Terms & Conditions

Quick Links

Who we are and how to contact us

Terms and Conditions of Sale

Payments

Subscriptions

Cancellation and Returns Policy

Shipping policy

Website Terms and Conditions of Use

Miscellaneous

FISHER & PAYKEL APPLIANCES CANADA INC.
ONLINE TERMS AND CONDITIONS

Effective from August 2025.

THESE TERMS AND CONDITIONS OF SALE AND WEBSITE TERMS AND CONDITIONS OF USE (“Terms and Conditions”) ARE ENTERED INTO BY AND BETWEEN YOU AND FISHER & PAYKEL APPLIANCES CANADA INC. (“Company”, “we”, “us”, “our”). THIS PAGE CONTAINS VERY IMPORTANT INFORMATION ABOUT US AND REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MAY APPLY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY MAY AFFECT YOUR LEGAL RIGHTS.

YOU MAY NOT USE THIS WEBSITE OR ORDER OR OBTAIN PRODUCTS AND/OR SERVICES FROM THIS WEBSITE OR THE SMARTHQ™ APPLICATION IF YOU (A) DO NOT AGREE TO THESE TERMS AND CONDITIONS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH US, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE, THE SMARTHQ™ APPLICATION, OR ANY OF THEIR CONTENTS, PRODUCTS OR SERVICES BY APPLICABLE LAW.

THESE TERMS AND CONDITIONS GOVERN YOUR ACCESS AND USE OF OUR WEBSITE (INCLUDING FUNCTIONALITY, CONTENT, AND SERVICES OFFERED ON OR THROUGH OUR WEBSITE), WHETHER AS A GUEST OR REGISTERED USER, AND APPLIES TO THE PURCHASE AND SALE OF PRODUCTS AND SERVICES THROUGH THIS WEBSITE AND THE SMARTHQ™ APPLICATION. BY USING OUR WEBSITE, OR ORDERING PRODUCTS OR SERVICES THROUGH THE WEBSITE OR SMARTHQ™ APPLICATION, YOU WILL BE DEEMED TO HAVE ACCEPTED THESE TERMS AND CONDITIONS. IF YOU DO NOT WANT TO AGREE TO THESE TERMS AND CONDITIONS, YOU MUST NOT USE OR ACCESS OUR WEBSITE, YOU MUST NOT ORDER ANY PRODUCTS OR SERVICES THROUGH OUR WEBSITE OR THE SMARTHQ™ APPLICATION, AND YOU MUST IMMEDIATELY DISCONTINUE ANY AND ALL USE OF ANY SERVICES PROVIDED BY US TO YOU.

WHO WE ARE AND HOW TO CONTACT US

We operate the website /ca/ (the "Website"). We are Fisher & Paykel Appliances Canada Inc., a company registered in British Columbia, Canada, under entity number BC0819322 and registered in Ontario under entity number OCN 1763748 and with our registered office and main trading address at 3755 Laird Rd Unit 10, Mississauga, Ontario, Canada L5L 0B3.

Fisher & Paykel’s connected appliances connect with the SmartHQ™ Application (“Application”). Your use of the Application is subject to the SmartHQ™ Terms and Conditions. Please take time to read the SmartHQ™ Terms and Conditions. All personal information collected through the Application is subject to, and only used in accordance with, the SmartHQ™ Privacy Policy. Please take the time to read the SmartHQ™ Privacy Policy as it includes important terms which apply to you. Purchases in Canada through the Application is with Fisher & Paykel Appliances Canada Inc., and Haier U.S. Appliance Solutions, Inc. D/B/A Ge Appliances (“GEA”) is not a party to any transaction and has no liability for the supply under any such purchase or transaction. To the extent there is any inconsistency between these terms and the Terms of Use and End User Licence Agreement in respect of a purchase, these terms shall apply.

If you would like to contact us for any reason, including because you have any complaints, please phone 1-888-936-7872 or by email at canada.customercare@fisherpaykel.com, for services in French email us at french.canadacustomercare@fisherpaykel.com.

If we have to contact you we will do so by phone, email or prepaid post to the address you provide to us. If we have to give you notice in writing, we will do so by email or pre-paid post as above. All personal information we collect is subject to, and only used in accordance with, our Privacy Policy. Please take the time to read our Privacy Policy as it includes important terms which apply to you. By using our services pursuant to these Terms and Conditions you agree to the collection, use, disclosure and sharing of data as described in our Privacy Policy.

TERMS AND CONDITIONS OF SALE

1. ORDERING PRODUCTS AND/OR SERVICES

Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

When you place an order for a product and/or service on our Website or through the Application (including subscriptions), you are offering to purchase that product and/or service from us. When you place an order for a product subscription on our Website or through the Application, you are offering to purchase that product from us at regular intervals until you cancel.

After you place an order, you will receive an email from us acknowledging that we have received your order and notifying you if we have accepted your order (“Order Confirmation”). Acceptance of your order and formation of the contract of sale between us will not take place unless and until you have received the Order Confirmation. At any time after receipt of your order, we may accept, decline, or place quantity or other limits on your order for any reason and at our sole discretion.

You will be taken to have placed your order when the electronic instruction containing the order from you enters and is recorded in our database and we receive payment in full from you for that order. We use reasonable efforts to fulfil orders but cannot guarantee availability of any particular product or service and sometimes an item may not be available. In that case we may cancel your order or contact you for follow-up information. We reserve the right to discontinue selling any product or service at any time without notice.

We reserve the right to not accept any order from you (including any subscription) including, without limitation, where stock is not available, there has been an error in the advertised price or product/service description or if we believe (in our reasonable opinion) that the applicable order has been placed for commercial purposes, fraudulently or otherwise in breach of these Terms and Conditions. If we reject, limit, or otherwise modify your order (including any subscription), we will attempt to notify you using the e-mail address you provide to us.

We reserve the right not to accept any order (including any subscription) notwithstanding that we had charged you for the order. In the event that payment has been made and your order is not accepted by us and/or cancelled, we will refund the purchase price to you in full, subject to our Cancellation and Returns Policy set out below.

We only supply products and services for purchase through our website and the Application for domestic and private use. You agree not to use the products or services for any commercial, business or resale purposes.

We will not be liable or responsible for delay in performing, or failure to perform, any of our obligations under these Terms and Conditions or any accepted order (including any subscription) if such delay or failure results from events, circumstances or causes beyond our reasonable control. In such circumstances our obligations will be suspended and we shall be entitled to a reasonable extension of the time for performing such obligations.

2. PRICE AND PAYMENT

Payment must be received by us in full prior to our acceptance of each order. Order processing is contingent upon card approval and may be delayed should we experience difficulties in obtaining authorization.

You own the products once we have received payment in full, including all applicable delivery charges and we have delivered the products to you.

The prices of the products and services will be as quoted on our Website at the time you submit your order. All prices posted on this Website are subject to change without notice.

Unless expressly stated otherwise, the price for a product and/or service advertised on our Website and the Application:

  1. Does not include installation, any accessories, replacement parts, extended warranties or delivery or handling charges;
  2. Is in Canadian Dollars; and
  3. Is exclusive of sales tax.

We currently accept the following cards:

  1. VISA credit;
  2. American Express;
  3. MasterCard credit;
  4. Discover credit;

We may offer other payment alternatives from time to time in our discretion. Each time you submit credit or debit card or other payment information on this Website or through the Application, you represent that:

  1. You are authorized to use the credit or debit card or other payment account;
  2. The information you supply to us is true, correct and complete;
  3. Charges incurred by you will be honored by your credit or debit card company or other payment system provider; and
  4. You will pay charges incurred by you at the current advertised prices, including all applicable taxes, if any.

If an order appears fraudulent in any way, we reserve the right to cancel the order and notify the card holder and the proper authorities.

3. REPLACEMENT PARTS AND INSTALLATION

The most up to date edition of the applicable Product Use & Care Manual, which is incorporated into these Terms and Conditions in full by reference, should be consulted prior to, and strictly followed in the course of, installation of any product. View and download any of our Use & Care Manuals from our Website.

If notified by us (such as, in the applicable product Use & Care Manual) installation of replacement parts must be undertaken by an authorized Fisher & Paykel or other appropriately qualified or registered technician. To locate an authorized Fisher & Paykel technician call 1-888-936-7872 or obtain further information here. We do not accept any liability whatsoever for any loss, costs or damage caused by using replacement parts which are not genuine replacement parts and/or replacement parts not being installed by an authorized Fisher & Paykel technician (where we have advised that an authorized Fisher & Paykel technician is required) or other appropriately qualified or registered technician.

SUBSCRIPTIONS

You may order certain products on a subscription basis if this is an option on the product page. This means your order will recur in accordance with your selected delivery timeframe. The subscription benefits as set out on the product pages form part of these Terms and Conditions.

We may change any term or condition relating to a subscription, including the subscription benefits and the discount amounts, on notice to you. We will notify you of any changes in price or description of products ordered under a subscription or any change in the subscription benefits at least 30 days prior to the changes taking effect. If you do not agree to the changes, you can cancel your subscription (without charge) by contacting us prior to the changes taking effect.

In order to maintain a subscription with us, you must register for an account and must promptly update that information (including credit card numbers and expiration dates and delivery addresses) as required so that the information remains true, current and complete.

The total subscription amount (including delivery) for a single order is set out on the order confirmation page and you will be billed in accordance with your delivery timeframe and section 2 of these Terms and Conditions. We will send you a reminder email prior to payment being deducted. If your payment fails, we will retry payment multiple times and if unsuccessful, your subscription will be cancelled.

You can cancel or amend your subscription within your account portal at any time before the date of your next payment. If you choose to cancel your subscription before this point, it will cancel any future orders related to that subscription, and you will not be charged. If you do not wish to continue receiving products under a subscription, it is your responsibility to contact us, to let us know.

All communications relating to your subscription must be done via the contact us page on the Website. All returns will be subject to the Returns Policy.

CANCELLATION AND RETURNS POLICY

A. RIGHT TO CANCEL

You have the right to cancel this contract within 48 hours from the date you place your order with us without giving any reason in accordance with the policy set out below.

Products that are opened, used, damaged or do not have a receipt may be denied a refund. Returned products will not be accepted unless they are in brand new/original condition with all packaging, product literature and warranty cards in the exact condition as received. Returned products must be sealed/unopened, with packaging in original condition and accompanied by a valid receipt. We consider a product to be “unsealed” where any transparent film, plastic wrapper, security sticker or other seal has been broken or removed from the product or its packaging. As such, if you have purchased products but you have unsealed the products after delivery, you can no longer cancel the order for such products, and you will not be entitled to a refund for such products. However, if you have purchased those products on a subscription basis, you may cancel your subscription for future deliveries at any time before the date of your next payment. Please see our Subscriptions terms above for more information.

To exercise the right to cancel, you must inform us of your decision to cancel by:

  1. Phone: 1-888-936-7872;
  2. Email: for services in English canada.customercare@fisherpaykel.com , for services in French french.canadacustomercare@fisherpaykel.com ; or
  3. Cancelling or amending your subscription in your account portal.

If you are emailing us or writing to us, please inform us of your decision to cancel this contract by a clear statement and include details of your order to help us identify it. We will provide you with further instructions on how to return your product.

Please check your order carefully to ensure you have ordered the correct product or service. You may not be entitled to a refund if you select the incorrect product or service.

B. EFFECTS OF CANCELLATION

If you cancel this contract within the timeframes stipulated herein, in the event that payment has been made, we will refund the purchase price of the products and/or services that are being cancelled, unless specified otherwise in these Terms and Conditions. Where we have delivered the Product, shipping and delivery costs will not be refunded for a change of mind return.

We will make the reimbursement without undue delay.

We will make the reimbursement using the same means of payment as you used for the initial transaction. We may withhold reimbursement until we have received the products back.

Any products that you wish to return (other than appliances) must be sent back or hand delivered to us at Fisher & Paykel Appliances Canada Inc., 10-3755 Laird Road, Mississauga, Ontario, L5L 0B3, Canada without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of this contract to us. The deadline is met if you send back the products before the period of 14 days has expired. You will have to bear the direct cost and risk of returning the item. We recommend you use a carrier that can provide you with proof of delivery for your protection.

We will collect large item returns such as appliances (e.g. dishwashers or refrigerators) from the address to which they were delivered. We will contact you to arrange a suitable time for collection. We will bear the cost of returning such appliances.

PRODUCTS DAMAGED IN TRANSIT

If any products are damaged in transit, you must contact us on phone 1-888-936-7872 or email: for service in English canada.customercare@fisherpaykel.com, for services in French email french.canadacustomercare@fisherpaykel.com within 24 hours of delivery. Once the damage has been verified your return will be processed. The product must be returned in original unused condition, complete with its original packaging, product literature, etc.

If you have any queries, problems or concerns about a product or Service, please contact us on phone 1-888-936-7872 or email: for service in English canada.customercare@fisherpaykel.com, for services in French french.canadacustomercare@fisherpaykel.com.

SHIPPING POLICY

SHIPPING

We will arrange for shipment or delivery of the products to you at any address throughout all Provinces in Canada except for the Territories. We cannot deliver to a Post Office Box or APO/FPO addresses. If you order large or bulky items, you must provide a delivery address where someone will be available to sign for the receipt of your products.

Delivery time and price may vary depending on your location, the product that you have purchased, available shipping options, and shipping options selected by you.

If you order large or bulky items, our partnering courier, will handle the delivery. Please be aware that certain factors may affect the successful receipt of your order, such as restricted access, limited parking, or delivery location constraints. If our partnering courier is unable to complete the delivery to your specified address, they may attempt redelivery or hold the package at a designated pickup location. Our partnering courier may have additional terms and conditions for delivery.

It is the customer's responsibility to ensure accessibility for the delivery. If an item needs to be returned or exchanged due to size constraints or access limitations, additional shipping and restocking fees may apply. Customers should carefully consider the dimensions of their space before placing an order. Without limiting the generality of the foregoing, you should check for the proper plumbing and water lines for products like washing machines, dishwashers or ice and water refrigerators and ensure there are nearby electrical outlets that fit your new appliance plug.

Delivery will be made to the Canadian address specified in your order. If your order requires a signature and no one is available at the time of delivery, our partnering courier will leave a notice with further instructions for rescheduling or pickup. In cases where signature is required, the package may be left at your address at the courier’s discretion.

Once an order has been delivered to the provided address, all risk, including loss or damage, transfers to the recipient. Fisher & Paykel is not responsible for any delays or failed deliveries due to unforeseen circumstances beyond our control, such as extreme weather conditions, road closures, or other external disruptions. If such a delay occurs, we will notify you with an updated estimated delivery date.

By placing an order, you agree that our partnering courier’s delivery confirmation serves as proof of receipt, even if a signature is not obtained. If you have any concerns regarding your shipment, please contact our customer support team phone 1-888-936-7872
Email English: canada.customercare@fisherpaykel.com
Email French: french.canadacustomercare@fisherpaykel.com for assistance.

ADDITIONAL SERVICES

The charges (if any) for additional services are clearly outlined throughout the order process and will be displayed on the checkout page before you complete your purchase.

Online website transactions do not include installation services for spare parts. If you require assistance with replacing a part, we recommend having the installation performed by a qualified technician. To locate a qualified Fisher & Paykel technician, please contact our Customer Care Department at 1-888-936-7872. Our team will arrange a service appointment with one of our qualified technicians or direct you to an authorized service center nearest to you.

WEBSITE TERMS AND CONDITIONS

1. Limitation on Use

This Website may only be used in accordance with these Terms and Conditions (which may change from time to time), and for non-commercial purposes only.

We may stop the operation of the Website in full or in part at any time. We may change, suspend or end any service, or change and modify prices prospectively at our discretion. The Website or any related software on the Website is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law.

You may use our Website only for lawful purposes and by using the Website, you agree that you will abide by all applicable federal, provincial and municipal law, rules and regulations, or the orders of any federal, provincial or municipal government. You may not use our Website:

  • In any way that breaches any applicable local, provincial, federal or international law or regulation.
  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  • For the purpose of harming or attempting to harm minors in any way.

You also agree:

  • Not to reproduce, duplicate, copy or re-sell any part of our Website;
  • Not to access without authority, interfere with, damage or disrupt:
    • any part of our Website;
    • any equipment or network on which our Website is stored;
    • any software used in the provision of our Website; or
    • any equipment or network or software owned or used by any third party.

We do not guarantee that our website, any content on it or any service it provides will always be available or uninterrupted. We may suspend, withdraw or restrict the availability of all or any part of our website for business or operational reasons.

2. Suspension and termination

We will determine, in our discretion, whether there has been a breach of these Website Terms and Conditions through your use of our Website. When a breach of these Website Terms and Conditions has occurred, we may take such action as we deem appropriate.

Failure to comply with these Website Terms and Conditions constitutes a material breach, and may result in our taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use our Website;
  • Immediate, temporary or permanent removal of any posting or material uploaded by you to our Website;
  • Issue of a warning to you;
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
  • Further legal action against you; or
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

The responses described above are not limited, and we may take any other action we reasonably deem appropriate.

3. Limitation of Liability; Disclaimers

Our Website tells you about Fisher & Paykel, our business and products and services.

WHILE WE ENDEAVOUR TO PROVIDE ACCURATE AND UP TO DATE INFORMATION, ERRORS AND OMISSIONS MAY OCCUR. TO THE EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND DO NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE WEBSITE, OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES ON THE WEBSITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED. THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND HEREUNDER, EXPRESS, IMPLIED, OR STATUTORY AS TO THE OPERATION OF THE WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. WITHOUT LIMITATION, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL GUARANTEES AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUS (OR ANY SIMILAR THREATS) AND/OR AVAILABILITY. WE DO NOT WARRANT THAT THE WEBSITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, OR OUR SERVERS OR ELECTRONIC COMMUNICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MAXIMUM AGGREGATE LIABILITY OF THE COMPANY ARISING OUT OF OR RELATED TO THE WEBSITE AND THESE TERMS AND CONDITIONS OR THE PRODUCTS OR SERVICES SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO THE COMPANY FOR THE PRODUCTS OR THE SERVICES, OR $100.00, WHICHEVER IS GREATER. ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE ON BEHALF OF THE AFFILIATED ENTITIES (DEFINED BELOW).

IF YOU ARE USING OUR WEBSITE OR ANY OF OUR PRODUCTS AND/OR SERVICES FOR PERSONAL OR DOMESTIC USE, NOTHING IN THESE TERMS AND CONDITIONS IS INTENDED TO EXCLUDE ANY RIGHTS THAT YOU MAY HAVE UNDER ANY RELEVANT LAW.

The negation of damages set forth above are fundamental elements of the basis of the bargain between you and us. This Website and the information would not be provided without such limitations. No advice or information, whether oral or written, obtained by you from us through the Website shall create any warranty, representation or guarantee not expressly stated in this agreement.

All disclaimers of any kind, including in this section and elsewhere in these Terms and Conditions, are made on behalf of the Company, its affiliates, their respective shareholders, directors, officers, employees, agents, representatives, and each of their licensors, suppliers, and service providers (the “Affiliated Entities”).

4. Changes to Website

We may update our Website from time to time, including without limitation, updating our prices and the products and services that are offered on our Website.

5. Intellectual Property

All intellectual property rights in this Website, and all derivative works based thereon, are owned by Fisher & Paykel or our licensors.

No part of this Website, including but not limited to, the trademarks, logos, names and product listings, may be copied, extracted or otherwise reproduced, in any form whatsoever, without the express written consent of Fisher & Paykel (and/or, if applicable, the licensor). You do not acquire ownership rights to any content, document or other materials viewed through the Website. The posting of information or materials on the Website does not constitute a waiver of any right in such information and materials.

6. Links

This Website may contain hyperlinks to other websites. Those links are included for convenience only and we do not endorse the content of those third party websites. You understand that we do not operate or control the products or services offered by third party websites. Your access to and/or use of those websites is at your own risk. We make no warranties or representations, express or implied, whether by statute, common law, custom, usage or otherwise, as to third party content including, without limitation, non-infringement of third party rights, title, integration, risks of program errors, corruption, viruses, hacking, intrusions, damage to equipment, loss of data, or unavailability or interruption of the Website or operations, however caused, accuracy, availability, satisfactory quality, and merchantability or fitness for any particular purpose.

7. Login Details and other Security Information

Depending on which aspects of our Website you use, we may provide personalized security information for the Website, including without limitation, any login and/or username to you from time to time. You must treat all such security information as strictly confidential, and not disclose it to anyone. Any such security information which is generated by us and supplied to you remains our property.

We are entitled to rely on the provision of your security information without further enquiry, as evidence of your identity, authority to use the relevant part of our Website and/or place orders. As a result, to the extent permitted by law, you accept responsibility for all activities that occur under your security information.

You agree to notify us immediately if you have any reason to believe that your security information has become known to anyone else, or if your security information is being, or is likely to be used in an unauthorized manner. Such notice will not release you from your obligations in relation to your security information.

8. Indemnification

BY USING OUR WEBSITE AND SERVICES, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD FISHER & PAYKEL, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE WEBSITE, OUR PRODUCTS OR SERVICES, OR ANY ACTION TAKEN BY US AS PART OF OUR INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF OUR FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM FISHER & PAYKEL, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO ITS WEBSITE, PRODUCTS OR SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF FISHER & PAYKEL’S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.

Miscellaneous

1. Goods Not for Resale or Export

You agree to comply will all applicable laws and regulations of the various provinces and of Canada. You represent and warrant that you are using any services from this Website for your own personal, family, or household use only, and not for resale or export.

2. No Waivers, Severability and Entire Agreement

Failure by us to enforce any right or provision of these Terms and Conditions will not constitute a waiver of future enforcement of that right or provision.

If any provision of these Terms and Conditions is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and Conditions respectively and will not affect the validity or enforceability of the remaining provisions.

These Terms and Conditions and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained within these Terms and Conditions.

3. Amendment and Assignment

We amend these Terms and Conditions from time to time without prior notice, in our sole discretion. Please look at the top of this page to see when these Terms and Conditions were changed. You will be subject to the latest version of the Terms and Conditions in force at the time that you use our Website.

We may transfer our rights and obligations under any order accepted by us to another organization, but this will not affect your rights or our obligations under these Terms and Conditions.

4. Governing Law

These Terms and Conditions are governed by the laws of the Province of Ontario, and the federal laws of Canada applicable therein without regard to its principles of conflicts of law and regardless of your location. This means any dispute or claim arising out of or in connection with them will be governed by the laws of the Province of Ontario, Canada. You and we both agree that the Courts of Toronto, Ontario, Canada will have non-exclusive jurisdiction, subject to the terms set forth herein below.