TERMS AND CONDITIONS
1. Who and What We Are
BT/A Advertising Inc. ("BT/A", "we" or "us") is an independent on-line merchant. We provide our customers with entertainment products and services. Our address is set out below, but you will also find it in the purchase confirmation that you will receive when you place an order and, of course, at "Contact Us" on our website at www.btastore.ca.
It sometimes happens that goods or services you wish to order, or have ordered, are not available. We sell on a first-come, first-served basis. Except for refunding money you have paid for unavailable goods and services by way of a credit to your credit card, we are not liable or otherwise responsible for any changes to or non-availability of any goods and services.
If we sell you merchandise, or tickets to an event or venue, any applicable delivery charges will be included in the purchase price. The estimated delivery time will vary by offer and will be indicated in the offer Terms & Conditions.
Our goods and services are only available in Canada to credit card holders with a Canadian billing address. We can only deliver goods and services within Canada. Payment for goods and services may only be made by charging your credit card. What you buy from us cannot be exchanged, resold or refunded. You are limited to the quantity of packages you may purchase per offer; limits for each offer will be indicated on the offer page of the Website. Our prices are in Canadian dollars, and applicable taxes will be added to the purchase price.
You agree that these terms and conditions are drawn up in the English language. VOUS EXIGEZ QUE LA PRÉSENTE CONDITIONS SOIENT RÉDIGÉS EN ANGLAISE.
We don't get any information about you from your credit card provider, and so we'll have to ask you your name, your address for delivery, your email address, your credit card number, and your card's security code. (Although we can set up a BT/A account for you, we won't keep any of your card information - just your name, address, email address and telephone number, in case we need to contact you about your order.)
6. Disclaimer, Liability Exclusion, Liability Limitation, Release and Indemnity
BT/A strives to make your use of the Website and our service a great experience. However, BT/A and its Affiliates do not accept any liability for your use of the Website or our service. For that reason, the following additional provisions apply to your use of the Website and Service.
YOUR USE OF THE WEBSITE AND THE SERVICE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE OR USEFULNESS, ALL OF WHICH EACH OF BT/A AND ITS AFFILIATES HEREBY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW.
THE OPERATION OF THE WEBSITE MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND BT/A’s CONTROL. THE OPERATION OF THE WEBSITE MAY NOT BE CONTINUOUS OR UNINTERRUPTED OR SECURE. SECURITY AND PRIVACY AND CONFIDENTIALITY RISKS CANNOT BE COMPLETELY ELIMINATED.
AND BT/A AND ITS AFFILIATES DISCLAIM ANY AND ALL LIABILITY REGARDING SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY LAW.
BT/A AND ITS AFFILIATES WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OF USE, LOSS OF PRODUCTION, LOSS OF INCOME OR PROFITS (ANTICIPATED OR OTHERWISE), LOSS OF OPPORTUNITY OR ENJOYMENT OF ANY PURCHASED GOODS OR SERVICES, ECONOMIC LOSS, SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, ARISING FROM, CONNECTED WITH, OR RELATING TO THE USE OF THE WEBSITE OR THE SERVICE BY YOU OR ANY OTHER PERSON, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY BT/A OR ANY OF ITS AFFILIATES OR ANY PERSON FOR WHOM BT/A OR ANY OF ITS AFFILIATES ARE RESPONSIBLE, AND NOTWITHSTANDING THAT BT/A OR ITS AFFILIATES MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES BEING INCURRED BY YOU OR ANY OTHER PERSON.
LIMITATION OF LIABILITY
IN NO EVENT WILL BT/A’S OR ANY OF ITS AFFILIATES’ TOTAL LIABILITY TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, AND COSTS, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY BT/A OR ANY PERSON FOR WHOM BT/A IS RESPONSIBLE, EXCEED THE PRICE OF THE GOODS OR SERVICES YOU ORDERED AND THAT ARE THE SOURCE OF THE LIABILITY.
YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE EACH OF BT/A AND ITS AFFILIATES AND ALL OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PARTIES, SERVICE PARTIES, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE WEBSITE OR THE SERVICE.
7. Electronic Communications
8. Payment and Billing
You agree to pay applicable charges (including applicable taxes) for purchases that you make from us. In addition, certain promotional offers and discounts may apply to first-time purchasers only. Once your order has been placed, except as provided by consumer protection laws in your jurisdiction, you may NOT cancel your order. We will disclose your payment terms at the time you make purchases from the Website; you can also review your payment terms from time to time by visiting the "Help" area on the Website.
9. Misprints and Errors, Prices and Purchases
We try hard to provide current and accurate information on the Website. Nevertheless, misprints or other errors may occur. Accordingly, we reserve the right to change the prices, fees and charges regarding our service and/or products available through the Website at any time and from time to time without any notice or liability to you or any other person.
10. Governing Law