Terms of service
OVERVIEW
Welcome to C8 Energy! The terms "we", "us" and "our" refer to C8 Energy. C8 Energy operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). C8 Energy is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranties and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy (https://shop.c8energy.com/policies/privacy-policy). If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We make reasonable efforts to describe our products accurately. Colours and appearance may vary depending on your screen. Product specifications, availability, and prices may change for future orders. Nothing in this section limits any warranty or other right provided by applicable law.
Please confirm that an AUTOTERM product is suitable for your vehicle and installation before ordering. Product information does not replace the manufacturer's installation instructions or professional advice.
SECTION 3 - ORDERS
When you submit an order, we will send you an order confirmation to the email address provided. We will contact you if there is an issue with availability or fulfilment. Any order change or cancellation will be handled in accordance with applicable law and our Return and refund policy (https://shop.c8energy.com/policies/refund-policy). Please contact us promptly if you need to change an order.
Products may be purchased by individuals or businesses. Contact us about dealer or resale arrangements.
SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, and any other charges disclosed at checkout.
Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
SECTION 5 - SHIPPING AND DELIVERY
We currently ship within Canada. In-stock orders are normally dispatched within two business days after payment confirmation, excluding weekends and statutory holidays. Carrier transit times are estimates and vary by destination. Shipping charges and any applicable taxes are shown at checkout. See our Shipping policy (https://shop.c8energy.com/policies/shipping-policy) for current rates.
If a shipment is delayed, lost, damaged, or not delivered, contact us at info@c8energy.com so we can investigate. Nothing in this section limits any right or remedy provided by applicable law.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by C8 Energy, its affiliates or licensors and are protected by Canadian and other applicable intellectual property laws.
These Terms permit you to use the Services for your personal use or internal business use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of C8 Energy, Shopify or any third party. Unauthorized use of the Services may be a violation of applicable intellectual property laws. All rights not expressly granted herein are reserved by C8 Energy.
C8 Energy's names, logos, product and service names, designs, and slogans are trademarks of C8 Energy or its affiliates or licensors. You must not use such trademarks without the prior written permission of C8 Energy. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. Our responsibility for optional third-party tools is limited only to the extent permitted by applicable law.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.
Third-party websites and purchases are governed by their providers. Nothing in this section limits a right or remedy that cannot lawfully be limited. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
C8 Energy is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with C8 Energy. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and C8 Energy, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with C8 Energy, to the extent permitted by applicable law.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed at https://shop.c8energy.com/policies/privacy-policy, and certain personal information may be subject to Shopify's Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our privacy policy (https://shop.c8energy.com/policies/privacy-policy) for more details on how we, Shopify, and our partners use your personal information.
SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
We aim to keep product, pricing, shipping, and availability information accurate. If we discover an error, we may correct information for future orders and will contact you about an affected order. Any change to or cancellation of an order already placed will be handled in accordance with applicable law.
SECTION 13 - PROHIBITED USES
You may use the Services only for lawful purposes. You may not infringe another person's rights, transmit malware or unlawful messages, collect personal information without authorization, interfere with the security or operation of the Services, or use automated tools in a way that disrupts them. We may take reasonable action to stop misuse, subject to applicable law.
SECTION 14 - AUTOMATED ACCESS
Automated tools may access the Services only in accordance with applicable law and without interfering with the operation or security of the Services. We may take reasonable measures to protect the Services against abusive or unauthorized activity.
SECTION 15 - TERMINATION
We may suspend or terminate access to the Services for misuse, subject to applicable law. This does not cancel an accepted order or limit any statutory right or remedy.
The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
SECTION 16 - WARRANTIES
We aim to provide accurate information about the Services, but website availability and general information may vary. Product warranties and remedies are governed by the product information, any applicable manufacturer's warranty, and the law. Nothing in these Terms excludes or limits legal warranties, rights relating to defective products, or any other right that cannot lawfully be excluded or limited.
SECTION 17 - LIMITATION OF LIABILITY
To the extent permitted by applicable law, C8 Energy is not responsible for indirect or consequential losses arising solely from the use of this website. Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for intentional or gross fault, bodily or moral injury, or rights and remedies under applicable consumer protection law.
SECTION 18 - INDEMNIFICATION
To the extent permitted by applicable law, you agree to reimburse C8 Energy for reasonable third-party claims and costs directly caused by your unlawful use of the Services or your infringement of another person's rights. This section does not limit your statutory rights as a consumer.
SECTION 19 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 20 - WAIVER; ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
SECTION 21 - ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer our rights and obligations only as permitted by applicable law.
SECTION 22 - GOVERNING LAW
These Terms are governed by the laws of Québec and the applicable laws of Canada. This choice of law does not deprive a consumer of mandatory protections available under the laws applicable to that consumer, nor does it limit the jurisdiction of a court that cannot lawfully be excluded.
SECTION 23 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 24 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Changes will not retroactively alter an accepted order or limit any statutory right.
SECTION 25 - CONTACT INFORMATION
Questions about these Terms or an order can be sent to C8 Energy Ltd at info@c8energy.com.
C8 Energy Ltd
4710 rue Saint-Ambroise, Suite 111
Montréal, QC H4C 2C7
Canada
514-722-0024 or 1-855-700-5490