Terms and Conditions
INFORMATION ABOUT US
Welcome to Cazillion Cards. The web site store.cazillioncards.com (our “Site”) is owned and operated by Trade Up Distributions Inc. (the “Company” or “we”), which is a Canadian federally incorporated company with offices at: 220 Guthrie Avenue, Dorval, QC, Canada H9P-2S9 (doing business under the trade name of Cazillion Cards). If you would like more information about how to contact us, click the ‘Contact Us’ tab.
ACCEPTANCE OF TERMS AND CONDITIONS
CHANGES TO TERMS AND CONDITIONS
ACCESSING OUR SITE
We will not be liable if for any reason our Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Site, or our entire Site. We have the right to terminate your access to the Site if we determine that you have failed to comply with any of the provisions of these Terms and Conditions. You are solely responsible for keeping confidential any password you may be granted or that you have created on your own to access our Site. We advise you not to share your password, payment methods or any other information associated with our Site or your account with anyone.
USE OF OUR SITE
By accessing our Site you agree to use our Site, including all features and functionalities associated therewith and all content and software associated therewith, in accordance with all applicable laws, rules and regulations. In addition, the following restrictions apply to your use of our Site:
a. You shall not use our Site to knowingly transmit any data; send, upload, post, e-mail or otherwise send or transmit any material that contains software viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other malicious or harmful programs or similar computer code designed to attack our Site (via a denial-of-service attack or a distributed denial-of service attack); or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with our Site;
b. You shall not interfere with the servers or networks connected to any portions of our Site or to violate any of the procedures, policies or regulations of networks connected to our Site;
c. You shall not impersonate any other person while using our Site, conduct yourself in a vulgar or offensive manner while using our Site, or use our Site in any unlawful or fraudulent manner, for any unlawful or fraudulent purpose;
d. You shall not attempt to gain unauthorized access to our Site, the server on which our Site is stored or any server, computer, or database connected to our Site;
e. You shall not use our Site to send, knowingly receive, upload, download, use or reuse any material which does not comply with all relevant provisions of these Terms and Conditions; and
f. You shall not use our Site to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).
We are the owner of all intellectual property rights in and to our Site. The material on our Site is protected by trademark and copyright law; you may not copy, reproduce, distribute or otherwise use any materials contained on our Site. Cazillion Cards is a trademark of Trade Up Distributions Inc. You have no right to use and may not use for any purpose whatsoever our trademarks, trade names or corporate logo.
Intellectual property rights related to Products featured for sale on our Site are owned by the respective companies named in the copyright and/or trademark notices on the specific Product. Please note carefully that Cazillion Cards is an independent reseller of branded products and is not affiliated with the owners of those brands. Cazillion Cards is not responsible for compliance by purchasers with laws governing the importation of branded products into countries outside Canada. Cazillion Cards disclaims any liability arising from the resale of branded products by purchasers in countries where such resale is prohibited by applicable trademark laws.
If applicable, commentary, testimonials, reviews, and other materials related to Products themselves are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Site, or by anyone who may be informed of any of its contents. Any of the material on our Site may be out of date at any given time, and we are under no obligation to update such material.
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, LIABILITY OR CERTAIN DAMAGES OR LIMITATION OF REPRESENTATIONS MADE CONCERNING GOODS OR SERVICES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
(a) Disclaimers of Warranties and Limitations on Liability
EXCEPT AS OTHERWISE PROVIDED ON OUR SITE, OUR SITE, ITS CONTENTS AND ANY PRODUCTS FEATURED FOR SALE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND AND ON OUR OWN BEHALF AND ON BEHALF OF OUR AFFILIATES AND SUPPLIERS, TO THE EXTENT ALLOWABLE BY LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
OUR LIABILITY FOR LOSSES OR DAMAGES YOU SUFFER IN CONNECTION WITH YOUR USE OF OUR WEBSITE, THE PURCHASE OF ANY PRODUCT, WHATEVER THE BASIS OF YOUR CLAIM (EG. BREACH OF CONTRACT, DELICT OR TORT) IS STRICTLY LIMITED TO THE PURCHASE PRICE OF THE PRODUCT YOU PURCHASED.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE COMPANY, ANY PARENT CORPORATION, ITS AFFILIATES, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS ARISING FROM: (i) YOUR ACCESS TO AND USE OF THE SITE, INCLUDING ANY PURCHASES MADE ; (ii) YOUR VIOLATION OF ANY TERM OF THESE TERMS AND CONDITIONS; (iii) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, TRADEMARK, PROPERTY, OR PRIVACY RIGHT; OR (iv) ANY CLAIM THAT ANY RESPONSE SUBMITTED BY YOU CAUSES DAMAGE TO A THIRD PARTY.
If we fail, at any time, to insist upon strict performance of any obligations under a purchase contract ( a “Contract”) or any of these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract or these Terms and Conditions, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default.
Please refer to our Purchase Terms to learn more about our pricing, shipping and return policies.
RESTRICTIONS ON ORDERING PRODUCTS
a. We reserve the right to withdraw or amend in our sole and absolute discretion any Product we provide on our Site without notice.
b. Some restrictions are placed on the extent to which we accept orders for Products from specific countries. We reserve the sole and absolute discretion in deciding which countries we will accept orders from and ship product to. Please contact us for more information in the event that you have been notified of an unaccepted order due to this country restriction.
c. You must be 18 years of age or older to place an order on our Site. In certain jurisdictions, the age of majority may be older than 18, in which case you must satisfy that age requirement. Individuals under the age of 18 may only place an order on our Site with the involvement of a parent or legal guardian, on whose account the purchase will be made, subject to these Terms and Conditions.
Our obligations related to a Contract shall be extended by a reasonable period of time if such performance is impeded by an unforeseeable event beyond our reasonable control, which shall include but not be limited to acts of God, industrial actions, riots, terrorist acts, wars, embargo or requisition (acts of government), hereinafter referred to as “Force Majeure”.
If any of these Terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful, or unenforceable to any extent, such term, condition, or provision will to that extent be severed from the remaining terms, conditions, and provisions which will continue to be valid to the fullest extent permitted by law.
LAW AND JURISDICTION
These terms and any contracts for the purchase of Products on our Site shall be governed in all respects by the laws of Quebec and the laws of Canada applicable therein. You agree that any claim or action you take in connection therewith shall be filed in and remain with the Courts of the Province of Quebec and you agree to submit to the jurisdiction of the Courts of the Province of Quebec.