By using this website, you are agreeing to the terms and conditions set forth in these Terms of Use
and otherwise contained in this website. If you do not agree to them, please do not use this website.
Thank you for visiting our internet web site www.nttsbreakdowncanada.com, each referred
to in these Terms of Use as 'the Site'). These 'Terms of Use' provide the terms and
conditions under which you view and use the Site, and by viewing or using the site you
acknowledge having read and understood and you agree to abide by, these Terms of Use.
Throughout these Terms of Use, the terms "NTTS Breakdown Canada," "we," "our" and "us"
refer to NTTS Breakdown Canada, the owner of the Site, while "you" and "your" refer to
you as the Site visitor/User. The headings in these Terms of Use are provided for convenience
only, and are not to be considered in the interpretation of this document.
At any time when you visit the Site, you will be subject to the Terms of Use then posted on the Site. You are, therefore,
responsible for checking the Terms of Use each time you visit the Site. Please read these Terms regularly.
These Terms of Use do not limit or reduce the effect of the specific terms of any other agreement or documentation
which you enter (electronically or otherwise) in relation to the use of the Site or any product or service available on the Site.
2. Changes to the Agreement:
We may amend this agreement at any time by e-mail or in writing and unless otherwise stated,
all amendments will be effective immediately. This agreement may not be otherwise amended
except in writing signed by both parties. Your use of NTTS Breakdown Canada's services
after each amendment shall constitute your acceptance of any such amendment to this or future agreements.
If you do not agree to any of such changes, you may terminate your business relationship with
NTTS Breakdown Canada.
3. Term of the agreement:
The term of this agreement begins upon the acceptance of your application for
NTTS Breakdown Canada's services, and ends when terminated by either party.
Either you or NTTS Breakdown Canada may terminate this agreement at any time,
for any reason or no reason, by giving or not giving the other party written notice
of termination. In the event this agreement is terminated, you agree that all outstanding amounts
will be paid as per NTTS Breakdown Canada's credit terms.
4. Suspension of services:
We may from time to time without notice suspend our services or deny your access to our services during the following situations:
During any technical failure, modification or maintenance involved in our established
infrastructure provided that we will use reasonable endeavors to procure the resumption of
our services as soon as reasonably practicable.
If you fail to comply with any provision in this agreement including failing to pay charges due.
If you do, or allow to be done, anything which in our opinion may have the effect
of jeopardizing the operation of our services, until the breach (if capable of remedy) is remedied.
Notwithstanding any suspension of our services under this clause you shall remain liable for all charges due.
If your account has been suspended or terminated, reactivation of your account will be
completely at our discretion. If we agree to reactivate your account, we will require payment in full of all outstanding amounts.
5. Customer warranties:
You warrant that:
If you are not the customer, you have the power and authority to enter into this
agreement on behalf of the customer and will indemnify NTTS Breakdown Canada for any
breach of this agreement by the customer.
At the time of entering into this agreement you are not relying on any representation
made by us which has not been stated expressly in this agreement, or on any descriptions or
specifications contained in any other document.
Your use of and your participation in NTTS Breakdown Canada's services is provided on an "as is" and "as available"
basis. NTTS Breakdown Canada expressly disclaims all warranties of any kind, whether express
or implied, including, but not limited to, the implied warranties of merchantability, fitness for
a particular purpose and non-infringement with respect to its services.
If your account has been suspended or terminated, reactivation of your account will be
completely at our discretion. If we agree to reactivate your account, we will require payment in full of all outstanding amounts.
6. Our responsibilities:
NTTS Breakdown Canada agrees to provide our services
to you in accordance with these terms and conditions and any special conditions agreed upon
between the two parties in writing. In carrying out its services, NTTS Breakdown Canada
undertakes to the customer that it shall use its reasonable endeavors to undertake its services in accordance
with good systematic practices and within a reasonable time frame and at all times exercising reasonable
skill and care. NTTS Breakdown Canada will be solely responsible for processing every service call
placed by a customer, for dispatching the appropriate service mechanic and for tracking the service call from start to finish.
7. Customer responsibilities:
As an NTTS Breakdown Canada customer, you agree to the following responsibilities:
You will keep secure any account numbers, user names and passwords given to you by NTTS Breakdown Canada.
You agree to make sure everyone in your company is aware of this agreement and its terms and conditions.
You agree to pay for the services we provide for you no matter who uses them at your company if
your account number, user name and password are given at time of service call.
You agree to make sure all information you give us is correct and complete.
You agree that once your company has called NTTS Breakdown Canada to provide
a service call, your company will be responsible for any charges incurred by
NTTS Breakdown Canada, including the
NTTS Breakdown Canada service call fee, even if you
cancel the service call before any work is completed.
8. Acknowledgements:
You understand that the operation of NTTS Breakdown Canada
and its service mechanics may not be uninterrupted or error free and may at times make errors and omissions.
You agree that NTTS Breakdown Canada will not be liable for any interruptions or errors in its service.
You also acknowledge that NTTS Breakdown Canada does not warrant or make any representations regarding
the use or the results of the use of its services, in terms of its correctness, accuracy, timeliness, reliability or otherwise.
9. Relationships of the parties:
You and NTTS Breakdown Canada are independent companies,
and nothing in this agreement creates any partnership, joint venture, agency, franchise,
sales representative or employment relationship between you and NTTS Breakdown Canada.
You understand that you do not have authority to make or accept any offers or make any representations on behalf
of NTTS Breakdown Canada. Nothing in this agreement shall
be construed to grant you any right, interest in or license to the services offered by
NTTS Breakdown Canada.
10. User names and passwords:
Upon approval of your application, NTTS Breakdown Canada
will issue you an account number, user name and password which will enable you to request our services.
This account number, user name and password must be given to our customer service representative every
time you request our services. You are responsible for maintaining the confidentiality of your account number,
user name and password and are fully responsible for all activities, charges and/or liabilities that occur under
your account number, user name and password whether or not authorized by you. You will immediately notify
NTTS Breakdown Canada of any unauthorized use of your account number,
user name and password or any other breach of security.
11. Publicity:
You may not create, publish nor distribute any items that reference NTTS Breakdown Canada
without first submitting those items to NTTS Breakdown Canada
and receiving written consent.
12. Warranty on services provided:
Services provided by NTTS Breakdown Canada's mobile mechanics & service vans.
NTTS Breakdown Canada does not offer any warranty on
repair services provided by its own mobile truck mechanics. However, NTTS Breakdown Canada
will make every effort possible to help you with any warranty issue but will in no way be
responsible for any costs incurred by your company due to a warranty dispute.
Services coordinated by NTTS Breakdown Canada
and provided by its vendors. Warranty on services provided will be limited to the individual
service provider's warranty policy which will be extended to your company directly.
NTTS Breakdown Canada will provide your company with all
the relevant information pertaining to the individual service call. It will be your company's sole responsibility
to contact the service provider involved to resolve the warranty issue.
NTTS Breakdown Canada will make every effort possible
to help you with any warranty issue but will in no way be responsible for any costs incurred by your
company due to a warranty dispute.
13. Publicity:
You agree to release, indemnify, defend and hold harmless NTTS Breakdown Canada
, its subsidiaries, affiliates, officers, directors, employees, agents and advisors, from and against
any and all losses, liabilities, claims (including claims brought in bad faith or without legal merit),
demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions
and liens, including reasonable attorneys' fees and costs (whether brought by third parties or otherwise)(collectively, "claims")
due to or arising out of your use of our services. NTTS Breakdown Canada
reserves the right, at its own expense, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you hereunder, and in such event, you shall have no further
obligation to provide indemnification for such matter.
14. Limitation of liability:
You acknowledge and agree that NTTS Breakdown Canada will not be liable,
under any circumstances, for any indirect, special, incidental, or consequential
damages of any kind (including lost profits) regardless of the form of action whether in contract,
tort (including negligence), or otherwise, even if NTTS Breakdown Canada
has been advised of the possibility of such damages. In no event shall NTTS Breakdown Canada's
maximum aggregate liability exceed the total amount paid by you for the services.
15. Entire Agreement Severability:
Unless otherwise specified in these Terms of Use, this agreement constitutes the entire agreement between you and
NTTS Breakdown Canada
with respect to the Site and supersedes all prior or communications and agreements
(whether oral, written, or electronic) between you and NTTS Breakdown Canada
with respect to the Site. If any part of these Terms of Use is held invalid or unenforceable,
the remainder of these Terms of Use will remain in full force and effect.
16. Uncontrollable circumstances:
NTTS Breakdown Canada's performance under this agreement
shall be excused to the extent that its performance is hindered delayed or made commercially impractical
by causes beyond its reasonable control.
17. Service call cancellation charges:
You acknowledge that if you have submitted a service call and NTTS Breakdown Canada
begins its dispatch process, you will be charged cancellation fees if you cancel your service call.
18. Applicable laws:
Both parties hereby agree that this agreement shall be interpreted and governed by the laws of Ontario and the applicable
laws of Canada herein, without regard to its conflict of law provisions.
Furthermore, both parties hereby elect to submit to the exclusive jurisdiction of the courts of the
province of Ontario in respect of any action or proceeding arising out of or related to this agreement
without prejudice however to the rights of NTTS Breakdown Canada
to obtain any protective proceedings such as an injunction from any competent court having jurisdiction.
19. Dispute resolution:
NTTS Breakdown Canada and the customer shall in good faith attempt
to negotiate a settlement to any dispute between them arising out of or in connection with this agreement.
If any such dispute cannot be resolved in good faith, the dispute may, by agreement between
NTTS Breakdown Canada and the customer, be referred to mediation.
All Claims, and any dispute or controversy between you and NTTS Breakdown Canada,
whether arising out of or relating to the use of the site, the goods or services provided by or through the site
or NTTS Breakdown Canada, or any acts or omissions for which you may
contend NTTS Breakdown Canada is liable, including but not limited to
any claim or controversy as to arbitrability, (collectively "Disputes") will be finally and exclusively settled by
arbitration under the Ontario Arbitration Act, as amended or replaced, such arbitration occurring in Mississauga,
Ontario and conducted under the ADR Institute of Canada, Inc. "National Arbitration Rules," as amended or replaced,
such arbitration to occur in Mississauga, Ontario and be conducted and decided by a single neutral arbitrator,
chosen by the parties mutually or, if the parties cannot agree upon a mediator within 21 days following either party
notifying the other of its intent to arbitrate, each party will appoint an arbitrator of its choice and such
arbitrators will, between them, choose a single arbitrator who shall then conduct the arbitration as described herein.
The decision of the arbitrator, or of a majority of the arbitrators if more than one is appointed, will be final and binding.
Each party will bear its own costs plus one-half of the arbitration costs, including without limitation arbitrator's fees
and arbitration site rental fees, on an ongoing basis, but the prevailing party will be entitled to recover all of its costs
reasonably incurred in relation to the arbitration and of any related judicial proceeding, including reasonable legal counsel fees.
Despite the paragraph above, the arbitrator of any Dispute will not have the power to award damages that exceed
the lesser of actual compensatory damages or the limits indicated in these Terms of Use or any other specific
terms contained in any secondary or other agreement between NTTS Breakdown Canada and you.
