Terms and Conditions

These Terms and conditions pertain to the Users/customers who buy Products from https://podadvantage.com or from any of the Resellers.

As used in this Agreement, “https://podadvantage.com”, “Pod Advantage”, ”we,” “us,” and “our” shall mean Pod Advantage and its subsidiaries and affiliates. By accessing or using our Products (the “Products”), you agree to be bound by these Terms and conditions and our Privacy Policy currently found at https://podadvantage.com/privacy-policy/  incorporated herein by reference. These Terms do not alter in any way the terms or conditions of any other agreement you may have with Pod Advantage for Products, or otherwise.

By using any of the Products and the website, you expressly agree to be bound by these terms and all applicable laws and regulations governing the website and the Products. The terms form a legally binding agreement between you and Pod Advantage in relation to your use of the Website and/or the Products and applies to all users/customers of the Products, whether registered or not, on the Website.

We may, at our sole discretion, modify or revise these Terms and conditions and policies at any time by giving notice on our Website and/or through the Products shipped to you, and you agree to be bound by such modifications or revisions. Although Pod Advantage may attempt to notify you, when major changes are made to these Terms and conditions, you should periodically click on our Terms and conditions to review any updates. All changes shall be effective immediately when we post them and shall apply to all access to and use of our Website thereafter. Nothing in these Terms and conditions shall be deemed to confer any third-party rights or benefits hereunder.

The Pod Advantage reserves the right to expel Users and prevent their further access to Pod Advantage for violating the Terms and conditions or applicable law, rule or regulation and the right to remove User Content which is in violation of the Terms and conditions, is abusive, illegal, or disruptive.

Website means https://podadvantage.com/.

Product a pod for home and office space.

Representative is, an entity and its Affiliate(s), its director, officer, employee, consultant, contractor, agent, and attorney associated with the Pod Advantage.

Pod Advantage Content means all Content that Pod Advantage makes available through the Website, Application, Products, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding User Content.

Products Or Services

We have made every effort to display as accurately as possible the colours and images of our Products that appear at the store. However, we cannot guarantee that your computer monitor’s display of any colour will be accurate.

We reserve the right but are not obligated to limit the sales of our Products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products or services that we offer. These restrictions may be applicable to orders placed by the same account and also to orders that use the same billing and/or shipping address. We shall try our best to provide notification to the customer should such limits be applied. Please note that certain orders constitute improper use of Pod Advantage and its services. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Pod Advantage also reserves the right, at its sole discretion, to prohibit sales to dealers or Resellers.

All descriptions of Products or Product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any Product at any time. Any offer for any Product or service made on this site is void where prohibited.

We do not warrant that the quality of any Products, services, information, or other material purchased or obtained by you will meet your expectations or that any errors in the service will be corrected.

Users acknowledge and agree that Pod Advantage does not guarantee the discount on the Products displayed on our website, furthermore, the discount rates (if any) may vary from Product to Product. Pod Advantage reserves the right to change the discounted rates on Products anytime without notification.

If you purchase the Product from the Reseller they may have certain terms and prices which are different from https://podadvantage.com. We encourage you to go through the terms and conditions of the Reseller. To make it abundantly clear if you purchase the Product from one of our Resellers you have the contract with respective Reseller and not with https://podadvantage.com.

Incorrect Information

In the event a Product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we shall have the right to refuse or cancel any orders placed for Product/service listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is cancelled, we shall immediately issue a credit to your credit or debit card account in the amount of the incorrect price

Accuracy of Account Information; Payment

You agree to provide current, complete and accurate purchase and account information for all purchases made on our website. You agree to promptly update your account and other information, including your e-mail address so that we can complete your transactions and contact you as needed.

If you pay by credit card or certain other payment instruments, the site provides you a link to our payment processing agent. You hereby authorize us or any payment agent hired by us to bill your credit card or other payment instrument. You represent and warrant that (i) any credit card information you supply is true, correct and complete, (ii) charges incurred by you will be honoured by your credit card company, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued, and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.

Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in Product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card (or another payment account) has been charged, we will issue a credit to your credit card (or another applicable payment account) in the amount of the charge.

We reserve the right to refuse the supply of any Product for any or no reason. In the event where you have already been charged for the Product, we will reimburse you within 30 days of our order refusal, with no extra fees, charges or compensation being due to you.

You shall be responsible for paying any governmental taxes imposed in connection with the purchase or any Products or services made available through the Sites, including sales, use, and excise taxes. To the extent that Pod Advantage is obligated to collect such taxes, the applicable tax will be added to your billing account.

Shipping; Delivery and Acceptance; and Cancellation

While purchasing a Product on our site, you will be asked to select the applicable shipping method and its corresponding fee. Product can be delivered to the your preferred logistics warehouse or local furniture installation company, construction company’s warehouse. All deliveries are carried out by third-party carriers, and we shall not be held liable for any liability arising from or in connection with their services, including, without limitation, loss or damages to the Product or delays in delivery. Furthermore, you acknowledge and agree that you shall not cancel the order if the delivery of the product gets delayed beyond 30 days.

Except as otherwise provided under applicable law, the risk of loss for a title to Products purchased on this site passes to the purchaser upon delivery to the carrier.

You may cancel or modify your order within 24 hours after its placement on our site with written consent from the authorized representative of Pod Advantage, provided that we haven’t already shipped the Product. In the event, you cancel or modify your order post 24 hours, or if we have already shipped the Product, you shall be s charged with 200USD/CAD per unit unless otherwise confirmed by us. All cancellation and modification requests post 24hrs period are subject to a 25% restocking fee. Refunds shall be processed only when all Units(s) have been returned and received. Certain more oversized products such as Space 6, Space XL, etc, are not eligible for return or refund after delivery and installation.

Installation

Installation is not included in the Pod price, you may use any Furniture Assembly Service available at your location, or arrange a product installation by Pod Advantage for additional fee. For more details regarding installation please click on the following link: https://podadvantage.com/shipping-and-install/.

If you choose Installation by Pod Advantage, following terms shall apply:

  • When you choose delivery and installation, a team of professional installers shall arrive on a pre-arranged date to unpack, assemble, and situate your new items based on the floorplan. The installation team shall remove all packaging, pallets, and trash.
  • Once Installation is selected, our team shall reach out to ask delivery-related questions. Responses to these questions are required before the Product can ship and an installation can be scheduled.
  • Before placing the order, please check your availability to receive the delivery of the product, building’s elevator dimensions and elevator availability, receiving hours, loading dock availability etc, as well as the sizes of individual boxes. Any unnecessary delays in acceptance of delivery or lack of sufficient handling requirements for larger crates at the location may result in additional charges.
  • Installation is subject to installer availability. Surcharges may apply if there are non-standard delivery requirements (e.g. stair carry, compressed delivery window, weekend or after-hours delivery).
  • Installation of electrical equipment covers the mounting of the electrical hardware for immediate use after final connections are made. All final electrical connections must be performed by a licensed electrician arranged for and scheduled directly by the customer.

Buyer shall ensure that the premises will be ready and accessible for delivery and that access will be sufficient to allow for off-loading, moving, and handling of Purchased Items. Ready and accessible means that the Buyer has obtained necessary approvals from its landlord, managing agent, and/or other parties in control of deliveries at the premises. If Pod Advantage incurs material overtime costs due to the building not being ready and/or accessible, Buyer agrees to pay for the additional labour. Any loss or damage following the delivery is the Buyer’s responsibility.

Returns

No Returns shall be accepted unless delivered Product was damaged. If there is a defect in manufacturing, we will replace Product(s) under our Warranty Policy. Please check our Warranty Policy supplied to you with the Product.

Damages + Defects

Please inspect shipments for any visible carton damage and note that on the paperwork when signing for the delivery. Once assembled, inspect the Product for any damage. If the Product arrives damaged, contact us within 10 days to arrange an exchange at no cost to you. After the lapse of 10 days, you shall only be able to replace the defective parts of the Product, as per your applicable Warranty Policy.

IMPORTANT NOTE: Installation by Pod Advantage includes the removal of packaging, so make sure to keep the packaging for items which you may want to return.

Product Liability Disclaimer

Use limitation

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell, any information, Products or services obtained, from Pod Advantage’s Website.

Risk Activity

Before using the Product please make sure that its installed properly. Lack of proper installation may be hazardous for which Pod Advantage shall not be responsible or liable. Risks include but are not limited to serious physical injury, disability and/or death. You use the Product at your own risk.

Assumption of Risk

By buying, using, or allowing the use of Product, you understand and agree that the usage of the Product is a high risk activity and, to the extent permitted by law, YOU EXPRESSLY AND VOLUNTARILY ASSUME THE RISK OF DEATH OR OTHER PERSONAL INJURY SUSTAINED WHILE USING THE PRODUCT IN SUCH ACTIVITIES WHETHER OR NOT CAUSED BY THE NEGLIGENCE OR OTHER FAULT OF Pod Advantage including but not limited to equipment malfunction from whatever cause, or any other fault of Pod Advantage. Additionally, you agree to indemnify, defend, and hold Pod Advantage harmless from any third party claims arising from such High Risk Activities or any other activities.

Inspect Before First Use

The Product must be inspected before use to ensure that it has not been damaged in shipment. If damaged, do not use and immediately return the Product to Pod Advantage for a replacement.

Obligations Of Users

By creating an account, you agree to: (i) provide current, accurate and complete information; and (ii) maintain the security of your password, not share your password with any other person, and accept all risks of unauthorized access to your account.

You agree to release Pod Advantage, its, parents, partners, contractors and affiliates together with their respective employees, agents, officers, directors and shareholders, from any and all liability and obligations whatsoever in connection with, or arising from, your use of our Products. If at any time you are not happy with the Products, your sole remedy is to cease using them.

Use of The Website and Product

Except as otherwise agreed upon, we hereby grant users/customers a limited, nonexclusive, non-sub-licensable license to access, and use the Website/Product and is conditioned with the compliance with these Terms. You will not use, copy, adapt, modify, decompile, reverse engineer, prepare derivative works based upon, distribute, license, sell, rent, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Website/Product, except as expressly permitted by Pod Advantage or as permitted under applicable law. Any unauthorized use of the Website/Product is strictly prohibited and will terminate the license granted in these Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you. However, we may allow our authorised Resellers to display Products, provide discerption and sell Products.

Pod Advantage will not be liable on account of any inaccuracy of information on this Website or on Reseller’s website. It is the responsibility of the visitor to further research the information about the Product.

Third Party Links and Services.

The Website may contain links to other third-party Websites such as payment gateways (“Third Party Websites”). If you link to Third Party Website, you may be subjected to those Third-Party Websites terms and conditions and other policies. Pod Advantage makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such Third-Party Website, and your linking to any other Website is completely at your own risk and Pod Advantage disclaims all liability thereto.

Ownership and Intellectual Property

The Product and all content forming part of the Product, including without limitation, all photographs of Products, ideas, images, designs, information, text, graphics, brand names, logos and trademarks, are protected by copyright, trade mark and other intellectual property laws of the Canada. 

You acknowledge and agree that Pod Advantage owns, controls or is licensed all legal right, title and interest in and related to the Product, including all intellectual property rights. You may not:

  • modify or copy the idea of trade, layout or appearance of the
    Product; and/or
  • decompile or disassemble, reverse engineer the Product.

Electronic Communications

When you send an e-mail or chat electronically with Pod Advantage, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail, phone calls or SMS text messages. You agree that all agreements, notices, disclosures and other communications that Pod Advantage provides to you electronically satisfy legal requirements that such communications be in writing.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general/recommendation purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk and responsibility. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor on the Website, or by anyone who may be informed of any of its contents.

Pod Advantage does not control, and is not responsible for e-mails sent from outside Pod Advantage’s domain or other means of electronic communication; especially from our Resellers, you may be exposed to Content that is, inaccurate, misleading, or otherwise objectionable.

Limitation of Liability

In no event shall Pod Advantage liability exceed the value of the Product(s) sold. In no event shall Pod Advantage be liable for any direct, indirect, punitive, incidental, special or consequential damages whatsoever arising out of or connected with the use or misuse of any of its Products.

POD ADVANTAGE SHALL NOT BE LIABLE IN THE EVENT OF USER/CUSTOMER HURTS HIMSELF WHILE USING THE PRODUCT. THE USE OF PRODUCTS CAN BE DANGEROUS IF THE PRODUCT IS NOT EXAMINED CAREFULLY BEFORE ITS USE. IT IS THE EXCLUSIVE RESPONSIBILITY OF THE USER TO ENSURE THAT THE SILICONE GRIPS ARE IN PROPER CONDITION, I.E. NEITHER LOOSE NOT BURNT OR DAMAGED IN ANY FORM, FOR THE ADEQUATE GRIP ON THE SKEWER. TO MAKE IT ABUNDANTLY CLEAR IT IS STATED HERE WITH EMPHASIS THAT POD ADVANTAGE SHALL NOT BE LIABLE FOR ANY BODILY INJURY OR DEATH CAUSED BY THE USAGE OF THE PRODUCT. 

POD ADVANTAGE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, SHALL NOT BE LIABLE TO YOU FOR ANY  DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR PRODUCTS, (III) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND (INCLUDING LOSS OR DAMAGE TO CONTENT), IN EACH CASE WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT POD ADVANTAGE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT POD ADVANTAGE SHALL NOT BE LIABLE FOR THE CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IN SUCH JURISDICTIONS. THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU, IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW, THEREBY MINIMIZING OUR LIABILITY TO YOU TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW. THE PRODUCTS ARE CONTROLLED AND OFFERED BY POD ADVANTAGE FROM ITS FACILITIES IN CANADA. POD ADVANTAGE MAKES NO REPRESENTATIONS THAT THE PRODUCTS ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE PRODUCTS FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH POD ADVANTAGE IS TO STOP USING THE POD ADVANTAGE PRODUCTS, AND TO CANCEL ANY AND ALL OF YOUR POD ADVANTAGE ACCOUNTS, IF APPLICABLE.

Disclaimer of Warranties

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY PRODUCTS OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY PRODUCTS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE POD ADVANTAGE NOR ANY PERSON ASSOCIATED WITH THE POD ADVANTAGE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WE SHALL NOT BE LIABLE TO YOU FOR ANY LOSS SUFFERED IN RELATION TO YOUR USE OR INABILITY TO USE THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE POD ADVANTAGE NOR ANYONE ASSOCIATED WITH THE POD ADVANTAGE REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY PRODUCTS OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY PRODUCTS OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

WE MAKE EVERY EFFORT TO VERIFY STATEMENTS AND INFORMATION SUBMITTED BY THE THIRD PARTIES AND OUR USER/CUSTOMER, THE INFORMATION COMPILED BY US IS BASED ON INFORMATION SUPPLIED BY VARIOUS INDIVIDUALS AND BUSINESSES, IT DOES NOT REPRESENT THE VIEWS OF POD ADVANTAGE. AND POD ADVANTAGE CANNOT BE HELD RESPONSIBLE FOR ANY OMISSIONS OR INACCURATE CLAIMS THAT MAY WEBSITE.

THE POD ADVANTAGE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Entire Agreement/ Severability

These Terms and Conditions incorporate our Privacy Policy which together constitutes the entire agreement between You and Pod Advantage, in relation to Your use of the Website and/or the Products and supersedes any prior representations, inducements or agreements relating to its subject matter. You agree that these Terms and conditions are not intended to confer and do not confer any rights or remedies upon any third party. If any part of these Terms and conditions are held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. These Terms and conditions, including all terms and policies referenced herein, contain the entire understanding, and supersede all prior agreements, between you and Pod Advantage relating to this subject matter, and cannot be changed or terminated orally.

Assignment

You may not assign these Terms or any of the rights granted hereunder without the prior written consent of Pod Advantage, and any attempted assignment without such consent shall be void. Subject to the foregoing restriction, these Terms will be fully binding upon, inure to the benefit of, and be enforceable by us and our respective successors and assigns.

Non-waiver

Failure by either Pod Advantage or You to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other right on any later occasion.

Indemnification

You agree to defend, indemnify and hold harmless Pod Advantage and its respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers from and against any and all liabilities, claims and expenses, including attorneys’ fees, that arise from a breach of these Terms and conditions for which you are responsible or in connection with your transmission of any content to, on or through our Website. Without limiting your indemnification obligations described herein, we reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Force Majeure

Pod Advantage shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control; including, without limitation, any failure to perform hereunder due to unforeseen circumstances or causes beyond its control such as acts of God, pandemics, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

Governing Law And Arbitration

The Parties hereby agree that all actions brought in respect of this Agreement, or any Products delivered pursuant to this Agreement, shall be brought before a Competent Court of British Columbia, and the parties hereby acknowledge the exclusive jurisdiction of the Competent Courts of British Columbia. Therefore, you agree that: Product shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than British Columbia. This Agreement shall be governed by the internal substantive laws of Canada, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of a competent court located in, Canada, for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, (registered) design, patents, or other intellectual property or proprietary rights.

Arbitration Procedures:

Overview. Arbitration is an alternative to litigation where a neutral person (the arbitrator) hears and decides the parties’ dispute. Arbitration proceedings are designed to provide parties with a fair hearing in a manner that is faster and less formal than court proceedings. The following procedures (the “Arbitration Procedures”) are applicable to all arbitration proceedings involving you and Pod Advantage.

Pre-Arbitration Dispute Resolution.  Before you commence an arbitration, we suggest that you contact us to explain your complaint, as we may be able to resolve it without the need for arbitration.

Discovery. Each party may (a) request relevant, non-privileged documents from the other party; and (b) request that the other party provide the particulars of its claims or defences. Any such discovery requests must be served on the other party within 10 days after the arbitrator’s appointment. The responding party shall provide the requesting party with all responsive, non-privileged documents, the requested particulars, and/or any objections to the requests within 15 days after receipt of the requests. Any disputes about discovery or requests for extensions shall be submitted promptly to the arbitrator for prompt resolution. In ruling on any discovery dispute or extension request, the arbitrator shall take into consideration the nature, amount, and scope of the underlying arbitration claim, the cost and other effort what would be involved in providing the requested discovery, the case schedule, and whether the requested discovery is necessary for the adequate preparation of a claim or defense.

Communications with the Arbitrator. Whenever communicating with the arbitrator, the parties must include each other – for example, by including the other party on a telephone conference call and copying the other party on any written submissions, such as letters or emails. To the extent practicable, conferences with the arbitrator will take place by telephone conference call or email. Ex parte communications are not permitted with any arbitrator.

Confidentiality. Upon either party’s request, the arbitrator will issue an order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted filing of confidential information must be done under seal.

Contact Us

If you have any questions or concerns regarding these Terms or our Products, please contact us through the support portal at info@podadvantage.com.

pod.advantage

info@podadvantage.com

Welcome to POD ADVANTAGE. These terms and conditions outline the rules and regulations for the use of POD ADVANTAGE Website.

By accessing this website we assume you accept these terms and conditions in full. Do not continue to use the POD ADVANTAGE website if you do not accept all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our  Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration or any other means, for the express purpose of meeting the Client’s needs in respect of the provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of Canada. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Cookies

We employ the use of cookies. By using the POD ADVANTAGE website you consent to the use of cookies in accordance with the POD ADVANTAGE privacy policy.

Most of modern-day interactive websites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate/advertising partners may also use cookies.

License

Unless otherwise stated, POD ADVANTAGE and/or its licensors own the intellectual property rights for all material on POD ADVANTAGE. All intellectual property rights are reserved. You may view and/or print pages from https://podadvantage.com/ for your own personal use subject to restrictions set in these terms and conditions.

You must not:

  1. Republish material from https://podadvantage.com/
  2. Sell, rent or sub-license material from https://podadvantage.com/
  3. Reproduce, duplicate or copy material from https://podadvantage.com/

Redistribute content from POD ADVANTAGE (unless content is specifically made for redistribution).

Hyperlink to Our Content

  1. The following organizations may link to our Web site without prior written approval:
    1. Government agencies;
    2. Search engines;
    3. News organizations;
    4. Online directory distributors when they list us in the directory may link to our Web site in the same manner as they hyperlink to the Web sites of other listed businesses; and
    5. Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
  1. These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
  2. We may consider and approve in our sole discretion other link requests from the following types of organizations:
    1. commonly-known consumer and/or business information sources such as Chambers of Commerce, American Automobile Association, AARP and Consumers Union;
    2. dot.com community sites;
    3. associations or other groups representing charities, including charity giving sites,
    4. online directory distributors;
    5. internet portals;
    6. accounting, law and consulting firms whose primary clients are businesses; and
    7. educational institutions and trade associations.

We will approve link requests from these organizations if we determine that: (a) the link would not reflect unfavourably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link); (b)the organization does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of POD ADVANTAGE and (d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.

These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If you are among the organizations listed in paragraph 2 above and are interested in linking to our website, you must notify us by sending an e-mail to info@podadvantage.com. Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.

Approved organizations may hyperlink to our Web site as follows:

  1. By use of our corporate name; or
  2. By use of the uniform resource locator (Web address) being linked to; or
  3. By use of any other description of our Web site or material being linked to that makes sense within the context and format of content on the linking party’s site.

No use of the POD ADVANTAGE logo or other artwork will be allowed for linking absent a trademark license agreement.

Iframes

Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.

Reservation of Rights

We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.

Removal of links from our website

If you find any link on our Web site or any linked website objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.

Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.

Content Liability

We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libellous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:

  1. limit or exclude our or your liability for death or personal injury resulting from negligence;
  2. limit or exclude our or your liability for fraud or fraudulent misrepresentation;
  3. limit any of our or your liabilities in any way that is not permitted under applicable law; or
  4. exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

Shipping and Install policy

Agreeing to POD ADVANTAGE TERMS & CONDITIONS at the checkout on the POD ADVANTAGE SHOP page you (customer) confirm you have read and agreed with our Shipping and Install policy and you are familiar with all instructions POD ADVANTAGE provides before the purchase.

Contact Information

If you have any questions about Terms and Conditions, please contact us via email.

pod.advantage

info@podadvantage.com

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