1 - INFORMATION ACCURACY AND AVAILABILITY
All information provided by us and any materials that may be provided to you or to which you are referred are provided in good faith as a convenience to you and may be used for information purposes only and at all times in accordance with these Terms.
To the maximum extent permitted by law, we do not make any representations or warranties (express or implied) that all such information or materials provided by us are accurate, comprehensive, up to date, verified or complete. In particular, we do not make any representations or warranties (express or implied) concerning the fitness for any particular purpose of any such information or materials.
The information and materials we may provide to you do not constitute any form of advice and/or recommendation. We do not undertake to update or correct any information and/or materials provided and we reserve the right to make improvements and/or changes to any information or materials on our website.
While we try to ensure that our website is and remains available 24 hours a day, we will not be liable if, for any reason, at any time, it becomes unavailable for any period of time or at all. Access may be suspended temporarily or permanently without notice.
2 - ACCESS AND USE OF INFORMATION
Your access to our website is strictly limited to your personal or internal business use.
3 - INTELLECTUAL PROPERTY RIGHTS NOTICE
Any products, technology or processes described on our website and any materials to which you are referred may be subject to intellectual property rights (including, but not limited to, rights in trade marks, trade secrets and patents) owned by or licensed to us or owned by third parties. All rights in respect of such information and materials are reserved to us or to their rightful owners.
Where materials are provided by us, you may download to a local hard disk and/or print individual sections of materials for personal use and information or for the internal use of your business only and provided that you retain all copyright, other proprietary notices or other intellectual property notices contained in the original material on all downloads and/or copies made. Any file downloads are made at your own risk.
You acknowledge that all proprietary rights in and to such copyright material and/or materials attracting other intellectual property rights are and shall remain vested in us or the relevant third-party owners and that you shall obtain no rights in respect of such materials other than as stated above.
For the purpose of these Terms, any use of materials other than in accordance with these Terms is strictly prohibited. If you breach any of these Terms, you must immediately destroy any downloaded or printed materials. Save as mentioned above, no part of our website may be reproduced or stored in any other website in any public or private electronic system or service without our prior written permission.
4 - TERRITORY STATEMENT
Our website should not be used by any person or entity in any jurisdiction where its use would be contrary to applicable laws, rules or regulations of any governmental authority or regulatory or self-regulatory organisation.
You must be satisfied that you are entitled to access and use our websites. We accept no responsibility for unauthorised access or use.
5 - SUSPENSION AND TERMINATION
We will determine, in our discretion, whether there has been a breach of these Terms through your use of our website. When a breach of these Terms has occurred, we may take such action as we deem appropriate.
6 - LIABILITY
You acknowledge that our website is provided free of charge. We accept no liability for information provided. It is your responsibility to determine whether any information or materials provided are suitable for your intended use and no representations or warranties are provided in this regard.
We exclude to the fullest extent permissible at law all conditions, warranties and stipulations, express or implied, statutory, customary or otherwise which but for such exclusion, would or might subsist in your favour.
To the fullest extent permitted by applicable law, we shall not be liable WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, RESTRICTION OR OTHERWISE in respect of any claims or any direct, indirect, incidental, consequential, SPECIAL loss (including, without limitation, loss of profits, REVENUES, ANTICIPATED SAVINGS, GOODWILL, DATA, OR BUSINESS OPPORTUNITIES) of any nature or for any exemplary or punitive damages, and whether arising directly or indirectly from the use of OR RELIANCE UPON or inability to make use of the information and materials contained in or available through our website or otherwise howsoever arising WHETHER OR NOT WE HAVE BEEN ADVISED OF THE LIKELIHOOD OF SUCH LOSS.
Each of our employees, agents and sub-contractors may rely on and enforce the exclusions and restrictions of liability in these Terms in that person's own name and for that person's own benefit.
7 - LAW AND JURISDICTION
Any use of our website shall at all times be governed by the laws of the Province of Ontario and any applicable federal laws of Canada and, in the event of any dispute, the relevant parties shall irrevocably submit to the non-exclusive jurisdiction of the courts of the Province of Ontario.
Any provision of these Terms which is held by any competent authority to be invalid, void, voidable, unenforceable or unreasonable (in whole or in part) shall to the extent of such invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the other provisions of these Terms and the remainder of such provision shall not be affected. Failure by us to enforce or partially enforce any provision of these Terms will not be construed as a waiver of any rights under these Terms.
We are entitled, without your consent or notice to you, to assign the benefit, subject to the burden, of these Terms to any company in our group of companies at any time.
What information we collect from you
When you sign up on our website or place an order for products or services, we may collect from you certain information, including the following: a username, password, your first and last name and email address, mailing address, phone number, primary job role and product usage needs for which you are visiting our website.
We do not intend to collect any sensitive personal information on our website and therefore you should not include any sensitive personal information (e.g. data relating to your health, finances, sexual orientation, religion, racial or ethnic origin, political opinions) on your profile or otherwise on our website.
To the extent you are a registered user of our website, you have the option at any time to change your preferences registered in connection with any of our sites or services at any time.
How we store and use your information
The information you provide when registering to use, and in the course of using, our website may be used by us:
- to provide you with the products and services you order and to manage your account;
- to contact you in connection with any query you have raised;
- to contact you to inform you about other announcements, special offers, products, services or events on offer from Premier Farnell, its affiliates, and certain third-party business partners that we think may be of interest to you. We will always give you the option not to be contacted in this way or at all and you may exercise that option at any time.
- for administration purposes or to help us develop and improve our offering;
- for crime prevention or detection purposes; and
- as otherwise permitted or required by law.
The transmission of information via the internet is not always completely secure. We cannot guarantee the security of your personal information transmitted to our site; and any transmission is at your own risk. Once we have received your personal information, we do employ security features to try to prevent unauthorised access.
To whom may we disclose your information
We may share your information with other affiliates within the Premier Farnell group of companies. We may also need or wish to share your information with a limited number of others for a variety of reasons, including to provide product suppliers with limited point of sale information for calculation of sales commissions and other limited uses. We obtain appropriate confidentiality protection in those instances.
In connection with our business
For the purposes outlined above we may disclose your information to our service providers and agents who help us to carry on or advise us on how to develop our business (which may include other companies within the Premier Farnell Group, as well as reputable third-party providers). We require them to treat your personal information as confidential.
We will not share your information with any third parties outside our group for their marketing purposes.
For crime prevention, security or regulatory purposes
You should also be aware that we may pass on information to a law enforcement agency requesting it in connection with the commission of an offence, once we are reasonably satisfied as to the circumstances surrounding the request, or to comply with applicable laws and any lawful government or regulatory requests.
When we refer to "company", or "we", "our" or "us" in these Terms, we mean Premier Farnell Canada Limited, d/b/a Newark element14 and each of its subsidiary or affiliate companies in the Premier Farnell Group. Please note that as we continue to develop our business, we might sell or buy stores, subsidiaries, or business units, and in such transactions, customer information generally is one of the transferred business assets. Also, in the unlikely event that any or substantially all of our assets are acquired by a third party, customer personal information will of course be one of the transferred assets.
Rev. June 2012