Last updated: October 28, 2027

These Terms and Conditions govern your use of evercold.ca (the “Website”), operated by Ever-Cold Storage Ltd.(“Ever-Cold,” “we,” “us” or “our”).

By using the Website, you agree to these Terms and Conditions. If you do not agree, please discontinue use of the Website.

1. Website information

The Website provides general information about Ever-Cold and our cold storage, warehousing, handling, distribution and related services.

We make reasonable efforts to keep the information accurate and current. However, Website content may contain errors or become outdated. We may change or remove content without notice.

Descriptions of facilities, capabilities, availability and services are provided for information only. Please contact us to confirm details relevant to your requirements.

2. Quotes and service agreements

Information on the Website does not constitute a binding offer to provide services. Submitting an enquiry or requesting a quote does not create a service agreement or guarantee availability, pricing or acceptance of goods.

Our services are governed by the applicable quotation, service agreement, warehouse receipt, storage terms or other contractual documents agreed to by the parties.

These Website Terms and Conditions do not replace or amend those documents. If there is a conflict concerning the provision of services, the applicable service contract governs.

No storage reservation, shipping instruction or other operational request submitted through the Website is considered accepted solely because it has been transmitted. Acceptance is determined under the applicable service agreement and our established confirmation procedures.

3. Acceptable use

You agree to use the Website lawfully and in a manner that does not compromise its security, operation or availability.

You must not:

• Attempt to access accounts, systems or information without authorization.

• Introduce malicious software or otherwise interfere with the Website.

• Use the Website to transmit unlawful, fraudulent, threatening or infringing material.

• Impersonate another person or misrepresent your identity or authority.

• Collect personal information about others without lawful authority.

• Use automated tools to extract Website content in a way that circumvents access restrictions or materially disrupts the Website.

• Attempt to bypass security measures or test vulnerabilities without our prior written permission.

4. Customer portal and account security

Access to the customer portal is restricted to authorized users. Separate portal terms or customer agreements may also apply.

You are responsible for keeping your login credentials confidential and for using your account within the authority granted by Ever-Cold and your organization. You must not share access with unauthorized persons.

Notify us promptly if you suspect that your credentials have been compromised or your account has been used without authorization.

Portal information is provided to support account and inventory management. If you identify a discrepancy in inventory, shipment details or other records, contact us promptly so it can be investigated. Procedures for reconciling records and submitting claims are governed by the applicable service agreement.

We may restrict or suspend access where reasonably necessary to address suspected misuse, security concerns, maintenance or termination of the relevant customer relationship.

5. Information you submit

You are responsible for ensuring that information you submit is accurate to the best of your knowledge and that you have authority to provide it.

Do not submit confidential business information, sensitive personal information or time-critical operational instructions through general enquiry channels unless we have confirmed that the channel is appropriate.

You retain ownership of material you provide. You authorize us to use that material as reasonably necessary to respond to your enquiry, administer your account or provide requested services, subject to our Privacy Policy and applicable agreements.

6. Intellectual property

Unless otherwise indicated, the Website’s text, graphics, logos, photographs, designs and other materials are owned by Ever-Cold or used with permission and are protected by applicable intellectual property laws.

You may view, download or print reasonable portions of the Website for personal use or internal business evaluation of our services, provided you retain any ownership notices.

You may not reproduce, modify, distribute, sell or commercially exploit Website content without prior written permission, except as permitted by law.

These terms do not grant permission to use Ever-Cold’s name, trademarks or logos in a way that suggests endorsement or affiliation.

7. Third-party websites and services

The Website may contain links to third-party websites or include third-party tools and embedded content.

We do not control those third-party services. A link or inclusion does not necessarily constitute an endorsement. Your use of third-party services is subject to their own terms and privacy policies.

8. Privacy

Our collection, use and disclosure of personal information is described in our Privacy Policy, available on the Website.

9. Website availability and disclaimers

To the extent permitted by applicable law, the Website and its content are provided “as is” and “as available,” without warranties or conditions, express or implied, including those concerning accuracy, fitness for a particular purpose or uninterrupted availability.

We do not guarantee that the Website will always be accessible, free from errors or compatible with every device or browser.

Nothing in these terms excludes any warranty, condition, right or remedy that cannot lawfully be excluded.

10. Limitation of liability

To the extent permitted by applicable law, Ever-Cold will not be liable for indirect, incidental, special or consequential losses arising from your use of, or inability to use, the Website, including lost profits, business interruption or loss of data.

This limitation applies to Website use only. Liability relating to goods, storage, handling, transportation or other contracted services is governed by the applicable service agreement and applicable law.

Nothing in these terms limits liability that cannot lawfully be limited or excluded, including liability for fraud or fraudulent misrepresentation.

11. Changes to these terms

We may update these Terms and Conditions from time to time. The revised version will be posted on this page with an updated date and will apply to Website use from that date.

Where required by law, we will provide additional notice of material changes. Changes to these terms do not amend an existing service agreement.

12. Governing law

These Terms and Conditions are governed by the laws of British Columbia and the federal laws of Canada applicable there.

Subject to any mandatory rights or jurisdiction requirements under applicable law, disputes concerning these Website terms will be brought before the courts of British Columbia.

The governing law and dispute-resolution provisions of a separate service agreement continue to apply to disputes under that agreement.

13. General provisions

If a provision of these terms is found unenforceable, the remaining provisions will continue in effect to the extent permitted by law.

A failure to enforce a provision does not waive our right to enforce it later.

14. Contact us

For questions about these Terms and Conditions, contact:

Ever-Cold Storage Ltd.
Email: sales@evercold.ca
Telephone: 604-526-7300
Mail: 8368 Riverbend Crt, Burnaby, BC V3N 5C9, Canada