Terms & Conditions
Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the Canadian and other copyright laws, and is the property Sim Video International Inc. herein referred to as Sim. The collective work includes works that are licensed to Sim. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with sim digital or purchasing sim digital products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with sim digital or to purchase sim digital products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by sim digital. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of sim digital used in the site are trademarks or registered trademarks of Sim or of their suppliers and/or product manufacturers.
Images, Product Literature & Specifications
All images used in the site are for visual reference only including images of rental items and do not necessarily represent all of the items included in the rental. Prices, product specifications, and images are subject to change without notice.
Warranty Disclaimer
This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, sim digital disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Sim does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. sim digital does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Sim shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if sim digital has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a Sim product is mistakenly listed at an incorrect price, sim digital reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Sim reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, sim digital shall issue a credit to your credit card account in the amount of the incorrect price.
Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be changed or terminated by sim digital without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
Sim may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Sim.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the province of Ontario, Canada. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase or rental of Sim products or services) shall be in the provincial courts located in Toronto, Ontario. Any cause of action or claim you may have with respect to the site must be commenced within one (1) year after the claim or cause of action arises. Sim’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Sim may assign its rights and duties under this Agreement to any party at any time without notice to you.
Indemnification
You agree to indemnify, defend, and hold harmless Sim, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, Sim may link to sites operated by third parties. However, even if the third party is affiliated with Sim, Sim has no control over these linked sites, all of which have separate and independent privacy and data collection practices. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Sim seeks to protect the integrity of its website and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).