null

Terms Of Use

 

Last updated January 14, 2019

Please review the terms and conditions of use carefully as they govern your use of vancityoriginal.com (“Site). This Site is operated by 587865 BC Inc o/a Vancity Original (“Vancity”). The use of this Site, is subject to the terms and conditions set out below. The information, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property (“Materials”) provided herein is owned by or licensed to Vancity. By using these Materials collectively (“we/us”), you, your principal, employer, its employees, agents or end client, as applicable, (“you”) agree to be bound by the following terms and conditions, and as amended periodically (“Terms”).

If you do not agree with the following Terms do not use this Site. We reserve the right to update and change the Terms by posting updates and changes to the Site without notice to you.

General Terms and Conditions

  1. You understand and agree that it is your responsibility to review the Terms.

  2. Vancity reserves the right to refuse any order you may place with us. Vancity may, in its sole discretion, limit or cancel quantities purchased per person, per household, per account, per order, per address or in any manner that suggests a concerted purchasing practice.

  3. Vancity grants you a non-exclusive, non-transferable, limited license to access and use the Site and the Materials only for non-commercial use. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Materials or the Site.

  4. The Site or Materials may not be complied into a database nor systematically distributed, distributed, shared, modified or reverse engineered in any form by any means without Vancity’s prior written consent.

  5. Your use of the Site and Materials is at your sole risk. The Site and Materials are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.

  6. You agree to provide your correct name, email address, municipal address, phone number and understand that it is your responsibility to keep your contact information up to date and safe.

  7. You agree not to have more than one account for the purposes of using this Site and Materials.

  8. You understand and agree that We may auto-publish and remind You of activities by electronic means but are under no obligation to do so.

Jurisdiction

  1. You understand and agree that Vancity, the Materials, and this Site are located in Canada and fall under Canadian law.

  2. You understand and agree that all your rights and obligations, any interpretation or legal action or proceeding that may arise is subject to the sole and exclusive jurisdiction and venue of Federal Courts of Canada and the Ontario Courts residing in Ottawa, Ontario. This shall be at the exclusion of any conflict of interest rules or the terms of U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving the Materials or Site.

  3. You agree that if there is any dispute herein with Us, You will be bound by binding arbitration under Ontario Law and attorn to an Ontario venue and jurisdiction.


Limitation of Liability

  1. In no event shall We be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with the Materials or Site or this agreement (however arising including negligence). You agree to indemnify and hold Us and (as applicable) our parent, subsidiaries, affiliates, Vancity partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

 

 

Miscellaneous

  1. The failure of Vancity to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.

  2. The Terms set out in the Site constitute the entire agreement between You and Us and govern your use of the Materials and Site, superseding any prior agreements between You and Us (including, but not limited to, any prior versions of the Terms).

 

Payment

  1. All fees are exclusive of all applicable Canadian taxes (“Taxes”). If You have a Canadian address, Taxes are based on the rates applicable to the Canadian billing address You provided to Us. Such amounts are in addition to payment for the Materials and will be billed to your account. If You provide Us with an address that is outside of Canada, You will not be charged for Taxes.

 

Cancellation and Termination

  1. You may cancel your account at any time by emailing info@vancityoriginal.com.

  2. We reserve the right to refuse, modify or terminate access to the Materials or Site to anyone for any reason and without notice at any time.

  3. Without limiting any other remedies, We may suspend or terminate your account if We suspect that You have engaged in fraudulent activity in connection with the Materials or Site.

 

Modifications to the Materials, Site and Prices

  1. Prices to access and use of this Site and these Materials are subject to change without notice from Us. Such notice, if provided, may be at any time by posting the changes to the Site.

  2. We reserve the right at any time to modify or discontinue, the Site or Materials (or any part thereof) with or without notice.

  3. We shall not be liable to You or to any third party for any modification, price change, suspension or discontinuance of the Site or Materials.

 

Acknowledgement of Intellectual Property Rights

  1. You recognize and acknowledge the validity and ownership of Vancity's intellectual property rights and all of the goodwill associated therewith including its copyright and trademarks VANCITY, VANCITY ORIGINAL and other trademarks appearing on the Site.

  2. You undertake not to oppose or challenge any of Vancity's intellectual property rights. As a condition of your use, and/or your continued use, of the Site and Materials, You undertake not to employ your access to the Site and Materials, account and registration with Us as a means to gather information and/or insight for use - on behalf of yourself and/or on behalf of any associate, whether personal or corporate - toward the development of any business enterprise that could reasonably be deemed to be competitive with the Site and Materials.

  3. As a further condition of your use, and/or your continued use, of the Site and Materials, You acknowledge and understand that We reserve the right to seek full damages and compensation, including, but not limited to, an accounting of revenues, arising out of the exploitation of your position and perspective as an account holder toward the development of, or assisting anyone, whether personal or corporate, toward the development of, any business enterprise that could reasonably be deemed as competitive with the Site and Materials.

Data Security/Privacy

  1. All accounts are password protected. You agree not to reveal your account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your account and for all activities that occur on or through your account, and you agree to immediately notify Us of any security breach of your account. We will not be responsible for any losses arising out of the unauthorized use of your account.

  2. Your submission of personal information through the Site is governed by our privacy policy, which can be reached by clicking on the "Privacy Policy (the "Privacy Policy"). These Terms incorporate by reference the terms and conditions of the Privacy Policy. If there is a conflict between the Terms and Privacy Policy, the Terms shall prevail.