Terms & Conditions

Site terms of use

1. The following are terms of a legal agreement between you (“User”) and SpiderTech Inc. By accessing, browsing and/or using this site ("Site"), you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, you cannot use this Site.
   
   
   
2.  These terms and conditions are subject to change without prior written notice at any time, in SpiderTech's sole discretion.
   
   
   
3. The content provided on this Site is protected by law, including, but not limited to, United States and Canadian copyright and trade-mark laws and international treaties. User may download content only for personal use for non-commercial purposes but no modification or further reproduction of the content is permitted. The content may otherwise not be copied or used in any way.
   
   
   
4. This Site is controlled and operated by SpiderTech Inc. from its offices within Canada. SpiderTech Inc. makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. If you choose to access this Site from other locations, you do so on your own initiative and are responsible for compliance with your applicable local laws.
   
   
   
5. SpiderTech Inc. uses reasonable efforts to include up-to-date and accurate information in this Internet site, but makes no representations, warranties, or assurances as to the accuracy, currency, or completeness of the information provided.  ALL INFORMATION ON THIS WEB SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SPIDERTECH ASSUMES NO LIABILITY FOR ANY INJURY, LOSS, DAMAGE, OR EXPENSE FROM YOUR USE OF THIS SITE OR ANY ERRORS OR OMISSIONS IN THE INFORMATION PROVIDED, WHETHER ARISING IN CONTRACT, TORT, OR OTHERWISE.
   
   
   
6. UNDER NO CIRCUMSTANCES SHALL SPIDERTECH INC. BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, HOWSOEVER ARISING, INCLUDING WITHOUT LIMITATION ANY LOST PROFIT OR INTANGIBLE LOSSES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SITE.
   
   
   
7. Links to third parties’ web sites may appear on SpiderTech’s Site as a convenience to you. Such links may allow you to leave the Site. The linked sites are not under SpiderTech’s control and SpiderTech Inc. is not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such sites. SpiderTech Inc. does not endorse the sites or their use or contents, and shall not be liable for damages or injuries arising from that content.
   
   
   
8. If you purchase any SpiderTech product through the Site, you acknowledge that you have read and agree to be bound by the Terms and Conditions of Sale, available at www.nucapmedical.com.
   
   
   
9. SpiderTech’s failure to exercise or enforce any right or provision of this Site Terms of Use shall not constitute a waiver of such right or provision. If any provision of this Site Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Site Terms of Use remain in full force and effect. You agree that any claim relating to, and the use of, this Site and the materials contained herein is governed by the laws of the province of Ontario and the laws of Canada applicable therein, excluding any principles of conflicts of law.
   
   
   
10. SpiderTech’s Privacy Policy outlining SpiderTech’s collection, use and disclosure of Users’ personal information is available at www.nucapmedical.com.

Terms and Conditions of Sale

1. This Agreement contains the terms and conditions that apply to your purchase from SpiderTech Inc. by you ("Customer") of any products (“Products”) made available for sale by SpiderTech Inc., whether through SpiderTech’s website or through other media. By accepting delivery of the Products, Customer agrees to be bound by and accepts these terms and conditions.
   
   
   
2. THESE TERMS AND CONDITIONS APPLY UNLESS THE CUSTOMER HAS SIGNED A SEPARATE PURCHASE AGREEMENT WITH SPIDERTECH, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN.
   
   
   
3. These terms and conditions are subject to change without prior written notice at any time, in SpiderTech's sole discretion.
   
   
   
4. All Products being sold are intended for use by professional health practitioners only. Products must be used by qualified and trained individuals. When purchasing Products, the Customer acknowledges that there may be health or safety issues associated with their use. The Customer represents and warrants SpiderTech Inc. that the Customer is fully aware and knowledgeable about (I) the health and safety implications associated with the use of Products purchased; and (II) the need to adequately warn of health and safety implications associated with Products to Customer’s patients or other third parties to whom the Customer provides the Products.  The Customer shall use the Product only as directed in the documentation and on the packaging of the Product, and in accordance with any applicable terms and conditions of use. SPIDERTECH INC. ASSUMES NO LIABILITY FOR ANY INJURY, LOSS, DAMAGE, OR EXPENSE FROM USE OR MISUSE OF PRODUCTS, WHETHER ARISING IN CONTRACT, TORT, OR OTHERWISE.
   
   
   
5. WRITTEN REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS ON PARTICULAR PRODUCTS MAY ACCOMPANY DELIVERY OF THOSE PRODUCTS. OTHER THAN THOSE WRITTEN REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS, SPIDERTECH INC. DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS ON THE PRODUCTS, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
   
   
   
6. IN NO EVENT SHALL SPIDERTECH INC. OR ANY OF ITS OFFICERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION LOST PROFITS. IN CONSIDERATION OF THE SALE OF PRODUCTS TO CUSTOMER, THE CUSTOMER AGREES TO INDEMNIFY AND HOLD SPIDERTECH INC., OR ANY OF ITS OFFICERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES HARMLESS FROM ANY AND ALL CLAIMS, EXPENSES, LOSSES AND LIABILITY OF ANY NATURE WHATSOEVER ARISING OUT OF CUSTOMER'S USE OR DISTRIBUTION OF PRODUCT, WHETHER USED ALONE OR IN COMBINATION WITH ANY OTHER PRODUCT, WHERE SUCH USE IS NOT SPECIFICALLY SET OUT AS PROPER IN THE DOCUMENTATION ACOMPANYING THE PRODUCT.
   
   
   
7. SpiderTech’s failure to exercise or enforce any right or provision of these Terms and Conditions of Sale shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions of Sale is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms and Conditions of Sale remain in full force and effect.These Terms and Conditions of Sale and any sales of Products thereunder shall be deemed to have been made in the province of Ontario and shall be construed and interpreted according to the laws of the province of Ontario and the applicable laws of Canada. The parties hereby agree to the non-exclusive jurisdiction of the Courts of the province of Ontario, excluding any principles of conflicts of law.
   
   
   
8. SpiderTech Inc. reserves the right to change, alter, and/or modify at anytime any of their SpiderTech products without prior notice and/or approval. Products may not be exactly as shown on the website.