Terms & Conditions:

 

Disclaimer and User Agreement:

This website is owned and operated by Cuisivin. By accessing/using the website, its social media platforms or by purchasing or using products and/or services offered by Cuisivin through this website, you acknowledge you do so at your own risk. Although efforts are made to ensure that the website is current and contains no errors or inaccuracies, Cuisivin makes no representations, warranties, or guarantees that the information, content or materials included in this website will be error-free or completely accurate or current at all times, or at any time.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service. By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of Cuisivin. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

These Terms and Conditions are subject to change by Cuisivin at any time at its sole discretion. Any changes will be effective upon the posting of the revisions on this website. Please consult these Terms and Conditions regularly. If you continue to use this website after the revised Terms and Conditions have been posted, you will be deemed to have agreed to them.

Website Content
All website Content, including but not limited to all text, design, graphics, photographs, pictures, logos, video, service marks, codes and software, and all organization and presentation of such Content, is subject to all proprietary rights provided under intellectual property law including without restriction patent, copyright, trademark, and trade secret laws. All Content is the exclusive property of Cuisivin and/or its vendors/partners, which permits you to access, download, and print Content provided that it is for your personal, non-commercial use. Use of any such Content, except as expressly authorized herein, shall constitute a violation of the rights of the owner of the property Cuisivin and its vendors.

You shall not modify the Content, reproduce, publicly display, perform, distribute or otherwise use the Content for any public or commercial purposes in whole or in part, in any form or by any means whatsoever. You shall not permit, allow or do anything that would infringe or otherwise prejudice the intellectual property rights of Cuisivin or its Vendors. Any use of the Content on any other website, electronic device or networked computer environment for any purpose, and any framing of any trade-mark, logo, or other proprietary information (including Content) of Cuisivin, is prohibited. For greater certainty, the foregoing license does not include or permit any resale or commercial use of the website or its contents; any collection and use of any product listings, descriptions, prices for commercial benefit; or any use of data mining, robots, or similar data-gathering and extraction tools.

Your Feedback to Us
You assign all rights, title and interest in any Feedback You provide Cuisivin. If for any reason such assignment is ineffective, You agree to grant Cuisivin a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and licence to use, reproduce, disclose, sub-licence, distribute, modify and exploit such Feedback without restriction.

Indemnification
Your ability to use, or not use, this website is done so at your own risk. You agree to defend, indemnify and hold harmless Cuisivin, affiliates and its Vendors, and each of their respective directors, officers, employees, agents and representatives from and against all claims, liability, losses, damages, expenses, and costs, arising out of your use of this website or your breach of the Terms and Conditions to the maximum extent permitted by applicable law.

All rights not expressly granted to you in these Terms and Conditions are reserved and retained by Cuisivin, its Vendors, or other Content providers.

Translation Disclaimer
The Content on this Website and its web pages may have been translated if we have made them available to You for your convenience. The translation may be imprecise and inaccurate in whole or in part as it is offered by a “machine translation”. You agree that the original English text shall prevail in the case of a dispute. You assume all risk, liability, and responsibility for any translation offered through a translated web page. While reasonable efforts are made to provide a translation, no liability and no responsibility are assumed by Cuisivin for any errors, omissions, or ambiguities in the translations. In no event is either Cuisivin, affiliates, and associated parties, liable for any loss or damages whatsoever arising out of your use of the translation of the website or the content thereof, including direct, indirect, incidental, consequential or punitive damages.

Online Shopping & Pricing
All prices displayed on our Canadian website are quoted and processed in Canadian Dollars and are valid in Canada only. All prices displayed in American Dollars are quoted and processed in American Dollars, and valid for USA and all other countries. Cuisivin continually updates its product and service offerings on this website. Cuisivin reserves the right to revise and/or discontinue such offerings at any time. Prices which may be displayed or advertised on the website or through any other electronic communications from Cuisivin do not include shipping fees and applicable sales tax, import/export duties and fees, and are subject to change without notice at Cuisivin’s sole discretion. All prices on this website are subject to confirmation. Though every attempt is made to ensure pricing accuracy, it is possible that a product or service displayed or advertised on the website may be incorrect. If an item’s correct price is higher than the listed price, Cuisivin will inform you by email or by telephone. If you do not respond (within a week) with your agreement to continue with the purchase at the correct price, your order will be cancelled automatically.

Merchandise that is sold as Clearance or Discontinued are final sale and cannot be returned or exchanged.

Misprints and errors, product availability and shipping delays, prices and orders
Cuisivin endeavors to provide current and accurate information on the Web Site. Nevertheless, misprints or other errors may occur. Accordingly, Cuisivin reserves the right to change the prices, fees and charges regarding the goods and services available through the Web Site at any time and from time to time without any notice or liability to you or any other person. Also, Cuisivin cannot guarantee that goods or services advertised on the Web Site will be available when ordered or thereafter, nor can shipping delays be guaranteed.

Illegal Use of Website and Social Media platform is Prohibited
You shall not use Cuisivin’s website, social media platforms, blog site or Content to post, transmit, upload, distribute or publish any content that is libelous, seditious, defamatory, blasphemous, fraudulent, invasive of another’s privacy, tortious, obscene, pornographic, abusive, infringing or otherwise illegal, as determined at the sole discretion of Cuisivin. You agree to comply with all applicable local, provincial, states, federal and international laws, regulations and treaties while using this website and its social media platforms, and agree to comply with generally accepted Internet standards. It is prohibited to use the website to harass, threaten, abuse, embarrass, or cause distress, unwanted attention, or discomfort to any person or entity. This prohibition extends to any comment or conduct that is vulgar, hateful, racially or ethnically offensive, or otherwise objectionable. Furthermore, any message or conduct that is repeated after warning or notification is given that such conduct is unwelcome constitutes harassment.

Postings and unsolicited submissions
You may not use technologies in connection with your use of the Web Sites / social media platform or to post comments, communications, advertisements or any other data of any kind to or on the Web Site with intention that such postings may be viewed by other users of the Web Site or its social media platforms. This will be construed as harassment.

Linking and framing the Web Site
Links to the Web Site without the express written permission of Cuisivin are strictly prohibited. To request permission to link to the Web Site, please contact info@cuisivin.com. Cuisivin reserves the right to cancel and revoke any permission it may give to link to the Web Site at any time, for any reason, without any notice, and without any liability to you or any other person. The framing of the Web Site or any of its content in any form and by any method is strictly prohibited.

Privacy
Cuisivin collects, uses, and discloses your personal information in accordance with the Privacy Policy, which is available here. Cuisivin may change the Privacy Policy from time to time in its sole discretion. By accepting this Agreement, and each time you use the Web Site, you consent to Cuisivin’s collection, use and disclosure of your personal information in accordance with the Privacy Policy, as it then exists without any further notice or any liability to you or any other person.

Information submissions
All information you provide through the Web Site, including registration information (name and email address), payment information (credit card numbers and expiration dates), and transaction-related information, must be true, accurate, current and complete. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, Cuisivin or any other person may incur as a result of your submission of any false, incorrect or incomplete information. Cuisivin may require a copy of a government-issued form of identification before making any changes to your registration information.

Colors
Cuisivin attempts to display the colors of the product shown on this Internet Site as accurately as possible. Otherwise, we cannot guarantee that the colour you see is exactly the product color, as the display of color depends, in part, upon the type of computer monitor used by you.

Login names and passwords
Web Site accounts may be accessed only by use of a unique login name and password. The use of a password does not restrict access by Cuisivin and its Providers to the password-protected information. Login names and passwords may not be shared. 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 Cuisivin representative. Also, passwords must be non-obvious, hard-to-guess, confidential and changed on a regular basis, and you must log-out at the end of each session.

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. You must ensure that all uses of your login name and password comply with this Agreement.

You must immediately notify Cuisivin 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.

All login names and passwords remain the property of Cuisivin, and may be cancelled or suspended at any time by Cuisivin without any notice or liability to you or any other person. Cuisivin is not under any obligation to verify the actual identity or authority of the user of any login name or password.

You must respond promptly to all email and other correspondence from Cuisivin, including without limitation email and correspondence concerning complaints or concerns regarding your use of your login name or password or your use of the Web Site.

The security and privacy provided by passwords is not complete, and can be circumvented. Your use of passwords is at your own risk.

Contests
From time-to-time Cuisivin may make contests available to users of the Web Site and others. All contests are governed by this Agreement and the applicable Contest Rules. By participating in a contest through the Web Site, you signify your agreement and acceptance of this Agreement and the applicable Contest Rules.

Termination
You acknowledge and agree that Cuisivin, in its sole discretion, may suspend or terminate your use of, or access to, the website without notice to you, should Cuisivin find you are in violation of any of these Terms & Conditions. Cuisivin shall not be liable to you as a result of any such suspension or termination.

Severability

In the event any provision of this Agreement is found by any court to be void or otherwise unenforceable, then that provision shall be deemed to be severed from the rest of this Agreement and shall not affect the validity and enforceability of any remaining provisions. The provisions of this Agreement will ensure to the benefit of and be binding upon each of Cuisivin and its Providers and each of their respective successors and assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives. You may not assign this Agreement or your rights and obligations under this Agreement without the express prior written consent of Cuisivin, which may be withheld in Cuisivin’s sole discretion. Cuisivin may assign this Agreement and its rights and obligations under this agreement without your consent.

No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.

You and Cuisivin are independent contractors, and no agency, partnership, joint venture, employment or franchise relationship is intended or created by this Agreement or your use of the Web Site.

The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language. Any rights not expressly granted by this Agreement are reserved to Cuisivin.

This Agreement is subject to change without notice.

Liability exclusion, liability limitation, release and indemnity

Cuisivin strives to make your use of the Web Site a useful and enjoyable experience, and a safe and easy way to purchase goods over the Internet. Nevertheless, Cuisivin and its service providers (the ‘Providers’) do not accept any liability for your use of the Web Site. For that reason, the following provisions apply to your use of the Web Site:

  • Disclaimer

    Your use of the Web Site is at your own risk. The Web Site is provided on an ‘As Is’ and ‘As Available’ basis, and without any representations, warranties or conditions of any kind, whether express or implied, and including without limitation implied warranties of merchantability, fitness for a particular purpose, performance or durability, all of which are hereby disclaimed by Cuisivin and the providers to the fullest extent permitted by law.

    The operation of the website may be affected by numerous factors beyond the company’s control. Cuisivin cannot guarantee the continuous, uninterrupted operation of the website or the absence of security and privacy risks that have not yet been eliminated.

    Cuisivin is under no obligations to verify the identity of users of the Web Site. Through your use of the Web Site, you may have the opportunity to engage in commercial transaction with other persons. All such transactions are at your own risk. Cuisivin is not a party to any such transactions and disclaims any and all liability regarding all such transactions.

    Without limiting the generality of the foregoing, Cuisivin and its providers make no representation, warranty or condition that:

    • The Web Site will be compatible with your computer and related equipment and software;
    • The Web Site will be available or will function without interruption or will be free of errors or that any errors will be corrected;
    • The information available on or through the Web Site will be accurate, complete, sequential, or timely;
    • Certain or any results may be obtained through the use of the Web Site;
    • The use of the web site, including the browsing and downloading of any information, will be free of viruses, Trojan horses, worms or other destructive or disruptive components;
    • The use of the Web Site will not infringe the rights (including intellectual property rights) of any person, and Cuisivin and its providers disclaim any and all liability regarding such matters to the fullest extent permitted by law.
  • Liability Exclusion

    Cuisivin and its providers will not under any circumstances be liable to you or any other person for any loss of use, loss of production, loss of income or profit (anticipated or otherwise), loss of markets, economic loss, special, indirect or consequential loss or damage or punitive damage, whether in contact, tort or under any other theory of lay or equity, arising from, connected with, or relating to the used the Web Site by you or any other person, and regardless of any negligence or other fault or wrongdoing by Cuisivin or any provider or any person for whom Cuisivin or its providers are responsible, and notwithstanding that Cuisivin or its providers may have been advised of the possibility of such loss or damages being incurred by you or any other person.

  • Liability limitation

    In no event will Cuisivin’s, or any of its provider’s, total liability to you or any other person for any claims, proceedings, liabilities, obligations, damages, losses, and costs, whether in contact, tort or under any other theory of law or equity, and regardless of any negligence or other fault or wrongdoing by Cuisivin or any person for whom Cuisivin is responsible, exceed $25 (CDN) or the amount you paid to Cuisivin for the use of the Web Site whichever is less.

  • Release

    You hereby release, remise and forever discharge each of Cuisivin and its providers and all of their respective agents, directors, officers, employees, information providers, service providers, suppliers, licensors and licensees and all other related, associated, or connected persons from any and all manner of rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and disbursements of any nature and king whatsoever and however arising, whether known or unknown, which now or hereafter exist, which arise from, relate to, or are connected with your use of the Web Site.

  • Indemnity

    You agree to indemnify, defend and hold harmless each of Cuisivin and its providers and all of their respective agents, directors, officers, employees, information providers, service providers, suppliers, licensors and licensees, and all other related, associated, or connected persons (collectively, the “indemnified parties”) from and against any and all liabilities, expenses and costs, including without limitation reasonable legal fees and expenses, incurred by the indemnified parties in connection with any claim or demand arising out of, related to or connected with your use of the Web Site or you breach of this agreement, you will assist and co-operate as fully as reasonable required by the indemnified parties in the defense of any such claim or demand.

    Advice and information provided by Cuisivin or its representatives, whether oral or written, will not create any representation, warranty or condition or vary or amend this agreement, including the above disclaimer, liability exclusion, liability limitation, release and indemnity provisions, and you may not rely upon any such advice or information.

    The exclusion of certain warranties and the limitation of certain liabilities are prohibited by legislation in some jurisdictions. Such legislative limitations may apply to you. The disclaimer, liability exclusion, liability limitation, release, and indemnity provisions in this Agreement survive indefinitely after the termination of this Agreement.

Governing law and dispute resolution

The Web Site is controlled by Cuisivin from Ontario, Canada. This Agreement, your use of the Web Site, and all related matters are governed solely by the laws of the Province of Ontario, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws, which would lead to the application of any other laws.

Any dispute between Cuisivin and you or any other person arising from, connected with or relating to the Web Site, this Agreement or any related matters must be resolved before the Courts of Ontario and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those Courts in respect of any such dispute or matter.

Any claim or cause of action you may have arising from, connected with, or relating to your use of the Web Site, this Agreement, or any related matters must be commenced in a court of competent jurisdiction in the Province of Ontario, Canada within three (3) months after the claim or cause of action arises, after which time the claim or cause of action is forever barred, regardless of any statute or law to the contrary.

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