRIPTION OF SUCH PRODUCT(S) ON THE SITE OR THROUGH THE SERVICES, EMAIL OR OTHER CORRESPONDENCE TO YOU, THE PRODUCT(S) THEMSELVES OR IN AND/OR ON THE PACKAGING IN WHICH DELIVERED.

  1. Typographical Errors or Inaccuracies

The Site may contain typographical errors or inaccuracies and may not be complete or current. Canadian Dental reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and to the extent permitted by applicable law, Canadian Dental reserves the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.

  1. Limitation of Liability; Indemnity

You waive and shall not assert any claims or allegations of any nature whatsoever against Canadian Dental, its affiliates or subsidiaries, their contractors, vendors or other partners, any of their successors or assigns, or any of their respective officers, directors, agents or employees (collectively, the “Released Parties”) arising out of or in any way relating to your use of the Site, Services or Content, including, without limitation, any claims or allegations relating to the alleged infringement of proprietary rights, alleged inaccuracy of Content, or allegations that any Released Party has or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of the Site. You use the Site at your own risk.

Without limitation of the foregoing, neither Canadian Dental nor any other Released Party shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to personal/bodily injury (including death) arising out of your use of Product(s) you purchase through the Site, loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the Site, Services or Content, including without limitation any damages caused by or resulting from your reliance on the Site, Services Content or other information obtained from Canadian Dental or any other Released Party or accessible via the Site, or that result from mistakes, errors, omissions, interruptions, deletion of User Content or other data, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to the Site, any User, or any other Released Party’s records, programs or services.

In no event shall the aggregate liability of Canadian Dental, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Site or the Services exceed any amount paid by you for Product(s), Services or access to the Site or Services during the three months prior to the date of any claim, if any.

You shall defend, indemnify and hold harmless Canadian Dental and the other Released Parties from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of your use of the Site and Services and from the use of the Site and Services by any person to whom you give access to your account.

  1. Communications

You authorize Canadian Dental to: (a) accept communications it receives from you by means of the Site as if those communications had been given directly by you in writing and signed by you; and (b) respond to your communications through the Site. Notices that we give you may be provided in any of the following ways. First, we may e-mail you or send you a text message/SMS at the contact information you provide in your Registration Data. Second, we may post a notice to you in the account area of your User Account on the Site. Third, we may post the notice elsewhere on the Site. When we post notices on the Site, we post them in the area of the Site suitable to the notice. It is your responsibility to periodically review the Site for notices.

Communications you send to Canadian Dental are not effective unless and until they are processed by the responsible Canadian Dental representative. Canadian Dental may refuse to process any communications sent to Canadian Dental, or may reverse the processing of any communications sent to Canadian Dental, at any time in Canadian Dental’s discretion, and without any notice or liability to you or any other person, including if Canadian Dental believes the communication to be fraudulent or unlawful or defective, inaccurate or incomplete due to a technical malfunction.

  1. Applicable Law and Venue

The Site is controlled by Canadian Dental and operated by it from its offices in Ontario, Canada. You and Canadian Dental both benefit from establishing a predictable legal environment in regard to the Services. Therefore, you and Canadian Dental explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Site and Services will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

Except where prohibited by applicable law, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future) arising out of or relating to (a) these Terms; (b) the Site, Services or Content; (c) oral or written statements relating to these Terms or to the Site and/or Services; or (d) the relationships that result from these Terms or the Site, Services or Content (collectively, a “Claim”) will be referred to and determined by a sole arbitrator (to the exclusion of the courts). Except where prohibited by applicable law, you waive any right you may have to commence or participate in any class action against Canadian Dental related to any Claim and, where applicable, you also agree to opt out of any class proceedings against Canadian Dental. If you have a Claim, you should give written notice to arbitrate at the address specified below. If we have a Claim, we will give you notice to arbitrate at your address provided in your Registration Data. Arbitration will be conducted by one (1) arbitrator pursuant to the commercial arbitration laws and rules in effect on the date of the notice in the Province of Ontario.

To the extent arbitration as described in the immediately preceding paragraph is prohibited by applicable law, you agree that all Claims will be heard and resolved in a court of competent subject matter jurisdiction located in Toronto, Ontario. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.

If you choose to access the Site and/or Services from locations other than Ontario, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify Canadian Dental and the other Released Parties for your failure to comply with any such laws.

  1. Termination/Modification of License and Site Offerings

Notwithstanding any provision of these Terms, Canadian Dental reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your License to use the Site and/or the Services, or any portion thereof; (b) block or prevent your future access to and use of all or any portion of the Site, Services or Content; (c) change, suspend or discontinue any aspect of the Site, Services or Content; and (d) impose limits on the Site, Services or Content. When your account is terminated, any User Content you have uploaded or have sent to Canadian Dental to upload to the Site may remain on the Site.

If these Terms expire or terminate for any reason, Sections 2, 3, 4, 5, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26 & 27 and any representation or warranty you make in these Terms, shall also survive indefinitely.

  1. Miscellaneous

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Canadian Dental may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of Canadian Dental, and any such attempted assignment will be void and unenforceable. These Terms constitute the entire agreement between you and Canadian Dental regarding your use of the Site and Services, and supersede all prior or contemporaneous communications whether electronic, oral or written between you and Canadian Dental regarding your use of the Site and Services. The parties confirm that it is their wish that these Terms, as well as any other documents relating to these Terms, including notices, have been and shall be drawn up in the English language only.

  1. Other Matters

You and Canadian Dental are non-exclusive, independent contracting parties, and nothing in these Terms of Use or done pursuant to these Terms of Use will create or be construed to create a partnership, joint venture, agency, employment, or other similar relationship between you and Canadian Dental. Upon request by Canadian Dental, you will execute all further documents and instruments and do all further things as may be reasonably necessary to implement and carry out the provisions and intent of these Terms of Use. No consent or waiver by Canadian Dental to or of any breach of these Terms of Use by you will be effective unless in writing and signed by Canadian Dental or will be deemed or construed to be a consent to or waiver of a continuing breach or any other breach by you. Except as expressly set forth in these Terms of Use, Canadian Dental’s rights and remedies under these Terms of Use are cumulative and not exhaustive or exclusive of any other rights or remedies to which Canadian Dental may be lawfully entitled under these Terms of Use or at law, and Canadian Dental will be entitled to pursue any and all of its rights and remedies concurrently, consecutively and alternatively. The provisions of these Terms of Use will enure to the benefit of and be binding upon you and Canadian Dental and your respective successors and permitted assigns. If any provision of these Terms of Use is held by a court or arbitrator of competent jurisdiction to be invalid or unenforceable for any reason, then the provision will be deemed severed from these Terms of Use and the remaining provisions will continue in full force and effect without being impaired or invalidated in any way, unless as a result of the severance these Terms of Use would fail in its essential purpose. You will not assign, transfer, delegate, license, sub-license or grant these Terms of Use or your rights, duties and obligations under these Terms of Use without Canadian Dental’s express prior written consent, which consent may be withheld in Canadian Dental’s discretion. Canadian Dental may, without your consent, assign these Terms of Use or any of Canadian Dental’s rights, duties, or obligations under these Terms of Use. These Terms of Use and the Other Terms and Conditions together set forth the entire agreement between you and Canadian Dental regarding the subject matter of these Terms of Use and the Other Terms and Conditions, and supersede all previous communications, representations, negotiations, discussions, agreements, or understandings, whether oral or written, with respect to the subject matter of these Terms of Use and the Other Terms and Conditions. There are no representations, warranties, terms, conditions, undertakings or collateral agreements, express, implied or statutory, between you and Canadian Dental regarding the subject matter of these Terms of Use and the Other Terms and Conditions other than as expressly set forth in these Terms of Use and the Other Terms and Conditions.

Canadian Dental purchases all product directly from the manufacturer as an authorized distributor or indirectly from the manufacturer via one of their authorized distributors.

Canadian Dental offers our own product warranty equal to the manufacturers warranty, where the manufacturer will not provide coverage.

You and Canadian Dental have each expressly requested and required that these Terms of Use and the Other Terms and Conditions be drawn up in the English language.

All rights not expressly granted by these Terms of Use are reserved by Canadian Dental.

If you have any questions or comments regarding these Terms of Use, please contact Canadian Dental's Customer Care by telephone, or e-mail at: info@canadiandentalsupplies.ca