TERMS OF SALE FOR THE MOTOVAN.COM WEBSITE

Availability

The illustrations of the products displayed on the Website are for information purposes only, and products may slightly differ from their illustrations, particularly with regard to their colours, proportions and dimensions. We encourage you to always read the full product description before making a purchase. Furthermore, the products displayed on the Website are subject to availability. Although Motovan uses reasonable means to update the Website as frequently as possible based on stock on hand, the Website’s updating may be delayed and, as a result, a product may not be available, even if displayed as such on the Website. If the desired product is not available, Motovan reserves the right not to accept your order as described below in thesection entitled “Refusal or cancellation of an order.” Motovan is not liable for any stock out or any damage that may result from a stock out or a delay in delivery.

Method of payment/billing

Payment by major credit card is the only form of payment accepted for making online purchases on the Website.

Refusal or cancellation of an order

Motovan also reserves the right not to process or accept, at its sole discretionand at any time, an order in certain cases, including, but not limited to, casesin which the desired product is out of stock, a pricing error exists or importantinformation about a product is missing or inaccurate on the Website. If we do not process an order or refuse an order pursuant to the above, we will notify you, and you will not be billed or, if you have already been billed, we will provide you with a refund.

Website Terms And Conditions

The materials on Motovan Website (the “Site”), which may include text, images, audio clips, video clips, software and other materials (the “Content”), are provided by Motovan for informational purposes only. By accessing the Site or downloading any Content, you agree to be bound by the terms and conditions set out below (“Terms and Conditions”). If you do not agree to these terms and conditions, do not access the Site or download any Content.

General Disclaimers

Motovan intends for the Content on the Site to be accurate and reliable, however, since the Content has been compiled by Motovan from a variety of sources, it is provided to you “as is” and “as available”. Motovan assumes no responsibility to you our any third party for any errors or omissions of any kind in the content, and disclaims all warranties and/or conditions, expressed or implied, as to the content and to any matter relating to the site, including, but not limited to, implied warranties and/or conditions of non infringement, merchantability and fitness for a particular purpose.

Links available on the Site will allow you to link to Websites not maintained or controlled by Motovan, including sites of Motovan related companies. Motovan provides these links for your convenience, and is not responsible for the contents of any linked site. Motovan uses reasonable efforts to ensure the accuracy of its Content on the Site, but cannot and does not warrant the accuracy, completeness, non-infringement, merchantability or fitness for a particular purpose of any information available through these links, and makes no representation or endorsement whatsoever about any other Website which you may access through the Site. It is your responsibility to ensure that any Website you choose to use is free of potentially destructive items such as viruses.

In no event will Motovan be liable for any damages whatsoever, including special, indirect, incidental or consequential damages, arising out of or in connection with the use or performance of this site or the content available or referred to on this site, or any other site you may access through this site, even if advised of the possibility of such damages.

Use of the Site

You may not post, upload, publish, reproduce, transmit or otherwise distribute information or other material on this Site:

Copyright

All Content published on or otherwise accessible through this Site is protected by copyright. The Content, and the copyright in the Content, are owned or controlled by Motovan or its content suppliers. You may only use or reproduce the information in the Content for your own personal, non-commercial or educational use. The Content may not be otherwise used, reproduced, broadcast, published or retransmitted without the prior written permission of the copyright holder. You must abide by all copyright notices, information and restrictions contained in any Content on or accessed through the Site, and maintain such notices in the Content.

Trademarks

The Motovan logo, is a trademark of Motovan, which may be registered in Canada and other countries.

Other Motovan product or service names or logos referenced in the Site are trademarks or registered trademarks of Motovan.

All other products, services and company names mentioned in the Site may be trademarks of their respective owners. The ZOX logo and trademark is the property of 4295862 Canada Inc. and are used under licence by Motovan Corporation.

You may not use any trademark displayed on the Site without the written permission of Motovan or the relevant owner of the trademark, or registered trademarks of Motovan. All other products, services and company names mentioned in the Site may be trademarks of their respective owners.

Privacy and Confidential Information:

Motovan’s Privacy and Security Policy, is a binding part of these Terms and Conditions.

Indemnity

You agree to defend, indemnify and hold Motovan and its related companies harmless from any and all liabilities, costs and expenses, including reasonable attorneys’ fees, related to any violation of these Terms and Conditions by you or users of your account, or in connection with the use of this Site or the placement or transmission of any information or other materials on this Site by you or users of your account.

Territory

The Motovan site originates in Canada. Motovan ‘s products and services are offered in Motovan ‘s operating territory.

Changes

Motovan reserves the right to change or remove any Content from the Site, in whole or in part, at its sole discretion, at any time, without notice.

Miscellaneous

These Terms and Conditions, including the Motovan Privacy and Security Policy, is a binding part of these Terms and Conditions. and other documents referenced herein, constitute the entire agreement between Motovan Corporation and you with respect to your use of this Site. Motovan ‘s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. If any of the Terms and Conditions is determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions hereof. This Agreement shall be governed by and construed in accordance with the laws of the province of Quebec and the federal laws of Canada applicable therein.