Date of Last Update of this agreement: December 1, 2023

TERMS OF USE

Please read this agreement carefully. It governs your use of the e-Zinc Inc. (“e-Zinc”) web site located at www.e-zinc.ca (the “Web Site”) and the services and goods provided through the Web Site. It exempts e-Zinc and other persons from liability or limits their liability and contains other important provisions that you should read. Each time you use the Web Site you acknowledge and signify that you have read, understood, and agreed to be bound by this agreement. If you do not agree with each provision of this agreement each time you use the Web Site, you may not use the Web Site.

Each time you use the Web Site, the text of this agreement, as it then reads, will govern your use. Accordingly, when you use the Web Site you should check the date of this agreement and review any changes since the last time you visited. The changes will be clearly shown in the revised document for ease of reference.

This agreement contains the following provisions:

  1. Your Acceptance of this Agreement
  2. Changes to this Agreement
  3. Permitted Users and Access
  4. Misprints and Errors, Prices and Purchases
  5. No Advice or Solicitation
  6. Disclaimer, Liability Exclusion, Liability Limitation, Release and Indemnity
  7. Termination of this Agreement and the Web Site
  8. Information Submissions
  9. Ownership and Permitted Use of the Web Site
  10. Personal Information Privacy
  11. Trade-mark Information
  12. Other Sites
  13. Linking and Framing the Web Site
  14. Postings and Unsolicited Submissions
  15. Transaction Agreements
  16. Software Agreements
  17. Governing Law and Dispute Resolution
  18. Other Matters
  1. YOUR ACCEPTANCE OF THIS AGREEMENT

    This is an agreement between you and e-Zinc Inc., and governs your use of the e-Zinc Web Site and its content and the services and goods provided through the Web Site. Each time you visit, browse, purchase, access, or otherwise use this Web Site, you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent (and for purposes of this agreement, “person” includes any type of incorporated or unincorporated entity, including your employer), without limitation or qualification, to be bound by this agreement for using this Web Site, and to comply with all applicable laws and regulations, and you represent and warrant that you have the legal authority to agree to and accept this agreement on behalf of yourself and any person (such as your employer) you purport to represent. If you do not agree with each provision of this agreement, or you are not authorized to agree to and accept this agreement, or you do not have the legal authority to agree to and accept this agreement, you may not use the Web Site.

  2. CHANGES TO THIS AGREEMENT

    You may not change, supplement, or amend this agreement in any manner. However, e-Zinc may, in its sole discretion, change, supplement or amend this agreement as it relates to your future use of the Web Site from time to time, for any reason, and without any notice or liability to you or any other person, by posting a revised Agreement on the Web Site. You should check for revisions each time you log into the Web Site.

  3. PERMITTED USERS AND ACCESS

    The Web Site may be used only by persons who have reached the age of majority or legal age in their jurisdictions and who can form legally binding contracts under applicable law. The Web Site may not be used by persons in jurisdictions where access to or use of the Web Site or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of the Web Site is lawful, and you must comply with all applicable laws.

  4. MISPRINTS AND ERRORS

    e-Zinc endeavours to provide current and accurate information on the Web Site. Nevertheless, misprints or other errors may occur. Accordingly, e-Zinc reserves the right to change the services available through the Web Site at any time and from time to time without any notice or liability to you or any other person. e-Zinc reserves the right to refuse to accept any request for services, notwithstanding any course of dealing between e-Zinc and you in the past.
    Your online request for services delivered over the Web Site constitutes your request to engage e-Zinc to supply those services. Your request for services shall be deemed to be accepted only if and when e-Zinc actually carries out your instructions. If you wish to cancel a request for services, you may request a cancellation by sending an email to [email protected]. However, e-Zinc may not receive and process your cancellation request before it accepts and processes your request for services, in which case your cancellation request may not be effective.

  5. NO ADVICE OR SOLICITATION

    The content of the web site does not constitute advice or recommendations. You should seek third party professional advice and recommendations before acting or omitting to act based upon any information provided on or though the web site.

  6. DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE AND INDEMNITY

    e-Zinc strives to make your use of the Web Site a useful experience, and an easy way to purchase services from e-Zinc. Nevertheless, e-Zinc and its service providers (the “Providers”) do not accept any liability for your use of the Web Site. For that reason, the following provisions apply to your use of the Web Site:

DISCLAIMER

Your use of the website is at your own risk. The website is provided on an “as is” and “as available” basis, without any representations, warranties, or conditions of any kind, whether express or implied. This includes implied warranties of merchantable quality, fitness for a particular purpose, performance, or usefulness, all of which E-ZINC and its providers disclaim to the fullest extent permitted by law.

You (and not E-ZINC or its providers) assume the entire cost of all necessary servicing, repair, or correction to any computer or other equipment arising from, connected with, or relating to your use of the website.

The operation of the website may be affected by numerous factors beyond E-ZINC’s control. The operation of the website may not be continuous, uninterrupted, or secure. Security, privacy, and confidentiality risks cannot be eliminated.

E-ZINC is under no obligation to verify the identity of users of the website. However, you promise not to allow anyone to use the website posing as you.

Through or because of your use of the website, you may have the opportunity to engage in commercial transactions with other persons. All such transactions are at your own risk. E-ZINC is not a party to any such transactions and disclaims any and all liability regarding all such transactions.

Without limiting the generality of the foregoing, E-ZINC and its providers make no representation, warranty, or condition that:

  • The website will be compatible with your computer and related equipment and software;
  • The website will be available or will function without interruption or will be free of errors or that any errors will be corrected;
  • The information available on or through the website will be accurate, complete, sequential, or timely;
  • Particular results or any results at all may be obtained through the use of the website;
  • The use of the website, including the browsing and downloading of any information, will be free of viruses, trojan horses, worms, or other destructive or disruptive components; or
  • The use of the website will not infringe the rights (including intellectual property rights) of any person.

E-ZINC and its providers disclaim any and all liability regarding such matters to the fullest extent permitted by law.

  1. LIABILITY EXCLUSION

    E-zinc and its providers will not under any circumstances be liable to you or any other person for any loss of use, loss of production, loss of income or profits (anticipated or otherwise), loss of markets, economic loss, special, indirect or consequential loss or damage or punitive damages, whether in contract, tort or under any other theory of law or equity, arising from, connected with, or relating to the use of the web site by you or any other person, and regardless of any negligence or other fault or wrongdoing by e-zinc or any of its providers or any person for whom e-zinc or any of its providers are responsible, and notwithstanding that e-zinc or its providers may have been advised of the possibility of such loss or damages being incurred by you or any other person.

  2. LIMITATION OF LIABILITY

    In no event will e-zinc’s or any of its providers’ total liability to you or any other person for any claims, proceedings, liabilities, obligations, damages, losses, and costs, whether in contract, tort or under any other theory of law or equity, and regardless of any negligence or other fault or wrongdoing by e-zinc or any person for whom e-zinc is responsible, exceed the lesser of (i) the amount you paid to e-zinc for the use of the web site and (ii) one thousand ($1000) dollars.

  3. RELEASE

    You hereby release, remise and forever discharge each of e-zinc and its providers and all of their respective agents, directors, officers, employees, information providers, service providers, suppliers, licensors and licensees, and all other related, associated, or connected persons from any and all manner of rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and disbursements of any nature and kind whatsoever and howsoever arising, whether known or unknown, which now or hereafter exist, which arise from, relate to, or are connected with your use of the web site.

  4. INDEMNITY

    You agree to indemnify, defend and hold harmless each of e-zinc and its providers and all of their respective agents, directors, officers, employees, information providers, service providers, suppliers, licensors and licensees, and all other related, associated, or connected persons (collectively, the “indemnified parties”) from and against any and all liabilities, expenses and costs, including without limitation reasonable legal fees and expenses, incurred by the indemnified parties in connection with any claim or demand arising out of, related to, or connected with your use of the web site, the use of the web site by someone posing as you, or your breach of this agreement. You will assist and co-operate as fully as reasonably required by the indemnified parties in the defence of any such claim or demand. You further agree to indemnify e-zinc and the providers from all suits, damages, costs and liabilities whatsoever arising from any transactions in which you engage using products or services obtained from or through the web site.
    Advice and information provided by e-zinc or its representatives, whether oral or written, will not create any representation, warranty or condition or vary or amend this agreement, including the above disclaimer, liability exclusion, liability limitation, release and indemnity provisions, and you may not rely upon any such advice or information.
    The exclusion of certain warranties and the limitation of certain liabilities is prohibited by legislation in some jurisdictions. Such legislative limitations may apply to you.
    The disclaimer, liability exclusion, liability limitation, release, and indemnity provisions in this agreement survive indefinitely after the termination of this agreement.

  5. TERMINATION OF THIS AGREEMENT AND THE WEB SITE

    If you breach any provision of this agreement, you may no longer use the Web Site.
    e-Zinc may, in its sole discretion, change, suspend or terminate, temporarily or permanently, the Web Site or any part of it or any of its features at any time, for any reason, without any notice or liability to you or any other person.
    e-Zinc may at any time and for any reason, with or without cause, and in its sole discretion, immediately suspend or terminate (in whole or in part) your permission to use the Web Site, all without any notice or liability to you or any other person.
    If this agreement or your permission to use the Web Site is terminated by you or e-Zinc for any reason, this agreement will nevertheless continue to apply and be binding upon you in respect of your prior use of the Web Site and your engagement of the services of e-Zinc through the Web Site and anything connected with, relating to or arising from those matters.

  6. INFORMATION SUBMISSIONS

    All information you provide through the Web Site, including registration information (name and email address) and transaction-related information, must be true, accurate, current and complete. You must also provide e-Zinc with updated registration information within 30 days of any changes.
    e-Zinc 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, e-Zinc or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information within 30 days of any change. e-Zinc may require a copy of a government-issued form of identification before making any changes to your registration information.

  7. OWNERSHIP AND PERMITTED USE OF THE WEB SITE

    The Web Site and all information (in text, graphical, video and audio forms), images, icons, software, design, applications and other elements available on or through the Web Site are the property of e-Zinc, its Providers and others, and are protected by Canadian and international copyright, trade-mark, and other laws. Your use of the Web Site does not transfer to you or any other person any ownership or other rights in the Web Site or its content. You may only use the Web Site in the manner described specifically in this agreement.
    The Web Site may not be used for any purpose not expressly permitted by this agreement. In particular, except as expressly stated otherwise in this agreement, the Web Site may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, or distributed in any way, in whole or in part, without the express prior written consent of e-Zinc. You may not use any of the software that is used in the operation of the Web Site except in the course of using the Web Site. You may not reproduce, copy, duplicate, sell, or resell any part of the Web Site (including the software used in the operation of the Web Site) or access to the Web Site.
    The Web Site is made available to you for your lawful use only. You may access and browse the Web Site using commercially available, SSL-capable Web browser software. You may print or download the pages of the Web Site for your personal use provided that you do not modify any of the Web Site pages or other content and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. You may modify the business forms, such as contracts, notices and the like that you download from the Web Site, without being in breach of this provision.

  8. PERSONAL INFORMATION PRIVACY

    ee-Zinc does not collect, use, or disclose personal information on the Web Site.

  9. TRADE-MARK INFORMATION

    e-Zinc ™ and the e-Zinc logo are registered and unregistered trade-marks and trade names owned by e-Zinc Inc. Other product and company names and logos appearing on the Web Site may be registered or unregistered trade-names, trade-marks and service-marks of their respective owners.
    Any use of the trade-names, trade-marks, service-marks and logos (collectively “Marks”) displayed on the Web Site, except as expressly provided in this agreement, is strictly prohibited. Nothing appearing on the Web Site or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Marks displayed on the Web Site.

  10. OTHER SITES

    The Web Site may include links to other Web Sites or resources and businesses operated by other persons (“Other Sites”). Other Sites are independent from e-Zinc, and e-Zinc has no responsibility or liability for or control over Other Sites, their businesses, goods, services, or content. Links to Other Sites are provided solely for your convenience. e-Zinc does not sponsor or endorse any Other Sites or their content or the services available through those other Web Sites. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk, and you shall not make any claim against e-Zinc arising out of your use of any Other Sites or your dealings with the owners or operators of any Other Sites. As between you and e-Zinc, the provisions of this agreement under the section headed Disclaimer, Liability Exclusion, Liability Limitation, Release and Indemnity apply, with all necessary modifications, to your access to and use of any Other Sites and their business, goods, services, and content.

  11. LINKING AND FRAMING THE WEB SITE

    Links to the Web Site without the express written permission of e-Zinc are strictly prohibited. To request permission to link to the Web Site, please contact [email protected]. e-Zinc reserves the right to cancel and revoke any permission it may give to link to the Web Site at any time, for any reason, without any notice, and without any liability to you or any other person. The framing of the Web Site or any of its content in any form and by any method is strictly prohibited.

  12. POSTINGS AND UNSOLICITED SUBMISSIONS

    You may not modify the Web Site or post comments, communications, or any other data of any kind to or on the Web Site with the intention that such postings may be viewed by other users of the Web Site.
    e-Zinc does not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved goods, services or technologies, product enhancements, processes, materials, marketing plans, or new product names. The purpose of this policy is to avoid potential misunderstandings or disputes. Accordingly, please do not send any unsolicited ideas, suggestions or other materials (“Submissions”) to e-Zinc or the Web Site. However, if you do send Submissions to e-Zinc or the Web Site you automatically grant (or warrant that the owner of the Submissions grants) to e-Zinc and its assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of e-Zinc or its assigns, and you agree, represent and warrant that all moral rights in the Submissions are waived in favour of e-Zinc and its assigns.

  13. GOVERNING LAW AND DISPUTE RESOLUTION

    This agreement, your use of the Web Site, and all related matters are governed solely by the laws of the Ontario, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws.
    Any dispute between e-Zinc and you or any other person arising from, connected with or relating to the Web Site, this agreement or any related matters must be resolved before the Courts of Ontario sitting in the City of Toronto, Ontario, Canada, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those Courts in respect of any such dispute or matter.
    Any claim or cause of action you may have arising from, connected with, or relating to your use of the Web Site, this agreement, or any related matters must be commenced in a court of competent jurisdiction in the City of Toronto, Ontario, Canada within six (6) months after the claim or cause of action arises, after which time the claim or cause of action is forever barred, regardless of any statute or law to the contrary.

  14. OTHER MATTERS

    If any provision of this agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of this agreement and shall not affect the validity and enforceability of any remaining provisions.
    The provisions of this agreement will enure to the benefit of and be binding upon each of e-Zinc and its Providers and each of their respective successors and assigns and related persons and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives. You may not assign this agreement or your rights and obligations under this agreement without the express prior written consent of e-Zinc, which may be withheld in e-Zinc’s sole discretion. e-Zinc may assign this agreement and its rights and obligations under this agreement without your consent.
    No waiver, express or implied, by either party of any breach of or default under this agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
    You and e-Zinc are independent contractors and no agency, partnership, joint venture, employment or franchise relationship is intended or created by this agreement or your use of the Web Site.
    The parties have expressly requested and required that this agreement and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressement que ce Contrat et tous les documents qui s’y rapportent soient rédigés en anglais.
    Any rights not expressly granted by this agreement are reserved to e-Zinc.
    This agreement is subject to change without notice.
These website terms of use were last revised December 1, 2023.