TERMS & CONDITIONS

1. Introduction

This Website (the “Website”) is operated by Urban Bonfire Inc. The terms “we”, “us”, and “our” refer to Urban Bonfire Inc.

The use of our Website is subject to the following terms and conditions of use, as amended from time to time (the “Terms”). The Terms are to be read together by you with any terms, conditions or disclaimers provided in the pages of our Website, including our privacy policy. Please review the Terms carefully. The Terms apply to all users of our Website, including without limitation, users who are browsers, customers, merchants, vendors and/or contributors of content. If you access and use this Website, you accept and agree to be bound by and comply with the Terms and our Privacy Policy. If you do not agree to the Terms or our Privacy Policy, you are not authorized to access our Website, use any of our Website’s services or place an order on our Website.

2. Use of our Website

You agree to use our Website for legitimate purposes and not for any illegal or unauthorized purpose, including without limitation, in violation of any intellectual property or privacy law. By agreeing to the Terms, you represent and warrant that you are at least the age of majority in your state or province of residence and are legally capable of entering into a binding contract.

You agree to not use our Website to conduct any activity that would constitute a civil or criminal offence or violate any law. You agree not to attempt to interfere with our Website’s network or security features or to gain unauthorized access to our systems.

You agree to provide us with accurate personal information, such as your email address, mailing address and other contact details in order to complete your order or contact you as needed. You agree to promptly update your account and information. You authorize us to collect and use this information to contact you in accordance with our Privacy Policy.

3. General Conditions

We reserve the right to refuse service to anyone, at any time, for any reason. We reserve the right to make any modifications to the Website, including terminating, changing, suspending or discontinuing any aspect of the Website at any time, without notice. We may impose additional rules or limits on the use of our Website. We may make modifications, deletions and/or additions to these Terms (“Changes”) at any time. Subject to Section 8 herein, changes will be effective: (i) thirty (30) days after we provide notice of the Changes, whether such notice is provided through the Website user interface, is sent to the email address associated with your account (if applicable) or otherwise; or (ii) when you opt-in or otherwise expressly agree to the Changes or a version of these Terms incorporating the Changes, whichever comes first. Please note that the last update was performed on 18 September 2015. If the modified terms are not acceptable, please do not access or use the Website.

You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of our Website or for any service, content, feature or product offered through our Website.

4. Products or Services

All purchases through our Website are subject to product availability. We may, in our sole discretion, limit or cancel the quantities offered on our Website or limit the sales of our products or services to any person, household, geographic region or jurisdiction.

Prices for our products are subject to change, without notice. Unless otherwise indicated, prices displayed on our Website are quoted in Canadian dollars.

We reserve the right, in our sole discretion, to refuse orders, including without limitation, orders that appear to be placed by distributors or resellers. If we believe that you have made a false or fraudulent order, we will be entitled to cancel the order and inform the relevant authorities.

We do not guarantee the accuracy of the colour or design of the products on our Website. We have made efforts to ensure the colour and design of our products are displayed as accurately as possible on our Website.

5. Links to Third-Party Websites

Links from or to Websites outside of our Website are meant for convenience only. We do not review, endorse, approve or control, and are not responsible for any sites linked from or to our Website, the content of those sites, the third parties named therein, or their products and services. Accessing a link to any other site is at your sole risk and we will not be responsible or liable for any damages in connection with linking. Links to downloadable software sites are for convenience only and we are not responsible or liable for any difficulties or consequences associated with downloading the software. Use of any downloaded software is governed by the terms of the license agreement, if any, which accompanies or is provided with the software.

We may rely on third party advertising and marketing supplied through the Website and other mechanisms to subsidize the Website. By agreeing to these Terms, you agree to receive such advertising and marketing. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Website.

6. Use Comments, Feedback, and Other Submissions

You acknowledge that you are responsible for the information, profiles, opinions, messages, comments and any other content (collectively, the “Content”) that you post, distribute or share on or through our Website or services available in connection with our Website. You further acknowledge that you have full responsibility for the Content, including but limited to, with respect to its legality, and its trademark, copyright and other intellectual property ownership.

You agree that any Content submitted by you in response to a request by us for a specific submission may be edited, adapted, modified, recreated, published, or distributed by us.

You further agree that we are under no obligation to maintain any Content in confidence, to pay compensation for any Content or to respond to any Content.

You agree that you will not post, distribute or share any Content on our Website that is protected by copyright, trademark, patent or any other proprietary right without the express consent of the owner of such proprietary right. You further agree that your Content will not be unlawful, abusive or obscene nor will it contain any malware or computer virus that could affect our Website’s operations. You will be solely liable for any Content that you make and its accuracy. We have no responsibility and assume no liability for any Content posted by you or any third-party.

We reserve the right to terminate your ability to post on our Website and to remove and/or delete any Content that we deem objectionable. You consent to such removal and/or deletion and waive any claim against us for the removal and/or deletion of your Content.

You will only use the Website for lawful purposes. You will not use the Website for any illegal or immoral purposes, including but not limited to pornography, drug use, gambling or prostitution, or any other purpose reasonably likely to reflect negatively on us. You will not impair the proper use of the Website.

You will not: (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Website in any way, save as permitted herein; (ii) modify or make derivative works based upon the Website; (iii) create Internet “links” to, or “frame” or “mirror” the Website on any other server or wireless or Internet-based device; (iv) reverse engineer the Website, or access the Website in order to (a) build a competitive product or service, (b) build a product using similar ideas, features or functions as the Website, or (c) copy any ideas, features or functions of the Website, or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Website.

You will not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iii) interfere with or disrupt the integrity or performance of the Website or the data contained therein; or (iv) attempt to gain or to permit others to gain unauthorized access to the Website or its related systems or networks.

7. Your Personal Information

Please see our Privacy Policy to learn about how we collect, use, and share your personal information.

8. Errors and Omissions

Please note that our Website may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, without prior notice (including after an order has been submitted). Such errors, inaccuracies or omissions may relate to product description, pricing, promotion and availability and we reserve the right to cancel or refuse any order placed based on incorrect pricing or availability information, to the extent permitted by applicable law.

We do not undertake to update, modify or clarify information on our Website, except as required by law.

9. Disclaimer

We make no representation, warranty, or guaranty as to the reliability, timeliness, quality, suitability, availability, safety, accuracy or completeness of the Website. We do not represent or warrant that (a) the use of the Website will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, application, system or data, (b) the Website will meet your requirements or expectations, (c) any stored data will be accurate or reliable, (d) the quality of the Website, as well as any products, services, information, or other material purchased or obtained by you through the Website will meet your requirements or expectations, (e) errors or defects in the Website will be corrected, or (f) the Website or the server(s) that make it available are free of viruses or other harmful components. The Website is provided to you strictly on an “as is, where is” basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law by us. We make no representation, warranty, or guaranty as to the reliability, safety, timeliness, quality, suitability or availability of the Website, as well as any services, products or goods obtained by third parties through the use of the Website. We do not verify the ownership or intellectual property rights of the content, nor how any user makes use of the content, and shall have no liability relating thereto. You acknowledge and agree that the entire risk arising out of your use of the Website, the content and any third party services or products remains solely with you, to the maximum extent permitted by law.

Certain laws do not allow limitations on implied warranties. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

The Website may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. We are not responsible for any delays, delivery failures, or other damages of whatsoever nature resulting from such problems.

The use of our Website is at your sole risk and you assume full responsibility for any costs associated with your use of our Website. We will not be liable for any damages of any kind related to the use of our Website.

In no event will we, or our affiliates, our or their respective content or service providers, or any of our or their respective directors, officers, agents, contractors, suppliers or employees be liable to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action, or lost revenue, lost profits, lost business or sales, or any other type of damage, whether based in contract or tort (including negligence), strict liability or otherwise, arising from your use of, or the inability to use, or the performance of, our Website or the content or material or functionality through our Website, even if we are advised of the possibility of such damages.

10. Indemnification

You agree to defend and indemnify us, and hold us and our affiliates harmless, and our and their respective directors, officers, agents, contractors, and employees against any losses, liabilities, claims, expenses (including legal fees) in any way arising from, related to or in connection with your use of our Website, your violation of the Terms, or the posting or transmission of any materials on or through the Website by you, including but not limited to, any third party claim that any information or materials provided by you infringe upon any third party proprietary rights.

11. Limitation on Liability 

In no event shall our or our affiliates or service providers, or any of our or their shareholders, officers, directors, agents, employees and suppliers (the “released parties”) aggregate liability arising out of or relating to this agreement or your use of (or inability to use) the Website or with respect to the content exceed the amounts actually paid by you to us in the six (6) month period immediately preceding the event giving rise to such claim or the amount of fifty dollars (50$), whichever is greater. In no event shall the released parties be liable to you for any indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind (including personal injury, loss of data, revenue, profits, use or other economic advantage). The released parties shall not be liable for any loss, damage or injury which may be incurred by you, including but not limited to loss, damage or injury arising out of, or in any way connected with the Website or the content, including but not limited to the use or inability to use the Website, any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any third party service provider, advertiser or sponsor whose advertising appears on or within the Website. The foregoing exclusions shall apply even if any of the released parties have been previously advised of the possibility of such damages.

Responsibility for the decisions you make regarding the Website (with all its implications) rests solely with you. We will not assess the suitability, legality or ability of any users or content and you expressly waive and release the released parties, to the maximum extent allowable under applicable law, from any and all liability, claims, causes of action, or damages arising from your use of the Website, or in any way related to the third parties and to the content introduced to you by the Website. You expressly waive and release any and all rights and benefits under section 1542 of the civil code of the state of california (or any analogous law of any other state or province, including without limitation the province of quebec), which reads as follows: “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him, must have materially affected his settlement with the debtor”.

You understand that by using the Website, you may be exposed to content that is potentially offensive or otherwise objectionable, and that you use the Website at your own risk.

Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, our liability will be limited to the maximum extent permitted by law.

12. Intellectual Property 

We alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Website and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Website (collectively “Feedback”). You are not required to provide any Feedback to us. To the extent you do provide any Feedback to us, you agree to assign and hereby do assign to us all right, title and interest in and to such Feedback, and you do hereby waive and renounce any moral rights you may have in the Feedback in our favour, and agree that we may freely utilize such Feedback without compensation to you. These Terms are not a sale and does not convey to you any rights of ownership in or related to the Website, or any of our intellectual property rights. Our name, logo, and the product names associated with the Website are our trademarks or trademarks of third parties, and no right or license is granted to use them.

13. Entire Agreement

The Terms and any documents expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of the Terms and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and we acknowledge that, in entering into these Terms, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and us prior to such Terms, except as expressly stated in the Terms.

14. Waiver

Our failure to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us is effective unless it is communicated to you in writing.

15. Headings 

Any headings and titles herein are for convenience only.

16. Severability 

If any of the provisions of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable, such provision will to that extent be severed from the remaining Terms, which will continue to be valid and enforceable to the fullest extent permitted by law.

17. General 

We may give notice by means of email to your email address on record in your account information, or by written communication sent by first class mail or pre-paid post to your address on record in your account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice, and address any complaint or claim to us (such notice, complaint or claim shall be deemed given when received by us) at any time by means of email to service@urbanbonfire.com.

This Agreement may not be assigned by you (whether in whole or in part) without our prior written approval. This Agreement may be assigned without your consent (in whole or in part) by us to any party, including, without limiting the foregoing, to (i) a parent or subsidiary, (ii) an acquirer of assets or shares, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.

This Agreement and any action related thereto will be governed by the laws of the Province of Quebec without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action in relation to this Agreement will be the District of Montreal and each of the parties hereto waives any objection to jurisdiction and venue in such courts. However, in the event of the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents or other intellectual property rights, we may, at our discretion, institute legal proceedings in any jurisdiction(s) which is (are) deemed necessary or advisable.

You agree that we, in our sole discretion and for any or no reason, may terminate any member or customer account (or any part thereof) you may have with us or your use of the Website, and remove and discard all or any part of your account or any of your Content, at any time. We may also in our sole discretion and at any time discontinue providing access to the Website, or any part thereof, with or without notice. You agree that any termination of your access to the Website or any account you may have or portion thereof may be effected without prior notice, and you agree that the we shall not be liable to you. These remedies are in addition to any other remedies we may have at law or in equity.

You may terminate these Terms at any time by ceasing all use of the Website and requesting that we cancel your account (if any) via email sent to service@urbanbonfire.com.

No joint venture, partnership, employment, or agency relationship exists between you, us or any third party provider as a result of this Agreement or use of the Website or Application.

You have requested and agreed that this Agreement be drafted in English. Vous avez demandé et accepté que cette convention soit rédigée en anglais.

You hereby agree to the terms and conditions contained in the present Agreement.

18. Questions or Concerns

Please send all questions, comments and feedback to us at service@urbanbonfire.com.