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Website Terms of Use
KRAZYKILEYS.CA WEBSITE TERMS OF USE AGREEMENT
Last updated on March 1st 2010
Krazy Kiley's Inc. (hereinafter "Krazy Kiley's") makes this website (hereinafter "krazykileys.ca") accessible for your entertainment, information, as well as your personal and legitimate purchases.
Please read this agreement carefully. It governs your use of the krazykileys.ca Website. By using this site, which is located at the following address: krazykileys.ca, you agree to the following terms of use. If you do not agree to any of the terms and conditions, please do not use the site.
Ownership and Authorized use of this website
Krazy Kiley's Inc. owns this Website and operates it under licence. All content, data, graphics, photos, images, sounds, videos, software applications, trademarks, service marks, trade names, and other information (collectively, "content") appearing on this Website are the exclusive property of Krazy Kiley's, members of its group or third parties granting licences, or both. The content is protected under international laws on copyrights and trademarks.
Website terms of use
You are authorized to use this Website if you are a Canadian resident, at least 18 years of age, and have the legal capacity to enter into a contract under applicable laws. Krazy Kiley's reserves the right to request proof of your identity and age to ensure the security of certain transactions. Krazy Kiley's only delivers to addresses in Canada. No deliveries will be made to post office boxes.
This Website is made available to you solely for your lawful and personal use. You are only authorized to use this Website for the purposes expressly described herein and subject to applicable laws. The use of this Website for any other purposes or in any other manner is strictly prohibited.
You may print pages from the Website on condition that you do not modify them and do not delete or alter any identification, mark, notice or disclaimer of responsibility, whether visible or not. You may not copy, imitate, reproduce, republish, download, display, transmit, modify, index, catalog, make a mirror image copy or to distribute, in any way, shape or form, the Website, in whole or in part, without the express written consent of Krazy Kiley's. The use of any software to operate or supply the Website is prohibited, unless you use the Website in accordance with this agreement.
Acceptance of this agreement
Each time you use the Website, you confirm that you accept, and that each person that you claim to represent accepts, to be bound, without limit or reservation, by this agreement, and you declare and warrant that you have the legal authority to accept this agreement in your name and in the name of all persons you claim to represent. If you do not accept all provisions of this agreement, if you are not authorized to accept this agreement, or if you do not have the legal authority to accept this agreement in the name of any person or persons you claim to represent, you are not authorized to access or use this website. This Website is for practical and information purposes only and is not intended to provide opinions or recommendations, nor be deemed an offer to sell any product or service.
Changes to this agreement
Krazy Kiley's reserves the right, at its sole discretion, to modify, add or delete portions of this term of use agreement at any time. Please check if there have been any changes to these terms of use on a regular basis. By using this Website regularly after changes to these terms of use are posted, you confirm your acceptance to be bound by them. You may not modify the current agreement in any way.
Product availability, prices, misprints and errors
Krazy Kiley's endeavours to provide current and accurate information on its Website. However, it is possible that misprints, typographical errors, omissions, errors, inaccuracies (including inaccurate product specifications) or other errors will occur from time to time. Krazy Kiley's cannot guarantee that the products and services advertised on the Website will be available at the time of ordering or thereafter. Krazy Kiley's does not guarantee that the content of the Website, including but without limiting the generality of the foregoing, the product descriptions, prices and product photos are exact or complete.
Krazy Kiley's reserves the right to:
- Correct any error, inaccuracy or omission, without prior notice or liability to you or any other person;
- Change the products and services advertised on the Website, the prices, fees, charges, descriptions of products and services, any promotional offers and any other element of the Website content, without prior notice or liability to you or any other person;
- Reject, correct, cancel or terminate any order, including accepted orders, for any reason and
- Limit the quantities of products and services available for sale or sold.
Publicity and advertising on the Website are invitations to you to make offers to purchase products and services and are not offers to sell. All prices and other amounts appearing on the Website are quoted in Canadian dollars.
Linking, framing, mirroring, scraping and data-mining
Creating links to the Website without the express written consent of Krazy Kiley's is strictly prohibited. To request permission to create a link to the Website, please contact us by e-mail at the following address: webmaster@krazykileys.ca. Krazy Kiley's reserves the right to cancel and revoke any authorization intending to create a link with the Website at any time, without any notice or liability to you or any other person. Framing, mirroring, scraping or data-mining of the Website or any of its content in any form and by any method are strictly prohibited.
User accounts, passwords and security
Certain functions or services of the Website are accessible only to users who have opened a user account and created a password (collectively, the “Codes”). For the purposes of accessing the Website, the Codes remain the property of Krazy Kiley's and may be cancelled or suspended at any time by Krazy Kiley's at its sole discretion without prior notice or liability to you or any other person.
Krazy Kiley's is under no obligation to verify the true identity or authority of a person who uses the Codes in order to access and use the Website. Krazy Kiley's may act upon any information provided by way of these Codes. Krazy Kiley's may, at its sole discretion and at any time, demand proof of identity of any person seeking to access and use the Website, and may deny access and use of the Website in whole or in part, or refuse to accept or act upon any correspondence if Krazy Kiley's is not satisfied with such proof of identity.
YOU ARE FULLY RESPONSIBLE:
- for the security of the Codes and for any and all use and misuse of these Codes;
- you will keep the Codes secure and confidential at all times and will not disclose these Codes to any other person or allow any other person to use them;
- you will ensure that all use of Codes is compliant with this agreement;
- once you have logged on to the Website using the Codes, you may not leave the computer terminal used to access the Website without having ended your session and logged off the Website; and
- you will immediately contact Krazy Kiley's by telephone at 1-855-244-1300 or by e-mail at: krazy.kileys@sasktel.net if you know or suspect that your Codes have been lost, stolen, are known or used by another person.
Contests
Krazy Kiley's may organize contests for its Website users and customers. All contests are governed by this agreement and the applicable contest rules. By participating in a contest through the Website, you signify your acceptance of this agreement and the applicable contest rules.
Personal information
Any information you provide through our Website, including registration information (name and e-mail address), payment information (credit card numbers and expiry dates) and information on the transaction must be valid, accurate and up to date. Krazy Kiley's relies on the information you provide. You will be held solely responsible for any loss, damage and additional costs that you, Krazy Kiley's, or any other person may incur for providing false, inaccurate or incomplete information, or for not updating information regarding your registration or payment within thirty (30) days of making a change of any kind.
Disclaimer, exclusions, limitations of liability and right of cancellation
- DISCLAIMER
Krazy Kiley's does not promise that the website, its contents, services or functions will be uninterrupted or error-free, or that faults or defects will be corrected and makes no guarantee of any specific result from use of this website. Your access and use of this website is entirely at your own risk. The website is provided "as is" and “as available” and without representation, warranty or condition of any kind, either express or implied and, including but not limited to the generality of the foregoing, warranties as to the accuracy, accessibility, fitness for a particular purpose, merchantability, performance or durability to the fullest extent permissible under applicable law. - LIMITATIONS OF LIABILITY
Krazy Kiley's and its suppliers will not, under any circumstances, be liable to you or any other person for any loss and/or damages due to this agreement, including but not limited to the generality of the foregoing, loss of data, business, markets, income, savings, profits, use, production, reputation or goodwill, anticipated or otherwise (whether in contract, tort or any other theory of law or equity) attributable or related to the use of the website by you or another person, notwithstanding the fact that Krazy Kiley's or its suppliers may have been advised of the possibility of such loss or damages being incurred. - STATUTORY EXCLUSION IN SOME JURIDICTIONS
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may apply to you. - RIGHT OF CANCELLATION
Notwithstanding any other provision in the agreement, Krazy Kiley's may, at its sole discretion, change, cease, limit, suspend or cancel the website, in whole or in part, without prior notice or liability to you or any other person. Krazy Kiley's may, at its sole discretion and for practical purposes, cancel on a temporary or permanent basis this agreement or your authorization to access and use the website at any time without prior notice and without liability to you or any other person. If this agreement or your authorization to access or use the website, in whole or in part, is cancelled for any reason, this agreement and any other agreement in effect at the time between you and Krazy Kiley's will continue to apply and be binding upon your access and previous use of the website and any other related matter.
Confidentiality of personal information
Krazy Kiley's may gather, use and disclose your personal information in accordance with its Privacy Policy available on its Website. Krazy Kiley's may modify this policy at its sole discretion, without prior notice and without liability to you or any other person by adopting a revised Privacy Policy accessible through its Website. By accepting this agreement and each time you use the Website, you consent to having Krazy Kiley's gather, use and disclose your personal information in accordance with its Privacy Policy in effect at the time. Furthermore, by using this Website, you acknowledge and agree that the transmission of information via the Internet is not always completely private and secure. You understand that any message or information sent to the Website may be read or intercepted by others, even if a special notice states that the transmission is encrypted.
Other sites and links
The Website may include links or references to other websites operated by other persons (collectively, "Other Sites"). Other Sites are independent of Krazy Kiley's, and Krazy Kiley's has no responsibility or control over Other Sites or their activities, products, services or content. Links to Other Sites are provided solely for your convenience. You should exercise your judgment with respect to your interaction with these other links.
Jurisdiction
This Website is controlled and operated by the Website owner located in Saskatchewan, Canada. The Website owner makes no representation as to the relevance or availability of elements that appear on the Website for use in other locations. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with local laws to the extent that they apply.
Applicable law
This agreement, your access to and use of the Website, and all related matters are governed by the laws of Saskatchewan, Canada and the federal laws of Canada. Any dispute between you and Krazy Kiley's or any other person arising from or relating to the Website or this agreement or any related matters (collectively "Disputes") will be resolved before the Courts of Saskatchewan, sitting in the City of Saskatoon, Saskatchewan, Canada and you irrevocably submit to the exclusive jurisdiction of those courts in respect of all Disputes.
If any provision of this agreement is held illegal, null or inapplicable for any reason, that provision will be deemed dropped from this agreement and the remaining provisions will remain in effect and fully enforceable.
The parties have expressly requested that this agreement and all other related documents be drawn up in the French language. Les parties reconnaissent expressément que cette convention et tous les documents qui s'y rapportent soient rédigés en français.
Krazy Kiley's reserves all rights not expressly granted herein.
Krazy Kiley's can be reached by phone, e-mail or regular mail:
Krazy Kiley's Regina
2220 Dewdney ave.
Regina, Saskatchewan
S4R 1H3, Canada
Tel: 306-352-6677
Email: krazy.kileys@sasktel.net
Krazy Kiley's Saskatoon
108 avenue d.s.
Saskatoon, Saskatchewan
S7M 1P7, Canada
Tel: 306-244-1300
Email: krazykileys@sasktel.net
