Conditions of Sale Agreement
The following describes the terms on which Zucora Inc. provides the www.zucollection.com website.
This Terms and Conditions of Sale (the "Agreement") constitutes a binding legal contract between you and Zucora Inc. the owner and operator of the ZU Collection (www.zucollection.com) website (the "Site"). By ordering any product or service via the Site, you agree to your acceptance of this Agreement, as it may be amended or supplemented from time to time. Changes to this Agreement will be effective when posted.
Please review these policies carefully as they are the terms of sale that govern your purchases on www.zucollection.com. They set out your rights and obligations with respect to your purchases, including important limitations and exclusions.
Your placement of an order at www.zucollection.com constitutes your agreement that these policies apply to the order, so be certain you understand them before you place your order.
Accounts, Passwords and Security:
Certain features or services offered on or through the Sites may permit or require you to open an account (including setting up a user name and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account.
You agree to notify Zucora Inc. immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by Zucora Inc. or any other user of or visitor to the Sites due to someone else using your user name, password or account.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Zucora Inc. and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in this Agreement, no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Zucora Inc. express prior written consent.
You agree that Zucora Inc. may, in its sole discretion and without prior notice, terminate your access to the Sites and/or block your future access to the Sites if we determine that you have violated this Agreement or other agreements or guidelines which may be associated with your use of the Sites.
Waiver and Limitation of Liability:
You hereby acknowledge that the warranty provided herein and the accompanying obligations and liabilities of Zucora Inc. are exclusive and you hereby waive all other remedies, warranties, guarantees or liabilities, express or implied, arising by law or otherwise, whether or not occasioned by the negligence of Zucora Inc.
You acknowledge by your use of ZU Collection products that your use of the products and any reliance upon them is at your sole risk, and that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with ZU Collection products.
GENERAL DISCLAIMER AND LIMITATION OF LIABILITY:
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK.
THE SITE, THE SERVICES AND THE INFORMATION OR MATERIALS HEREIN ARE PROVIDED ON AN "AS IS, WHERE IS, AS AVAILABLE" BASIS. ZUCOLLECTION.COM MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITE, ITS CONTENTS (INCLUDING WITHOUT LIMIT PRODUCT DESCRIPTIONS AND PRICES) OR THE SERVICES. ZUCOLLECTION.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE USER EXPRESSLY ACKNOWLEDGES THAT (i) THERE ARE NO WARRANTIES OR REPRESENTATIONS MADE REGARDING THE CONTENT OF THE SITE INCLUDING WITHOUT LIMITATION HOW CURRENT IT IS, ITS ACCURACY, ITS COMPLETENESS, ITS AVAILABILITY, ITS SECURITY, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE, ANY HYPERLINKED WEBSITE, OR THE SERVERS UPON WHICH THEY RESIDE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND (ii) AS A SERVICE TO USERS OF THE SITE ZUCOLLECTION.COM. ZUCOLLECTION.COM INCLUDES LINKS TO OTHER WEBSITES THAT ZUCOLLECTION.COM HAS NO CONTROL OVER, AND MAKES NO ENDORSEMENTS OR REPRESENTATIONS OF ANY KIND REGARDING THE PRODUCTS, SERVICES, BUSINESS PRACTICES, CONTENT OR APPROPRIATENESS OF CONTENT ON SUCH WEBSITES, AND THE USER HEREBY IRREVOCABLY WAIVES ANY CLAIM AGAINST ZUCOLLECTION.COM WITH RESPECT TO SUCH WEBSITES.
NONE OF ZUCOLLECTION.COM OR ANY OF ITS RESPECTIVE DIRECTORS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES WILL BE LIABLE FOR DAMAGES, CLAIMS, EXPENSES OR OTHER COSTS (INCLUDING WITHOUT LIMITATION LEGAL FEES) ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE SITE OR ANY INFORMATION CONTAINED ON IT, OR ANY HYPERLINKED WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOSS OF USER PHOTOS, PROGRAMS OR DATA, INCOME OR PROFIT, LOSS OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.
YOU AGREE THAT YOUR EXCLUSIVE AND SOLE REMEDY IS TO STOP USING THE SITE.
YOU AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST ZUCORA INC. ARISING OUT OF YOUR PURCHASE OR USE OF PRODUCTS ORDERED VIA THE SITE.
Follow all instructions and heed all warnings accompanying any product ordered from the Site. Some products, including those with small pieces, may not be suitable for children and should be kept out of the reach of children.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS ZUCORA INC. FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING FROM OR RELATED TO YOUR USE OF THE PRODUCTS PURCHASED VIA THE SITE.
Governing Law and Venue:
This Agreement, the entire relationship between you and Zucora Inc. and any litigation or other legal proceeding between you and Zucora Inc. (whether grounded in tort, contract, law or equity) shall be governed by and construed in accordance with the laws of Canada and the Province of Ontario, without giving effect to its choice of law rules. This contract is fully performable in Middlesex County, Ontario, Canada.
Other Terms and Conditions:
- Zucora Inc. is not responsible for typographical errors. Zucora Inc. reserves the right to cancel any order you have placed if there was a typographical error on www.zucollection.com concerning the pricing or availability of any item you ordered when you placed the order.
- Zucora Inc. may make changes to any products or services offered at www.zucollection.com, or to the applicable prices for any such products or services, at any time, without notice. The information provided at www.zucollection.com with respect to products and services may be out of date, and Zucora Inc. makes no commitment to update the information provided at www.zucleanliving.com with respect to such products and services.
- No Zucora Inc. employee or agent has the authority to vary any of www.zucollection.com's policies or the terms and conditions governing any sale.
- If any of the aforementioned policies are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such policy shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of the policy, so that the policies shall remain in full force and effect.
- Zucora Inc.’s failure to insist on or enforce strict performance of these policies shall not be construed as a waiver by Zucora Inc. of any provision or any right it has to enforce these policies, nor shall any course of conduct between Zucora Inc. and you or any other party be deemed to modify any provision of these policies.
- These policies shall not be interpreted or construed to confer any rights or remedies on any third parties.