Terms & Conditions

1. SCOPE AND DEFINITION 

1.1 “We," "us," and "our" refer to 2756148 Ontario Inc. ("MYSIM"). "Customer", “you” and "your" refer to the purchaser of goods or services from us. 

1.2 These Terms & Conditions ("Terms"), together with any contract, and order confirmation we issue, form the entire agreement between you and MYSIM. A binding contract is formed only when we issue a written order confirmation. In the event of a conflict between these Terms, and terms or conditions in an order confirmation, the terms or conditions in an order confirmation will be authoritative. No quotation or estimate provided by MYSIM shall constitute an offer to supply a Product. An order placed by you, whether in response to a quotation or estimate, shall constitute an offer made to MYSIM subject to these Terms. No terms or conditions put forward or implied by you, in an order, invoice, correspondence or elsewhere, shall be binding on MYSIM and such conditions or stipulations are hereby excluded and extinguished. MYSIM’s failure to object to any such terms or conditions shall not constitute a waiver by MYSIM and shall not constitute acceptance by MYSIM of such terms and conditions. Any terms of a MYSIM contract or order confirmation cannot be amended or modified unless agreed to in writing by you and MYSIM. Any error or omission in any quotations, sales/marketing literature, invoice or other document issued by MYSIM shall be subject to correction by MYSIM without liability to MYSIM. MYSIM reserves the right to amend these Terms at any time by posting an amended version on its website, which shall be effective and binding on the date of posting. Time is of the essence with respect to all your duties hereunder. 

2. ORDERS 

2.1 We sell high-performance racing simulators and components, including standard and bespoke units (the “Products”). It is your responsibility to ensure that the Products you select is suitable for your intended use. Any advice or recommendation we provide is non-binding and offered in good faith, based on the information available to us. You shall be responsible to MYSIM for the accuracy of all orders. In the event of a discrepancy between a product number and a product description, the product number will be used to satisfy the order. 

2.2 Information contained in an estimate or order or which are given to Customer by MYSIMS’s agents or employees constitutes an invitation to treat but does not constitute an offer by MYSIM to supply Products and/or services. By placing an order, Customer makes an offer to MYSIM to purchase a Product and/or service. Any Order shall be subject to acceptance by MYSIM and MYSIM may decline any order in whole or in part, for any lawful reason whatsoever. If MYSIM accepts Customer’s Order, MYSIM will notify Customer of its acceptance by sending an Order Confirmation. 

2.3 You shall be responsible in reviewing your order(s) and ensuring that any orders(s) placed are clearly marked "CONFIRMATION" to avoid duplication of orders. All orders are subject to MYSIM's acceptance. MYSIM reserves the right to make changes in the specification of Products ordered insofar as they do not materially affect quality or performance of the Products. 

2.4 All orders must quote the single order Number provided in MYSIM’s confirmation or the order cannot be processed. 

2.5 We reserve the right to substitute Product components with equal or superior alternatives if a part becomes unavailable, without prior notice or agreement of the Customer. 

2.6 By purchasing or using our Products or services, you agree to be bound by these Terms, as well as our Privacy Policy and any other legal policies or terms listed on our website, service agreements and order confirmations. 

2.7 While MYSIM will make every effort to supply Customer with the Products and/or services listed on the order confirmation, there may be occasions where MYSIM is unable to supply a Product and/or service because, for example, (i) such Products or services are no longer being manufactured or available, (ii) MYSIM is unable to source relevant components or (iii) there was a pricing error. In such circumstances, MYSIM will contact Customer and may suggest alternative Products or services that Customer might wish to purchase (at the same or different price). In the event of a pricing error, MYSIM will communicate the correct price to Customer. If Customer does not accept MYSIM’s proposed substitution or the price modification, then MYSIM will cancel the order and refund any money that Customer may have paid to MYSIM in respect of the order, including any deposit. Subject to sections 7, 8, 9, and 17 of these Terms, repayment of such monies will be the extent of MYSIM’s liability to Customer if MYSIM is unable to deliver the Products and/or services ordered by Customer. 

2.8 Orders are final once construction of the Product begins. However, if your purchase qualifies as a “remote agreement” under the Consumer Protection Act, 2002 (Ontario), you may cancel within ten (10) days after receiving a copy of your agreement with MYSIM. To exercise your cancellation rights, contact info@mysim.ca with your order details. 

2.9 By purchasing a MYSIM Product or service, you represent and warrant that: 

a. All information you provide to MYSIM is true, accurate and complete; 

b. You accept full responsibility for all charges, duties, fees, taxes and other financial liability resulting from your purchase of a Prodcut or service; and 

c. You consent to the collection, use and disclosure of the personal information that you provide to MYSIM on the terms set out in our Privacy Policy and these Terms. 

3. PAYMENT TERMS 

3.1 Unless otherwise agreed in writing, all orders require: 

a. a 50% non-refundable (except as otherwise provided for in these Terms) deposit upon order submission; and 

b. the remaining 50% balance due upon confirmation from MYSIM that the unit is ready to ship or delivery. 

3.2 The deposit represents a pre-estimate of loss and is not a penalty. Production will not begin until the deposit has been received. This deposit is generally non-refundable, except where otherwise required by applicable consumer protection laws. 

3.3 All payments are subject to approval by appropriate financial institutions. MYSIM is not liable in any way if the appropriate financial institution refuses to accept or honor a method of payment for any reason. Moreover, MYSIM shall not be responsible for any fees or costs associated with a financial institution’s refusal to accept or honour a method of payment. The method of payment will be processed upon order placement and acceptance. 

3.4 You agree to pay the Product purchase price and all charges not included in the purchase price, which may include taxes, shipping, handling and delivery fees, and environmental handling fees, if and when applicable. 

3.5 We generally do not card payments due to chargeback-related fraud risks. Accepted forms of payment include: 

a. Wire transfers, and 

b. Interac e-Transfers (for Canadian clients) 

3.6 Failure to remit the final payment within fifteen (15) business days of notification from MYSIM may result in storage fees, shipping delays, or order cancellation. Deposits will not be refunded in such cases. 

3.7 MYSIM reserves the right to withhold delivery of all Products until payment of all amounts owed in respect thereof is confirmed. All amounts due are payable in Canadian (CDN) currency unless otherwise agreed to by the parties in writing. 

3.8 All costs, including, without limitation, legal costs incurred by MYSIM in recovering overdue debts, shall be payable by the Customer. 

4. AVAILABILITY OF PRODUCTS 

4.1 We do not guarantee that Products as shown on MYSIM’s website will be available for purchase, immediately available for delivery, or available for pickup. 

4.2 Orders will be placed based on current inventory only, whether on hand or in transit. In the event that the Products that are purchased are not based on current inventory, delivery may be delayed and you will be notified of any such delay at or soon after the time of purchase. 

4.3 In the event that you place an order for a Product that is not available, and you have paid a deposit, the deposit will be refunded to you within three (3) business days. 

5. BUILD TIMELINES 

5.1 Unless advised otherwise by MYSIM, timelines for delivering MYSIM Products are as follows: 

a. MYSIM SPORT / PRO / ULTIMATE: Estimated 4 to 6 weeks from receipt of deposit. 

b. MYSIM BESPOKE: Estimated 6 to 10 weeks from receipt of deposit. 

5.2 Build timelines are estimates only and may be adjusted due to parts availability or supply chain factors. 

5.3 Delay in payment from Customer may delay MYSIM’s Product delivery times. 

6. OWNERSHIP OF PRODUCTS 

6.1 Title to any product purchased by you will pass to you once the product is delivered to the delivery address specified in your order. In the event that the delivery address is a building that requires all deliveries to be received in a common area (such as a concierge or security desk), title of the product will pass once the product is delivered to such common area. Except as otherwise provided in these Terms of Use, you accept all risk of loss, theft or damage to the products you purchase once they have been delivered to the delivery address specified in your order. In the event that you designate another person to accept the product on your behalf, you will be deemed to have received the product upon that acceptance. 

6.2 If you refuse or fail to accept delivery of any products you order, with the exception of refusals related to visible delivery damages or due to any of the reasons stated in the Cancellation and Return Policy set out below, any risk of loss, theft or damage will pass to you, and not limiting any other rights or remedies MYSIM has, MYSIM: 

a. Will remain entitled to payment in full for the products shipped to your delivery address, including any delivery fees incurred; and 

b. May affect any required additional delivery by whatever means it considers appropriate, and you will be liable for all additional costs incurred as a result of such refusal or failure to accept delivery. 

7. DELIVERY POLICY 

7.1 We ship globally. All shipping charges, customs duties, and import taxes are the customer’s responsibility. MYSIM does not deliver to P.O. Boxes. 

7.2 We strongly recommend professional delivery and installation for all BESPOKE units due to product complexity and weight. 

7.3 You must be available to accept delivery. If delivery is missed and the product is returned, you are responsible for any return shipping, re-shipping, storage fees, and other associated costs. 

7.4 Delivery will be affected by Scheduled Carrier Delivery or Parcel Delivery, depending on the type of product purchased as indicated at checkout. 

7.5 You must provide a proper shipping address as entered in your order. Failure to provide proper shipping information could result in additional shipping charges for resending the products and/or delays. For residences that have an apartment/condo unit or suite, place this number in front of your street address to ensure that the carrier has the correct information. 

7.6 In the event of re-shipping due to inaccurate shipping information provided to MYSIM, or if a product was returned to MYSIM because it was refused, you will be held liable for all additional shipping charges and any other applicable charges. Delivery charges are not refundable unless your order is cancelled in accordance with these Terms of Use. 

7.7 The exact date and time of delivery cannot be guaranteed. Tracking information may be available once shipment starts. Please note that a signature may be required upon receipt of your order. 

7.8 If you have elected to have a default or pre-set “signature not required” signature option with the carrier delivery company, then the product(s) will be deemed to have been delivered to you when delivered to your door (as evidenced by the carrier delivery company’s proof of delivery). MYSIM will not be liable for any claim that the product has been lost, misplaced or has otherwise failed to be delivered to you as you have waived the requirement for the carrier to obtain a signature. 

7.9 The services included in your scheduled delivery fee vary based on the product purchased, and may include the following: 

a. Room of choice delivery for all products; and 

b. Unboxing (all other products will not be unboxed and the related packaging is expected to be kept until post-return period). 

7.9.1 MYSIM is not responsible if the delivery company is unable to deliver the products on the confirmed date and at the requested time of delivery due to unforeseen circumstances or a missed appointment by the customer. 

7.9.2 To change your requested delivery date, please contact MYSIM by email at info@mysim.ca. Although MYSIM will attempt to accommodate changes to requested delivery dates, MYSIM does not guarantee delivery on that date or within the estimated delivery times. 

7.9.3 Please note that you must accept delivery of the product within thirty (30) days of receiving a confirmation that the product is ready for shipment. For scheduled carrier delivery, in the event that you delay past the allowable requested delivery or pickup date, you may be charged additional storage fees. 

7.9.4 To prepare for your delivery: 

a. Measure all spaces, including hallways, stairs, doors and delivery pathways, to ensure there is at least a three (3) inch clearance on either side of the product. Remove doors, gates or railings, if necessary. 

b. Ensure there is a safe and clear pathway, including on all driveways, walkways, steps and stairs 

c. Please secure any pets. 

d. Ensure that a person who has reached the age of majority in your province or territory is home to accept the delivery. 

e. Reserve the service elevator, if a service elevator is required. 

f. Ensure clear access and adequate power. 

7.9.5 On delivery of your product, inspect your product to ensure you are satisfied with the condition of the product before signing to accept the delivery or pickup. 

7.9.6 MYSIM will not be held liable or responsible if the product purchased does not fit through the pathway, door, and stairwell or into the designated place for the product. Please note that the Scheduled Carrier Delivery company reserves the right to refuse delivery or to provide additional services in unsafe moving conditions or conditions that may cause damage to the products or personal property, or that may cause personal injury. In the event that the product does not fit through the pathway, door, and stairwell or into the designated place for the product, the product will be either placed in your garage or on your driveway and you will be responsible for making alternate arrangements to bring the product inside the residence. 

7.9.7 Our liability ends after successful onsite setup and testing. Avoid relocating the system without consulting MYSIM. 

7.9.8 MYSIM is not liable for any injuries post-instillation or damages from moving, misuse, or third-party adjustments following delivery. 

Please Note: Once you have received your product, you have forty-eight (48) hours to report concealed or carrier damage. MYSIM will refuse the return or repair of any product that has been abused or used for non-intended purposes, or that is not covered by, or has damage. 

8. WARRANTY 

8.1 We represent and warrant that our proprietary chassis and structural components will be free from defects in materials and workmanship under normal use for ten (10) years from delivery. This warranty applies to both residential and commercial use. For clarity this warranty only applies to components of the Product that is manufactured by MYSIM and not any third-party. Warranty for third-party components is subject to the terms under section 8.2. 

8.2 Third-party components (wheelbases, wheels, pedals, monitors, PCs, etc.) are warranted as follows: 

a. If the Prodcut is used for residential use: Three (3) years from delivery. 

b. If the Product is used for commercial use: Two (2) years from delivery. 

8.3 This warranty does not apply to: 

a. Cosmetic wear and tear; 

b. Damage due to misuse, abuse, or improper installation; 

c. Unauthorized modifications; and 

d. Use of unapproved third-party hardware or software. 

8.4 Warranty claims must be submitted with valid proof of purchase and serial number. MYSIM may require defective parts to be returned for inspection. If the claim is validated, MYSIM will cover return shipping of repaired/replaced parts. 

8.5 Warranty is non-transferable and available only to the original purchaser. 

8.6 To the fullest extent permitted by law, the remedies in this section are the sole and exclusive remedies for breach of warranty. All other warranties, express or implied (including merchantability or fitness for a particular purpose), are disclaimed except for any rights or remedies you may have under applicable laws, including warranties of merchantability and fitness for purpose under the Consumer Protection Act, 2002 (Ontario). 

8.7 Nothing in this section limits liability for death, personal injury, or property damage directly caused by MYSIM’s gross negligence or willful misconduct, where such limitation is prohibited by law. 

9. CANCELLATION AND RETURN POLICY 

9.1 All BESPOKE-RF3 builds are considered final sale due to their custom nature. No refunds, returns, or exchanges will be accepted. Warranty remedies as outlined in Section 8 apply. However, nothing in these Terms limit your rights under applicable consumer protection laws, including the right to receive goods that are of acceptable quality, fit for their intended purpose and as described at the time of purchase. 

9.2 Subject to sections 9.6 and 9.11 of these Terms, returns for SPORT, PRO and ULTIMATE units are generally not accepted. MYSIM may, at its sole discretion, approve a return if: 

a. the system is unused and in original packaging; 

b. the customer pays all return shipping, duties, insurance, and repacking costs; and 

c. a 20% restocking fee applies. 

9.3 MYSIM may deny any return if the system shows signs of use, damage, or improper handling. 

9.4 You can cancel the order of a Product so long as we have not started the construction process. MYSIM may charge additional fees beyond the non-refundable deposit depending on the stage of construction of the Product when the order is cancelled. 

9.5 If your product appears to be damaged-on-arrival or dead-on-arrival or otherwise defective you must contact MYSIM to report any such damage within forty-eight (48) hours after delivery by contacting MYSIM at info@mysim.ca. A diagnostics test will be performed by MYSIM to validate whether or not the product is defective. If the product is found not to be defective, your Product will be returned to you and no credit or refund will be issued. 

9.6 Any Products that are confirmed by MYSIM to be damaged-on-arrival or dead-on-arrival or otherwise defective within forty-eight (48) hours upon delivery, and under warranty in accordance with section 8 of this policy, shall be fixed by MYSIM at no additional cost to the Customer. If the Product requires to be shipped back to MYSIM, MYSIM shall pay for all shipping fees and associated costs for delivery back to MYSIM’s warehouse. MYSYM shall also pay all shipping and associated fees for re-delivery of the defective Products. MYSIM reserves the right to determine whether a Product requires to be fixed in its warehouse or at the place of original delivery. 

9.7 After the first forty-eight (48) hours after pickup, a determination will be made as to whether your defective or damaged product will be repaired or refunded, in MYSIM’s sole discretion, according to its warranty policy. 

9.8 Returned systems must be handled by professional freight providers. Damaged or incomplete returns will be denied. The customer is solely responsible for initiating insurance claims if damage occurs during return transit. 

9.9 If the Product’s packaging is damaged but the Product itself is not damaged and functional, MYSIM will not replace the Product. 

9.10 If your Product has been delivered, whether or not it is eligible for return will be determined by MYSIM in accordance with this policy. 

9.11 If you find that any Product, or a component of a Product, is missing, or is incorrect (or you have received the incurred model, colour or Product), or there has been a short-shipment or over-shipment (i.e. incorrect quantity) of your order, you must contact and inform MYSIM within forty-eight (48) hours of acceptance of delivery by email at info@mysim.ca. If the issue is reported within forty-eight (48) hours of acceptance of delivery, and if the carton is not damaged and has not been moved from its original “ship to” location, MYSIM or a third party service provider, will commence an investigation. If MYSIM or its agent must investigate your delivery or product, you must keep the original shipping carton, all parts, packing material, and the product. If the investigation finds that no fault has been found with the packing, shipping and/or delivery, the investigation will be closed, with no compensation or product replacement. If the investigation finds that a component of the Product is missing, MYSIM will repair the Product at no charge to the customer. 

9.12 This policy does not limit your rights under applicable consumer protection laws. 

MYSIM SHALL NOT IN ANY WAY BE RESPONSIBLE IF A PRODUCT OR COMPONENT (S) ARE MISSING/INCORRECT AND ARE NOT REPORTED WITHIN 48 HOURS OF DELIVERY OR PICKUP, AND/OR IF THE EXTERNAL CARTON HAS NOT BEEN RETAINED. 

9.13 As part of the return process, we want to address your privacy concerns. If a product is eligible for return and is returned, it is your responsibility to delete any confidential, proprietary or personal information, including de-activating any accounts associated with the product, and removing all data and content stored on the Product, if applicable. Subject to applicable law, MYSIM is not be responsible in any way for any loss, disclosure of or damage to any data or content stored on the Product and MYSIM will not be responsible for returning any data or content stored on the Product back to you. If the Product is eligible for return in accordance with these Terms, please wipe the Product clean of your personal information prior to returning it. 

9.14 Notwithstanding this section, your rights under the Consumer Protection Act, 2002 (Ontario), including the right to remedies for latent defect or non-conforming goods, remain unaffected regardless of when the issue becomes apparent. 

10. SAFETY AND USAGE DISCLAIMER 

10.1 You assume all risks associated with use or misuse of the simulator, including risk of injury, fatigue, or aggravation of pre-existing conditions. 

10.2 MYSIM shall not be liable for injury, loss, or damage resulting from: 

a. Improper assembly or installation by Customer 

b. Use by minors without supervision 

c. Use by individuals with pre-existing medical conditions 

d. Third-party modifications or accessories 

10.3 You agree to indemnify and hold harmless MYSIM from all claims or damages arising from the use or misuse of our products. 

10.4 You agree to follow all instructions in installation and use of MYSIM’s products. Failure to do so voids Product(s) warranty. 

10.5 Use by individuals under 16 years of age is only allowed with adult supervision. Responsibility rests solely with the Customer. 

10.6 If the simulator is used at public events or commercial venues, the operator assumes all responsibility for safe use, supervision, and compliance with applicable safety standards. MYSIM strongly recommends the operator obtain event or commercial general liability insurance to protect against claims arising from third-party use or injury. MYSIM shall not be held liable for injuries or incidents caused by improper supervision or use in such environments. 

10.7 High-Torque Safety Notice (Applicable to Simucube and Similar Devices): 

a. Devices may produce torque up to 32 Nm, rotate up to 360 RPM, and generate mechanical power up to 600W 

b. Pull force on rotating shafts may exceed 130 kg (270 lbs) if hair, cables, or fabric becomes entangled 

c. Surface temperature may reach 70°C (158°F) 

d. Devices may activate motion unexpectedly 

10.8 Operational Warnings: 

a. Always mount the device securely to a rigid platform using all included mounting screws 

b. Test Torque Off or Emergency Stop before each session 

c. Never operate the simulator without securing all mounting hardware 

d. Keep hair, cables, and loose clothing away from rotating parts 

e. Never attempt to stop a rotating wheel by hand 

f. Disable torque before attaching or removing steering wheels 

g. Use only with Simucube-approved power supplies and cables 

h. Device should only be used by adults in good physical condition, following all safety instructions 

Medical Warning: This product contains strong electromagnetic fields and internal magnets. Do not use or operate this simulator if you have a pacemaker, defibrillator, programmable shunt valve, or any other implanted medical device. Doing so may cause serious interference or injury. Always consult your physician before use if you have any medical concerns. 

Failure to comply may result in injury or equipment damage. Usage of any MYSIM Products is at the operator’s own risk.

11. TRADEMARKS 

11.1 Nothing appearing on the Product or in these Terms of Use grants to you the right to use the names, designs, trademarks or logos appearing on the Product (the “Marks”). The Marks are the registered or unregistered trademarks, service marks, tradenames and logos owned or licensed by MYSIM. All use, duplication, publication, modification or dissemination of the Marks by you is prohibited. 

12. THIRD PARTY PLATFORMS 

12.01 MYSIM’s Products may use or reference other products or platforms that are owned and operated by third parties. We do not sponsor or endorse any information, products, goods or services contained in or offered through any of the products or platforms. These third-party sites are not maintained, operated or controlled by MYSIM, and we provide no representation or warranty regarding these products or platforms. You assume sole liability for the access or use of such third-party products or platforms. 

13. ERRORS AND OMISSIONS: CHANGES TO PRODUCTS, OFFERS OR ORDERS 

13.01 We strive to ensure current and accurate information on our website. However, due to changing market conditions and competition, misprints, omissions or other errors may sometimes occur, including, but not limited to, incorrect prices, incorrect promotional periods, and/or specifications for products. MYSIM does not guarantee that products and services advertised on its website will be available when viewed or upon subsequent visit or thereafter. 

13.02 We endeavor to provide our customers with an agreeable solution to their shopping needs. However, MYSIM does not warrant that the content of its website including, without limitation to, product descriptions, pricing or photographs, is accurate or complete. 

13.03 We endeavor to provide our Customers with an agreeable solution to their shopping needs. However, MYSIM does not warrant that the content of tits website or promotional materials including, without limitation to, product descriptions, pricing or photographs, is accurate or complete. 

13.04 MYSIM, at all times reserves the right at any time without prior notice or liability to you or any other person, to: 

a. Revoke any stated offer on our website, and to correct any omission, error or inaccuracy, including after an online order has been submitted, whether or not the online order has been confirmed or your payment has been processed, as permitted by applicable law; 

b. Change at any time the products and services advertised or made available for sale on the website, the prices, fees, charges and specifications of such products and services, any promotional offers and any other website content without any notice or liability to you or any other person; 

c. Limit quantities available for sale or sold; and 

d. Reject, correct, cancel or terminate any order, including accepted orders, for any reason. 

14. CONSENT FOR COLLECTION AND USE OF DATA 

14.01 You acknowledge and agree that MYSIM and/or parties that are entrusted by MYSIM may collect and use information necessary to provide the services offered to you through its website, and to improve or enhance our services. At all times your information will be treated in accordance with MYSIMS’s Privacy Policy which can be viewed at [LINK]. You are responsible for obtaining (and you represent and warrant that you have obtained), any and all consents that may be required under applicable law from all individuals whose information may be collected by MYSIM and on whose behalf you are making a purchase or from all individuals whom you may be relying upon in your use of the website. 

15. ACCURACY OF INFORMATION 

15.01 It is your responsibility to ensure that all information that you provide to MYSIM through its website is accurate, complete and up-to-date, including information required to open a user account, payment information, contact information and all transaction information. You will be solely responsible for any and all loss, damage, cost or expense that you or any other person may incur as a result of the provision of false, incorrect, misleading or incomplete information by you. 

16. PERSONAL INFORMATION 

16.01 MYSIM may collect, use and disclose personal information about its customers in accordance with the terms of its Privacy Policy, which MYSIM may amend or change without notice to you at any time at its discretion. By accepting these Terms, and each time you use its website or Products, you consent to the collection, use and disclosure of your personal information on the terms set out in MYSIM’s Privacy Policy. 

16.02 You further acknowledge and agree with MYSIM that you consent to the collection, use and disclosure of your personal information including, without limitation, your name, address, email address, phone number, credit or debit card and other financial information (“Personal Information”) that is gathered about you through its website or otherwise in connection with your purchase or placement of an order of any MYSIM product (the “Purchase”) and the disclosure of your Personal Information to third parties who may further collect, use and disclose your Personal Information to enable MYSIM, and any third parties and ancillary fulfillment service providers that MYSIM determines are necessary for the fulfillment of the Purchase, to attend to post-purchase matters including repairs and returns. The foregoing includes, without limitation, collection for and disclosure of Personal Information to third party payment service providers (e.g. PayPal, Square Payments, etc.), and delivery services used to ship the MYSIM product (collectively, the “Permitted Third Parties”) and the use of the Personal Information by the Permitted Third Parties to: (a) process the Purchase and payment of same, (b) bill and collect money owed in relation to the Purchase, (c) deliver the product to you, (d) communicate with you whether directly or indirectly regarding your Purchase and advise you of other products and services that are available or may be available in the future, (e) provide you with effective customer service, including but not limited to trouble-shooting or warranty service, and ask for feedback on same, (f) remit applicable taxes, and (g) comply with legal and regulatory requirements (collectively the “Purposes”). By submitting your Personal Information you agree that the Permitted Third Parties may rely on the consents granted herein for the Purposes. You acknowledge and agree that your Personal Information may be stored outside of Canada. By submitting your Personal Information you agree that the Permitted Third Parties may rely on the consents granted herein. 

17. LIABILITY 

17.01 MYSIM is not liable for any indirect, incidental, or consequential damages, including, but not limited to: 

a. Lost revenue or profits 

b. Business interruption 

c. Property damage not caused by MYSIM 

d. Claims from third-party use 

17.02 By purchasing a MYSIM Product, you acknowledge and agree that MYSIM’s liability is limited to the amount paid for the Product or service in question. 

17.03 This limitation does not apply in cases of gross negligence or intentional misconduct where prohibited by law. 

17.04 YOUR ACCESS TO AND USE OF MYSIM’S PRODUCTS AND WEBSITE IS AT YOUR OWN RISK. MYSIM’S PRODUCTS AND WEBSITE CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF OR RELATED TO ACCURACY, ACCESSIBILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, PERFORMANCE OR DURABILITY, ALL OF WHICH ARE DISCLAIMED BY MYSIM TO THE FULLEST EXTENT PERMITTED BY LAW. 

17.05 MYSIM DO NOT REPRESENT THAT ITS PRODUCTS OR WEBSITE OR THE CONTENT CONTAINED ON ITS PRODUCTS OR WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ITS WEBSITE OR PRODUCTS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 

17.06 THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS OF LIABILITY OR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOLLOWING EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. MYSIM AND THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS OR SIMILAR DAMAGES, OR DAMAGES RESULTING FROM ANY (1) ERRORS OR OMISSIONS IN CONTENT, (2) UNAUTHORIZED ACCESS TO OR USE OF OUR PRODUCTS OR WEBSITE AND/OR YOUR ACCOUNT AND/OR ANY AND ALL PERSONAL INFORMATION AND OR FINANCIAL INFORMATION STORED THEREIN, (3) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, OR (4) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY. THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF THE LEGAL THEORY GIVING RISE TO THE DAMAGES (INCLUDING CLAIMS FOR NEGLIGENCE OR GROSS NEGLIGENCE), AND EVEN IF MYSIM HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. 

18. GENERAL PROVISIONS 

18.01 To the fullest extent permitted by applicable law, for users outside the Province of Ontario, all issues and questions concerning the construction, validity, interpretation and enforceability of these Terms or any matter related to these Terms will be governed by and construed in accordance with the domestic laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice of law or conflict of law terms or provisions that would cause the application of any other jurisdiction’s laws. 

18.02 The United Nations Convention on Contracts for the International Sale of Goods does not apply. 

18.03 You acknowledge and agree that products, goods and services purchased or obtained through MYSIM, are subject to additional terms and conditions including, but not limited to, terms and conditions respecting payment of amounts due, purchase price, fees, and taxes and you agree to abide by all such terms and conditions. 

18.04 The invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Terms shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. 

18.05 Any delay, omission or failure by MYSIM, if applicable, to exercise their rights, powers or remedies under these Terms shall not constitute a waiver by MYSIM of those rights, powers or remedies. 

18.06 You may not assign these Terms or assign any rights or delegate any obligations under these Terms. 

18.07 These Terms do not replace and are in addition to any other agreement you may have with MYSIM, if applicable. Subject to any other agreement you have entered into with us, if applicable, these Terms and any other notices or statements posted on MYSIM’s website constitute the entire agreement between us concerning the use of MYSIM’s website or Products and supersede any and all prior or contemporaneous terms of purchase, communications and proposals, whether electronic, oral or written, between you and MYSIM. Any attempt to modify or alter this document will be deemed null and void, unless first approved by MYSIM in writing and on official company letterhead. 

CONSUMER PROTECTION NOTICE: Nothing in these Terms limits or excludes any rights or remedies you may have under the Consumer Protection Act, 2002 (Ontario) or any other applicable consumer Protection legislation. In the event of any conflict between these Terms and your statutory rights, the latter shall prevail.