Terms and Conditions
This website, including the TOTAL Environmental Services brand and logo (the “Website”), is owned and operated by TOTAL Environmental Services (“TOTAL ENVIRONMENTAL SERVICES)
These Terms and Conditions of Use (the “Terms”), together with any specific terms, conditions, or disclaimers provided on individual pages of our Website, govern your access to and use of the Website. Please read these Terms carefully.
By accessing or using this Website, you (“you,” “user”) agree to be bound by these Terms and our Privacy Policy [Link to your Privacy Policy]. If you do not agree to all these Terms and our Privacy Policy, you are not authorized to access or use our Website or any of its services. These Terms apply to all users of the Website, including, without limitation, browsers, customers, merchants, vendors, and contributors of content.
1. Use of Our Website
You agree to use our Website for lawful purposes only and in a manner that does not infringe upon the rights of others or restrict or inhibit their use and enjoyment of the Website. You shall not use our Website for any illegal or unauthorized purpose, including, but not limited to, violating any intellectual property rights or privacy laws.
By agreeing with these Terms, you represent and warrant that you are at least the age of majority in your jurisdiction and have the legal capacity to enter a binding contract.
You agree not to:
- Use our Website to conduct any activity that constitutes a civil or criminal offense or violates any law.
- Attempt to interfere with the operation, security, or integrity of our Website, its networks, or systems, or to gain unauthorized access to any part thereof.
- Provide us with inaccurate, incomplete, or outdated personal information. You agree to promptly update your account and information, as necessary.
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Collect or harvest any personally identifiable information from our Website without our express written consent.
You authorize us to collect, use, and disclose your personal information in accordance with our Privacy Policy.
2. General Conditions
We reserve the right, in our sole discretion, to:
- Refuse service to anyone for any reason at any time.
- Modify, suspend, or discontinue any aspect of the Website, including its content, features, or services, at any time without notice or liability.
- Impose additional rules, guidelines, or limitations on the use of our Website.
Your continued access to or use of our Website following any changes to these Terms constitutes your acceptance of those changes. It is your responsibility to review these Terms periodically for updates.
You agree that we shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Website or any service, content, feature, or product offered through it.
3. Products or Services
All purchases made through our Website are subject to availability. We reserve the right, in our sole discretion, to limit the quantities of any products or services offered, to discontinue any product or service at any time, and to refuse any order. We may also limit sales to people, households, geographic regions, or jurisdictions.
Prices for our products and services are subject to change without notice. Unless otherwise specified, prices displayed on our Website may be quoted in US dollars, Canadian dollars, or British Pounds.
We reserve the right to refuse or cancel any order, including those that are placed by resellers or distributors. If we suspect an order is fraudulent, we may cancel it and inform the relevant authorities.
We make reasonable efforts to display the colors and designs of our products accurately on our Website. However, we cannot guarantee that your computer monitor’s display of colors will be accurate.
Important Note Regarding TOTAL Environmental Services Group: TOTAL Environmental Services is a consortium of independent consultants and consulting firms operating under the TOTAL Environmental Services brand. Each partner operates independently and is solely responsible for their own work on any project or assignment. TOTAL Environmental Services collectively assumes no responsibility or liability for the work performance or quality of any individual partner.
4. Links to Third-Party Websites
Our Website may contain links to third-party websites for your convenience. These links do not constitute endorsement, approval, or control by using linked websites, their content, or the products or services offered therein. We are not responsible for the content, accuracy, or practices of any third-party websites linked to or from our Website.
You access third-party websites at your own risk. We shall not be responsible for or liable for any damage or losses arising from your use of or reliance on any third-party websites. Links to downloadable software are for convenience only, and we are not responsible for any issues arising from downloading or using such software. Your use of downloaded software is governed by the terms of the applicable license agreement.
5. User Comments, Feedback, and Other Submissions
You are solely responsible for any information, profiles, opinions, messages, comments, and other content (collectively, “Content”) that you post, distribute, or share on or through our Website. You represent and guarantee that you have all necessary rights to such Content, including, but not limited to, its legality, accuracy, and ownership of any intellectual property rights therein. Feedback, comments, and complaints should be submitted through our contact page.
By submitting Content to our Website, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Content in any media. You also agree that we are under no obligation to maintain any Content in confidence, to pay compensation for any Content, or to respond to any Content.
You agree not to post, distribute, or share any Content that:
- Is protected by copyright, trademark, patent, or other proprietary rights without the express consent of the owner.
- It is unlawful, libelous, defamatory, abusive, obscene, harassing, threatening, invasive of privacy or publicity rights, or otherwise objectionable.
- It contains viruses, malware, or other harmful code that could disrupt or damage our Website or any related systems.
- Constitutes spam, advertising, or other unsolicited commercial content, except where specifically permitted.
We reserve the right, on our sole discretion, to remove or refuse to post any Content that we deem objectionable or in violation of these Terms. You consent to such removal and waive any claim against us for the removal or deletion of your Content.
6. Your Personal Information
Our collection, use, and disclosure of your personal information are governed by our Privacy Policy [Link to your Privacy Policy], which is incorporated into these Terms by reference. Please review our Privacy Policy carefully.
7. Errors and Omissions
We strive to provide accurate information on our Website, but errors and omissions may occur. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice, even after an order has been submitted. These corrections and updates may relate to product descriptions, pricing, promotions, and availability.
We reserve the right to cancel or refuse any order placed based on incorrect pricing or availability information, to the extent permitted by applicable law.
We do not undertake any obligation to update, modify, or clarify information on our Website, except as required by law.
8. Disclaimer of Warranties and Limitation of Liability
YOUR USE OF OUR WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND ALL CONTENT, MATERIALS, PRODUCTS, AND SERVICES MADE AVAILABLE THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, AND UNINTERRUPTED ACCESS. WE DO NOT WARRANT THAT OUR WEBSITE WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR WEBSITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
UNDER NO CIRCUMSTANCES SHALL TOTAL ENVIRONMENTAL SERVICES , ITS AFFILIATES, PARTNERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOSSES, OR CAUSES OF ACTION (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES) ARISING FROM OR IN ANY WAY RELATED TO YOUR USE OF, OR INABILITY TO USE, OUR WEBSITE, ANY CONTENT OR MATERIAL THEREON, ANY PRODUCTS OR SERVICES OBTAINED THROUGH OUR WEBSITE, OR ANY THIRD-PARTY WEBSITES LINKED TO OUR WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Quotations provided on the Website are not binding offers unless explicitly stated otherwise. Prices and quotes are subject to change without notice. TOTAL ENVIRONMENTAL SERVICES and its members reserve the right to withdraw from any offers made. All transactions are subject to the terms and conditions outlined on this page.
CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITIES. IN SUCH JURISDICTIONS, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
9. Indemnification
You agree to defend, indemnify, and hold harmless TOTAL ENVIRONMENTAL SERVICES , its affiliates, partners, and their respective directors, officers, employees, agents, contractors, and licensors from and against any and all losses, liabilities, claims, expenses (including reasonable legal fees) arising out of or in any way connected with your use of our Website, your violation of these Terms, or your posting or transmission of any Content on or through the Website, including, but not limited to, any third-party claim that any information or materials provided by you infringe upon any third-party proprietary rights.
10. Entire Agreement
These Terms and any documents expressly referred to herein constitute the entire agreement between you and us regarding the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and us.
11. Waiver
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us is effective unless it is expressly stated and communicated to you in writing.
12. Headings
The headings used in these Terms are included for convenience only and will not limit or otherwise affect the interpretation of these Terms.
13. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent authority, such provision shall be severed from these Terms, and the remaining provisions shall continue in full force and effect to the maximum extent permitted by law.
14. Governing Law and Jurisdiction
These Terms and your use of our Website shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada, without regard to its conflict of law principles. Any legal suits, actions, or proceedings arising out of or relating to these Terms or your access to or use of our Website shall be brought exclusively in the courts of the Province of British Columbia in the City of Vancouver, and you irrevocably consent to the personal jurisdiction and venue of such courts.
15. Questions or Concerns
Please direct all questions, comments, and feedback regarding these Terms or our Website to us via our contact form [Link to your contact form].
