Welcome to the Audio Technica Canada website terms and conditions for use. These terms and conditions apply to the use of this website at www.audio-technica.com/en-ca.

The Site is owned and operated by Audio-Technica Canada, Inc., a company incorporated under the laws of Canada, whose registered office is at 7,750 Blvd. Cousineau, suite 404, Saint-Hubert, Quebec,  J3Y 0C1 (“Audio-Technica,” “we,” “us,” and “our”).

Please read these Terms of Use carefully before using the Site. These Terms of Use constitute a legal agreement between you and Audio-Technica, which is the owner and operator of the Site. By accessing or using this Site or otherwise indicating your consent, you agree to be bound by these Terms of Use and the documents incorporated by reference herein.

If you do not agree with or accept any of these Terms of Use, you should cease using the Site immediately. If you have any questions about the Site, please contact consumer@audio-technica.ca

Terms of Use of Site

Access to Site and Registration

You will be able to access most areas of this Site without registering your details with us. Certain areas of this Site are only open to you if you register.

By accessing or using the Site, you agree that you are of legal age to enter these Terms of Use, and if you are not, you have obtained the consent of your parent or legal guardian to enter into these Terms of Use. You must be above the age of 13 to use the Site, and above the age of 18 to register on the Site.

We may revise these terms and conditions at any time by updating this posting. You should check this Site from time to time to review the then-current terms and conditions, because they are binding on you.

Effective Date and Changes in Terms of Use

These Terms of Use are effective as of the date set out at the beginning of these Terms of Use (the “Effective Date”). No changes to these Terms are valid or have any effect unless agreed by us in writing. We reserve the right to change these Terms in our sole discretion and from time to time. Our new Terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any changes made by us. It is your responsibility to check these Terms from time to time to verify such changes.

Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Site.

If you do not wish to accept any new terms and conditions after we have given notice, you must immediately discontinue the use of this Site.

Ownership and Intellectual Property Rights

All information, content, software, downloadable materials, interfaces, graphics, text, design, audio and video clips, images, buttons, trademarks, service marks, trade names and logos (the “Content ‘) contained on the Site, the Site itself and all intellectual property rights therein are the exclusive property of and owned by Audio-Technica, its licensors or content providers and are protected by copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind, whether registered or unregistered anywhere in the world, under national laws and international treaties (collectively, “Intellectual Property Rights”). Audio-Technica, its licensors and content providers reserve all right, title, interest and all Intellectual Property Rights in and to the Site and the Content.

Other than as expressly provided herein, nothing in these Terms of Use grants you any rights in the Site other than as necessary to enable you to access the Site for your personal and non-commercial use, and nothing may be construed as conferring by implication or otherwise any licence or right under any Intellectual Property Right or any proprietary interest of Audio-Technica, its licensors or any third party. You agree not to modify, to try to circumvent or delete any intellectual property notices contained on the Site and in particular in any digital rights or other security technology embedded or contained within any Site Content.

The names, words, titles, phrases, logos, designs, graphics, icons and trademarks displayed on the Site are trademarks of Audio-Technica or its parent company. While certain third-party trademarks may be used by Audio-Technica under licence, the display of such trademarks on the Site does not imply any relationship or licence between Audio-Technica and the owner of the trademark, nor does it imply that Audio-Technica either recommends or endorses the products, services or business processes of the said trademark’s owner. Other trademarks and trade names may also be used on this Site. The use or misuse of any trademarks or any other Content on the Site except as provided in these Terms of Use is strictly prohibited. Nothing contained on the Site shall be construed as granting, by implication, estoppel or otherwise, any licence or right to use any trademark without Audio-Technica’s prior written permission.

Licence and Restrictions

Audio-Technica hereby grants you a non-exclusive, limited, revocable, non-transferable, and non-sublicensable licence to access the Site. Audio-Technica may revoke the licence at any time in its sole discretion.

As a condition of your use of the Site, you agree:

• not to use the Site for any purpose that is unlawful under applicable law, or prohibited by these Terms of Use;
• not to defame or disparage anybody or make comments of an obscene, derogatory or offensive manner or otherwise use the Site or its Content in a way that brings us or any third party into disrepute or causes us to be liable to any third party;
• not to reverse engineer, decompile, copy, modify, distribute, transmit, licence, sublicence, display, revise, perform, transfer, sell or otherwise make available to any third party in any way the Site or its Content except as permitted by us under these Terms of Use or as expressly provided under applicable law;
• not to use the Site to distribute viruses or malware or other similar harmful software code;
• not to represent or suggest that we endorse any other organization, business, product or service unless we have separately agreed to do so in writing; and
• that you are solely responsible for all costs and expenses you may incur in relation to your use of the Site.

Code of Conduct

Your use of the Site must at all times comply with all applicable laws, rules and regulations.

You will not use the Site or share, upload or submit Content or computer programs on the Site in any manner which is malicious or technologically harmful, could damage, disable, overburden or impair the Site or the facilities and/or services that are available on it or interfere with any other party’s use of the Site, its facilities and/or services.

You will not use the Site to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam), or share, upload or submit on the Site any Content that may be regarded as constituting a commercial electronic message.

You may not attempt to gain unauthorized access to the Site, its facilities and/or services or any accounts, computer systems and networks connected to the Site or any other site operated by Audio-Technica through hacking, password mining or any other means. You will not delete or revise any Content shared, uploaded or submitted by any other person or entity. You shall not attack the Site via a denial of service attack.

Accuracy and Availability

While we use reasonable efforts to include accurate and up-to-date information on the Site, we do not represent, warrant or promise, whether expressly or by implication, that any Content is or will remain available, accurate, complete and up to date, free from bugs, errors or omissions or fit or suitable for any purpose. Any reliance you may place on the information on the Site is at your own risk and we may suspend or terminate operation of the Site at any time at our sole discretion. Nothing in these Terms of Use shall operate to prejudice any mandatory statutory requirement or your statutory rights.

While we make commercially reasonable efforts to ensure that the Site is available, we do not represent, warrant or guarantee in any way the Site’s continued availability at all times or uninterrupted use by you of the Site.

Limitation of Liability and Disclaimer of Warranty

The Site and all facilities, services and Content on the Site are provided to all users on an “as is” and “as available” basis. Except as otherwise expressly required by applicable law, we make no representations, warranties, conditions or other terms, whether express or implied, statutory or otherwise, in relation to the provision of the Site, including without limitation as to availability, completeness, accuracy and currency of any Content on the Site, uninterrupted or error-free operation, or as to satisfactory quality, title, operability, functionality, merchantability, non-infringement or fitness for a particular purpose.

There are certain inherent risks in using the Internet and the World Wide Web, and by accessing and using the Site you indicate your understanding that your use and the use generally of the Site cannot be guaranteed to be free from interference by third parties or to remain private and confidential.

To the fullest extent permitted by applicable law, neither Audio-Technica nor any of its directors, officers, employees, agents or other representatives will be liable for direct, indirect, incidental, consequential, punitive or exemplary damages or losses, howsoever caused, arising out of or in connection with your use, inability to use or reliance on any facilities, services and/or Content offered through or from the Site or the acts or omissions of any third party such as other users of the Site, including but not limited to damages or losses related to loss of data, work stoppage, computer failure or malfunction, business interruption, loss of income, profit or opportunity, loss of or damage to property and claims of third parties, under any legal theory, regardless of any negligence or other fault or wrongdoing by Audio-Technica, even if Audio-Technica knew of or ought to have known of the possibility of such damages or losses.

Notwithstanding any other provision of these Terms of Use, we do not exclude or limit our liability for death or personal injury arising from our negligence, for any fraudulent misrepresentation made by us on the Site or for any other statutory rights which are not capable of being excluded.

Links to Third Party Sites

This Site may contain links to third-party websites. Your use of third-party websites is subject to the terms and conditions of use contained within each of those websites and is not subject to these Terms of Use. Your access to any other websites through the Site is at your own risk. Audio-Technica makes no representation or warranty regarding any linked websites, or any information or any of the resources, products or services appearing, available or described thereon. Audio-Technica is not responsible or liable for the accuracy of any information, data, opinions or statements made on third-party websites or the security of any link or communication with third-party websites. Audio-Technica reserves the right to terminate or remove a link to a third-party website at any time. Audio-Technica provides links to third-party websites for your convenience and the fact that Audio-Technica provides any such links does not mean that Audio-Technica sponsors, endorses or authorizes such websites.

Indemnity

You agree to defend, indemnify and hold harmless Audio-Technica and its directors, employees, agents, suppliers and any of our third-party information service providers or other representatives from and against any and all claims, demands, proceedings, losses, expenses, damages and costs, including legal costs, however arising or resulting from any violation or breach by you of these Terms of Use, any claims made by or liabilities to any third party resulting from any activities relating to your use or misuse of the Site or any allegation that any Content that you make available or create through the Site infringe the intellectual property rights of any third party.

Suspension and Termination

Failure to comply with these Terms of Use or applicable law may result in (a) temporary or permanent withdrawal of your right to use the Site, (b) temporary or permanent removal of any Content uploaded by you to our Site, (c) legal action against you for reimbursement of all damages and losses resulting from the breach or (d) subject to applicable law, disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

Governing Law and Jurisdiction

These Terms of Use shall be governed in all respects by the laws of the Province of Quebec and the laws of Canada applicable therein, without giving effect to its conflicts of law provisions. Both parties submit to the exclusive jurisdiction of and venue in the provincial and federal courts in the judicial district of Montréal, Quebec.

Miscellaneous

We shall have no liability to you for any breach of these Terms of Use caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lockouts and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

If any part of these Terms of Use is unenforceable (including any provision in which we exclude or limit our liability to you), the enforceability of any other part of these Terms of Use will not be affected. If we choose not to enforce any right that we have against you at any time, then this does not prevent us from later deciding to exercise or enforce that right.

These Terms of Use, together with the Privacy Policy and any other terms expressly referred to in these Terms of Use and incorporated by reference, contain the entire understanding and agreement between us and you in relation to your use of the Site and its facilities and/or services, and supersede and replace any representation, statement, understanding, agreement and other communication whether oral or written made by you or us which is not contained herein. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

Any consent by Audio-Technica to, or waiver of, a breach of these Terms of Use shall not constitute a consent to, or waiver of any other, different or subsequent breach.

You may not assign, sublicence or otherwise transfer any of your rights and obligations in these Terms of Use to any other person.

Any provision of these Terms of Use that expressly or by implication is intended to come into or continue in force on or after termination of these Terms of Use shall survive expiration or termination of these Terms of Use.

The parties acknowledge that they have required that these Terms of Use and all related documents be prepared in English. Les parties reconnaissent qu’elles ont exigé que les présentes Conditions d’utilisation et tous les documents connexes soient rédigés en anglais.

Privacy Policy

Audio-Technica respects the privacy of the individuals who access the Site and use its services. Audio-Technica collects, uses and discloses personal information in accordance with its Privacy Policy, which forms part of these Terms of Use. Each time you use the Site, you consent to the collection, use and disclosure of your personal information by Audio-Technica in accordance with the Privacy Policy.

Contact Information:

If you have any questions about this Privacy Policy, or our data-handling practices in general, please contact us at:

Email: info@audio-technica.ca

Telephone: (450) 506-0245

What This Privacy Policy Applies to:

This Privacy Policy applies to information that we collect through:

• The Site;
• Email, text, and other electronic exchanges between you and the Site.

This Privacy Policy does not apply to information collected by:

• Any other website operated by us or any third party (including our affiliates).
• Any third party (including our affiliates), including through any application or content (including advertising) that may link to or be accessible from, or on, our Site.

Please read this Privacy Policy carefully to understand our policies and practices regarding your personal information and how we will treat it. By accessing or using this website, you agree to this Privacy Policy. This Privacy Policy may change from time to time and your continued use of this website means that you are consenting to be bound by the most recently updated version of this Privacy Policy.

Children Under the Age of 13:

Our Site is not intended for children under 13 years of age. We do not knowingly collect personal information from children under 13 years of age. If you are under 13 years of age, please do not provide any personal information to us through this website, make any purchases through the website, use any of the interactive or public comment features that may be available, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use.

By using this Site, you represent that you are at least 13 years of age or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the website. If we learn that we have collected or received personal information from a child under 13 years of age without verification of parental consent, we will delete that account and take reasonable measures to promptly delete such information from our records. If you believe that we might have any information from or about a child under 13 years of age, please contact us at info@audio-technica.ca.

Types of Information We Collect and Why We Collect It

In general, “personal data,” or “personally identifiable information” (collectively we refer to these as “Personal Information”) means any information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household or device. It does not include (i) publicly available information from government records; (ii) de-identified or aggregate information; or (iii) certain other Personal Information protected by other sector-specific provincial or federal laws.

Our handling of Personal Information is generally limited to product registration, electronic newsletter registration, addressing warranty-related issues, shipping products to end users, and handling and resolving general inquiries.

We do not collect payment data. Such information may be collected by our third-party vendors: Stripe, PayPal Holdings, Inc.

We collect several categories of information from and about users of our Site, including

Identity and Contact Information— We collect or use the following information, including your first and last name, email address, social media handle, shipping address, billing address, phone number, position/job title, and, if applicable, a recipient’s first and last name.

• Why? We collect this information primarily to ensure that your orders end up in the right place and to provide customer support when needed. If you have opted to receive our e-news, surveys, or other marketing information, we may use this information to contact you for these purposes as well. Additionally, if you choose to register your product, we use this information for that purpose.
• Source: Directly from you.

Technical Data and Unique Device Identifiers — We collect IP addresses, operating systems, links clicked, pages visited, browser type, time zone setting, browser plug-in types, and referring websites of visitors to our Site (when possible).

• Why? We collect this information for statistical analysis purposes, such as to determine web-traffic trends and the effectiveness of our partnerships with other websites, and to maintain the security and operation of our website.
• Source: Directly from you and/or from your device.

Commercial Information — We collect records of products or services purchased, obtained, or considered or other purchasing or consuming histories or tendencies.

• Why? We collect this information for statistical analytical purposes and to enable us to market more effectively to you.
• Source: Directly from you and/or from your device.

Non-Identifying Information — We collect information that is about you but does not individually identify you, such as aggregate information about pages visited, length of time spent on our Site/pages, etc.

• Why? We collect this information for statistical analysis purposes and to improve our Site’s functionality.
• Source: Directly from you and/or from your device.

Application Information — If you submit an application for employment through our website, we collect your first, middle, and last name, home address, email address, telephone number, information about your relationship to Audio-Technica, education information, employment history information, job-related skills and qualifications, and personal/professional reference information.

• Why? We collect this information to evaluate you as a candidate for the position for which you are applying.
• Source: Directly from you.

How We Collect This Information

On our Site, we collect your Personal Information through various means, including:

• Purchase orders.
• “Contact” forms, including but not limited to, registration forms, application forms, and general inquiry forms, or when you email us directly.
• Responses to surveys we may conduct from time to time.
• Social media plug-ins.
• Web-tracking and website analytics technologies, such as cookies and web beacons.

How We Use Your Personal Information

We only process Personal Information in a way that is compatible with and relevant to the purpose for which it was collected or authorized. We use information that we collect about you or that you provide to us, including any Personal Information, for the following purposes:

• To present our Site and its contents to you.
• To provide you with information, products, or services that you request from us.
• To carry out our obligations and enforce our rights arising from any contracts entered between you and us, including for billing and collection.
• To notify you about changes to our website or any products or services we offer or provide through it.
• To fulfill and manage your orders.
• To request feedback.
• To enable you to access and use our website.
• To comply with legal obligations.
• In any other way we may describe when you provide the information.
• To fulfill any other purpose for which you provide it.
• For any other purpose with your explicit prior consent.

We may use your information for other internal business purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our website, products, services, marketing and your experience. We may also use your Personal Information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by us about our Site is among the assets transferred.

We may also use your information to contact you about our own and our third parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, you can opt out of our marketing emails at any time (see “Your Options—Use of Cookies and Email Marketing” below).

Change of Purpose

We will only use your Personal Information for the purposes for which we collected it and have identified above, unless we reasonably determine that we need to use it for another reason and that reason is compatible with the original purpose for which your Personal Information was collected.

If we need to use your Personal Information for an unrelated purpose or for a purpose that we did not disclose at the time we collected your Personal Information, we will notify you and will obtain your consent or explain the legal basis, which allows us to do so.

Disclosures of Your Personal Information

We may disclose your Personal Information to a third party for a business purpose. When we disclose Personal Information for a business purpose, we may enter into a contract that describes the purpose and requires the recipient to both keep that Personal Information confidential and not use it for any purpose except performing under the contract.

We may share Personal Information with the following categories of organizations (we will update this list from time to time):

• Stockists where you ask us to pass on an inquiry.
• Our affiliates and parent organizations when your request relates to these entities.
• Service providers acting as processors for us that are based in the US and who provide IT and system administration and business support services to us.
• Professional advisers acting as processors or joint controllers including lawyers, consultants, bankers, auditors, and insurers based in the US who provide consultancy, banking, legal, insurance, and accounting services.
• The federal, and provincial regulators, and other authorities acting as processors or joint controllers based in the US who require us by law to maintain and report information to them.
• In connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company. If a change happens to our business, the new owners may use your Personal Information in the same way as set out in this Privacy Policy.
• Our business partners to offer you certain products, services or promotions.

We may process your information if you have given us specific consent to use your Personal Information in a specific purpose. We may also process your Personal Information when it is reasonably necessary to achieve our legitimate business interests. We may additionally process your Person Information to fulfill our services to you.

We may also disclose your Personal Information where we are legally required to do so to comply with a law, judicial proceeding, governmental request or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements). We may disclose our receipt of such a request to you when possible. Additionally, we may disclose your Personal Information to third parties if we believe disclosure of your Personal Information is necessary or appropriate to protect the rights, property, or safety of Audio-Technica, our customers, or third parties (which may include disclosure to law enforcement for the purposes of fraud protection and credit risk reduction). We may disclose your Personal Information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.

International Transfers of Personal Information

Please note that when you provide your Personal Information, it may be transferred to the United States or to other jurisdictions in which we have offices. By providing your Personal Information, you consent to that transfer.

Email marketing and compliance with Canadian Anti-Spam Legislation

When we collect information from you, you may inform us if you do not wish to be contacted for marketing/market research purposes. If you do not want to receive promotional information from us or our representatives, please use the unsubscribe option in your user account or the email you received, or email us at consumer@audio-technica.ca to update your personal contact preferences. Note that unsubscribing from our emails will not prevent you from receiving transactional emails relating to orders, warranties, support, or service requests.

Use of Cookies

We use cookies to enhance your visit to our Site by customizing web page content based on your language preference, browser type and other information. You may turn off cookies in your browser or have your browser warn you before accepting cookies. If you choose to turn off cookies, you may not be able to experience all of the features on our Site.

“Do Not Track” Signals

Online tracking is the collection of data about an individual’s Internet activity that is used to deliver targeted advertisements and for other purposes. Certain browsers offer users the ability to activate a “Do Not Track” signal. Like many other websites and online services, we do not currently process or respond to “Do Not Track” signals from your browser. Both we and our service providers may collect Personal Information about our visitors’ online activities over time and across third-party websites.

 Ordering from us

The following section outlines the terms and conditions applicable to product orders placed on our Site.

Placing an Order

You will be deemed to have placed an order with us by ordering via our online checkout process. As part of our checkout process, you will be given the opportunity to check your order and to correct any errors. We will send you an order confirmation, detailing the products you have ordered.

Our acceptance of an order takes place when we receive confirmation that the payment has been authorized. Orders acceptances are done from Monday to Friday in between 8h30 AM and 16h30 PM. This excludes Statutory holidays. Your tracking information will be communicated once the order ships via email.

Please note that we may refuse to accept an order in the following circumstances:

1. where goods are not available;
2. where we cannot obtain authorization for your payment;
3. if there has been a pricing or product description error; or
4. if you do not meet any eligibility criteria set out in our terms and conditions.

If this is the case, you will be notified of the order refusal and your payment will be refunded.

Pricing

All of the prices listed on the Site exclude GST, HST and/or QST, as applicable. The sales taxes applicable to your order will be listed in the final price at checkout. The applicable taxes will depend on your province of residence.

Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this Site. Shipping charges will be reflected on the checkout web page.

Our prices may be reviewed periodically and are subject to change without notice.

Cancellation

If you wish to cancel your order:

(a) you can notify us by email at orders@audio-technica.ca before we have shipped the items to you; or

(b) if the ordered goods have already been shipped to you, you can return items to us in accordance with the Returns section below.

Returns Policy

Returns are accepted within 30 days of purchase. Following the 30 days, refunds and exchanges will no longer be offered.

In order to be eligible for a return, your item must be unused and in the same condition that you received it and must be in the original packaging.

To complete your return, please contact us at: orders@audio-technica.ca. We require a receipt or proof of purchase.

Please do not send your purchase directly back to the manufacturer without authorization.

Refunds (if applicable)

Once our warehouse confirms receipt and performs an inspection, a refund will be processed to your original form of payment. You will be notified if the refund is rejected due to inspection failure.

Late or missing refund (if applicable)

If you have not yet received a refund, please contact your credit card company and/or your bank. It can often take some time before your refund is officially posted.

After verifying with your bank, if you still have not received your refund, please contact us at orders@audio-technica.ca.

Repairs, Warranties and Exchanges (if applicable)

For warranty details on consumer products, please contact consumer@audio-technica.ca. If you are a consumer, you may have specific rights granted to you by consumer protection legislation in your province of residence regarding warranties and defective goods.

We only replace items if they are defective or damaged and under warranty.

For all inquiries regarding warranties, please send us an email at repair@audio-technica.ca.

Shipping

To return your product, please send an email request to orders@audio-technica.ca and we will provide further instructions.

When shipping a product, we strongly encourage using a trackable shipping service or purchasing shipping insurance. We cannot guarantee that we will receive your item.

Registration

To register with the Site, you must be over eighteen (18) years of age.

Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.

Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.

We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.