THIS CONTRACT CONTAINS A WAIVER OF CLASS ACTIONS. THIS CONTRACT CONTAINS A MANDATORY ARBITRATION AGREEMENT.
General Terms and Conditions
THIS “TERMS AND CONDITIONS” DOCUMENT IS A BINDING CONTRACT THAT GOVERNS YOUR USE OF THIS SITE, CA.LADERACH.COM AND RELATED SITES, TO INTERACT WITH Laderach (Canada) INC. (hereafter “Laderach (Canada)” or “the Company”).
DO NOT USE THIS SITE WITHOUT CAREFULLY READING THESE TERMS AND CONDITIONS.
1. AGREEMENT TO THESE TERMS AND CONDITIONS:
(a) These Terms and Conditions apply to your use of any websites, social media sites and other methods of communication created, hosted, or sponsored by Laderach (Canada) (collectively, “this Site”). This Terms and Conditions document is referred to hereafter as the “Agreement.” Please read them carefully.
(b) By checking the box that indicates your agreement to these Terms and Conditions, you as the user (“You” or “User”) agree that these provisions shall govern the relationship between you and Laderach (Canada).
2. USE OF THIS SITE:
(a) Limitations on Use of this Site: This Site is intended for, and the use of this Site is limited to, consumer retail buyers in Canada.
(b) Accuracy of Information You Provide: By using this Site, you represent the following to the Company:
- that you are of the age of legal majority in the state where you reside;
- that you have authority to use any login information and any password that you use to obtain access to this site, to make purchases on this Site, or to interact with Laderach (Canada) through this or related sites;
- that you have authority to use the payment method you use to purchase goods on this Site;
- that you are a consumer buying for yourself or for another consumer;
- that your legal residence is located in Canada.
(c) Current Information: You agree to provide accurate and current contact and shipping information to Laderach (Canada) and to keep your information current. Laderach (Canada) disclaims responsibility for any loss or damage resulting from incorrect contact or shipping information provided by you.
(d) Your Conduct on This Site: You agree (i) not to violate any law, rule, or regulation of Canada applicable to your Use of this Site; (ii) not to use this Site for illegal purposes; (iii) not to interfere or disrupt this Site or networks connected to this Site, in any manner, including by interfering with or disrupting the Site or networks by introducing viruses or other technologically harmful materials; (iv) not to use this Site to infringe any third party’s copyright, patent, trademark, trade secret, or other intellectual property rights or rights of publicity or privacy; (v) not to download, extract or redistribute any portion of the code making up any portion of the software of this Site, (vi) not to transmit, through the use of this Site, any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material of any kind or nature to any person; (vii) not to interfere with another user’s use and enjoyment of this Site or otherwise interfere with the proper functioning of this Site; (viii) not to attempt to gain unauthorized access to other computer systems through this Site, or by attempting to override any security feature of the use of this Site.
(e) Suspension or Termination: Laderach (Canada) reserves the right to terminate or suspend your account in Laderach (Canada)’s sole discretion with or without cause and with or without prior notice to you. If you wish to terminate this Agreement, or should you object to any of the terms of this Agreement or to any future modification to this Agreement, you may give notice as specified in 10(b) below, or you may simply stop using this Site.
(f) Abuse of This Site: You are prohibited from violating or attempting to violate the security of this Site, or otherwise abusing this Site, including, without limitation: (i) using the Site for any illegal purpose; (ii) accessing data not intended for your use or logging onto a server or an account that you are not authorized to access; (iii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authority; (iv) attempting to download, extract or distribute any portion of the computer code making up any portion of this Site; (v) attempting to interfere with service to any user, host or network, including, without limitation, by introducing a virus to this Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”; (vi) sending unsolicited email, including promotions and/or advertising of products or services via this Site, or using any information about other users obtained from this Site in order to do so; (vii) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting; (viii) using any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site or to bypass any measures used to restrict access to this Site; (ix) using or attempting to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site, other than the search engine and search agents made available by the Laderach (Canada) on this Site or generally available third party web browsers; (x) transmitting unlawful, harassing, libelous, abusive or otherwise objectionable material of any kind to any person; (xi) collecting information about other users without their consent; or (xii) interfering with another’s use of this Site or with the proper functioning of this Site.
3. ORDERING AND RECEIPT OF PRODUCTS:
(a) In order for Laderach (Canada) to fulfill your order, you must maintain accurate and current contact information and mailing address with Laderach (Canada).
(b) Laderach (Canada) disclaims any responsibility for its inability to deliver goods if you have not provided complete, accurate and up-to-date delivery information.
(c) Laderach (Canada) disclaims any responsibility for its inability to deliver goods in a timely manner, or undamaged, or fresh, if you have not provided complete, accurate and up-to-date delivery information.
(d) Laderach (Canada) disclaims any responsibility for goods that are lost, stolen, spoiled or become undeliverable because of natural disasters, war, riot or any other catastrophic event. Should one of these conditions occur, Laderach (Canada) will consider your request for a refund.
4. INTELLECTUAL PROPERTY:
(a) In General: All content on this Site constitutes Laderach (Canada)’s copyright, trademark, service mark, trade dress and/or other intellectual property owned, controlled or licensed by Laderach (Canada) or by third parties who have licensed their materials to Laderach (Canada) and are protected by Canadian, U.S. and international intellectual property laws.
(b) Copyright and Trademark: Your use of the Site does not give you the right to use, reproduce, collect, arrange or assemble any content from this Site, which is the exclusive property of Laderach (Canada). You may not use any of Laderach (Canada)’s copyrighted material, trademarks, service marks, or other proprietary rights or material, or to use any of Laderach (Canada)’s patents, except as expressly permitted in writing by Laderach (Canada). No trademark license or service mark license is granted to you in connection with the materials on this Site. Access to this Site does not authorize you or anyone to use any name, logo or mark in any manner. You may not use meta-tags or other hidden text utilizing Laderach (Canada)’s name or trademarks without the express prior written consent of Laderach (Canada).
(c) Use of Site Content: All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the “Content”) are intended solely for personal, non-commercial use by consumers in Canada in connection with the products provided on this Site.
(d) No Interest Transferred: No right, title or interest in any materials or software is transferred to you as a result of this Agreement or your use of this Site. You may not download, reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the content of this Site or any related software, nor may you employ any bots or other means to “screen scrape” or otherwise extract or obtain the benefit of data regarding transactions other than your own from this Site. All software used on this Site is the property of Laderach (Canada) or its licensors and suppliers and protected by Canadian, U.S. and international copyright laws. The content and software on this Site may be used only for the purpose of consumers purchasing Laderach (Canada)’s products. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Content on this Site is strictly prohibited.
(e) Comments and Submissions by Users: For all submissions by Users (hereafter “submissions” and including reviews, comments, photographs, video, feedback, postcards, suggestions, ideas and the like) that are submitted or offered to Laderach (Canada) by you on or through this Site or otherwise disclosed, submitted or offered by you in connection with your use of this Site, you hereby grant to Laderach (Canada) a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute and sublicense any and all of your submissions and/or to incorporate it in other works regardless of form, medium or technology without restriction and without compensating you in any way. You also agree to waive and not enforce any “moral rights” or equivalent rights in your submissions, such as your right to be identified as the author of any submissions. If you do not want the public to be able to access your submissions, you should choose not to leave submissions on this Site. You understand and agree that Laderach (Canada) shall not be liable for any access to, use of or disclosure of any information you include with or in any submissions.
(f) Removal of Content: Laderach (Canada) has no obligation to, and does not and cannot, review every submission that you and users other than yourself make available through the Site, and Laderach (Canada) is not responsible for any of this material or information. However, Laderach (Canada) reserves the right to monitor, delete and/or refuse to transmit, move, or edit any material or information, in whole or in part, without notice to you, that it deems in its sole discretion, unacceptable, undesirable or in violation of any law.
5. DISCLAIMERS OF WARRANTIES:
Products sold on this Site and this Site are provided “as is” and “as available” with no warranties of any kind.
Laderach (Canada) expressly disclaims all warranties of any kind relating to this Site, whether express or implied. Laderach (Canada)’s disclaimer of warranties includes but is not limited to, the disclaimer of any warranties of merchantability, fitness for a particular purpose, or non‐infringement.
To the fullest extent permitted by applicable law, Laderach (Canada) makes no representation or warranty that: (i) the services provided by the website will be uninterrupted, timely, reliable, accurate, or error‐free; (ii) defects will be corrected; (iii) the services provided or the servers that make the services available are free of viruses or other technologically harmful components; or (iv) the services provided will otherwise meet your needs, requirements, or expectations.
YOU UNDERSTAND AND AGREE THAT USE OF THIS SITE IS AT YOUR OWN RISK, AND THAT YOU WILL BE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OR IS CAUSED BY VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, MOBILE DEVICE, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE, ACCESS, OR DOWNLOADING CONTENT FROM THIS SITE. LADERACH (CANADA) DOES NOT WARRANT THAT THIS SITE OR ITS FUNCTIONS WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED.
LADERACH (CANADA) DISCLAIMS ANY LIABILITY ARISING FROM SOMEONE OTHER THAN YOU USING YOUR PASSWORD OR ACCESSING YOUR USER ACCOUNT.
Laderach (Canada) disclaims any liability for any damages to any person resulting from your use of the Services in a manner violating these Terms and Conditions or the licenses, Terms and Conditions, or User Agreements of any third party’s programs, services, or products. Laderach (Canada) expressly disclaims any responsibility for any misrepresentations or breaches committed by any user of the Site.
6. LIMITATIONS OF LIABILITY:
Laderach (Canada) shall not be liable for, and you shall not recover in any proceeding, any of the following: consequential, direct, indirect, incidental, PUNITIVE or special damages; costs; or legal fees. In no event shall Laderach (Canada) be liable for any cost, delay, lost profits, or any incidental damages. You agree not to make any claim for damages other than direct compensatory damages as limited in this Agreement, and you waive the right to claim any other damages to the fullest extent allowed by law. Regardless of the form of action, whether for breach of contract, warranty, negligence, strict liability in tort or otherwise, your exclusive remedy and the total liability of Laderach (Canada) arising in any way in connection with this Agreement, from any cause whatsoever, shall be limited to payment by Laderach (Canada) to you of a sum equal to your purchase price as liquidated damages.
7. MANDATORY ARBITRATION:
THE PARTIES TO THIS AGREEMENT AGREE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TO USE BINDING ARBITRATION TO RESOLVE ANY DISPUTES ARISING OUT OF THIS AGREEMENT OR ANY USE OF THE WEBSITE. BINDING ARBITRATION SHALL BE CONDUCTED IN TORONTO, PROVINCE OF ONTARIO, ADMINISTERED BY THE INTERNATIONAL CENTRE FOR DISPUTE RESOLUTION (ICDR) UNDER THE ICDR CANADIAN DISPUTE RESOLUTION RULES AND PROCEDURES. THE AWARD RENDERED BY THE ARBITRATORS MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. BY AGREEING TO THESE TERMS AND CONDITIONS, YOU UNDERSTAND THAT YOU ARE AGREEING TO THIS ARBITRATION PROVISION AND FURTHER, THAT AGREEING TO THIS ARBITRATION PROVISION ENTAILS GIVING UP THE RIGHT TO A TRIAL BY JURY.
IF FOR ANY REASON THIS ARBITRATION PROVISION IS HELD INAPPLICABLE OR VOID OR HELD NOT TO APPLY, OR IF A CLAIM SOMEHOW PROCEEDS IN COURT, THE COMPANY AND YOU EACH WAIVE TRIAL BY JURY.
BY AGREEING TO THE “TERMS AND CONDITIONS” YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION.
8. WAIVER OF CLASS ACTIONS:
SHOULD MANDATORY ARBITRATION NOT BE AVAILABLE, EACH OF US AGREES TO BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE BOTH HEREBY WAIVE ANY RIGHT TO BRING CLAIMS AS PART OF A CLASS OR REPRESENTATIVE ACTION OR PROCEEDING UNLESS BOTH YOU AND THE COMPANY AGREE TO THE CONTRARY. WE BOTH AGREE THAT MORE THAN ONE PARTY’S CLAIMS MAY NOT BE CONSOLIDATED OR JOINED BY THE APPLICABLE COURT, AND ANY RELIEF AWARDED TO THE USER CANNOT AFFECT OTHER USERS, AND VICE VERSA.
BY AGREEING TO THIS “TERMS AND CONDITIONS” DOCUMENT YOU AGREE TO BE BOUND BY THIS “WAIVER OF CLASS ACTIONS” PROVISION.
You agree to defend, indemnify and hold Laderach (Canada) harmless from and against any and all loss, actions, claims, damages, costs and expenses, including legal fees and disbursements on a full indemnity basis, arising from or related to your use of this Site or any breach of this Agreement.
10. MISCELLANOUS PROVISIONS:
(a) Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, except in cases where the laws of the Canadian jurisdiction in which you reside requires that the laws of such jurisdiction apply, in which case the laws of such jurisdiction shall apply. The exclusive jurisdiction for any claim, action or dispute with Laderach (Canada) or relating in any way to your use of the Site or a purchase made on the Site will be in the courts of the Province of Ontario unless required otherwise by applicable laws of your province of residence.
Notices to Laderach (Canada) should be directed to:
Notices to you from Laderach (Canada) will be directed to the last address you provided to Laderach (Canada).
(c) Entire Agreement: This Terms and Conditions Agreement constitutes the entire Agreement between you and Laderach (Canada) and supersedes all prior representations, agreements or statements between us regarding the subject matter of this Agreement. If there is any conflict between any of the incorporated documents or provisions and the text of this Agreement and other provisions on this Site, the terms of this Terms and Conditions Agreement shall be given full force and effect. If any provision of these Terms and Conditions is held by an arbitrator or judge to be ambiguous or inconsistent, that provision shall be interpreted in a way to make it consistent with the other provisions of these Terms and Conditions. If any provision of these Terms and Conditions is held by an arbitrator or judge to be void, the remainder of the Terms and Conditions shall be given full force and effect.
(d) The most current version of these Terms and Conditions can be reviewed by clicking on the “Terms and Conditions” hyperlink located at the bottom of the pages of this Site. The most current version of this Agreement will supersede all previous versions.
(e) User Agreement to these Terms and Conditions:
You agree that by checking the box that indicates User’s agreement to these Terms and Conditions, by creating an account on this Site, or by submitting an order to Laderach (Canada), you are agreeing to the Terms and Conditions in place at that time.