These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website. The terms ‘Darto Express’ or ‘Birkstar Edge Enterprises’ or ‘Birkstar’ or ‘us’ or ‘we’ refers to the owner of the website.  The term ‘you’ refers to the user or viewer of our website. The term “Site” refers to darto.ca.  This document is a legally binding agreement between you, a person who decides to purchase our service or obtain information from “the Site”, and Birkstar. You must be at least 18 years of age to use this Site.  By using this Site and by agreeing to these terms and conditions, you warrant and represent that you are at least 18 years of age.  This website uses cookies.  By using this website and agreeing to these terms and conditions, you consent to Birkstar’s use of cookies in accordance with the terms of Birkstar’s privacy policy.

License to use the Site

Unless otherwise stated, Birkstar and/or its licensors own the intellectual property rights in the website and material on the website.  Subject to the license below, all these intellectual property rights are reserved. You may view, download for educational purposes only, and print pages from the Site for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.  You must not: republish material from this Site (including republication on another website); sell, rent, or sub-license material from the Site; show any material from the Site in public; reproduce, duplicate, copy or otherwise exploit material on this Site for a commercial purpose; edit or otherwise modify any material on the Site; or redistribute material from this Site (except for content specifically and expressly made available for redistribution). Where content is specifically made available for redistribution, it may only be redistributed within your organization. 

Acceptable use

You must not use this Site in any way that causes, or may cause, damage to the Site or impairment of the availability or accessibility of the Site; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use this Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to this Site without Birkstar’s express written consent. You must not use this Site to transmit or send unsolicited commercial communications. You must not use this Site for any purposes related to marketing without Birkstar’s express written consent.

Restricted access

Access to certain areas of this Site may be restricted. Birkstar reserves the right to restrict access to other areas of this Site, or indeed this entire Site, at Birkstar’s discretion. If Birkstar provides you with a user ID and password to enable you to access restricted areas of this Site or other content or services, you must ensure that the user ID and password are kept confidential. Birkstar may disable your user ID and password at Birkstar’s sole discretion without notice or explanation.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material, and audio-visual material) that you submit to this website, for whatever purpose. You grant to Birkstar a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant Birkstar the right to sub-license these rights, and the right to bring an action for infringement of these rights. Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Birkstar or a third party (in each case under any applicable law). You must not submit any user content to the Site that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaints. Birkstar reserves the right to edit or remove any material submitted to this Site, or stored on Birkstar’s servers, or hosted or published upon this Site. Notwithstanding Birkstar’s rights under these terms and conditions in relation to user content, Birkstar does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

No warranties

This web Site is provided “as is” without any representations or warranties, express or implied. Birkstar makes no representations or warranties in relation to this web Site or the information and materials provided on this Site. Without prejudice to the generality of the foregoing paragraph, Birkstar does not warrant that: this web Site will be constantly available, or available at all; or the information on this web Site is complete, true, accurate, or non-misleading. Nothing on this website constitutes or is meant to constitute, advice of any kind. If you require advice in relation to any matter you should consult an appropriate professional.

Limitations of liability

Birkstar will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this web Site: to the extent that the web Site is provided free-of-charge, for any direct loss; for any indirect, special or consequential loss; or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.  These limitations of liability apply even if Birkstar has been expressly advised of the potential loss.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.  If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, Birkstar has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Birkstar’s officers or employees in respect of any losses you suffer in connection with the Site.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this web Site disclaimer will protect Birkstar’s officers, employees, agents, subsidiaries, successors, assigns, and sub-contractors as well as Birkstar.

Unenforceable provisions

If any provision of this web Site disclaimer is or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this web Site disclaimer.

Indemnity

You hereby indemnify and undertake to keep Birkstar indemnified against any losses, damages, costs, liabilities, and expenses (including without limitation legal expenses and any amounts paid by Birkstar to a third party in settlement of a claim or dispute on the advice of Birkstar’s legal advisers) incurred or suffered by Birkstar arising out of any breach by you or by users of your account of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions. Birkstar will not be liable for any damages or costs arising from the use or performance of this Site or the content of this Site, or other contents you may access through this Site. 

Terms of Purchase and Use

You and Darto Express mutually acknowledge the following terms: a) that given the nature of Darto’s business, it cannot assure or accept financial responsibility for the consequences arising from the loss of goods or the failure to deliver within a specified date or time. Under no circumstances, including fundamental breach of contract, breach of fundamental contract term, negligence, or gross negligence of Darto, its employees, or agents—whether resulting from misdelivery, failure to deliver, or delivery delay—shall Darto be held liable. This applies to suits brought by the contracting party directly with Darto or by a third party, whether in contract, tort, or otherwise, for indirect or consequential damages, loss of use, or loss of earnings or profits. Darto’s liability for any loss, theft, damage, or injury to a shipment is limited to $70.00.

b) Darto Express will not assume liability for loss, theft, delay, or damage unless written notice is received within 30 days of the contract date.

c) No employee, agent, or representative of Darto is authorized to alter or add provisions to this agreement.

Service Contractors:

• When service is provided by independent contractors that are not Darto employees, responsibility for loss, damage or unsatisfactory workmanship lies with the contractor providing the service.

• Severe weather, such as heavy rain when roads are unsafe, or during periods of social unrest or government restrictions and curfews may disrupt service availability.

Breaches of these terms and conditions

Without prejudice to Birkstar’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Birkstar may take such action as Birkstar deems appropriate to deal with the breach, including suspending your access to the web Site, prohibiting you from accessing the web Site, blocking computers using your IP address from accessing the web Site, contacting your internet service provider to request that they block your access to the web Site and/or bringing court proceedings against you.

Variation

Birkstar may revise these terms and conditions from time to time.  Revised terms and conditions will apply to the use of this Site from the date of the publication of the revised terms and conditions on this Site.  Please check this page regularly to ensure you are familiar with the current version.

Assignment

Birkstar may transfer, sub-contract, or otherwise deal with Birkstar’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract, or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions, together with documents constitute the entire agreement between you and Birkstar in relation to your use of this Site, and supersede all previous agreements in respect of your use of this Site.

Registrations and authorizations

The parent company of Darto Express is Birkstar Edge Enterprises Limited and is registered in Canada.

You can contact us by email at admin@darto.ca.