Terms of Service

I. Overview

Introduction

Welcome to the Ariba Safety website. These Terms of Service ("ToS") govern the use of our website, located at https://www.Ariba Safety.com/, and any other services provided by Ariba Safety (collectively, "Ariba Safety", "we", "us", or "our"). By accessing or using our website and services, users ("you", "your") agree to comply with and be bound by these ToS.

Purpose of the ToS

The purpose of these ToS is to establish a legally binding agreement between Ariba Safety and its users. These terms outline the rules and guidelines governing the use of our website and services, define the rights and obligations of the parties involved, and provide legal protection for both Ariba Safety and its users. These ToS ensure that all interactions and transactions conducted on our platform are transparent, fair, and legally compliant.

Scope of Services Provided by Ariba Safety

Ariba Safety operates as an eCommerce industrial products distributor based in Ontario, Canada. Our company, legally known as Ariba Safety, provides a wide range of industrial products and tools through our online platform. Our services encompass, but are not limited to, the sale of industrial products, comprehensive customer support, efficient order processing, and reliable delivery services. These ToS apply to all users of the website, including without limitation users who are browsers, vendors, customers, merchants, and contributors of content.

Importance of User Agreement to These Terms

Access to and use of any part of the Ariba Safety website or services is contingent upon your acceptance of these ToS. If you do not agree with any part of these ToS, you must not access the website or utilize any of our services. Continued use of the website or services following the posting of changes to these ToS will constitute acceptance of those changes by the user.

Acceptance of Terms

The use of the Ariba Safety website and services is expressly conditioned upon the acceptance of all terms, conditions, policies, and notices stated herein. By visiting our site and/or purchasing products from us, you engage in our "Service" and agree to be bound by these ToS, including any additional terms, conditions, and policies referenced herein and/or available by hyperlink. These ToS are applicable to all users of the site, encompassing without limitation browsers, vendors, customers, merchants, and contributors of content.

Updates to the Terms of Service

Ariba Safety reserves the right to amend, modify, or replace any part of these ToS at its sole discretion by posting updates and/or changes to our website. It is the user's responsibility to periodically review this page for any changes. Continued use of or access to the website following the posting of any changes signifies acceptance of those changes. Significant changes to these ToS may be communicated via email or through prominent notices on our website.

Hosting Platform

Our e-commerce store is hosted on Shopify Inc., which provides us with the online platform necessary to sell our products and services to you. By using our website and services, you agree to be bound by Shopify's terms and conditions, which are incorporated herein by reference. Shopify’s platform ensures secure and efficient transaction processing, enhancing the overall shopping experience.

Legal Compliance

These ToS shall be governed by and construed in accordance with the laws of Ontario, Canada. By using our website and services, you agree to submit to the exclusive jurisdiction of the courts located in Ontario for the resolution of any disputes arising from these ToS or your use of our services.

Customer Service and Contact Information

Ariba Safety is committed to ensuring clarity and understanding of these ToS and to providing a positive experience for all users. For any questions, concerns, or assistance, please contact our Customer Service team:

Email: CSR@AribaSafety.com
Mailing Address: Ariba Safety, 667 Welham Rd #5A, Barrie, ON L4N 0B7

Our Customer Service team is dedicated to addressing any inquiries, concerns, or issues related to the use of our website and services. We strive to respond to all communications promptly and effectively to ensure user satisfaction and compliance with these ToS.

II. Definitions

Key Terms

To ensure clarity and a common understanding of the terms used throughout these Terms of Service ("ToS"), the following definitions apply:

User: Any individual or entity that accesses, browses, or uses the Ariba Safety website or services, including but not limited to browsers, vendors, customers, and contributors of content.
Service: The collective reference to all functionalities, features, tools, and services provided by Ariba Safety through its website, including the sale of products, customer support, order processing, and delivery.
Website: The Ariba Safety online platform located at https://www.Ariba Safety.com/, including all subdomains, mobile applications, and related services.
Account: The user-specific interface created upon registration on the Ariba Safety website, through which users can manage their personal information, order history, and preferences.
Products: The industrial goods and tools offered for sale by Ariba Safety through its website, including but not limited to abrasives, cutting tools, hand tools, and related industrial supplies.
Content: All text, graphics, images, music, software, audio, video, information, or other materials available on the Ariba Safety website, including user-generated content, product descriptions, and reviews.
Ariba Safety: Refers collectively to Ariba Safety, its affiliates, subsidiaries, officers, directors, employees, agents, and contractors.
Third-Party Tools: External applications, software, or services that Ariba Safety may provide access to or integrate with, over which we have no control or input.
Comments and Feedback: Any ideas, suggestions, proposals, plans, or other materials submitted by users, whether solicited or unsolicited, in relation to their experience with Ariba Safety and its services.
Terms of Service (ToS): This document, which constitutes a legally binding agreement between Ariba Safety and its users, governing the use of the website and services.

Additional Definitions

Browser: A user who visits the Ariba Safety website without making a purchase or creating an account.
Vendor: An individual or business entity that offers goods or services for sale on or through the Ariba Safety website.
Customer: An individual or business entity that purchases goods or services from Ariba Safety.
Contributor of Content: Any user who uploads, posts, or submits content to the Ariba Safety website, including product reviews, comments, and feedback.
Hyperlink: A reference or navigation element on the Ariba Safety website that links to another section of the site or to an external website.
Personal Information: Information that identifies or can be used to identify an individual, including but not limited to names, addresses, email addresses, phone numbers, and payment information.
Order Processing: The series of actions taken by Ariba Safety to fulfill a purchase request from a customer, including order confirmation, payment processing, packaging, shipping, and delivery.
Customer Support: Assistance provided by Ariba Safety to users regarding their use of the website and services, including help with orders, account management, and technical issues.
Delivery: The process of transporting and handing over purchased products to the customer at the specified address.
Business Days: The days of the week excluding weekends and public holidays, typically Monday through Friday, when Ariba Safety operates and processes orders.
User-Generated Content: Any content created and submitted by users to the Ariba Safety website, including but not limited to product reviews, ratings, comments, questions, and photos.
Intellectual Property: All trademarks, service marks, logos, trade names, patents, and copyrights owned or used by Ariba Safety in connection with its business and services.
Third-Party Links: Hyperlinks on the Ariba Safety website that direct users to websites or services operated by entities other than Ariba Safety.
Security Measures: The technical and organizational measures implemented by Ariba Safety to protect user information and ensure the secure operation of the website and services.
License: The limited, non-exclusive, non-transferable right granted to users to access and use the Ariba Safety website and services in accordance with these ToS.
Terms of Sale: Specific terms and conditions governing the purchase of products from Ariba Safety, including payment terms, shipping policies, and return procedures.
User Responsibilities: The obligations and duties that users agree to comply with when using the Ariba Safety website and services, including adherence to these ToS and all applicable laws and regulations.
Confidential Information: Any non-public information disclosed by Ariba Safety to users, including proprietary business information, trade secrets, and sensitive financial data.

Interpretation of Terms

Singular and Plural: Words importing the singular include the plural and vice versa, unless the context otherwise requires.
Headings: The headings in these ToS are for convenience only and do not affect the interpretation of any provision.
Incorporation by Reference: Certain documents, policies, or terms referenced herein are incorporated by reference and are deemed part of these ToS. This includes the Privacy Policy, Return Policy, and any other policies or terms accessible via hyperlink.
Governing Language: In the event of a conflict between versions of these ToS in different languages, the English language version shall prevail.
Inclusive References: The terms “including,” “such as,” and similar terms are to be construed as meaning “including, but not limited to,” ensuring that examples provided do not limit the generality of the related subject matter.
Severability: If any provision of these ToS is found to be unlawful, void, or unenforceable, such provision shall be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these ToS, without affecting the validity and enforceability of any remaining provisions.
Waiver: No waiver of any term or condition set forth in these ToS shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Ariba Safety to assert a right or provision under these ToS shall not constitute a waiver of such right or provision.
Entire Agreement: These ToS, together with any policies or operating rules posted by Ariba Safety on the website, constitute the entire agreement and understanding between you and Ariba Safety, governing your use of the website and services, and supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and Ariba Safety.
Notices: Any notices or other communications provided by Ariba Safety under these ToS, including those regarding modifications to these ToS, will be given by posting to the website or via email to the address associated with your account.
Force Majeure: Ariba Safety shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

III. User Responsibilities and Conduct

Account Creation

Accurate and Complete Information: Users must provide accurate, current, and complete information during the registration process and maintain and promptly update their account information to ensure it remains accurate, current, and complete. Failure to do so constitutes a breach of these ToS, which may result in immediate termination of your account.
Username and Password Security: Users are responsible for maintaining the confidentiality of their username and password. You agree to notify Ariba Safety immediately of any unauthorized use of your account or any other breach of security. Ariba Safety will not be liable for any loss or damage arising from your failure to comply with this obligation.
User Eligibility Criteria: By creating an account, you represent and warrant that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

User Conduct

Acceptable Behavior: Users must use the website and services in a manner that is lawful, respectful, and considerate of the rights of other users and third parties. This includes not engaging in any behavior that is harmful, abusive, harassing, defamatory, obscene, fraudulent, or otherwise objectionable.
Prohibited Activities: Users agree not to engage in any of the following activities:

Using the website or services for any unlawful purpose or to solicit others to perform or participate in any unlawful acts.
Violating any international, federal, provincial, or state regulations, rules, laws, or local ordinances.
Infringing upon or violating our intellectual property rights or the intellectual property rights of others.
Harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
Submitting false or misleading information.
Uploading or transmitting viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or any related website, other websites, or the Internet.
Collecting or tracking the personal information of others without consent.
Spamming, phishing, pharming, pretexting, spidering, crawling, or scraping.
Interfering with or circumventing the security features of the Service or any related website, other websites, or the Internet.

Respectful Interaction: Users must interact respectfully with other users and Ariba Safety representatives. Any form of abusive or disrespectful behavior towards other users or Ariba Safety employees will not be tolerated and may result in the termination of your account.
Compliance with Copyright and Intellectual Property Laws: Users must comply with all applicable copyright and intellectual property laws. You may not upload, post, or transmit any content that infringes or violates the intellectual property rights of any third party.

Content Responsibility

User Responsibility for Comments and Reviews: Users are solely responsible for the comments and reviews they post on the Ariba Safety website. You represent and warrant that you own or have the necessary rights and permissions to use and authorize Ariba Safety to use all intellectual property rights in and to any comments or reviews you submit.
Compliance with Intellectual Property and Privacy Rights: Users must ensure that their comments and reviews do not violate the intellectual property rights, privacy rights, or any other rights of third parties. Any content deemed to violate such rights will be removed, and users responsible for such content may face account suspension or termination.
Prohibition of Harmful or Destructive Code: Users must not upload, post, or transmit any worms, viruses, or any code of a destructive nature. Any such action will result in immediate termination of the user's account and may result in legal action.
Monitoring and Removal of Content: Ariba Safety reserves the right, but has no obligation, to monitor, edit, or remove comments and reviews that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these ToS.
Review Moderation: Comments and reviews posted by users are subject to review by Ariba Safety. We reserve the right to edit, refuse to post, or remove any content that does not comply with these ToS or our community standards.

Prohibited Uses

In addition to other prohibitions as set forth in these ToS, users are prohibited from using the site or its content for:

Unlawful Purposes: Any unlawful purpose or to solicit others to perform or participate in any unlawful acts.
Violation of Laws: To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances.
Infringement of Rights: To infringe upon or violate our intellectual property rights or the intellectual property rights of others.
Harmful Conduct: To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
Submission of False Information: To submit false or misleading information.
Transmission of Malicious Code: To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or any related website, other websites, or the Internet.
Collecting Personal Information: To collect or track the personal information of others without consent.
Spamming and Related Activities: To spam, phish, pharm, pretext, spider, crawl, or scrape.
Obscene or Immoral Purposes: For any obscene or immoral purpose.
Interference with Security Features: To interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

Ariba Safety reserves the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

IV. Privacy and Data Security

Privacy Policy Integration

Collection of Personal Data: Ariba Safety collects personal data from users to provide and improve our services. The types of personal data we collect include, but are not limited to, names, addresses, email addresses, phone numbers, and payment information. Detailed information on the data we collect and how it is used can be found in our Privacy Policy, which is incorporated by reference into these ToS.
Use of Personal Data: The personal data collected by Ariba Safety is used to facilitate the provision of services, including processing orders, delivering products, providing customer support, and sending updates or promotional materials. We may also use this data to enhance our website's functionality and user experience.
Storage and Protection of Personal Data: Ariba Safety implements robust security measures to protect user data from unauthorized access, alteration, disclosure, or destruction. These measures include encryption, secure servers, and access controls. For more detailed information, please refer to our Privacy Policy.
Compliance with Privacy Laws: Ariba Safety is committed to complying with all applicable privacy laws, including but not limited to the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA). Users have rights regarding their personal data, as detailed in our Privacy Policy.

Data Security Measures

Encryption Protocols: All personal and payment information transmitted between your browser and our website is protected using industry-standard encryption protocols such as Secure Sockets Layer (SSL) to ensure confidentiality and integrity.
Secure Payment Processing: Ariba Safety uses secure payment processing services to handle transactions. These third-party services are PCI-DSS compliant, ensuring the highest level of security for your payment information.
Protection Against Data Breaches: We employ advanced security measures, including firewalls, intrusion detection systems, and regular security audits, to protect against data breaches and unauthorized access to user data. In the event of a data breach, we will notify affected users in accordance with applicable laws and regulations.
User Responsibility for Account Security: Users are responsible for maintaining the confidentiality of their account credentials and for all activities that occur under their account. You agree to notify Ariba Safety immediately of any unauthorized use of your account or any other breach of security.

User Rights and Choices

Access and Correction: Users have the right to access their personal data held by Ariba Safety and to request corrections of any inaccuracies. Requests for access or correction should be directed to our Customer Service team.
Data Portability: Users have the right to request a copy of their personal data in a structured, commonly used, and machine-readable format, and to transmit that data to another data controller where technically feasible.
Deletion of Personal Data: Users have the right to request the deletion of their personal data under certain circumstances, such as when the data is no longer needed for the purposes for which it was collected. Requests for deletion should be directed to our Customer Service team.
Opt-Out of Marketing Communications: Users may opt-out of receiving promotional and marketing communications from Ariba Safety by following the unsubscribe instructions included in such communications or by contacting our Customer Service team.

Third-Party Data Sharing

Sharing with Service Providers: Ariba Safety may share personal data with third-party service providers who perform services on our behalf, such as payment processing, shipping, and data analytics. These service providers are contractually obligated to protect your data and use it only for the purposes for which it was shared.
Legal Requirements: Ariba Safety may disclose personal data if required to do so by law or in response to valid requests by public authorities (e.g., a court or government agency).
Business Transfers: In the event of a merger, acquisition, or sale of all or a portion of our assets, personal data held by Ariba Safety may be transferred to the acquiring entity. Users will be notified of such a transfer and any choices they may have regarding their personal data.

Cookies and Tracking Technologies

Use of Cookies: Ariba Safety uses cookies and similar tracking technologies to enhance user experience, analyze website performance, and provide personalized services. Detailed information about our use of cookies is available in our Cookie Policy.
Types of Cookies Used: We use various types of cookies, including essential cookies for website functionality, performance cookies to understand and improve website performance, and targeting cookies to deliver relevant advertisements to users.
User Control Over Cookies: Users can manage their cookie preferences through their browser settings. However, disabling certain cookies may affect the functionality and user experience of the website.

Data Retention

Retention Period: Ariba Safety retains personal data for as long as necessary to fulfill the purposes for which it was collected, including legal, accounting, or reporting requirements. The specific retention periods for different types of data are detailed in our Privacy Policy.
Secure Deletion: When personal data is no longer needed, Ariba Safety will securely delete or anonymize the data in accordance with our data retention policies.

Children's Privacy

Age Restrictions: The Ariba Safety website and services are not intended for use by individuals under the age of 13. We do not knowingly collect personal data from children under 13. If we become aware that we have inadvertently collected personal data from a child under 13, we will take steps to delete such information.
Parental Consent: If you are a parent or guardian and believe that your child under 13 has provided personal data to Ariba Safety, please contact us so that we can take appropriate action.

Contact Information for Privacy Concerns

Privacy Inquiries: For any questions, concerns, or requests regarding your personal data or our privacy practices, please contact our Data Protection Officer (DPO) or Customer Service team:

Email: CSR@AribaSafety.com
Mailing Address: Ariba Safety, 667 Welham Rd #5A, Barrie, ON L4N 0B7

We are committed to addressing any privacy-related concerns promptly and transparently.

V. Product and Service Terms

Product Descriptions

Accurate and Detailed Specifications: Ariba Safety strives to provide accurate and detailed descriptions of all products offered for sale. Each product listing includes specifications, dimensions, weight, materials, and other relevant information to help users make informed purchasing decisions. However, we do not warrant that product descriptions or other content on the website are accurate, complete, reliable, current, or error-free. If a product offered by Ariba Safety is not as described, your sole remedy is to return it in unused condition.
Usage Instructions and Potential Hazards: Product listings may include usage instructions, safety guidelines, and potential hazards associated with the use of the product. Users are responsible for reading and understanding this information before using the product. Ariba Safety is not liable for any damages or injuries resulting from the misuse of products purchased from our website.
Disclaimer on Color Accuracy of Product Images: Ariba Safety endeavors to display product images accurately. However, we cannot guarantee that your computer monitor's display of any color will be accurate. Variations in color may occur due to different monitor settings and lighting conditions during product photography.

Order Processing and Fulfillment

Order Confirmation: Upon placing an order, you will receive an order confirmation email summarizing the details of your purchase. This email serves as an acknowledgment of your order but does not signify acceptance of your order or constitute a binding contract.
Estimated Shipping Times: Estimated shipping times are provided for each product and vary depending on the destination and shipping method selected. While we strive to meet these estimates, actual delivery times may vary due to factors beyond our control.
Tracking Information and Delivery Procedures: Once your order has been shipped, you will receive a shipping confirmation email containing tracking information. Users can track the status of their shipment using the provided tracking number. Delivery is deemed complete when the products are delivered to the shipping address provided at the time of order.
Handling Backorders and Out-of-Stock Situations: In the event that a product is out of stock or backordered, Ariba Safety will notify you via email. You will have the option to wait for the product to become available, modify your order, or cancel the order for a full refund.

Pricing and Payment Terms

Pricing Policies: All prices listed on the Ariba Safety website are in Canadian dollars (CAD) and are subject to change without notice. Prices do not include applicable taxes, shipping, and handling fees, which will be calculated at checkout.
Applicable Taxes and Fees: Users are responsible for all applicable taxes, duties, and fees associated with their order. The total cost of your order, including taxes and fees, will be displayed at checkout before you complete your purchase.
Accepted Payment Methods: Ariba Safety accepts various payment methods, including major credit cards (Visa, MasterCard, American Express), PayPal, and other payment methods as indicated on the website. Payment is required at the time of order placement.
Handling of Pricing Errors: Despite our best efforts, pricing errors may occur on the website. In the event of a pricing error, Ariba Safety reserves the right to cancel any orders placed for products listed at the incorrect price. If your order is canceled, you will be notified via email and provided with the option to place a new order at the correct price or receive a full refund.

Availability and Stock

Product Availability Terms: Product availability is subject to change without notice. Ariba Safety reserves the right to limit the quantities of any products that we offer. We also reserve the right to discontinue any product at any time.
Right to Limit Quantities or Discontinue Products: Ariba Safety may, at its sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may apply to orders placed by the same account, the same credit card, and/or orders that use the same billing and/or shipping address. If such changes are made to your order, we will notify you via email or phone.

Quality and Performance Disclaimer

No Warranty on Product Meeting Specific Expectations: While Ariba Safety endeavors to provide high-quality products, we do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations. Any discrepancies should be addressed by following our return and refund procedures.
Error Correction in the Service: Ariba Safety does not warrant that the Service will be uninterrupted, timely, secure, or error-free. In the event of any errors or interruptions, we will make commercially reasonable efforts to correct them but cannot guarantee complete resolution.

Return, Refund, and Exchange Policies

Conditions for Product Returns: Ariba Safety offers returns on most products within a specified period, typically 30 days from the date of purchase, provided the products are unused, in their original packaging, and in resalable condition. Certain items, such as custom orders or clearance items, may not be eligible for return. Specific return conditions are outlined in our Return Policy.
Return Process and Restocking Fees: To initiate a return, users must contact our Customer Service team to obtain a Return Merchandise Authorization (RMA) number. Returns without an RMA number will not be accepted. A restocking fee may apply to certain returns, as detailed in our Return Policy.
Conditions for Refunds: Refunds will be issued to the original method of payment once the returned product is received and inspected. Users will be notified via email once their return has been processed. Refunds may take up to 10 business days to appear on your statement, depending on your financial institution.
Conditions and Process for Product Exchanges: Exchanges are handled similarly to returns. Users must contact our Customer Service team to initiate an exchange and obtain an RMA number. Exchanges will be processed once the original product is received and inspected. Any price difference will be charged or credited to the original method of payment.

VI. Return, Refund, and Exchange Policies

Return Policy

Eligibility for Returns: Most products purchased from Ariba Safety are eligible for return within 30 days from the date of purchase, provided that the products are unused, in their original packaging, and in resalable condition. Items that do not meet these criteria may not be eligible for return. Specific exclusions, such as custom orders or clearance items, will be outlined in our Return Policy.
Return Merchandise Authorization (RMA): To initiate a return, users must contact our Customer Service team to obtain a Return Merchandise Authorization (RMA) number. Returns sent without an RMA number will not be accepted. The RMA number must be clearly marked on the return shipment.
Return Shipping Costs: Users are responsible for the cost of return shipping unless the return is due to an error on the part of Ariba Safety or a defective product. We recommend using a trackable shipping method and purchasing shipping insurance, as Ariba Safety is not responsible for items lost or damaged during return transit.
Inspection and Processing of Returns: Once the returned product is received and inspected, Ariba Safety will notify the user via email of the approval or rejection of the return. Approved returns will be processed within 10 business days.
Restocking Fees: A restocking fee of up to 20% may apply to certain returns, particularly for high-value items or bulk orders. The applicable restocking fee will be detailed in our Return Policy and communicated to the user during the return authorization process.

Refund Policy

Conditions for Refunds: Refunds will be issued to the original method of payment once the returned product is received, inspected, and approved. Users will be notified via email when their refund has been processed. Refunds may take up to 10 business days to appear on your statement, depending on your financial institution.
Partial Refunds: In certain situations, only partial refunds may be granted, such as when an item is not returned in its original condition, is damaged, or has missing parts for reasons not due to our error.
Non-Refundable Items: Certain items may not be eligible for refunds, including but not limited to custom orders, clearance items, and gift cards. These exclusions will be specified in our Return Policy.
Processing Time for Refunds: Refunds are typically processed within 10 business days of receiving and approving the return. Users will receive an email notification confirming the refund. The time it takes for the refund to be credited to your account may vary depending on your financial institution.

Exchange Policy

Eligibility for Exchanges: Products eligible for return may also be exchanged, subject to availability. Users wishing to exchange an item must follow the same process as for returns, including obtaining an RMA number.
Exchange Process: Once the original product is received and inspected, Ariba Safety will process the exchange and ship the replacement product. If there is a difference in price between the exchanged items, the user will be charged or credited the difference.
Shipping Costs for Exchanges: Users are responsible for the cost of shipping the original item back to Ariba Safety for exchanges unless the exchange is due to an error on our part or a defective product. Ariba Safety will cover the cost of shipping the replacement product to the user.
Inspection and Approval of Exchanges: The original product must be returned in unused, resalable condition with all original packaging and accessories. Once inspected and approved, the replacement product will be shipped to the user. Users will receive an email notification with tracking information once the exchange has been processed.

Warranty and Support

Manufacturer Warranties: Many products sold by Ariba Safety come with a manufacturer's warranty. Warranty claims must be made directly with the manufacturer, and Ariba Safety will assist in facilitating this process where possible.
Ariba Safety Warranty: Ariba Safety does not offer any warranties, including limited warranties, beyond those provided by the manufacturer. Please refer to the manufacturer's warranty details, which can be found on the product listing or in accompanying documentation
Warranty Claims: To initiate a warranty claim, users must contact the Manufacturer with proof of purchase and a detailed description of the issue. Ariba Safety can work with the user and the manufacturer (if applicable) to resolve the warranty claim as efficiently as possible.

Customer Support

Availability of Customer Support: Ariba Safety is committed to providing exceptional customer support. Our Customer Service team is available to assist users with inquiries, returns, refunds, exchanges, and warranty claims. Contact details and hours of operation are provided on our website.
Response Times: Ariba Safety aims to respond to all customer inquiries within 2 business days. During peak periods, response times may be longer, but we will strive to address all inquiries as promptly as possible.
Support Channels: Users can contact our Customer Service team via email at CSR@AribaSafety.com, or through the contact form on our website. We also provide a comprehensive FAQ section on our website to assist with common questions and issues.

VII. Shipping and Delivery

Shipping Policies

Domestic and International Shipping Options: Ariba Safety offers a range of shipping options for both domestic and international orders. The choice of shipping method and carrier, along with the associated delivery times, will be provided at checkout. Please note that shipping costs are determined by the carriers and are beyond our control.
Shipping Costs: Shipping costs are calculated based on the weight, dimensions, destination of the shipment, and the selected shipping method. These costs are determined by the carriers and passed directly to the customer without any markup by Ariba Safety. The total shipping cost will be displayed at checkout before you complete your purchase.
Customs and Import Duties: For international shipments, Ariba Safety ensures that all necessary documentation is provided to facilitate customs clearance. However, customs and import duties, fees, or taxes may be applied by the destination country. These charges are not included in the product price or shipping cost and are the sole responsibility of the customer. Ariba Safety has no control over these charges and cannot predict what they may be. Any delays caused by customs clearance procedures are also beyond our control.
Handling Time: Orders are typically processed within 1-5 business days. Estimated lead times are posted on our product pages and may vary depending on the product. Some products are made to order and may be subject to longer lead times. Customers will be notified of any significant delays in processing their orders.
Freight Arrangements: Customers may contact Ariba Safety to request special freight arrangements. While we will consider such requests, we reserve the right to approve or deny them at our discretion. Requests should be made in advance and may be subject to additional terms and conditions.

Risk of Loss

Transfer of Risk: All purchases made on the Ariba Safety website are shipped pursuant to a shipment contract. This means that the risk of loss and title for such items pass to the customer upon delivery to the carrier. Ariba Safety is not responsible for items lost or damaged in transit once they have been handed over to the carrier.

Delivery Issues

Delayed Shipments: While Ariba Safety strives to meet the estimated delivery times, actual delivery times may vary due to factors beyond our control, such as carrier delays, customs processing, or weather conditions. Customers will be notified of any significant delays.
Lost Shipments: If an order is lost in transit, Ariba Safety will provide a replacement at no additional cost to the customer. Customers must contact our Customer Service team to report a lost shipment and initiate the replacement process.
Damaged Shipments: If a product arrives damaged, customers must contact our Customer Service team within 5 business days of receipt to report the damage and obtain an RMA number for the return. Ariba Safety will cover the cost of return shipping for damaged products and will provide a replacement or full refund upon receipt and inspection of the damaged item.
Incorrect Shipments: If a customer receives a product different from what was ordered, they must contact our Customer Service team within 5 business days of receipt to report the error and obtain an RMA number for the return. Ariba Safety will cover the cost of return shipping for incorrect products and will provide the correct product or a full refund upon receipt and inspection of the returned item.
Customer Responsibilities: Customers are responsible for providing accurate shipping information at the time of order placement. Ariba Safety is not responsible for orders that are undeliverable due to incorrect or incomplete shipping information provided by the customer. Customers may be responsible for additional shipping costs incurred for re-shipping orders that are returned due to incorrect shipping information.

Tracking Information and Notifications

Shipping Confirmation: Once an order has been shipped, customers will receive a shipping confirmation email containing tracking information. This email will include a tracking number and a link to track the shipment through the carrier's website.
Delivery Notifications: Customers will receive notifications regarding the status of their shipment, including when the order has been shipped, is out for delivery, and has been delivered. These notifications help customers stay informed about the progress of their shipment.
Tracking Issues: If customers encounter any issues with tracking their shipment, they should contact our Customer Service team for assistance. We will work with the carrier to resolve any tracking issues and provide updates to the customer.

Customs and Import Duties

International Shipments: For international orders, Ariba Safety ensures that all required documentation is provided to facilitate customs clearance. However, any customs and import duties, fees, or taxes applied by the destination country are the responsibility of the customer. Ariba Safety has no control over these charges and cannot predict their amount.
Customs Clearance: Ariba Safety is not responsible for delays caused by customs clearance procedures. Customers should be aware that customs clearance can cause delays beyond our original delivery estimates. It is the customer's responsibility to comply with any local regulations and provide any additional documentation required by their local customs authorities.
Required Documentation: Ariba Safety will provide the necessary documentation for international shipments to facilitate customs clearance. However, customers are responsible for ensuring compliance with their local regulations and providing any additional documentation required by their local customs authorities.

VIII. Intellectual Property

Ownership

Intellectual Property Rights: All content on the Ariba Safety website, including but not limited to text, graphics, logos, images, audio clips, video clips, digital downloads, data compilations, and software, is the property of Ariba Safety, Ariba Safety, or its content suppliers and is protected by Canadian and international copyright, trademark, patent, and other intellectual property laws.
Trademarks: The trademarks, service marks, and logos (collectively, the "Trademarks") used and displayed on the Ariba Safety website are registered and unregistered Trademarks of Ariba Safety, Ariba Safety, and others. This includes but is not limited to "Ariba Safety", "Ariba Safety", and "Ariba Safety". Nothing on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the website, without the prior written permission of the Trademark owner.
Proprietary Rights: The compilation of all content on this site is the exclusive property of Ariba Safety, Ariba Safety, and is protected by Canadian and international copyright laws. All software used on this site is the property of Ariba Safety, Ariba Safety, or its software suppliers and is protected by Canadian and international copyright laws.
Copyrights: All materials, including without limitation, the design, structure, selection, coordination, expression, and arrangement of such materials, are owned, controlled, or licensed by Ariba Safety or Ariba Safety and are protected by trade dress, copyright, patent, and trademark laws, and various other intellectual property rights and unfair competition laws.
No Waiver of Rights: Nothing contained on the Ariba Safety website shall be construed as conferring any license or right under any copyright or other intellectual property rights. Any unauthorized use of the content or services provided on the website may violate intellectual property laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

License to Use

Limited License: Ariba Safety grants you a limited, non-exclusive, non-transferable, revocable license to access and make personal use of the Ariba Safety website. This license does not include any resale or commercial use of the website or its contents; any collection and use of product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
Restrictions: This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Ariba Safety. You may not frame or utilize framing techniques to enclose any Trademark, logo, or other proprietary information (including images, text, page layout, or form) of Ariba Safety, Ariba Safety, or Ariba Safety without express written consent. You may not use any meta tags or any other "hidden text" utilizing Ariba Safety’s name or Trademarks without the express written consent of Ariba Safety. Any unauthorized use terminates the permission or license granted by Ariba Safety.
User-Generated Content License: By submitting, posting, or displaying any comments, reviews, or other content on the Ariba Safety website, you grant Ariba Safety a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media. You also grant Ariba Safety the right to use the name that you submit in connection with such content, if we choose.
No Right to Use Intellectual Property: Except as expressly provided in these ToS, no part of the website and no content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way to any other computer, server, website, or other medium for publication or distribution or for any commercial enterprise, without Ariba Safety’s express prior written consent.

User Content

Responsibility for User Content: Users are solely responsible for any content they submit, post, or display on the Ariba Safety website, including comments and reviews. You represent and warrant that you own or have sufficient rights to the content you provide and that the content does not infringe the intellectual property rights, privacy rights, or any other rights of any third party.
Prohibited Content: Users may not submit any content that is unlawful, defamatory, libelous, obscene, pornographic, indecent, lewd, harassing, threatening, abusive, inflammatory, fraudulent, misleading, or otherwise objectionable. Ariba Safety reserves the right, but not the obligation, to remove or edit such content at its sole discretion.
Review and Removal: Ariba Safety may, but is not obligated to, monitor, review, or remove user content at its sole discretion and without notice. We reserve the right to remove any content that violates these ToS or that we deem otherwise inappropriate.
No Liability for User Content: Ariba Safety assumes no responsibility or liability for any content posted by users or any third party on the Ariba Safety website. You agree to indemnify, defend, and hold harmless Ariba Safety, Ariba Safety, Ariba Safety, their affiliates, officers, directors, employees, agents, licensors, and suppliers from and against all claims, losses, liabilities, damages, and expenses (including legal fees) arising out of or related to any content you post, submit, or transmit through the website.

Digital Millennium Copyright Act (DMCA) Policy

DMCA Compliance: Ariba Safety respects the intellectual property rights of others and expects users to do the same. We comply with the provisions of the Digital Millennium Copyright Act (DMCA) regarding online service providers. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our designated Copyright Agent with the following information:

A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest.
A description of the copyrighted work that you claim has been infringed.
A description of where the material that you claim is infringing is located on the site.
Your address, telephone number, and email address.
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Contact Information for DMCA Agent: The designated Copyright Agent for notice of claims of copyright infringement can be reached at:

Email: CSR@AribaSafety.com
Mailing Address: Ariba Safety, 667 Welham Rd #5A, Barrie, ON L4N 0B7

Counter-Notice: If you believe that your content was removed or access to it was disabled by mistake or misidentification, you may file a counter-notice with our Copyright Agent. The counter-notice must include:

Your physical or electronic signature.
Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled.
A statement under penalty of perjury that you have a good faith belief that the content was removed or disabled as a result of mistake or misidentification.
Your name, address, telephone number, and email address.
A statement that you consent to the jurisdiction of the federal court in your jurisdiction and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person.

Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Ariba Safety has adopted a policy of terminating, in appropriate circumstances and at Ariba Safety's sole discretion, users who are deemed to be repeat infringers. Ariba Safety may also at its sole discretion limit access to the website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Intellectual Property Infringement

Notice of Infringement: If you believe that any content on the Ariba Safety website infringes your intellectual property rights, please notify us immediately using the contact information provided above. We will respond promptly to investigate and address any valid claims of infringement.
Infringement Investigations: Upon receipt of a notice of alleged infringement, Ariba Safety will conduct an investigation to determine whether the content in question violates any intellectual property rights. We may remove or disable access to the content in question while the investigation is ongoing.
Legal Recourse: Users who are found to have infringed on intellectual property rights may face legal action, including but not limited to civil and criminal penalties. Ariba Safety reserves the right to seek damages and other remedies to the fullest extent permitted by law.
Preventative Measures: Ariba Safety takes proactive measures to prevent intellectual property infringement on our website. This includes implementing monitoring systems, providing user education on copyright laws, and enforcing strict compliance with our ToS.

IX. Dispute Resolution and Governing Law

Dispute Resolution Mechanism

Initial Resolution: Users are encouraged to contact Ariba Safety Customer Service to resolve any disputes, claims, or issues arising from the use of the website or services. We aim to address all concerns promptly and amicably.
Mediation and Arbitration: If a dispute cannot be resolved through initial resolution, the parties agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) by binding arbitration. Arbitration is a more informal way to resolve disputes than a lawsuit in court. The arbitration will be conducted in accordance with the rules of the Canadian Arbitration Association.
Arbitration Procedures:

The arbitration will be conducted by a single, neutral arbitrator and will take place in Ontario, Canada.
The arbitrator’s decision will follow the terms of these ToS and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these ToS, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator.
The arbitrator’s award can be confirmed and enforced in any court of competent jurisdiction.
The arbitrator will not have the authority to award damages, remedies, or awards that conflict with these ToS.

Class Action Waiver: You and Ariba Safety agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. Neither you nor Ariba Safety will seek to have any dispute heard as a class action or in any proceeding in which either party acts or proposes to act in a representative capacity.

Governing Law

Applicable Law: These ToS and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to its conflict of law principles.
Jurisdiction: By using the Ariba Safety website and services, you agree to submit to the exclusive jurisdiction of the courts of Ontario, Canada, for the resolution of any disputes arising out of or relating to these ToS or your use of the website and services.
Compliance with Laws: Users agree to comply with all applicable laws and regulations of their respective jurisdictions while using the Ariba Safety website and services. This includes but is not limited to laws regarding online conduct, acceptable content, and the export of data and software to and from Canada or your country of residence.

Legal Remedies

Injunctive Relief: In the event of a breach or threatened breach of these ToS, Ariba Safety may seek injunctive or other appropriate relief in any court of competent jurisdiction. This provision shall not in any way limit the rights or remedies otherwise available to Ariba Safety, including the right to seek damages.
Limitation of Liability: To the maximum extent permitted by applicable law, Ariba Safety shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your use of or inability to use the website or services; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from the website; (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our services by any third party; (v) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the services; and/or (vi) the defamatory, offensive, or illegal conduct of any third party.

Severability

Clause Specificity: If any provision of these ToS is found to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these ToS, without affecting the validity and enforceability of any remaining provisions.
Continued Validity: The remaining provisions of these ToS will continue to be in full force and effect. The invalid or unenforceable provision will be interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law.

Notices and Communication

Method of Communication: Ariba Safety may provide notices to users via email, regular mail, or postings on the website. Users are responsible for ensuring that their contact information is accurate and up-to-date.
Notice of Changes: Ariba Safety reserves the right to update, change, or replace any part of these ToS by posting updates and changes on our website. It is the user's responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these ToS constitutes acceptance of those changes.

Entire Agreement

Superseding Agreement: These ToS, together with any policies or operating rules posted by Ariba Safety on the website or in respect to The Service, constitute the entire agreement and understanding between you and Ariba Safety, governing your use of the website and services, and supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and Ariba Safety (including, but not limited to, any prior versions of the ToS).
No Waiver: The failure of Ariba Safety to exercise or enforce any right or provision of these ToS shall not constitute a waiver of such right or provision. Any waiver of any provision of these ToS will be effective only if in writing and signed by an authorized representative of Ariba Safety.

Force Majeure

Events Beyond Control: Ariba Safety shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
Notification of Delay: In the event of a force majeure event, Ariba Safety will notify users as soon as reasonably practicable and will make all reasonable efforts to mitigate the effects of the delay or failure to perform.

X. Limitation of Liability

General Limitation of Liability

Scope of Liability: To the maximum extent permitted by applicable law, Ariba Safety, Ariba Safety, and Ariba Safety, along with their respective officers, directors, employees, agents, contractors, affiliates, and suppliers, shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your use of or inability to use the website or services; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from the website; (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our services by any third party; (v) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the services; and/or (vi) the defamatory, offensive, or illegal conduct of any third party.

Specific Exclusions

Service Interruptions: Ariba Safety does not guarantee, represent, or warrant that your use of the website or services will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the website or services will be accurate or reliable.
Loss of Data: Ariba Safety shall not be liable for any loss of data or information that may occur as a result of using the website or services. Users are responsible for maintaining backups of their data.
Product Defects: Ariba Safety’s liability for any defective product shall be limited to the replacement of the product or a refund of the purchase price, at our sole discretion. We make no warranties, express or implied, regarding the products sold through our website, except as specifically stated in our Return Policy.
Third-Party Links: Ariba Safety may provide links to third-party websites or services. We are not responsible for the content, accuracy, or opinions expressed in such websites or services, and such websites or services are not investigated, monitored, or checked for accuracy or completeness by us. Inclusion of any linked website or service on our website does not imply approval or endorsement of the linked website or service by us. If you decide to leave our website and access these third-party websites or services, you do so at your own risk.

Aggregate Liability

Maximum Liability: In no event shall the aggregate liability of Ariba Safety, Ariba Safety, and Ariba Safety, whether in contract, warranty, tort (including negligence, whether active, passive, or imputed), product liability, strict liability, or other theory, arising out of or relating to the use of or inability to use the website or services exceed the amount paid by you, if any, for accessing the website or using the services during the twelve (12) months immediately preceding the date of the claim or one hundred Canadian dollars (CAD $100.00), whichever is greater.

Limitation of Liability in Jurisdictions

Jurisdictional Limitations: Some jurisdictions do not allow the exclusion or limitation of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In such jurisdictions, our liability is limited to the maximum extent permitted by law.
Statutory Rights: Nothing in these ToS is intended to exclude or limit any condition, warranty, right, or liability that may not be lawfully excluded or limited. Accordingly, only those limitations which are lawful in your jurisdiction will apply to you, and our liability will be limited to the maximum extent permitted by law.

Indemnification

User Indemnity: You agree to indemnify, defend, and hold harmless Ariba Safety, Ariba Safety, Ariba Safety, and their respective officers, directors, employees, agents, contractors, affiliates, and suppliers from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable legal fees), and expenses that arise directly or indirectly from: (i) your breach of these ToS; (ii) your violation of any law or the rights of a third party; (iii) your use of the website or services; or (iv) any content you submit, post, or transmit through the website or services.
Defense of Claims: Ariba Safety reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such cases, you agree to cooperate with our defense of such claim.

Warranty Disclaimer

As-Is Basis: The website and services are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
No Warranties: Ariba Safety makes no representations or warranties of any kind, express or implied, as to the operation of the website, the accuracy or completeness of the information, content, materials, or products included on the website, or the services provided. You expressly agree that your use of the website and services is at your sole risk.
Exclusions: Ariba Safety does not warrant that the website, its servers, or email sent from Ariba Safety are free of viruses or other harmful components. Ariba Safety will not be liable for any damages of any kind arising from the use of the website or services, including but not limited to direct, indirect, incidental, punitive, and consequential damages.

XI. Indemnification

User Indemnity

Obligation to Indemnify: You agree to indemnify, defend, and hold harmless Ariba Safety, Ariba Safety, Ariba Safety, and their respective officers, directors, employees, agents, contractors, affiliates, licensors, service providers, subcontractors, suppliers, and interns from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable legal fees), and expenses that arise directly or indirectly from:

Your breach of these ToS.
Your violation of any law or the rights of a third party.
Your use of the website or services.
Any content you submit, post, or transmit through the website or services.

Defense of Claims: Ariba Safety reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such cases, you agree to cooperate with our defense of such claim and to not settle any such matter without the prior written consent of Ariba Safety.
Notification of Claims: You agree to notify Ariba Safety promptly of any claim, action, or proceeding brought against you in connection with any matter for which you must indemnify Ariba Safety. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

Scope of Indemnity

Inclusion of Third Parties: The indemnification obligations under this section shall extend to third parties who may have provided content, materials, or information on the Ariba Safety website and who may be subject to liability as a result of your use of the website or services.
Coverage of Legal Fees and Expenses: Your indemnification obligations include payment for any reasonable legal fees and expenses incurred by Ariba Safety or any indemnified party in connection with the defense of such claims, including the costs of any settlements or judgments awarded against Ariba Safety.

Additional Provisions

No Limitation on Other Rights: The indemnification provided herein is in addition to, and not in lieu of, any other indemnification obligations you may have under any written agreement or applicable law.
Survival of Indemnification Obligations: Your indemnification obligations under this section shall survive the termination of these ToS and your use of the website and services.

Limitations on Liability

No Warranty of Defense: Ariba Safety’s assumption of the defense and control of any claim shall not constitute an admission of liability or waive any defenses available to Ariba Safety or its indemnified parties.
No Obligation to Defend: Ariba Safety is not obligated to defend or indemnify you for claims brought against you by third parties as a result of your actions or use of the website or services in violation of these ToS.

Governing Law and Jurisdiction

Applicable Law: The indemnification obligations set forth in this section shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to its conflict of law principles.
Jurisdiction for Indemnity Claims: Any claims or disputes arising under this indemnification provision shall be resolved in the courts of the Province of Ontario, Canada.

Notices

Method of Providing Notice: Any notices or communications required or permitted to be given under this indemnification provision shall be in writing and shall be delivered by email to CSR@AribaSafety.com, by certified mail, return receipt requested, or by courier, and addressed to Ariba Safety at the address provided on the Ariba Safety website.
Effectiveness of Notices: Notices shall be deemed given and effective upon receipt by the receiving party. It is your responsibility to ensure that your contact information is current and accurate for the purposes of receiving any such notices.

XII. Severability

Clause Specificity

Independent Provisions: Each provision of these Terms of Service ("ToS") is intended to be construed separately so that if any provision of these ToS is found to be invalid, unenforceable, or unlawful by a court of competent jurisdiction, the remaining provisions of these ToS will continue to be in full force and effect.
Effect of Invalidity: If any provision of these ToS is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these ToS. This determination shall not affect the validity and enforceability of any other remaining provisions.

Preservation of Intent

Closest Meaning: In the event that any provision of these ToS is found to be invalid, unenforceable, or unlawful, the parties agree that a valid, enforceable, and lawful provision that most closely reflects the original intent of the provision shall be substituted in its place.
Intent of the Parties: The invalidity of any provision of these ToS shall not affect the remaining provisions, and the parties' respective obligations and rights shall be construed and enforced as if these ToS did not contain the invalid provision.

Application of Severability

Entire Agreement: The provisions of these ToS that are found to be invalid, unlawful, or unenforceable shall be deemed not to be a part of these ToS, and these ToS shall be construed as if such provisions were not included. This construction is limited to the specific provision that is invalid, unlawful, or unenforceable and does not affect the other provisions of these ToS.
Scope of Severability: This severability clause applies only to the specific provision or part of a provision that is found to be invalid, unlawful, or unenforceable. The rest of these ToS shall remain in full force and effect.

Legal Compliance

Compliance with Applicable Laws: In the event that any provision of these ToS is found to be inconsistent with any applicable law or regulation, such provision shall be deemed to be modified or, if necessary, severed to comply with such law or regulation, while preserving the original intent of the provision to the fullest extent possible.
Amendments for Compliance: Ariba Safety reserves the right to amend these ToS to ensure compliance with applicable laws and regulations. Users will be notified of any such amendments in accordance with the notice provisions of these ToS.

No Waiver

No Implied Waivers: The failure of Ariba Safety to exercise or enforce any right or provision of these ToS shall not constitute a waiver of such right or provision. Any waiver of any provision of these ToS will be effective only if in writing and signed by an authorized representative of Ariba Safety.
Cumulative Rights: The rights and remedies of Ariba Safety under these ToS are cumulative and not exclusive of any rights or remedies provided by law or by any other agreement between the parties.

Continued Validity

Ongoing Effectiveness: The provisions of these ToS shall continue to be valid, enforceable, and effective even if any individual provision is found to be invalid, unlawful, or unenforceable, provided that the overall purpose and intent of these ToS can still be achieved.
Interpretation of Provisions: Any ambiguities in the interpretation of these ToS shall not be construed against the drafting party. The headings used in these ToS are included for convenience only and will not limit or otherwise affect the interpretation of these ToS.

XIII. Termination

Termination by Ariba Safety

Right to Terminate: Ariba Safety reserves the right to terminate or suspend your account and access to the website or services at any time, with or without cause, with or without notice, effective immediately. Such termination may include the deactivation or deletion of your account and all related information and files associated with your account.
Grounds for Termination: Grounds for termination include but are not limited to:

Violation of these ToS or any other policies or rules applicable to the use of the website or services.
Engagement in fraudulent, illegal, or harmful activities.
Non-payment of fees owed for products or services purchased through the website.
Actions that cause or may cause harm to Ariba Safety, its users, or third parties.

Termination by User

Voluntary Termination: You may terminate your account and discontinue your use of the website or services at any time by notifying Ariba Safety. Upon receipt of your termination notice, Ariba Safety will deactivate your account and remove your access to the website and services.
Effect of Termination: Termination of your account will result in the removal of access to all services, the deletion of your password and all related information, files, and content associated with your account. Ariba Safety will not be liable to you or any third party for any termination of your account or access to the website or services.

Obligations Upon Termination

Outstanding Obligations: Upon termination of your account, you are still obligated to pay any outstanding amounts owed to Ariba Safety. Termination does not relieve you of any obligations to pay for products or services already ordered or received.
Surviving Provisions: The provisions of these ToS that by their nature should survive termination, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability, shall survive any termination of your account or these ToS.

Consequences of Termination

Loss of Data: Upon termination, Ariba Safety may delete all information related to your account, including your user content, without liability to you. Ariba Safety is not obligated to retain or provide you with copies of your user content.
Restricted Access: Following termination, you will lose access to the website and services. Any attempt to access the website or services after termination will constitute a violation of these ToS.
Final Settlement: Any disputes regarding outstanding payments or obligations will be subject to the dispute resolution procedures outlined in these ToS.

Notification of Termination

Method of Notification: Ariba Safety may provide notice of termination by email, regular mail, or postings on the website. Users are responsible for ensuring that their contact information is accurate and up-to-date to receive such notifications.
Effective Date of Termination: Termination by Ariba Safety will be effective immediately upon notification to you, or at a later date specified in the notice. Voluntary termination by the user will be effective upon receipt and processing of your termination notice by Ariba Safety.

Appeals Process

Request for Reconsideration: If you believe your account has been terminated in error, you may contact Ariba Safety Customer Service to request reconsideration. Your request must include your account details and an explanation of why you believe the termination was in error.
Review Process: Ariba Safety will review your request for reconsideration and, at its sole discretion, may reinstate your account. The decision of Ariba Safety is final and binding.

Legal Remedies

Injunctive Relief: Ariba Safety reserves the right to seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the continuation of any violation of these ToS or any harm to its interests or the interests of its users or third parties.
Additional Remedies: Termination of your account and access to the website and services does not limit Ariba Safety’s right to pursue any other remedies available to it under these ToS or at law.

XIV. Communication and Notices

Methods of Communication

Official Communication Channels: Ariba Safety will communicate with users through various official channels, including but not limited to email, regular mail, and postings on the website. It is the responsibility of the user to ensure that their contact information is accurate and up-to-date.
Primary Email Communication: The primary method of communication between Ariba Safety and users will be email. All notices and communications regarding account updates, changes to the ToS, and other important information will be sent to the email address associated with your account.

User Responsibilities

Maintaining Accurate Contact Information: Users must provide accurate and current contact information when creating an account and are responsible for updating their contact information as necessary to ensure they receive all communications from Ariba Safety.
Monitoring Communications: Users agree to regularly monitor their email and other communication channels provided to Ariba Safety to stay informed about important notices, updates, and communications from Ariba Safety.

Types of Notices

Service-Related Notices: Ariba Safety will send notices related to the operation and functionality of the website and services, including but not limited to account verification, password changes, transaction confirmations, and service updates.
Policy Updates and Changes: Notices regarding updates or changes to these ToS, Privacy Policy, or any other policies will be communicated through email and/or postings on the website. Users are encouraged to review these notices promptly to stay informed about any changes.
Promotional Communications: Ariba Safety may send promotional communications, such as newsletters, special offers, and marketing messages, to users who have opted-in to receive such communications. Users can opt-out of promotional communications at any time by following the unsubscribe instructions included in the emails.

Legal Notices

Notification of Legal Matters: Any legal notices, including but not limited to notices of claims of copyright infringement under the DMCA, must be sent to Ariba Safety's designated agent as specified in these ToS.
Delivery of Legal Notices: Legal notices shall be deemed given and effective upon receipt by Ariba Safety when sent via certified mail, return receipt requested, to the following address:

Address: Ariba Safety, 667 Welham Rd #5A, Barrie, ON L4N 0B7
Email: CSR@AribaSafety.com

Effectiveness of Notices

Deemed Receipt: Notices sent by email will be deemed received 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. Notices sent by regular mail will be deemed received three business days after the date of mailing. Notices posted on the website will be deemed received upon posting.
Confirmation of Delivery: For notices sent via certified mail, return receipt requested, delivery will be confirmed by the return receipt signed by the recipient.

Electronic Communications

Consent to Electronic Communications: By using the website and services, you consent to receive electronic communications from Ariba Safety. These communications may include notices about your account, transactional information, and other information concerning or related to the website and services.
Records of Electronic Communications: You agree that all notices, disclosures, agreements, and other communications that Ariba Safety provides to you electronically satisfy any legal requirement that such communications be in writing. You also agree to maintain copies of electronic communications by printing a paper copy or saving an electronic copy.

Opting Out

Opt-Out Procedures: Users may opt-out of receiving promotional and marketing communications from Ariba Safety at any time by following the unsubscribe instructions included in such communications or by contacting our Customer Service team.
Effect of Opting Out: Opting out of promotional communications will not affect your receipt of service-related communications, which are necessary for the ongoing use of your account and the website.

Customer Service and Support

Contacting Customer Service: For any inquiries, support, or assistance, users can contact Ariba Safety's Customer Service team via email at CSR@AribaSafety.com, or through the contact form on our website.
Response Times: Ariba Safety aims to respond to all customer inquiries within 2 business days. During peak periods, response times may be longer, but we will strive to address all inquiries as promptly as possible.

Language of Communication

English Language: All communications, notices, and agreements shall be in the English language. If Ariba Safety provides a translation of the English language version of these ToS or any other policy or document, the English language version will control in the event of any conflict.

Record Retention

Retention of Records: Ariba Safety will retain records of communications and transactions as required by applicable law and our internal record retention policies. Users are encouraged to keep copies of all communications for their records.

XV. Compliance with Laws

General Compliance

User Responsibility: Users agree to comply with all applicable local, provincial, federal, and international laws, regulations, and ordinances in connection with their use of the Ariba Safety website and services. This includes but is not limited to laws related to online conduct, acceptable content, data protection, privacy, and the export of data and software.
Prohibited Activities: Users are prohibited from using the website or services for any illegal or unauthorized purpose. This includes, but is not limited to, the following activities:

Engaging in any activity that would constitute a criminal offense or give rise to a civil liability.
Using the website or services to transmit or store illegal, infringing, or harmful content.
Interfering with or disrupting the operation of the website or services, including through the use of viruses, malware, or other harmful code.

Export Compliance

Export Control Laws: The products, services, and technology provided on or through the Ariba Safety website are subject to Canadian export control laws and regulations. Users must comply with all applicable export and import laws and regulations in connection with their use of the website and services.
Prohibited Destinations: Users represent and warrant that they are not located in, under the control of, or a national or resident of any country to which the export of products, services, or technology is prohibited by Canadian or other applicable laws and regulations. This includes, but is not limited to, countries subject to Canadian trade sanctions or embargoes.
Export Restrictions: Users agree not to export or re-export any products, services, or technology obtained from Ariba Safety, except in full compliance with all applicable Canadian and other relevant export control laws and regulations.

Data Protection and Privacy

Compliance with Privacy Laws: Users must comply with all applicable data protection and privacy laws, including the Personal Information Protection and Electronic Documents Act (PIPEDA), the General Data Protection Regulation (GDPR), and any other relevant privacy laws in their jurisdiction.
User Data Responsibilities: Users are responsible for ensuring that any personal data they provide to Ariba Safety is accurate, complete, and lawful. Users must not submit or share personal data of third parties without proper authorization and consent.

Intellectual Property Compliance

Respecting Intellectual Property Rights: Users must respect the intellectual property rights of Ariba Safety and third parties. This includes not infringing on copyrights, trademarks, patents, or other intellectual property rights through the use of the website or services.
Reporting Infringements: If users become aware of any intellectual property infringement or other illegal activity related to the website or services, they must promptly notify Ariba Safety by contacting our Customer Service team or designated Copyright Agent.

Anti-Corruption and Anti-Bribery

Compliance with Anti-Corruption Laws: Users must comply with all applicable anti-corruption and anti-bribery laws, including, and not limited to the Corruption of Foreign Public Officials Act (CFPOA) and the U.S. Foreign Corrupt Practices Act (FCPA). Users must not engage in any form of bribery, kickbacks, or other corrupt practices in connection with their use of the website or services.
Prohibited Conduct: Users must not offer, promise, give, or receive any financial or other advantage to or from any person or entity with the intention of inducing or rewarding the improper performance of any function or activity related to the website or services.

Legal Process and Cooperation

Compliance with Legal Requests: Ariba Safety will comply with all valid legal requests and processes, including subpoenas, court orders, and other requests from law enforcement or regulatory authorities. Users agree to cooperate with Ariba Safety in responding to such legal requests and processes.
Notification of Legal Proceedings: Users must promptly notify Ariba Safety if they become involved in any legal proceedings or investigations related to their use of the website or services. This includes providing timely and accurate information in response to inquiries from Ariba Safety.

Monitoring and Enforcement

Monitoring Compliance: Ariba Safety reserves the right to monitor user activity on the website and services to ensure compliance with these ToS and applicable laws. This includes reviewing user content, monitoring usage patterns, and investigating any potential violations.
Enforcement Actions: In the event of a violation of these ToS or applicable laws, Ariba Safety may take appropriate enforcement actions, including suspending or terminating user accounts, removing infringing content, and reporting violations to law enforcement or regulatory authorities.

Amendments to Compliance Policies

Updates to Policies: Ariba Safety reserves the right to update and amend its compliance policies as necessary to reflect changes in applicable laws and regulations. Users will be notified of any significant updates to these policies in accordance with the notice provisions of these ToS.
User Acknowledgment: By continuing to use the website and services after any amendments to the compliance policies, users acknowledge and agree to be bound by the updated policies.

XVI. Miscellaneous

Entire Agreement

Superseding Agreement: These Terms of Service (ToS), along with any policies or operating rules posted by Ariba Safety on the website or in respect to the services, constitute the entire agreement and understanding between you and Ariba Safety, Ariba Safety, and Ariba Safety, governing your use of the website and services. This agreement supersedes any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and Ariba Safety.
No Reliance on External Representations: You acknowledge that you have not relied on any representations, warranties, or statements other than those expressly set forth in these ToS.

Relationship of the Parties

No Partnership or Joint Venture: Nothing in these ToS shall be construed to create a partnership, joint venture, agency, or employment relationship between you and Ariba Safety. Both parties are independent contractors, and neither party has the authority to bind or obligate the other in any way.
Third-Party Beneficiaries: These ToS are not intended to confer any rights or remedies upon any person other than you and Ariba Safety.

Assignment

Non-Transferable Rights: You may not assign or transfer any rights or obligations under these ToS without the prior written consent of Ariba Safety. Any attempted assignment or transfer in violation of this provision shall be null and void.
Assignment by Ariba Safety: Ariba Safety reserves the right to assign or transfer its rights and obligations under these ToS, in whole or in part, without restriction and without providing notice to or obtaining consent from you. This includes but is not limited to assignments in connection with a merger, acquisition, sale of assets, or by operation of law.

Governing Language

English Language: These ToS and any related documents are in English. If Ariba Safety provides a translation of these ToS, the English language version shall prevail in the event of any conflict.
Interpretation of Terms: Any ambiguities in the interpretation of these ToS shall not be construed against the drafting party.

Waiver and Amendment

Waiver of Rights: The failure of Ariba Safety to exercise or enforce any right or provision of these ToS shall not constitute a waiver of such right or provision. Any waiver of any provision of these ToS will be effective only if in writing and signed by an authorized representative of Ariba Safety.
Right to Amend: Ariba Safety reserves the right to amend, modify, or update these ToS at any time. Users will be notified of any significant changes in accordance with the notice provisions set forth in these ToS. Your continued use of the website or services after any such amendments signifies your acceptance of the updated ToS.

Severability

Severability Clause: If any provision of these ToS is found to be invalid, unlawful, or unenforceable, such provision shall be enforced to the maximum extent permissible, and the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be deemed modified to the extent necessary to render it valid, enforceable, and consistent with the original intent of the provision.

Force Majeure

Events Beyond Control: Ariba Safety shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
Notification and Mitigation: In the event of a force majeure event, Ariba Safety will notify users as soon as reasonably practicable and will make all reasonable efforts to mitigate the effects of the delay or failure to perform.

Headings

Headings for Convenience: The headings used in these ToS are included for convenience only and will not limit or otherwise affect the interpretation of these ToS.

Notices

Methods of Providing Notice: Notices to users may be provided by email, regular mail, or postings on the website. Users are responsible for ensuring that their contact information is accurate and up-to-date to receive such notices.
Effectiveness of Notices: Notices sent by email will be deemed received 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. Notices sent by regular mail will be deemed received three business days after the date of mailing. Notices posted on the website will be deemed received upon posting.

Governing Law

Applicable Law: These ToS and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to its conflict of law principles.
Jurisdiction: By using the Ariba Safety website and services, you agree to submit to the exclusive jurisdiction of the courts of Ontario, Canada, for the resolution of any disputes arising out of or relating to these ToS or your use of the website and services.

Survival

Provisions that Survive Termination: The provisions of these ToS that by their nature should survive termination shall survive termination, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Entire Agreement

Integration Clause: These ToS, along with any policies or operating rules posted by Ariba Safety on the website or in respect to the services, constitute the entire agreement and understanding between you and Ariba Safety, governing your use of the website and services. This agreement supersedes any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and Ariba Safety.

Contact Information

Customer Service Contact: For any questions about these ToS, please contact us at:

Email: CSR@AribaSafety.com
Mailing Address: Ariba Safety, 667 Welham Rd #5A, Barrie, ON L4N 0B7

XVI. User Agreement

Acceptance of Terms

Agreement to Terms: By accessing or using the Ariba Safety website and services, you agree to be bound by these Terms of Service (ToS) and all applicable laws and regulations. If you do not agree with any part of these ToS, you must not use the website or services.
Age Requirement: You represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
Revisions to Terms: Ariba Safety reserves the right to revise these ToS at any time without prior notice. Any changes will be effective immediately upon posting on the website. Your continued use of the website and services after such changes are posted constitutes your acceptance of the new ToS.

User Obligations

Compliance with Laws: You agree to comply with all applicable laws and regulations in connection with your use of the website and services. This includes but is not limited to laws related to online conduct, data protection, privacy, and the export of data and software.
Prohibited Conduct: You agree not to engage in any conduct that is harmful, illegal, or otherwise violates these ToS. Prohibited conduct includes, but is not limited to:

Using the website or services for any unlawful purpose or to solicit others to perform or participate in any unlawful acts.
Violating any international, federal, provincial, or state regulations, rules, laws, or local ordinances.
Infringing upon or violating our intellectual property rights or the intellectual property rights of others.
Harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
Submitting false or misleading information.
Uploading or transmitting viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the service or any related website, other websites, or the Internet.
Collecting or tracking the personal information of others without consent.
Spamming, phishing, pharming, pretexting, spidering, crawling, or scraping.
Interfering with or circumventing the security features of the service or any related website, other websites, or the Internet.

User Accounts

Account Creation: To access certain features of the website and services, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary to keep it accurate, current, and complete.
Account Security: You are responsible for maintaining the confidentiality of your account password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password.
Account Termination: Ariba Safety reserves the right to terminate your account, refuse service, or cancel orders at its sole discretion, with or without cause, and with or without notice.

User Content

Content Ownership: You retain ownership of any content you submit, post, or display on or through the website and services. By submitting, posting, or displaying content, you grant Ariba Safety a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media.
Content Responsibility: You are solely responsible for the content you submit, post, or display on or through the website and services. You represent and warrant that you own or have sufficient rights to the content you provide and that the content does not infringe the intellectual property rights, privacy rights, or any other rights of any third party.
Content Review and Removal: Ariba Safety reserves the right, but is not obligated, to monitor, review, or remove user content at its sole discretion and without notice. We reserve the right to remove any content that violates these ToS or that we deem otherwise inappropriate.

Transactions and Payments

Payment Terms: All transactions conducted through the website are subject to Ariba Safety’s payment terms and policies. Users agree to provide accurate and complete payment information and to promptly update their account information to ensure it remains accurate and complete.
Order Acceptance: Ariba Safety reserves the right to refuse or cancel any order for any reason, including but not limited to product availability, errors in the description or price of the product, or errors in your order.
Refunds and Returns: Refunds and returns are subject to Ariba Safety’s return policy. Users are responsible for reviewing the return policy before making a purchase.

Privacy and Data Protection

Privacy Policy: Your use of the website and services is subject to Ariba Safety’s Privacy Policy, which is incorporated by reference into these ToS. By using the website and services, you consent to the collection, use, and disclosure of your personal information as described in the Privacy Policy.
User Data Responsibilities: Users are responsible for ensuring that any personal data they provide to Ariba Safety is accurate, complete, and lawful. Users must not submit or share personal data of third parties without proper authorization and consent.

Intellectual Property

Intellectual Property Rights: All content on the website, including but not limited to text, graphics, logos, images, audio clips, video clips, digital downloads, data compilations, and software, is the property of Ariba Safety or its content suppliers and is protected by Canadian and international copyright, trademark, patent, and other intellectual property laws.
Trademarks: The trademarks, service marks, and logos (collectively, the "Trademarks") used and displayed on the website are registered and unregistered Trademarks of Ariba Safety and others. Nothing on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the website, without the prior written permission of the Trademark owner.
Proprietary Rights: The compilation of all content on this site is the exclusive property of Ariba Safety and is protected by Canadian and international copyright laws. All software used on this site is the property of Ariba Safety or its software suppliers and is protected by Canadian and international copyright laws.

Dispute Resolution

Initial Resolution: Users are encouraged to contact Ariba Safety Customer Service to resolve any disputes, claims, or issues arising from the use of the website or services. We aim to address all concerns promptly and amicably.
Mediation and Arbitration: If a dispute cannot be resolved through initial resolution, the parties agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) by binding arbitration. The arbitration will be conducted in accordance with the rules of the Canadian Arbitration Association.
Class Action Waiver: You and Ariba Safety agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. Neither you nor Ariba Safety will seek to have any dispute heard as a class action or in any proceeding in which either party acts or proposes to act in a representative capacity.

Termination

Termination by Ariba Safety: Ariba Safety reserves the right to terminate or suspend your account and access to the website or services at any time, with or without cause, with or without notice, effective immediately. Such termination may include the deactivation or deletion of your account and all related information and files associated with your account.
Termination by User: You may terminate your account and discontinue your use of the website or services at any time by notifying Ariba Safety. Upon receipt of your termination notice, Ariba Safety will deactivate your account and remove your access to the website and services.
Obligations Upon Termination: Upon termination of your account, you are still obligated to pay any outstanding amounts owed to Ariba Safety. Termination does not relieve you of any obligations to pay for products or services already ordered or received.

Miscellaneous

Entire Agreement: These ToS, along with any policies or operating rules posted by Ariba Safety on the website or in respect to the services, constitute the entire agreement and understanding between you and Ariba Safety, governing your use of the website and services. This agreement supersedes any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and Ariba Safety.
No Partnership or Joint Venture: Nothing in these ToS shall be construed to create a partnership, joint venture, agency, or employment relationship between you and Ariba Safety. Both parties are independent contractors, and neither party has the authority to bind or obligate the other in any way.
Severability: If any provision of these ToS is found to be invalid, unlawful, or unenforceable, such provision shall be enforced to the maximum extent permissible, and the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be deemed modified to the extent necessary to render it valid, enforceable, and consistent with the original intent of the provision.
Force Majeure: Ariba Safety shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
Headings: The headings used in these ToS are included for convenience only and will not limit or otherwise affect the interpretation of these ToS.
Notices: Notices to users may be provided by email, regular mail, or postings on the website. Users are responsible for ensuring that their contact information is accurate and up-to-date to receive such notices.
Governing Law: These ToS and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to its conflict of law principles.
Survival: The provisions of these ToS that by their nature should survive termination shall survive termination, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Contact Information: For any questions about these ToS, please contact us at:

Email: CSR@AribaSafety.com
Mailing Address: Ariba Safety, 667 Welham Rd #5A, Barrie, ON L4N 0B7

XVII. Governing Law

Applicable Law

Choice of Law: These Terms of Service (ToS) and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to its conflict of law principles.
Jurisdiction: By using the Ariba Safety website and services, you agree to submit to the exclusive jurisdiction of the courts of Ontario, Canada, for the resolution of any disputes arising out of or relating to these ToS or your use of the website and services.

Dispute Resolution

Initial Resolution: Users are encouraged to contact Ariba Safety Customer Service to resolve any disputes, claims, or issues arising from the use of the website or services. We aim to address all concerns promptly and amicably.
Mediation and Arbitration: If a dispute cannot be resolved through initial resolution, the parties agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) by binding arbitration. The arbitration will be conducted in accordance with the rules of the Canadian Arbitration Association.
Class Action Waiver: You and Ariba Safety agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. Neither you nor Ariba Safety will seek to have any dispute heard as a class action or in any proceeding in which either party acts or proposes to act in a representative capacity.

Enforcement of Rights

Injunctive Relief: Ariba Safety reserves the right to seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the continuation of any violation of these ToS or any harm to its interests or the interests of its users or third parties.
Additional Remedies: The availability of arbitration as a remedy does not limit Ariba Safety’s right to pursue any other remedies available to it under these ToS or at law.

Legal Compliance

Compliance with Local Laws: Users are responsible for complying with all applicable local laws in their jurisdiction. By using the website and services, you represent and warrant that your use complies with all applicable laws and regulations.
Export Control Laws: The products, services, and technology provided on or through the Ariba Safety website are subject to Canadian export control laws and regulations. Users must comply with all applicable export and import laws and regulations in connection with their use of the website and services.

International Use

Global Reach: Ariba Safety makes no representation that materials on the website are appropriate or available for use in locations outside Canada. Accessing the website from territories where the content is illegal is prohibited.
International Compliance: If you access the website from a location outside Canada, you are responsible for compliance with all local laws and regulations, including but not limited to those related to online conduct and acceptable content.

Severability

Severability Clause: If any provision of these ToS is found to be invalid, unlawful, or unenforceable, such provision shall be enforced to the maximum extent permissible, and the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be deemed modified to the extent necessary to render it valid, enforceable, and consistent with the original intent of the provision.

Force Majeure

Events Beyond Control: Ariba Safety shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
Notification and Mitigation: In the event of a force majeure event, Ariba Safety will notify users as soon as reasonably practicable and will make all reasonable efforts to mitigate the effects of the delay or failure to perform.

Notices

Methods of Providing Notice: Notices to users may be provided by email, regular mail, or postings on the website. Users are responsible for ensuring that their contact information is accurate and up-to-date to receive such notices.
Effectiveness of Notices: Notices sent by email will be deemed received 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. Notices sent by regular mail will be deemed received three business days after the date of mailing. Notices posted on the website will be deemed received upon posting.

Entire Agreement

Integration Clause: These ToS, along with any policies or operating rules posted by Ariba Safety on the website or in respect to the services, constitute the entire agreement and understanding between you and Ariba Safety, governing your use of the website and services. This agreement supersedes any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and Ariba Safety.

Contact Information

Customer Service Contact: For any questions about these ToS, please contact us at:

Email: CSR@AribaSafety.com
Mailing Address: Ariba Safety, 667 Welham Rd #5A, Barrie, ON L4N 0B7

XX. Changes to Terms of Service

Right to Modify

Modification Authority: Ariba Safety reserves the right, at its sole discretion, to update, change, or replace any part of these Terms of Service (ToS) at any time. Any such modifications will be effective immediately upon posting on the website unless otherwise specified.
Scope of Changes: Changes to these ToS may include, but are not limited to, modifications to existing terms, the addition of new terms, or the removal of obsolete terms.

Notification of Changes

Method of Notification: Ariba Safety will notify users of significant changes to these ToS by posting the updated terms on the website and indicating the date of the latest revision at the top of the document. In some cases, Ariba Safety may also provide additional notice, such as sending an email notification to the address associated with your account.
User Responsibility: It is the responsibility of users to review these ToS periodically for changes. Your continued use of or access to the website and services following the posting of any changes constitutes acceptance of those changes.

User Consent to Changes

Acceptance of Changes: By continuing to use the website or services after any changes to these ToS have been posted, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the website and services immediately.
Binding Agreement: The updated ToS constitute a binding agreement between you and Ariba Safety. Your use of the website and services is governed by the ToS in effect at the time of your use.

Interim Provisions

Temporary Terms: In certain situations, Ariba Safety may introduce temporary terms that apply for a specific period. These interim provisions will be clearly indicated in the ToS and will cease to apply once the specified period ends.
Effect of Interim Provisions: The introduction of interim provisions does not alter the overall validity and enforceability of the ToS. Users must comply with both the interim provisions and the general terms during the applicable period.

Archiving Previous Versions

Record Keeping: Ariba Safety maintains records of previous versions of these ToS. Users can request access to prior versions of the ToS by contacting Customer Service.
Comparative Review: Users are encouraged to review and compare previous versions of the ToS to understand how their rights and obligations have evolved over time.

Severability of Changes

Independent Effect: If any changes to these ToS are found to be invalid, unlawful, or unenforceable, the remaining changes and provisions shall continue in full force and effect. The invalid or unenforceable changes shall be deemed modified to the extent necessary to render them valid, enforceable, and consistent with the original intent.
No Retroactive Effect: Changes to these ToS will not apply retroactively unless expressly stated. The rights and obligations of users will be governed by the version of the ToS in effect at the time of their use.

User Feedback

Feedback Mechanism: Ariba Safety welcomes user feedback on proposed changes to these ToS. Users can submit their comments and suggestions via email at CSR@AribaSafety.com or through the contact form on our website.
Consideration of Feedback: While Ariba Safety will consider user feedback when making changes to these ToS, the final decision on any modifications rests solely with Ariba Safety.

XX. Contact Information

Customer Service Contact

General Inquiries: For general inquiries, feedback, or questions about these Terms of Service (ToS), users can reach out to our Customer Service team via the following methods:

Email: CSR@AribaSafety.com
Mailing Address: Ariba Safety, 667 Welham Rd #5A, Barrie, ON L4N 0B7

Business Hours: Our Customer Service team is available to assist you during the following business hours:

Monday to Friday: 9:00 AM to 5:00 PM (Eastern Time)
Weekends and Holidays: Closed

Accounts Payable Contact

Billing and Payment Inquiries: For questions related to billing, payments, or accounts payable, please contact our Accounts Payable team:

Email: AP@AribaSafety.com
Mailing Address: Ariba Safety, 667 Welham Rd #5A, Barrie, ON L4N 0B7

Response Times: We strive to respond to all billing and payment inquiries within 2 business days. Response times may be longer during peak periods or holidays.

XXI. Promotions, Contests, and Sweepstakes

General Terms

Applicability: From time to time, Ariba Safety may offer promotions, contests, or sweepstakes (collectively referred to as "Promotions"). These Promotions are subject to these Terms of Service (ToS) as well as any additional rules, terms, and conditions that are specific to each Promotion.
Eligibility: Eligibility for Promotions may be limited to specific geographical locations, age groups, or other criteria as determined by Ariba Safety. Eligibility requirements will be clearly stated in the rules for each Promotion. By participating, you confirm that you meet all eligibility requirements.

Entry

No Purchase Necessary: Unless otherwise specified, no purchase is necessary to enter or win a Promotion. Details on how to enter each Promotion will be provided in the official rules.
Accurate Information: Participants must provide accurate and complete information when entering a Promotion. Entries that are incomplete, illegible, or fraudulent will be disqualified.
Limitations on Entries: The number of entries allowed per person or household will be specified in the rules of each Promotion. Duplicate or excessive entries may result in disqualification.

Winner Selection

Random Drawings: Winners of sweepstakes or contests will be selected through a random drawing from all eligible entries received, unless otherwise specified in the Promotion rules.
Judging Criteria: For contests judged on skill or creativity, the criteria for selecting winners will be clearly outlined in the Promotion rules. The decisions of the judges are final and binding.
Notification of Winners: Winners will be notified by email or other contact information provided at the time of entry. Ariba Safety is not responsible for any delay or failure in receiving notification due to incorrect or outdated contact information.

Prizes

Prize Details: The details of the prizes, including the number of prizes, their approximate retail value, and any additional terms and conditions, will be specified in the rules for each Promotion.
No Substitution: Prizes are non-transferable and no substitution will be made except as provided at Ariba Safety’s sole discretion. Ariba Safety reserves the right to substitute any listed prize for one of equal or greater value if the advertised prize becomes unavailable.
Tax Responsibility: Winners are responsible for all taxes and fees associated with prize receipt and use. Ariba Safety may be required to report the value of the prize to tax authorities, and winners may be required to provide additional information for tax reporting purposes.

Use of Entries and Personal Information

Publicity Rights: By participating in a Promotion, you grant Ariba Safety the right to use your name, likeness, entry, and any other provided information for promotional purposes in any media without further compensation, unless prohibited by law.
Privacy: Personal information collected from participants will be used in accordance with Ariba Safety’s Privacy Policy. This may include using your information for the administration of the Promotion and for marketing purposes.

General Conditions

Compliance with Rules: By participating in a Promotion, you agree to be bound by the rules, terms, and conditions of the Promotion as well as these ToS. Failure to comply with the rules may result in disqualification.
Right to Cancel or Modify: Ariba Safety reserves the right to cancel, suspend, or modify any Promotion if fraud, technical failures, or any other factor beyond Ariba Safety’s reasonable control impairs the integrity of the Promotion, as determined by Ariba Safety in its sole discretion.
Disputes: Any disputes arising out of or relating to a Promotion will be resolved in accordance with the dispute resolution procedures outlined in these ToS.

Limitation of Liability

Release of Liability: By participating in a Promotion, you agree to release and hold harmless Ariba Safety, its affiliates, and their respective officers, directors, employees, and agents from any liability, loss, or damage resulting from your participation or the acceptance, use, or misuse of any prize.
Force Majeure: Ariba Safety is not responsible for any failure to conduct or complete a Promotion due to events beyond its reasonable control, including but not limited to natural disasters, war, terrorism, or technical failures.

XXIV. Feedback and Reviews

Submission of Feedback and Reviews

Voluntary Submission: Ariba Safety encourages users to submit feedback and reviews regarding our products and services. By submitting feedback or reviews, you agree that such submissions are voluntary and not confidential.
Accurate Information: You agree to provide accurate, truthful, and complete information in any feedback or reviews you submit. You are responsible for ensuring that your feedback and reviews are based on your genuine experience and not influenced by any other party.

Ownership and Use of Feedback and Reviews

Transfer of Rights: By submitting feedback or reviews, you grant Ariba Safety a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such feedback and reviews in any media. This includes the right to use your feedback or reviews for promotional and marketing purposes.
Attribution: Ariba Safety may choose, at its sole discretion, to attribute feedback or reviews to you by displaying your name, username, or other identifying information provided by you at the time of submission.

Moderation and Removal

Review and Moderation: Ariba Safety reserves the right, but is not obligated, to review, moderate, and remove feedback or reviews at its sole discretion. This includes removing content that is deemed offensive, inappropriate, or in violation of these ToS or any applicable laws.
Grounds for Removal: Feedback or reviews may be removed if they contain:

Inappropriate, offensive, or abusive language.
False, misleading, or deceptive information.
Personal attacks or harassment.
Spam or promotional content.
Confidential or sensitive information.
Violations of intellectual property rights.

User Responsibilities

Respectful Conduct: Users are expected to conduct themselves respectfully and professionally when submitting feedback and reviews. This includes refraining from personal attacks, harassment, and defamatory statements.
Compliance with Laws: Users must comply with all applicable laws and regulations when submitting feedback and reviews. This includes, but is not limited to, laws related to defamation, privacy, and intellectual property.

No Endorsement

Independent Opinions: Feedback and reviews submitted by users are the independent opinions of the respective users and do not reflect the opinions or endorsements of Ariba Safety. Ariba Safety does not endorse any user feedback or reviews.
No Liability: Ariba Safety is not liable for any feedback or reviews submitted by users, including any errors, omissions, or inaccuracies. Users are solely responsible for the content of their feedback and reviews.

Contact for Feedback and Reviews

Submission Methods: Users can submit feedback and reviews through the following methods:

Email: CSR@AribaSafety.com
Website: Through the designated feedback or review sections on the Ariba Safety website.
Mail: Ariba Safety, 667 Welham Rd #5A, Barrie, ON L4N 0B7

Response to Feedback: While Ariba Safety welcomes feedback and reviews, we may not respond to every submission. However, we strive to consider all feedback in our continuous effort to improve our products and services.

Incentives for Feedback

Voluntary Participation: Any incentives offered by Ariba Safety for providing feedback or reviews are voluntary and subject to the specific terms and conditions of the incentive program.
Disclosure of Incentives: If you receive any incentives in exchange for submitting feedback or reviews, you must disclose this information in your submission to ensure transparency and compliance with applicable laws.

Confidential Information

No Confidentiality: Ariba Safety does not seek or want to receive confidential or proprietary information from users through feedback and reviews. Any feedback or reviews submitted to Ariba Safety will be considered non-confidential and non-proprietary.
Responsibility for Confidentiality: Users are responsible for ensuring that their feedback and reviews do not contain any confidential or proprietary information of third parties.

XXII. User-Generated Content Policy

Definition and Scope

User-Generated Content (UGC): User-Generated Content includes but is not limited to text, images, videos, reviews, comments, feedback, and other content that users create and submit to the Ariba Safety website or services.
Applicability: This User-Generated Content Policy applies to all UGC submitted by users, whether publicly posted on the website or privately transmitted to Ariba Safety.

Submission of Content

Voluntary Contribution: By submitting UGC, you agree that your contributions are voluntary, and you have the legal right to submit the content without violating any laws or the rights of others.
Accuracy and Authenticity: You agree to provide accurate, truthful, and authentic content. Misrepresentation of any kind is prohibited.

Ownership and Rights

Your Ownership: You retain ownership of any UGC you submit. However, by submitting UGC, you grant Ariba Safety a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media.
Third-Party Rights: By submitting UGC, you represent and warrant that you have all necessary rights and permissions to grant the license described above, and that your content does not infringe upon the intellectual property rights, privacy rights, or any other rights of any third party.

Prohibited Content

Inappropriate Content: Users are prohibited from submitting UGC that is:

Offensive, abusive, defamatory, or obscene.
Fraudulent, misleading, or deceptive.
Violating any laws or regulations.
Infringing on the intellectual property or privacy rights of others.
Containing personal attacks or harassment.
Spam or advertising unrelated to the content or purpose of the website.

Harmful Content: Users must not submit UGC that contains viruses, malware, or any other harmful code that could damage or interfere with the operation of the website or services.

Moderation and Removal

Right to Monitor: Ariba Safety reserves the right, but is not obligated, to monitor, review, and remove UGC at its sole discretion. This includes content that violates these ToS or is deemed inappropriate for any reason.
User Responsibility: Users are solely responsible for the content they submit. Ariba Safety assumes no liability for any UGC posted by users.

Reporting Violations

How to Report: Users can report any UGC that they believe violates these ToS by contacting our Customer Service team at CSR@AribaSafety.com.
Investigation and Action: Ariba Safety will investigate reported violations and take appropriate action, which may include removing the content and/or terminating the user’s account.

Use of User-Generated Content

Public Display: UGC may be publicly displayed on the Ariba Safety website or other platforms. By submitting UGC, you consent to its public display and use.
Attribution: Ariba Safety may attribute UGC to the username or other identifier provided by the user, but is not obligated to do so.

Indemnification

User Indemnity: You agree to indemnify, defend, and hold harmless Ariba Safety, its affiliates, and their respective officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to your UGC, including but not limited to claims alleging infringement or violation of any third-party rights.

No Endorsement

Independent Opinions: UGC submitted by users are the independent opinions of the respective users and do not reflect the opinions or endorsements of Ariba Safety. Ariba Safety does not endorse any UGC.
No Liability: Ariba Safety is not liable for any UGC submitted by users, including any errors, omissions, or inaccuracies. Users are solely responsible for the content of their UGC.

Contact Information

Customer Service Contact: For any questions about this User-Generated Content Policy, please contact us at:

Email: CSR@AribaSafety.com
Mailing Address: Ariba Safety, 667 Welham Rd #5A, Barrie, ON L4N 0B7

XXIV. Environmental and Safety Regulations

Compliance with Environmental Laws

Legal Requirements: Ariba Safety is committed to complying with all applicable environmental laws and regulations in the sale and distribution of products. This includes, but is not limited to, laws related to the disposal of hazardous materials, waste management, and pollution control.
User Responsibility: Users are responsible for ensuring that their use of products purchased from Ariba Safety complies with all applicable environmental laws and regulations. This includes proper disposal of any hazardous materials and adherence to local environmental guidelines.

Product Safety

Safety Standards: Ariba Safety ensures that all products sold meet relevant safety standards and regulations. This includes compliance with Canadian safety standards and any other applicable international standards.
Safety Instructions: Users must follow all safety instructions and guidelines provided with the products. Failure to adhere to safety instructions may result in injury, damage, or non-compliance with safety regulations.

Hazardous Materials

Identification and Handling: Products that contain hazardous materials will be clearly identified and accompanied by appropriate handling instructions. Users are responsible for handling such materials in accordance with provided guidelines and relevant regulations.
Disposal: Proper disposal of hazardous materials is critical for environmental protection. Users must dispose of hazardous materials in accordance with local, provincial, and federal regulations. Ariba Safety provides information and guidance on the proper disposal methods for the products we sell.

Recycling and Waste Management

Recycling Programs: Ariba Safety supports recycling programs and encourages users to recycle products and packaging materials where possible. Information on recycling programs and facilities can be found on our website or provided upon request.
Waste Reduction: Users are encouraged to reduce waste by reusing and recycling products and materials. Ariba Safety strives to use environmentally friendly packaging and minimize waste in its operations.

Health and Safety Information

Material Safety Data Sheets (MSDS): For products that require it, Ariba Safety provides Material Safety Data Sheets (MSDS) that include information on the safe use, handling, and disposal of the product. Users can request MSDS for specific products by contacting our Customer Service team.
Training and Education: Ariba Safety provides resources and training materials to educate users on the safe use and handling of our products. Users are encouraged to utilize these resources to ensure compliance with health and safety regulations.

Reporting and Compliance

Incident Reporting: Users must report any incidents involving the use of Ariba Safety products that result in injury, environmental harm, or regulatory non-compliance to Ariba Safety immediately. This helps us address safety concerns and improve our products and processes.
Compliance Verification: Ariba Safety reserves the right to verify compliance with environmental and safety regulations through audits, inspections, and other measures. Users agree to cooperate with any compliance verification efforts.

Liability and Indemnification

User Liability: Users are liable for any non-compliance with environmental and safety regulations arising from their use of Ariba Safety products. This includes liability for improper handling, disposal, or use of hazardous materials.
Indemnification: Users agree to indemnify, defend, and hold harmless Ariba Safety, its affiliates, and their respective officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to the user’s non-compliance with environmental and safety regulations.

Continuous Improvement

Sustainability Commitment: Ariba Safety is committed to continuous improvement in environmental sustainability and safety practices. We regularly review and update our policies and procedures to reflect best practices and regulatory changes.
User Feedback: Ariba Safety welcomes user feedback on environmental and safety issues. Users can submit their suggestions and concerns to our Customer Service team to help us enhance our practices and product offerings.

Contact Information

Customer Service Contact: For any questions or concerns about environmental and safety regulations, please contact us at:

Email: CSR@AribaSafety.com
Mailing Address: Ariba Safety, 667 Welham Rd #5A, Barrie, ON L4N 0B7

XXV. Digital Millennium Copyright Act (DMCA) Policy

General Policy

Commitment to Compliance: Ariba Safety is committed to complying with the Digital Millennium Copyright Act (DMCA) and to responding promptly to claims of copyright infringement. This DMCA Policy outlines our procedures for addressing alleged copyright infringement and informs copyright owners of their rights and responsibilities.
DMCA Compliance: Ariba Safety operates in accordance with the provisions of the DMCA, 17 U.S.C. § 512, and other applicable intellectual property laws. We respect the intellectual property rights of others and expect our users to do the same.

Designated Agent

DMCA Agent: Ariba Safety has designated a DMCA Agent to receive notifications of claimed copyright infringement. The designated DMCA Agent for Ariba Safety is:

Name: Lorii Myers
Title: Compliance Officer
Email: CSR@AribaSafety.com
Mailing Address: Ariba Safety, 667 Welham Rd #5A, Barrie, ON L4N 0B7

Notification of Claimed Infringement

Proper Notification: If you believe that your copyrighted work has been infringed, you must provide a written notification to our DMCA Agent that includes the following information:

Identification: A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest.
Description: A description of the copyrighted work that you claim has been infringed.
Location: A description of where the material that you claim is infringing is located on the website.
Contact Information: Your address, telephone number, and email address.
Statement of Good Faith: A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
Statement of Accuracy: A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Submission of Notice: Notifications of claimed infringement should be sent to our designated DMCA Agent, Lorii Myers, at CSR@AribaSafety.com or mailed to Ariba Safety, 667 Welham Rd #5A, Barrie, ON L4N 0B7.

Counter-Notification

Counter-Notification Requirements: If you believe that your content was removed or disabled by mistake or misidentification, you may file a counter-notification with our DMCA Agent. The counter-notification must be in writing and include the following information:

Identification: Your physical or electronic signature.
Description: Identification of the material that has been removed or to which access has been disabled and the location where the material appeared before it was removed or access was disabled.
Statement of Good Faith: A statement by you, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
Contact Information: Your name, address, telephone number, and email address, and a statement that you consent to the jurisdiction of the federal court in your district, or if your address is outside of the United States, for any judicial district in which Ariba Safety may be found, and that you will accept service of process from the person who provided the original notification of the alleged infringement or an agent of such person.

Submission of Counter-Notice: Counter-notifications should be sent to our designated DMCA Agent, Lorii Myers, at CSR@AribaSafety.com or mailed to Ariba Safety, 667 Welham Rd #5A, Barrie, ON L4N 0B7.

Procedures Upon Receipt of Notification

Review of Notification: Upon receipt of a proper DMCA notification of claimed infringement, Ariba Safety will review and investigate the claim. If we determine that the content in question is infringing, we will remove or disable access to the material promptly.
Notification to User: If we remove or disable access to content in response to a DMCA notification, we will make a good faith effort to contact the user who posted the content and provide them with a copy of the notification, along with instructions on how to file a counter-notification.
Handling Counter-Notification: If a counter-notification is received, Ariba Safety will forward a copy to the original complaining party. Unless the original complaining party files an action seeking a court order against the alleged infringer, the removed content will be restored or access to it will be re-enabled within 10 to 14 business days after receipt of the counter-notification.

Repeat Infringer Policy

Termination of Accounts: In accordance with the DMCA and other applicable laws, Ariba Safety has adopted a policy of terminating, in appropriate circumstances and at Ariba Safety’s sole discretion, users who are deemed to be repeat infringers. Ariba Safety may also, at its sole discretion, limit access to the website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Misrepresentation

False Claims: Any person who knowingly materially misrepresents that material or activity is infringing or that material or activity was removed or disabled by mistake or misidentification may be liable for damages, including costs and attorneys' fees, under the DMCA.

No Legal Advice

Information Purposes Only: This DMCA Policy is provided for informational purposes only and should not be construed as legal advice. If you have any questions about your rights and obligations under the DMCA or any other laws, you should seek legal advice.

Contact Information

DMCA Agent Contact: For any questions or concerns about this DMCA Policy, please contact our designated DMCA Agent:

Name: Lorii Myers
Email: CSR@AribaSafety.com
Mailing Address: Ariba Safety, 667 Welham Rd #5A, Barrie, ON L4N 0B7

XXVI. Escalation Procedures

Purpose and Scope

Purpose: The purpose of these Escalation Procedures is to provide a structured process for resolving disputes, issues, and concerns that may arise in the course of using Ariba Safety’s website and services. These procedures are designed to ensure that all matters are addressed promptly, fairly, and efficiently.
Scope: These procedures apply to all users of the Ariba Safety website and services, including customers, vendors, and other stakeholders. The procedures are intended to cover disputes related to transactions, product issues, service concerns, and any other matters that require resolution.

Initial Contact

Customer Service: All disputes, issues, or concerns should initially be directed to Ariba Safety’s Customer Service team. Users can contact Customer Service via:

Email: CSR@AribaSafety.com
Mailing Address: Ariba Safety, 667 Welham Rd #5A, Barrie, ON L4N 0B7

Initial Response: Customer Service will make every effort to respond to initial inquiries within two business days. The team will attempt to resolve the issue promptly and to the satisfaction of the user.

Escalation Process

Unresolved Issues: If the issue cannot be resolved by Customer Service to the user’s satisfaction, the matter will be escalated to a higher level of management within Ariba Safety. Users will be informed of the escalation and provided with an estimated timeline for further investigation and resolution.
Formal Escalation Request: Users who wish to escalate an issue formally must submit a written request detailing the nature of the dispute, the steps already taken to resolve it, and the desired outcome. This request can be submitted to Customer Service, who will forward it to the appropriate escalation contact.

Management Review

Internal Review: Upon receipt of a formal escalation request, the issue will be reviewed by senior management or an appointed escalation team. This review will involve an assessment of all relevant information, including user communications, transaction records, and any other pertinent details.
User Communication: During the review process, Ariba Safety will maintain regular communication with the user to provide updates on the status of the escalation. Users may be asked to provide additional information or documentation to assist in the review.

Resolution and Notification

Decision: After completing the review, senior management will make a decision regarding the resolution of the issue. The decision will be based on the findings of the review and in accordance with Ariba Safety’s policies and procedures.
Notification of Outcome: The user will be notified of the decision in writing. This notification will include a summary of the review process, the findings, and the final resolution. If applicable, the notification will also outline any further steps that will be taken to address the issue.

Further Escalation

Additional Remedies: If the user is not satisfied with the resolution provided by senior management, they may request a further review by the Chief Operating Officer (COO) or another designated executive within Ariba Safety. This request must be made in writing and include a detailed explanation of why the user believes the initial resolution was inadequate.
Final Decision: The decision made by the COO or designated executive will be final and binding. Ariba Safety will communicate this final decision to the user in writing.

External Dispute Resolution

Legal Remedies: If the user remains dissatisfied after exhausting the internal escalation procedures, they may seek external dispute resolution through legal means. Users are advised to consult with legal counsel to understand their rights and options.
Jurisdiction: Any legal disputes arising out of or related to these Escalation Procedures shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to its conflict of law principles. Users agree to submit to the exclusive jurisdiction of the courts of Ontario, Canada.

Record Keeping

Documentation: Ariba Safety will maintain records of all escalation requests, reviews, and resolutions for a minimum period of three years. These records will be used to monitor the effectiveness of the escalation procedures and to identify areas for improvement.
Confidentiality: All information related to the escalation process will be treated as confidential and will only be shared with individuals involved in the resolution of the issue, unless otherwise required by law.

Continuous Improvement

Feedback and Monitoring: Ariba Safety values user feedback and uses it to continuously improve our escalation procedures. Users are encouraged to provide feedback on their experience with the escalation process.
Policy Updates: Ariba Safety may update these Escalation Procedures as necessary to reflect changes in our operations or legal requirements. Users will be notified of any significant updates in accordance with the notice provisions in these ToS.

Contact Information

Request for Escalation Contact: To request escalation contact information, users should first establish contact with Customer Service. Upon validation of the escalation request, Customer Service will provide the necessary contact details for further escalation.
Customer Service Contact: For any questions or concerns about these Escalation Procedures, please contact us at:

Email: CSR@AribaSafety.com
Mailing Address: Ariba Safety, 667 Welham Rd #5A, Barrie, ON L4N 0B7

XXVII. Record-Keeping and Audits

Record-Keeping Policy

Commitment to Accuracy: Ariba Safety is committed to maintaining accurate and complete records of all transactions, communications, and activities related to our business operations. This includes but is not limited to sales records, customer communications, financial transactions, and compliance documentation.
Retention Period: Ariba Safety will retain records for a minimum period of seven years or as required by applicable laws and regulations. Certain records may be retained for longer periods if deemed necessary for legal, regulatory, or business purposes.

Types of Records Maintained

Transaction Records: Detailed records of all sales transactions, including order details, payment information, shipping records, and customer interactions, are maintained to ensure transparency and accuracy.
Financial Records: Comprehensive financial records, including invoices, receipts, payment records, and financial statements, are maintained in accordance with generally accepted accounting principles (GAAP) and regulatory requirements.
Compliance Records: Records related to compliance with environmental, safety, and legal regulations are meticulously maintained. This includes documentation of compliance audits, certifications, and incident reports.
Communication Records: Records of communications with customers, suppliers, and other stakeholders, including emails, phone call logs, and written correspondence, are maintained to ensure accountability and traceability.

Security and Confidentiality

Data Security: Ariba Safety employs robust security measures to protect the integrity and confidentiality of our records. This includes the use of encryption, access controls, and secure storage solutions.
Access Controls: Access to records is restricted to authorized personnel only. Employees are granted access based on their role and responsibilities, ensuring that sensitive information is protected from unauthorized access.
Confidentiality Agreements: All employees and contractors with access to sensitive records are required to sign confidentiality agreements. These agreements obligate them to protect the confidentiality of the information and prohibit unauthorized disclosure.

Audit Policy

Internal Audits: Ariba Safety conducts regular internal audits to ensure compliance with our record-keeping policies and to identify any discrepancies or areas for improvement. Internal audits are performed by our internal audit team or designated personnel.
External Audits: Ariba Safety may engage third-party auditors to conduct external audits of our records and processes. External audits provide an independent assessment of our compliance with legal, regulatory, and industry standards.
Audit Frequency: Internal audits are conducted on a semi-annual basis, while external audits are conducted annually or as required by regulatory bodies. Additional audits may be conducted in response to specific incidents or at the discretion of management.

User Rights and Responsibilities

Access to Records: Users have the right to request access to their personal records maintained by Ariba Safety. Requests for access must be submitted in writing to our Customer Service team, and Ariba Safety will respond within a reasonable timeframe, typically within 30 days.
Correction of Records: Users have the right to request corrections to their personal records if they believe the information is inaccurate or incomplete. Requests for corrections must be submitted in writing, and Ariba Safety will make the necessary updates promptly.
Record Requests: Users can request copies of their transaction records, communication logs, and other relevant documents by contacting Customer Service. Requests must specify the type of records needed and the reason for the request.

Legal and Regulatory Compliance

Compliance with Laws: Ariba Safety’s record-keeping practices comply with all applicable local, provincial, federal, and international laws and regulations. This includes compliance with data protection laws, financial reporting requirements, and industry-specific regulations.
Regulatory Reporting: Ariba Safety will provide records to regulatory authorities as required by law. This includes responding to subpoenas, court orders, and other legal requests for information.

Record Disposal

Disposal Policy: Records that are no longer required to be retained under our retention policy will be securely disposed of. Disposal methods include shredding, digital deletion, and other secure disposal techniques to ensure that confidential information is not compromised.
Documentation of Disposal: Ariba Safety maintains documentation of all disposed records, including the date and method of disposal. This documentation is retained to provide an audit trail and to verify compliance with our disposal policies.

Continuous Improvement

Policy Review: Ariba Safety regularly reviews and updates our record-keeping and audit policies to ensure they remain effective and compliant with evolving legal and regulatory requirements.
Employee Training: Employees receive regular training on record-keeping practices, data security, and compliance requirements. This training ensures that all personnel understand their responsibilities and the importance of maintaining accurate and secure records.

Contact Information

Customer Service Contact: For any questions or concerns about our record-keeping and audit policies, please contact us at:

Email: CSR@AribaSafety.com
Mailing Address: Ariba Safety, 667 Welham Rd #5A, Barrie, ON L4N 0B7