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PRIVACY POLICY
Last updated: March 27, 2026
This Privacy Policy describes how Johnstone's Barbecues & Parts (the "Site", "we", "us", or "our") collects, uses, and discloses your personal information when you visit, use our services, or make a purchase from www.johnstones.com (the "Site") or otherwise communicate with us regarding the Site (collectively, the "Services"). For purposes of this Privacy Policy, "you" and "your" means you as the user of the Services, whether you are a customer, website visitor, or another individual whose information we have collected pursuant to this Privacy Policy.
Please read this Privacy Policy carefully. By using and accessing any of the Services, you agree to the collection, use, and disclosure of your information as described in this Privacy Policy. If you do not agree to this Privacy Policy, please do not use or access any of the Services.
Changes to this privacy policy
We may update this Privacy Policy from time to time, including to reflect changes to our practices or for other operational, legal, or regulatory reasons. We will post the revised Privacy Policy on the Site, update the "Last updated" date and take any other steps required by applicable law.
How we collect and use your personal information
To provide the Services, we collect personal information about you from a variety of sources, as set out below. The information that we collect and use varies depending on how you interact with us.
In addition to the specific uses set out below, we may use information we collect about you to communicate with you, provide or improve or improve the Services, comply with any applicable legal obligations, enforce any applicable terms of service, and to protect or defend the Services, our rights, and the rights of our users or others.
What personal information we collect
The types of personal information we obtain about you depends on how you interact with our Site and use our Services. When we use the term "personal information", we are referring to information that identifies, relates to, describes or can be associated with you. The following sections describe the categories and specific types of personal information we collect.
Information we collect directly from you
Information that you directly submit to us through our Services may include:
- Contact details including your name, address, phone number, and email.
- Order information including your name, billing address, shipping address, payment confirmation, email address, and phone number.
- Account information including your username, password, security questions and other information used for account security purposes.
- Customer support information including the information you choose to include in communications with us, for example, when sending a message through the Services.
Some features of the Services may require you to directly provide us with certain information about yourself. You may elect not to provide this information, but doing so may prevent you from using or accessing these features.
Information we collect about your usage
We may also automatically collect certain information about your interaction with the Services ("Usage Data"). To do this, we may use cookies, pixels and similar technologies ("Cookies"). Usage Data may include information about how you access and use our Site and your account, including device information, browser information, information about your network connection, your IP address and other information regarding your interaction with the Services.
Information we obtain from third parties
Finally, we may obtain information about you from third parties, including from vendors and service providers who may collect information on our behalf, such as:
- Companies who support our Site and Services, such as Shopify.
- Our payment processors, who collect payment information (e.g., bank account, credit or debit card information, billing address) to process your payment in order to fulfill your orders and provide you with products or services you have requested, in order to perform our contract with you.
- When you visit our Site, open or click on emails we send you, or interact with our Services or advertisements, we, or third parties we work with, may automatically collect certain information using online tracking technologies such as pixels, web beacons, software developer kits, third-party libraries, and cookies.
Any information we obtain from third parties will be treated in accordance with this Privacy Policy. Also see the section below, Third Party Websites and Links.
How we use your personal information
- Providing Products and Services. We use your personal information to provide you with the Services in order to perform our contract with you, including to process your payments, fulfill your orders, to send notifications to you related to your account, purchases, returns, exchanges or other transactions, to create, maintain and otherwise manage your account, to arrange for shipping, facilitate any returns and exchanges and other features and functionalities related to your account. We may also enhance your shopping experience by enabling Shopify to match your account with other Shopify services that you may choose to use. In this case, Shopify will process your information as set forth in its Privacy Policy and Consumer Privacy Policy.
- Marketing and Advertising. We may use your personal information for marketing and promotional purposes, such as to send marketing, advertising and promotional communications by email, text message or postal mail, and to show you advertisements for products or services. This may include using your personal information to better tailor the Services and advertising on our Site and other websites.
- Security and Fraud Prevention. We use your personal information to detect, investigate or take action regarding possible fraudulent, illegal or malicious activity. If you choose to use the Services and register an account, you are responsible for keeping your account credentials safe. We highly recommend that you do not share your username, password, or other access details with anyone else. If you believe your account has been compromised, please contact us immediately..
- Communicating with You and Service Improvement. We use your personal information to provide you with customer support and improve our Services. This is in our legitimate interests in order to be responsive to you, to provide effective services to you, and to maintain our business relationship with you
Cookies
Like many websites, we use Cookies on our Site. For specific information about the Cookies that we use related to powering our store with Shopify, see https://www.shopify.com/legal/cookies. We use Cookies to power and improve our Site and our Services (including to remember your actions and preferences), to run analytics and better understand user interaction with the Services (in our legitimate interests to administer, improve and optimize the Services). We may also permit third parties and services providers to use Cookies on our Site to better tailor the services, products and advertising on our Site and other websites.
Most browsers automatically accept Cookies by default, but you can choose to set your browser to remove or reject Cookies through your browser controls. Please keep in mind that removing or blocking Cookies can negatively impact your user experience and may cause some of the Services, including certain features and general functionality, to work incorrectly or no longer be available. Additionally, blocking Cookies may not completely prevent how we share information with third parties such as our advertising partners.
How we disclose personal information
In certain circumstances, we may disclose your personal information to third parties for contract fulfillment purposes, legitimate purposes and other reasons subject to this Privacy Policy. Such circumstances may include:
- With vendors or other third parties who perform services on our behalf (e.g., IT management, payment processing, data analytics, customer support, cloud storage, fulfillment and shipping).
- With business and marketing partners to provide services and advertise to you. Our business and marketing partners will use your information in accordance with their own privacy notices.
- When you direct, request us or otherwise consent to our disclosure of certain information to third parties, such as to ship you products or through your use of social media widgets or login integrations, with your consent.
- With our affiliates or otherwise within our corporate group, in our legitimate interests to run a successful business.
- In connection with a business transaction such as a merger or bankruptcy, to comply with any applicable legal obligations (including to respond to subpoenas, search warrants and similar requests), to enforce any applicable terms of service, and to protect or defend the Services, our rights, and the rights of our users or others.
We disclose the following categories of personal information and sensitive personal information about users for the purposes set out above in "How we Collect and Use your Personal Information" and "How we Disclose Personal Information":
| Category | Categories of Recipients |
|---|---|
|
|
We do not use or disclose sensitive personal information without your consent or for the purposes of inferring characteristics about you.
We have “sold” and “shared” (as those terms are defined in applicable law) personal information over the preceding 12 months for the purpose of engaging in advertising and marketing activities, as follows.
| Category of Personal Information | Categories of Recipients |
|---|---|
| Identifiers such as name, e-mail address and phone number | Business and marketing partners |
| Commercial information such as records of products or services purchased | Business and marketing partners |
| Usage Data | Business and marketing partners |
Third party websites and links
Our Site may provide links to websites or other online platforms operated by third parties. If you follow links to sites not affiliated or controlled by us, you should review their privacy and security policies and other terms and conditions. We do not guarantee and are not responsible for the privacy or security of such sites, including the accuracy, completeness, or reliability of information found on these sites. Information you provide on public or semi-public venues, including information you share on third-party social networking platforms may also be viewable by other users of the Services and/or users of those third-party platforms without limitation as to its use by us or by a third party. Our inclusion of such links does not, by itself, imply any endorsement of the content on such platforms or of their owners or operators, except as disclosed on the Services.
Children's Data
The Services are not intended to be used by children, and we do not knowingly collect any personal information about children. If you are the parent or guardian of a child who has provided us with their personal information, you may contact us using the contact details set out below to request that it be deleted.
As of the Effective Date of this Privacy Policy, we do not have actual knowledge that we “share” or “sell” (as those terms are defined in applicable law) personal information of individuals under 16 years of age.
Security and retention of your information
Please be aware that no security measures are perfect or impenetrable, and we cannot guarantee “perfect security.” In addition, any information you send to us may not be secure while in transit. We recommend that you do not use insecure channels to communicate sensitive or confidential information to us.
How long we retain your personal information depends on different factors, such as whether we need the information to maintain your account, to provide the Services, comply with legal obligations, resolve disputes or enforce other applicable contracts and policies.
Your Rights
Depending on where you live, you may have some or all of the rights listed below in relation to your personal information. However, these rights are not absolute, may apply only in certain circumstances and, in certain cases, we may decline your request as permitted by law.
- Right to Access / Know: You may have a right to request access to personal information that we hold about you, including details relating to the ways in which we use and share your information.
- Right to Delete: You may have a right to request that we delete personal information we maintain about you.
- Right to Correct: You may have a right to request that we correct inaccurate personal information we maintain about you.
- Right of Portability: You may have a right to receive a copy of the personal information we hold about you and to request that we transfer it to a third party, in certain circumstances and with certain exceptions.
- Restriction of Processing: You may have the right to ask us to stop or restrict our processing of personal information.
- Withdrawal of Consent: Where we rely on consent to process your personal information, you may have the right to withdraw this consent.
- Appeal: You may have a right to appeal our decision if we decline to process your request. You can do so by replying directly to our denial.
- Managing Communication Preferences: We may send you promotional emails, and you may opt out of receiving these at any time by using the unsubscribe option displayed in our emails to you. If you opt out, we may still send you non-promotional emails, such as those about your account or orders that you have made.
You may exercise any of these rights where indicated on our Site or by contacting us using the contact details provided below.
We will not discriminate against you for exercising any of these rights. We may need to collect information from you to verify your identity, such as your email address or account information, before providing a substantive response to the request. In accordance with applicable laws, you may designate an authorized agent to make requests on your behalf to exercise your rights. Before accepting such a request from an agent, we will require that the agent provide proof you have authorized them to act on your behalf, and we may need you to verify your identity directly with us. We will respond to your request in a timely manner as required under applicable law.
Complaints
If you have complaints about how we process your personal information, please contact us using the contact details provided below. If you are not satisfied with our response to your complaint, depending on where you live you may have the right to appeal our decision by contacting us using the contact details set out below, or lodge your complaint with your local data protection authority.
International Users
Please note that we may transfer, store and process your personal information outside the country you live in. Your personal information is also processed by staff and third party service providers and partners in these countries.
If we transfer your personal information out of Europe, we will rely on recognized transfer mechanisms like the European Commission's Standard Contractual Clauses, or any equivalent contracts issued by the relevant competent authority of the UK, as relevant, unless the data transfer is to a country that has been determined to provide an adequate level of protection.
Contact
Should you have any questions about our privacy practices or this Privacy Policy, or if you would like to exercise any of the rights available to you, please call or email us at parts@johnstones.com or contact us at 165 Pemberton Ave, North Vancouver, BC, V7P 2R4, CA.
TERMS OF SERVICE
(“Johnstone’s Barbecue Parts”) WEB SITE USE AGREEMENT
This version in force since March 5, 2025
Please read this agreement carefully. It governs your use of the Johnstone’s Products Ltd, johnstones.com web site and the services and goods provided through the web site (collectively the "web site"). It exempts Johnstone’s Products Ltd. and other persons from liability or limits their liability and contains other important provisions that you should read. Each time you use the web site you acknowledge and signify that you have read, understood, and agreed to be bound by this agreement. If you do not agree with each provision of this agreement each time you use the web site, you may not use the web site.
Each time you use the web site, the text of this agreement as it then reads will govern your use. Accordingly, when you use the web site you should check the date of this agreement and review any changes since the last version.
This agreement contains the following provisions
1. Your Acceptance of this Agreement
2. Changes to this Agreement
3. Permitted Users and Access
4. Misprints and Errors, Product Availability, Prices, and Orders
5. No Advice or Solicitation
6. Disclaimer, Liability Exclusion, Liability Limitation, Release and Indemnity
7. Login Names and Passwords
8. Termination of this Agreement and the Web Site
9. Information Submissions
10. Ownership and Permitted Use of the Web Site
11. Personal Information Privacy
12. Trade-mark Information
13. Other Sites
14. Linking and Framing the Web Site
15. Postings and Unsolicited Submissions
16. Transaction Agreements
17. Software Agreements
18. Contests
19. Governing Law and Dispute Resolution
20. Other Matters
1. Your acceptance of this agreement
this is an agreement between you and Johnstone’s Products Ltd. ("Johnstone’s"), and governs your use of the johnstones.com and johnstones.ca Web site and its content and the services and goods provided through the Web site (collectively the "Web Site"). Each time you use the Web Site you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent (and for purposes of this Agreement, "person" includes any type of incorporated or unincorporated entity), without limitation or qualification, to be bound by this Agreement, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person you purport to represent. If you do not agree with each provision of this Agreement, or you are not authorized to agree to and accept this Agreement, or you do not have the legal authority to agree to and accept this Agreement, you may not use the Web Site.
2. Changes to this agreement
You may not change, supplement, or amend this Agreement in any manner. Johnstone’s Products Ltd may, in its sole discretion, change, and supplement or amend this Agreement as it relates to your future use of the Web Site from time to time, for any reason, and without any notice or liability to you or any other person, by posting a revised Agreement on the Web Site.
3. Permitted Users and Access
The Web Site may be used only by persons resident in Canada who have reached the age of majority or legal age in their jurisdictions and who can form legally binding contracts under applicable law. The Web Site may not be used by persons in jurisdictions where access to or use of the Web Site or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of the Web Site is lawful, and you must comply with all applicable laws.
4. Misprints and errors, product availability, prices, and orders
Johnstone’s Products Ltd endeavours to provide current and accurate information on the Web Site. Nevertheless, misprints or other errors may occur. Accordingly, Johnstone’s reserves the right to change the prices, fees and charges regarding the goods and services available through the Web Site at any time and from time to time without any notice or liability to you or any other person. Also, Johnstone’s Products Ltd, johnstones.com cannot guarantee that goods or services advertised on the Web Site will be available when ordered or thereafter. Johnstone’s Products Ltd also reserves the right at any time to reject, correct, cancel or terminate any order. If you order goods or services for which the price was incorrectly displayed, Johnstone’s Products Ltd and johnstones.com will provide you with an opportunity to cancel your order. If you order goods or services that are not available, Johnstone’s Products Ltd will notify you by email. Johnstone’s Products Ltd reserves the right to limit quantities licensed or sold.
The advertisements on the Web Site are invitations for purchase orders, and are not offers to sell. You’re properly completed and delivered order form constitutes your offer to purchase the goods or services referenced in your order. Your order shall be deemed to be accepted only if and when johnstones.com sends an order acceptance and shipping notice email to your email address. If you wish to cancel an order, you may request a cancellation by sending an email to sales@johnstones.com However, Johnstone’s Products Ltd may not receive and process your cancellation request before it accepts and processes your order, in which case your cancellation request may not be effective.
5. No advice or solicitation
THE WEB SITE IS FOR CONVENIENCE AND INFORMATIONAL PURPOSES ONLY. THE WEB SITE IS NOT INTENDED TO BE A COMPREHENSIVE OR DETAILED STATEMENT CONCERNING THE MATTERS ADDRESSED; ADVICE OR RECOMMENDATIONS; OR AN OFFER TO SELL OR BUY ANY PRODUCT OR SERVICE. YOU SHOULD SEEK PROFESSIONAL ADVICE AND RECOMMENDATIONS BEFORE ACTING OR OMITTING TO ACT BASED UPON ANY INFORMATION PROVIDED ON OR THOUGH THE WEB SITE.
6. Disclaimer, liability exclusion, liability limitation, release and indemnity
johnstones.com strives to make your use of the Web Site a useful and enjoyable experience, and a safe and easy way to purchase goods over the Internet. Nevertheless, johnstones.com and its service providers (the "Providers") do not accept any liability for your use of the Web Site. For that reason, the following provisions apply to your use of the Web Site:
DISCLAIMER
YOUR USE OF THE WEB SITE IS AT YOUR OWN RISK.
THE WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE OR DURABILITY, ALL OF WHICH ARE HEREBY DISCLAIMED BY JOHNSTONE’S AND THE PROVIDERS TO THE FULLEST EXTENT PERMITTED BY LAW.
YOU (AND NOT JOHNSTONE’S OR THE PROVIDERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO ANY COMPUTER OR OTHER EQUIPMENT ARISING FROM, CONNECTED WITH, OR RELATING TO YOUR USE OF THE WEB SITE.
THE OPERATION OF THE WEB SITE MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND JOHNSTONE’S CONTROL. THE OPERATION OF THE WEB SITE MAY NOT BE CONTINUOUS OR UNINTERRUPTED OR SECURE. SECURITY AND PRIVACY RISKS CANNOT BE ELIMINATED.
JOHNSTONE’S IS UNDER NO OBLIGATION TO VERIFY THE IDENTITY OF USERS OF THE WEB SITE.
THROUGH YOUR USE OF THE WEB SITE, YOU MAY HAVE THE OPPORTUNITY TO ENGAGE IN COMMERCIAL TRANSACTIONS WITH OTHER PERSONS. ALL SUCH TRANSACTIONS ARE AT YOUR OWN RISK. JOHNSTONE’S PRODUCTS LTD IS NOT A PARTY TO ANY SUCH TRANSACTIONS AND DISCLAIMS ANY AND ALL LIABILITY REGARDING ALL SUCH TRANSACTIONS.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, JOHNSTONE’S AND ITS PROVIDERS MAKE NO REPRESENTATION, WARRANTY OR CONDITION THAT:
· THE WEB SITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND RELATED EQUIPMENT AND SOFTWARE;
· THE WEB SITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED;
· THE INFORMATION AVAILABLE ON OR THROUGH THE WEB SITE WILL BE ACCURATE, COMPLETE, SEQUENTIAL, OR TIMELY;
· CERTAIN OR ANY RESULTS MAY BE OBTAINED THROUGH THE USE OF THE WEB SITE;
· THE USE OF THE WEB SITE, INCLUDING THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS; OR
· THE USE OF THE WEB SITE WILL NOT INFRINGE THE RIGHTS (INCLUDING INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON;
AND JOHNSTONE’S PRODUCTS LTD AND ITS PROVIDERS DISCLAIM ANY AND ALL LIABILITY REGARDING SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY LAW.
Liability exclusion
JOHNSTONE’S PRODUCTS LTD WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OF USE, LOSS OF PRODUCTION, LOSS OF INCOME OR PROFITS (ANTICIPATED OR OTHERWISE), LOSS OF MARKETS, ECONOMIC LOSS, SPECIAL,INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, ARISING FROM, CONNECTED WITH, OR RELATING TO THE USE OF THE WEB SITE BY YOU OR ANY OTHER PERSON, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY JOHNSTONE’S PRODUCTS LTD OR ANY PROVIDER OR ANY PERSON FOR WHOM JOHNSTONE’S PRODUCTS LTD OR ITS PROVIDERS ARE RESPONSIBLE, AND NOTWITHSTANDING THAT JOHNSTONE’S PRODUCTS LTD OR ITS PROVIDERS MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES BEING INCURRED BY YOU OR ANY OTHER PERSON.
Liability limitation
IN NO EVENT WILL JOHNSTONE’S PRODUCTS LTD OR ANY OF ITS PROVIDERS,TOTAL LIABILITY TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, AND COSTS, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY JOHNSTONES.COM OR ANY PERSON FOR WHOM JOHNSTONE’S PRODUCTS LTD IS RESPONSIBLE, EXCEED $25 (CDN) OR THE AMOUNT YOU PAID TO JOHNSTONE’S PRODUCTS LTD FOR THE USE OF THE WEB SITE, WHICHEVER IS LESS.
Release
YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE EACH OF JOHNSTONE’S PRODUCTS LTD AND ITS PROVIDERS AND ALL OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS,COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE WEB SITE.
Indemnity
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS EACH OF JOHNSTONE’S PRODUCTS LTD AND ITS PROVIDERS AND ALL OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS (COLLECTIVELY, THE "INDEMNIFIED PARTIES") FROM AND AGAINST ANY AND ALL LIABILITIES, EXPENSES AND COSTS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL FEES AND EXPENSES, INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM OR DEMAND ARISING OUT OF, RELATED TO, OR CONNECTED WITH YOUR USE OF THE WEB SITE OR YOUR BREACH OF THIS AGREEMENT. YOU WILL ASSIST AND CO-OPERATE AS FULLY AS REASONABLY REQUIRED BY THE INDEMNIFIED PARTIES IN THE DEFENCE OF ANY SUCH CLAIM OR DEMAND.
ADVICE AND INFORMATION PROVIDED BY JOHNSTONE’S PRODUCTS LTD OR ITS REPRESENTATIVES, WHETHER ORAL OR WRITTEN, WILL NOT CREATE ANY REPRESENTATION, WARRANTY OR CONDITION OR VARY OR AMEND THIS AGREEMENT, INCLUDING THE ABOVE DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE AND INDEMNITY PROVISIONS, AND YOU MAY NOT RELY UPON ANY SUCH ADVICE OR INFORMATION.
The exclusion of certain warranties and the limitation of certain liabilities are prohibited by legislation in some jurisdictions. Such legislative limitations may apply to you.
The disclaimer, liability exclusion, liability limitation, release, and indemnity provisions in this Agreement survive indefinitely after the termination of this Agreement.
7. Login names and passwords
Web Site accounts may be accessed only by use of a unique login name and password. The use of a password does not restrict access by Johnstone’s Products Ltd and its Providers to the password-protected information. Login names and passwords may not be shared. For security reasons, you must keep your login name and password confidential and not disclose them to any person or permit any other person to use them, except an authorized johnstones.com representative. Also, passwords must be non-obvious, hard-to-guess, and confidential and changed on a regular basis, and you must log-out at the end of each session.
You are solely responsible and liable for any use and misuse of your login name and password and for all activities that occur under your login name and password. You must ensure that all uses of your login name and password comply with this Agreement.
You must immediately notify Johnstone’s Products Ltd of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised.
All login names and passwords remain the property of Johnstone’s Products Ltd, and may be cancelled or suspended at any time by Johnstone’s Products Ltd without any notice or liability to you or any other person. Johnstone’s Products Ltd is not under any obligation to verify the actual identity or authority of the user of any login name or password.
You must respond promptly to all email and other correspondence from Johnstone’s Products Ltd, including without limitation email and correspondence concerning complaints or concerns regarding your use of your login name or password or your use of the Web Site.
THE SECURITY AND PRIVACY PROVIDED BY PASSWORDS IS NOT COMPLETE, AND CAN BE CIRCUMVENTED. YOUR USE OF PASSWORDS IS AT YOUR OWN RISK.
8. Termination of this agreement and the web site
If you breach any provision of this Agreement, you may no longer use the Web Site.
Johnstone’s Products Ltd may, in its sole discretion, change, suspend or terminate, temporarily or permanently, the Web Site or any part of it or any of its features at any time, for any reason, without any notice or liability to you or any other person.
Johnstone’s Products Ltd may at any time and for any reason, with or without cause, and in its sole discretion, immediately suspend or terminate (in whole or in part) your permission to use the Web Site and your user password, all without any notice or liability to you or any other person.
If this Agreement or your permission to use the Web Site is terminated by you or Johnstone’s Products Ltd for any reason, this Agreement will nevertheless continue to apply and be binding upon you in respect of your prior use of the Web Site and your purchases of goods and services through the Web Site and anything connected with, relating to or arising from those matters.
9. Information submissions
All information you provide through the Web Site, including registration information (name and email address), payment information (credit card numbers and expiration dates), and transaction-related information, must be true, accurate, current and complete. You must also provide Johnstone’s Products Ltd with updated registration information and payment information within 30 days of any changes.
Johnstone’s Products Ltd will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, Johnstone’s Products Ltd or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information within 30 days of any change. Johnstone’s Products Ltd may require a copy of a government-issued form of identification before making any changes to your registration information.
10. Ownership and permitted use of the web site
The Web Site and all information (in text, graphical, video and audio forms), images, icons, software, design, applications and other elements available on or through the Web Site johnstones.com are the property of Johnstone’s Products Ltd, its Providers and others, and are protected by Canadian and international copyright, trade-mark, and other laws. Your use of the Web Site does not transfer to you any ownership or other rights in the Web Site or its content. You may only use the Web Site in the manner described specifically in this Agreement.
The Web Site may not be used for any purpose not expressly permitted by this Agreement. In particular, except as expressly stated otherwise in this Agreement, the Web Site may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, or distributed in any way, in whole or in part, without the express prior written consent of Johnstone’s Products Ltd. You may not use any of the software that is used in the operation of the Web Site except while you are using the Web Site. You may not reproduce, copy, duplicate, sell, or resell any part of the Web Site (including the software used in the operation of the Web Site) or access to the Web Site.
The Web Site is made available to you for your lawful use only. You may access and browse the Web Site using commercially available, SSL-capable Web browser software. You may print or download the pages of the Web Site for your personal use provided that you do not modify any of the Web Site pages or other content and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers.
11. Personal information privacy
Johnstone’s Products Ltd collects, uses, and discloses your personal information in accordance with the Privacy Policy, which is available from Johnstone’s Products Ltd. The Company may change the Privacy Policy from time to time in its sole discretion. By accepting this Agreement, and each time you use the Web Site, you consent to Johnstone’s Products Ltd collection, use and disclosure of your personal information in accordance with the Privacy Policy as it then exists without any further notice or any liability to you or any other person.
12. Trade-mark information
johnstones.com, johnstones.ca and countrychef™, the Johnstone’s Barbecue Parts logo, the JOHNSTONE’S logo, are registered and unregistered trade-marks and trade names owned by Johnstone’s Products Ltd. and licensed to Johnstone’s Barbecue Parts. Other product and company names and logos appearing on the Web Site may be registered or unregistered trade-names, trade-marks and service-marks of their respective owners.
Any use of the trade-names, trade-marks, service-marks and logos (collectively "Marks") displayed on the Web Site, except as expressly provided in this Agreement, is strictly prohibited. Nothing appearing on the Web Site or elsewhere shall be construed as granting, by implication, or otherwise, any licence or right to use any Marks displayed on the Web Site.
13. Other sites
The Web Site may include advertisements for, and links to, other Web sites or resources and businesses operated by other persons ("Other Sites"). Other Sites are independent from Johnstone’s Products Ltd, and johnstones.com has no responsibility or liability for or control over Other Sites, their business, goods, services, or content. Links to Other Sites are provided solely for your convenience. Johnstone’s Products Ltd does not sponsor or endorse any Other Sites or their content or the goods or services available through those other Web Sites. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk, and you shall not make any claim against Johnstone’s Products Ltd arising out of your use of any Other Sites or your dealings with the owners or operators of any Other Sites. As between you and Johnstone’s Products Ltd, the provisions of this Agreement under the section headed Disclaimer, Liability Exclusion, Liability Limitation, Release and Indemnity apply, with all necessary modifications, to your access to and use of any Other Sites and their business, goods, services, and content.
14. Linking and framing the web site
Links to the Web Site without the express written permission of Johnstone’s Products Ltd are strictly prohibited. To request permission to link to the Web Site, please contact sales@johnstones.com. Johnstone’s Products Ltd reserves the right to cancel and revoke any permission it may give to link to the Web Site at any time, for any reason, without any notice, and without any liability to you or any other person. The framing of the Web Site or any of its content in any form and by any method is strictly prohibited.
15. Postings and unsolicited submissions
You may not use technologies such as Gooey™ or Third Voice™ in connection with your use of the Web Site or to post comments, communications, or any other data of any kind to or on the Web Site with the intention that such postings may be viewed by other users of the Web Site.
Johnstone’s Products Ltd does not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved goods, services or technologies, product enhancements, processes, materials, marketing plans, or new product names. The purpose of this policy is to avoid potential misunderstandings or disputes. Accordingly, please do not send any unsolicited ideas, suggestions or other materials ("Submissions") to Johnstone’s Products Ltd or the Web Site.
If you send Submissions to Johnstone’s Products Ltd or the Web Site you automatically grant (or warrant that the owner of the Submissions grants) to Johnstone’s Products Ltd and its assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of Johnstone’s Products Ltd or its assigns, and you agree, represent and warrant that all moral rights in the Submissions are waived in favour of Johnstone’s Products Ltd and its assigns.
16. Transaction agreements
All transactions through the Web Site, including the purchase and sale of goods and services and the licensing of software, are governed by this Agreement and any applicable Transaction Agreement. By participating in a transaction through the Web Site, you signify your agreement and acceptance of the applicable Transaction Agreement.
17. Software agreements
Johnstone’s Products Ltd may cause software to be available for you to download from the Web Site or through other Web sites, including Web sites operated by Providers. The software is protected by copyright, and your downloading and use of the software are governed by the applicable Transaction Agreement and the Software Licence Agreement specific to the software. By downloading software, you signify your agreement and acceptance of the applicable Transaction Agreement and Software Licence Agreement.
18. Contests
From time to time Johnstone’s Products Ltd may make contests available to users of the Web Site and others. All contests are governed by this Agreement and the applicable Contest Rules. By participating in a contest through the Web Site, you signify your agreement and acceptance of this Agreement and the applicable Contest Rules.
19. Governing law and dispute resolution
The Web Site is controlled by Johnstone’s Products Ltd from North Vancouver, British Columbia Canada. This Agreement, your use of the Web Site, and all related matters are governed solely by the laws of the British Columbia, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws.
Any dispute between Johnstone’s Products Ltd and you or any other person arising from, connected with or relating to the Web Site, this Agreement or any related matters must be resolved before the Courts of British Columbia sitting in the City of Vancouver, British Columbia, Canada, and you hereby irrevocably submit and at torn to the original and exclusive jurisdiction of those Courts in respect of any such dispute or matter.
Any claim or cause of action you may have arising from, connected with, or relating to your use of the Web Site, this Agreement, or any related matters must be commenced in a court of competent jurisdiction in the City of Vancouver, British Columbia, Canada within six (6) months after the claim or cause of action arises, after which time the claim or cause of action is forever barred, regardless of any statute or law to the contrary.
20. Other matters
If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of this Agreement and shall not affect the validity and enforceability of any remaining provisions.
The provisions of this Agreement will ensure to the benefit of and be binding upon each of Johnstone’s and its Providers and each of their respective successors and assigns and related persons, including without limitation Johnstone’s Products Ltd. and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives. You may not assign this Agreement or your rights and obligations under this Agreement without the express prior written consent of johnstones.com, which may be withheld in Johnstone’s Products Ltd sole discretion. Johnstone’s Products Ltd may assign this Agreement and its rights and obligations under this agreement without your consent.
No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
You and Johnstone’s Products Ltd are independent contractors and no agency, partnership, joint venture, employment or franchise relationship is intended or created by this Agreement or your use of the Web Site.
The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressement que ce Contrat et tous les documetns quis'y rapportent soient rediges en anglais.
Any rights not expressly granted by this Agreement are reserved to Johnstone’s Products Ltd.
This Agreement is subject to change without notice.