The BOLD Corporation

Terms of Service

Last Updated: February 27th, 2024

This website and any other websites from which we link these Terms of Service is owned and operated by The BOLD Corporation (“BOLD”, “we”, “us”, or “our”), a corporation incorporated under the laws of the Province of Ontario, Canada.

At BOLD, our purpose is to elevate outdoor spaces through modern innovative lighting solutions. Purpose-built alongside our customers, our cutting-edge portfolio of products has been designed to meet the needs of the North American market and climate. 

Your Acceptance of These Terms of Service

These terms of service (“Terms”) contain important information regarding your rights and obligations, as well as conditions, limitations and exclusions that might apply to you, the Services or purchases you make through the website. You should read it carefully.

By accessing or using the website, or the Services provided to you on, from, through or in connection with the website you agree to these Terms and our Privacy Policy (“Privacy Policy”). If you do not agree to these Terms or the Privacy Policy, please do not access or use the website or the Service.

Where permitted by applicable law, and excluding individuals resident in the province of Quebec, these Terms require the use of arbitration to resolve disputes, rather than recourse to the judicial system.

1. Eligibility

By placing an order for products or services from this website or using the website, you affirm that you are of legal age to enter into this agreement, and you accept and are bound by these Terms. You represent and warrant to us that if you place an order on behalf of an organization or company, you have the legal authority to bind any such organization or company to these Terms.

You may not order or obtain products or Services from this website if you: (i) do not agree to these Terms, (ii) are not the older of (a) at least 18 years of age or (b) legal age to form a binding contract with us, or (iii) are prohibited from accessing or using this website or any of this website’s contents, products or Services by applicable law. 

These terms and conditions (these “Terms”) apply to the purchase and sale of products and services through boldpros.com (this “Site”).

These Terms are subject to change by BOLD without prior written notice at any time, in our sole discretion. Any changes to these Terms will be in effect as of the “Last Updated Date” referred to on the Site. You should review these Terms before purchasing any product or services that are available through this Site.
Your continued use of this Site after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.

These Terms are an integral part of the Website Terms and Conditions of Use that apply generally to the use of our Site. You should also carefully review our Website Privacy Policy before placing an order for products or services through this Site, or providing us with personal information.

You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered. 

(a)  All prices, discounts and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price advertised on this Site at the time the order is placed, subject to the terms of any promotions or discounts that may be applicable. The price charged will be clearly stated in your order confirmation email. Price increases will only apply to orders placed after the time of the increase. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total price and will be itemized in your shopping cart
and in your order confirmation email.

We strive to display accurate price information; however, we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies or omissions at any time and to cancel any orders arising from such occurrences.

(b)  Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept Visa, Mastercard, and American Express for all purchases. We may change the credit cards or other payment methods we are able to accept at any time.

You have a legal obligation to pay for any orders made by you. In order to complete an order, you may be required to provide certain additional information that is required to process your order. For example, you will be required to provide valid payment information (e.g. a valid credit card number and expiration date) to facilitate payment of your order. By completing an order, you are agreeing to pay, in full, the prices and all applicable taxes and specified shipping and handling and other fees in relation to your order, either by credit card or other permitted payment method. Unless otherwise indicated, all dollar amounts on the Site are in Canadian Dollars.

You will be billed for your order at the time your order is placed. You will be responsible for all applicable taxes related to your order. Applicable taxes will be charged at the time you are billed. Applicable sales tax will also be applied to the shipping and handling, and other charges. Taxes may depend on delivery location. Payments are processed by a third party service provider. We will charge you the amount on the invoice presented to you, but your financial institution may charge you a service charge or other bank fees.

If complete payment for your Order is not received and verified by us, your Order will not be processed. If you do not complete or improperly complete your Order it may not be accepted or acknowledged.

You represent and warrant that (i) the credit card information (or other payment information) you supply to us is true, correct and complete, (ii) you are duly authorized to use such payment information for the purchase, (iii) charges incurred by you will be honoured by your financial company, and (iv) you will
pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.

(c) Without limiting the generality of any other section of these Terms of Service, we reserve the right to limit or refuse any order you place with us. Further, we reserve the right to verify the validity of all orders and/or cancel any order if we find evidence of fraud, tampering and/or any other violation of these Terms of Service. We may, in our sole and absolute discretion, limit or cancel
quantities purchased per person, or per order, with or without notice. These restrictions may include orders placed by or under the same account, the same credit card, and/or orders that use the same billing and/or shipping address.
We also reserve the right, in our sole and absolute discretion, not to ship items ordered or purchased through the Site to certain addresses. In the event that we are unable to or choose not to ship an item, you will be notified accordingly and the amount for that item charged in relation to your order will be reduced accordingly. We also reserve the right at our sole discretion, to prohibit sales to distributors or resellers.

All orders are subject to verification by BOLD at any time and for any reason. We reserve the right, in our sole and absolute discretion, to require proof of identity (in a form acceptable to BOLD): (i) for the purposes of verifying the legitimacy of any order and/or other information; and/or (ii) for any other
reason we deem necessary, in our sole and absolute discretion, for the purposes of fulfilling an order in accordance with our interpretation of the terms and conditions of these Terms of Service.

(a) We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges unless otherwise specified in the order confirmation.

Purchases will only be shipped to a valid mailing address in Canada or The United States of America (as determined by us in our sole and absolute discretion). However, please note that we may not be able to ship to all valid addresses and, in such circumstances, we reserve the right in our sole and absolute discretion to cancel your order. In the event we are not able to ship to the shipping address you provide, we will notify you, your order will be cancelled, and you will receive a refund in respect of your order (unless you are able to provide an alternate eligible shipping address). We further reserve the right not to offer expedited or other forms of shipping.

(b)  Title and risk of loss pass to you upon our transfer of the products to the carrier/delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. To the extent permitted by applicable law, we are not liable for any delays in shipments. Please note that multiple orders may not always be
shipped together. In addition, depending on the size of your order you may receive several shipments to complete your order.  

We accept most unused and unopened items within 30 days of the ship date for a full refund or credit excluding any original Shipping Costs. Customers are not subject to restocking fees. However, the product and packaging must be completely new to ensure the item can be resold to another customer. Shipping to and from will not be refunded.

EXCEPTIONS: Special order items or final sale / clearance items.

We are NOT responsible for lost return packages, and recommend you insure and track your packages. We do not cover return shipping charges. You are welcome to use the shipping method of your choice.

You agree that if you decide not to have a qualified and licensed electrician perform any work, you are performing the work at your own risk and liability. BOLD will not be held responsible in connection with any work for use of the Products. BOLD will not be held responsible for or accept or assume any liability in connection with any line voltage work for use of the Products, the electrical installation or modification of any of its Products, or injuries or damages incurred in connection with the foregoing. You must comply with all local, state/provincial/territorial, and federal laws, rules, codes, and regulations. You as the Buyer should consult with a licensed electrician who adheres to and accepts all responsibility for electrical installations in compliance with all applicable local, state/provincial/territorial, and federal laws, rules, codes, and regulations. BOLD SHALL NOT BE RESPONSIBLE FOR ANY INJURY OR DEATH ARISING FROM THE USE OR INSTALLATION OF SELLERS PRODUCTS.

Our website may contain video content and other instructional material with respect to the products (“Video Content and Instructional Materials”). The Video Content and Instructional Materials are for informational purposes only, and are not intended to be a substitute for professional advice provided by a licensed electrician, or for the use of such a licensed electrician to install the products. Always seek the advice of a qualified electrician with any questions you may have regarding electrical work.

To the fullest extent permitted by applicable laws, BOLD hereby disclaims any and all liability to any party for any direct, indirect, implied, punitive, special, incidental or other consequential damages arising directly or indirectly from any use of the Video Content and Instructional Materials, which is provided as is, and without warranties.

(a)  We do not manufacture or control any of the products offered on our Site. Accordingly, to the fullest extent permitted by applicable law, we do not provide any guarantees, representations, or warranties with respect to the products or services offered on our Site. However, the products and services offered on our Site are covered by the manufacturer’s warranty as detailed in the product’s description on our Site and included with the product. To obtain warranty service for defective products, please follow the instructions included in the manufacturer’s warranty. You may contact us and we will endeavour to assist you in processing your Warranty claim with the manufacturer.

(b)  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OR CONDITION WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OR CONDITION: (A) OF MERCHANTABILITY; (B) OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. 

(c)  SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER CONDITIONS AND WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

(d)  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY OR CONDITION CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFATURER’S FAILURE TO HONOUR ITS WARRANTY OBLIGATIONS TO YOU.

(a)  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY
FOR ANY LOSS OF USE, REVENUE OR PROFIT, OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR AGGRAVATED DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT INCLUDING NEGLIGENCE OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

(b)  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT, INCLUDING NEGLIGENCE OR OTHERWISE, EXCEED THE AMOUNTS PAID BY YOU FOR THE PRODUCTS AND SERVICES SOLD THROUGH THE SITE.  

Our Website Privacy Policy, [WEBSITE ADDRESS], governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site, or other use of the site or provision of personal data to us.

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms, when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, tsunami, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic or pandemic (declared or not), lockouts, strikes or other labour disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown, or power outage.

For individuals who are not resident in the province of Quebec, all matters arising out of or relating to these Terms are governed by and construed in accordance with the laws of the province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision or rule (whether of the Province of Ontario or otherwise).

This section applies to the fullest extent permitted by applicable law, and does not apply to individuals resident in the province of Quebec.

(a)  You and The BOLD Corporation are agreeing to give up any rights to litigate claims in a court. Other rights that you would have if you went to court may also be unavailable or may be limited in arbitration.

Any claim, dispute or controversy (whether in contract, tort or otherwise, whether pre-existing, present or future, and including statutory, consumer protection, common law, intentional tort, injunctive and equitable claims) between you and us arising from or relating in any way to your purchase of products or services through this Site, will be resolved exclusively and finally by binding arbitration.

(b)  The arbitration will be administered by an Arbitrator located in the Province of Ontario and the Country of Canada.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. 

You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

The Site consists of various graphics, texts, icons and buttons that have been provided by BOLD and/or other entities under our direction (e.g. site designers). All such content is owned by BOLD and/or the applicable third party entity. For greater certainty, BOLD and applicable third party entities hold all right, title, and interest in and to any and all content provided by such parties for the Site, including, without limitation, all such information in text, graphical, video and audio formats, images, icons, designs, trade-marks, brand names and software (collectively, the “Site Content”).

You hereby acknowledge that the Site Content is protected by all copyright, trade-mark, and other applicable intellectual property laws. Your use of the Site does not grant or transfer to you any ownership or other rights in the Site Content, and except as expressly provided, nothing herein or within the Site shall be construed as conferring on you or any other person any license under any of BOLD’s or any third party’s intellectual property rights, including, without limitation, any right to download, display, reproduce, distribute, modify, edit, alter or enhance any of the Site Content in any manner whatsoever.   

Any rights not expressly granted to you in these Terms of Service are expressly reserved by BOLD. For greater certainty, you agree that you will not take any action that is inconsistent with BOLD ownership of the Site and/or BOLD ownership of, or any third party’s ownership of, any Site Content. Without limiting the generality of the foregoing, users of this Site shall be entitled to copy Site Content contained within this Site only for their own personal and non-commercial use, but may not republish or reproduce any such Site Content in any manner without the prior written consent of BOLD.

BOLD hereby grants each user of this Site a limited, non-exclusive and revocable permission to make personal and non-commercial use of the Site and its Site Content. For greater certainty, this limited license only allows you to view, download or print materials from this Site for your own personal and non-commercial use (provided all original copyright, trade-mark and other notices are preserved in their original form). This limited license does not include any rights not specifically stated in these Terms of Service, and, for greater certainty, does not include permission to copy, redistribute, reproduce or republish, in any form, any content contained within this Site.

Certain names, graphics, logos, icons, designs, words, titles or phrases contained within the Site may constitute trade names, registered or unregistered trade-marks or service marks (collectively, “Trade-marks”) of BOLD or other entities. Trade-marks may be registered in Canada and in other countries as applicable. All Trade-marks not owned by BOLD are the property of their respective owners, and, where used by BOLD are used under license or with permission. All Trade-marks are and shall remain the sole and exclusive
property of their respective owner(s). Any use of such Trade-marks, except as expressly provided for herein, without the express written consent of the
applicable owner is strictly prohibited. Nothing contained herein or on this Site may be construed as granting, by implication, estoppel, or otherwise, any license to use any Trade-mark(s). You agree that you will not take any actions inconsistent with BOLD ownership of, or any third party’s ownership of, the
Trade-marks.

Certain features and/or portions of this Site may (or may in the future) permit you to upload, post or otherwise transmit content that you have created (the “User Content”).

By using the Site and providing User Content, you: (i) grant BOLD a world-wide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, non-exclusive, and unrestricted license to copy, reproduce, adapt, transmit, edit, modify, or otherwise use, publicly display, distribute, translate and create compilations and derivative works from, any and all User Content (in any format or media) that you submit to or through, the Site; and (ii) waive all moral rights in and to all User Content that you post on, upload or otherwise submit to or through, the Site in favour of BOLD.  For greater certainty, this means that, among other things, BOLD has the right to use any and all ideas you submit (including ideas about our plans, services, publications or campaigns) in any manner that
we choose, without any notice or obligation to you whatsoever.

By using the Site and providing User Content, you (and your parent or legal guardian on your behalf, if you are under the age of majority in your jurisdiction of residence) hereby acknowledge, agree, warrant and represent to BOLD that any and all User Content (in any format or media) you post on, upload to or otherwise submit to or through, the Site:

Without limiting the generality of the foregoing, you also hereby acknowledge, agree, warrant and represent to BOLD that: 

By using the Site, you hereby agree to release, indemnify, defend and hold harmless BOLD, and each of its respective agents, employees, directors, successors, and assigns (collectively, the “Releasees”) from any loss, liability, claim, demand, damage or expense asserted by any entity relating in any way to your use of the Site, the Site Content, User Content, and/or breach of these Terms of Service, including, without limitation, any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement,
trade-mark infringement or any other cause of action. 

This Site may contain links to the websites of our subsidiaries and affiliates, and to websites that are independently owned and operated by third parties. These other websites may have their own privacy policies and terms and conditions that are not governed by these Terms of Service. We are not responsible for the privacy practices or the content of any website(s) owned and operated by any such subsidiaries, affiliates or third parties. Other websites may collect and treat information collected differently, so we encourage you to carefully read and review the privacy policy for each website you visit. Any links from this
Site to other websites, or references to products, services or publications other than those of BOLD, do not imply the endorsement or approval of such
websites, products, services or publications by BOLD.  

You hereby acknowledge and agree that we reserve the right at any time to modify or discontinue the whole, or any part of, the Site, without notice, and that we will not be responsible or liable, directly or indirectly, to you or any other person or entity for any loss or damage of any kind incurred as a result of any such modifications or discontinuance.

If you breach any provision of these Terms of Service you may no longer use the Site. We may, in our sole discretion, change, suspend or terminate, temporarily or permanently, the Site or any part thereof or any of its features at any time, for any reason, without any notice or liability to you or any other entity.  If these Terms of Use or your permission to use the Site is terminated by us for any reason, the agreement formed by your acceptance of these Terms of Service will nevertheless continue to apply and be binding upon you in respect of your prior use of the Site and anything relating to or arising from such use. If you are dissatisfied with the Site or with these Terms of Service, then your sole and exclusive remedy is to discontinue using the Site. The Disclaimer and Limitation of Liability, Intellectual Property and Indemnity provisions in this agreement shall survive any termination of this agreement.

The failure or delay by us to exercise or enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of The BOLD Corporation.

These Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you.

(a)  To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) posting to the Site. Notices sent by email will be effective when we send the email, and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

(b)  To Us. To give us notice under these Terms, you must contact us as follows: by personal delivery, overnight courier or registered or certified mail to

The BOLD Corporation

1195 Gainsborough Rd

London, ON. Canada N6H 5L5

Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

If any provision of these Terms is invalid, illegal, void or unenforceable, that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

These Terms of Service are binding upon you, your heirs, executors, beneficiaries, successors and assigns and you may not assign this agreement to any other party without our prior written consent, which consent may be withheld in our sole and absolute discretion.

WARNING: Chemicals known to the State of California to cause cancer, birth defects or other reproductive harm may be present in products sold here. Wash hands after use. 

Our order confirmation, These Terms, our Website Terms and Conditions of Use, and our Website Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.

For questions about the Terms of Service, contact us at 1-833-472-9960 or by email at support@boldpros.com