Terms And Conditions
WELCOME TO Santa And Me®. PLEASE READ THESE CONDITIONS OF USE CAREFULLY AS THEY GOVERN YOUR USE OF THE www.santaandme.ca WEBSITE. THEY EXEMPT Santa And Me® AND OTHER PERSONS FROM LIABILITY OR LIMIT THEIR LIABILITY, AND CONTAIN OTHER IMPORTANT PROVISIONS THAT YOU SHOULD READ AND KNOW.
1. Your Acceptance Of These Conditions Of Use These Conditions of Use are an Agreement between you and all persons you represent (and for purposes of these Conditions of Use, "person" includes natural persons and any type of incorporated or unincorporated entity) and Santa And Me® (Canada) regarding your access to and use of Santa And Me's® www.santaandme.ca website and all its contents, information, products and services available on or through the website (collectively, the "Website"). These Conditions of Use also provide benefits to Santa And Me's® affiliates, service providers, suppliers and other persons.
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2. Permission To Use The Website You may use the Website only if you have reached the age of majority where you live and you can form legally binding contracts under applicable law. You may not use the Website if you live in a jurisdiction where access to or use of the Website or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of the Website is lawful, and you must comply with all applicable laws in your jurisdiction. Santa And Me® reserves the right to request proof of identification and age if needed. Santa And Me® ships products all across the globe. I needed, you may call us and make special arrangements for your order.
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3. Changes To These Conditions Of Use Santa And Me® may, in its sole discretion, change these Conditions of Use from time to time as they relate to future use of the Website, by posting revised Conditions of Use on the Website. By using the Website after these revised Conditions of Use has been posted, you signify your acceptance and agreement to be bound by the revised Conditions of Use. You may not change these Conditions of Use in any manner.
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4. Ownership And Permitted Use Of The Website The Website (including all content, page headers, custom graphics, button icons, and scripts and the presentation, arrangement, coordination, enhancement and selection of such and other information in text, graphical, video and audio forms, images, icons, software, designs, applications, data, products, items, and other elements available on or through the Website) is the property of Santa And Me® and others, and is protected by Canadian and international copyright, trademark and other laws. Your use of the Website does not transfer to you any ownership or other rights in the Website or its content.
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5. Misprints And Errors, Product Comparison AVAILABILITY AND PRICES Santa And Me® endeavors to provide current and accurate information on the Website. However, misprints, errors, inaccuracies, omissions (including incorrect specifications for products) or other errors may sometimes occur. Santa And Me® cannot guarantee that products advertised on the Website will be available when ordered or even thereafter exactly the same as in the picture (pretty much all our products are hand made and therefore two items may not look the same when compared side by side). Santa And Me® does not warrant that the content of the Website including, without limitation, product descriptions or photographs, is accurate or complete.
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6. Trade-Mark Information "Santa And Me Inc.®", "Santa And Me®", "Santa & Me®" and the website www.santaandme.ca, and its logo and other names and logos appearing on or in connection with Website (the "Marks") are registered or unregistered trademarks, service marks, trade names and logos owned or licensed by Santa And Me Inc®. or their respective owners or licensees.
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7. No Linking, Framing, Mirroring, Scraping, Data-Mining Or Postings Links to the Website without the express written permission of Santa And Me® are strictly prohibited. To request permission to link to the Website, please send an eMail. Santa And Me® may in its discretion cancel and revoke any permission it may give to link to the Website at any time and without any notice or liability.
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8. Login Names And Passwords Certain areas and features of the Website are accessible only to users who have been issued a login name and password (collectively "Codes") by Santa And Me®. For the purposes of accessing the Website, the Codes remain the property of Santa And Me® and may be cancelled or suspended at any time by Santa And Me® in its discretion without any notice or liability to you or any other person.
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9. Software Agreements Santa And Me® may cause software to be available for you to download from the Website or through other Websites or App Store and Internet resources. The software is protected by copyright, and your downloading and use of the software is governed by the applicable transaction agreement and the Software License Agreement specific to the software. By downloading software, you signify your agreement and acceptance of the applicable transaction agreement and Software License Agreement.
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10. Contests From time to time Santa And Me® may make contests available to users of the Website and others. All contests are governed by these Conditions of Use and the applicable Contest Rules. By participating in a contest through the Website, you signify your agreement and acceptance of these Conditions of Use and the applicable Contest Rules.
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11. Unsolicited Submissions In order to avoid potential misunderstandings or disputes, Santa And Me® does not accept or consider unsolicited ideas or suggestions ("Submissions"). If you send Submissions to Santa And Me® or the Website, you automatically grant (or warrant that the owner of the Submissions grants) to Santa And Me® and its successors, assigns and licensees a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use and exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing any attribution or compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of Santa And Me® or its successors, assigns and licensees, and you agree, represent and warrant that all moral rights in the Submissions are waived in favour of Santa And Me® and its successors, assigns and licensees.
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12. Your Information All information you provide through the Website, including registration information (name and eMail address), payment information (credit card numbers and expiration dates), and transaction-related information, must be true, accurate, current and complete. Santa And Me® will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, Santa And Me® or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information within 30 days of any change. Please note that we do not store any credit card information on our website.
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13. Disclaimers, Liability Exclusions/Limitations And Indemnity DISCLAIMERS YOUR ACCESS TO AND USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND LUDING WITHOUT LIMITATION IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF OR RELATING TO ACCURACY, ACCESSIBILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, PERFORMANCE OR DURABILITY, ALL OF WHICH ARE DISCLAIMED BY Santa And Me® TO THE FULLEST EXTENT PERMITTED BY LAW.
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14. Personal Information Privacy Santa And Me® collects, uses and discloses personal information in accordance with its Privacy Policy that may be changed from time to time by Santa And Me® in its discretion without any notice or liability to you or any other person by making an amended Privacy Policy accessible through the Website. By accepting these Conditions of Use, and each time you use the Website, you consent to the collection, use and disclosure of your personal information by Santa And Me® in accordance with the Privacy Policy as it then reads.
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15. Other Sites/Resources For your convenience, the Website "may" include links or references to other Internet sites or resources and businesses operated by other persons (collectively "Other Sites"). Other Sites are independent from Santa And Me®, and Santa And Me® has no responsibility or liability for or control over Other Sites, their business, goods, services, or content. Santa And Me® does not sponsor or endorse Other Sites or their business, goods, services, or content, unless expressly indicated in writing. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk, and you will not make any claim against Santa And Me® arising from, connected with, or relating to your use of Other Sites or your dealings with the owners or operators of Other Sites. As between you and Santa And Me®, these Conditions of Use, with all necessary modifications, apply to your access and use of any Other Sites and their business, goods, services and content.
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16. Termination Not withstanding any other provision of these Conditions of Use, Santa And Me® may in its discretion change, discontinue, modify, restrict, suspend or terminate the Website or any part of it without any notice or liability to you or any other person. Santa And Me® may in its discretion and for its convenience at any time immediately terminate, temporarily or permanently, these Conditions of Use or your permission to access and use the Website without any notice or liability to you or any other person.
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17. Governing Law And Dispute Resolution These Conditions of Use, your access to and use of the Website, and all related matters are governed solely by the laws of Alberta, Canada and applicable federal laws of Canada. Any dispute between you and Santa And Me® or any other person arising from, connected with or relating to the Website, these Conditions of Use, or any related matters (collectively "Disputes") will be resolved before the Courts of Alberta, sitting in the City of Calgary, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of all Disputes.
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18. Other Matters If any provision of these Conditions of Use is held to be invalid or unenforceable for any reason, then the provision will be deemed to be severed from these Conditions of Use and the remaining provisions will continue in full force and effect. |