Terms and Conditions
KUSHARENA.COM Website Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
This Website is only for the use of individuals who are 19 years of age and over. By proceeding to use this Website, you represent that you are 19 years of age or older.
The following terms and conditions govern your use of the websites owned by the Kusharena.comRetail Corporation (the “KUSHARENA.COM”), operating under the brand name of Kusharena.comStore. These websites, which include www.kusharena.com.ca and www.doingbusinesswithkusharena.com.ca (hereinafter collectively referred to as the “KUSHARENA.COM Websites”), are owned by the KUSHARENA.COM.
KUSHARENA.COM reserves the right to change these Terms and Conditions of Use at any time without prior notice by posting changed Terms and Conditions of Use on the KUSHARENA.COM Websites, and you are advised to review the KUSHARENA.COM Websites regularly for any changes. These Terms and Conditions of Use were last updated on September 21, 2018. In any event, you agree that by accessing and using an KUSHARENA.COM Website you are bound by these terms and conditions as may be changed from time to time.
COPYRIGHT, OWNERSHIP AND USE OF INTELLECTUAL PROPERTY
The materials (the “Materials”) contained in the KUSHARENA.COM Websites including, without limitation, information, text, content, videos, software, photos, graphics and sound are owned by, and protected by copyrights and other proprietary rights in favour of, KUSHARENA.COM and third parties. All rights reserved. You shall not copy, modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit or use the Materials, in whole or in part without the prior written consent of KUSHARENA.COM.
Certain names, words, phrases, logos, marks, graphics and designs or other content that appear on KUSHARENA.COM Websites (including “KUSHARENA.COM”, “KUSHARENA.COMSTORE”, “KUSHARENA.COM” and related words and logos) are official marks, trade-marks or trade names of KUSHARENA.COM in Canada. KUSHARENA.COM is also the owner in Canada of additional official marks, trade-marks and trade names, registered and unregistered. Nothing in this Agreement or on an KUSHARENA.COM 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 KUSHARENA.COM. The names of other companies, products and services referred to on an KUSHARENA.COM Website may be trade-marks or trade names of their respective owners. Any use of the trade-marks or trade names of KUSHARENA.COM or of third parties without the prior written consent of the applicable party is strictly prohibited.
COMPLIANCE WITH LAWS
In addition to complying with these Terms and Conditions of Use, you agree to use the KUSHARENA.COM Websites and Materials for lawful purposes only and in a manner consistent with local, provincial, national or international laws and regulations. Some jurisdictions may have restrictions on the use of the Internet by their residents.
Potential users of an KUSHARENA.COM Website in any jurisdiction of the world whose laws (common, statutory, regulatory or codified) would: (i) void these Terms and Conditions of Use in whole or in any essential part (the essential parts being at least, but not only, the provisions relating to governing law, and limitation of liability); or (ii) render accessing the KUSHARENA.COM Website illegal, are not authorized to use the KUSHARENA.COM Website.
USE AND RESTRICTIONS
You are only permitted to use an KUSHARENA.COM Website for your own personal, non-commercial purpose. Materials may only be printed or saved to your own computer for your personal, non-commercial use. Use of any automated system or software to extract data from an KUSHARENA.COM Website for commercial purposes (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 a manual process) is prohibited. Additionally, you agree that you will not:
1take any action that imposes or may impose (to be determined in the KUSHARENA.COM’s sole discretion) an unreasonable or disproportionately large load on the KUSHARENA.COM’s infrastructure;
2interfere or attempt to interfere with the proper working of an KUSHARENA.COM Website, or any activities conducted on or with an KUSHARENA.COM Website;
3bypass any measures the KUSHARENA.COM may use to prevent or restrict access to KUSHARENA.COM Websites.
USER NAMES AND PASSWORDS
If a feature of an KUSHARENA.COM Website is accessible only by use of a login name and password, you are solely responsible and liable for any use and misuse of your login name and password and for all activities that occur under your login name and password. For security reasons, you must keep your login name and password confidential and not disclose them to any person or permit any other person to use them, except an authorized KUSHARENA.COM representative.
All login names and passwords remain the property of KUSHARENA.COM, and may be cancelled or suspended at any time by the KUSHARENA.COM without any notice or liability to you or any other person. KUSHARENA.COM is not under any obligation to verify the actual identity or authority of the user of any login name or password.
You must immediately notify KUSHARENA.COM of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised.
If you choose to register with KUSHARENA.COM for the online purchase of goods, you agree to: (i) provide true, current and complete information about yourself; and (ii) maintain and promptly update online information about yourself to keep it true, current and complete.
ACCURACY OF INFORMATION
While every effort is made to ensure the accuracy of the information on KUSHARENA.COM Websites, no warranty of accuracy or completeness is expressed or implied. We reserve the right to correct errors and to change or update information at any time without notice.
Any link (including hyperlinks, buttons or referral devices of any kind) used on an KUSHARENA.COM Website is provided for your convenience only, and you access any link at your own risk. The appearance of a link on an KUSHARENA.COM Website does not constitute an endorsement, recommendation or certification by KUSHARENA.COM, nor should the presence of a link in any way be construed as a suggestion that the site has any relationship with KUSHARENA.COM.
KUSHARENA.COM generally does not object to links to KUSHARENA.COM Websites from third party sites. However, there are certain conditions that must be followed:
1You are only permitted to establish links to the home page of an KUSHARENA.COM Website. Links may not be established to any pages on the KUSHARENA.COM Website other than the home page without the KUSHARENA.COM’s prior written permission.
1You must not create frames around the KUSHARENA.COM Website or use other techniques that alter the visual presentation of the KUSHARENA.COM Website.
1Unless KUSHARENA.COM enters into a specific written agreement with you, you may not use any of the KUSHARENA.COM’s names, logos, designs, slogans, or marks in or with your links, except that you may link to the KUSHARENA.COM Website home page using the plain text names: KUSHARENA.COMRETAIL CORPORATION, KUSHARENA.COM, KUSHARENA.COMSTORE or KUSHARENA.COM.
2Do not present the link to an KUSHARENA.COM Website in any way that suggests KUSHARENA.COM has any relationship or affiliation with your site or in any way that suggests KUSHARENA.COM endorses, sponsors or recommends the information, products or services on your site. Use of any of KUSHARENA.COM’s content, names, logos, photographs, designs, slogans or marks in any advertising, publicity, promotion, or in any other commercial manner without KUSHARENA.COM’s written permission for a particular use is strictly prohibited.
3Use of any of the KUSHARENA.COM’s names, logos, designs, slogans, or marks, or any other words or codes identifying an KUSHARENA.COM Website in any “metatag” or other information used by search engines or other information location tools to identify and select sites, without KUSHARENA.COM’s written permission for a particular use, is strictly prohibited.
4KUSHARENA.COM is not responsible for any loss, damage, liability or expense that may accompany or result from your use of the link or domain name for an KUSHARENA.COM Website including, but not limited to, any computer virus, technical, hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmissions.
5KUSHARENA.COM reserves the right in its sole discretion to terminate your privilege to link to an KUSHARENA.COM Website for any reason.
6The link to an KUSHARENA.COM Website may not be used or associated with any distasteful, offensive, unlawful, defamatory or other materials that would adversely affect the KUSHARENA.COM’s name, reputation or goodwill or any materials that are directed at, or appeal to, persons under the age of 19.
The linking of your website to an KUSHARENA.COM Website indicates your agreement to the foregoing terms and conditions.
You agree to indemnify, defend and hold KUSHARENA.COM harmless from and against any and all claims, liabilities, damages, demands, suits, actions, losses or expenses (including all legal fees) (collectively “Claims”) arising out of:
1your infringement of any KUSHARENA.COM or third party official mark, trade-mark, 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 an KUSHARENA.COM Website;
2any act or omission by you, your employees or agents which results in: (i) loss, damage, interference with or disruption to, an KUSHARENA.COM Website; (ii) use of an KUSHARENA.COM Website for any illegal purpose; or (iii) use of an KUSHARENA.COM Website to achieve any unauthorized or prohibited access to computer systems and data;
3your use of an KUSHARENA.COM Website; and
YOU UNDERSTAND AND AGREE THAT:
1USE OF AN KUSHARENA.COM WEBSITE IS AT YOUR SOLE RISK. THE KUSHARENA.COM WEBSITES ARE PROVIDED STRICTLY ON AN “AS IS”, “AS AVAILABLE” BASIS. KUSHARENA.COM DOES NOT WARRANT, REPRESENT, GUARANTEE OR COVENANT THAT THE KUSHARENA.COM WEBSITES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES KUSHARENA.COM MAKE ANY GUARANTEE, WARRANTY, REPRESENTATION OR COVENANT AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF AN KUSHARENA.COM WEBSITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE ON AN KUSHARENA.COM WEBSITE. KUSHARENA.COM WILL NOT BE RESPONSIBLE FOR YOUR INABILITY TO EXECUTE A TRANSACTION OR OBTAIN GOODS RELATED TO ANY SUCH TRANSACTION, FOR WHATEVER REASON.
2THE DOWNLOADING OF MATERIALS FROM AN KUSHARENA.COM WEBSITE IS DONE AT YOUR OWN RISK. KUSHARENA.COM DOES 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 CORRECTIONS NECESSARY AS A RESULT OF THE USE OF AN KUSHARENA.COM WEBSITE.
IN NO EVENT SHALL KUSHARENA.COM BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, COMPENSATORY OR PUNITIVE DAMAGES OR LOSSES, OR DAMAGES FOR LOSS OF INCOME, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION, OR LOSS OF OR DAMAGE TO PROPERTY, OR CLAIMS OF THIRD PARTIES, OR OTHER PECUNIARY LOSS, ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE USE OF AN KUSHARENA.COM WEBSITE, THE USE OF ANY OTHER SITE OR PAGE ACCESSIBLE FROM AN KUSHARENA.COM WEBSITE OR THE ACQUISITION OR USE OF ANY GOODS PURCHASED THROUGH AN KUSHARENA.COM WEBSITE. IN NO EVENT WILL THE CUMULATIVE LIABILITY OF KUSHARENA.COM ARISING OUT OF OR RELATED TO THIS AGREEMENT 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.
THE FOREGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY APPLY REGARDLESS OF THE CAUSES, CIRCUMSTANCES OR FORM OF ACTION GIVING RISE TO THE LOSS, DAMAGE, CLAIM OR LIABILITY, EVEN IF SUCH LOSS, DAMAGE, CLAIM OR LIABILITY IS BASED UPON BREACH OF CONTRACT (INCLUDING, WITHOUT LIMITATION, A CLAIM OF FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM), TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND EVEN IF ADVISED OF THE POSSIBILITY OF THE LOSS, DAMAGE, DELAY, CLAIM OR LIABILITY.
These Terms and Conditions are governed by, and shall be construed in accordance with, the laws of the Province of Ontario.