Terms and Conditions

 

This website is operated by Waverly Toronto. Throughout the site, the terms "we," "our," and "us" refer to Waverly Toronto. Waverly Toronto offers this website, including all information, tools, and services available on this site for you, the user, subject to your acceptance of all the terms, conditions, policies, and notices stated here.

When you visit our website and/or make a purchase from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Use," "TOU"), including the additional terms and policies referenced here and/or available via hyperlink. These Terms of Use apply to all site users, including but not limited to users who browse, are vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Use carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions of this agreement, you must not access the website or use the services. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use.

Any new features or tools added to the current offering will also be subject to the Terms of Use. You can review the most recent version of the Terms of Use at any time on this page. We reserve the right to update, modify, or replace any part of these Terms of Use by posting updates and/or modifications on our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website after the posting of changes constitutes acceptance of those changes.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Use, you represent that you are at least the age of majority in your state or province of residence, or that you have given us your consent to allow any minor under your care to use this website.

You may not use our products for any illegal or unauthorized purposes, nor may you violate any laws in your jurisdiction while using the Service.

You must not transmit any worms, viruses, or destructive code.

Any violation of these Terms will result in the immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone at any time and for any reason.

You acknowledge that your content (other than credit card information) may be transferred unencrypted and may involve (a) transmissions over various networks, and (b) changes to conform to technical requirements of connecting networks or devices. Credit card information is always encrypted during transmission over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service, use of the Service, access to the Service, or any contact on the website through which the Service is provided, without our express written permission.

The section titles in this agreement are included for convenience only and will not limit or affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if the information made available on this site is not accurate, complete, or current. The materials on this site are provided for general information only and should not be relied upon solely for making decisions without consulting primary, more accurate, complete, or up-to-date sources of information. Any reliance on the materials on this site is at your own risk.

This site may contain certain historical information. Historical information, by its nature, is not current and is provided for reference only. We reserve the right to modify the content of this site at any time, but we are under no obligation to update the information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - SERVICE AND PRICE MODIFICATIONS

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content of the Service) without notice.

We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuation of the Service.

SECTION 5 - PRODUCTS OR SERVICES (IF APPLICABLE)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to our return or exchange policy only.

We have made every effort to display as accurately as possible the colors and images of our products that appear in the store. We cannot guarantee that the display of colors on your computer screen will be accurate.

We reserve the right, but are not obligated, to limit the sale of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We also reserve the right to limit the quantities of products or services we offer. All product descriptions or pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any product or service offer made on this site is void where prohibited by law.

We do not guarantee that the quality of products, services, information, or other materials you purchase or obtain will meet your expectations, nor that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.

If we modify or cancel an order, we may attempt to notify you by contacting the email address and/or billing address/phone number provided when the order was placed. We reserve the right to limit or prohibit orders that, in our judgment, appear to be placed by dealers, resellers, or unauthorized customers.

You agree to provide current, complete, and accurate purchase and account information for all orders placed at our store. You agree to update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind, and without endorsement. We shall not be liable for any consequences arising from your use of optional third-party tools.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products, and services available through our Service may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for reviewing or evaluating the content or accuracy, and we do not warrant and will not assume any responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

SECTION 9 - COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If, at our request, you send specific submissions (e.g., contest entries) or, without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "Comments"), you agree that we may, at any time and without restriction, modify, copy, publish, distribute, translate, and otherwise use in any media the Comments you submit to us.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS

From time to time, there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate, at any time and without notice (including after you have submitted your order).

We are under no obligation to update, modify, or clarify the information in the Service or on any related website, including, without limitation, pricing information, except as required by law. No update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the site or its content: (a) for any illegal purpose; (b) to solicit others to perform or participate in illegal acts; (c) to violate any local, international, federal, provincial, or state regulation, rule, law, or ordinance; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of code that will or may be used in any way to affect the functionality or operation of the Service or any related website, other websites, or the internet; (h) to collect or track the personal information of others; (i) to spam, phish, hijack domains, extort information, crawl, scan, or explore the web (or any other resource); (j) for obscene or immoral purposes; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not warrant that your use of our service will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that, from time to time, we may suspend the service for indefinite periods or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your own risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided "as is" and "as available" for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Yona, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, loss of profits, loss of revenue, loss of savings, loss of data, replacement costs, or any other damages, whether in contract, tort (including negligence), strict liability or otherwise, arising from your use of any service or any products purchased using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or made available via the service, even if you have been advised of the possibility of such damages.

Because some states or jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, in those states or jurisdictions, our liability will be limited to the fullest extent permitted by law.

SECTION 14 - INDEMNITY

You agree to indemnify, defend, and hold harmless Yona and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable attorneys' fees, made by a third party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

SECTION 15 - SEVERABILITY

If any provision of these Terms of Use is found to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our services or when you cease using our site.

If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we may also terminate this agreement at any time without notice and you will remain responsible for all amounts due up to and including the date of termination; and/or consequently, we may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

These Terms of Use, along with any policies or operating rules posted by us on this site or with respect to the Service, constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use).

SECTION 18 - GOVERNING LAW

These Terms of Use and any separate agreements whereby we provide you Services will be governed by and construed in accordance with the laws of Waverly Toronto.

SECTION 19 - CHANGES TO TERMS OF USE

You can review the most recent version of the Terms of Use at any time on this page.

We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Use by posting updates and changes on our website. It is your responsibility to check our website periodically for updates. Your continued use of our website or Service after the posting of any changes to these Terms of Use constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Use should be sent to us at info@omelia-oliver.com.