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The following rules (“Terms and Conditions”) govern the use of the website located at, or linked to, the URL www.canaflora.ca, , and the use of any of our co-branded websites that we maintain with one or more of our business partners (which website contains a link to these Terms and Conditions) and the services that may be offered on each of the sites; our greeting, hint, reminder or Track & Modify Your Order services; our Affiliate Program(s) and corporate accounts; the ability to order products and receive newsletters and promotional emails; and any related links (collectively, our “Sites”). Please read the following Terms and Conditions carefully.
COPYRIGHTS AND TRADEMARKS OF STREAM CONSULT CANADA
Each of our Sites is owned and operated by us. Unless otherwise specified, all materials appearing on our Sites, including the text, site design, graphics, logos, icons and images, as well as the selection, assembly and arrangement thereof, are the sole property of Stream Consult Canada Corp., © 2008, ALL RIGHTS RESERVED. All audio and video clips are the sole property of Stream Consult Canada or our respective content providers. The content and software on our Sites is the property of Stream Consult Canada and/or its suppliers and is protected by Canada and international copyright laws. You may view, download, print and retain a copy of pages of any of our Sites only for your own personal use. Except as expressly provided above, you may not use, download, upload, copy, print, display, perform, reproduce, republish, license, post, transmit or distribute any information from any of our Sites in whole or in part without our prior written permission. If you wish to obtain permission to reprint or reproduce any materials appearing on any one of our Sites you may contact us at [email protected]. All rights not expressly granted herein are reserved.
You agree that you are only authorized to visit, view and to retain a copy of pages of the Sites for your own personal use, and that you shall not duplicate, download, publish, modify or otherwise distribute the material on the Sites for any purpose other than for personal use, unless otherwise specifically authorized by us to do so. You also agree not to deep-link to the site for any purpose, unless specifically authorized by us to do so.
Occasionally, substitutions of flowers, products from gourmet or chocolate baskets or containers are necessary due to temporary, regional availability issues. If this is the case with the gift you’ve selected, our experienced florists will ensure that the style, theme and colour scheme of your arrangement is preserved and will only substitute items of equal or higher value.
We may terminate the privileges of any user who uses the Sites unlawfully to transmit copyrighted material without a license, express consent, valid defence or fair use exemption to do so. If you submit information to the Sites, you warrant that the information does not infringe the copyrights or other rights of third parties.
REPRESENTATIONS BY YOU
By visiting any of the Sites, you represent, warrant and covenant that (a) you are at least 18 years old; (b) that you are a resident of the Canada; and (c) that all materials of any kind submitted by you through the Sites or for inclusion on the Sites will not plagiarize, violate or infringe upon the rights of any third-party including trade secret, copyright, trademark, trade dress, privacy, patent, or other personal or proprietary rights.
During the registration process you will be asked to select a unique password for access to certain portions of the Sites. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under the password. By logging into the Sites, you represent and warrant that: (i) you are the customer who registered for the services; (ii) that you are using the services only for permitted purposes; (iii) you are not a competitor of Stream Consult Canada, or agent thereof; (iv) you will immediately notify us of any unauthorized use of the password or account or any other breach of security; and (v) you will ensure that you exit from your account at the end of each session. Please notify us at [email protected] of any potential unauthorized use(s) of your account, or breach of security.
You also represent and warrant that: (i) you will not select or utilize a user name of another person with intent to impersonate that person; (ii) you will not select or utilize a user name in which another person has rights, if you do not have that person’s authorization to use such name; and (iii) you will not select or utilize a user name that Stream Consult Canada in its sole discretion deems offencive.
In the event a product (including, but not limited to, flowers, plants, floral arrangements, fruits and meat products) is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we shall immediately issue a credit to your credit card account in the amount of the charge.
ORDER ACCEPTANCE POLICY
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verifications or information before accepting any order.
We shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within Canada.
SPECIALS, PROMOTIONS AND SWEEPSTAKES/CONTESTS
Please read the official rules that accompany each special offer, coupon, discount, contest and sweepstakes that we may offer or conduct.
LINKS AND SEARCH RESULTS
Each of our Sites may link to other sites operated by third parties. We have no control over other sites or their content and cannot guarantee, represent or warrant that the content of these sites is accurate, legal and/or inoffensive. We do not endorse the content of other sites, and cannot warrant that these sites do not contain viruses or other features that may adversely affect your computer. By using any one of our Sites to search for or link to another third party site, you agree and understand that you may not make any claim against us for any damages or losses resulting from your use of our Site to obtain search results and/or to link to a third party site. However, if you have a problem with a link from any one of our Sites, please notify us at [email protected]. We will investigate the link and take appropriate action.
VIOLATION OF THE TERMS AND CONDITIONS
By using any one of our Sites, you understand and agree that we, at our sole discretion and without prior notice, may terminate your access to one or more of our Sites and to any services offered on our Sites, and may remove any content on any of our Sites you have provided (“User Content”) if we believe that the User Content violates or is inconsistent with these Terms and Conditions or their intent, that your conduct is disruptive, or you have violated the law or the rights of Provide Commerce or another user.
LICENSE GRANTED BY YOU
By providing User Content to us, which includes submitting or uploading content or materials for use on the Sites, you represent and warrant that you or the owner of all rights to such content or materials has expressly granted us an irrevocable worldwide right in all languages and in perpetuity to use and exploit all or any part of the content and materials provided by you. We may publish and distribute any such submitted content or materials at our sole discretion by any method now existing or later developed. You agree that you shall waive all claims and have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary rights in any communication, content or material submitted to us. Any communication or materials you send to us will be treated as non-confidential and non-proprietary and may be disseminated or used by us for any purpose, including, but not limited to, developing, creating, manufacturing or marketing products or services.
COMPLIANCE WITH LAWS
We welcome all comments, feedback, information, or materials (“Feedback”), which you submit to us by email or otherwise through or in conjunction with any one of our Sites. Please note that Feedback shall be considered non-confidential and become the property of Stream Consult Canada. By submitting Feedback to us, you agree to a no charge assignment to us of all right, title and interest in copyrights and other intellectual property rights on a worldwide basis to the Feedback. We shall be free to use Feedback on an unrestricted basis.
You must be 18 years or older and have a valid credit card, with full authority to use it, to submit an order through any of our Sites. You agree not to use any of our Sites or any content contained in it for any illegal or inappropriate activities.
SHIPPING AND DELIVERY
Stream Consult Canada, in conjunction with our service providers, will attempt to deliver a product on the requested day. Our service providers do not telephone prior to delivering packages, and we cannot guarantee the time of delivery.
We are not responsible for:
- Flowers, plants, fruits, meat products and preserved items delivered to incorrect addresses supplied by the sender.
- Unsuccessful deliveries arising from the recipient not being present at time of delivery at the address supplied by the sender.
- Decreased product quality due to an incorrect delivery address supplied by the sender, or a re-route requested by the sender.
- Product quality problems caused by improper handling by the recipient.
Stream Consult Canada does not allow orders to be edited or cancelled within forty-eight (48) hours of the requested delivery date, or within the seven (7) days prior to Thanksgiving, Christmas, Valentine’s Day or Mother’s Day, because of our extremely high volume of orders during these times.
Special offers, coupons, or discounts cannot be used in conjunction with other offers. Limit one promotion per order.
GUARANTEE AND DISCLAIMERS
Stream Consult Canada GUARANTEES THAT (A) ITS FLOWERS, PLANTS, AND PRESERVED ITEMS ORDERED ON THE WWW.canaflora.ca SITE WILL BE FRESH FOR AT LEAST FIVE (5) DAYS AFTER DELIVERY. WITH RESPECT TO EITHER OF OUR GUARANTEES, OUR SOLE MAXIMUM LIABILITY WILL NOT BE MORE THAN TO REFUND THE PURCHASE PRICE OR TO REPLACE AND DELIVER EQUIVALENT PRODUCT ITEMS, AS APPROPRIATE, AS SOON AS REASONABLY POSSIBLE. THE APPLICABLE GUARANTEE MUST BE BROUGHT WITHIN FIVE (5) DAYS AFTER DELIVERY OR WE SHALL NOT BE LIABLE AND YOU WILL HAVE WAIVED ANY AND ALL RELATED CLAIMS REGARDING SUCH PRODUCT ITEMS.
WHILE WE ENDEAVOUR TO PROVIDE THE MOST ACCURATE, UP-TO-DATE INFORMATION AVAILABLE, THE DIRECTORIES AND INFORMATION ON OUR SITES MAY BE OUT OF DATE OR INCLUDE OMISSIONS, INACCURACIES OR OTHER ERRORS. OUR SITES AND THE MATERIALS THEREIN ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DO NOT PROMISE THAT OUR SITES OR ANY SERVICES OFFERED ON OUR SITES WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT THE USE OF OUR SITES OR ANY CONTENT, SEARCH OR LINK ON THEM WILL PROVIDE ANY SPECIFIC RESULTS.
EXCEPT AS EXPRESSLY STATED HEREIN, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS, GUARANTEES, WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON OUR SITES, OUR SITES AND OUR SITES’ USE, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITY
YOU AGREE THAT, EXCEPT AS EXPLICITLY SET FORTH HEREIN, Stream Consult Canada, ITS DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR DAMAGES RELATED TO PRODUCTS SOLD OR THE OPERATION, CONTENT OR USE OF OUR SITES. YOU AGREE THAT THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF PROFITS, REVENUES, DATA AND USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, RELATED TO OUR PRODUCTS OR YOUR ACCESS TO, AND USE OF, OUR SITES OR ANY OTHER HYPER-LINKED THIRD PARTY WEB SITE, EVEN IF WE HAVE BEEN ADVISED OF, OR ARE AWARE OF, THE POSSIBILITY OF SUCH DAMAGES.
The Sites may contain advertisements and/or sponsorships. The advertisers and/or sponsors that provide these advertisements and sponsorships are solely responsible for insuring that the materials submitted for inclusion on the Site are accurate and comply with all applicable laws. We are not responsible for the acts or omissions of any advertiser or sponsor.
You agree that any legal action brought against us shall be governed by the laws of Ontario, Canada, without regard to conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on any one of our Sites shall be an appropriate federal or province court located in Toronto, Ontario. We make no representations that the content in our Sites is appropriate for access outside the Canada. Those who choose to access any one of our Sites from outside the Canada do so on their own initiative and are responsible for compliance with local laws. If any provision within the Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and all remaining provisions shall be enforced.
By using any one of our Sites, you agree to indemnify and hold Stream Consult Canada, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of such Site, including providing a link to another site or uploading any content to such Site.
If any provision of the Terms and Conditions is held to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect.
Section titles in the Terms and Conditions are for convenience and do not define, limit, or extend any provision of the Terms and Conditions.
HOW TO CONTACT US
If you have any comments or questions, please do not hesitate to contact us at [email protected] or at 1-866-5185251, or write us at:
Office of the CEO
Stream Consult Canada Corp.
4915 Bathurst St., Unit #209-303
Toronto, ON, M2R 1X9