Website Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
This Website is only for the use of individuals who are 19 years of age and over. By proceeding to use this Website, you represent that you are 19 years of age or older.
Jack and Jane reserves the right to change these Terms and Conditions of Use at any time without prior notice by posting changed Terms and Conditions of Use on the website, and you are advised to review the Website regularly for any changes. You agree that by accessing and using this Website you are bound by these terms and conditions as may be changed from time to time.
COPYRIGHT, OWNERSHIP AND USE OF INTELLECTUAL PROPERTY
The materials (the “Materials”) contained in the Website including, without limitation, information, text, content, videos, software, photos, graphics and sound are owned by, and protected by copyrights and other proprietary rights in favour of, Jack and Jane and third parties. All rights reserved. You shall not copy, modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit or use the Materials, in whole or in part without the prior written consent of Jack and Jane.
COMPLIANCE WITH LAWS
In addition to complying with these Terms and Conditions of Use, you agree to use the Jack and Jane Website and Materials for lawful purposes only and in a manner consistent with local, provincial, national or international laws and regulations. Some jurisdictions may have restrictions on the use of the Internet by their residents.
Potential users of the Website in any jurisdiction of the world whose laws (common, statutory, regulatory or codified) would: (i) void these Terms and Conditions of Use in whole or in any essential part (the essential parts being at least, but not only, the provisions relating to governing law, and limitation of liability); or (ii) render accessing the Website illegal, are not authorized to use the Website.
USE AND RESTRICTIONS
You are only permitted to use the Website for your own personal, non-commercial purpose. Materials may only be printed or saved to your own computer for your personal, non-commercial use. Additionally, you agree that you will not:
- take any action that imposes or may impose (to be determined in Jack and Jane’s sole discretion) an unreasonable or disproportionately large load on Jack and Jane’s infrastructure;
- interfere or attempt to interfere with the proper working of the Website, or any activities conducted on or with the Website;
- bypass any measures Jack and Jane may use to prevent or restrict access to the Website.
USER NAMES AND PASSWORDS
If a feature of the Website is accessible only by use of a login name and password, you are solely responsible and liable for any use and misuse of your login name and password and for all activities that occur under your login name and password. For security reasons, you must keep your login name and password confidential and not disclose them to any person or permit any other person to use them, except an authorized Jack and Jane representative.
All login names and passwords remain the property of Jack and Jane, and may be cancelled or suspended at any time by Jack and Jane without any notice or liability to you or any other person. Jack and Jane is not under any obligation to verify the actual identity or authority of the user of any login name or password.
You must immediately notify Jack and Jane of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised.
If you choose to register with Jack and Jane for the online purchase of goods, you agree to: (i) provide true, current and complete information about yourself; and (ii) maintain and promptly update online information about yourself to keep it true, current and complete.
ACCURACY OF INFORMATION
While every effort is made to ensure the accuracy of the information on the Website, no warranty of accuracy or completeness is expressed or implied. We reserve the right to correct errors and to change or update information at any time without notice.
Any link (including hyperlinks, buttons or referral devices of any kind) used on the Website is provided for your convenience only, and you access any link at your own risk. The appearance of a link on the Website does not constitute an endorsement, recommendation or certification by Jack and Jane, nor should the presence of a link in any way be construed as a suggestion that the site has any relationship with Jack and Jane.
Jack and Jane generally does not object to links to the Website from third party sites. However, there are certain conditions that must be followed:
- You must not create frames around the Website or use other techniques that alter the visual presentation of the Website.
- Do not present the link to the Website in any way that suggests Jack and Jane has any relationship or affiliation with your site or in any way that suggests Jack and Jane endorses, sponsors or recommends the information, products or services on your site. Use of any of Jack and Jane’s content, names, logos, photographs, designs, slogans or marks in any advertising, publicity, promotion, or in any other commercial manner without Jack and Jane’s written permission for a particular use is strictly prohibited.
- Use of any of Jack and Jane’s names, logos, designs, slogans, or marks, or any other words or codes identifying the Website in any “metatag” or other information used by search engines or other information location tools to identify and select sites, without Jack and Jane’s written permission for a particular use, is strictly prohibited.
- Jack and Jane is not responsible for any loss, damage, liability or expense that may accompany or result from your use of the link or domain name for the Website including, but not limited to, any computer virus, technical, hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmissions.
- Jack and Jane reserves the right in its sole discretion to terminate your privilege to link to the Website for any reason.
- The link to the Website may not be used or associated with any distasteful, offensive, unlawful, defamatory or other materials that would adversely affect the Jack and Jane’s name, reputation or goodwill or any materials that are directed at, or appeal to, persons under the age of 19.
The linking of your website to the Website indicates your agreement to the foregoing terms and conditions.
You agree to indemnify, defend and hold Jack and Jane harmless from and against any and all claims, liabilities, damages, demands, suits, actions, losses or expenses (including all legal fees) (collectively “Claims”) arising out of:
- your infringement of any Jack and Jane or third party official mark, trade-mark, trade secret, copyright, patent or other intellectual property rights and from any Claims which may arise, now or in the future as a result of your use of the Website;
- any act or omission by you, your employees or agents which results in: (i) loss, damage, interference with or disruption to, the Website; (ii) use of the Website for any illegal purpose; or (iii) use of the Website to achieve any unauthorized or prohibited access to computer systems and data;
- your use of the Website; and
YOU UNDERSTAND AND AGREE THAT:
- USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED STRICTLY ON AN “AS IS”, “AS AVAILABLE” BASIS. JACK AND JANE DOES NOT WARRANT, REPRESENT, GUARANTEE OR COVENANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES JACK AND JANE MAKE ANY GUARANTEE, WARRANTY, REPRESENTATION OR COVENANT AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE ON THE WEBSITE. JACK AND JANE WILL NOT BE RESPONSIBLE FOR YOUR INABILITY TO EXECUTE A TRANSACTION OR OBTAIN GOODS RELATED TO ANY SUCH TRANSACTION, FOR WHATEVER REASON.
- THE DOWNLOADING OF MATERIALS FROM THE WEBSITE IS DONE AT YOUR OWN RISK. JACK AND JANE DOES NOT AT ANY TIME REPRESENT, COVENANT, GUARANTEE OR WARRANT THAT SUCH MATERIALS ARE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SAFEGUARDS TO PROTECT YOUR COMPUTER SYSTEM AND DATA AND YOU ARE RESPONSIBLE FOR THE ENTIRE COST OF ANY SERVICE, REPAIRS OR CORRECTIONS NECESSARY AS A RESULT OF THE USE OF THE WEBSITE.
IN NO EVENT SHALL JACK AND JANE BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, COMPENSATORY OR PUNITIVE DAMAGES OR LOSSES, OR DAMAGES FOR LOSS OF INCOME, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION, OR LOSS OF OR DAMAGE TO PROPERTY, OR CLAIMS OF THIRD PARTIES, OR OTHER PECUNIARY LOSS, ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE USE OF THE WEBSITE, THE USE OF ANY OTHER SITE OR PAGE ACCESSIBLE FROM THE WEBSITE OR THE ACQUISITION OR USE OF ANY GOODS PURCHASED THROUGH THE WEBSITE. IN NO EVENT WILL THE CUMULATIVE LIABILITY OF JACK AND JANE ARISING OUT OF OR RELATED TO THIS AGREEMENT OR TO ANY SUCH USE OR ACQUISITION EXCEED THE REPLACEMENT COST OF ANY SUCH GOODS. To the extent that some jurisdictions do not allow exclusions or limitations on some categories of damages, these exclusions or limitations may not apply to you.
THE FOREGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY APPLY REGARDLESS OF THE CAUSES, CIRCUMSTANCES OR FORM OF ACTION GIVING RISE TO THE LOSS, DAMAGE, CLAIM OR LIABILITY, EVEN IF SUCH LOSS, DAMAGE, CLAIM OR LIABILITY IS BASED UPON BREACH OF CONTRACT (INCLUDING, WITHOUT LIMITATION, A CLAIM OF FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM), TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND EVEN IF ADVISED OF THE POSSIBILITY OF THE LOSS, DAMAGE, DELAY, CLAIM OR LIABILITY.
All products on this Website are Final Sale, no returns will be accepted.
We do not accept any Product exchanges.
These Terms and Conditions are governed by, and shall be construed in accordance with, the laws of the Province of Ontario.