Capital Gifts Online Terms of Service
This website (www.capitalgifts.ca, hereinafter the “Website”) is managed by the Legislative Assembly Office (“LAO”). Throughout the Website the terms “we”, “us”, and “our” refer to the LAO. The LAO offers this Website, including all information, tools, and services available from this Website to you, the user, conditional upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our Website and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Website, including, without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Section 1 -- Online Store Terms
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your province or state of residence or that you are the age of majority in your province or state of residence and you have given your consent to allow any of your minor dependents to use this Website.
You may not use our products for any illegal or unauthorized purpose. Nor may you, in the use of the Service, violate any laws in your jurisdiction, including but not limited to copyright laws.
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
Section 2 -- General Conditions
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content, not including credit card information, may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Website through which the Service is provided without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Section 3 -- Accuracy, Completeness, and Timeliness of Information
We are not responsible if information made available on this Website is not accurate, complete, or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this Website is at your own risk.
This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.
Section 4 -- Modifications to the Service and Prices
Prices for our products and services are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance 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 return or exchange only according to our Capital Gifts Online Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Website is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations or 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. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your e-mail address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail please review our Capital Gifts Online Return Policy.
Section 7 -- Optional Tools
We may use and we may provide you with access to third-party tools that we neither monitor nor over which we have any control nor input.
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 any endorsement. We shall have no liability whatsoever arising from or relating to use of third-party tools.
Any use of optional tools offered through the Website is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also in the future offer new services and/or features through the Website, including the release of new tools and resources. Such new features and/or services shall also be subject to these Terms of Service.
Section 8 -- Copyright, Ownership, and Use of Intellectual Property
The materials on this Website, including, without limitation, information, text, content, videos, software, photographs, graphics, and sound, are owned by and protected by copyrights and other proprietary rights in favour of the LAO and third parties. All rights are reserved. You shall not copy, modify, publish, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit or use the materials, in whole or in part, without our prior consent. You may print, in hard copy, portions of the Website for your personal use.
Section 9 -- Trademarks
Certain names, words, phrases, logos, marks, and designs that appear on the Website may be official marks, trademarks, or tradenames of the LAO in Canada. The LAO is also the owner in Canada of additional official marks, trademarks, and trade names, registered and unregistered. Nothing in the Terms of Service or on the Website shall be construed as granting or conferring, either expressly, by implication, by estoppel, or otherwise, a licence or other right to you to use any of the marks or names or any other intellectual property right of ours. The names of other companies, products, and services referred to on the Website may be trademarks or trade names of their respective owners. Any use of the trademark or trade names of the LAO or third parties without the prior written consent of the applicable party is strictly prohibited.
Section 10 -- Personal Information
Section 11 -- Errors, Inaccuracies, and Omissions
Occasionally there may be information on our Website 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 without prior notice, including after you have submitted your order.
We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including, without limitation, pricing information, except as required by law. No specified 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 Service, you are prohibited from using the Website or its content (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (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 malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet; (l) use automated systems or software to extract data from the Website, including, without limitation, screen scraping, database scraping, and any other activity intended to collect, store, summarize, or manipulate any materials or data, whether by an automated program or manual process; (m) take any action that imposes or may impose (to be determined at our sole discretion) an unreasonable or disproportionally large load on the Website; or (n) interfere or attempt to interfere with the proper working of the Website or any activities conducted on or with the Website. 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; Limitation of Liability
You understand and agree that:
- Use of the Website is at your sole risk. Our Website is provided strictly on an “as is”, “as available” basis. We do not warrant, represent, guarantee, or covenant that our Website will be uninterrupted or error free; nor do we make any guarantee, warranty, represent, or covenant as to the results or as to the accuracy, reliability, or content of any information or service on the Website. We will not be responsible for your inability to execute a transaction or obtain goods related to any such transaction, for whatever reason;
- The downloading of materials from our Website is done at your own risk. We do not at any time represent, covenant, guarantee, or warrant that such materials are free of viruses, worms, Trojan horses, or other destructive code. You are responsible for implementing safeguards to protect your computer system and data, and you are responsible for the entire cost of any service, repairs, or correction necessary as a result of the use of the Website;
- Without notice to you, from time to time we may remove the Service for indefinite periods of time or we may cancel the Service at any time;
- 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 or any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and noninfringement.
In no event shall the LAO, our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers, or licensors be liable to you for any direct, indirect, consequential, incidental, special, compensatory, or punitive damages or losses or damages of any kind, including, without limitation, for loss of income, loss of business profits, business interruption, loss of data or business information, lost savings, replacement costs or loss of or damage to property, or claims of third parties or other pecuniary loss, arising out of or related to the terms of services, the use of the Website, the use of any other Website or page accessible from the Website, or the acquisition or use of any goods purchase through the Website. In no event will the cumulative liability of LAO arising out of or related to the terms of service or to any such use or acquisition exceed the replacement cost of any such goods. To the extent that some jurisdictions do not allow exclusions or limitations on some categories of damages, these exclusions or limitations may not apply to you.
Section 14 -- Indemnification
You agree to indemnify, defend, and hold the LAO, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees harmless from and against any and all claims, liabilities, damages, demands, suits, actions, losses, or expenses, including all legal fees, arising out of:
- your infringement of any LAO or third-party official mark, trademark, trade secret, copyright, patent, or other intellectual property rights and from any claims which may arise, now or in the future, as a result of your use of the Website;
- any act or omission by you, your employees, or agents which results in: (i) loss, damage, interference with, or disruption to the Website; (ii) use of the Website for any illegal purpose; or (iii) use of the Website to achieve any unauthorized or prohibited access to computer systems and data;
- your use of the Website;
Section 15 -- Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. 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 Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or when you cease using our Website.
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 Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination and/or accordingly may deny you access to our Services (or any part thereof).
Section 17 -- Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this Website or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any 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 Service.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Section 18 -- Governing Law
These Terms of Service and any separate agreements whereby we provide you with the Services shall be governed by and construed in accordance with the laws of the province of Alberta, Canada.
Section 19 -- Changes to Terms of Service
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Section 20 -- Contact Information
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.