Terms of service
TERMS OF USE
These Terms of Use, hereinafter referred to as "Terms and Conditions" or "T&C" or "Terms" or "Agreement," along with any other Policy or Statement or Information that may be placed on this website, hereinafter referred to as "Company" or “Website” or “We” or “Us,” as modified or amended from time to time, are a binding contract between the company and you, hereinafter referred to as "You" or "User" or "Your" or "Buyer" or "Customer."
If you visit, use, or shop at the site or any future site operated by us, you accept these Terms and Conditions. In addition, when you use any current or future services of the company or visit or purchase from any business affiliated with the company or third-party vendors, whether or not included in the site, you also will be subject to the guidelines and conditions applicable to such service or merchant. If these conditions are inconsistent with such guidelines and conditions, such guidelines and conditions will control.
By subscribing to or using any of our products or services, you agree that you have read, understood, and are bound by the Terms and Conditions, regardless of how you subscribe to or use our products or services. If you do not want to be bound by the terms, you must not subscribe to or use our services.
ACCOUNT REGISTRATION
Account registration
To use the Service Users may register or create a User account, providing all required data or information in a complete and truthful manner.
Users may also use the Service without registering or creating a User account, however, this may cause limited availability of certain features or functions.
Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by this Application.
By registering, Users agree to be fully responsible for all activities that occur under their username and password.
Users are required to immediately and unambiguously inform the Company via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.
Account termination
Users can terminate their account and stop using the Service at any time by doing the following:
• By directly contacting the Company at the contact details provided in this document.
Account suspension and deletion
The Company reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts which it deems inappropriate, offensive or in violation of these Terms.
The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.
The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.
CONTENT OF THIS APPLICATION
Unless where otherwise specified or clearly recognizable, all content available on this Application is owned or provided by the Company or its licensors.
The Company undertakes its utmost effort to ensure that the content provided on this Application infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.
Rights regarding content on this Application - All rights reserved
The Company holds and reserves all intellectual property rights for any such content.
Users may not therefore use such content in any way that is not necessary or implicit in the proper use of the Service.
In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on this Application, nor allow any third party to do so through the User or their device, even without the User's knowledge.
Where explicitly stated on this Application, the User may download, copy and/or share some content available through this Application for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Company are correctly implemented.
Any applicable statutory limitation or exception to copyright shall stay unaffected.
ACCESS TO EXTERNAL RESOURCES
Through this Application Users may have access to external resources provided by third parties. Users acknowledge and accept that the Company has no control over such resources and is therefore not responsible for their content and availability.
Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.
ACCEPTABLE USE
This Application and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.
Users are solely responsible for making sure that their use of this Application and/or the Service violates no applicable law, regulations or third-party rights.
Therefore, the Company reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to this Application or the Service, terminating contracts, reporting any misconduct performed through this Application or the Service to the competent authorities – such as judicial or administrative authorities - whenever Users engage or are suspected to engage in any of the following activities:
• violate laws, regulations and/or these Terms;
• infringe any third-party rights;
• considerably impair the Company’s legitimate interests;
• offend the Company or any third party.
TERMS AND CONDITIONS OF SALES
Paid Products
Some of the Products provided on this Application, as part of the Service, are provided on the basis of payment.
The fees, duration and conditions applicable to the purchase of such Products are described below and in the dedicated sections of this Application.
Product description
Prices, descriptions or availability of Products are outlined in the respective sections of this Application and are subject to change without notice.
While Products on this Application are presented with the greatest accuracy technically possible, representation on this Application through any means (including, as the case may be, graphic material, images, colors, sounds) is for reference only and implies no warranty as to the characteristics of the purchased Product.
SHIPPING AND DELIVERY
We ship within Canada.
We ship Monday through Friday, excluding select holidays. Once your order is processed and shipped out, we will notify you by email.
The following information is the estimated time frame you should receive your order after it has been shipped: 4 - 7 business days
LIABILITIES AND INDEMNIFICATION
Limitations of liability
To the maximum extent permitted by applicable law, in no event shall the Company, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for
• any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and
• any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or User account or the information contained therein;
• any errors, mistakes, or inaccuracies of content;
• personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service;
• any unauthorized access to or use of the Company’s secure servers and/or any and all personal information stored therein;
• any interruption or cessation of transmission to or from the Service;
• any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;
• any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or
• the defamatory, offensive, or illegal conduct of any User or third party. In no event shall the Company, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Company hereunder in the preceding 12 months, or the period of duration of this agreement between the Company and User, whichever is shorter.
This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if company has been advised of the possibility of such damage.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.
Indemnification
The User agrees to defend, indemnify and hold the Company and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from
• User’s use of and access to the Service, including any data or content transmitted or received by User;
• User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these terms;
• User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
• User’s violation of any statutory law, rule, or regulation;
• any content that is submitted from User’s account, including third party access with User’s unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
• User’s wilful misconduct; or statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.
Disclaimer of Warranties
This Application is provided strictly on an “as is” and “as available” basis. Use of the Service is at Users’ own risk. To the maximum extent permitted by applicable law, the Company expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by user from Company or through the Service will create any warranty not expressly stated herein.
Without limiting the foregoing, the Company, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet Users’ requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at users own risk and users shall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results from such download or Users’ use of the Service.
The Company does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Company shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.
The Service may become inaccessible or it may not function properly with Users’ web browser, mobile device, and/or operating system. The Company cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.
The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.
DATA PROTECTION
The Company and operators of this website take the protection of your data very seriously. We treat your data confidentially and according to the legal data protection regulations and this privacy policy.
The use of our website is usually possible without providing personal data. Personal data, such as your email addresses, is always provided to us voluntarily and only when you subscribe to our newsletter. Other personal data, including your name and address, is only required if you are ordering goods.
An external, PCI-compliant payment gateway (Stripe) handles all credit card payment transactions. Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems and are required to keep the information confidential. Besides, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.
We implement a variety of security measures when a user places an order, and all transactions are processed through a gateway provider and are not stored or processed on our servers.
INTELLECTUAL PROPERTY RIGHTS
Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to this Application are the exclusive property of the Company or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.
All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with this Application are, and remain, the exclusive property of the Company or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.
PRIVACY POLICY
The Company and operators of this website take the protection of your data very seriously. We treat your data confidentially and according to the legal data protection regulations and this privacy policy. Besides, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.
COOKIES
This website partially uses cookies, small text files stored by your browser on your computer. Cookies do not cause damage to your computer and do not contain viruses. Cookies allow us to make our offer more user-friendly, more efficient, and more secure.
Most cookies that we use are so-called “session cookies,” which we will delete automatically after the end of your visit. Other cookies remain on your terminal device. Those cookies enable us to recognize your browser on your next visit.
We feel that the use of third-party services such as these improve your online experience because they allow you to see ads that will be more likely to be something you are interested in.
You can adjust your browser in such a way to allow cookies manually or to exclude cookies in general. In some cases, even to activate the automatic deletion of cookies when closing the browser.
The methods for doing so vary from browser to browser and from version to version. You can, however, obtain up-to-date information about blocking and deleting cookies via the support pages of the browser suppliers.
Please note, the deactivation of cookies may impair the functionality of this website.
CONTACT FORM
If you send inquiries to us via the contact form, your data entered into the contact form, including the stated contact data, is stored for the purpose of dealing with your inquiry and in case of additional inquiries. That data will not be passed on without your permission.
NEWSLETTER
If you want to receive our newsletter, we simply need your email address and name. No other data is necessary. We use your address exclusively for sending the requested information and don't share it with any third parties.
Permission to store the email address, as well as the use of it for sending the newsletter, can be withdrawn at any time via the "Unsubscribe" link within the newsletter.
FINAL DISCLAIMER
Although we take all kinds of security measures for the protection of personal information, we cannot guarantee complete protection. You provide all personal information at your own risk.