Privacy Policy & Terms of Use

FOREMOST PRIVACY POLICY & TERMS OF USE

 

Welcome to the Foremost® Canada website (the “Site”). The products and services of the Site are offered to you by Foremost International Ltd. (“Foremost”, “we” or “us”) subject to the following terms and conditions. By using the Site and the products and services offered through them, you signify that you have read, understand and agree to be bound by these terms and conditions of use and all related rules, policies, conditions and guidelines and privacy policy (collectively, these “Terms of Use”).

 

Modification

To the extent permissible by applicable law, we may amend these Terms of Use from time to time in our sole discretion, without specific notice to you; provided, however, that any amendment or modification to pricing and/or billing provisions (“Billing Provisions”) shall not apply to any charges incurred prior to the applicable amendment or modification. The latest Terms of Use will be posted on the Site, and you should review these Terms of Use prior to using the Site. By your continued use of the Site, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within these Terms of Use effective at that time (other than with respect to charges incurred prior to the amendment or modification of the Billing Provisions, which shall be governed by the Billing Provisions then in effect at the time of the incurred charges). Therefore, you should regularly check these Terms of Use for updates and/or changes.

 

Purchases

Upon placing a purchase order on the Site, you will be required to provide your credit card information (“Active Credit Card”) which will be charged the applicable amount depending on your purchase. All purchase prices on the Site are expressed in Canadian currency and are payable in Canadian currency. Subject to the conditions set forth herein, you agree to be bound by the Billing Provisions of Foremost in effect at any given time. Upon reasonable prior written notice to you (with e-mail sufficing), Foremost reserves the right to change its Billing Provisions whenever necessary, in its sole discretion. Continued use of the Site after receipt of such notice shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the Billing Provisions shall not apply to any charges incurred prior to the applicable amendment or modification. Foremost’s authorization to provide and bill in connection with the services available on the Site is obtained by way of your electronic signature or, where applicable, via physical signature and/or voice affirmation. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency.

 

Return Policy

We are confident that you will be satisfied with the products you purchase from Foremost. We understand, however, that sometimes a product may not be what you expected it to be. In that unlikely event, we invite you to review the following terms related to returning a product.

For any undamaged product, simply ship the product along with the original invoice to the return address within 30 days of the date you purchased the product, and we’ll offer a refund based upon the original payment method. In addition, please note the following:

  • Should you wish to return a product, you will be responsible for paying the shipping and handling fees to return the product to us. We do not reimburse purchasers for the costs incurred to facilitate the return process.
  • The amount of the refund will be the purchase price of the product, exclusive of the cost of shipping and handling.
  • Refunds are conditional upon the product passing an inspection upon its return to confirm that the product is still in good working order.

 

License Grant and Proprietary Rights

The Site (including all content, page headers, custom graphics, button icons, and scripts and the presentation, arrangement, coordination, and other information in text, graphical, video and audio forms, images, icons, software, designs, applications, data, and other elements available on or through the Site) is the property of Foremost and others, and is protected by Canadian and international copyright, trademark and other laws. The Foremost name and logo are trademarks of Foremost International Ltd. All other trademarks are the property of their respective owners. The use of any Foremost trademark without Foremost’s express written consent is strictly prohibited. The posting of information or material on the Site by Foremost does not constitute a waiver of any right in or to such information and/or materials. Foremost reserves all rights not expressly granted hereunder.

Your use of the Site does not transfer to you any ownership or other rights in the Site or its content. The Site is made available to you for your lawful, personal use only. You may use the Site only in the manner described expressly in this Agreement and subject to all applicable laws. Using the Site for any other purpose or in any other manner is strictly prohibited.

You may print pages from the Site provided that you do not modify any of the pages and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers.

The Site and its content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the express prior written consent of Foremost. You may not sell or resell any part of the Site or access to the Site. You may not use any of the software that is used in the operation or provision of the Site except while you are using the Site in accordance with this Agreement.

 

Indemnification

To the fullest extent permissible by applicable law, you agree to indemnify, defend, and hold Foremost, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees and expenses, resulting from, or alleged to result from, your violation of these Terms of Use.

 

Disclaimer of Warranties and Limitation of Liability

THE WEBSITE AND THE INFORMATION OR MATERIALS HEREIN ARE PROVIDED ON AN “AS IS, WHERE IS” BASIS. FOREMOST MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, OR ARISING BY STATUTE, USAGE OR TRADE, CUSTOM OR OTHERWISE, OF ANY KIND WITH RESPECT TO THE WEBSITE OR THE SITE CONTENT. FOREMOST DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, OR ARISING BY STATUTE, USAGE OR TRADE, CUSTOM OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BY USING OR ATTEMPTING TO USE THE WEBSITE, YOU EXPRESSLY ACKNOWLEDGE THAT FOREMOST MAKES NO WARRANTIES, REPRESENTATIONS OR CONDITIONS REGARDING THE SITE CONTENT INCLUDING BUT NOT LIMITED TO CURRENCY, ACCURACY OR COMPLETENESS; AND (ii) THE SITE MAY INCLUDE LINKS TO THIRD PARTY SITES OVER WHICH FOREMOST HAS NO CONTROL. FOREMOST PROVIDES NO ENDORSEMENT OR REPRESENTATION OF ANY KIND REGARDING THE PRODUCTS, SERVICES, CONTENT OR APPROPRIATENESS OF CONTENT OF SUCH THIRD PARTY SITES, AND YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST FOREMOST WITH RESPECT TO SUCH THIRD PARTY SITES.

EXCEPT AS SPECIFICALLY STATED ON THE WEBSITE, NONE OF FOREMOST, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE, OR ANY HYPERLINKED WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.

PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.

WHILE WE TAKE GREAT CARE TO ENSURE OUR ADVERTISING IS ACCURATE, MISTAKES MAY OCCUR. WHEN A MISTAKE IS NOTICED WE WILL CORRECT IT AS SOON AS POSSIBLE AND WILL NOTIFY CUSTOMERS WHO ARE AFFECTED. WHERE NECESSARY, AN ORDER MAY BE CANCELLED PRIOR TO SHIPPING THE PRODUCT. ALL PRICES QUOTED ARE IN CANADIAN DOLLARS.

FOREMOST RESERVES THE RIGHT TO LIMIT QUANTITIES.

 

User Information

Except where expressly provided otherwise by us in these Terms of Use, and subject to the Foremost’s Privacy Policy set out below, all comments, information, data and/or materials that you submit through or in association with this Site shall be considered non-confidential.

 

Applicable Law

These Terms of Use shall be treated as though it were executed and performed in Toronto, Ontario and shall be governed by and construed in accordance with the laws of the Province of Ontario (without regard to conflict of law principles).

 

Limited Product Warranty

Foremost provides a limited product warranty in respect of certain of its products. For a copy of our limited product warranty, click here.

Our limited warranty applies only to the original purchaser and installation of these products. All de-installation and re-installation and transportation costs or charges incidental to warranty services are to be borne by the owner. In no event will Foremost be liable for the cost of repair or replacement of any installation materials, including but not limited to, tiles, marble etc. Foremost will not be responsible for and this warranty does not cover and specifically excludes any liability to the purchaser or any third party for consequential or incidental damages, all of which are hereby expressly disclaimed, or the extension beyond the duration of this warranty of any implied warranties, including those of merchantability or fitness for an intended purpose.

Our warranty does not apply to local building code compliance. Since local building codes vary considerably, a purchaser of our products should check with a local building or plumbing contractor to insure local code compliance before installation. Foremost shall not be responsible or liable for any failure or damage to its toilet tank trim, plumbing fittings, or china products caused by the use of either chloramines or high concentration of chlorine, lime/iron sediments and/or other minerals not removed from public water during the treatment of public water supplies or caused by toilet tank type cleaners containing chlorine, calcium hypochlorite, and / or other chemicals.

Our warranty is void if the product has been moved from its initial place of installation; if it has been subjected to faulty maintenance, abuse, misuse, accident or other damages; if it was not installed in accordance with Foremost ’s instructions; or if it has been modified in a manner inconsistent with the product as shipped by Foremost.

Note: Some states or provinces do not allow the limitations on an implied warranty, and some states/provinces do not allow exclusions or limitations regarding incidental or consequential damages, so the above limitations may not apply to you. Our warranty gives you specific legal rights, and you may have other rights, which vary from state to state or province to province. No person is authorized to change, add to, or creates any warranty or obligation other than that set forth herein.

To obtain warranty service or product information call Customer Relations Department Warranty Service Group 1-888-256-7551 (Canada)

Our warranty gives the original purchaser of the product specific legal right, which may vary from state to state or from province to province. In some states or provinces, the exclusion or limitation of incidental or consequential damages is not allowed, so those exclusions may not apply to you.

 

Other Matters

Should any part of these Terms of Use be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. These Terms of Use are personal between you and Foremost and govern your use of the Site. To the extent that anything in or associated with the Site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence. Foremost’s failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of these Terms of Use. Foremost’s may assign its rights and obligations under these Terms of Use. These Terms of Use will inure to the benefit of its successors, assigns and licensees.

 

Notice

Foremost may deliver notice to you under these Terms of Use by means of e-mail to the e-mail address on record in your account, or a general notice on the Site.

 

Contact Us

If you have any questions about these Terms of Use or the practices of Foremost, please feel free to contact us at foremostcanada@foremostgroups.com or call us at (905) 507-2005 or Toll Free at 1 (888) 256-7551.

 

Foremost Privacy Policy

Foremost has been providing Canadians with a wide variety of bath and kitchen fixtures since 1997. Part of our commitment to our customers also includes taking their information privacy seriously. This privacy policy will explain how and when we gather, share, use and protect the information you provide.

 

What Type of Information Do We Collect?

Our website does not require our visitors to submit personal information (meaning information about a visitor that can uniquely identify the visitor) to Foremost while visiting the Website; however, personal information is required for the purchase of our products. In every transaction the Foremost website will request personal information including: full name, email address, billing address, phone number, and credit card number.

 

How Do We Use This Information?

The information we collect is used primarily to process payments and delivery quality products in an efficient and timely manner to our customers. Additionally, we may use your information to:

  • send you emails or other information or materials you request;
  • respond to your questions and comments and provide customer support;
  • communicate with you about our and our affiliates’ products, services, offers, and promotions;
  • operate, evaluate, and improve our business and the products and services we offer; and
  • comply with applicable legal requirements and industry standards.

In addition, if you identify yourself to us by sending us an email with questions or comments, we may use such information (including personal information) to respond to your questions or comments, and we may file your questions or comments for future reference.

 

How Do We Share This Information?

Internal Use:

Foremost does not sell, rent, individually post, or otherwise disclose any personal information about visitors to or customers of our website to unrelated third parties for marketing purposes. However, the personal information that you provide will be available to Foremost, our affiliates, agents, representatives, franchisees, and trusted service providers and contractors, as appropriate, to be used for the purposes indicated above at the time you voluntarily provide such personal information and to support our business.

Legal Request:

In addition, we may disclose your personal information in response to a legal request (such as search warrants, court orders, and summons) if we have a good faith belief that the law requires us to do so. This may include responding to legal requests from jurisdictions outside of Canada where we have a good faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards. We may also access, preserve and share information when we have a good faith belief it is necessary to: detect, prevent and address fraud and other illegal activity; to protect ourselves, you and others, including as part of investigations; and to prevent death or imminent bodily harm. Information we receive about you may be accessed, processed and retained for an extended period of time when it is the subject of a legal request or obligation, governmental investigation, or investigations concerning possible violations of our terms or policies, or otherwise to prevent harm. We also may retain information from accounts disabled for violations of our terms for at least a year to prevent repeat abuse or other violations of our terms.

Cookies:

We use cookies and similar technologies to collect and store information about your website usage in order to improve and customize our services and features for our visitors. Cookies are small files that are placed on your computer or device by the website you are using. We, as well as third party advertisers, use cookies for many reasons, including determining your preferences based on the websites your device has visited, delivering relevant advertising and stories, and storing any choices you have made online such as your preferred language. Most importantly, we use cookies to safeguard and protect our users’ information by authenticating access to the Site, and detecting and investigating any activity that may be suspicious, such as fraud of spam, or that may violate our policies.

Transfer:

We also reserve the right to transfer your personal information to a buyer or other transferee in the event of a merger, divestiture, restructuring, reorganization, dissolution, sale, or other transfer of some or all of our assets. Should such a sale, merger, or transfer occur, we will use reasonable efforts to direct the transferee to use your personal information in a manner that is consistent with our Privacy Policy.

 

Third-Party Websites

This Foremost Website also contains links to third-party owned and/or operated websites. Foremost is not responsible for the privacy practices or the content of such websites. If you place an order on the Foremost Website, our third party service provider Moneris may collect or receive certain information about you, including, but not limited to, your credit or debit card number, expiration date, and other payment details. Please be advised that we do not store your payment information. We recommend that you read Moneris’ Privacy Policy (available at https://www.moneris.com/en/Legal/Privacy-Policy), so that you understand the manner in which your payment and other information will be handled by Moneris.

 

Children Under the Age of 13

The Foremost Website is not directed to, and Foremost will not knowingly collect or solicit personal information from, children under the age of 13. If we learn we have collected or received personal information from a child under the age of 13, we will delete that information. If you believe we might have any information from or about a child under the age of 13, please contact us at: foremostcanada@foremostgroups.com. Foremost encourages parents and guardians to spend time online with their children and to participate and monitor the interactive activities of their children.

 

How Long Do We Store This Information?

We may retain information about you and information that you have provided for a commercially reasonable time for backup, archival, and/or audit purposes.

 

Opt-Out/Unsubscribe

To opt-out of receiving e-mail advertising, SMS text-based marketing (where and to the extent permitted by applicable law), telemarketing and direct mail marketing from us, you can follow the instructions at the end of the applicable marketing message or check the Unsubscribe box.

Notwithstanding the foregoing, we may continue to contact you for the purpose of communicating information relating to your request for Services, as well as to respond to any inquiry or request made by you. To opt-out of receiving Services-related and inquiry response-related messages from Foremost, you must cease requesting and/or utilizing the Services and cease submitting inquiries to Foremost, as applicable.

 

Deleting and Updating Your Information

At your request, we will inform you of what personal information we have on file for you. In addition, at your request, we will remove personal information that you have provided to us, or that we have collected. You may do so by contacting us via e-mail at foremostcanada@foremostgroups.com; provided, however, that we ask individual Users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others or would be extremely impractical.

Please be advised that, after you delete your personal information, residual copies may take a period of time before they are deleted from our active servers and may remain in our backup systems. In addition, this deletion will not change or delete personal information which may have already been shared with third parties, all as provided above in this Privacy Policy. You will need to contact the third parties that contact you directly to change your preferences regarding their use of your personal information.

 

Changes to Our Privacy Policy

Foremost reserves the right to update or change this Privacy Policy at any time. The most current version of our privacy policy will govern how we use your information and is there for you to view at any time. If we make a material change to our Privacy Policy, we will indicate on the Foremost Website that our privacy practices have changed and will provide a link to the new policy. In the event we make a material change to how we use your personal information, we will provide you with an opportunity to opt out of such new or different use. You are responsible for periodically reviewing the Foremost Website and this Privacy Policy to check for any updates or changes.

 

Contact Us

If you have any questions or comments about the Foremost website or this Privacy Policy, you may email us at foremostcanada@foremostgroups.com or call us at (905) 507-2005 or Toll Free at 1 (888) 256-7551.

 

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