Terms of service

OVERVIEW

Welcome to Fittek Systems Inc. The terms “we,” “us,” and “our” refer to Fittek Systems Inc. Fittek Systems Inc. operates this store and website, including all related information, content, features, tools, products, and services (collectively, the “Services”). Fittek Systems Inc. is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with any policies referenced herein, describe your rights and responsibilities when accessing or using our Services.

Please read these Terms of Service carefully, as they include important information about your legal rights, responsibilities, warranties, and limitations of liability.

By visiting, interacting with, or using our Services, or by purchasing products from us, you agree to be bound by these Terms of Service and our applicable policies. If you do not agree with these Terms, you should not use or access the Services.

SECTION 1 - ACCESS AND ACCOUNTS

By using the Services, you represent that you are at least the age of majority in your province, state, or jurisdiction of residence or otherwise have the legal authority necessary to enter into transactions through the Services.

You may be required to provide information including your name, email address, company information, billing information, payment information, and shipping information.

You represent that all information you provide is accurate, current, and complete and that you have the authority to provide such information.

You are responsible for maintaining the confidentiality and security of your account credentials and for all activity occurring through your account.

SECTION 2 - PRODUCTS AND PRODUCT REPRESENTATIONS

We make reasonable efforts to accurately describe and represent our products, including their dimensions, specifications, materials, finishes, compatibility, appearance, and intended applications.

Product images and other visual representations displayed through the Services may include photographs, 3D models, computer-generated renderings, illustrations, digitally created or enhanced images, and AI-generated or AI-assisted content.

Such materials are provided for illustrative purposes and may not represent the exact appearance, dimensions, finish, color, configuration, or other characteristics of the final physical product.

Product specifications, technical documentation, installation instructions, drawings, and other applicable product documentation should be reviewed when determining whether a product is suitable for a particular application.

Product images, renderings, drawings, dimensions, specifications, finishes, packaging, and other information may be updated or changed as products are developed or improved.

Colors and appearance may vary due to displays, lighting, manufacturing processes, materials, finishes, production tolerances, and other factors.

We reserve the right to modify or discontinue products, specifications, configurations, accessories, packaging, or product availability without notice.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase products from Fittek Systems Inc.

Fittek Systems Inc. reserves the right to accept or decline an order at its discretion. An order is not considered accepted until payment has been successfully processed and the order has been accepted by Fittek Systems Inc.

We reserve the right to decline, modify, or cancel an order where reasonably necessary, including in circumstances involving product availability, pricing errors, payment issues, suspected fraud, shipping restrictions, or other circumstances affecting our ability to fulfill the order.

Please review your order carefully before submitting it. Once an order has entered processing or production, we may be unable to accommodate changes or cancellation requests.

If we cancel or materially change an order, we will attempt to notify you using the contact information provided with the order.

Purchases are subject to our Return and Refund Policy.

Fittek products may be purchased by individuals, businesses, dealers, distributors, integrators, contractors, and other commercial customers for installation, integration, resale, or other legitimate business purposes.

Additional terms may apply to dealer, distributor, wholesale, project-based, custom, special-order, quotation, or purchase-order transactions.

SECTION 4 - PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice.

The price charged for a product or service will generally be the price in effect when the order is placed and will be reflected in your order confirmation, subject to correction of errors or inaccuracies.

Unless expressly stated otherwise, posted prices do not include applicable taxes, shipping, handling, customs duties, import charges, brokerage fees, or other governmental charges.

Where Fittek specifically indicates that duties, taxes, shipping, or other charges are included in the purchase price or shipping method, those charges will be handled according to the terms presented during checkout.

You agree to provide current, complete, and accurate purchase, payment, account, billing, and shipping information.

You represent that you are authorized to use the payment method provided for your purchase and agree to pay all applicable charges associated with your order.

SECTION 5 - SHIPPING AND DELIVERY

Shipping and delivery dates are estimates unless expressly guaranteed in writing.

Fittek Systems Inc. is not responsible for delays caused by carriers, customs authorities, weather, transportation disruptions, government actions, supply interruptions, or other circumstances outside our reasonable control.

Customers are responsible for providing accurate and complete shipping information.

International orders may be subject to customs procedures, duties, taxes, brokerage fees, or other import-related charges unless expressly stated otherwise at checkout.

Any claim involving products that arrive damaged, defective, or incorrect should be reported to us as soon as reasonably possible after delivery.

Returns are governed by our Return and Refund Policy.

SECTION 6 - INSTALLATION AND PRODUCT USE

Fittek products may be intended for use as components within professional audio/video, low-voltage, electrical, mounting, infrastructure, construction, technology, or related systems and applications.

Products must be selected, installed, terminated, mounted, connected, and used appropriately for their intended application and in accordance with applicable product instructions, specifications, codes, standards, regulations, and accepted installation practices.

Where professional installation is appropriate, products should be installed by qualified personnel.

The purchaser, designer, installer, integrator, contractor, or other party responsible for the application is responsible for confirming that a product is appropriate and suitable for its intended use before installation.

Fittek Systems Inc. is not responsible for damage, loss, failure, or other consequences resulting from improper installation, misuse, unauthorized modification, improper product selection, failure to follow applicable instructions or specifications, or use outside the product's intended application.

SECTION 7 - INTELLECTUAL PROPERTY

The Services and their contents, including product names, brands, trademarks, logos, text, photographs, graphics, drawings, renderings, designs, documentation, videos, audio, software, and other materials, are owned by or licensed to Fittek Systems Inc. and are protected by applicable Canadian and international intellectual property laws.

Nothing contained within the Services grants a license or right to reproduce, manufacture, modify, distribute, publish, sell, reverse engineer, or commercially exploit Fittek intellectual property without prior written authorization from Fittek Systems Inc., except as otherwise permitted by law.

Dealers, distributors, integrators, contractors, and other authorized partners may use approved Fittek product information, documentation, images, and marketing materials only as authorized by Fittek Systems Inc.

All rights not expressly granted are reserved.

SECTION 8 - OPTIONAL TOOLS

We may provide access to customer tools, services, features, applications, or functionality provided by third parties that we neither monitor nor directly control.

Such tools may be provided “as is” and “as available” and may be subject to the terms and policies of the applicable third-party provider.

Your use of third-party tools is at your discretion and you should review and understand the applicable provider's terms before using them.

We may introduce additional tools, resources, and features through the Services in the future. Unless otherwise stated, those features will also form part of the Services and will be subject to these Terms.

SECTION 9 - THIRD-PARTY LINKS

The Services may contain materials or links to websites, services, documentation, manufacturers, carriers, payment providers, or other resources operated by third parties.

Fittek Systems Inc. is not responsible for examining or evaluating the content, accuracy, availability, policies, products, or services provided by third parties.

If you access third-party websites or services, you do so subject to the terms and policies of those third parties.

Questions or claims relating to third-party products or services should generally be directed to the applicable third party.

SECTION 10 - RELATIONSHIP WITH SHOPIFY

Fittek Systems Inc. is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Fittek Systems Inc.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Fittek Systems Inc., including any injury, damage, or loss resulting from purchased products and services.

You expressly release Shopify and its affiliates from claims, damages, and liabilities arising from or related to purchases and transactions with Fittek Systems Inc., except to the extent such liability cannot be excluded under applicable law.

SECTION 11 - PRIVACY

Personal information collected through the Services is handled in accordance with our Privacy Policy and applicable privacy laws.

Because our online store is hosted by Shopify, certain information may also be collected and processed by Shopify and other service providers necessary to operate the store, process transactions, provide shipping services, analyze website activity, prevent fraud, and provide other functionality.

Information may be processed or stored in jurisdictions outside the jurisdiction in which you reside.

Please review our Privacy Policy for additional information regarding the collection, use, disclosure, and processing of personal information.

SECTION 12 - FEEDBACK

If you voluntarily submit, upload, post, email, or otherwise provide ideas, suggestions, comments, feedback, reviews, proposals, or other content regarding Fittek, its products, or the Services, you authorize Fittek Systems Inc. to use that feedback for legitimate business purposes, including developing, improving, evaluating, and promoting our products and Services.

You represent that you have the right to provide any feedback submitted and that your feedback does not violate applicable law or the rights of another person or organization.

We are under no obligation to compensate you for unsolicited feedback unless otherwise agreed in writing.

SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information presented through the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, specifications, dimensions, pricing, availability, promotions, shipping charges, transit times, or other information.

We reserve the right to correct errors, inaccuracies, or omissions and to update information at any time without prior notice.

If an error materially affects an order that has already been submitted, we may contact you to resolve the issue or cancel and refund the affected order where appropriate.

SECTION 14 - PROHIBITED USES

You may access and use the Services only for lawful purposes.

You may not use the Services to violate applicable laws or regulations, infringe intellectual property rights, transmit malicious software, engage in fraud, impersonate another person or organization, interfere with the operation or security of the Services, collect personal information without authorization, or otherwise misuse the Services.

You may not circumvent or attempt to circumvent security, authentication, access controls, purchasing restrictions, technical protections, or other measures used to protect the Services.

We reserve the right to restrict access to the Services where we reasonably believe they are being misused.

SECTION 15 - REFUSAL OF SERVICE, SUSPENSION AND TERMINATION

Fittek Systems Inc. reserves the right, in its sole discretion and to the fullest extent permitted by applicable law, to refuse service, suspend or terminate an account, restrict access to the Services, or terminate this agreement at any time, with or without notice.

Termination or restriction of access does not eliminate any payment obligation or other liability incurred before termination.

Termination of an account or access to the Services does not, by itself, permit Fittek Systems Inc. to retain payment for products that Fittek does not provide. Accepted orders and payments will be handled in accordance with these Terms, our Return and Refund Policy, and applicable law.

Provisions that by their nature should survive termination, including provisions relating to intellectual property, payment obligations, limitation of liability, indemnification, governing law, and other accrued rights and obligations, will remain in effect.

SECTION 16 - DISCLAIMER OF WARRANTIES

Except for warranties expressly provided by Fittek Systems Inc. or rights that cannot legally be excluded, the Services and products are provided subject to applicable law without additional representations, warranties, or conditions beyond those expressly stated.

We do not guarantee that access to the Services will always be uninterrupted, timely, secure, or error-free.

Nothing in these Terms is intended to exclude or limit statutory warranties, consumer rights, or other protections that cannot legally be excluded or limited.

SECTION 17 - LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, Fittek Systems Inc. and its affiliates, directors, officers, employees, contractors, agents, service providers, and licensors will not be liable for indirect, incidental, special, punitive, exemplary, or consequential damages, including lost profits, lost revenue, lost savings, loss of data, loss of business, replacement costs, or similar losses arising from use of the Services or products.

Nothing in these Terms excludes or limits liability where such liability cannot legally be excluded or limited.

SECTION 18 - INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Fittek Systems Inc., Shopify, and their respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from third-party claims, losses, damages, liabilities, and reasonable costs arising from your breach of these Terms, violation of applicable law, violation of third-party rights, or misuse of the Services.

SECTION 19 - SEVERABILITY

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by law or severed where necessary.

The validity and enforceability of the remaining provisions will not be affected.

SECTION 20 - WAIVER AND ENTIRE AGREEMENT

Failure by Fittek Systems Inc. to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms, together with our policies and other terms incorporated by reference, constitute the agreement governing your use of the Services unless a separate written agreement between you and Fittek Systems Inc. expressly provides otherwise.

Separate dealer, distributor, wholesale, project, quotation, purchase-order, custom manufacturing, or other written agreements may contain additional or different terms. Where applicable, those specific written terms will govern the applicable transaction to the extent of any conflict.

SECTION 21 - ASSIGNMENT

You may not delegate, transfer, or assign these Terms or your rights or obligations under them without prior written consent from Fittek Systems Inc.

Fittek Systems Inc. may assign or transfer its rights and obligations as part of a merger, acquisition, corporate restructuring, sale of assets, or other legitimate business transaction, subject to applicable law.

SECTION 22 - GOVERNING LAW AND JURISDICTION

These Terms of Service and any agreements through which Fittek Systems Inc. provides products or Services will be governed by and interpreted in accordance with the laws of the Province of British Columbia and the applicable federal laws of Canada, without regard to conflict-of-law principles.

Any dispute arising from or relating to these Terms, the Services, or products supplied by Fittek Systems Inc. will, to the extent permitted by applicable law, be subject to the exclusive jurisdiction of the courts of British Columbia, Canada.

Nothing in these Terms limits any rights or remedies that cannot lawfully be excluded or restricted under applicable law.

SECTION 23 - HEADINGS

Headings are included for convenience only and do not limit or otherwise affect the interpretation of these Terms.

SECTION 24 - CHANGES TO THESE TERMS

We reserve the right to update, change, or replace these Terms of Service from time to time to reflect changes to our products, Services, business practices, legal requirements, or other operational requirements.

The current version of these Terms will be available through our website.

Where required by applicable law, we will provide notice of material changes.

Your continued use of the Services following an effective change to these Terms constitutes acceptance of the revised Terms, except where applicable law requires otherwise.

SECTION 25 - CONTACT INFORMATION

Questions regarding these Terms of Service may be sent to:

Fittek Systems Inc.
Email: info@fittek.net

Additional business contact information may be provided through our website or directly upon request.