TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. BY USING THIS SITE, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS AS WELL AS THE POLICIES DESCRIBED IN THE SITE.

MC Commercial Inc., (the "GE Appliances Canada ", "us" or "we") is the operator of this website (the "Site"). Some software, hosting, functions, content, advertisements, goods and services being offered or links to other websites may be provided by affiliates of GE Appliances Canada ("Affiliates"), unaffiliated third-party service providers ("Service Providers"), or other companies with a business relationship with GE Appliances Canada ("Business Partners"). GE Appliances Canada' Affiliates, Service Providers and Business Partners are intended to be third party beneficiaries of these Terms of Use. The Site is not directed to children under 14 years of age. Children under 13 years of age may not use the Site to submit any information about themselves.

This site is part of a family of websites that we operate, sometimes organized or identified by 'brand', 'service' or 'function' to better serve our customers. Certain features available on this Site may be offered through one or more of our family of websites and your use of such websites and features shall be governed by these Terms of Use, unless we expressly advise that alternate or additional terms and conditions apply in respect of such features. In some cases, you may use this Site or another member of our family of websites to interact with applications or services that may be available for our products (e.g. SmartHQ) Such applications and services are governed by their license terms.

We may change these Terms of Use. Your continued use of the Site after any of these Terms of Use have been changed constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use the Site or any of its content.

We may terminate, modify, remove, suspend or discontinue any aspect of the Site, including the availability of any features, at any time.

1. USER ACCOUNTS

Certain features and functionality of this Site may only be available after you successfully create a user account for the Site and register to use such features and functionality. To successfully register to use such features and functionality, including to create a user account, you must provide the information reasonably required by and indicated on the applicable registration page (which information may include your name, preferences and contact information). You are responsible for keeping your user account details current.

You may be asked to provide a username (typically, this will initially be the email that you have chosen to associate with your account) and password. Where we offer you the ability to choose your own username(s) in connection with the Site, we will use reasonable efforts to assign such username(s) to you upon your request, provided however that you may not select, and we reserve the right to reject, any username that (i) has already been assigned, or (ii) we determine, in our sole discretion, is offensive, violates applicable law, is an attempt to reserve username(s) without the intent to use them, is an attempt to impersonate another, or may interfere or be confused with, violate, exploit, or capitalize on, the name, goodwill, trade-name, trademark, registered trademark, service mark, or proprietary or other rights of another. Where we reject a requested username, we may, in our sole discretion, assign an alternate username, ask you to select another username or terminate these Terms of Use.

If you create an account, you are responsible for maintaining the confidentiality of your account and password and you agree to accept responsibility for all activities that occur under your account or password. If you check out as a guest, you may still be able to track your orders. GE Appliances sells to adults who can purchase with a credit card or other permitted payment method. If you are under 18, you may not create an account.

You agree to notify GE Appliances Canada immediately of any unauthorized use, theft, or misappropriation of your account, usernames, or passwords and follow the instructions that we give you. We shall not be liable for any loss that you incur as a result of someone else using your usernames or passwords, either with or without your knowledge.

2. GE APPLIANCES CANADA - BRAND WEBSITES

Orders made on the Site are subject to the terms set out in the applicable product, part or service user guides, warranty cards, software licenses, manuals and other materials shipped with such products or parts, or available on the Site for such product, part or service, and in all cases, to availability.

If you wish to purchase products or services described on the Site, you will be asked to supply certain information which may include your name, address, contact, debit card, credit card, billing and shipping information. You may be asked to provide information to confirm your eligibility for certain discounts and promotions. You agree to pay all charges you incur (whether using your credit card or another payment mechanism) at the price(s) in effect when such charges are incurred.

All billing and registration information provided by you must be accurate, complete and correct. For your security, the billing name and address on your credit card must match that of the information you submit. If the information provided does not match, your order may be delayed or cancelled. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the products and / or services that you have ordered. We are required by law to collect all applicable sales taxes. You authorize us to charge the full order amount to your credit card at the time of order payment. We may preauthorize your order amount with your credit or debit card issuer at the time you place the order, which may affect your available credit.

We strive to fulfill each order accurately and in a timely manner but sometimes an item described on the Site is not available. Unfortunately, we do not control all aspects of delivery. As such, we are not responsible for failure to fulfill orders due to causes beyond our control. We reserve the right at any time after receiving your order to: limit order quantities to reasonable amounts (in our sole discretion); prohibit purchases by retailers, distributors, or resellers; discontinue or refuse to offer any product or service; impose conditions on any discount, coupon or promotion; and/or bar any user from completing a transaction. We reserve the right to discontinue the sale of any product or service at any time without notice.

All sales are subject to product availability. Should a product be out of stock on your designated delivery date, we reserve the right to hold shipment until the full order is available for delivery. For more information on your order status, including possible changes in your delivery date, please call 1-800-361-1100. If an item is out of stock, we may offer you alternative products as an option. If we are unable to deliver your out of stock product or an acceptable alterative, we will refund your payment by the same means it was provided.

In the event of a pricing or other error, we reserve the right to revoke offers, cancel orders and correct errors or omissions, including after an order has been placed. Our acknowledgement of an order means that your order request has been received, not that the price or availability of an item has been confirmed. If we reject, limit, or otherwise modify your order, we will attempt to notify you using the email address you provide to us. If we cancel an order or part of an order that we've already charged you for, we'll refund you the full amount of the canceled portion of the order.

Please note that certain coupons, discounts, rebates and other promotional pricing may be made available from time to time through our third party retailers and other distribution channels, but may not be available for use within our Sites. Please see the terms of such offers to determine their availability and specific requirements.

Shipping and Delivery: For large appliances delivered or picked up, please visit our policy for Delivery and Installation

Returns: For appliances, parts and accessories purchased directly from us, please visit our policy for Returns geappliances.ca/en_CA/Returns

3. CONTESTS, GAMES AND PROMOTIONS

From time to time, you may be offered access to various contests, games and promotions provided by GE Appliances Canada and/or other third parties through the Site. Additional terms and conditions may apply to your participation in such contests, games and promotions. Any such terms and conditions will be made available to you at the time you activate or enroll in such contests, games and promotions. Your participation in any contests, games or promotions provided by the Site constitutes your acceptance of these additional terms and conditions.

4. INTERACTIVE COMMUNICATIONS

You are solely responsible for the content of any communications by you through the Site. This Site may contain bulletin boards, chat rooms, or other message or communication facilities. You agree to use such forums only to send and receive messages and Content that are proper and related to the particular forum. By way of example, and not as a limitation, you agree that when using a forum, you will not: 

•post or otherwise disseminate on or through this Site communications or Content of any kind 

°that is harassing, defamatory, tortious, offensive, threatening, obscene or otherwise unlawful,

°that infringes or violates any third party's copyright, trademark, trade secrets, privacy or other proprietary or property right,

°that is otherwise objectionable, including without limitation, content that evidences bigotry, racism, sexism, or hatred or that promotes illegal activities or physical harm against anyone

°that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;

•advertise or offer to sell or buy any goods or services for any commercial purpose unless such forum specifically allows such messages;

•conduct or forward surveys, contests, pyramid schemes or chain letters; or

•harvest or otherwise collect information about others, including e-mail addresses, without their consent.

We do not have any obligation to monitor the content of our bulletin boards, chat rooms, or other message or communication facilities. However, we do reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post or remove any information or materials, in whole or in part, that in GE Appliances Canada' sole discretion are objectionable or in violation of these Terms of Use.

Except as otherwise provided in our Privacy Policy, you agree that any communications you transmit to anyone through the Site or copyrighted works you post on the Site, including, without limitation, questions, comments, suggestions, ideas, plans, notes, drawings, configurations, purchase orders, quotes, requests for quotes, performance data, account information, or other material, data or information (collectively, "Information"), are non-confidential and upon transmission of such information to GE Appliances Canada, its Affiliates, Service Providers and Business Partners by any means you grant to GE Appliances Canada, its Affiliates, Service Providers and Business Partners an irrevocable, non-exclusive, royalty-free, sublicensable, worldwide license (including but not limited to a copyright license) to use, reproduce, display, publicly perform, transmit and distribute such Information in any media for any purpose.

5. PRIVACY, ELECTRONIC COMMUNICATIONS, ANALYTICS

We are committed to respecting the privacy of the personal information of the individuals with whom we interact. We have developed a Privacy Policy to describe our privacy policies and practices and how we collect, use and disclose the personal information of those individuals who use this Site (or any of its related sites). Our Privacy Policy, incorporated by this reference, is available here https://geappliances.ca/en_CA/terms

From time to time, we may send you, via email, text message, standard mail, or other forms of digital and non-digital communications, from time to time, special offers, news and information relating to GE Appliances Canada generally, or the specific features, brands, products or services in which you have expressed an interest. Where we provide such communications, you will have the option to opt-in to receiving such communications when you register to use the Site and to manage your preferences in respect of such communications with the Site.

This site may use Google Analytics, a web analytics service provided by Google, Inc. (“Google”). The information generated by the cookie about your use of our Site (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of our Site, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. Further information about Google’s privacy policy may be obtained from http://www.google.com/privacy.html.

6. CONDUCT

You agree not to:

disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked sites;

•disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked sites;

•upload, post or otherwise transmit through or on the Site any viruses or other harmful, disruptive or destructive files;

•use or attempt to use another's account, service or system without authorization from GE Appliances Canada or a Service Provider, or create or use a false identity on the Site;

•transmit through or on the Site spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings;

•attempt to obtain unauthorized access to the Site or portions of the Site which are restricted from general access; or

•divulge your username or password to others either on or off the Site.

In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your user account, and that you will comply with all applicable local, national and international laws and regulations, including but not limited to export restrictions, that relate to your use of or activities on the Site. You will not use the site for any illegal or illicit purpose. The Site is controlled and operated in Canada. If you are in a jurisdiction that restricts you from accessing or using the Site, do not access or use the Site. GE Appliances Canada makes no representation that the Site is appropriate or available for use outside of Canada.

7. CONTENT

GE Appliances Canada, its Affiliates, Service Providers and Business Partners reserve copyrights in all Site content, including but not limited to design, text, software, technical drawings, configurations, graphics, and other files and their selection and arrangement (the "Content"). The Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without GE Appliances Canada' prior written permission, except that you may access the Content for your own, personal and non-commercial use, provided that you keep all copyright or other proprietary notices intact and that you do not transfer any Content to any other person unless you give them notice of, and they agree to accept, the obligations arising under these Terms of Use. You may not modify the Content in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose

Please note that this limited consent may be revoked at any time and does not include consent to republish Content on any other Internet, Intranet or Extranet site or to incorporate Content in any other database or compilation. Any other use of the Content is strictly prohibited. You further agree that you will not systematically extract, collect or harvest, through electronic means or otherwise, any data or data fields from the Site, including but not limited to customer identities.

Trademarks of GE Appliances Canada, its Affiliates, Service Providers and Business Partners may not be copied, imitated, or used, in whole or in part, without the prior written permission of GE Appliances Canada. All page headers, customer graphics, button icons, and scripts are services marks, trademarks and or/or trade dress of GE Appliances Canada, its Affiliates, Service Providers or Business Partners, and may not be copied, imitated, or used in whole or in part, without the prior written permission of GE Appliances Canada. Other trademarks, registered trademarks, product names or logos, and company names or logos displayed on the Site are the property of their respective owners.

You do not acquire an ownership interest, contract right, intellectual property right or any other right to this Site or to the Content, in whole or in part. You may not print or copy any of the HTML or other computer programs that are viewable at this Site. You agree not to copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any of such software. We may, at any time, suspend or terminate any or all rights and licenses contained herein without notice to you.

8. INFORMATION

All content available through the Site, including but not limited to data, quotes, status reports, technical drawings, configurations, order information, and catalog listings is believed to be accurate at the time of posting. We are under no obligation to update same or to advise you should it change. You should independently evaluate the accuracy of the information and the usefulness for your particular needs of any product or service available through the Site. Specifications for products and services are subject to change without notice, and GE Appliances Canada, its Affiliates, Service Providers and Business Partners reserve the right to make changes to processing, materials or configuration without notice. We do not guarantee that products listed in online catalogs will be available at the time of your order. All information on the Site is subject to the disclaimers set out herein.

9. LINKS AND THIRD-PARTY CONTENT

The Site may from time to time contain links to other websites or other Internet information sources ("Third-Party Sources"). These links are provided as a convenience and do not constitute an endorsement, sponsorship or recommendation by GE Appliances Canada of, or responsibility for, third parties or the linked Third-Party Sources or any content, services or products available on or through such Third-Party Sources. The Site may from time to time contain material, data or information provided, posted or offered by third parties, including but not limited to advertisements or postings in online community discussions. You agree that neither GE Appliances Canada, nor its Affiliates, Service Providers or Business Partners shall have any liability whatsoever to you for any such third-party material, data or information

10. IMPORTANT DISCLAIMERS

YOU ACKNOWLEDGE AND EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR OWN RISK.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, NONE OF GE APPLIANCES CANADA, ITS AFFILIATES, SERVICE PROVIDERS OR BUSINESS PARTNERS, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES, MAKE ANY REPRESENTATIONS, CONDITIONS OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND REGARDING THIS SITE, THE CONTENT, OR THE RESULTS THAT MAY BE OBTAINED FROM USE THEREOF.

THE CONTENT IS PROVIDED TO YOU ON A STRICTLY "AS IS", “AS AVAILABLE” AND "WITH ALL FAULTS" BASIS FOR YOUR PERSONAL INFORMATIONAL USE ONLY, WITHOUT ANY REPRESENTATION, CONDITION OR WARRANTY, INCLUDING OF ACCURACY OR COMPLETENESS OF INFORMATION OR OTHER WARRANTY OR CONDITION OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF QUALITY, MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

THE MATERIAL ON THIS SITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND INFORMATION MAY BE CHANGED, UPDATED OR DELETED WITH OR WITHOUT NOTICE. WE MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE CONTENT OF THIS SITE AT ANY TIME. WE MAKE NO WARRANTIES THAT THIS SITE WILL OPERATE UNINTERRUPTED OR ERROR FREE OR THAT DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT THAT THIS SITE IS COMPATIBLE WITH YOUR COMPUTER EQUIPMENT OR THAT THIS SITE OR ITS SERVERS ARE FREE OF ERRORS OR VIRUSES, WORMS OR "TROJAN HORSES". WE ARE NOT LIABLE FOR ANY DAMAGE YOU MAY SUFFER AS A RESULT OF SUCH DESTRUCTIVE FEATURES. YOU ADDITIONALLY ACKNOWLEDGE THAT THIS SITE, AND YOUR ACCESS THERETO MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. WE ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, REPRESENTATIONS OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU

11. LIMITATION OF LIABILITY

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SITE AND CONTENT, INCLUDING, WITHOUT LIMITATION, ANY OF THE INFORMATION CONTAINED THEREIN.

IN NO EVENT SHALL GE APPLIANCES CANADA, ITS AFFILIATES, SERVICE PROVIDERS OR BUSINESS PARTNERS, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES, OR FOR ANY DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER SIMILAR LOSS IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE SITE, THE CONTENT OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, IN EVERY EVENT, GE APPLIANCES CANADA TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR THE USE OR EXPLOITATION OF ANY OR ALL PART OF THE SITE, THE CONTENT OR ANY PART THEREOF IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO FIVE ($5.00) CANADIAN DOLLARS.

THE CONSIDERATION BEING PAID HEREUNDER DOES NOT INCLUDE ANY CONSIDERATION FOR GE APPLIANCES CANADA TO ASSUME ANY RISKS BEYOND THOSE EXPRESSLY ASSUMED HEREIN AND IF ANY SUCH RISKS WERE TO BE ASSUMED BY GE APPLIANCES CANADA, GE APPLIANCES CANADA WOULD NOT HAVE ENTERED INTO THESE TERMS OF USE WITHOUT CHARGING SUBSTANTIALLY HIGHER FEES.

12. GENERAL

These Terms of Use constitute the entire agreement between you and GE Appliances Canada with respect to the Site, the Content, and the use thereof. These Terms of Use are not intended to alter the terms or conditions of any other agreement you may have with GE Appliances Canada, its Affiliates, Service Providers or Business Partners to the extent that those agreements govern issues other than your use of the Site, nor any agreements that they may have with one another.

These Terms of Use will be governed by and construed in accordance with the laws of Canada and the Province of Ontario (or if you reside In Québec, the laws of the Province of Québec), without regard to its conflicts of law provisions. Should any provision in these Terms of Use be found invalid or unenforceable for any reason, that provision shall be deemed severable from the other provisions and shall not affect the validity or enforceability of the remaining provisions. Unless otherwise prescribed by applicable law, you agree that any claim arising out of or related to these Terms of Use or your use of the Site must be filed within two years after it arose or be permanently barred.

GE Appliances Canada failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. You shall not assign these Terms of Use or any of your rights hereunder without the prior written consent of GE Appliances Canada. The UN Convention on the International Sale of Goods is expressly excluded from, and will not apply to, these Terms of Use or any sale via the Site.

If you have any questions about these Terms of Use, please contact us as follows:

MC Commercial Inc.

Attention: Legal Department

Address: P.O. Box 5345, Burlington, Ontario, L7R 5B6

Email: Privacy.Manager@geappliances.ca

Telephone: 1-888-561-3344

You hereby acknowledge and agree that you have requested that this agreement and any related communication between GE Appliances Canada. and you be drawn up in the English language. Les parties aux présentes reconnaissent qu’elles ont exigé que la présente convention et tout document relié soit rédigés en anglais.

Updated: December 5th 2023