Privacy policy

SafeGuard Terms of Service

1. Overview & Agreement

This website is operated by SafeGuard. Throughout the site, the terms “we”, “us” and “our” refer to SafeGuard. 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 policies referenced herein and/or available by hyperlink:

  • Shipping Policy
  • Refund & Returns Policy
  • Limited Warranty

2. Online Store Terms (Standard Shopify)

By agreeing to these Terms, you represent that you are at least the age of majority in your province or state of residence. You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). A breach or violation of any of the Terms will result in an immediate termination of your Services.

3. Contract Formation & Delivery (SafeGuard Custom)

  • The Digital Contract: A binding contract is formed only when your order is dispatched. SafeGuard reserves the right to cancel any order prior to shipment for any reason, including pricing errors.
  • Transfer of Possession: You agree that a carrier-provided Proof of Delivery (GPS timestamp or photo) constitutes the successful transfer of physical possession to you, fulfilling our delivery obligation under the Ontario and BC Consumer Protection Acts.
  • 30-Day Rule: We aim to deliver all goods within 30 days of the estimated date. If we cannot meet this window, you have the right to cancel for a full refund prior to delivery.

4. Accuracy of Billing & Account Information

We reserve the right to refuse any order you place with us. You agree to provide current, complete, and accurate purchase and account information for all purchases. You agree to promptly update your account and other information, including your email address and credit card numbers/expiration dates, so that we can complete your transactions and contact you as needed.

5. Product Use, Safety & 200 lb Rating

  • Weight Rating: SafeGuard covers are rated for a 200 lb static load. This rating is strictly contingent upon "Proper Installation" (anchored to the building foundation and in direct contact with the window well perimeter) as defined in our Installation Guide.
  • Compliance: The customer is solely responsible for ensuring the product meets local building, fire, and egress codes. Installation of the product constitutes final acceptance of its condition and fitness for purpose.

6. Limitation of Liability (The "SafeGuard Shield")

To the maximum extent permitted by Canadian law, SafeGuard’s liability is strictly limited to the purchase price of the product. SafeGuard shall not be liable for:

  • Consequential Damages: Including but not limited to basement flooding, water ingress, or property damage.
  • Personal Injury: Resulting from exceeding the 200 lb static weight limit or improper anchoring.
  • Third-Party Acts: Theft or damage occurring after documented Proof of Delivery.

7. Prohibited Uses

In addition to other prohibitions, 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 international, federal, or provincial regulations; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others.

8. Indemnification

You agree to indemnify, defend and hold harmless SafeGuard and our parent, subsidiaries, affiliates, partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or your violation of any law or the rights of a third-party.

9. 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 Ontario, Canada.

10. Contact Information

Questions about the Terms of Service should be sent to us at info@safeguardwwc.com

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