Terms and conditions of use

WEBSITE TERMS AND CONDITIONS

 

General

 

This website (the “Site”) is operated by andraga design inc. (“Andraga”). Access to and use of the Site are subject to our Terms and Conditions set out below (collectively, the “Terms and Conditions”). Please read these Terms and Conditions carefully before accessing and using the Site as they contain the legal terms that govern your use of the all of Andraga’s websites.

Your use and/or continued access to the Site constitutes your agreement to the Terms and Conditions. If you do not agree to be bound by the Terms and Conditions, you are not authorized to access or use this Site. Andraga reserves the right to change these Terms and Conditions from time to time. Your continued use of the Site following the posting of any changes to the Terms and Conditions constitutes your acceptance of these changes. 

 

Intellectual Property

 

Andraga hereby authorizes you to copy materials published by it on this Site for your personal, non-commercial use only, provided any copy of these materials which you make shall retain all copyright and other proprietary notices and any disclaimer contained thereon and on this Site.  Except as specifically authorized herein, you may not use, copy, distribute, modify, transmit, revise, reverse engineer, republish, translate, sell, exploit, post or create derivative works of the contents of this Site, in whole or in part, without Andraga’s prior written permission. Andraga retains all copyright and other proprietary rights in the contents of this Site.

Andraga claims no ownership in, nor any affiliation with, any third-party trademarks appearing on this Site, and such third-party trademarks are used only to identify the products and services of their respective owners.  No sponsorship or endorsement on the part of Andraga should be inferred from the use of these trademarks. You are not permitted to use the trademarks displayed on this Site without the prior written consent of Andraga or the third party that owns such trademarks.

Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any copyright, trademark, patent or other intellectual property right of Andraga, its affiliates, related companies or any third party.

 

Links to Third Party Websites

 

This Site may contain links to third party websites which are not under the control of Andraga.  These Terms and Conditions do not apply to those websites. You agree that, if you choose to enter such a linked site, that Andraga is not responsible for the availability of such websites and does not review or endorse such websites and shall not be liable, directly or indirectly, for: (i) how these websites treat your personal information; (ii) the content of such websites, including any advertising, products, goods or other materials or services available from such websites; and (iii) the use that others make of these websites.

Your linking to a third party website is entirely at your own risk and subject to the terms and conditions of such websites, and we strongly advise you to review those terms and conditions.

 

Privacy and Collection of Personal Information

  

Andraga collects, uses and discloses personal information for the following purposes: to provide retail services and process purchases; to understand the requirements of our customers; to deliver relevant user content; and to meet regulatory requirements. Andraga collects only the minimum amount of information required to meet these purposes. Andraga will not disclose personal information for purposes other than those identified above. Andraga does not sell, rent or disclose your personal information to any third party without your consent unless required or authorized by law. If you have a privacy-related question, please contact our Privacy Officer at: contact@andragadesign.com.

  

Conduct on Site 

 

Your use of the Site is subject to all applicable laws and regulations, and you are solely responsible for the use of the Site and the substance of your communications through the Site. You agree not to: (i) interfere with use of the Site by others; (ii) transmit any viruses or any code of a destructive nature; (iii) post or transmit material for advertising or commercial purposes; (iv) post or transmit any unlawful, threatening, libelous, defamatory, obscene, pornographic or profane material or any material that constitutes or encourages criminal conduct or that violates any law.  Andraga reserves the right to take any steps it deems necessary to prevent or restrain any unauthorized or prohibited access or use of this Site, including without limitation, taking legal action, or suspending or terminating your access to the Site without notice.

 

Purchases

 

If you wish to purchase any product or service made available through the Site ("Purchase"), you may be asked to supply certain information relevant to your Purchase, including your credit card number and expiration date, your billing address, and your shipping information.  By providing such information, you represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and (ii) the information you supply is accurate and complete.  By providing such information, you also grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.  We reserve the right to refuse or cancel your order at any time for reasons including product or service availability, errors in the description or price of the product or service, errors in your order, suspected fraud or an unauthorised or illegal transaction, or other reasons.  Andraga will not be held responsible or liable for any failure for the Purchase to complete, or any resulting loss or damages to you.

 

Accounts

When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms and Conditions, which may result in immediate termination of your account on our Site.  You are responsible for safeguarding and not disclosing to any third party the password that you use for your account, and you must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

 

Disclaimer of Warranties

 

THE CONTENTS ON THIS SITE ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT ANY OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING. ANDRAGA ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION OR OTHER DOCUMENTS WHICH ARE REFERENCED BY OR LINKED TO THIS SITE. ANDRAGA MAKES NO WARRANTIES OR REPRESENTATIONS, WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SUITABILITY, FOR ANY PURPOSE, OF THE CONTENTS OF THIS SITE, YOUR USE OF THIS SITE, OR YOUR USE OF THE CONTENTS OF ANY SITE LINKED TO THIS SITE. WITHOUT LIMITING THE FOREGOING, ANDRAGA MAKES NO REPRESENTATION OR WARRANTY REGARDING THE ACCURACY, COMPLETENESS, CORRECTNESS OR TIMELINESS OF ANY CLAIMS, STATEMENTS OR INFORMATION ON THIS SITE OR ANY SITE TO WHICH IT IS OR CAN BE LINKED.

 

ANDRAGA DOES NOT WARRANT, REPRESENT OR GUARANTEE THAT THE SITE WILL BE COMPATIBLE WITH YOUR COMPUTER OPERATING SYSTEM, OR WILL OPERATE ERROR-FREE, WITHOUT INTERRUPTIONS, OR WILL BE FREE FROM VIRUSES OR OTHER CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU USE THE SITE AT YOUR OWN RISK AND YOU ARE RESPONSIBLE FOR ALL CONSEQUENCES, HOWEVER REMOTE, RESULTING FROM YOUR USE OF THE SITE OR THE INFORMATION CONTAINED ON THE SITE. THE FOREGOING EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW PROHIBITS THE EXCLUSION OF IMPLIED WARRANTIES.

 

ANDRAGA DOES NOT WARRANT, REPRESENT OR GUARANTEE THAT THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

 

THIS SITE COULD INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED MADE TO THE INFORMATION HEREIN, INCLUDING TO THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED; HOWEVER, INFORMATION ON THE SITE MAY BE OUT OF DATE AND ANDRAGA RESERVES THE RIGHT TO UPDATE AND APPLY CHANGES AT ANY TIME WITHOUT NOTICE.

 

Limitation of Liability

 

ANDRAGA, ITS AFFILIATES, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, CONTRACTORS, SUBCONTRACTORS OR AGENTS OF THE FOREGOING, SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT, OR ANY OTHER LEGAL THEORY, INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WRONGFUL DEATH, BUSINESS INTERRUPTION AND WHETHER RESULTING FROM THE USE OR INABILITY OF USE OF ANY CONTENTS OF THIS SITE (OR A SITE LINKED TO THIS SITE), OR ANY OTHER CAUSE AND EVEN IF CAUSED BY THE NEGLIGENCE OF ANDRAGA OR ITS AFFILIATES, OR IF ANDRAGA OR ITS AUTHORIZED REPRESENTATIVE HAVE BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING, OR BOTH.

FURTHER, ANDRAGA SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.

 

THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW PROHIBITS THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, THE TOTAL LIABILITY OF ANDRAGA, ITS AFFILIATES AND ANY OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, CONTRACTORS, SUBCONTRACTORS OR AGENTS OF THE FOREGOING TO YOU HEREUNDER SHALL NOT EXCEED YOUR ONLINE CHARGES FOR ACCESSING THIS SITE.

 

Indemnification

 

You agree to indemnify, defend, and hold harmless Andraga, its affiliates, officers, directors, representatives, employees, agents, contractors, subcontractors, licensors, licensees, suppliers, including all third parties mentioned on the Site, from and against any and all claims, losses, damages, obligations, actions or demands, including reasonable legal and accounting fees, resulting from or related to: (a) your breach of these Terms and Conditions; (b) your access to, use of or reliance upon the Site, its content, or any other information or materials on or from the Site; (c) your infringement or misappropriation of any intellectual property, personal or privacy rights of any person; or (d) any activity related to your account. This includes any negligent or illegal conduct by you or any other person or entity accessing the Site using your account whether such access is obtained via fraudulent or illegal means.

 

Governing Law/Entire Agreement

 

These Terms and Conditions shall be governed by and construed in accordance with the laws of Alberta, Canada, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or in connection with these Terms and Conditions or the websites shall be filed only in the provincial or federal courts located in Alberta, Canada and you hereby submit to the nonexclusive jurisdiction of such courts. These Terms and Conditions constitute the entire agreement between you and Andraga regarding your use of and access to the Site, and supersede and replace any prior agreements, oral or otherwise, regarding the Site.

 

Contact us

 

Questions, comments and requests regarding these Terms and Conditions should be directed to: contact@andragadesign.com.