Terms and Conditions for Site Use
January 10, 2017
belif is a trademark used in Canada under license by Fruits & Passion Boutiques Inc. (hereinafter referred to as “Fruits & Passion”, “belif”, “us” or “our”)
Fruits & Passion operates belif website (the “Site”). Use of the Site is governed by terms and conditions that apply to the Site and to sales, shown below (the “Terms and Conditions”), which constitute an agreement between you and belif. belif may modify these Terms and Conditions at any time.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITE.
By using the Site or ordering product(s) from it, you acknowledge that you have read, understood and agree to all the Terms and Conditions. If you do not agree to these Terms and Conditions, do not use the Site or order products from it.
belif reserves the right to modify the Terms and Conditions at any time, effective as soon as changes are posted on the Site, with no liability to you or any other individual. If we make modifications, we will post the new Terms and Conditions on the Site and indicate the date of the most recent update. You should therefore reread the Terms and Conditions of use each time you visit the Site or make a purchase. If at any time you find that you no longer agree with the Terms and Conditions, you must immediately stop using or accessing the Site.
1.1 Location of Site Operations
belif operates the Site from its offices in Canada. belif makes no representations to the effect that material on the Site is available for use in locations other than Canada, and accessing the Site from locations where its content or use thereof are prohibited may be illegal. Those who choose to access this Site do so of their own initiative and are responsible for complying with any locally applicable laws.
1.2 Site Modifications
belif may terminate, change, suspend or discontinue any aspect of the Site, including its functionality, at any time without prior notice or liability. belif may also (i) add, remove, modify or otherwise change any content that is on the Site or accessible from it or (ii) impose limitations as regards certain functionalities and services or restrict your access to some or all parts of the Site without prior notice or liability.
1.3 Restrictions Relating to Use of the Site
You may only use the site in accordance with these Terms and Conditions. Unless otherwise specifically indicated in one or more sections of the Site, no part of the Site may be copied, reproduced, distributed, published, translated, downloaded, displayed or transmitted in any way whatsoever without prior written permission from belif. You may display or download material from the Site for non-commercial purposes only, provided that you do not modify it and that you respect its relevant copyrights.
1.4 Intellectual Property
1.4.1 Trademarks. Names, words, titles, phrases, logos, illustrations, graphic icons and service marks (collectively the “Trademarks”) that appear on the Site, products or any components included in or with those products may represent registered or nonregistered trademarks or other intellectual property belonging or licensing to Fruits & Passion, its affiliated companies or third parties.
1.4.2 Content. All content appearing on the Site or products, specifically including any photos, illustrations, designs, trade-marks, images and text (collectively the “Content”), is the exclusive property of belif its affiliated companies or third parties and is protected by Canadian and/or international copyright laws. You are hereby granted limited permission to access the Site for your personal and non-commercial use only, on the condition that you retain all credits and notices relating to copyright and other proprietary exclusivity. Unless explicitly stated in the Terms and Conditions, no other use of the Content is authorized.
1.4.3 No Right Granted. Nothing that appears on the Site, products or elsewhere shall be directly or indirectly construed as granting you (or anyone whosoever) any licence, right, title or other interest in the Trademarks or any other intellectual property, and the Trademarks and other intellectual property shall remain the exclusive property of belif or their owners.
1.4.4 Restrictions Related to Site Use. You may not copy, reproduce, utilize, distribute or transmit, in part or in whole, the Trademarks, Content or any other intellectual property that appear on the Site, in or with products or components that are included there, without express prior written consent. Any no authorized use may make you liable for civil and/or criminal damages.
1.5 Links to Other Sites
The Site includes links to other websites operated by other companies. By clicking on these links, you will leave the belif Site. belif has neither developed, reviewed or verified the accuracy of the data contained on these sites. belif has no control over the operation of these websites and the fact that they may be linked to the belif Site does not in any way render belif, specifically as regards their content, the products/services provided or any other damages or loss that they may cause you.
1.6 User-Submitted Information
As a user of this Site, you acknowledge that any material, information and opinions (collectively the “Information”) that you may submit to belif in any way whatsoever will be assigned to belif and who will become its full and sole owner, and you waive any moral rights with regard to this Information. belif hereby advises you that it can, without issuing any compensation to you, use, reproduce, publish, license, distribute, disclose and transmit by any means and to whomever it sees fit any Information you submit to belif. Further, you are prohibited from submitting to belif Information that could be illegal, defamatory, obscene or contrary to any applicable law. When you submit Information to belif, you hereby represent that you hold any and all relevant rights to such Information, specifically intellectual property rights. You assume liability and agree to compensate, protect, indemnify and hold harmless belif, its related companies and their respective managers, directors, shareholders, agents, representatives and employees from any liability, obligation, loss, damage, penalties, claims, actions, legal proceedings, fees, expenses and expenditures (including legal fees) relating to or resulting from your use of the Site and the Information that you have submitted. belif reserves the right to not publish or to retract any material that you may have submitted to belif at its discretion, for any reason whatsoever.
2. GENERAL INFORMATION
THE FOLLOWING PROVISIONS APPLY TO USE OF THE SITE.
2.1 Disclaimer of Warranties
THE SITE AND THE ELEMENTS CONTAINED THEREIN ARE PROVIDED AS IS, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION, IMPLICIT OR EXPLICIT. SUBJECT TO ANY APPLICABLE LAW TO THE CONTRARY, BELIF DISCLAIMS ANY LIABILITY AND PROVIDES NO REPRESENTATION, WARRANTY OR CONDITION, INCLUDING WARRANTIES OF MERCHANTABILITY, DURABILITY, MERCHANTABLE QUALITY OR SUITABILITY FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. MOREOVER, BELIF MAKES NO REPRESENTATION, WARRANTY OR CONDITION RELATIVE TO (I) THE USE, VALIDITY, ACCURACY OR RELIABILITY OF THE ELEMENTS SHOWN ON THE SITE OR THE RESULTS ARISING FROM THE USE OF SUCH ELEMENTS OR (II) THE FACT THAT THE SITE AND ITS CONTENT ARE OFFERED WITHOUT INTERRUPTION OR THAT THEY WILL BE FREE OF ERRORS (WHILE BELIF DOES EVERYTHING POSSIBLE TO ENSURE THAT THE SITE CONTAINS NO ERRORS), THAT ERRORS /INTERRUPTIONS ON THE SITE WILL BE RECTIFIIED OR THAT THE SITE OR THE SERVER THAT HOSTS THE SITE WILL BE VIRUS- FREE.
2.2 Limitation of Liability
3.2.1 IN NO EVENT SHALL BELIF, ITS AFFILIATED COMPANIES OR THEIR RESPECTIVE MANAGERS, DIRECTORS, SHAREHOLDERS, AGENTS, REPRESENTATIVES OR EMPLOYEES BE HELD RESPONSIBLE FOR INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION THE LOSS OF DATA, PROFITS, REVENUE, BUSINESS OPPORTUNITIES OR ANY LOSS, DAMAGE,
RESPONSIBILITY, COST OR EXPENSE ARISING FROM OR IN RELATION TO YOUR PURCHASE OF PRODUCTS FROM THE SITE, THE USE OF THE SITE OR THE INABILITY TO USE THE SITE, WHATEVER THE ORIGIN OF THE ACTION (CONTRACTUAL RESPONSIBILITY, IN TORT, NEGLIGENCE, GROSS NEGLIGENCE OR BASED UPON ANY OTHER LEGAL DOCTRINE, INCLUDING FUNDAMENTAL BREACH), EVEN IF BELIF HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT BELIF’S LIABILITY TOWARDS YOU MAY BE UPHELD, IT SHALL BE LIMITED TO THE PURCHASE PRICE OF THE ITEMS THAT YOU ORDERED ON THE SITE.
2.2.2 Regardless of the foregoing, nothing within the current Section 2.2 can have the effect of limiting your rights as a consumer with respect to one or more of the laws of public order (including consumer protection laws) that may be applicable to you.
2.3 Force Majeure
belif will not be responsible for non-performance, in whole or in part, of any of its obligations whatsoever toward you, or for damages or losses that you may suffer, if such non-performance, damages or losses result from an act of God or from circumstances beyond its control.
2.4 Applicable Law and Territorial Jurisdiction
The Terms and Conditions shall be governed by the laws in effect in the province of Quebec, Canada, and any claims in conjunction with the Site, its Content or its use shall be governed by laws applicable in the province of Quebec, Canada. The application of any private international law or any law that might be applied to resolve legal disputes, such as the United Nations Convention for Contracts on International Sale of Goods, is expressly excluded.
The Terms and Conditions constitute the entire agreement between belif and you relating to the subjects covered herein. If provisions of the Terms and Conditions or their implementation are found to be invalid as regards any statue, regulation or law whatsoever, the aforementioned provisions shall be removed from the conditions for use and the remaining provisions in the Terms and Conditions shall not be affected.