These Terms and Conditions form the basis on which Accredited Dealers may be eligible to participate in the Promotion. By participating in the Promotion (including by submitting an Eligible Application in accordance with these Terms and Conditions), Accredited Dealers are deemed to have read, accepted and agreed to be bound by these Terms and Conditions and any Accredited Dealer's participation in the Promotion constitutes an irrevocable agreement to these Terms and Conditions.
- The Promotion is only open to Accredited Dealers.
- The Promotion, and any Accredited Dealer's participation in the Promotion, is subject to compliance with these Terms and Conditions.
- Invitation to participate in the Promotion is at the sole and absolute discretion of SilverChef. SilverChef may withdraw an invitation to participate at any time, in its sole discretion.
- The Promotion commences at 12:01am (PST) on January 5, 2022 and closes at 8:00pm (PST) on January 31, 2022.
- In order to participate in and be eligible for the Promotion, Accredited Dealers must, during the Promotional Period, submit Eligible Applications to SilverChef.
- Subject to the terms of the Promotion and these Terms and Conditions, Accredited Dealers will be eligible to earn a Reward for each Eligible Application submitted during the Promotional Period.
- Eligible Applications submitted by the Accredited Dealer will be subject to SilverChef’s usual vetting and approval process. SilverChef adheres to responsible lending practices and reserves the right to refuse any applications for any reason whatsoever, at its sole discretion, without explanation.
- All Rewards will be paid in Canadian currency (CAD).
- Payment of any earned Reward to an Accredited Dealer will be remitted to such Accredited Dealer via such method and on such terms as are determined by SilverChef, in its sole and absolute discretion.
- Notwithstanding anything to the contrary, SilverChef reserves the right to verify the validity and eligibility of all applications for the purposes of approving same as Eligible Applications and, in its sole and absolute discretion, to disqualify any Accredited Dealer (and reject all Eligible Applications from any such Accredited Dealer) who SilverChef has reason to believe has breached any of these Terms and Conditions, tampered with the participation process or engaged in any unlawful or other improper or fraudulent misconduct or activity which has or may jeopardise fair and proper conduct of the Promotion. SilverChef’s legal rights to recover damages or other compensation from such an offender are reserved. All applications will be rejected if they do not comply with these Terms and Conditions.
- Any decision made by SilverChef in relation to clause 10, the Promotion, Accredited Dealers, Eligible Applications or otherwise arising out of or in any way connected to the Promotion or these Terms and Conditions is final and binding and no correspondence will be entered into in respect of any decision made. For the avoidance of doubt, any dispute relating to the Promotion (including, without limitation, a dispute as to whether an Accredited Dealer has complied with these Terms and Conditions) or these Terms and Conditions shall be resolved by SilverChef in its sole and absolute discretion.
- SilverChef reserves the right to suspend, alter, adjust or terminate the Promotion or these Terms and Conditions in its sole and absolute discretion. Any changes to the Promotion or these Terms and Conditions during the Promotion Period will be notified to Accredited Dealers in writing and will only effect Eligible Applications submitted after any such notice has been communicated to Accredited Dealers.
- This Promotion cannot be used in conjunction with or combined with any other promotion or offer.
- Accredited Dealers are solely responsible for payment of any applicable taxes, fees and other assessments on any Rewards as well as reporting any Rewards to the appropriate taxing authority for tax purposes, as required.
- Accredited Dealers acknowledge and agree that SilverChef will not be liable for any injury or damage whatsoever or howsoever caused associated with, in connection with, or arising from, the Promotion, these Terms and Conditions or any Reward. By participating in the Promotion, Accredited Dealers release and hold harmless SilverChef, its affiliates and its and their respective directors, officers, owners, partners, employees, agents, representatives, successors and assigns from any and all liability directly or indirectly arising in connection with the Promotion. In no event shall SilverChef be liable for any special, incidental, indirect, punitive or consequential damages, even if advised of the possibility of such damages.
- Accredited Dealers shall comply with all laws, legislation and regulatory requirements in promoting Financial Products to Customers, potential customers and other persons during the course of the Promotion. Accredited Dealers are expressly prohibited from using misleading and/or deceptive conduct and false or misleading statements or advertising to entice Customers, potential customers and other persons into submitting an application with SilverChef and hereby agree to indemnify, defend and hold SilverChef harmless from any and all losses or damages that SilverChef may suffer or incur as a result of any breach of Accredited Dealer's obligations under these Terms and Conditions, including this clause 17.
- These Terms and Conditions and the Promotion are governed by the laws of British Columbia and the parties submit to the exclusive jurisdiction of British Columbia.
- Any provision of these Terms and Conditions which is held to be unenforceable by a court of competent jurisdiction is, where possible, severed to the extent necessary to make the Terms and Conditions enforceable, unless it would materially change the intended effect of these Terms and Conditions. The Promotion is void where prohibited by law and is subject to all applicable federal, provincial and municipal laws and regulations.
- A notice purported to be served under these Terms and Conditions will be deemed to have been properly served if the same is in writing and is sent to the usual address of the recipient by mail, telegram, facsimile, email or telex message or personal delivery.
- By participating in the Promotion, each Accredited Dealer is deemed to have read and accepted and agreed to comply with its obligations under these Terms and Conditions.
- SilverChef assumes no responsibility for failure of the internet, postal delays, any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software, failure of any e-mail or traffic congestion on the internet or at any website, or any combination thereof, including any injury or damage to an Accredited Dealer's or any other person’s computer related to or resulting from the Promotion.
- Unless the context requires otherwise, the following terms shall have the meaning(s) set forth next to each:
a. Accredited Dealers means only those certain select SilverChef Dealers located in Canada who are invited by SilverChef, in writing, to participate in the Promotion and "Accredited Dealer" means any one of such Dealers;
b. Customer means the applicant named as the customer in an Eligible Application submitted to SilverChef;
c. Eligible Application means a completed rental contract application submitted during the Promotion Period to SilverChef by an Accredited Dealer on behalf of a new or existing SilverChef Customer to finance specific items of commercial kitchen equipment, provided in all cases that such application complies with SilverChef’s requirements and is approved by SilverChef, in its sole and absolute discretion, and provided further that SilverChef has, upon acceptance and approval of such completed rental contract application, issued a purchase order for the applicable commercial kitchen equipment that is subject to such completed rental contract application;
d. Financial Products means any asset-based finance product offered by SilverChef, including finance leases, operating leases, hire-purchase agreements, asset finance agreements, chattel mortgages, rental agreements and/or such other products as offered by SilverChef from time to time;
e. Promotion means the incentivised promotion detailed in these Terms and Conditions, running for the Promotional Period whereby eligible Accredited Dealers can earn a Reward for submitting Eligible Applications to SilverChef during the Promotional Period;
f. Promotional Period means the period commencing at 12:01am (PST) on January 5, 2022 and closing at 8:00pm (PST) on January 31, 2022;
g. Reward means the monetary incentive in the amount of CAD$100 that an Accredited Dealer will be eligible to receive for submitting Eligible Applications to SilverChef from new and existing Customers during the Promotional Period;
h. SilverChef means Silver Chef Rentals Inc.; and
i. Terms and Conditions means these terms and conditions, as same may be amended from time to time by SilverChef.