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These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity, and Whrixxenchul, concerning your access to and use of our website and services. You agree that by accessing the website, you have read, understood, and agreed to be bound by all of these Terms of Use.
If you do not agree with all of these Terms of Use, then you are expressly prohibited from using the website and you must discontinue use immediately. We recommend that you print a copy of these Terms of Use for future reference. Supplemental terms and conditions or documents that may be posted on the website from time to time are hereby expressly incorporated herein by reference.
Unless otherwise indicated, the website is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the website are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights.
The content and graphics on the website are provided for your personal, non-commercial use only. Except as expressly provided in these Terms of Use, no part of the website and no content or graphics may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
By using the website, you represent and warrant that: you have the legal capacity and you agree to comply with these Terms of Use; you are not a minor in the jurisdiction in which you reside; you will not access the website through automated or non-human means, whether through a bot, script, or otherwise; you will not use the website for any illegal or unauthorized purpose; and your use of the website will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the website or any portion thereof. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer.
You may be required to register with the website in order to access certain features. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. We reserve the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete.
We make every effort to display as accurately as possible the colors, features, specifications, and details of the products and services available on the website. However, we do not guarantee that the colors, features, specifications, and details of the products and services will be accurate, complete, reliable, current, or free of other errors.
All products and services are subject to availability. We reserve the right to discontinue any products or services at any time for any reason. Prices for all products and services are subject to change without notice. We reserve the right to limit the quantities of any products or services that we offer.
We accept various forms of payment including credit cards, debit cards, and other payment methods as indicated on the website. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the website. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.
Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in Canadian dollars. You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order.
All purchases are subject to our Return Policy. Please review our Return Policy posted on this website prior to making any purchases. We reserve the right to refuse any order placed through the website. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order.
If we make a change to or cancel an order, we may attempt to notify you by contacting the email address and 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.
You may not access or use the website for any purpose other than that for which we make the website available. The website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. Prohibited activity includes, but is not limited to: systematically retrieving data or other content from the website to create or compile a collection, database, or directory without written permission from us; making any unauthorized use of the website; using the website to advertise or offer to sell goods and services; engaging in unauthorized framing of or linking to the website; tricking, defrauding, or misleading us and other users; interfering with, disrupting, or creating an undue burden on the website or the networks or services connected to the website; attempting to impersonate another user or person or using the username of another user; selling or otherwise transferring your profile; using any information obtained from the website in order to harass, abuse, or harm another person; using the website as part of any effort to compete with us or otherwise using the website for any revenue-generating endeavor or commercial enterprise; deciphering, decompiling, disassembling, or reverse engineering any of the software comprising or in any way making up a part of the website; attempting to bypass any measures of the website designed to prevent or restrict access to the website; harassing, annoying, intimidating, or threatening any of our employees or agents engaged in providing any portion of the website to you; deleting the copyright or other proprietary rights notice from any content; copying or adapting the website's software; uploading or transmitting viruses, worms, or any other type of malicious code; using the website in a manner inconsistent with any applicable laws or regulations.
The website may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the website. Any contributions you transmit may be treated as non-confidential and non-proprietary.
When you create or make available any contributions, you thereby represent and warrant that: the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your contributions do not and will not infringe the proprietary rights of any third party; you have the written consent, release, and permission of each identifiable individual person in your contributions; your contributions are not false, inaccurate, or misleading; your contributions are not unsolicited or unauthorized advertising, promotional materials, or spam; your contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable; your contributions do not ridicule, mock, disparage, intimidate, or abuse anyone; your contributions do not violate any applicable law, regulation, or rule.
By posting your contributions to any part of the website, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt, and distribute such contributions for any purpose, commercial, advertising, or otherwise.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your contributions, and you warrant that moral rights have not otherwise been asserted in your contributions.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the website provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
The website may contain links to other websites as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties. Such third-party websites and content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us.
We are not responsible for any third-party websites accessed through the website or any third-party content posted on, available through, or installed from the website. If you decide to leave the website and access the third-party websites or to use or install any third-party content, you do so at your own risk, and you should be aware these Terms of Use no longer govern.
We reserve the right, but not the obligation, to: monitor the website for violations of these Terms of Use; take appropriate legal action against anyone who violates the law or these Terms of Use; refuse, restrict access to, limit the availability of, or disable any of your contributions or any portion thereof; remove from the website or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and otherwise manage the website in a manner designed to protect our rights and property and to facilitate the proper functioning of the website.
We care about data privacy and security. Please review our Privacy Policy. By using the website, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. The website is hosted in Canada. If you access the website from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Canada, then through your continued use of the website, you are transferring your data to Canada, and you agree to have your data transferred to and processed in Canada.
These Terms of Use shall remain in full force and effect while you use the website. Without limiting any other provision of these Terms of Use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the website to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms of Use or of any applicable law or regulation.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action.
We reserve the right to change, modify, or remove the contents of the website at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our website. We also reserve the right to modify or discontinue all or part of the website without notice at any time.
We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the website. We cannot guarantee the website will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the website, resulting in interruptions, delays, or errors.
These Terms of Use and your use of the website are governed by and construed in accordance with the laws of Canada applicable to agreements made and to be entirely performed within Canada, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms of Use will be brought exclusively in the courts located in Ontario, Canada.
Any legal action of whatever nature brought by either you or us shall be commenced or prosecuted in the courts of Ontario, Canada, and the parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such courts.
There may be information on the website that contains typographical errors, inaccuracies, or omissions that may relate to the website, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the website at any time, without prior notice.
The website is provided on an as-is and as-available basis. You agree that your use of the website and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the website and your use thereof. We make no warranties or representations about the accuracy or completeness of the website's content or the content of any websites linked to the website.
In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the website, even if we have been advised of the possibility of such damages.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of your use of the website, breach of these Terms of Use, or violation of the rights of a third party.
We will maintain certain data that you transmit to the website for the purpose of managing the performance of the website, as well as data relating to your use of the website. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the website.
Visiting the website, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the website, satisfy any legal requirement that such communication be in writing.
These Terms of Use and any policies or operating rules posted by us on the website constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.
In order to resolve a complaint regarding the website or to receive further information regarding use of the website, please contact us at:
Whrixxenchul
109 Vanderhoof Ave Unit 6
East York, ON M4G 2H7
Canada
Phone: (416) 740-0078
Email: callback@whrixxenchul.world