Terms & Conditions

Terms and Conditions

Overview

Welcome to KTM CTY (the “Website” or “Service”). The following Terms and Conditions (“Terms”) govern your access to and use of the Service and the products and services offered by KTM CTY. By using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Service.

SECTION 1 - Online Store Terms

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are 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 this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - Modifications to the Service and Prices

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES

The products and services offered by KTM CTY are listed on our website. We strive to ensure that the information provided on our site is accurate and up to date. However, we do not guarantee that the descriptions, prices, or any other content available on the site are error-free, complete, or current.

In the event that a product or service is listed at an incorrect price, we reserve the right to refuse or cancel any orders placed for that product or service. If your credit card has already been charged for the purchase and your order is cancelled, we will issue a credit to your credit card account in the amount of the incorrect price.

The products or services available on our website are subject to change without notice. We reserve the right to discontinue any product or service at any time.

Any offer for any product or service made on this site is void where prohibited.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve 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.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over 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. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of 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 services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. 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 should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are 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 comments 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 comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, click here.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

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

SECTION 12 - PROHIBITED USES

You agree to not use the Service:

  • For any illegal or unauthorized purpose
  • To violate any laws in your jurisdiction (including but not limited to copyright laws)
  • To harm or threaten to harm any individual or entity
  • To engage in any commercial activities, such as advertising or selling any goods or services through the Service, without our express written consent
  • To transmit any software viruses or other harmful computer code, files, or programs
  • To collect or harvest any information or data from the Service
  • To interfere with or disrupt the Service, or any servers or networks connected to the Service
  • To attempt to bypass any security measures or restrictions imposed on the Service.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

The Service is provided on an “as is” and “as available” basis. We do not guarantee the accuracy or completeness of the information provided through the Service and we make no representations or warranties of any kind, express or implied, as to the operation of the Service or the information, content, materials or products included on the Service.

In no event shall Canada Himalaya, its affiliates, agents, directors, employees, or suppliers be liable for any damages of any kind, under any legal theory, arising from the use of, or inability to use, the Service, including without limitation, indirect, incidental, special, consequential, or punitive damages, loss of profits, income, or data, loss of or damage to property and claims of third parties.

This limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction and shall survive termination of these Terms of Service.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Canada Himalaya, our directors, officers, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Service or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Service using your Internet account.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be illegal, invalid 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 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either party. You may terminate these Terms of Service at any time by discontinuing use of the Service and destroying all materials obtained from the Service and all related documentation and all copies and installations thereof, whether made under these Terms of Service or otherwise. In the event that we terminate or suspend your account or access to the Service, you agree to destroy all materials obtained from the Service and all related documentation and all copies and installations thereof, whether made under these Terms of Service or otherwise.

SECTION 17 - ENTIRE AGREEMENT

These Terms of Service, together with the Privacy Policy and any additional terms to which you agree when using particular elements of the Service, constitute the entire agreement between you and KTM CTY with respect to the use of the Service.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada.

SECTION 19 - CHANGES TO TERMS OF SERVICE

Canada Himalaya reserves the right, at its sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Service. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Service.

Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Service or discontinue any use of the Service immediately.

SECTION 20 - CONTACT INFORMATION

If you have any questions or concerns regarding the terms and conditions outlined in this document, or wish to report a violation, please contact us at info@ktmcty.ca Our customer support team will be happy to assist you and resolve any issues.