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Terms & Conditions

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SHOPVANA SITE TERMS AND CONDITIONS OF USE  (Last Updated on Nov. 8, 2015)

Welcome to the Shopvana Inc. website (“the Site”). This Site is provided to our customers as a service for online shopping. Usage of this Site is governed by the following set of terms and conditions of use (“Terms of Use”). It is important that you review the Terms of Use of the Site in detail before using our online shopping service. Your usage of the Site and service for all activities - including browsing, creating an account, purchasing products, etc. - is an acknowledgement of your full agreement with our Terms of Use as well as our Privacy Policy. BY USING THIS SITE YOU AGREE TO ACCEPT THE TERMS OF USE. IF YOU DO NOT AGREE TO THE TERMS OF USE, DO NOT USE THIS SITE.

Shopvana reserves the right to change the Terms of Use of the Site periodically. You should revisit this page from time to time as your use of the Site is subject to the version of the Terms of Use posted on the Site at the time of such usage.

YOUR RIGHT TO USE THIS SITE

1. You represent, warrant and covenant that you are at least 18 years old or have agreement from a legal guardian that you are allowed to use this Site;

2. Subject to the Terms of Use, as amended by us from time to time, you have the right to use this Site to:

  • Setup and maintain your account details;

  • Search for and view products offered on the site;

  • Purchase products;

  • Subscribe to newsletters or other promotional material offered on the Site;

  • Access any third party services linked to on the site;

  • Access any additional services that may be offered by Shopvana on the site from time to time;

  • Receive support for usage of the site;

3. Your use of this Site must apply with all applicable laws and regulations and the Terms of Use of the Site. We reserve the right to revoke your access to this site in the event that any breach of law, rules, regulations and/or our Terms of Use occurs;  

4. You shall not: 

  • perform illegal or fraudulent activities on the site;
  • user another user’s account credentials for unlawful or malicious purposes;
  • upload a computer program designed to impair or disrupt the operation of the Site or the availability of the Services;
  • use a computer program to automatically generate new user accounts or bypass the standard account registration process;
  • provide any of the content available on the site to any third party for any use unless authorized by Shopvana;

4. We reserve the right to restrict, suspend or terminate your access to all or part of the Site, or to require you to immediately destroy any Materials you have downloaded, printed or otherwise received from or through the Site, at any time for any reason, without prior notice or liability, and at our sole discretion.

REGISTERED USER ACCOUNTS

If you have registered an account with Shopvana Inc., you will be provided with account credentials, including user identification (normally your email address) and password, which you can use to login to and access our Site. Every time you login to the site with your account credentials, you are considered to be logged in as an authorized user of the Site, and must follow the Terms of Use of the Site. You are fully responsible for protecting the security of your login account credentials and are also responsible for notifying us of any loss of your user account credentials in a timely manner. YOU ARE FULLY ACCOUNTABLE AND RESPONSIBLE FOR ALL ACCESS TO THE SITE USING YOUR ASSIGNED USER CREDENTIALS, REGARDLESS OF WHETHER YOU APPROVED AND AUTHORIZED THE ACCESS, AND ALL OUTCOMES FROM THAT ACCESS, INCLUDING LOSS OF PERSONAL INFORMATION OR FINANCIAL LOSS DUE TO UNAUTHORIZED PURCHASES MADE ON THE SITE.  Shopvana Inc. is not obligated to investigate in any manner your access or authorization to the Site. This is solely your responsibility.  

MONITORING SITE USAGE

In order to ensure compliance with the Terms of Use and to maintain the security of the Site, we reserve the right - but are not obligated - to monitor registered users’ activities on the Site.  

PRIVACY

You are responsible for reading, understanding and agreeing to all of the details specified in our Privacy Policy

ACCURACY OF SITE CONTENT

The content of the Shopvana site includes product details, including product descriptions, colours, weight and measures, prices, and indicators of availability, among other details. We are committed to ensuring that the product data displayed on the site is as accurate as possible, however from time to time there is the possibility that typos can occur when inputting product details. Shopvana reserves the right to make changes to product details to correct inaccuracies of this nature without prior notification to you. Should such errors occur, we also reserve the right to cancel any orders made for such products as required, regardless of the current status of the order and whether or not the order has been charged to your credit card. Should the cancellation of your order by necessary, we will issue an immediate refund for the purchase price of the product and any applicable shipping costs. If an order has already been shipped to you, we cannot cancel the order until you have received delivery of the order. All product returns are governed by our product return policy. Please view our Return Policy for more details.

PURCHASING AND SHIPPING

Shopvana Inc. provides a number of payment options for product purchases. We reserve the right to make changes to any of our payment methods without prior notification to you.  

After an order is complete and shipped to you, Shopvana cannot cancel or change the order.  All product returns are governed by our product return policy. Please view our Return Policy for more details.

Shipping of orders from the Shopvana site is based on a shipping contract. Once orders are shipped, any loss of the shipped products by the shipping agency passes to you and Shopvana cannot be held liable or accountable for the loss.

SITE AVAILABILITY

Shopvana Inc. will take all reasonable measures to ensure the continual availability of the Site and shopping service. However, from time to time, the Site may be unavailable to users to allow for system maintenance, repairs, upgrades, etc. At such times, Shopvana reserves the right to deny access to the system to perform these system related activities. While we will do our best to provide advance warning of any system outages, we are not obligated to do so.

OWNERSHIP OF MATERIALS

The content provided on the site (the “Materials”) and the “look and feel” of the Site are owned by Shopvana Inc. They are copyrighted and protected by United States, Canadian and international intellectual property laws, treaties and conventions. You may not copy, adapt, modify, display, perform, transmit, frame, distribute, resell, commercially exploit or otherwise use the Materials and “look and feel” of the Site, except as expressly permitted herein, without the prior written permission of the relevant rights holder(s).  

The trademarks used on the Site are our property. You may not use any trademark displayed on the Site without our written permission. Your use of the Site is conditioned on your abiding by all notices of copyright, trademark and other proprietary rights appearing in the Materials. You are forbidden from removing or altering any such notices in full or in part from Materials that you print or download.

Except as specified in our Privacy Policy, all information and other content you send to the Site - including comments, feedback, suggestions, ideas, or any other communications - will be considered non-proprietary and non-confidential and will remain the exclusive property of Shopvana. We have no obligations of any kind to you respecting such communications and will be free to use, disclose, publish and distribute them on an unrestricted basis for any purposes. Given this, it is important that you do not submit to us any comments, ideas or suggestions that you do not wish to assign to us.

THIRD PARTIES

From time to time this Site may contain references and links to content, products, services or other offerings of third parties. Such references and links do not constitute or imply an endorsement or recommendation by us of any such third party and in no way should be interpreted as an acceptance of responsibility or liability for such third parties.

APPLICABLE LAWS

This Site is operated and controlled by Shopvana Inc. from its offices in Ontario, Canada and resides on servers located within North America, but can be accessed from jurisdictions whose laws may differ from those of the Province of Ontario. By accessing the Site you agree that the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflicts of law provisions, will apply to all matters arising out of or in connection with the Site. You also agree to submit to the exclusive personal jurisdiction and venue of the courts of the Province of Ontario with respect to such matters.

We make no warranty or representation that any or all Materials and Services provided on the Site, or any other materials or services referenced therein, are lawful in other jurisdictions or available for use in all jurisdictions. Accessing these Materials or Services from territories where they are illegal is prohibited. You agree that if you access the Site from another jurisdiction, you are responsible for compliance with local laws.

If any provision of the Terms of Use is found to be unlawful, void or unenforceable, then such provision is deemed severable and will not affect the validity or enforceability of any of the remaining provisions. The parties agree that this agreement and all related documents be written in the English language. Les parties ont exigé que le présent contrat et tous les documents connexes soient redigés en anglais.

DISCLAIMER

EXCEPT AS OTHERWISE NOTED HEREIN, THE MATERIALS AND SERVICES PROVIDED ON THIS SITE ARE PROVIDED “AS IS” BY US, WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, INCLUDING WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. Applicable laws may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. To the extent permissible, any implied warranties or representations are limited to the fullest extent permitted by law. We make no warranties, representations, or conditions of any kind regarding the sites, services, products, program or other offerings of third parties referenced on or accessible by means of the Site. We also take no responsibility for viruses that may damage your computer system or data resulting from your access to or use of the Site.

Although reasonable efforts are used to ensure that the Site will be current and will contain no errors or inaccuracies, we do not warrant or represent the accuracy and completeness of the Materials on the Site. We may make changes to the Materials on the Site at any time without notice. The Materials on the Site may be out of date, and we make no commitment to update the Materials.

LIMITATION OF LIABILITIES

IN NO EVENT WILL SHOPVANA INC., OR ITS SUPPLIERS, BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY THIRD PARTY SITES, OR THE MATERIALS, SERVICES, OR PRODUCTS CONTAINED OR PROVIDED THROUGH ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT SHOPVANA INC. IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR SERVICES ON THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Shopvana Inc. and its affiliates, representatives, officers, directors and employees from all liabilities, claims, costs and expenses, including legal fees, that arise out of or in connection with, or arising out of your use of the Site, your viewing or downloading of Materials from the Site, your use of Services on the Site, your communications to the Site, or the activities conducted by you away from the Site.

 



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