1. USE OF THE WEBSITE
This alphayard.ca website (the “Website”), is owned and operated by Elsen Group Inc. (hereinafter referred to collectively as “Alpha Yard”or “the Company” or “Ourselves” or “Our” or “We” or “Us”). Any person accessing or using the website and any associated pages webpages (collectively, the Website”) is referred to as “you”. Alphayard.ca website is operated strictly for your personal and non-commercial use of information. Your use of this Website is subject to the following terms and conditions of use and sale (the “Terms”) and all applicable laws. By accessing and browsing this Website, you accept, without limitation or qualification, these Terms. If you do not agree with any of the Terms, please do not use this Website.
The Company reserves the right to change, modify, alter, add, remove or otherwise update the Terms applicable to this Website without prior written notice at any time, and from time to time at Company’s sole discretion. We will notify you of any such changes, modification, alterations or updates to this Website by posting notice of same on this Website. By continued use of the Website, you will constitute your acceptance of the new terms and other policies, as modified, and you will be bound by said new terms and policies.
3. AGE OF USER:
The Website is intended for use by adults only. By purchasing products using this Website you represent that you are of legal age to enter into any purchase agreement through this Website and become bound by its terms. If you are under the age of majority in the jurisdiction in which you reside, your parent of guardian should use this Website on your behalf and you should not use this Website on your own or provide any personal information to the Company. We do NOT knowingly collect information from children under the age of thirteen (13).
4. PRODUCT PURCHASE AND USER ACCOUNTS
By registering on this Website you agree to be responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and account by any third-party. You agree to be responsible for all activities conducted on the Website that occur under your account or password. If the Company has reason to believe that there is likely to be a breach of security or misuse of the Website, the Company reserves the right to refuse service, terminate accounts or cancel orders in its sole discretion.
5. PRODUCT INFORMATION & AVAILABILITY
The products and services which are available for purchase through this Website (the “Products”) are available for sale and distribution only to Canadian customers. Even through access to the Website is available worldwide, not all features, Products, or services provided or offered through or on the Website are available to all persons or in all geographic locations, or available for use in your jurisdiction. The Company reserves the right in its sole discretion to limit the provision and quantity of any feature, Product or service to any person or geographic area. If we believe some or all products that your Order contains could be prohibited in your geographic area or jurisdiction we reserve the right to cancel your Order. By choosing to access this Website from outside of Canada you are responsible for ensuring that the Website and material available on or through it are legal in each jurisdiction in or through which you access or view the Website or such material.
We attempt to keep Product descriptions as accurate as possible. However, the Company does not warrant that all Products descriptions and other content is accurate, complete, reliable, current or error-free as they are updated frequently and changed from time to time. The Company is not responsible for typographical errors with regards to the price and product related information. The Product and its related packaging may differ from what is shown on the images on the Website. We cannot guarantee that your monitor will portray the actual colours of the Products.
Availability of some Products may be limited and/or Products may not be available for immediate delivery. The Company may cease or revise Products to make them available at any time without prior notice. In the events the Company is unable to deliver a Product due to availability issue, we will notify you by e-mail, and your order (the “Order”) will be partially revised or completely cancelled.
We are happy to accept all Orders considering they are for the personal use, and must not be used for commercial use or purposes. The company will not accept Orders which are intended for resale or distribution for commercial purposes. The resale of Products for commercial purposes is prohibited without written consents from the Company.
Before you “Place Order” using this Website you will go through the several steps in the checkout process. The steps are as follows: 1. Checkout Method; 2. Billing Address Information; 3. Shipping Address Information; 4. Shipping Method; 5. Payment Method; 6. Order Review; 7. Place Order. The Order Review page will show the list of Products to be ordered by you, with the purchase price specified in the currency you have selected along with any applicable charges, taxes and shipping fees. Once you click Place Order, the Order will constitute an offer from you to the Company to purchase the Products(s) described in the Order Review. After clicking Place Order button the next page will be your “Order Confirmation”, it will show you order confirmation number. Important to note that the Website and its contents are not to be construed as an offer to sell any Product or service. Orders are not binding on the Company until accepted by the Company. The Company’s acceptance of the Order will be indicated by the return e-mail which will include Order Confirmation, return emails will be sent to your e-mail address you will fill out during checkout process.
Please be advised, by submitting Order to us we may verify certain items before we will fulfill and ship your Order, including without limitation your personal information, your payment information, your creditworthiness, or take other measures to detect and protect against fraud or theft. Our account specialists may contact you by telephone, to verify certain Order information before fulfilment. In case we suspect fraud or fraudulent activity we reserve the rights in our sole discretion to cancel your Order and refund the amount paid back to the credit card or PayPal account you placed the Order with.
Please note that Orders placed on weekends or holidays will not be processed until the following regular business day; please allow 2 days Order processing time.
Orders are processed and shipped during regular business hours (10:00 am - 4:00 pm EST, Monday through Friday, except Ontario statutory holidays).
If we face difficulties processing or shipping your Order, you will be contacted by a customer service representative and given an opportunity to either change or cancel your Order.
In the even you want to cancel the Order you have placed with us, please notify us within TWO (2) hours from the time the Order is placed. Sending cancellation request after TWO (2) hours have passed may result in the partial refund. Partial refund amount is calculated as follows: We will subtract the shipping cost from the total Order amount. Shipping cost is not refundable once we have paid for postage.
In the even you have benefited from the free shipping, we will deduct the initial shipping cost it has cost us to ship your package and subtract it from the total amount stated on your Order.
7. COUPON CODES
Occasionally we may include Coupon Codes in promotional emails, social media marketing, and through other forms of advertising. Coupon Codes are referred to as Discount Codes, Promotion Code, Promo Codes, Promotional Discounts. All coupon codes are subject to the following restrictions (unless we specify otherwise):
- Coupon codes are void in any jurisdiction where prohibited;
- All coupon codes automatically expire after five (5) days;
- Coupon codes should be used during checkout process, if you have the coupon code, you can enter it in the “Discount Codes” box;
- Free shipping does not apply with use of coupon code unless the subtotal amount after coupon code is applied meets our minimum free shipping requirements, please see the section: SHIPPING, TAXES, AND RISK OF LOSS;
- Coupon codes cannot be applied retrospectively to previous Orders;
- Coupon codes can only be used until they expire;
- Coupon codes can only be used to purchase Product(s) that we provide coupon codes for, and until quantities last;
- Coupon codes do not apply to Product(s) on sale, special price, or on clearance;
- Coupon codes only apply to the full price Product(s);
- Coupon codes do not apply to taxes, duties, shipping, handling charges, or any other charges;
- The Company reserves the right to change or cancel any coupon codes without notice, at any time.
8. PRODUCT PRICING
The Website allows you the option to view prices in Canadian Dollars (CAD$). The prices are set and are not based on the latest currency exchange rates. All Product Orders will be quoted and processed in the currency you choose to checkout. The Company tries to keep the prices and Product related information as accurate as possible, but the Company cannot confirm the prices of a Product until after you submit an Order for the Product. In case the Company find an error in pricing or Product related information, the Company reserves the right, at its sole discretion, to refuse or cancel your Order, whether before or after the Company’s acceptance thereof. Any charges paid by you for the Product will be reversed, and we will contact you to place a new Order for the Product at the correct price
9. CONSCENT FOR USE OF ELECTRONIC DOCUMENTS
By browsing and/or using this Website you hereby consents to the exchange of information and all electronic documents between you and the Company over the internet or by e-mail, and you agree to these Terms, together with any applicable Order Confirmation(s) accepted by the company in electronic form shall be the equivalent of an original writer paper agreement between you and the Company. You further agree that all agreements, notices, disclosures and other communications that the Company provide to you electronically shall satisfy any and all legal requirements that such communication be in writing.
10. CANCELLATION OF ORDER AND TERMINATION OF ACCOUNTS
The Company reserves the right, in its sole discretion to limit quantities, terminate accounts and refuse and/or cancel any Order, including after the Order has been submitted, whether or not the Order has been confirmed or accepted and your credit card or PayPal account charged. In the event you credit card or PayPal account was charged and the Order you have placed is cancelled we will send you the notification by e-mail and the Company will issue the full refund to you.
11. TERMS OF PAYMENT
The terms of payment for Product purchased through this Website shall be determined at the Company’s sole discretion. The Website has secure checkout, payment shall be made by credit card or PayPal. Any payments made by credit card are subject to the approval of the financial institution that has issued the credit card. If you choose to process the payment by credit card, it must absolutely be yours. All credit card holders are subject to validation checks and authorization by the credit card issuer. If the issue of your payment credit card refuses to authorize payment, the Company will not be liable for any delays or non-delivery of you Order. In the event the card authorization and/or validation is declined by the credit card issuer, the Company reserves the right to cancel your Order. For first time customers we reserve the right in our sole discretion to request the shipping address to be the same as the billing address which is associated with the credit card used to make the purchase. In case we notice the discrepancy between billing and shipping address provided by you, we may cancel your Order and refund the money to you. We will contact you and ask to place the Order one more time but provide the shipping address the same as the billing address associated with the credit card.
WHEN YOU SUBMIT AN ORDER TO US THROUGH THIS WEBSITE YOU REPRESENT AND WARRANT THE PAYMENT DETAILS PROVIDED ON YOUR ORDER ARE VALID AND CORRECT AND WHEN YOUR ORDER IS ACCEPTED AND PROCESSED BY THE COMPANY, PAYMENT WILL BE MADE IN FULL.
12. SHIPPING, TAXES, AND RISK OF LOSS
The Company will ship Product(s) to you using the delivery method you have selected and to the shipping address indicated on the Order Confirmation. The average shipping times vary and are only estimates. The Company offers free shipping on qualified Orders shipped in Canada for over CAD$60, and free shipping over USD$60 on qualified Orders shipped to the United States. Canadian Orders are shipped by the Canada Post, delivery times vary from 3-15 business days on average. Orders shipped to United States are shipped by Canada Post, delivery times vary from 5-15 business days. Delivery times may vary in case of remote location, during our peak season, and due to weather condition. Delivery times provided by the Company are only estimates and The Company shall not be responsible for any damages or costs resulting from any delays in delivery. If you Order several Products, as each item becomes available the Company may send packages in different shipments at no extra cost to you. We require that you include your telephone number in the checkout process, in case the shipping carrier needs to contact you to make delivery arrangements.
Free Shipping Restrictions:
- We do not offer free shipping on Orders to Northwest Territories, Nunavut, Yukon.
- We do not offer free shipping to United States Military Addresses such as APO, FPO, etc.
- Free shipping offer cannot be combined with discount codes and other promotions from alphayard.ca.
We may be unable to ship certain Products to United States that come in pressurized containers, contain alcohol, or fall under California's Proposition 65 regulation. In case issues arise, the buyer will be contacted before shipment is released.
We charge tax on all Canadian Orders. Customers from Canada are responsible for all sales tax, use tax, goods and services tax, harmonized sales tax, and any other taxes, duties or charges that may be associated with the Order which may be charged in their jurisdiction.
Since all Orders are shipped from Canada, customers from United States are responsible to pay any additional duties, brokerage charges and other applicable fees that may be applied by shipping carrier upon package delivery.
Risk of Loss:
All Product(s) purchased from the Company are delivered to you using third-party delivery companies, in accordance to a shipping contract. You shall become the owner of the Product(s) and shall assume the risks of loss at the time of delivery by the Company of the Product(s) to the third-party delivery company.
In the event the Product(s) are returned back to us due to not delivery issue, such as address mistake, missed notification from the shipping company, your absence, or your refusal to accept the package. The Company will NOT reship the package; the Order will be cancelled and partial refund will be issued. At first we will contact you by email and notify about your Order non-delivery. If you have paid for the shipping, we will subtract that amount from the total Order amount. However, in case you have benefited from our free shipping option, we will subtract the original shipping amount we have paid to cover the shipping cost, and subtract it from your total Order amount. In addition, we will subtract the return shipping cost, shipping duties and taxes that were applied by the shipping carrier to return the package back to us.
Example 1: You have paid for shipping.
As an example let’s assume the total Order amount equals to CAD$40 (already includes CAD$8.95 you have paid for the shipping). In the event of non-delivery we will take total Order amount CAD$40 subtract CAD$8.95 that we paid to the shipping company on your behalf, and also we will subtract return shipping cost and any applicable duties, charges and taxes, let’s assume shipping carrier charged us CAD$10 to return the package. Calculation: (CAD$40 - CAD$8.95 - CAD$10 = CAD$21.05). In this case we will refund you CAD$21.05.
Example 2: Your Order benefited from our free shipping option.
As an example let’s assume, in case the total Order amount equals to CAD$100 (includes free shipping). In case of non-delivery we will take total Order amount CAD$100 subtract original shipping cost we have paid to send you package, for the purpose of this example let’s assume we have paid CAD$8.95. In this case we take total Order amount CAD$100 subtract return shipping cost and any applicable duties, charges and taxes, let’s assume shipping carrier charged us CAD$10 to return the package. Calculation: (CAD$100 - CAD$8.95 - CAD$10= CAD$81.05). In this case we will refund you CAD$81.05.
13. RETURN POLICY
In case you are not satisfied with your Order, you may return Product(s) within 30 days from the day of purchase. The return package MUST be sent out and scanned at the postal office within 30 day period. Once the package ships, please send us the tracking number. We will accept return request within 30 day if the following conditions are met:
- Product(s) returned must be new.
- Product(s) must be in original packaging, and packaging must not be damaged or destroyed.
- Product(s) packaging seals must be intact; due to hygienic reasons we cannot accept returns for opened Products.
We DO NOT accept returns for:
- Products that are on Clearance.
- Vintage straight razors and vintage straight razor blades.
- Products where it’s mentioned in their description that no returns accepted.
We will refund the original price of the purchased Product(s) returned. If you have initially paid for the shipping cost, we will not refund you the initial shipping cost you have paid us to ship the original Order.
In the event your initial Order benefited from the free shipping, if after the Product(s) are returned the initial Order value drops below free shipping required value which are as follows: CAD$60 for Canadian Orders or USD$60 for United States Orders. We will deduct the initial shipping cost it has cost us to ship your original Order.
For example, if your initial Order value before taxes and shipping was CAD$100 and you have benefited from free shipping. Let assume you decide to return Product(s) valued at CAD$60, the Order value after the Product(s) are returned becomes CAD$40. Since CAD$40 does not meet our minimum free shipping requirements, we will subtract the initial shipping cost from after return amount in this example its CAD$40.
You are responsible for returning and paying in full the return shipping cost on Product(s) you wish to return. We strongly recommend shipping returned Product(s) with insurance and a tracking number. We are not responsible if the Products are damaged or lost during shipping. If the Products we receive are damaged or lost during return shipping we will NOT issue refund.
To return Product(s) please contact us via Contact Us form. Please include the following information:
1. Full name as on the Order.
2. E-mail address and telephone number.
3. Order number.
4. List of Products you wish to return.
We will contact you by e-mail with Return Authorization Number and Return Address.
We will issue refund within 5-7 business days after we receive and inspect the Products. All Products returned will undergo thorough inspection before refund is applied. All refunds will be applied to your credit card or PayPal account you have used when the initial Order was placed.
In case you suspect a Product you have received has manufacturer’s defect, please Contact Us. We will confirm whether the issue with a Product qualifies as a defect, and in case defect is confirmed, we will provide exchange or refund.
14. PROHIBITED USES
The Website and services provided through it may only be used for personal and non-commercial purposes. By using this Website you acknowledge that it is your responsibility for any consequences for your own communications conducted with the Website and this includes posting, transmission and uploading of information.
You agree with the Terms outlined in this document, and by the way of example and not limitation, unless otherwise specified in the Terms you agree NOT to use the Website for any of the following purposes:
- Modify or recreated another website so as to falsely imply that it is associated or affiliated with the Website;
- Post false, inaccurate or misleading information;
- Infringe third-party’s copyright, trademark, patent, and trade secrets;
- Infringe any other intellectual property, rights of privacy or publicity;
- Engage in conduct that would constitute a civil or criminal offence;
- Engage in a conduct that is in violation of applicable law or regulation;
- Attempting to interfere or compromise the Website network, network security, servers, databases;
- Attempt to use the Website to gain unauthorized access to other computer system or network;
- Attempt to gain unauthorized access to our networks, databases, servers, including areas restricted to users of this Website, this includes trying to gain unauthorized access to accounts and personal information of others;
- Attempt to hack into the Website database, servers, or network;
- Attempt to submit the virus to the Website, overload the server, crash the server, or flood with emails.
15. USER GENERATED CONTENT
The Website provides you an option to submit User Generated Content. User Generated Content is defined as data, information, text, Comments (definition provided in the next sentence), messages, photos, designs, icons, graphics, sounds, music, files, video clips or other material or content. Comments are defined as comments, feedback, ideas, proposals, questions, reviews, suggestions. Interactive Areas are the areas where you and other users can post Comments, content, material and messages. Interactive Areas are defined as chat, blog, bulletin boards, forums, reviews, and social medial network pages which are part of the Website or related to the Website.
When you upload, post, distribute, display, transmit, or make User General Content available on the Website, you agree with the following:
- You represent, warrant, and grant to the Company an irrevocable, non-exclusive, royalty free, perpetual, worldwide licence to use, copy, edit, reproduce, perform, display, distribute, the User Generated Content whether fully or parts of it in any manner or extent permissible by applicable law;
- By posting or distribution User Generated Content through this Website you represent and warrant that you have full ownership rights to the content or have permission from the original content owner;
- User Generated Content you post or distribute through this Website must not infringe or violate anyone else’s copyright, trademark, patent or trade secret rights or breach any applicable laws or regulations;
- You agree and accept that User Generated Content you submit to this Website is non-confidential, and the Company is not obligated to treat User Generated Content as proprietary information;
- The Company reserves the right at its own discretion to refuse, edit or delete User Generated Content that you post;
- Under no obligation the Company is required attribute authorship of User Generated Content to you;
- Under no obligation the Company is required to offer you any payment for User Generated Content that you post on this Website;
- If nonetheless, it is determined that you retain moral rights in the User Generated Content, you hereby understand and agree (a) you do not require that any personally identifying information be used in connection with the User Generated Content; (b) you do not oppose the publication, use, modification or deletion of the User Generated Content by the Company; (c) you waive and will not claim or assert any entitlement to any moral rights of an author in any of the User Generated Content. (d) You fully release the Company from any claims that you could otherwise assert against the Company by virtue of any such moral rights.
Use of Interactive Areas:
The Website may contain Interactive Areas, if you decide to use Interactive Areas you acknowledge and accept that such areas are used solely at your own risk. By using such any Interactive Areas you agree not to post, upload, transmit, distribute, store, create or publish any of the following:
- User Generated Content that contains private information of any third-party, including but not limited to names, postal addresses, telephone and email contact information, Social Insurance Numbers, drivers licence, credit card numbers, as well as any other personally indefinable information;
- User Generated Content that infringe third-party’s copyright, trademark, patent, and trade secrets;
- User Generated Content that infringe any other intellectual property, rights of privacy or publicity;
- User Generated Content that is false, inaccurate or misleading information;
- User Generated Content that is abusive, inflammatory, fraudulent, unlawful, libelous, defamatory, slanderous, obscene, sexually explicit, violent, indecent, harassing, threatening, or otherwise objectionable;
- User Generated Content that would constitute a civil or criminal offence, and/or engage in a conduct that is in violation of applicable law or regulation;
- User Generated Content that is causes invasion of the privacy or public rights of a third-party;
- User Generated Content that advertises third-party commercial services or links to commercial websites;
- User Generated Content that in sole judgement of the Company, is objectionable or which restricts any other person from using or enjoying the Website;
- User Generated Content that in sole judgement of the Company, which may expose the Company or the users to any type of harm or liability;
- User Generated Content that contains viruses, disruptive or destructive files or programs;
- User Generated Content that is unrelated to the topic of the Interactive Areas in which such User Generated Content is posted.
As a user you have an option to share your Comments, the Comments are defined as comments, feedback, ideas, proposals, questions, reviews, suggestions. Please be advised that once you post, upload, publish, display content and form of all Comments, ownership rights shall automatically be transferred to the Company, and the Company shall become the sole and exclusive owner of the content, and shall not be returned to you. You agree that:
a. The Company is not and shall not be obligated to attribute Comments to you;
b. The Company is not and shall not be obligated to provide response to any Comments;
c. The Company is not and shall not be obligated to pay any compensation for any content or Comment;
d. The Content you provide to the Company is not confidential, proprietary information or secret;
f. The Comments do not and will not violate third-party’s rights, including copyright, trademark, proprietary, privacy , publicity and other personal right(s);
g. The Comments do not and will not contain unlawful, slanderous, libelous, defamatory, abusive or obscene material.
16. EXCLUSION AND DISCLAIMER OF WARRANTIES
FOR THE PURPOSE OF THIS SECTION “ALPHA YARD” SHALL INCLUDE ALPHA YARD’S RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, MANDATORIES, CONTRACTORS AND ANY THIRD-PARTY SUPPLIER OR CONTRACTOR.
NOTE: THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRY OF THIS AGREEMENT.
THE COMPANY MAKES NO REPRESENTATION OF WARRANTY REGARDING THE FUNCTIONALITY, THE GOOD WORKING ORDER OR CONDITION OF THIS WEBSITE, ITS SUITABILITY FOR USE, OR THAT ITS USE, OR ANY INFORMATION OR MATERIAL, INCLUDING ANY DOWNLOADABLE SOFTWARE, ACCESSED FROM OR THROUGH THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THE COMPANY DOES NOT REPRESENT, WARRANT OR UNDERTAKE THAT ANY ERRORS ON OR RELATING TO THIS SITE WILL BE CORRECTED, OR THAT ANY SERVER FROM WHICH THE SITE IS OPERATED IS OR WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
EXCEPT AS EXPRESSLY PROVIDED FOR IN THESE TERMS THIS WEBSITE AND ALL MATERIAL, PRODUCTS AND INFORMATION PROVIDED THROUGH OR ON THIS WEBSITE ARE PROVIDED TO YOU ON AN “AS IS”, “WITH ALL FAULTS” BASIS AND THE COMPANY DOES NOT MAKE OR GIVE ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESSLY OR IMPLIED, WRITTEN OR ORAL, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION. i. WARRANTIES AS TO UNINTERRUPTED OR ERROR FREE TRANSACTIONS, PRIVACY, OR SECURITY, ii. ACCURACY, ADEQUACY OR COMPLETENESS OF INFORMATION; OR iii. MERCHANTABILITY, QUALITY, TITLE, DURABILITY, SUITABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSES, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE, THESE EXCLUSIONS ARE IN ADDITION TO ANY SPECIFIC EXCLUSION OTHERWISE PROVIDED IN THESE TERMS.
BECAUSE CERTAIN FEDERAL, STATE OR PROVINCIAL LAWS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
17. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY WILL NOT BE RESPONSIBLE FOR ANY DAMAGES OR LOSES OF ANY KIND, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO, ANY LOST DATA, LOST PROFITS, LOST SAVINGS, LOSS OF GOODWILL, LOST BUSINESS, LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE, INCLUDING WITHOUT LIMITATION THE MATERIALS OR INFORMATION PROVIDED THROUGH THIS WEBSITE, THE PRODUCTS, OR THE TRANSACTIONS CONDUCTED FROM ON OR FROM ANY COMPANY WEBSITE, EVEN IF THE COMPANY OR ANY OF ITS LAWFUL AGENTS, CONTRACTORS, EMPLOYEES OR MANDATARIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.
WITHOUT LIMITING THE PRECEDING PARAGRAPH, IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU FOR DAMAGES OR LOSSES RESULTING FROM COMPUTER OR WEB BASED VIRUSES, DATA CORRUPTION, FAILED MESSAGES, DAMAGES ARISING AS A RESULT OF SAME OR TRANSMISSION ERRORS OR PROBLEMS, TELECOMMUNICATIONS SERVICE PROVIDERS, THE COMPANY’S CONTRACTORS, THE INTERNET BACKBONE, THIRD-PARTY SUPPLIERS OF PRODUCTS OR SERVICES, DAMAGES OR LOSSES CAUSED BY YOU, OR YOUR RESPECTIVE EMPLOYEES, AGENTS, MANDATARIES OR SUBCONTRACTORS, OR OTHER EVENTS BEYOND THE REASONABLE CONTROL OF THE COMPANY.
IF, FOR ANY REASON YOU ARE DISSATISFIED WITH THESE TERMS OR THIS WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING AND ACCESSING THIS WEBSITE.
18. COPYRIGHTS AND TRADEMARKS
Material available on this Website, including but not limited to, images, illustrations, photographs, articles, text, audio clips, video clips, sounds, software, is owned or otherwise provided by the Company, and the Company does not represent or warrant that such material does not infringe the rights of any other person or entity. The material on this Website is protected in Canada and in other jurisdictions by the Copyright and Trademark acts and by virtue of international treaties. Therefore, the material available on this Website may not be copied, reproduced, republished, downloaded, posted, transmitted, distributed or modified, in whole or in part on any form whatsoever, including but not limited to text, audio or video, without the prior written consent of the Company.
Trademarks, logos and service marks (collectively, “Marks”) displayed on this Website are registered or unregistered Marks of the Company, are the sole properly of their respective owners, and may not be used without written permission of the owner of such Marks. Please be advised that nothing in this Website is to be interpreted as conferring as right to use the Marks or the material protected by the Copyright Act.
It is important to note, third-parties may own certain material that is available on this Website. The material owned by third-parties may be product names, company names, product descriptions, logos, service marks, trademarks or other material displayed on this Website. You are not authorized to use, copy, or distribute such material without the written permission of the relevant third-party content owner.
Notwithstanding the foregoing, the Company authorizes you to make one electronic or paper cope of the information posted on any page of this Website provided that the copy is used solely for non-commercial, personal purposes and, in each and every case, provided that any such copy remains protected by all copyright, trademarks, service marks, and other proprietary notices and legends contained on the Website. The foregoing license contained in this paragraph does not include any resale of this Website or its content. Any collection of product listings, descriptions or prices; any other derivative use of this Website, content, any downloading or copying of information for the benefit of any merchant or any use of robots, data mining, or similar data gathering and extraction tools and techniques.
Except as otherwise may be expressly provided herein, nothing contained in these Terms shall be construed as conferring by implication, estoppel or otherwise any license or right under any copyright, patent, trademark or other intellectual properly right of the Company or any other person or entity.
19. INFORMATION TRANSMISSION AND CONFIDENTIALITY
Please be advices that the Company may monitor the access to this Website and other activities in relation to this Website and other of its related websites and webpages, and in some cases may intervene in this regard. However, the Company makes no representation and gives no warranty to that effect. By accessing this Website and any of its related websites and webpages you consent to such surveillance and intervention, if the Company ever decides to do it.
This Website may contain links and references redirecting you other third-party services and resources, such links are provided to you as a convenience only. The Company has not reviewed and does not expressly or implicitly endorse other websites or any information or material, goods and services that third-party services may offer. The Company does not assume any responsibility for any such other websites, information or material posted thereon, or products or services offered thereon. The Company is not liable for any damages caused by information transmission from any third-party links. Any concerns regarding any third-party links should be directed to the particular third-party website.
22. MODIFICATION OF THIS WEBSITE; RESERVATION OF RIGHTS
The Company does not guarantee that the Website and services available through it will always be available and uninterrupted. The access to this Website is permitted on a temporary basis. The Company reserves the right for any reason in is sole discretion and without notice to you to terminate, change, suspend or discontinue this Website or any aspect of it, and the Company will not be liable to you or any third-party for doing so. Furthermore, the Company may impose rules and limits on use of this Website or restrict your access to part, or all, of this Website without notice or liability. We reserve the right to refuse service, terminate accounts, and/or cancel Orders at our discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests. All rights not expressly granted in these terms are reserved for the Company.
23. SUCCESSORS AND ASSIGNS
These Terms shall inure to the benefit of and be binding upon each party's successors and assigns.
24. GOVERNING LAW
This Website is controlled an operated by the Company located in Toronto, Ontario, Canada and these Terms, this Website any use of this Website and any transaction conducted on or from it shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein without references to principles of conflict of laws. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
25. DISPUTE RESOLUTION
You hereby acknowledge and agree that any dispute that may arise between you and the Company in respect of these Terms and transactions contemplated herein shall be resolved by the Provincial and Federal Courts and Tribunals sitting in the city of Toronto, located in the province of Ontario, and you hereby irrevocably submit to the personal and exclusive jurisdiction and venue of these Courts.
If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
The Company makes no representation that materials, information or Products provided on or through this Website are appropriate or available for use in other locations or jurisdictions. Those who choose to access this Website from other locations or jurisdictions do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
29. NO WAIVER
The Company’s failure to enforce any provision(s) of these Terms or to the respond to a breach or default by you or any other third-party of these Terms shall not in any way waive the right of the Company to subsequently enforce any of the Terms contained herein or to act with respect to similar breaches.
30. ENTIRE AGREEMENT
The Terms, together with all other agreements, Terms or conditions incorporated or referred to herein constitute the entire agreement between you and the Company with respect to the use of this Website and any transaction conducted on or from this Website and its contents, supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter hereof, and may not be amended or modified except in writing, or by the Company making such amendments or modification available to it pursuant to the Terms hereof.
31. NO ASSIGNMENT
You may not assign your rights or obligations herein without the express written consent of the Company.
The Company reserves the right at its sole discretion with or without notice to terminate your access to all or any part of the Website.
The headings used herein are inserted for convenience of reference only, and do not affect the construction or interpretation of the Terms and conditions herein.
You expressly agree that these terms and all ancillary documents be drafted solely in English; Vous consentez expressément à ce que ces conditions d’utilisation et tous les documents y afférents soient rédigés en anglais seulement.