TERMS OF USE
1. ASSENT TO AGREEMENT
1.1 BY USING THIS WEBSITE, YOU ARE INDICATING THAT YOU HAVE READ, ACKNOWLEDGE, AND ASSENT TO BE BOUND BY THE POLICIES, TERMS, AND CONDITIONS SET FORTH BELOW IN THEIR ENTIRETY WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THIS SITE OR DOWNLOAD MATERIALS FROM THIS SITE.
1.2 This web site, including all of its features and content (this "Site") is a provided and made available by Ramhi Global Retails Inc. O/A DANIER (“DANIER”, “we” or “us”) or its affiliates or its subsidiaries and all content, information, photographs, illustrations, designs, icons, video clips and other material provided on or through this Site (“Content”) may be used solely under the following terms and conditions (“Terms of Use”).
2. TRANSACTIONS AND PRODUCTS
2.1 We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
2.2 Products displayed on this Site are available in select Danier stores in Canada and other markets. Unless otherwise indicated, prices displayed on the Site are quoted in Canadian Dollars. Certain products are available exclusively online through the Sites. These products may have limited quantities and are subject to return or exchange only through the Sites according to the applicable return policy.
2.3 We have made every effort to display as accurately as possible our products, including the colours of our products, that appear at the Sites. Unfortunately, we cannot guarantee that your computer monitor's display of any colour will be accurate.
3. RIGHT TO CHANGE SITE
3.1 We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue the Sites or any service, content, feature or product offered through the Sites, with or without notice; charge fees in connection with the use of the Sites; modify and/or waive any fees charged in connection with the Sites; and/or offer opportunities to some or all users of the Sites. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or of any service, content, feature or product offered through the Sites.
4. INTELLECTUAL PROPERTY
4.1 Except as expressly provided in these Terms of Use, nothing contained herein shall be construed as conferring on you or any third party any licence or right, by implication, estoppel or otherwise, under any law (whether common law or statutory law), rule or regulation including, without limitation those related to copyright or other intellectual property rights. You agree that the Content, the Site, and any and all other materials published or otherwise accessible through the Site are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
4.2 The Site and the Content are intended solely for personal, non-commercial use. You may download or copy the Contents displayed on the Sites for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), make available, use, sell, reproduce, publish, modify, adapt, prepare derivative works from, combine with other works, translate, distribute, display, communicate to the public by telecommunication, perform or exploit in any way any of the Contents or the Sites.
5. COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
5.1 DANIER is pleased to hear from users and welcomes your comments regarding our products and services. We do not accept or to consider creative ideas, suggestions, proposals, plans, or other materials other than those we have specifically requested. We hope that you will understand that the intent of this policy is to avoid the possibility of future misunderstandings when projects developed by employees and agents of Danier and/or its affiliates might seem to be similar to creative works submitted by users. Accordingly, while we value your feedback, we must ask that you do not send creative ideas, suggestions, proposals, plans, or other materials for our business. If, at our request, you send certain specific submissions (for example, contest entries, customer reviews or photographs) or without a request from us you send creative ideas, suggestions, customer reviews, photographs, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, reproduce, make available, use, reproduce, publish, modify, adapt, prepare derivative works from, combine with other works, translate, distribute, display, communicate to the public by telecommunication, perform or otherwise exploit in any medium any Comments that you forward to us. Danier is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. Danier has the right but not the obligation to monitor and edit or remove any Comments.
5.2 You agree that your Comments will not violate any right of any third party, including copyright, trade-mark, privacy, patent, trade secrets, or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Danier, it affiliates or other third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. Danier and its affiliates take no responsibility and assume no liability for any Comments posted by you or any third party.
6. PRIVACY POLICY
6.1 Your use of this Site is subject to our Privacy Policy These Terms of Use incorporate by reference the terms and conditions of the Privacy Policy.
7. PROMOTIONS
7.1 In addition to the terms and conditions of these Terms of Use, any contests, sweepstakes, surveys, games or similar promotions (collectively, “Promotions”) made available through the Sites may be governed by specific rules that are separate from this Agreement. By participating in any such Promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein. To the extent that the terms and conditions of such rules conflict with this Agreement, the terms and conditions of such rules shall control.
8. TAX
8.1 Tax charges are based on applicable federal, provincial and harmonized sales tax rates based on the delivery address associated with your order. Where required, sales tax will also be applied to the shipping and handling charges. If you return an item for a refund, you will also receive a refund for the sales taxes you paid for that item. You will not receive a refund for the sales taxes you paid on the shipping and handling of that item, as the shipping and handling charges are non-refundable once an item has been shipped. If you have questions about the sales taxes on your invoice, please contact us.
8.2 If you are making a purchase for a tax-exempt organization or are an individual that qualifies for a tax exemption, please contact our Customer Service team at customercare@danier.com. To ensure compliance with federal and provincial tax laws, all requested forms and information must be received and verified by our Customer Service team before a tax refund can be processed.
9. LINKED SITES AND THIRD PARTY COMMUNICATIONS
9.1 Any links provided on this Site to third party websites are provided solely for your convenience. The operation and content of such third party websites is beyond the Danier and its affiliates’ control. We and our affiliates does not endorse in any manner whatsoever or accept any responsibility for the content or other material that may be contained on such websites, the use of such websites, or any products or services advertised on or sold through any such website.
9.2 DANIER and its affiliates disclaims all liability for any Third Party Communications you may receive or any actions you may take or refrain from taking as a result of any Third Party Communications. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any Third Party Communications. Danier and its affiliates assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of the source or content of any Third Party Communications. As used herein, “Third Party Communications” means any communications directed to you from any third party directly or indirectly in connection with this Site.
10. ERRORS, OMISSIONS AND INACCURACIES
10.1 Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).
11. REGISTRATION
11.1 You may register a user account on this Site. If you register a user account, you agree to provide accurate and complete registration information. It is your responsibility to inform provider of any changes to that information. You are solely responsible for maintaining the confidentiality of your password and user account information and are responsible for preventing any unauthorized use of your user account. If you believe there has been unauthorized use, you must notify provider immediately by emailing customercare@danier.com.
12. DISCLAIMER
12.1 THIS SITE AND THE CONTENT ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER DANIER NOR ANY OF ITS AFFILIATES WARRANT THAT THE SITES OR ANY FUNCTION CONTAINED IN THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVERS THAT MAKE THE SITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DANIER AND/OR ITS AFFILIATES EXPRESSLY DISCLAIM ANY DUTY TO UPDATE OR REVISE THE CONTENT OF THE SITE, ALTHOUGH WE MAY MODIFY THE CONTENT AT ANY TIME WITHOUT NOTICE. YOUR USE OF THE SITE IS AT YOUR SOLE RISK, AND YOU ASSUME FULL RESPONSIBILITY FOR ANY COSTS ASSOCIATED WITH YOUR USE OF THE SITE. DANIER AND/OR ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SITES. NEITHER DANIER NOR ITS AFFILIATES REPRESENT OR WARRANT THAT THE SITE, OR ANY PART THEREOF, ARE APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION. THOSE WHO CHOOSE TO ACCESS THE SITE DO SO ON THEIR OWN INITIATIVE AND AT THEIR OWN RISK, AND ARE RESPONSIBLE FOR COMPLYING WITH ALL LOCAL LAWS, RULES AND REGULATIONS. WE MAY LIMIT THE SITE’S AVAILABILITY, IN WHOLE OR IN PART, TO ANY PERSON, GEOGRAPHIC AREA OR JURISDICTION WE CHOOSE, AT ANY TIME AND IN OUR SOLE DISCRETION.
13. LIMITATION OF LIABILITY. DANIER AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THE SITE; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON THE SITE OR ANY WEBSITE OR WEBSITES LINKED TO THE SITE; (C) THIRD PARTY COMMUNICATIONS AND ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM; (D) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (E) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (F) STATEMENTS OR CONDUCT OF ANY THIRD-PARTY ON THE SITE; OR (G) ANY OTHER MATTER RELATING TO THE SITE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, IN CONNECTION WITH YOUR USE OF THE SITES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITES, OR WITH ANY OF THESE TERMS OF USE,YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THE SITE.
14. INDEMNIFICATION
14.1 You agree to indemnify, defend and hold DANIER and its affiliates, and each of their respective officers, directors, employees, agents, licensors, suppliers and any third party information providers to this Site harmless from and against all claims, losses, expenses, damages and costs, including reasonable attorneys' fees, arising from or related to your use of the Site and/or your breach of any representation, warranty, condition or other provision of these Terms of Use.
15. THIRD PARTY RIGHTS
15.1 The provisions of paragraphs 12 (Disclaimer), 13 (Limitation of Liability), and 14 (Indemnification) are for the benefit of DANIER and its affiliates, and each of their respective officers, directors, employees, agents, licensors, suppliers and any third party information providers to this Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
16. UNLAWFUL ACTIVITY
16.1 DANIER and its affiliates reserves the right to investigate complaints or reported violations of our Terms of Use and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
17. REMEDIES FOR VIOLATIONS
17.1 Provider reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular internet address to this Site and any other our affiliates’ web sites and their features.
18. GOVERNING LAW AND JURISDICTION
18.1 These The Terms of Use are governed by and construed in accordance with the laws of the Province of Ontario, without regard to any conflict of laws provision. Any dispute arising under this Agreement shall be resolved exclusively by the Superior Court of Justice or Federal Court residing in Toronto, Ontario, Canada and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.
19. TERMS AND TERMINATION
19.1 Without limiting its other remedies, these Terms of Use terms are effective unless and until terminated by either you or DANIER. DANIER also may terminate these Terms of Use at any time without notice, and accordingly may deny you access to the Site, if in our sole judgment you fail to comply with any term or provision of these Terms of Use. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms of Use for all purposes.
20. ADDITIONAL TERMS
20.1 Severability of Provisions. These Terms of Use incorporate by reference any notices contained on this Site, including the Privacy Policy, and constitute the entire agreement with respect to access to and use of this Site. If any provision of these Terms of Use is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.
20.2 Modification to Terms of Use. DANIER and its affiliates reserves the right to change these Terms of Use at any time. Updated versions of the Terms of Use will appear on this Site and are effective immediately. You are responsible for regularly reviewing the Terms of Use. Continued use of this Site after any such changes constitutes your consent to such changes.
20.3 Choice of Language. The parties hereto confirm that it is their wish that this Agreement, as well as other documents relating hereto including notices, have been and shall be drawn up in the English language only. Les parties aux présentes confirment leur volonté que cette convention de même que tous les documents, y compris tout avis qui s'y rattache, soient rédigés en langue anglaise.
21. CONTACT
21.1 If you have any questions about the practices of this Site or DANIER, please contact us by mail at DANIER, 7700 KEELE STREET UNIT 4, VAUGHAN, ONTARIO L4K 2A1 or by e-mail to customercare@danier.com.