Soul Beautiful

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Terms of Use

Welcome to www.soulbeautiful.ca ("Website"). Use of the Website is provided to you by Bump Creative Partners Inc., and/or its affiliates, subsidiaries, successors and assigns (collectively, "Bump"), subject to your acceptance of: these terms of use; Bump’s Privacy Policy; and, any other notices or amendments posted on the Website. Additionally, any offers for the sale of goods and services made through the Website (collectively, "Goods") are subject to your acceptance of: the aforementioned terms of use, privacy policy, and other posted notices and amendments; and, all terms and conditions relating to such purchase provided to you from time to time (including, but not limited to, all terms and conditions posted during checkout and all terms and conditions delivered to you, in any manner or form, in connection with any Goods purchased).

By using the Website, and/or by purchasing (or attempting to purchase) any Goods, you are acknowledging that you have read, and agree to be bound by the terms herein.

THESE TERMS OF USE IMPOSE LEGAL OBLIGATIONS UPON YOU; THEREFORE, IT IS IMPORTANT THAT YOU READ THEM CAREFULLY.

Bump has the right, in its sole discretion, to modify, add or remove any provision of these terms of use (each a "Change"), at any time. Bump will notify you of a Change by posting a notice on the Website. A Change is effective immediately upon such posting.

You agree to review these terms of use on a regular basis. You further agree that your use of the Website constitutes your acceptance of all Changes made up to such date. If you do not agree to these terms of use, or to a Change made to these terms of use, your sole and exclusive remedy is to discontinue using the Website.

The most recent version of these terms of use can always be found at www.soulbeautiful.ca/termsofuse. These terms of use were last modified on January 5, 2011. Before you continue, you should print and/or save a copy of these terms of use for your records.

License to Use Website

Bump grants you a limited, non-transferrable, non-exclusive, non-assignable, revocable license to use the Website solely to:

  • access and navigate the Website pages for which you have been provided access and permission;
  • purchase, and pay for, Goods;
  • create a hyperlink to the www.soulbeautiful.ca, Website, so long as such hyperlink does not result in the portrayal of Bump or the Website in a misleading, derogatory or otherwise negative manner; and,
  • download one copy of any content appearing on the Website (including, but not limited to, text, graphics, pictures, logos, icons, buttons, patterns, background, images, software, audio and/or video, and their selection and arrangement) (collectively, the “Content”) to which you have legitimately been provided access, for your personal, non-commercial home use only, provided that you keep intact all copyright and other proprietary notices.

You are prohibited from using the Website in any manner not expressly permitted by these terms of use. Examples of prohibited behaviour include, but are not limited to:

  • downloading, copying or modifying the Website, the Content or any portion thereof, except for page caching or as otherwise specifically permitted herein;
  • data mining, aggregating, duplicating, extracting, and/or framing any product listings, descriptions, prices or pictures, or any pages of the Website;
  • accessing, or attempting to access, the Website by any means other than the interface provided by Bump, or though any automated means (such as scripts or web crawlers);
  • accessing, or attempting to access, any page of the Website for which you have not been granted access and permission;
  • engaging in any activity that interferes with or disrupts the Website, or the servers and networks connected to the Website; or,
  • reproducing, duplicating, copying, selling, reselling, visiting, or otherwise exploiting for any commercial purpose the Website or the Content, or any portion thereof.

If you engage in any prohibited activities, the aforementioned license granted to you by Bump immediately terminates. Moreover, unauthorized use may also violate applicable laws (including, but not limited to, copyright and trade mark laws, and applicable communication regulations and statutes).

For clarity, and notwithstanding any other term herein, the license granted to you by Bump is revocable at any time, without notice to you, and with or without cause.

To hyperlink to any page of the Website other than the home page located at www.soulbeautiful.ca, you must first contact us at customerservice@soulbeautiful.ca to obtain our permission. Hyperlinking to any page of our Website other than the home page without express, written permission from Bump is a violation of this agreement and an infringement of Bump’s proprietary rights, and is expressly prohibited.

Links to Third Party Websites

The Website may include hyperlinks to other websites. Bump has no control over any websites which are provided by companies or persons other than Bump. Bump is not responsible for the availability of any such external websites, nor does Bump endorse any advertising, products or other materials on or available from such websites. Bump is not liable for any loss or damage which may be incurred by you as a result of the availability (or lack thereof) of those external websites, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites.

Privacy

Your privacy is very important to Bump. As such, Bump has created a Privacy Policy explaining what information is collected from you, and what is done with such information. As both your use of the Website and your purchase of any Goods is subject to the Privacy Policy, we advise that you read it carefully.

Submissions

Bump welcomes your input and suggestions. Any correspondence you send to Bump (including, but not limited to, feedback, data, questions, comments, suggestions, or the like) will be deemed to be the property of Bump. You hereby assign all of your worldwide rights, title and interest in such correspondence to Bump. Bump will be free to use any idea, concept, know-how or technique contained in such correspondence for any purpose whatsoever (including, but not limited to, developing, manufacturing and marketing products which incorporate or otherwise rely upon the information contained in such correspondence). By sending Bump any correspondence, you warrant that Bump may publish such information, use it as part of its operations, and incorporate its concepts into any of its products without liability.

Intellectual Property

All Content is the property of Bump or its suppliers/licensors, and is protected by intellectual property laws; all rights therein are reserved.

Soul Beautiful is a registered trade marks of Bump. You may not use any Content or any of Bump’s trade marks without first obtaining the express, written consent of Bump. Unless explicitly stated herein, nothing in these terms of use is to be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.

All other trade marks, company names and logos not owned by Bump that appear on the Website are the property of their respective owners.

License and Website Access

If you do not comply with these terms of use, Bump has the right to block your access to the Website (or any part thereof, and/or terminate and delete your user account (if applicable),) without notice to you. Bump is not liable to you, or to any third party, for any loss that results from the blocking of your access to the Website (or any part thereof).

In its sole discretion and without prior notice or liability, Bump may discontinue, modify or alter any aspect of the Website, including, but not limited to, restricting: the time the Website is available; the amount of use permitted; and/or, any user's right to use the Website.

You must maintain the confidentiality of your account and your password. You are responsible for all activities associated with your account. You must immediately notify Bump at customerservice@soulbeautiful.ca of any unauthorized use of your password or account, or any other breach of security.

DISCLAIMER

THE WEBSITE, AND ALL CONTENT THEREIN, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BUMP, AND ITS AFFILIATES, AGENTS AND/OR SUPPLIERS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES, EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. BUMP DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE RESULTING FROM, ARISING OUT OF, OR ANY WAY RELATED TO:

  1. ANY ERRORS IN OR OMISSIONS FROM THE CONTENT (INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS);
  2. ANY THIRD PARTY WEBSITES OR THIRD PARTY APPLICATIONS, SOFTWARE AND/OR CONTENT, DIRECTLY OR INDIRECTLY, ACCESSED THROUGH HYPERLINKS ON THE WEBSITE (INCLUDING ANY ERRORS IN OR OMISSIONS THEREFROM);
  3. THE UNAVAILABILITY OF THE WEBSITE, OR ANY PORTION THEREOF; OR,
  4. PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS, INTERNET ACCESS PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, OR ANY COMBINATION THEREOF (INCLUDING ANY INJURY OR DAMAGE TO YOUR, OR ANY OTHER PERSON'S, COMPUTER AS A RESULT OF USING THE WEBSITE).
  5. ALL WARRANTIES, TERMS AND CONDITIONS, EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE, ARE EXCLUDED TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS. BUMP DOES NOT REPRESENT OR WARRANT THAT ANY CONTENT IS ACCURATE, COMPLETE, RELIABLE, TIMELY, CURRENT, ERROR-FREE, OR OTHERWISE RELIABLE, OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AS A VISITOR TO THE WEBSITE, ANY RELIANCE ON OR USE BY YOU OF ANY CONTENT IS ENTIRELY AT YOUR OWN RISK.

    ALTHOUGH THE WEBSITE USES ENCRYPTION SECURITY, THERE IS NO GUARANTEE THAT PERSONAL INFORMATION AND TRANSACTIONS ON THIS WEBSITE, OR ON THE INTERNET GENERALLY, IS OR WILL BE CONFIDENTIAL AND SECURE. THE USE OF THIS WEBSITE AND THE CONTENT IS AT YOUR OWN RISK AND BUMP ASSUMES NO LIABILITY OR RESPONSIBILITY PERTAINING TO THE CONTENT, YOUR USE OF THE WEBSITE OR THE RECEIPT, STORAGE, TRANSMISSION OR OTHER USE OF YOUR PERSONAL INFORMATION.

    IN NO EVENT WILL BUMP, OR ITS AFFILIATES, AGENTS AND/OR SUPPLIERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES, BE LIABLE TO YOU, OR ANY OTHER PARTY, FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE WEBSITE. FURTHERMORE, BUMP WILL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, LEGAL FEES OR COURT COSTS) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE, OR ANY CONTENT CONTAINED THEREIN, REGARDLESS OF WHETHER ANY OF THE FOREGOING IS DETERMINED TO CONSTITUTE A FUNDAMENTAL BREACH OR FAILURE OF ESSENTIAL PURPOSE.

    TO THE EXTENT THIS LIMITATION ON LIABILITY IS PROHIBITED, BUMP’S SOLE OBLIGATION TO YOU FOR DAMAGES IS LIMITED TO $50.00 (CAD).

    Goods

    Bump attempts to describe all Goods as accurately as possible. However, Bump does not warrant that product descriptions or other Content on the Website are accurate, complete, reliable, current, or error-free.

    Any Goods which you purchase through the Website are subject to all terms and conditions relating to such purchase provided to you from time to time (including, but not limited to, all terms and conditions posted during checkout and all terms and conditions delivered to you, in any manner or form, in connection with any Goods purchased).

    Consent to Electronic Communications

    You agree that any legal requirement that agreements, notices, disclosures and/or other communications be in writing is satisfied by Bump providing you with such communications in electronic form.

    Representations and Warranties

    By accessing the Website, you warrant to Bump that you:

    • are 18 years of age, or older;
    • are not barred from visiting the Website or purchasing the Goods under the laws of the jurisdiction in which you are located; and,
    • will provide true, accurate, current and complete information about yourself as prompted in any order form on the Website.

    Indemnification

    To the maximum extent permitted by applicable law, you will defend, indemnify and hold harmless Bump, and its directors, officers, employees, consultants and agents (in each case), from and against all claims, liability, and expenses (including, but not limited to, all legal fees or court costs) arising out of your breach of any provision of these terms of use.

    Unlawful Activity

    Bump reserves the right to investigate complaints or reported violations of these terms of use and to take any action it deems appropriate (including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties, and disclosing any information necessary or appropriate to such persons or entities relating to your email address, usage history, posted materials, IP addresses, and traffic information).

    Force Majeure

    In addition to the applicable disclaimers stated above, Bump’s performance under these terms of use is excused in the event of interruption and/or delay due to, or resulting from, causes beyond its reasonable control (including, but not limited to, acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, flood, earthquake, explosion, embargo, acts of terrorism, power failure, equipment failure, postal service strike, industrial or labour disputes or controversies, acts of any third party provider(s), third party software, or communication method interruptions).

    Governing Law

    The agreement hereby is deemed to have been formed in the City of Toronto, in the Province of Ontario. As such, the laws of the Province of Ontario, without regard to conflict of laws principles, exclusively govern both these terms of use and any dispute that might arise: between you and Bump; in respect of the Goods; or, in respect of the Website. You expressly consent to the exclusive forum, jurisdiction, and venue of the courts of the Province of Ontario, sitting in the City of Toronto, and/or the Federal Court of Canada in the Province of Ontario, or any other judicial district or jurisdiction as Bump may determine, in any and all actions, disputes, or controversies relating thereto.

     

    Miscellaneous Terms

    No waiver by either Bump or you of any breach or default hereunder is a waiver of any preceding or subsequent breach or default, unless otherwise expressly provided.

    If any provision contained herein is determined to be void, invalid, or otherwise enforceable by a court of competent jurisdiction, such determination will not affect the remaining provisions contained herein.

    These terms of use, Bump’s Privacy Policy, and any other notices or amendments posted on the Website constitute the entire agreement between you and Bump with respect to the use of the Website and the Content.