TERMS AND CONDITIONS OF USE
Date of last update: May 6, 2021
PLEASE READ THE TERMS AND CONDITIONS BEFORE USING THE SITE
The following terms and conditions govern and apply to your use of or reliance on the
use of the site maintained by Érika Boies (the "Site").
By accessing or browsing the Site, you represent that you have read and understand the Terms and
terms and conditions of use and agree to be bound by them. Please note that we
continued use of the site will be deemed to be your acceptance of the revised terms and
terms and conditions.
1. INTELLECTUAL PROPERTY
All intellectual property on the Site is owned by us or our licensors and includes any
includes any material protected by copyright, trademark or patent. All
trademarks are owned, registered and/or licensed by us. Any
content on the site including, but not limited to, text, software, code, design, graphics
graphics, photos, sounds, music, videos, applications, interactive features and
applications, interactive features and other content, is a collective work under Canadian law or any
under Canadian or any other copyright law and is the property of Érika Boies.
property of Érika Boies. The materials on this site may not be copied,
reproduced, republished, uploaded, posted, transmitted, distributed, or modified,
in whole or in part, whether in text, graphic, audio, video or executable form, without our
executable, without our written permission.
All rights reserved.
2. USE OF COMPANY CONTENT
We may provide you with certain information as a result of your use of the Site, including, without
including, but not limited to, documents, data or information developed by us, or
by us, or any other material that may assist you in using the Site or the Services (the "Company
services (the "Company Content"). The Company Content may not be used
for any purpose other than the use of the site and the services offered on the site. Nothing
be construed as granting you any license or intellectual property rights.
intellectual property rights.
3. USER ACCOUNT AND ACCOUNT USE
If your use of the Site requires an account identifying you as a user of the Site
(a "User Account"):
(a) you are solely responsible for your User Account and for maintaining the
(a) you are solely responsible for your User Account, for maintaining the confidentiality and security of your User Account and for all passwords associated with your User Account
(a) you are solely responsible for your User Account, for maintaining the confidentiality and security of your User Account and all passwords associated with your User Account, and for the activity of any person who
access to your account with or without your permission;
(b) you agree to immediately notify us of any unauthorized use of your User Account
your User Account, services through your User Account, a password associated with your User Account
account, a password associated with your user account, or any other breach of security of your
your User Account or services provided through your User Account, and
you agree to assist us, as we may request, to
stop or remedy any security breach related to your account; and
c) you agree to provide true, accurate, and current User Information as we may
information, as we may request from time to time, and you agree to notify us of any
notify us of any changes to your User Information as required so that the information
that the information we hold is true, accurate and current.
When you make a purchase on the site, you agree to provide a valid payment instrument.
valid payment instrument. Pay attention to the details of the transaction as the total price may include taxes, fees and
include taxes, fees and shipping costs for which you are responsible.
When you provide us with a payment instrument, you represent that you have permission to
permission to use that payment instrument. When you make a payment,
you authorize us and the payment service we use to charge the full amount to the
payment service we use, to charge the full amount to the payment instrument you have designated for the transaction.
You also authorize us to collect and store that payment instrument
and any other information related to the transaction.
If you are paying by debit or credit card, we may obtain a pre-authorization from the card issuer for a
If you pay by debit or credit card, we may obtain a pre-authorization from the card issuer for an amount up to the total amount of the transaction. If
If you choose to cancel a transaction before it is completed, the funds used for the pre-authorization may not
pre-authorization may not be immediately available on your Account.
We reserve the right to cancel any Transaction if we believe that the Transaction violates these Terms and Conditions.
violates these Terms and Conditions or if we believe that by doing so we are
believe that by doing so we can prevent financial loss.
In order to prevent financial loss, we may contact the issuer of your Payment
payment instrument, law enforcement authorities or any affected third party (including other users) and may
(including other users) and may share details of any payments you are associated with if we
associated with if we believe that such action may prevent a financial loss or a violation of
financial loss or a violation of law.
5. SALE OF GOODS AND/OR SERVICES
We may sell goods or services. We are committed to being as accurate as possible
as possible with respect to all information about goods and services,
including product descriptions and product images. However, we do not
However, we do not guarantee the accuracy or reliability of any product information and
you acknowledge and agree that the purchase of such products is at your own risk.
6. SHIPPING, DELIVERY AND RETURN POLICY
You agree to provide payment for all items you may purchase on the Site, and you acknowledge and
the site, and you acknowledge and agree that prices are subject to change.
When you purchase a physical product, you agree to provide us with a valid email address and
and shipping address and valid billing information.
We reserve the right to refuse or cancel any order for any reason, including
any reason, including an error or omission in the data you provide to us.
you provide to us. If payment has already been processed, we will issue a refund of the purchase
refund of the purchase price. We may request additional information from you before confirming the
additional information before confirming the sale and we reserve the right to place any additional
any additional restrictions on the sale of our products. For the sale of physical goods
goods, we may pre-authorize your debit or credit card at the time you place the
you place the order, or we may charge your card at the time the order is
shipping the order. You agree to monitor your payment instrument.
Shipping and delivery costs and estimated delivery dates may change due to unforeseen
due to unforeseen circumstances.
For any questions or disputes, you agree to contact us in a timely manner at
the following email address:
If you are not satisfied with an item you have purchased on our site, you may
proceed as follows:
You can return the product to us by mail, at your expense with the invoice,
however if the product is not in good condition there is no guarantee of
refund. Call the store for any other questions regarding
7. ACCEPTABLE USE OF THE SITE
You agree not to use the Site for any unlawful purpose or any other purpose prohibited
under this clause. You agree not to use the Site in any manner that
You agree not to use the Site in any way that may be detrimental to the Site, the Services or the business of Érika Boies.
You also agree not to use the Site to:
(a) harass, abuse or threaten others or otherwise violate the rights of any
(b) infringe the intellectual property of Érika Boies or any other third party
c) upload or transmit computer viruses or any other software that may damage Erika Boies
(c) upload or transmit any computer virus or any other software that may damage the property of Erika Boies or any other party
d) commit fraud;
e) create or participate in any illegal gambling, lottery or pyramid scheme
f) publish or distribute obscene or defamatory material;
g) publish or distribute any material that incites violence, hatred, or discrimination against any group
discrimination against any group; and/or
h) unlawfully collect information about others.
8. PROTECTION OF PRIVACY
By using our site, you may provide us with certain information.
By using the Site, you authorize us to use your information in Canada and in any
any country in which we may operate.
When you register for a user account, you provide us with a valid email address and
email address and you may also provide us with certain additional information, such as your
such as your name and/or billing information. According to
your use of our site, we may also receive information from external applications
information from external applications that you use to access our site or we may receive information
may receive information about you through various web technologies such as cookies
cookies, web logs, web beacons (also known as "clear gifs"), tags and the like.
tags and the like.
We use the information we collect from you to ensure that you
have a good experience on the Site. We may also track some of the
information received to improve our marketing and analytics and, to do so, we may work with
We may work with third party vendors to do so.
If you wish to block our access to any passive information we receive from
use of various technologies, you can choose to disable cookies in your web browser.
your web browser. Please be aware that we will still receive information about you that
you provide, such as your email address.
9. REVERSE ENGINEERING AND SECURITY
You may not do any of the following:
a) reverse engineer or disassemble any code or software on or from this
(b) violate or attempt to violate the security of the Site through any unauthorized access, circumvention of encryption or any other security tool
circumventing encryption or any other security tool, exploiting data or interfering with
data or interference with any host, user or network.
10. DATA LOSS
We are not responsible for the security of your user account or the content of your account.
content of your account. Use of the Site is at your own risk.
You agree to defend, indemnify and hold harmless Érika Boies and its affiliates from and against any
and its affiliates from and against any and all claims, actions or demands, including
arising out of or relating to your use or misuse of the Site, your violation of this
site, your violation of this Agreement, or your conduct and actions. If we choose to
to do so, we will select our own attorney and participate in our own defense.
12. SPAM POLICY
You are strictly prohibited from using the Site or any services offered on the Site for
illegal activities related to spam, including the collection of addresses and personal information of
information of others or sending mass commercial e-mails.
13. LINKS AND THIRD PARTY CONTENT
We may post links to third party sites or services. We are not
be responsible for any damages or losses related to the use of third party services
third party services linked to our site.
14. INDEPENDENCE OF CLAUSES
If any provision of this Agreement is determined to be unlawful, void or unenforceable in whole or in part
unenforceable, in whole or in part, the unenforceable portion shall not affect the validity and enforceability of
15. SERVICE INTERRUPTIONS
We may need to interrupt your access to the Site in order to perform maintenance or
or unplanned emergency work. You agree that your access to the
access to the Site may be affected by unplanned or unanticipated downtime for any reason
for any reason, and that we will not be liable for any damages or losses arising from such
for any damages or losses resulting from such unavailability.
16. TERMINATION OF USER ACCOUNT
We may suspend, limit or terminate your User Account and your use of the Site in our
at our sole discretion, at any time, without notice and for any reason whatsoever
including the operation or efficiency of the Site or any equipment or network owned by us or any
equipment or network owned by us or any third party that is impaired by your use or
abuse of the Site or if you have been or are currently in violation of any of the terms
terms of this Agreement. We shall have no liability to any third party, including any third party provider
third party provider for any suspension, limitation or termination of your access to the Site.
17. NO WARRANTIES
While we have made reasonable efforts to ensure that the content of this Site is accurate, we cannot
accurate, we do not warrant that such content is error-free, current or complete.
error-free, up-to-date or complete. In no event shall we be liable for
for any damage that may result from an error on the site.
We assume no responsibility for any damages arising from the misuse of the
misuse of the content of the site. We also cannot guarantee that the site
available without interruption, error or omission, or that defects will be corrected.
corrected. Nor can we guarantee that the site and the servers that make it available are free of
available are free of viruses or other harmful components. The site and its
content is provided on an "as is" and "as available" basis without any representation, warranty or
condition of any kind, express or implied.
If you choose to subscribe to any services or features of the Site that require a subscription
require a subscription, you agree to provide accurate and current information about yourself as
information about you as required by the applicable registration or subscription process, and to ensure
to ensure its accuracy by updating it as soon as possible.
as soon as possible. You agree to keep confidential any passwords or other account identifiers you choose to use.
account identifiers chosen by you or assigned to you upon registration or
registration or subscription on Érika Boies or its partners and to assume responsibility for any
assume responsibility for all activities that occur under such passwords or accounts.
accounts. In addition, you agree to notify us of any
unauthorized use of your password or member account. We cannot
be liable, directly or indirectly, for any loss or damage of any kind incurred as a result of
or damages of any kind arising out of or in connection with your failure to comply with
failure to comply with this provision.
You acknowledge that we may, in our sole and absolute discretion, and without notice to you, suspend, cancel or terminate your
without notice, suspend, cancel or terminate your account, use or access to the Site or any
access to the Site or any of its services, and remove and discard any information or
information or content related to the Site or any of its services (and terminate your use of it) for
services) for any reason, including if we believe that you have violated these Terms and
have violated these Terms. In addition, you agree that we will not be liable to you or to anyone else for
be liable to you or anyone else as a result of any such suspension, cancellation or
suspension, cancellation or termination. If you are dissatisfied with Érika Boies or any of its
services, or with any of these Terms, rules, policies, guidelines or practices relating to
or our practices in connection with the operation of Erika Boies or any of its
services, your sole remedy is to discontinue using the site or service in question.
service in question.
Communications via the Internet are subject to interception, loss or alteration.
therefore, you acknowledge that any information or material you provide electronically
you provide electronically through your access to or use of this Site is not confidential or
is not confidential or proprietary, except as required by applicable law
and that unprotected e-mail communication over the Internet is subject to possible
intercepted, altered or lost.
19. LIMITATION OF LIABILITY
In no event will we be liable for any damages you may suffer as a result of your
arising from your use of the Site, to the fullest extent permitted by law. The maximum liability
liability arising from your use of the Site is limited to one hundred (100) Canadian dollars or the amount
Canadian dollars or the amount paid to Érika Boies in the last six months, whichever is
months, whichever is greater. This applies to any claim including, but not limited to
including, but not limited to, loss of profits or revenue, consequential or punitive damages
negligence, tort or fraud of any kind.
20. QUESTIONS AND ADDITIONAL INFORMATION
If you have any questions or require additional information, please
contact us at the following address: [email protected]