Last Updated: September 26, 2019

Introduction

a. This page describes the terms of use for the AlloyGator Canada Ltd. (“AlloyGator”) website (the “Website”) and the relationship between AlloyGator and you, the user of the Website.

b. For the purposes of this contract, the terms “us”, “we”, “our” and “AlloyGator” will be used interchangeably to refer to AlloyGator Canada Ltd. The terms “you” and “User” will be used interchangeably to refer to you as the user of the Website. Any reference to the Website also includes the services that are provided through it.

Company Information

a. AlloyGator is a British Columbia company with an office located at 10780 Cambie Rd, Richmond, British Columbia, Canada V6X 1K8.

b. You can contact a representative of AlloyGator by calling 1-855-534-2867 or e-mailing info@alloygator.ca.

Use of the Website

a. By using the Website, or placing an order for our products, you agree to be bound by the terms and conditions set out herein (the “Terms”) and the Privacy Policy. If you do not agree to either the Terms or the Privacy Policy please discontinue your use of the Website.

b. Please ensure you have read and understood the Terms and Privacy Policy before making an order. If you have any questions regarding the Terms or the Privacy Policy please send us your questions by e-mailing info@alloygator.ca.

Modification of the Terms

a. AlloyGator may, at its sole discretion, update the Terms without providing you with prior notice. In turn, please check these Terms regularly for updates. Your continued use of the Website constitutes your consent to the new Terms.

b. The Terms that will apply to your order will be those Terms that were on the Website at the time you place your order.

Eligibility for Website Use

a. To use the Website, Users must be the age of majority, which is 18 or 19 years depending on your province or territory, and not be under guardianship.

b. Users must use the Website only for personal use and must not use the Website for commercial purposes or for any third party.

c. You warrant you meet these eligibility criteria by using the Website.

Limitations on Website Use

a. You agree not to do any of the following:

i. extract data from the Website through any process or means;

ii. jeopardize the security of the Website through any process or means;

iii. resell or commercially use the Website or its Content;

iv. anything that restricts or inhibits any third party’s use and enjoyment of the Website;

v. modify or adapt the Website or the Website’s code in any way;

vi. by any means, mirror, copy, imitate, reproduce, download, broadcast, transmit or store the Website or any of the Website’s Content;

vii. harass, threaten, intimidate, mock or ridicule anyone through your use of the Website; and

viii. anything that creates an unreasonably large load on the Website or interferes or disrupts the Website or any network or other website connected to the Website or owned or controlled or used by AlloyGator.

b. AlloyGator reserves the right to forbid and bar anyone at any time from accessing or using the Website.

c. AlloyGator reserves the right, but is not obligated, to monitor the Website’s activity or Content. We may investigate and take any action that we, in our sole discretion, determine to be appropriate, in response to any reported violation of these Terms or any other complaints we receive. However, we are not obligated to conduct any such investigation or take any such action.

d. AlloyGator reserves the right to modify or withdraw, either temporarily or permanently, the Website, or any part thereof without providing you with prior notice.

e. We accept no legal responsibility for any actions taken by a third party that result in the Website’s modification or withdrawal.

Intellectual Property

a. All copyright, data, text, software, images, graphics, trademarks, logos, interfaces, photographs, videos and other intellectual property (collectively, “Content”) on the Website is owned, controlled by, or licensed to AlloyGator.

b. All registered and unregistered trademarks used on the Website are the property of their respective owners.

c. AlloyGator grants Users a license to view the Content for their own personal non-commercial use. AlloyGator does not grant Users any other rights to use the Website or Content unless it gives the User written permission to that effect.

d. Users can request written permission from AlloyGator for further rights to the Content or the Website by e-mailing AlloyGator at info@alloygator.ca.

e. Users can report copyright, or other intellectual property, infringements by e-mailing AlloyGator at info@alloygator.ca.

Third-Party Content

a. Any third party content that is on the Website or any links on the Website to third party content is provided at the User’s own risk. AlloyGator does not accept any liability arising out of your use of, reliance on, or any other connection between you and third-party content, including, without limitation, liability for any damage, loss or offence caused or alleged to be caused by, or in connection with, your use of or reliance on any third party content, goods or services.

b. Regardless of whether AlloyGator provides a link to any third-party websites, AlloyGator does not endorse or make representations regarding the content or privacy practices of third party websites.

c. Users can report issues with third-party content to AlloyGator by e-mailing info@alloygator.ca and we may review the impugned link but we are not obligated to remove it.

Limitation of Liability

a. In the case of any inconsistencies between this Limitation Clause and any other clause contained in these Terms this Limitation Clause prevails.

b. We do not seek to limit our liability regarding any matter for which it would be unlawful for us to limit or exclude our liability. Additionally, we accept liability for death or personal injury caused by our negligence or that of our employees and agents. We do not seek to exclude liability for fraudulent misrepresentation by us or our employees or agents. Any loss you incur resulting from our breach of these Terms or any other tortious duty, including arising by reason of defects in our products, is limited to a refund or replacement of the relevant products.

c. We do not accept liability for:

i. Direct, indirect, incidental, special, consequential, exemplary or punitive damages or any other damages whatsoever including but not limited to, damages for loss of profits, goodwill or other intangible losses (even if we have been advised of the possibility of such damages), arising out of, or resulting from, your use or inability to use the Website or our products.

ii. The use of any content or other material on the website, the cost of procurement of substitute goods or services resulting from any goods, data, information or services purchased or obtained or transactions entered into or messages received through or from the Website.

iii. Unauthorised access to or alteration of any transmissions or data sent or received between us and you.

iv. Statements or conduct of any third party on our website.

v. Any other matter relating to the Website.

In no event shall our total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence, or otherwise) exceed the amount paid by you, if any, in connection with your use of our Website.

Indemnity

a. You indemnify and hold AlloyGator and our related entities, affiliates, and our and their respective officers, agents and employees, harmless from and against  any and all claims, liability, demands, proceedings, losses, expenses (including legal fees), and damages (of any kind including actual, special and aggravated) of every kind and nature made by any third party arising out of or due to your breach of these Terms or your use of the Website or our products.

Online Purchases

a. All prices on the Website are expressed in Canadian dollars and do not include taxes, shipping fees, tariffs or other charges to which the products may be subject.

b. You are solely responsible for any taxes, shipping fees, tariffs or other charges to which your order may be subject.

c. AlloyGator does not guarantee the accuracy of prices provided on the Website and reserves the right to update prices without providing prior notice to you.

d. Any discounted prices of our products are offered at AlloyGator’s sole discretion and we may change these prices without providing prior notice to you.

Formation of Sales Contract

a. When you submit an order to purchase our products your order submission constitutes an offer to purchase. The confirmation of order that we send you via e-mail represents our acceptance of your offer to purchase and results in the formation of a sales contract.

b. If your order is placed and you have made a payment for that order but the order cannot be fulfilled, we will attempt to refund payment for the order.

c. The listing of our products on the Website does not represent a guarantee of its availability for purchase. AlloyGator also reserves the right to discontinue any product at any time without providing prior notice to you.

Shipping and Postage

a. We aim, but are not obligated, to dispatch goods within 3 business days from the date on which we send your confirmation of order e-mail. Orders that are shipped to an address located in Canada or the United States mainland typically arrive within 5 to 7 business days from the date of dispatch, however, please refer to the tracking number provided for your order for a more accurate estimated delivery time. Orders shipped to an address not located in either of those locations may take longer to be delivered.

b. Orders are shipped using the delivery method that you selected when making your order. AlloyGator is not responsible for any lost, damaged or late orders. However, AlloyGator may, but is not obligated, to compensate you for any lost, damaged or late orders if:

i. you notify us, within 14 days after the originally estimated delivery date of your order, that your order has not arrived; or

ii. any other circumstances that we determine, exercising our sole discretion, exist that warrant we provide you with compensation, in amount we will determine using our sole discretion, for your lost, damaged or late order.

c. An individual must be available to provide a signature upon the delivery of any order. If you are unable to accommodate this requirement you must contact the shipping provider directly to make alternative arrangements for delivery. AlloyGator accepts no responsibility for your failure to make such alternative arrangements.

Order Cancellation

a. You can cancel your order with no charge up until your order is shipped to you.

b. To cancel your order, you must send us an e-mail at  info@alloygator.ca with your order number, name and address.

Refunds and Returns

a. Subject to the limitations set out below, you can return your order within 30 days of purchase.

b. To return a product you must do the following:

i. mail the product(s) you wish to return to our warehouse located at 10780 Cambie Rd, Richmond, British Columbia, Canada V6X 1K8; and

ii. include the original order form or a copy of your original invoice.

iii. The cost of shipping is supplied by the customer.

c. Subject to the below exception, we will only accept returns of, and issue a refund for, product(s) that meet the following criteria:

i. have not been damaged in any way;

ii. have not been used; and

iii. remain in their original packaging.

d. Subject to subsection “f” below, AlloyGator will also accept returns of, and issue a refund for, product(s) that are:

i. incorrect;

ii. damaged; or

iii. faulty.

e. AlloyGator reserves the right to determine, through reviewing photographic evidence provided to us by you, whether any product(s) sent to you are damaged or faulty for the purposes of this provision. If you do not provide us with any photographic evidence to support your claim that any of the product(s) you received are damaged or faulty we will automatically determine no such damage or fault exists.

f. You are responsible for examining your order to determine if any of the products you received are incorrect, damaged or faulty. To be entitled to a refund for any incorrect, damaged or faulty product(s) that you receive you must:

a. sign for the goods as incorrect, damaged or faulty when accepting the delivery of the products; and

b. notify us within one business day of delivery by e-mailing us at info@alloygator.ca  or calling us at 1-855-534-2867. Failure to deliver such notice may result in you forfeiting your right to a refund.

g. AlloyGator reserves the right to issue a replacement product in lieu of issuing a refund to you for any incorrect, damaged or faulty product(s). In the event AlloyGator decides to issue a replacement product you must return the incorrect or damaged product(s) in their original packaging to our warehouse located at 10780 Cambie Rd, Richmond, British Columbia, Canada V6X 1K8.

h. AlloyGator will not be responsible for the shipping and other charges associated with the return of your order unless:

a. the product(s) you received were incorrect; or

b. the product(s) you received are deemed by AlloyGator in accordance with subsection “e” of this provision to be damaged or faulty.

i. AlloyGator is not responsible for any delay in issuing a refund in the event you fail to return your order to the address we provide you for the purpose of the return.

j. All refunds are issued using the same payment method that you used to place your order.

k. You may be entitled to additional consumer rights laws and this provision does not limit any such additional statutory rights.

Disclaimers

1. AlloyGator provides no guarantee that our products will prevent damage caused to an alloy wheel by collision with a curb or any other object.

2. Failure to properly maintain our product, particularly after any impact, could in some circumstances result in the product coming loose. 

3. Our products should only be cleaned using regular soap and water. Use of any caustic cleaning products, particularly acid-based products, cleaning agents, either on your vehicle generally or on our products, can cause damage to our products.

4. Our products are designed for use in normal driving conditions, which means on vehicles driving at the legally posted speed limits on regularly maintained city roads in mild weather conditions. Our products are not intended for vehicles that are driven in any other driving conditions, including but not limited to, on unmaintained roads, in extreme weather (such snowstorms, sleet, excessive rain fall, etc.), or above the legally posted speed limits.

5. Our products are not intended for track/racing cars or for racing of any form.

6. Our products are not recommended for machine polished or diamond cut alloy wheels.  Although fitting the product will provide superior protection against curb damage, due to existing imperfections in the lacquered wheel surface our product may increase the risk of moisture retention and accelerate wheel degradation. AlloyGator Limited accepts no liability if the product when fitted causes such damage.

7. Our products are not recommended for alloy wheels fitted to motor bikes, scooters or similar vehicles.

8. Our products are not recommended for vehicles over 2500kg or 5500lbs as GVW (Gross Vehicle Weight).

9. In the event the profile of the product has been pulled away from the tire to which it is installed do not leave the product in this condition. Contact us immediately for re-fitting.

10. All sets of our products come with Care and Advise guides.  AlloyGatorusa.com and Alloygator.ca also have sections of After Care and Maintenance with a downloadable PDF to be printed if you wish.

Warranty

a. We offer a 24-month warranty for discolouring of our products only (“Warranty”), which begins as of the date of delivery, on all of our products.

b. The cost of labour is not included in the Warranty.

c. Under the Warranty, we will provide a new product or replacement parts for the product without charge in the event the impugned product is faded in colour due to normal exposure.

d. You are solely responsible for payment of return shipping for any new product or replacement parts delivered pursuant to the Warranty.

e. The Warranty does not apply to products that were damaged due to inappropriate use, incorrect operation, incorrect fitting, impact, hazardous liquids (including caustic products), exposure to extreme heat/cold, acts of God, vandalism, or acts of a third party.

f. The Warranty does not apply to minor damage caused by ordinary use of the product.

g. The Warranty is the sole warranty provided by AlloyGator.

Pictures and Images

a. Pictures and images throughout this site are used for illustration purposes only and from time to time product packaging may vary slightly.

Waiver

a. No waiver by AlloyGator of any default of yours of these Terms operates or can be construed as a waiver of any of your future defaults.

Severability

a. If any part of these Terms are deemed invalid, unlawful or, for any reason unenforceable, then that provision shall be deemed to be severable from these Terms and shall not affect the validity and enforceability of any of the remaining provisions of the Terms.

Entire Agreement

a. These Terms and the Privacy Policy constitute the entire agreement between AlloyGator and you and supersede all previous agreements, including earlier versions of these Terms, communications, and proposals between you and us whether electronic, oral or written. You confirm that, in accepting these Terms, you have not relied on any representation not contained herein and you agree that you shall have no remedy in respect of any misrepresentation not contained herein.

b. The above does not apply to any fraudulent misrepresentation whether or not it is contained in these Terms.

Governing Law

a. These Terms are governed exclusively by the laws of British Columbia, whose Courts have the exclusive jurisdiction over any dispute, save that AlloyGator retains the right, exercisable at its sole discretion, to commence and pursue proceedings in an alternative jurisdiction if it so chooses.


Privacy Policy

Last Updated: September 26, 2019

Introduction

a. This privacy policy (“Policy”) describes the ways in which we collect and process your personal data when you use our Website and/or when you sign up for our newsletters, competitions and other marketing activities.

b. For the purposes of this contract, the terms “us”, “we”, “our” and “AlloyGator” will be used interchangeably to refer to AlloyGator Canada Ltd. The terms “you” and “User” will be used interchangeably to refer to you as the user of the Website. Any reference to the Website also includes the services that are provided through it.

Company Information

a. AlloyGator is a British Columbia company with an office located at 10780 Cambie Rd, Richmond, British Columbia, Canada V6X 1K8.

b. You can contact AlloyGator’s privacy officer about any concerns you have about this Policy or your personal data by calling 1-855-534-2867 or e-mailing info@alloygator.ca.

Modification of the Policy

a. AlloyGator may, at its sole discretion, update this Policy. You will be notified of any updates and all versions of the Policy will remain in accordance with the law. This policy is to be read in conjunction with our terms of use, which are available here.

Information You Provide

a. When you use our Website to purchase our products, contact us, sign up for our newsletters or participate in our other marketing activities you provide us with the following personal data:

a. Your contact information – this includes information such as your name, address, e-mail, and telephone number;

b. Your payment information – this includes information such as your bank details and payment card details;

c. Your account details – if you create an online account to make a purchase on our Website, we collect information associated with your account such as your purchase history and the frequency of your logins;

d. Order details – if you place an order for our products then we collect the specifics of your order, including the products you purchased and the time of the order;

e. Communications – if you send us any form of written communication, we collect the text of that communication and if you call us, we may keep a record of the fact that that call occurred.

Information Collected Through Website Use

a. When you use our Website, we automatically collect the following additional forms of data about your technical equipment and Website use patterns:

a. Your internet protocol (IP) address;

b. Your browsing history, which includes the products that you viewed or searched for;

c. Cookies to receive and store certain types of information whenever you interact with us or third-parties that use our services. This information helps us recognize you, customize our website experience, store items in your cart between visits. Examples of this information include but are not limited to: pages you visit, type of browser/device/hardware, purchase information and search terms.

Purposes for Data Collection

a. We collect your personal data for the following reasons:

i. To fulfill a sales contract with you;

ii. When applicable, to comply with any legal or regulatory obligations imposed on us;

iii. To provide you with access to our Website;

iv. To respond to your communications;

v. To process and deliver your orders;

vi. To verify your identify and credit information;

vii. When you’ve created an account, to administer your account; and

viii. To analyse sales so that we can better understand and improve our business.

Control and Access

a. AlloyGator uses SG Hosting Inc. of 901 N. Pitt Street, Suite 325, Alexandria, VA  22314 to host its server and WooCommerce of Unit A206, The Old Biscuit Mill (TOBM) 373 – 375 Albert Road, Woodstock, Cape Town, South Africa as its eCommerce platform which parties together with Alloygator may store and process personal data.

b. We keep your personal data for as long as you remain a customer. Once you cease being a customer we may keep it for as long as is necessary to enable us to respond to any questions or complaints you may have as well as to maintain records to abide by any legal, accounting or reporting requirements to which we may be subject.

c. Your personal data is not sold to third parties. We may, however, share your personal data with third parties for purposes such as:

i. Processing your order payment; and

ii. Supplying and delivering your order to you.

Security

a. We encrypt any sensitive personal data, such as your banking and payment card information, before its transmission to ensure the security of such forms of personal data.

b. We ensure the security of your personal data that we physically store through the following measures: 

i. We only allow our employees who must access your personal data to perform a specific job (for example, billing or customer service) to have access to your personal data; and

ii. The computers and servers in which we store your personal data are kept in a secure environment.

Direct Marketing

a. We require your explicit consent in order to engage in direct marketing with you. Direct marketing includes sending you e-mails, text messages or any other written electronic messages, about any promotional offers, discounts or new services we may be providing.

b. If you have given us your express consent to do so, we may send you e-mails, text messages or other written electronic messages with regards to the above described subject matter.

c. You can unsubscribe from receiving direct marketing from us at any time by clicking the unsubscribe link included in any direct marketing message we sent to you or by e-mailing us at info@alloygator.ca.

Your Rights

a. You have the right to access any personal data that we have collected from you.

b. You have the right to correct any personal data that we have collected from you.

c. You have the right to demand we erase any personal data that we have collected from you if we no longer need it to fulfill a purpose. If we need your personal data for any purpose, we will inform you of that purpose in response to your erasure request.

d. You have the right to demand we do not use or, stop using, any personal data that we have collected from you if we no longer need it to fulfill a purpose. If we need your personal data for any purpose, we will inform you of that purpose in response to your cessation of use request.

e. To exercise any of these rights or to make any other inquiries regarding your personal data or this Policy please e-mail us at info@alloygator.ca or call us at 1-855-534-2867.