TERMS AND CONDITIONS
Web Site Terms and Conditions
Usage of the Whirlpool Web World Internet site is to be considered part of any other terms and conditions governing the commercial relationship between the parties and applicable to any transaction facilitated by documents. The terms of this Agreement shall be deemed a part of any transaction facilitated by documents. The terms of this Agreement shall prevail in case of any conflict with any other terms and conditions applicable to any transaction facilitated by documents and the rights and obligations of the parties under such other terms and conditions shall be deemed revised to the extent necessary to give effect to this Agreement.
I. Whirlpool Canada LP, hereafter referred to as Whirlpool, will not be liable for any damages, including any lost profits, lost savings or other incidental or consequential damages arising out of the use or inability to use the web site even if Whirlpool has been advised of the possibility of such damages.
II. If any transmitted document is received and cannot be deciphered or understood by the receiving party, the receiving party shall contact the originating party and take reasonable steps to correct and process the document. If the receiving party cannot identify the originator, the receiving party will not be liable.
III. Parties and Whirlpool agree to electronic transmission of certain purchase and sales information in substitution for conventional paper-based documents. The electronic transmission will be as legally binding and enforceable as a conventional based process. The parties may still communicate by conventional means, if a mechanical, electronic or communication failure prevents either party from transmitting or receiving electronic documents.
IV. When executing internet transactions, each party will establish user ID's or email addresses to identify themselves. The presence of this user ID or email shall be sufficient to verify the source and authenticity of each internet transaction.
V. Each party shall pay its own costs for execution of Internet transactions including the cost of any Internet Service Providers (ISP) with which it contracts.
VI. Internet transactions containing the user ID and functionally acknowledged as received will constitute signed writings.
VII. A functional acknowledgment for receiving an internet transaction is not the submission of the transaction itself, but the acceptance of a completed or 'open' transaction.
VIII. The parties will be responsible for all internet transactions placed under the approved user ID and password.
I. Each party shall undertake all reasonable steps to prevent unauthorized access to and use the computer processing and communications facilities under its control through which documents are transmitted and received.
II. Each party shall be responsible for the confidentiality of assigned user identification and log-on passwords. Neither party shall reveal to any unauthorized person the user identification and passwords of the other party.
III. Each party, upon becoming aware of any breach of security or unauthorized usage of user identification and passwords, shall immediately inform the other party, investigate the breach, use or transmission, and report to the other party as to the outcome of the investigation. Transmissions of electronic documents shall be suspended until security has been re-established to the reasonable satisfaction of both parties.
IV. Whirlpool shall install a process to delete user ID and password, by user, as requested by participating parties.