This version is in effect since March 15th, 2016.
Please read these terms of use carefully. They govern your use of the point-s.ca website. They exempt Point S and other persons from liability or limit their liability, and contain other important provisions that you should read.
These terms of use contain the following provisions:
1. Your acceptance of these terms of use
These terms of use constitute an agreement between you and all persons you represent (and for the purposes of this agreement, “person” includes natural persons and any type of incorporated or unincorporated entity) and Point S (“Point S”) regarding your access to and use of Point S’s point-s.ca website and all content, information, products and services available through the website (collectively, the “Website”). These terms of use also provide benefits to Point S affiliates, service providers, suppliers and other persons.
Each time you use the Website, you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent, without limit or qualification, to be bound by these terms of use as they then read, and you represent and warrant that you have the legal authority to agree to and accept these terms of use on behalf of yourself and any person you purport to represent. If you do not agree with each provision of these terms of use, or you are not authorized to agree to and accept these terms of use on behalf of the person you purport to represent, you may not access or use the Website. The Website is for convenience and informational purposes only and is not intended to convey advice, recommendations or an offer to sell any product or service.
These terms of use are in addition to any other agreement you may have with Point S, including a transaction agreement.
2. Permission to use the website
You have permission to use the Website if you are a Canadian or American resident, have reached the age of majority in your place of residence, and are legally able to enter into contracts under applicable legislation. You cannot use the Website if you reside in a jurisdiction in which access or use is illegal in whole or in part. It is incumbent upon you and you alone to determine if you can use the Website legally, and you must comply with all applicable laws.
3. Changes to these terms of use
Point S may, in its sole discretion, change these terms of use from time to time, as it relates to future use of the Website, by posting revised terms of use on the Website. By using the Website after these revised terms of use have been posted, you signify your acceptance and agreement to be bound by the revised terms of use. You may not change these terms of use in any manner.
4. Ownership and permitted use of the website
The Website (including all content, page headers, custom graphics, button icons, scripts and the presentation, arrangement, coordination, enhancement and selection of such and other information in text, graphical, video and audio forms, images, icons, software, designs, applications, data and other elements available on or through the Website) is the property of Point S and others, and is protected by Canadian and international copyright, trademark and other laws. Your use of the Website does not transfer to you any ownership or other rights in the Website or its content. The Website is made available to you for your lawful, personal use only. You may use the Website only in the manner described expressly in these terms of use and subject to all applicable laws. Using the Website for any other purpose or in any other manner is strictly prohibited.
You may print Website pages provided that you do not modify any of the pages and that you do not remove or alter any visible or non-visible identification, marks, notices or disclaimers. The Website and its content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the express prior written consent of Point S. It is prohibited to use software used as part of the operation or the equipping of the Website except when you use the Website in accordance with the current terms of use.
5. Misprints, errors, and availability
Point S endeavours to provide current and accurate information on the Website. However, misprints, errors, inaccuracies, omissions (including incorrect product descriptions) and other errors may sometimes occur. Point S cannot guarantee that products and services advertised on the Website will be available when ordered or thereafter. Point S does not warrant that the content of the Website including, and without limitation to the foregoing, product descriptions or photographs, is accurate or complete.
6. Trademark information
Point S and other names and logos appearing on or in connection with the Website (the “Marks”) are registered or unregistered trademarks, service marks, trade names and logos owned or licensed by Point S or their respective owners or licensees.
Any use of the Marks, except as expressly provided in this Agreement, is strictly prohibited. Nothing appearing on the Website or elsewhere shall be construed as granting, by implication or otherwise, any licence or right to use any of the Marks.
7. No linking, framing, mirroring, scraping, data-mining or postings
Links to the Website without the express written permission of Point S are strictly prohibited. To request permission to link to the Website, please send an email to infohs@point-s.ca. Point S may, in its discretion, cancel and revoke any permission it may give to link to the Website at any time and without any notice or liability to you or any other person.
The framing, mirroring, scraping or data-mining of the Website or any of its content in any form and by any means is strictly prohibited. You may not use any collaborative browsing or display technologies in connection with your use of the Website or to post comments, communications or any other data of any kind to or on the Website with the intention that such postings may be viewed by other users of the Website.
8. Guide agreements
The guide is an online tool intended to help its users shop their tires only. The results of any search query are strictly dependent on the information submitted by the user. Make sure to verify and to take into consideration all of the technical elements required to choose the size, load capacity and speed index of the tires. Do not exclusively rely on the characteristics of the tires currently installed on the vehicle. Verify all the information appearing on the vehicle frame, on the door jamb as well as any other information(s) and/or guideline(s) provided by the manufacturer. Pneus Unimax Ltée, Point S associate dealers, their employees and representatives cannot be held responsible for any damages whatsoever arising from the use of this guide, such guide being a tool at the users’ disposal exclusively intended to facilitate their choice of tires on the basis of the information submitted by each user. The user releases Pneus Unimax Ltée, Point S associate dealers, their employees and representatives from any liability for any damages whatsoever arising from the use of this guide
9. Contests
From time to time, Point S may make contests available to users of the Website and others. All contests are governed by these terms of use and the applicable Contest Rules. By participating in a contest through the Website, you signify your agreement and acceptance of these terms of use and the applicable Contest Rules.
10. Unsolicited submissions
In order to avoid potential misunderstandings or disputes, Point S does not accept or consider unsolicited ideas or suggestions (“Submissions”). If you send Submissions to Point S or the Website, you automatically grant (or warrant that the owner of the Submissions grants) to Point S and its successors, assigns and licensees a perpetual, royalty free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable right and license to use and 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 or technology now known or later developed, without providing any attribution or 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 Point S or its successors, assigns and licensees, and you agree, represent and warrant that all moral rights in the Submissions are waived in favour of Point S and its successors, assigns and licensees.
11. Disclaimers, liability exclusions/limitations and indemnity
Disclaimers
Your access to and 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, and including without limitation implied representations, warranties or conditions of or relating to accuracy, accessibility, fitness for a particular purpose, merchantability, performance or durability, all of which are disclaimed by Point S to the fullest extent permitted by law.
THE FOLLOWING CLAUSE IS NOT APPLICABLE IN QUEBEC:
Liability exclusions
Point S and its providers will never be liable to you or any other person for any loss or damage arising from these terms of use, including but not limited to loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, (whether in contract, tort, or any other law or equity), in connection with or related to your or another person’s use of the Website, even if Point S or its suppliers have been advised of the possibility of such loss or damage being incurred.
Acknowledgement and exclusion by statue in certain jurisdictions
The exclusion of certain warranties and the limitation of certain liabilities are prohibited in some jurisdictions. These statutory prohibitions may apply to you.
12. Personal information privacy
Point S collects, uses and discloses personal information in accordance with its Privacy Policy, which may be changed from time to time by Point S, in its discretion, without any notice or liability to you or any other person, by making an amended Privacy Policy accessible through the Website. By accepting these terms of use, and each time you use the Website, you consent to the collection, use and disclosure of your personal information by Point S in accordance with the Privacy Policy as it then reads.
13. Other sites/resources
For your convenience, the Website may include links or references to other Internet sites or resources and businesses operated by other persons (collectively “Other Sites”). Other Sites are independent from Point S, and Point S has no responsibility or liability for or control over Other Sites, their business, goods, services or content. Point S does not sponsor or endorse Other Sites or their business, goods, services or content unless expressly indicated in writing. Your use of Other Sites and your dealings with their owners or operators is at your own risk, and you will not make any claim against Point S arising from, connected with or relating to your use of Other Sites or your dealings with the owners or operators of Other Sites. As between you and Point S, these terms of use, with all necessary modifications, apply to your access and use of any Other Sites and their business, goods, services and content.
14. Termination
Notwithstanding any other provision of these terms of use, Point S may in its discretion change, discontinue, modify, restrict, suspend or terminate the Website or any part of it without any notice or liability to you or any other person. Point S may in its discretion and for its convenience, at any time, immediately terminate, temporarily or permanently, these terms of use or your permission to access and use the Website without any notice or liability to you or any other person.
If these terms of use or your permission to access or use all or any part of the Website is terminated for any reason, then these terms of use and all other then existing agreements between you and Point S will continue to apply and be binding upon you regarding your prior access to and use of the Website, and anything connected with, relating to or arising therefrom.
15. Governing law and dispute resolution
These terms of use, your access to and use of the Website, and all related matters are governed solely by the laws of Quebec and the applicable federal laws of Canada. Any dispute between you and Point S or any other person arising from, connected with or relating to the Website, these terms of use or any related matters (collectively “Disputes”) must be resolved before the courts of Quebec, located in the City of Montreal, and you will be irrevocably and exclusively subject to the jurisdiction of these courts regarding any dispute.
16. Purchase,replacement and refund policy
Online purchases made via the Point S website
To show you just how important your satisfaction is to us, you can return tires that were purchased online to your Point S dealer—in other words, the same dealer from whom you picked them up. Tires may be returned in the 30 days following your purchase on the condition that they have not been mounted on your vehicle. You may not obtain a refund from any Point S dealer. Point S does not charge a return fee.
For all returns and replacements of orders made online, please make sure you have the following items:
- The original receipt (invoice) for your purchase: This is the invoice you received by email when you made your purchase. To get a copy of the invoice, please log in to your account at https://point-s.ca and download or print your invoice from your purchase history.
- The initial payment method (for example, the credit or debit card used to make the purchase): Refunds will be issued using the initial payment method. If the purchases were made using your credit card, this credit card will be credited with the refund. The refund will be credited within 5 to 20 business days after the returned merchandise has been received and checked.
- Your name, address, telephone number, and signature: Valid photo ID may be required to confirm this information.
IMPORTANT NOTES REGARDING RETURN AND REPLACEMENTS
- Tires that have been mounted onto wheels are non-refundable.
- The manufacturer’s warranty, if applicable, will be respected.
IMPORTANT NOTES IN ORDER TO CANCEL ONLINE ORDERS
If you wish to cancel an order, you may request a cancellation by opening a session in your account or by calling 1 844-DSTRESS.
Read more about our Purchase, return and refund policy: https://point-s.ca/en/purchase-and-replacement-policy/
17. Other matters
If any portion of these terms of use is deemed illegal, null, or non-binding for any reason, that portion will then be deemed to have been removed from these terms of use and the other portions will remain in effect and fully applicable.
The conditions herein apply to the benefit of Point S and its suppliers and their successors, assigns or related parties, and apply to your benefit and to the benefit of your heirs, executors, administrators, successors, assigns and estate representatives and are binding upon you. You may not transfer these terms of use or the rights and obligations that they bestow upon you without the prior explicit written consent of Point S, which Point S may refuse at its sole discretion. Point S may transfer these terms of use and their rights and obligations that they bestow upon it without your consent. No consent or waiver by a party regarding a breach or failure by another party under these terms of use: (a) is to be interpreted as consent or waiver regarding a breach or ongoing default or any other breach or default of these obligations or of any other obligations of that party; or (b) will not be binding unless provided in writing and signed by all the parties.
The parties agree and explicitly require that these use conditions and all documents related to them be drafted in French.
You may contact Point S by telephone, email, or mail:
Point S
Head office
Customer service
235 J.-A. Bombardier Street
Boucherville, QC
J4B 8P1
1-888-449-3534
Email: info@point-s.ca
