Terms & Conditions
1. Introduction
This website is operated by [Merchant Name]. The terms “we”,
“us”, and “our” refer to [Merchant Name]. The use of our website is subject to
the following terms and conditions of use, as amended from time to time (the
“Terms”). The Terms are to be read together by you with any terms, conditions
or disclaimers provided in the pages of our website. Please review the Terms
carefully. The Terms apply to all users of our website, including without
limitation, users who are browsers, customers, merchants, vendors and/or
contributors of content. If you access and use this website, you accept and
agree to be bound by and comply with the Terms and our Privacy Policy. If you
do not agree to the Terms or our Privacy Policy, you are not authorized to
access our website, use any of our website’s services or place an order on our
website.
2. Use of our Website
You agree to use our
website for legitimate purposes and not for any illegal or unauthorized
purpose, including without limitation, in violation of any intellectual
property or privacy law. By agreeing to the Terms, you represent and warrant
that you are at least the age of majority in your state or province of
residence and are legally capable of entering into a binding contract.
You agree to not use our website to conduct any activity
that would constitute a civil or criminal offence or violate any law. You agree
not to attempt to interfere with our website’s network or security features or
to gain unauthorized access to our systems.
You agree to provide us with accurate personal information,
such as your email address, mailing address and other contact details in order
to complete your order or contact you as needed. You agree to promptly update
your account and information. You authorize us to collect and use this
information to contact you in accordance with our Privacy Policy.
3. General Conditions
We reserve the right to refuse service to anyone, at any
time, for any reason. We reserve the right to make any modifications to the
website, including terminating, changing, suspending or discontinuing any
aspect of the website at any time, without notice. We may impose additional
rules or limits on the use of our website. You agree to review the Terms
regularly and your continued access or use of our website will mean that you
agree to any changes.
You agree that we will not be liable to you or any third
party for any modification, suspension or discontinuance of our website or for
any service, content, feature or product offered through our website.
4. Products or Services
All purchases through our website are subject to product availability. We may, in our sole discretion, limit or cancel the quantities offered on our website or limit the sales of our products or services to any person, household, geographic region or jurisdiction.
Prices for our products are subject to change, without
notice. Unless otherwise indicated, prices displayed on our website are quoted
in Canadian dollars.
We reserve the right, in our sole discretion, to refuse
orders, including without limitation, orders that appear to be placed by
distributors or resellers. If we believe that you have made a false or
fraudulent order, we will be entitled to cancel the order and inform the
relevant authorities.
We do not guarantee the accuracy of the colour or design of
the products on our website. We have made efforts to ensure the colour and
design of our products are displayed as accurately as possible on our website.
5. Links to Third-Party Websites
Links from or to
websites outside our website are meant for convenience only. We do not review,
endorse, approve or control, and are not responsible for any sites linked from
or to our website, the content of those sites, the third parties named therein,
or their products and services. Linking to any other site is at your sole risk
and we will not be responsible or liable for any damages in connection with
linking. Links to downloadable software sites are for convenience only and we
are not responsible or liable for any difficulties or consequences associated
with downloading the software. Use of any downloaded software is governed by
the terms of the license agreement, if any, which accompanies or is provided
with the software.
6. Use Comments, Feedback, and Other Submissions
You acknowledge that you are responsible for the
information, profiles, opinions, messages, comments and any other content
(collectively, the “Content”) that you post, distribute or share on or through
our website or services available in connection with our website. You further
acknowledge that you have full responsibility for the Content, including but
limited to, with respect to its legality, and its trademark, copyright and
other intellectual property ownership.
You agree that any Content submitted by you in response to a
request by us for a specific submission may be edited, adapted, modified,
recreated, published, or distributed by us. You further agree that we are under
no obligation to maintain any Content in confidence, to pay compensation for
any Content or to respond to any Content.
You agree that you will not post, distribute or share any
Content on our website that is protected by copyright, trademark, patent or any
other proprietary right without the express consent of the owner of such
proprietary right. You further agree that your Content will not be unlawful,
abusive or obscene nor will it contain any malware or computer virus that could
affect our website’s operations. You will be solely liable for any Content that
you make and its accuracy. We have no responsibility and assume no liability
for any Content posted by you or any third-party.
We reserve the right to terminate your ability to post on our website and to remove and/or delete any Content that we deem objectionable. You consent to such removal and/or deletion and waive any claim against us for the removal and/or deletion of your Content.
7. Your Personal Information
Please see our Privacy Policy to learn about how we collect,
use, and share your personal information.
8. Errors and Omissions
Please note that our website may contain typographical
errors or inaccuracies and may not be complete or current. We reserve the right
to correct any errors, inaccuracies or omissions and to change or update
information at any time, without prior notice (including after an order has
been submitted). Such errors, inaccuracies or omissions may relate to product
description, pricing, promotion and availability and we reserve the right to
cancel or refuse any order placed based on incorrect pricing or availability
information, to the extent permitted by applicable law.
We do not undertake to update, modify or clarify information
on our website, except as required by law.
9. Disclaimer and Limitation of Liability
You assume all responsibility and risk with respect to your
use of our website, which is provided “as is” without warranties,
representations or conditions of any kind, either express or implied, with
regard to information accessed from or via our website, including without
limitation, all content and materials, and functions and services provided on
our website, all of which are provided without warranty of any kind, including
but not limited to warranties concerning the availability, accuracy,
completeness or usefulness of content or information, uninterrupted access, and
any warranties of title, non-infringement, merchantability or fitness for a
particular purpose. We do not warrant that our website or its functioning or
the content and material of the services made available thereby will be timely,
secure, uninterrupted or error-free, that defects will be corrected, or that
our websites or the servers that make our website available are free of viruses
or other harmful components.
The use of our website is at your sole risk and you assume
full responsibility for any costs associated with your use of our website. We
will not be liable for any damages of any kind related to the use of our
website.
In no event will we, or our affiliates, our or their
respective content or service providers, or any of our or their respective
directors, officers, agents, contractors, suppliers or employees be liable to
you for any direct, indirect, special, incidental, consequential, exemplary or
punitive damages, losses or causes of action, or lost revenue, lost profits,
lost business or sales, or any other type of damage, whether based in contract
or tort (including negligence), strict liability or otherwise, arising from
your use of, or the inability to use, or the performance of, our website or the
content or material or functionality through our website, even if we are
advised of the possibility of such damages.
Certain jurisdictions do not allow limitation of liability or the exclusion or limitation of certain damages. In such jurisdictions, some or all of the above disclaimers, exclusions, or limitations, may not apply to you and our liability will be limited to the maximum extent permitted by law.
10. Indemnification
You agree to defend and indemnify us, and hold us and our
affiliates harmless,, and our and their respective directors, officers, agents,
contractors, and employees against any losses, liabilities, claims, expenses
(including legal fees) in any way arising from, related to or in connection
with your use of our website, your violation of the Terms, or the posting or
transmission of any materials on or through the website by you, including but
not limited to, any third party claim that any information or materials
provided by you infringe upon any third party proprietary rights.
11. Entire Agreement
The Terms and any documents expressly referred to in them
represent the entire agreement between you and us in relation to the subject
matter of the Terms and supersede any prior agreement, understanding or
arrangement between you and us, whether oral or in writing. Both you and we
acknowledge that, in entering into these Terms, neither you nor we have relied
on any representation, undertaking or promise given by the other or implied
from anything said or written between you and us prior to such Terms, except as
expressly stated in the Terms.
12. Waiver
Our failure to exercise or enforce any right or provision of
the Terms will not constitute a waiver of such right or provision. A waiver by
us of any default will not constitute a waiver of any subsequent default. No
waiver by us is effective unless it is communicated to you in writing.
13. Headings
Any headings and titles herein are for convenience only.
14. Severability
If any of the
provisions of the Terms are determined by any competent authority to be
invalid, unlawful or unenforceable, such provision will to that extent be
severed from the remaining Terms, which will continue to be valid and
enforceable to the fullest extent permitted by law.