TERMS OF USE

Terms of Use (Legal Policy) - By accessing and browsing this website you accept, without limitation or qualification, the terms and conditions written below and all applicable laws. We may revise these terms and conditions by updating this posting at any time. 

Effective February 1, 2024

This is a legal agreement (“Agreement”) between you and Overlander Sports Ltd. for accessing its website via www.overlandersports.com and its subdomains (collectively the “Sites”). By accessing our Sites, you accept and agree to be bound by the terms and conditions outlined in this Agreement and any other terms of use, policies or documents referred to herein.

In this Agreement, when we say “we”, “us” and “our”, we are referring to Overlander Sports Ltd. When we say “you”, or “user” we are referring to the person accessing our Sites. If you are accessing the Sites on behalf of an organization, you are accepting this Agreement for that organization and are representing that you have the authority to bind that organization to this Agreement, in which case “you” and “your” will refer to that organization. When we refer to “Content”, we are describing any and all text, images and graphics, software, source code, apps, specifications, audio and video files, articles, trademarks, logos and other information or content available through our Sites that are not considered as submissions from a user.

Acceptance of the agreement

You agree to the terms and conditions, without modification, outlined in this Agreement. You may use the Sites, only in compliance with this Agreement and all applicable local, territorial/provincial, national, and international laws, rules and regulations. This Agreement may be changed by us from time to time at our sole discretion by updating this posting. We display an “effective date” at the top of this Agreement so that it will be easier for you to know when there has been a change. Accordingly, you should check this Agreement on a regular basis. By continuing to access or use the Sites after this Agreement has been updated, you agree to be bound by the revised version of the Agreement. By accessing our Sites and accepting the terms of this Agreement, Overlander Sports grants to you a limited, revocable, personal, non-sub-licensable, non-transferable, non-exclusive right to access and use the Sites in accordance with this Agreement solely for personal reasons and not for resale or to provide services to any third parties.

If you do not accept the terms of this Agreement, please do not use the Sites. If you use the Sites from a country other than Canada, you are still responsible for compliance with this Agreement.

Use of our Sites

Our Sites are intended for customers who are the age of 16 or older; who are not barred from use of our Sites under applicable legislation; and who are able to enter into a legally binding contract under applicable legislation. You may use the Sites only for lawful purposes and only in accordance with this Agreement. When using the Sites, you further agree that you will not:

• Use the Sites in any way that violates any applicable local, territorial/provincial, national or international law, rule or regulation;
• Use the Sites in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party;
• Send false or misleading information via the Sites;
• Use the Sites to advertise to or solicit any user;
• Use the Sites to resell any products or services unless as authorized under contractual obligations with Overlander Sports;
• Make commercial use of the Sites;
• Reproduce, publish, modify, distribute, transfer, and/or sell any Content on the Sites;
• Impersonate or attempt to impersonate Overlander Sports or any Overlander Sports employee, another user or entity (including, without limitation, the use of email addresses or screen names associated with or confusingly similar to any of the foregoing);
• Use tools or other methods to extract, mine or gather data from the Sites; and
• engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Sites, or which, as determined by us, may harm Overlander Sports or the users of our Sites or expose us or those other users to liability.

If we believe that there is a violation of this Agreement in your use of the Sites that can simply be fixed by you, whether that is the removal of information or other specific actions, we may ask you to take direct action to address the violation to our satisfaction. However, we may need to also engage in the situation and determine any additional appropriate action to be taken by us. If you are unable to act in accordance with our requested actions and/or we believe you are a credible risk of harm to us, other users, or third parties, without limiting the other remedies that are available to us under this Agreement, we may terminate permission or license granted by this Agreement and we will terminate your rights to access and use the Sites.

User account

In order to purchase products from our Sites, you are required to have an online user account. To create a user account, you must provide an email address and create a password. Once your account is created, you can provide additional information such as your preferred credit card payment details, and shipping and billing addresses. It is a condition of your use of your user account that all information you provide in connection with that user account is correct, accurate and complete. You are solely responsible for maintaining the secrecy of your account password. Your account is for your personal use only. You may not authorize others to use your account or transfer your account to any other person. You agree that Overlander Sports is not responsible for another party’s access to your account that results from misappropriation of your log-in details. You agree that you will notify Overlander Sports promptly of any unauthorized access or use of your account via the contact information provided below (Contact Us). You are solely responsible for all uses of your account and any activity performed through it. You also agree to ensure that you exit from your user account using the proper sign-out procedures at the end of each session. You should use particular caution when accessing your user account from a public or shared computer so that others are not able to view or record your password and other personal information.

We have the right to disable your user account or password and otherwise terminate your right to use your user account or the Sites at any time in our sole discretion for no or any reason, including without limitation if in our opinion you have failed to comply with any of the terms of this Agreement.

Terms of sale

All product sales from Sites are governed by these Terms of Sale, our Return Policy and any other terms of sale specific to the purchase (collectively, the “Terms of Sale”). By ordering and/or accepting delivery of the products, you agree to be bound by these Terms of Sale, which are subject to change without notice at our discretion. All sizes and weights quoted are approximate. All prices listed are in Canadian dollars and all charges will be processed in Canadian dollars. All prices listed on this Site are subject to confirmation. You agree to pay all charges payable for your order. We reserve the right to limit the quantity of items that you may buy. We also reserve the right to cancel orders at our discretion.

When multiple products are purchased, the products may ship in multiple deliveries. Multiple charges may be made to your payment method corresponding to different products. If multiple charges are made, the order total quoted at checkout may differ from the amounts charged due to rounding.

Any quoted amounts for sales tax are estimates and subject to the appropriate tax rates of the applicable province or territory at the time of purchase.

We will use commercially reasonable efforts to deliver items as quickly as possible, and within any time indicated. However, we are not responsible for delivery delays beyond our control. We will endeavour to notify users if delivery is delayed. We reserve the right not to ship or deliver to certain addresses or post office boxes.

Purchase of gift cards

You may purchase a gift card through our Sites. In purchasing a gift card, you acknowledge that you have reviewed and agreed to the gift card terms and conditions.

Terms of use within subsites and other sites

Where additional Terms of Use or Terms and Conditions are posted within our subsites, you will be required to review and agree prior to gaining access to the products or services.

Links to third party websites

If our Sites contain links to other websites, and/or facilitate registration to events and activities hosted by other third parties, those websites are not governed by this Agreement or the Overlander Sports Privacy Policy. Whether we have posted those links or other organizations or individuals have posted those links, you should read their privacy policies and Terms of Use and make an informed decision about whether you want to use those websites or their services. You are solely responsible for and assume all risk associated with your use of any such websites or resources. Where Overlander Sports has enabled you to connect with other third-party platforms in order to utilize their services in conjunction with our Sites, you will be subject to their collection practices and the terms of use and privacy policies of these third parties. You are responsible for ensuring you verify the URL and are aware when you are redirected to a third-party site and you are responsible for reviewing their terms of use and privacy policies, If you do not agree with their terms of use or privacy policies. If you should not use the services offered by such third-party platforms. In any event, you acknowledge and agree that Overlander Sports is not responsible or liable for the availability or accuracy of such third-party websites or resources, or the content, products or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement, approval, association or sponsorship by Overlander Sports of such websites or the contents, products or services available on or from such websites or resources.

Linking to our sites

You may link to our Sites, provided you do so in a way that is fair and legal and does not damage or adversely affect our reputation. However, you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. Our Sites must not be framed on any other site, nor may you create a link to any part of our Sites other than the home page. We reserve the right to withdraw linking permission without notice, in our sole discretion. The website from which you are linking must comply in all respects with these Terms of Use.

System integrity

You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Sites. You may not take any action, which imposes an unreasonable or disproportionately large load on Overlander Sports’ infrastructure. Without limiting the generality of the foregoing, you also agree NOT to:

• Use the Sites in any manner that could disable, overburden, damage, or impair the Sites or interfere with any other party’s use of the Sites;
• Use the Sites to send harassing or threatening messages to anyone;
• Use any robot, spider or any other automatic device, process or means to access the Sites for any purpose, including monitoring or copying any of the Content or other material on the Sites;
• Use any manual process to monitor or copy any of the Content or other material on the Sites without our prior written consent, including as may be granted by this Agreement;
• Introduce any viruses, Trojan horses, worms, logic bombs or other material that is malicious or technologically harmful;
• Attempt to penetrate security measures of the Sites or obtain or bypass other users’ passwords;
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Sites, the server on which the Sites are stored, or any server, computer or database connected to the Sites; and
• Attack the Sites via a denial-of-service attack or distributed denial-of-service attack.

When using the Sites, the communication of data may be transmitted over networks in which Overlander Sports cannot guarantee secure or reliable data transmission. As such, we assume no responsibility for the delay, failure, interruption or corruption of any data or other information transmitted in connection with the Sites. From time to time, the Sites may be unavailable for reasons within our control such as system maintenance or reasons outside of our control. When this occurs, Overlander Sports is not liable to you or other users for any interruptions in the use of our Sites.

Protection of privacy and security

By using the Sites you are deemed to have read our policies and are bound by them. As outlined in the Privacy Policy, protection of your Personal Information is a top priority for us. As such, we will maintain administrative, physical, and technical safeguards at a level no less protective than those described in our Privacy Policy. You understand that through your use of the Sites you consent to the collection, use and disclosure of your personal information in accordance with these policies.

In order to maintain the privacy and security of the Sites, you must not disclose any security or privacy vulnerabilities that you may discover about the Sites to any person except Overlander Sports. Immediately upon discovering any issues that may be pose a threat to the privacy and security of the Sites or data stored within the Sites, you must notify us at shoponline@overlandersports.com 

Communications and privacy

In accordance with Canada’s Anti-Spam Law (S.C. 2010, c.23), we require your consent for your contact information to be used to provide you with information for promotional purposes. At any time, you can opt-out of commercial electronic communications from us by clicking on the unsubscribe link at the bottom of our emails, adjusting your communication preferences within your user account, or contacting our Service Centre. We may still contact you in relation to your purchases, product safety updates, and other reasons permitted by law.

Errors and changes

Overlander Sports has made every effort to ensure the proper function of the Sites; however, Overlander Sports is not responsible for any damages that may occur while you are using the Sites. We do not warrant that the Sites will be error-free or that any defects will be corrected. We may make changes to the Sites’ features, functionality, or other components at any time without prior notice to you.

Intellectual property and ownership

Overlander Sports and our partners and vendors exclusively own and retain all right, title and interest in and to the Sites, and, unless otherwise indicated, all Content including software, materials, formats, interfaces, information, text, data, graphics, images, video, logos, icons, audio, content, computer code, proprietary and confidential information, and technology (and the design, selection and arrangement thereof) used by Overlander Sports or provided to you in connection with the Sites. This intellectual property is protected by Canadian, United States, and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

Overlander Sports permits you to view the Content, solely for your personal, non-commercial use. Images, audio files and videos on our Sites must not be altered or digitally enhanced, and their use must be in accordance with Canada’s Copyright Act (R.S.C., 1985, c. C-42). Any other use or alteration of the material is strictly prohibited without our prior written permission.

If you use any part of the Sites in breach of the terms of this Section, your right to use the Sites will cease immediately and you must destroy any and all copies or the Content that you have made. No right, title or interest in or to the Content or the Sites is transferred to you under this Agreement or otherwise, and all rights not expressly granted are retained by Overlander Sports. Any use of the Sites not expressly permitted herein is a breach of this Agreement and may violate copyright, trademark and other laws.

Limitation of liability

To the maximum extent permitted by applicable law, Overlander Sports, its subsidiaries, directors, officers, employees, agents, partners, suppliers, licensors and affiliates, and their respective directors, officers and employees will not be responsible for any direct, indirect, incidental, special, consequential or punitive damages of any kind, including without limitation personal injury or death, loss of profits, data, use, good will, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Sites; (ii) any conduct or Submission of any third party on the Sites, including without limitation any defamatory, offensive or illegal conduct of other users or third parties; (iii) any Content obtained from the Sites; and (iv) unauthorized access, use or alterations of your transmissions or Submissions, whether based on warranty, contract, tort (including negligence) or any other legal theory.

These limitations apply regardless of whether the party liable or allegedly liable was advised, had reason to know or knew of the possibility of such damages, and even if a remedy set forth in this Agreement is found to have failed its essential purpose. You agree that your exclusive and sole remedy is to stop using the Sites.

Indemnity and release

You agree at all times to indemnify, defend and hold us and our affiliates and subsidiaries, licensors, suppliers and service providers, and each of their respective directors, officers, employees, contractors, agents, shareholders, distributors and representatives harmless from any action, proceeding, liability, loss, claim and expense, including reasonable legal and other fees and disbursements, sustained, incurred or paid directly or indirectly by Overlander Sports as a result of (i) your violation of this Agreement, the Privacy Policy; (ii) your use of the Sites or that of any other person who accesses the Sites or the App using your user account; or (iii) your Submissions. You also agree to release and hold harmless Overlander Sports from and against any and all liability, claims, damages, actions, and costs, arising out of or in connection with your use, review or reproduction of the Sites.

Severability and waiver

Unless as otherwise stated in the Agreement, should any provision of the Agreement be held invalid or unenforceable for any reason, it will not affect or make the remaining provisions in the Agreement unenforceable or invalid to the extent permitted by law. The failure by Overlander Sports to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion, and any such waiver will not constitute a continuing waiver unless otherwise expressly provided. All waivers must be in writing. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.

Disclaimer of warranty

Your use of the Sites are at your own risk. You understand and agree that the Sites are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, Overlander Sports makes no representations and disclaims all expressed and implied warranties, guarantees and conditions of any kind, including without limitation, representations, warranties or conditions regarding accuracy, currency, availability, timeliness, completeness, non-infringement, uninterrupted or error-free operation, security, legality, suitability, merchantability, fitness for any particular purpose, or those arising by law, statute, usage of trade, or course of dealing. Overlander Sports assumes no responsibility to the user or any third party for the consequences of any errors, omissions or faults in the Sites.

Overlander Sports will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your use of the Sites. You also agree that Overlander Sports has no responsibility or liability for the deletion of, or the failure to store or to transmit, any content or communications maintained by the Sites. No advice or information, whether oral or written, obtained from Overlander Sports or through the Sites will create any warranty not expressly made herein.

Term and termination

This Agreement will commence on the date you access any one of the Sites and continues until terminated in accordance with the provisions of this Agreement. You may cease using the Sites at any time. Overlander Sports may cease providing you access to the Sites at any time without notice. Overlander Sports may terminate this Agreement immediately, and at any time, if you violate your obligations under this Agreement. Upon the termination of this Agreement for any reason, (a) the license granted to Overlander Sports in respect of the Personal Information you have provided to Overlander Sports will survive for so long as Overlander Sports is required by law to retain such information; (b) Overlander Sports will no longer provide and you will no longer use the Sites; and (c) Overlander Sports will be entitled to retain and use your Personal Information in accordance with the terms of this Agreement, Overlander Sports' Privacy Policy, and applicable laws.

Governing law

This Agreement is governed by and will be construed in accordance with the laws of the Northwest Territories, and any federal laws of Canada that may be applicable in The Northwest Territories.  

Entire agreement

This Agreement constitutes the entire and only agreement between us and you, and supersedes any prior agreements, representations, warranties and understandings with respect to the Sites, the Content or services provided by the Sites, and the subject matter of this Agreement.

Enurement

All covenants, representations, warranties and agreements contained in the Agreement will be binding upon and will endure to the benefit of both Overlander Sports and you and any respective successors, permitted assigns, legal representatives, heirs and trustees.