Baycrest

Baycrest eStore Terms of Service

This agreement governs your purchase of products from Baycrest Centre for Geriatric Care using this website.  Read it carefully.  No other terms apply.  By placing an order to purchase a product you are agreeing to these terms.  If you do not agree to these terms, do not place your order.

Any new features or tools which are added to the current store shall be subject to these terms.  You can review the most current version of the terms at any time on this page.  We reserve the right to update, change or replace any part of these terms by posting updates and/or changes to our website.  It is your responsibility to check this page periodically for such changes.  Your continued use of or access to this website following the posting of any changes constitutes your acceptance of such changes.

Nothing contained in this site, and no product or information provided in connection with any product, should be used as a substitute for professional medical advice, diagnosis or treatment.  Nothing contained in this site constitutes medical advice, diagnosis or treatment.  Users of this site should always seek the advice of a physician or other qualified health care practitioner with any questions regarding personal health or medical conditions.

OVERVIEW  

This website is operated and hosted by Shopify Inc. (“Shopify”). Baycrest Centre for Geriatric Care (“Baycrest”) is using Shopify as an online e-commerce platform provider to allow Baycrest to sell Baycrest products to you.  Throughout the site, the terms “we”, “us” and “our” refer to Baycrest.  Baycrest offers all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated below.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

We do not guarantee, represent or warrant that your use of our Service or access to the website will be continuous, uninterrupted, timely, secure or error-free, and you acknowledge that operation of this site may be interfered with by numerous factors outside of our control.

 

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least 18 years of age (or, if applicable, meet any higher age requirement representing the age of majority in the jurisdiction in which you reside) and that you possess the legal right and ability to agree to these Terms of Service and to use this site in accordance with these provisions.  .

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of these Terms of Service will result in an immediate termination of your use of and access to the Service.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse the Service to anyone for any reason at any time, in our sole discretion.  All orders place by customers shall be subject to acceptance by Baycrest.  Placement of an order by a customer or receipt of an order confirmation for either from Baycrest does not constitute acceptance by Baycrest.  Acceptance by Baycrest occurs when Baycrest issues a confirmation of delivery to you. 

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.  For more information regarding our security practices, see our Privacy Statement.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms of Service.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this site is at your own risk.  Baycrest is not responsible for typographical or other errors, including pricing errors, and reserves the right to cancel any orders resulting from such errors.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Return Policy.

SECTION 7 - THIRD-PARTY LINKS

This site may contain links to other websites.  Such links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.  When leaving this site you may be subject to legal terms and conditions and privacy policies of other websites.  Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.  The provision of a link to other websites is for convenience only and does not constitute an endorsement by Baycrest.

SECTION 8 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Statement.

SECTION 9 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 10 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using this site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate in any way;(f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 11 - DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

We do not warrant that the results that may be obtained from the use of the Service will be accurate, reliable or meet your requirements. 

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. For clarity, you expressly agree that use of this site, including all content, data and products distributed by, downloaded or accessed from or through the site is at your sole risk and you understand and agree that you will be solely responsible for any damages, including, but not limited to, any damages to you, third parties, or to your computer system, or arising due to any loss of data, that results from any access to the site or the use of any product made available through the site.

The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided on an 'as is' and an 'as available' basis for your use, without any representation, warranties or conditions of any kind, either express or implied. To the fullest extent permitted pursuant to applicable law, Baycrest and its affiliates disclaim all warranties of any kind,  whether express or implied,  including without limitation any warranty of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement in respect of all products and this site.

Baycrest assumes not responsibility for any damages suffered by you or any third party including, but not limited to, loss of data from delays, nondeliveries of products, site content, system down time, misdeliveries of products or email, network or system outages, file corruption, or service interruptions regardless of the cause.  No advice or information, whether oral or written, obtained by you from Baycrest or through this site shall create any representation or warranty.  Because some states or jurisdictions do not allow the exclusion or the limitation of certain warranties or conditions, in such states or jurisdictions, some of the above exclusions may not apply to you.

In no case shall Baycrest, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use or misuse of (or inability to use) the Service or this site or any products procured using the Service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 12 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Baycrest, its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 13 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 14 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.  We may, in our sole discretion, terminate your access to this website, or any portion thereof, without notice.  Such action is in addition to, and not in lieu or limitation of, any other right or remedy we may have available at law.  We shall not be liable to you or any third party for any such termination or discontinuance.

SECTION 15 - ENTIRE AGREEMENT

These Terms of Service and any policies, statements or operating rules posted by us on this website or in respect of the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 16 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, exclusive of its choice of law or conflict of law provisions.  You agree that this Agreement is performed in the Province of Ontario.  If any claim or action by you involving Baycrest relates to this agreement, this website or any product purchased on this website, you irrevocably agree to submit to the exclusive jurisdiction of the courts of the Province of Ontario, Canada. 

If any of the provisions of these Terms of Service are held to be unenforceable by a court or tribunal of competent jurisdiction, then such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect.

These Terms of Service may not be modified, in whole or in part, except as described elsewhere in these Terms of Service.

SECTION 17 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of such changes.

SECTION 18 – COPYRIGHT & TRADEMARKS

Copyright for all content found on this website is held by Baycrest or its licensors.  Please also consult individual material for relevant copyright information and notices.  Access to the site or purchase of a product does not constitute a license or a right to use Baycrest’s trademarks or those owned by any other party.  All rights are reserved.

SECTION 19 - CONTACT INFORMATION

If you have any questions or comments about these Terms of Service, you may contact us here.