Terms & Conditions

Terms of Service

OVERVIEW

This website is operated by CUBE DOCKS INC. Throughout the site, the terms “we”, “us” and “our” refer to CUBE DOCKS INC. CUBE DOCKS INC. offers this website, including all information, tools, products, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, customers, merchants, distributors, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, placing an order, requesting a quotation, or purchasing any product or service from us, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.

Any new features, products, services, or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store may be hosted by a third-party e-commerce platform, Ecwid, that allows us to market and sell our products and services to you.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your province, state, or territory of residence, or that you are the age of majority in your province, state, or territory of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any applicable laws, bylaws, regulations, marina rules, harbour rules, environmental requirements, or intellectual property laws in your jurisdiction.

You must not transmit any worms, viruses, malware, or any code of a destructive nature.

A breach or violation of any of the Terms may result in an immediate termination of your access to our Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time, including where we believe an order may involve unsafe use, unauthorized resale, regulatory issues, suspected fraud, or misuse of our products.

You understand that your content, excluding payment information where processed through secure third-party providers, may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, access to the Service, product descriptions, images, manuals, drawings, layout concepts, or any contact on the website through which the Service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete, current, or free from typographical errors. The material on this site is provided for general information only and should not be relied upon as the sole basis for making marine, structural, engineering, commercial, legal, safety, or purchasing decisions without consulting more accurate, more complete, more timely, or site-specific sources of information.

Any reliance on the material on this site is at your own risk.

This site may contain historical information. Historical information, necessarily, is not current and is provided for reference only.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service, any product line, any accessory, any configuration, any quoted price, or any part or content thereof without notice at any time.

We shall not be liable to you or to any third party for any modification, price change, suspension, discontinuance, or withdrawal of any product or service.

Quotes are valid only for the time period stated on the quote or, if no time period is stated, for a reasonable period determined by us in our sole discretion.

SECTION 5 – PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and may be subject to return or exchange only according to our Return Policy, if any.

We have made every effort to display as accurately as possible the colours, dimensions, and images of our products that appear at the store. We cannot guarantee that your computer monitor, phone screen, or other display of any colour, size, finish, or texture will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, company, marina, region, or jurisdiction. We may exercise this right on a case-by-case basis.

We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products, product measurements, specifications, load capacities, weight capacities, compatibility, and product pricing are subject to change at any time without notice, at the sole discretion of us.

We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that any product, service, information, or other material purchased or obtained by you will meet your expectations, be suitable for your specific site conditions, or be compatible with any third-party dock, anchoring, or marina system unless expressly confirmed by us in writing.

SECTION 6 – ORDER ACCEPTANCE, BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse, limit, or cancel any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, household, company, marina, reseller, or order.

These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email address, billing address, delivery address, or phone number provided at the time the order was made.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, phone number, billing information, delivery information, and any other relevant order details, so that we can complete your transactions and contact you as needed.

SECTION 7 – PAYMENT TERMS

We may accept payment by eTransfer or any other payment method approved by us from time to time.

Unless otherwise stated in writing, payment is due in full before shipment, pickup, or delivery.

A deposit may be required for custom orders, bulk orders, pre-orders, special-order accessories, delivery scheduling, reserved inventory, or installation scheduling. Deposits are non-refundable unless otherwise stated in writing.

If a payment is reversed, declined, disputed, charged back, or otherwise not honoured, we reserve the right to suspend performance, cancel the order, recover our costs, and pursue any other remedies available to us.

SECTION 8 – TAXES

All prices are listed in Canadian dollars unless otherwise stated.

Applicable taxes, if any, will be charged as required by law. If we are not required to collect GST/HST at the time of sale because we qualify as a small supplier, we reserve the right to begin charging applicable taxes once registration is required or voluntarily elected. (Canada)

The customer is responsible for any customs charges, duties, import fees, brokerage fees, local taxes, or other government charges applicable to the order.

SECTION 9 – DELIVERY, PICKUP, TITLE AND RISK

Delivery dates are estimates only unless specifically guaranteed by us in writing.

We are not liable for delays caused by carriers, weather, marina access restrictions, site conditions, customer unavailability, supply chain issues, force majeure events, or any circumstance beyond our reasonable control.

Unless otherwise agreed in writing, delivery is deemed complete and title and risk pass to the customer when the products are:

delivered to the delivery address provided by the customer,
made available for pickup by the customer or the customer’s representative, or
transferred to a third-party carrier selected by the customer or on the customer’s behalf.

After delivery, pickup, or transfer to carrier, the customer bears all risk of loss, theft, damage, misuse, improper storage, environmental exposure, and third-party interference.

The customer is responsible for ensuring safe and lawful access to the delivery location, including access for trucks, trailers, forklifts, or personnel where required.

SECTION 10 – INSPECTION AND ACCEPTANCE OF GOODS

The customer must inspect all goods immediately upon delivery or pickup.

Any claim for shortage, incorrect product, visible defect, or delivery damage must be reported to us in writing within 48 hours of delivery or pickup, together with photographs and a clear description of the issue.

Failure to report any such issue within 48 hours constitutes acceptance of the products as delivered.

Claims relating to alleged hidden manufacturing defects remain subject to our warranty process and inspection requirements.

SECTION 11 – INSTALLATION, SITE CONDITIONS AND CUSTOMER RESPONSIBILITY

Unless expressly agreed in writing, CUBE DOCKS INC. does not provide engineering services, stamped drawings, geotechnical analysis, anchoring design, site-specific structural review, marina approval services, environmental permitting services, or legal compliance advice.

The customer is solely responsible for:

determining whether the products are suitable for the intended use and site conditions,
ensuring proper installation, assembly, anchoring, mooring, fastening, and securing of the dock system,
complying with all applicable federal, provincial, municipal, marina, environmental, navigational, and harbour requirements,
obtaining all required permits, permissions, approvals, consents, and authorizations,
ensuring safe access to and from the dock,
ensuring that all users of the dock act safely and responsibly.

Where we provide general guidance, sketches, product suggestions, sample layouts, cube counts, or loading estimates, such information is provided for general informational purposes only and does not constitute professional engineering advice, site certification, or a guarantee of performance for the customer’s particular location.

SECTION 12 – PRODUCT USE, LOAD LIMITS AND SAFETY

Our modular floating docks are designed for intended marine and waterfront use only.

Any stated or advertised load capacities are approximate, assume distributed loads, proper assembly, proper anchoring, proper environmental conditions, normal use, and ongoing maintenance, and must not be treated as a guarantee of performance under all conditions.

Unsafe loading includes, without limitation:

concentrated point loading,
overloading,
uneven weight distribution,
impact loading,
use with unsuitable watercraft,
use in excessive wave, wake, current, or storm conditions,
use with damaged, worn, modified, or improperly assembled components.

The customer acknowledges that use of floating docks, ramps, rollers, dry-docking systems, and related accessories involves inherent risk, including slipping, falling, instability, water immersion, vessel movement, collision, property damage, serious injury, and drowning.

The customer agrees that it is their responsibility to supervise use, inspect the dock regularly, maintain the system, replace worn parts, and discontinue use if any unsafe condition exists.

SECTION 13 – MARINA, WATERFRONT AND ENVIRONMENTAL COMPLIANCE

The customer is solely responsible for confirming whether the intended use, placement, anchoring, access, and operation of the dock system is permitted at the customer’s location.

This includes compliance with any marina rules, strata rules, lease terms, harbour authority rules, municipal bylaws, provincial requirements, navigational requirements, shoreline restrictions, and environmental requirements.

We do not represent or warrant that any product is approved for use at any specific marina, shoreline, lake, river, oceanfront, commercial site, or residential waterfront location unless expressly stated by us in writing.

SECTION 14 – OPTIONAL TOOLS

We may provide you with access to third-party tools, calculators, plugins, maps, scheduling tools, quote forms, financing tools, freight tools, or other resources over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement.

We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion.

SECTION 15 – THIRD-PARTY LINKS

Certain content, products, and services available via our Service may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content, legality, compliance, accuracy, or reliability of any third-party materials or websites and we do not warrant and will not have any liability or responsibility for any third-party materials, websites, goods, or services.

We are not liable for any harm or damages related to the purchase or use of goods, services, content, or any other transactions made in connection with any third-party websites.

SECTION 16 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions, or without a request from us you send creative ideas, testimonials, reviews, suggestions, proposals, plans, photos, videos, feedback, or other materials, whether online, by email, by text, by social media, or otherwise, you agree that we may, at any time, without restriction, edit, copy, publish, post, distribute, translate, market, and otherwise use in any medium any comments or submissions that you forward to us.

We are under no obligation:

to maintain any comments in confidence,
to pay compensation for any comments, or
to respond to any comments.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, confidentiality, or other personal or proprietary right.

You further agree that your comments will not contain unlawful, abusive, defamatory, misleading, obscene, or malicious material, or any malware or other harmful code.

You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

SECTION 17 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 18 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, dimensions, capacities, pricing, promotions, shipping charges, transit times, colours, availability, or compatibility.

We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice, including after you have submitted your order.

We undertake no obligation to update, amend, or clarify information in the Service or on any related website except as required by law.

SECTION 19 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any applicable laws, regulations, rules, bylaws, or ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate;
(f) to submit false, misleading, or fraudulent information;
(g) to upload or transmit viruses or malicious code;
(h) to collect or track the personal information of others without lawful authority;
(i) to spam, phish, crawl, scrape, or data-mine;
(j) to interfere with or circumvent the security features of the Service or any related website;
(k) to use our materials, images, dock layouts, manuals, or pricing content to compete with us or copy our business without authorization.

We reserve the right to terminate your use of the Service or any related website for violating any prohibited use.

SECTION 20 – DISCLAIMER OF WARRANTIES

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate, complete, reliable, or suitable for your specific purpose.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are provided “as is” and “as available” except as expressly stated by us in writing.

To the fullest extent permitted by applicable law, we disclaim all representations, warranties, and conditions of any kind, whether express, implied, statutory, or collateral, including any implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

Nothing in these Terms excludes any consumer rights that cannot lawfully be excluded. (BC Laws)

SECTION 21 – LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, in no case shall CUBE DOCKS INC., our directors, officers, employees, affiliates, agents, contractors, subcontractors, suppliers, service providers, dealers, distributors, licensors, or representatives be liable for any injury, loss, claim, direct, indirect, incidental, punitive, special, exemplary, or consequential damages of any kind, including without limitation lost profits, lost revenue, lost savings, loss of opportunity, loss of data, vessel damage, property damage, environmental loss, replacement costs, personal injury, water-related injury, or drowning, whether based in contract, tort including negligence, strict liability, statute, equity, or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product.

Without limiting the foregoing, CUBE DOCKS INC. shall not be liable for any loss or damage arising from:

improper installation,
improper anchoring,
misuse,
overloading,
unauthorized modifications,
use in unsafe or unsuitable marine conditions,
failure to inspect, maintain, repair, or replace worn parts,
non-compliance with local rules, permits, or approvals,
acts or omissions of third parties.

Where liability cannot legally be excluded but can be limited, our total aggregate liability shall be limited to the lesser of:

the amount paid by you for the product or service giving rise to the claim, or
the minimum amount permitted under applicable law.

SECTION 22 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless CUBE DOCKS INC. and our parent companies, subsidiaries, affiliates, officers, directors, shareholders, employees, agents, contractors, subcontractors, licensors, suppliers, dealers, distributors, and service providers from and against any claim, demand, action, proceeding, liability, loss, damage, judgment, settlement, fine, penalty, cost, or expense, including reasonable legal fees, arising out of or relating to:

your breach of these Terms of Service,
your misuse of the products,
your installation, anchoring, maintenance, or modification of the products,
your violation of any law, regulation, marina rule, permit condition, or third-party right,
any injury, loss, or damage suffered by a third party in connection with your use or possession of the products.

SECTION 23 – TERMINATION

These Terms of Service are effective unless and until terminated by either you or us.

You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate this agreement or suspend your access at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

Sections that by their nature should survive termination shall survive termination, including without limitation ownership provisions, payment obligations, disclaimers, limitation of liability, indemnity, governing law, and dispute provisions.

SECTION 24 – SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 25 – ENTIRE AGREEMENT

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, quotations, proposals, representations, and understandings, whether oral or written, between you and us, except where expressly set out in a signed written agreement.

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 26 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Province of British Columbia and the applicable federal laws of Canada. (BC Laws)

You agree that any dispute arising out of or relating to the Service, the website, or any product supplied by us shall be brought exclusively before the courts of British Columbia, unless applicable law requires otherwise.

SECTION 27 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 28 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at:

CUBE DOCKS INC.

Email: info@cubedock.ca

Phone: 604-366-8686

Address: #3, 1726 Commercial Drive, Vancouver, BC, Canada