TERMS OF SERVICE
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OVERVIEW
This website is operated by Gourmet Camper Corp. Throughout the site, the terms “we”, “us” and “our” refer to Gourmet Camper Corp. Gourmet Camper Corp offers this
website, including all information, tools and services available from this site
to you, the user, conditioned upon your acceptance of all terms, conditions,
policies and notices stated here.
By visiting our site and/ or purchasing
something from us, you engage in our “Service” and agree to be bound by the
following terms and conditions (“Terms of Service”, “Terms”), including those
additional terms and conditions and policies referenced herein and/or available
by hyperlink. These Terms of Service apply to all users of the site, including
without limitation users who are browsers, vendors, customers, merchants, and/
or contributors of content.
Please read these Terms of Service carefully
before accessing or using our website. By accessing or using any part of the
site, you agree to be bound by these Terms of Service. If you do not agree to
all the terms and conditions of this agreement, then you may not access the
website or use any services. If these Terms of Service are considered an offer,
acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to
the current store shall also be subject to the Terms of Service. You can review
the most current version of the Terms of Service at any time on this page. We
reserve the right to update, change or replace any part of these Terms of
Service by posting updates and/or changes to our website. It is your
responsibility to check this page periodically for changes. Your continued use
of or access to the website following the posting of any changes constitutes
acceptance of those changes.
Our store is hosted on Shopify Inc. They
provide us with the online e-commerce platform that allows us to sell our
products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you
represent that you are at least the age of majority in your state or province
of residence, or that you are the age of majority in your state or province of
residence and you have given us your consent to allow any of your minor
dependents to use this site.
You may not use our products for any illegal
or unauthorized purpose nor may you, in the use of the Service, violate any
laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or
any code of a destructive nature.
A breach or violation of any of the Terms will
result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to
anyone for any reason at any time.
You understand that your content (not
including credit card information), may be transferred unencrypted and involve
(a) transmissions over various networks; and (b) changes to conform and adapt
to technical requirements of connecting networks or devices. Credit card information
is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy,
sell, resell or exploit any portion of the Service, use of the Service, or
access to the Service or any contact on the website through which the service
is provided, without express written permission by us.
The headings used in this agreement are
included for convenience only and will not limit or otherwise affect these
Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND
TIMELINESS OF INFORMATION
We are not responsible if information made
available on this site is not accurate, complete or current. The material on
this site is provided for general information only and should not be relied
upon or used as the sole basis for making decisions without consulting primary,
more accurate, more complete or more timely sources of information. Any
reliance on the material on this site is at your own risk.
This site may contain certain historical
information. Historical information, necessarily, is not current and is provided
for your reference only. We reserve the right to modify the contents of this
site at any time, but we have no obligation to update any information on our
site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND
PRICES
Prices for our products are subject to change
without notice.
We reserve the right at any time to modify or
discontinue the Service (or any part or content thereof) without notice at any
time.
We shall not be liable to you or to any
third-party for any modification, price change, suspension or discontinuance of
the Service.
SECTION 5 - PRODUCTS OR SERVICES (if
applicable)
Certain products or services may be available
exclusively online through the website. These products or services may have
limited quantities and are subject to return or exchange only according to our
Return Policy.
We have made every effort to display as
accurately as possible the colors and images of our products that appear at the
store. We cannot guarantee that your computer monitor's display of any color
will be accurate.
We reserve the right, but are not obligated,
to limit the sales of our products or Services to any person, geographic region
or jurisdiction. We may exercise this right on a case-by-case basis. We reserve
the right to limit the quantities of any products or services that we offer.
All descriptions of products or product pricing are subject to change at
anytime without notice, at the sole discretion of us. We reserve the right to
discontinue any product at any time. Any offer for any product or service made
on this site is void where prohibited.
We do not warrant that the quality of any
products, services, information, or other material purchased or obtained by you
will meet your expectations, or that any errors in the Service will be
corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT
INFORMATION
We reserve the right to refuse any order you
place with us. We may, in our sole discretion, limit or cancel quantities
purchased per person, per household or per order. These restrictions may
include orders placed by or under the same customer account, the same credit
card, and/or orders that use the same billing and/or shipping address. In the
event that we make a change to or cancel an order, we may attempt to notify you
by contacting the e-mail and/or billing address/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 agree to provide current, complete and
accurate purchase and account information for all purchases made at our store.
You agree to promptly update your account and other information, including your
email address and credit card numbers and expiration dates, so that we can
complete your transactions and contact you as needed.
For more detail, please review our Returns
Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party
tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide
access to such tools ”as is” and “as available” without any warranties,
representations or conditions of any kind and without any endorsement. We shall
have no liability whatsoever arising from or relating to your use of optional
third-party tools.
Any use by you of optional tools offered
through the site is entirely at your own risk and discretion and you should
ensure that you are familiar with and approve of the terms on which tools are
provided by the relevant third-party provider(s).
We may also, in the future, offer new services
and/or features through the website (including, the release of new tools and
resources). Such new features and/or services shall also be subject to these Terms
of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services
available via our Service may include materials from third-parties.
Third-party links on this site may direct you
to third-party websites that are not affiliated with us. We are not responsible
for examining or evaluating the content or accuracy and we do not warrant and
will not have any liability or responsibility for any third-party materials or
websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages
related to the purchase or use of goods, services, resources, content, or any
other transactions made in connection with any third-party websites. Please
review carefully the third-party's policies and practices and make sure you
understand them before you engage in any transaction. Complaints, claims,
concerns, or questions regarding third-party products should be directed to the
third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER
SUBMISSIONS
If, at our request, you send certain specific
submissions (for example contest entries) or without a request from us you send
creative ideas, suggestions, proposals, plans, or other materials, whether
online, by email, by postal mail, or otherwise (collectively, 'comments'), you
agree that we may, at any time, without restriction, edit, copy, publish,
distribute, translate and otherwise use in any medium any comments that you
forward to us. We are and shall be under no obligation (1) to maintain any
comments in confidence; (2) to pay compensation for any comments; or (3) to
respond to any comments.
We may, but have no obligation to, monitor,
edit or remove content that we determine in our sole discretion are unlawful,
offensive, threatening, libelous, defamatory, pornographic, obscene or
otherwise objectionable or violates any party’s intellectual property or these
Terms of Service.
You agree that your comments will not violate
any right of any third-party, including copyright, trademark, privacy,
personality or other personal or proprietary right. You further agree that your
comments will not contain libelous or otherwise unlawful, abusive or obscene
material, or contain any computer virus or other malware that could in any way
affect the operation of the Service or any related website. You may not use a
false e-mail address, pretend to be someone other than yourself, or otherwise
mislead us or third-parties as to the origin of any comments. You are solely
responsible for any comments you make and their accuracy. We take no
responsibility and assume no liability for any comments posted by you or any
third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information
through the store is governed by our Privacy Policy. To view our Privacy
Policy.
SECTION 11 - ERRORS, INACCURACIES AND
OMISSIONS
Occasionally there may be information on our
site or in the Service that contains typographical errors, inaccuracies or
omissions that may relate to product descriptions, pricing, promotions, offers,
product shipping charges, transit times and availability. We reserve the right
to correct any errors, inaccuracies or omissions, and to change or update
information or cancel orders if any information in the Service or on any
related website is inaccurate at any time without prior notice (including after
you have submitted your order).
We undertake no obligation to update, amend or
clarify information in the Service or on any related website, including without
limitation, pricing information, except as required by law. No specified update
or refresh date applied in the Service or on any related website, should be
taken to indicate that all information in the Service or on any related website
has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth
in the Terms of Service, you are prohibited from using the site or its content:
(a) for any unlawful purpose; (b) to solicit others to perform or participate
in any unlawful acts; (c) to violate any international, federal, provincial or
state regulations, rules, laws, or local ordinances; (d) to infringe upon or
violate our intellectual property rights or the intellectual property rights of
others; (e) to harass, abuse, insult, harm, defame, slander, disparage,
intimidate, or discriminate based on gender, sexual orientation, religion,
ethnicity, race, age, national origin, or disability; (f) to submit false or
misleading information; (g) to upload or transmit viruses or any other type of
malicious code that will or may be used in any way that will affect the
functionality or operation of the Service or of any related website, other
websites, or the Internet; (h) to collect or track the personal information of
others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for
any obscene or immoral purpose; or (k) to interfere with or circumvent the
security features of the Service or any related website, other websites, or the
Internet. We reserve the right to terminate your use of the Service or any
related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES;
LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that
your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be
obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove
the service for indefinite periods of time or cancel the service at any time,
without notice to you.
You expressly agree that your use of, or
inability to use, the service is at your sole risk. The service and all
products and services delivered to you through the service are (except as
expressly stated by us) provided 'as is' and 'as available' for your use,
without any representation, warranties or conditions of any kind, either
express or implied, including all implied warranties or conditions of
merchantability, merchantable quality, fitness for a particular purpose,
durability, title, and non-infringement.
In no case shall Gourmet Camper Corp., our directors, officers, employees, affiliates, agents, contractors,
interns, suppliers, service providers or licensors be liable for any injury,
loss, claim, or any direct, indirect, incidental, punitive, special, or consequential
damages of any kind, including, without limitation lost profits, lost revenue,
lost savings, loss of data, replacement costs, or any similar damages, whether
based in contract, tort (including negligence), strict liability or otherwise,
arising from your use of any of the service or any products procured using the
service, or for any other claim related in any way to your use of the service
or any product, including, but not limited to, any errors or omissions in any
content, or any loss or damage of any kind incurred as a result of the use of
the service or any content (or product) posted, transmitted, or otherwise made
available via the service, even if advised of their possibility. Because some
states or jurisdictions do not allow the exclusion or the limitation of
liability for consequential or incidental damages, in such states or
jurisdictions, our liability shall be limited to the maximum extent permitted
by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold
harmless Gourmet Camper Corp. and our parent, subsidiaries,
affiliates, partners, officers, directors, agents, contractors, licensors,
service providers, subcontractors, suppliers, interns 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 of Service or
the documents they incorporate by reference, or your violation of any law or
the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms
of Service is determined to be unlawful, void or unenforceable, such provision
shall nonetheless be enforceable to the fullest extent permitted by applicable
law, and the unenforceable portion shall be deemed to be severed from these
Terms of Service, such determination shall not affect the validity and
enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties
incurred prior to the termination date shall survive the termination of this
agreement for all purposes.
These Terms of Service are effective unless
and until terminated by either you or us. You may terminate these Terms of
Service at any time by notifying us that you no longer wish to use our Services,
or when you cease using our site.
If in our sole judgment you fail, or we
suspect that you have failed, to comply with any term or provision of these
Terms of Service, we also may terminate this agreement at any time without
notice and you will remain liable for all amounts due up to and including the
date of termination; and/or accordingly may deny you access to our Services (or
any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any
right or provision of these Terms of Service shall not constitute a waiver of
such right or provision.
These Terms of Service and any policies or
operating rules posted by us on this site or in respect to The Service
constitutes the entire agreement and understanding between you and us and
govern your use of the Service, superseding any prior or contemporaneous
agreements, communications and proposals, whether oral or written, between you
and us (including, but not limited to, any prior versions of the Terms of
Service).
Any ambiguities in the interpretation of these
Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate
agreements whereby we provide you Services shall be governed by and construed
in accordance with the laws of Gourmet Camper Corp, Toronto, Ontaro, Canada.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the
Terms of Service at any time at this page.
We reserve the right, at our sole discretion,
to update, change or replace any part of these Terms of Service by posting
updates and changes to our website. It is your responsibility to check our
website periodically for changes. Your continued use of or access to our
website or the Service following the posting of any changes to these Terms of
Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be
sent to us at ask@gourmetcamper.ca