Terms and Condtions Agreement
Prepared for: Bumby Wool Inc
5-7895 49th Ave Red Deer AB T4P2B4 Canada
403 352 1576
Terms and Conditions
- Terms and Conditions
Last updated: July 23, 2021
These Terms and Conditions (“Terms“, “Terms and Conditions“) govern your relationship with Bumby Wool Inc website and Products (the “Service”) operated by Bumby Wool Inc (“us“, “we“, or “our“).
Your access to and use of the Service is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service provided.
By accessing or using the Service you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these terms and conditions, in whole or in part, please do not use the Service.
If you wish to purchase any product or service made available through the Service (“Purchase“), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping 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 that (ii) the information you supply to us is true, correct and complete.
By submitting such information, you 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 certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected. We will not be held responsible or liable for any failure for the Purchase to complete, or any resulting loss or damages to you.
- Availability, Errors and Inaccuracies
In order to provide exceptional service, and accuracy, we regularly update the products and services on the Service.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Despite our best efforts, the products or services available on our Service may have an error regarding the price, be inaccurately described, or be unavailable.
We may experience delays in updating information on the Service and in our advertising on other websites.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
We reserve all rights to block or remove communications or materials that we determine to be: (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark or, other intellectual property right of another or; (d) offensive or otherwise unacceptable to us in our sole discretion.
You acknowledge that, by providing you with the ability to view and distribute user-generated content on the Service, we are merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Service.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
- Intellectual Property
The Service and all contents, including but not limited to text, images, graphics or code are the property of Bumby Wool Inc and are protected by copyright, trademarks, database and other intellectual property rights. You may display and copy, download or print portions of the material from the different areas of the Service only for your own non-commercial use, or to place an order with Bumby Wool Inc . Any other use is strictly prohibited and may violate copyright, trademark and other laws. These Terms do not grant you a license to use any trademark of Bumby Wool Inc or its affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Service.
- Links To Other Web Sites
The Service may contain links to third-party web sites or services that are not owned or controlled by Bumby Wool Inc.
Bumby Wool Inc has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Bumby Wool Inc shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms.
All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
You agree to indemnify, defend and hold harmless Bumby Wool Inc , its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, losses, obligations, costs, actions or demands.
These include but are not limited to: (a) legal and accounting fees resulting from your use of the Service; (b) your breach of any of these Terms; (c) anything you post on or upload to the Service; and (d) any activity related to your account. This includes any negligent or illegal conduct by you, any person or entity accessing the Service using your account whether such access is obtained via fraudulent or illegal means.
- Limitation Of Liability
Bumby Wool Inc, its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (i) your access to or use of the Service; (ii) your inability to access or use the Service; (iii) any conduct or content of any third-party on or related to the Service; (iiv) any content obtained from or through the Service; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
- Disclaimer And Non-Waiver of Rights
Bumby Wool Inc makes no guarantees, representations or warranties of any kind as regards the website and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the laws of any province in Canada. In such cases, the provincial law shall apply to the extent necessary.
Bumby Wool Inc and its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
If you breach any of these Terms and Bumby Wool Inc chooses not to immediately act, or chooses not to act at all, Bumby Wool Inc will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. Bumby Wool Inc does not waive any of its rights. Bumby Wool Inc shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
As set out, above, some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. Laws of Alberta may apply to certain products and services provided.
- Governing Law
These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of Alberta and the laws of Canada, as applicable.
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements, oral or otherwise, regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.
- Contact Us
If you have any questions about these Terms, please contact us.
(A) Customer Reviews has skill, knowledge and expertise in the collation, presentation and analysis of consumer feedback, market research and reputation management, particularly in relation to businesses with a strong online presence.
(B) The Client operates a business in which customer email addresses are held and linked to a sale or other business transaction. Customer Reviews provides a plugin for collection of reviews and operates a website on which feedback can be displayed through which customers interact with the Client.
1 Consumer Details
1.1 Bumby will provide us with the Consumer Details for all relevant transactions within a period of one month of the transaction date.
1.2 Bumby will ensure that the Consumer Details are accurate and error free as far as is reasonably possible.
1.3 Customer Revews will use the Consumer Details to send one email only asking for Feedback. They will not make further contact with any Consumer except:
1.3.1. with the previous written consent of Bumby and/or the Consumer;
1.3.2. where details of that Consumer have been provided to Customer Reviews by a third party;
1.3.3. as required by law or by any court, tribunal or administrative body of competent jurisdiction; and/or
1.3.4. to inform the Consumer of a response you have made to his/her comments; and/or
1.3.5. for the purpose of satisfying our obligations under these Terms and Conditions.
All company names, brands and other company trademarks and the website belongs to either Customer Reviews or third parties and can only be used for business purposes after a preceding permission from us or third parties respectively. Rights to our free use of contributions are nontransferable, without time limit and with no territorial limits towards us, upon sending the contribution to us. The website’s content cannot be copied and displayed anywhere else on the internet.
Customers shall indemnify Customer Reviews against any loss or damage suffered or incurred by Customer Reviews as a result of any third-party claim (including any claim or allegation by any governmental authority) that:
(a) the use of any content provided by Customer infringes the intellectual property rights of a third party and/or violates applicable law or the Guidelines;
(b) Customer Reviews use of Consumer data in accordance with this Agreement is in breach of the Data Protection Requirements or any other applicable laws related to data privacy; or
(c) any email message sent or caused to be sent by Customer Reviews on behalf Customer violates any applicable law, rule or regulation.
Customer shall not bring any claim against Customer Reviews arising from or related to any User Content, including without limitation, any claim that the User Content is defamatory, offensive or otherwise harmful. Customer shall indemnify Customer Reviews against any loss or damage suffered or incurred by Customer Reviews as a result of any such claim, whether such claim is brought by Customer, any of Customer’s affiliates, or any of its or their officers, directors, employees, contractors, agents, shareholders, or other associated third parties.
4 Limitation of Liability
4.1 Neither party excludes any Loss in respect of personal injury or death, fraudulent misrepresentation or any other Loss that may not be lawfully excluded or limited under English law.
4.2 Neither party shall be liable for any loss of profits or revenues, loss of business opportunity, loss of goodwill or reputation, loss of data or any indirect, consequential or special Loss whatsoever.
5 Personal Information
Our processing of personal data is carried out according to the law of personal data. Users can contact us if they request information about what data that are processed about them or if they wish to have the information deleted or rectified. Furthermore, registered users can at any time withdraw their consent, which can happen by contacting firstname.lastname@example.org. Withdrawal of consent will be considered as a request to be deleted as a user altogether.
We have initiated a number of technical and organizational arrangements to ensure that personal information that is being processed does not delete, disappear, deteriorate or gets into the hands of unauthorized parties.
Client agrees to comply with its obligations under EU Data Protection Directives as a data controller and any other legislation and/or binding regulations implementing or made pursuant to them (“Data Protection Requirements”).
When enabling the Review Collection Services, the Client is – in accordance with the Data Protection Requirements – regarded as a Data Controller of the Consumers’ personal data, which is provided to Customer Reviews. When Client uses the Review Collection Services Customer Reviews is regarded as the data processor. This entails that Customer Reviews shall only act by instructions from Client in regard to the provided personal data about the Consumers. It is the sole responsibility of Client to provide such instructions to Customer Reviews. Customer Reviews shall make the necessary security measures to comply with the obligations of a data processor, including ensuring that the information is not (i) accidentally or unlawfully destroyed, (ii) lost, altered or damaged, (iii) disclosed to or accessed by any unauthorized person, (iv) misused or (v) in other ways treated in violation of the Data Protection Requirements. On Client’s request, Customer Reviews will, in line with and to the extent provided for in the Data Protection Requirements, supply Client with sufficient information for Client to assure that the above-mentioned technical and organizational security measures have been made. All data collected and processed about Consumers after a verified copy of a review is published on Customer Reviews website (www.cusrev.com) are processed by Customer Reviews as a data controller.
Customer Reviews is not responsible for and assumes no liability for the Consumers’ conduct on or use of the Customer Reviews Service, including the content published by the Consumers (such content, “User Content”). Customer Reviews does not and cannot control or monitor the User Content and Customer Reviews does not endorse any User Content, nor does the opinions expressed in the User Content represent the opinions of Customer Reviews, its affiliates, or any of its or their officers, directors, employees, contractors or shareholders.
The Agreement shall not be regarded as an approval, endorsement or recommendation of Client, Client’s products or services by Customer Reviews. Client may not market itself or by other way give public declarations in conflict with the above.
Client’s use of the Customer Reviews Service must at all times comply with all applicable laws, rules and regulations. Client warrants to Customer Reviews that its use of the Customer Reviews Service will in no way cause Customer Reviews to violate any applicable laws, rules or regulations or to violate the privacy rights of any third party.
When writing a review your name and/or email address will still be visible to the company being reviewed via the client dashboard even if it is set to publish anonymously.
Personal information of customers who were invited to write a review but did not do it after three months from the date of the invitation will be automatically deleted from Customer Reviews database.
Customer Reviews does not produce or publish contributions on the website. Customer Reviews cannot be held accountable for the reviews and comments made on the website. If you would like to remove or discuss an issue with the website, please email email@example.com.
Customer Reviews accepts no responsibility for the accuracy or completeness of contributions published by registered users on the website, including contributions of technical, external or any other cause may be changed or deleted in connection with the publication on the website or the following.
Customer Reviews does not read through or edit contribution added to the website and can in no way be held responsible for the content of these contributions. Should the contributions contain links to third parties, Customer Reviews will accept no responsibility for the contents of the link in question.
Customer Reviews recommendations and reference to concrete companies, e-shops, etc. is only guiding and Customer Reviews can in no way be held responsible if the guiding recommendation turns out to be incorrect, misleading or similar.
Customer Reviews can in no case be made to compensate for use of the website or code, including loss of revenue, working loss, market interruptions, loss of goodwill or similar losses. Furthermore, Customer Reviews cannot be made to pay compensation or similar as a result of errors or downtime.
Customer Reviews reserves the right to revise these terms at any time, as well as the right to close the website as a result of own assessment and without warning.
We reserve the right to delete reviews that are solicited from external websites.
Reviews solicited outside of the Customer Reviews ecosystem may be flagged and moderated.