Terms & Conditions
TERMS OF SERVICE
1. Introduction
This website is
operated by Recettes en pot inc. The terms “we”, “us”, and
“our” refer to Recettes en pot inc. 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.
15. Governing Law
Any disputes arising
out of or relating to the Terms, the Privacy Policy, use of our website, or our
products or services offered on our website will be resolved in accordance with
the laws of the Province of [Name of Province] without regard to its conflict
of law rules. Any disputes, actions or proceedings relating to the Terms or
your access to or use of our website must be brought before the courts of the
Province of [Name of Province] in the City of [Name of City], [Name of
Province]and you irrevocably consent to the exclusive jurisdiction and venue of
such courts.
16. Questions or
Concerns
Please send all
questions, comments and feedback to us at info@recettesenpot.com
