General Policies

WWW.SHOPHAIDAGWAII.CA

Terms of Use

These Terms and Conditions of Use are dated July 4th,  2022.

Welcome to Shop Haida Gwaii. The following terms and conditions, together with any documents or additional terms, conditions or policies referred to herein or available by hyperlink, including the Terms of Sale [below], and Privacy Policy [https://shophaidagwaii.ca/pages/privacy-policy] (collectively, the “Terms”) apply to your use of the website, shophaidagwaii.ca, and all its subdomains as well as mobile applications, owned, operated or maintained by Misty Isles Economic Development Society (doing business as “Shop Haida Gwaii”) (“MIEDS”, “we”, “us”) and any content, functionality, and services available on or through such websites (collectively, the “Site”). 

By accessing any part of the Site, you agree to be bound by these Terms. If you do not accept and abide by these Terms, you should not access or use the Site.

Any new content, functionality or services which are added to the Site will also be subject to these Terms. We reserve the right to modify or amend these Terms without notice at any time. As such, it is important that you read these Terms on a regular basis so that you are aware of any such changes.

By using this Site, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with MIEDS. If you do not meet these requirements, you must not access or use the Site.

About us

MIEDS dba Shop Haida Gwaii, offers Haida Gwaii-based artists, makers and product-based businesses to offer their products directly to customers through the Site.

Our address is 138 Bay Street | Po Box 652 Queen Charlotte BC, V0T 1S0. You can contact us by mail at the above address, by email at shop@gohaidagwaii.ca or by telephone at 250.559.8050.


General Disclaimer and Limitation of Liability

WE HAVE MADE ALL REASONABLE EFFORTS TO PROVIDE ACCURATE INFORMATION ON THIS SITE. HOWEVER, WE CANNOT AND DO NOT GUARANTEE, REPRESENT OR WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, VALIDITY, STABILITY AND AVAILABILITY OF THE INFORMATION CONTAINED HEREIN (INCLUDING ANY TEXT, GRAPHICS, MATERIALS, LINKS, EXPLANATIONS OR OTHER ITEMS IN THE CONTENT CONTAINED WITHIN THIS SITE). EXCEPT IF YOU LIVE IN QUEBEC, ALL WARRANTIES AND REPRESENTATIONS ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. ALL CONTENT AND SERVICES PROVIDED ON OR THROUGH THE SITE ARE PROVIDED ON AS “AS IS” BASIS. 

WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED OR THAT THE SITE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING OR OTHER HARMFUL COMPONENTS OR SECURITY INTRUSIONS, AND WE DISCLAIM ANY LIABILITY RELATING THERETO.

USE OF THE SITE IS SOLELY AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL LIABILITY (HOWSOEVER ARISING) IN CONNECTION WITH ANY LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH ACCESS TO, THE USE OF, OR THE INABILITY TO USE, ALL OR ANY PART OF THE SITE OR ITS CONTENT, OR ANY ACTION TAKEN (OR REFRAINED FROM BEING TAKEN) AS A RESULT OF USING ANY OF THE FOREGOING.

NEITHER WE NOR ANY OF OUR AFFILIATES, AGENTS, CONTRACTORS AND SUBCONTRACTORS SHALL BE LIABLE FOR ANY CLAIM FOR DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER LOSSES OR DAMAGES OF WHATEVER KIND ARISING OUT OF ACCESS TO, THE USE OF, OR THE INABILITY TO USE ALL OR ANY PART OF THE SITE OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Protection of Visitors’ Privacy 

We respect the privacy of all visitors to the Site. We do not actively collect your personal information, except where you provide such information in the course of using the Site. By submitting personal information to MIEDS, you acknowledge and agree that you have consented to the collection, use and disclosure of that personal information as specified on any collection form. The general policies of MIEDS with respect to the collection, use and disclosure of personal information are reflected in MIEDS’ privacy policy, found at [https://shophaidagwaii.ca/pages/privacy-policy] (the “Privacy Policy”) and any questions in that regard may be directed to MIEDS’ privacy contact at shop@gohaidagwaii.ca. Should MIEDS change its Privacy Policy, the revised policy will be posted prominently on the Site, or it will be otherwise brought to your attention.

We may automatically collect visitors’ non-personal information such as the type of internet browser or the website from which visitors linked to the Site. Visitors cannot be identified from such information and it is only used to assist us in providing effective services on the Site. We may from time to time supply third parties with this non-personal or aggregated data for use in connection with the Site.

Registering for an account

To register for an account on the site, you must provide us with your personal information, including your name, email address, and password. It is a condition of your use of the Site that all the information you provide on the Site is accurate, current and complete. Your user name and password are for your personal use only. To ensure that your user name and password remain confidential, DO NOT share this information with anyone. You are responsible for maintaining the confidentiality of your account information and for restricting access to your computer or mobile device, and you agree to accept responsibility for all activities that occur under your account.  Remember to choose a strong password, including numbers, capital letters, special characters, etc., and is not typically found in a dictionary.  In the event your password is lost or stolen it is your responsibility to notify us as soon as possible.

MIEDS may, in its sole discretion, at any time, for any reason, deactivate, block, or freeze your account.

Purchase of Goods through the Site

All orders, purchases or transactions for the sale of goods made using this Site are subject to the Terms of Sale [Below].

Intellectual Property

All content on the Site (including, without limitation, the design, text, html code, multimedia clips, graphics, icons, java code, audio, visual materials, trademarks, service marks, logos, slogans and internet domain names), and any selection or arrangement thereof, is the exclusive property of MIEDS or its licensors and is protected by international copyright, trademark, service marks, patents, or other proprietary rights and laws (the “Intellectual Property”).

MIEDS or its licensors shall retain all rights, title, ownership and interests in the Site’s content and any Intellectual Property rights therein. Except as expressly provided, nothing in these Terms or within the Site shall be construed as granting any license under any of the Intellectual Property rights, whether by implication, waiver, estoppel or otherwise. You are expressly prohibited from copying, transferring, reproducing, storing, uploading, distributing, publishing or using, in whole or in part, any of the Site’s content or Intellectual Property appearing on the Site without the prior written consent of MIEDS or any third party owner of the Site’s content or Intellectual Property. We will take the appropriate legal action necessary to enforce our rights respecting any prohibited use of any Site content or Intellectual Property appearing on the Site.

Certain words, phrases, names, designs or logos used on the Site (collectively, the “Marks”), and any links from the Site may constitute trademarks, service marks or trade names of MIEDS, used under license by MIEDS or other entities. The display of any such Marks does not imply that a license has been granted to your by MIEDS or other entities. The Marks may not be distributed, modified, transmitted, re-posted or used for public or commercial purposes without the prior written permission of MIEDS. The Marks include, without limitation, the name “MIEDS” and its logo. 

By using the Site, you acknowledge that the unauthorized use of the materials contained on the Site may cause irreparable harm to MIEDS and that in the event of any unauthorized use, MIEDS shall be entitled to an injunction, in addition to any other remedies available at law or in equity, to prevent such irreparable harm and that the balance of convenience in preventing such use rests with MIEDS.

Limited License

Subject to the terms and conditions of this Agreement, you are hereby granted a limited, non-transferable, and non-exclusive license to access, view and use the Site and its content for your personal, non-commercial use in Canada only. You are granted the right to download, store and/or print single copies of items comprising the content for your personal, non-commercial use, provided that you maintain all copyright and other notices contained in such content. You may not otherwise copy and/or report items comprising the content online. You must also abide by any additional requirements governing the use of any specific content that may be set out in the Site. In the event of a conflict between the term of a specific license governing specific content and these Terms, the terms of the specific licence shall govern.

Links to Third Party Websites

As a convenience, we may provide links to websites owned and operated by third parties and not controlled or maintained by us (“Third Party Sites”). Any such links are included solely for your convenience. No endorsement of any third party products, services or information is expressed or implied by any information, material or content of any third party contained in, referred to, included on, or linked from or to the Site. Any information, data, opinions, recommendations, products or services provided by such Third Party Sites are solely those of such third parties and not of us or our affiliates. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of Third Party Sites.   

You acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any harm or damage or loss caused or alleged by or in connection with your use of or reliance on any such content, goods, or services available on or through any Third Party Sites. We strongly advise you to read the terms and conditions and privacy policies of any Third Party Sites that you visit. 

User Conduct


Linking to the Site

While MIEDS encourages links to the Site, it does not wish to be linked to or from any Third Party Sites which contain, post or transmit any unlawful or indecent information of any kind, including without limitation: (i) any content constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable laws, or which may be damaging or detrimental to the activities, operations, credibility or integrity of MIEDS or (ii) any websites which contain, post or transmit any material or information of any kind which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or infringes any copyright, trademark or other proprietary rights. MIEDS reserves the right to prohibit or refuse to accept any link to the Site, including without limitation any link which contains or makes available any content or information of the foregoing nature, at any time. You agree to remove any link you may have to the Site upon our request.

Prohibited Conduct

You agree not to:

  1. interfere with the security of, or otherwise abuse, the Site, system resources, accounts, servers or networks connected to or accessible through the Site;
  2. sell, license, rent, reuse, adapt, publish, frame, post, upload, broadcast, copy, modify or attempt to modify the Site’s content in any way, or reproduce or publicly display, perform, transmit, distribute or otherwise use the Site’s content for any public or commercial purpose, without our express written authorization;
  3. use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize or otherwise extract information from this Site or its content in whole or in part;
  4. use or attempt to use any information about any person named or appearing on the Site without the prior written authorization of MIEDS;
  5. attempt to obtain unauthorized access to the Site or portions of the Site which are restricted from general access;
  6. access any content of the Site through any technology or means other than through the Site itself or explicitly authorized means permitted by MIEDS;
  7. mirror the Site or any of its content on any server without the express written permission of MIEDS; or
  8. use the Site for any commercial use, without the prior written authorization of MIEDS. Prohibited commercial uses include, but are not limited to, any of the following actions taken without MIEDS’ express approval;
    1. sale of access to the Site on another website; or
    2. use of the Site for the primary purpose of gaining advertising or subscription revenue.

Posting User Content

You may have the opportunity to post content on the Site, including, but not limited to, testimonial, feedback, and reviews (“User Content”). If you post content on the Site, you agree to comply with these Terms and acknowledge that any personal data you submit through such posting will be processed in accordance with our Privacy Policy [https://shophaidagwaii.ca/pages/privacy-policy], and these Terms (and you consent to this where required under applicable law). Please also note that other users of the Site will be able to see the User Content you upload. You acknowledge and agree that you are solely responsible for all User Content and the accuracy of all User Content you make available in connection with the Site. You represent and warrant that: 

  • You and not someone else composed and posted the User Content on the Site;
  • You own or otherwise control all of the rights to the User Content that you post on the Site;
  • You have the authority to grant the rights in such User Content; and
  • Such User Content, and the use of such User Content, will not violate these Terms. 

Right to Use User Content

You grant MIEDS an irrevocable, perpetual, sublicensable, transferable, non-exclusive, and royalty-free worldwide right and license to use, copy, modify, adapt, publish, transmit, perform, delete, translate, and create derivative works, incorporate and imbed into other works, and distribute, and display such User Content throughout the world in any medium or form now existing or later created. You also agree to the following: 

  • We may use the User Content for any purpose; 
  • We may use the User Content with or without any pseudo (pen) name credit and you hereby waive or, to the extent that a waiver is not permissible under the applicable law, undertake not to assert any moral or equivalent rights you may have in any jurisdiction in and to such User Content;
  • The reprint or use of the User Content will be at our discretion and without compensation; and 
  • We may use the User Content locally, nationally, or globally and such use may be made in any media, information or communication platform (including Internet advertising) currently in use or later developed. 

Right to Monitor User Content

MIEDS has the right, but not the obligation, in its sole discretion, at any time, for any reason, to monitor, analyze, edit, move, remove, or refuse to make available any User Content made available through the Site. MIEDS takes no responsibility and assumes no liability for any User Content you post, upload, or otherwise make available through your use of the Site. You are solely responsible for any User Content you post, upload, or otherwise make available through your use of the Site. You further acknowledge and agree that we do not authorize, condone or endorse any content of any other user, and are not responsible for the accuracy, legality or decency of such User Content.

Restrictions on User Content

MIEDS may, in its sole discretion, at any time, remove or deny User Content for any reason, including, but not limited to, when the User Content contains any of the following: 

  • Hyperlinks/URLs;
  • References to other stores/resellers;
  • Comments on products that were either physically damaged or misused;
  • Comparisons to competing brands/products of competing brands;
  • References to aftermarket procedures or installation techniques not mentioned specifically in the original product documentation; such as overclocking, hacked drivers, tweaking/modding, and etc.; or
  • Replies to existing customer reviews; please do not attempt to initiate discussions here.

Prohibited User Content

You are prohibited from posting content on the Site that is:   

  • Offensive or abusive;
  • Obscene, pornographic, or otherwise objectionable; 
  • Illegal; 
  • False, fraudulent, inaccurate, or misleading;
  • Derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any person or entity;
  • Violent or threatening, or promotes violence or actions that are threatening;
  • Infringing the rights of others, including, but not limited to patent, copyright, trademark, trade secret, trade dress, right of privacy, or any other proprietary right;
  • Intending to cause harm, damage, or otherwise interferes with the Site and our services;
  • Violating any of our policies; 
  • Violating any local, state, federal, or international laws;
  • Injurious to third parties; or
  • Contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages.

Security

Any information sent or received over the Internet is generally not secure. We cannot guarantee the security or confidentiality of any communication to or from the Site. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.

Modification to the Site

MIEDS reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice to you. We shall have no liability to you or any third party for any modifications, suspension or discontinuance of the Site or any part thereof.

Use Prohibited Where Contrary to Law

Use of this Site is unauthorized in any jurisdiction where the Site or any of its content may violate any laws or regulations. You agree not to access or use the Site in such jurisdictions. You agree that you are responsible for compliance with all applicable laws or regulations. Any contravention of this provision (or any provision of these Terms) is entirely at your own risk.

Indemnity

You agree to indemnify, defend and hold MIEDS harmless, and each of our directors, officers, employees, affiliates, agents, volunteers, contractors and licensors, to the greatest extent allowed by law, from and against any and all claims, damages, obligations, losses, liabilities, judgments, awards, costs or debt and expenses (including but not limited to reasonable attorneys’ fees), resulting from or arising out of: (a) your use and access to the Site and any content obtained from it; (b) breach of these Terms or the terms of any documents or websites they incorporate by reference; or (c) your violation of any law or the rights of any third party.

Governing Law

These Terms and any separate agreements whereby we provide services to you will be governed by and construed in accordance with the laws of the Province of British Columbia, Canada and the federal laws of Canada applicable therein, without regard to its conflict of law provisions. By using this website, you agree to the exclusive jurisdiction of the Courts of the Province of British Columbia for any claims, actions, or other legal proceedings arising from or related in any way to the Site. 

Waiver and Severability


Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain and continue in full force and effect.

 

Entire Agreement

These Terms constitute the entire agreement between you and us and govern your use of the Site, and supersede and replace any prior agreements we might have had between us regarding the Site, including but not limited to any prior versions of these Terms.

Termination

MIEDS may, in its sole discretion, cancel or terminate your right to use the Site or any part thereof, at any time without notice. In the event of termination, you are no longer authorized to access the Site, or part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to content downloaded from the Site and the disclaimers and limitations of liabilities set forth in these Terms shall survive termination of your right to use the Site or any part thereof. We shall not be liable to any party for such termination. 

Notice

Questions or comments regarding the Site should be directed by e-mail to: shop@gohaidagwaii.ca.


TERMS AND CONDITIONS OF SALE 

These Terms and Conditions of Sale are dated July 4th, 2022.

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, INDEMNIFICATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

These Terms and Conditions of Sale (these “Terms of Sale”) apply to the purchase and sale of products and services through the website, shophaidagwaii.ca (the "Site") and all its subdomains as well as mobile applications, owned, operated or maintained by Misty Isles Economic Development Society (doing business as “Shop Haida Gwaii”), (referred to as "MIEDS”, "us", "we", or "our" as the context may require). These Terms of Sale are subject to change without prior written notice at any time, in our sole discretion. Any changes to the Terms of Sale will be in effect as of the “Last Updated Date” referenced on this page. You should review these Terms of Sale prior to purchasing any product or services that are available through the Site. 

BY OBTAINING PRODUCTS OR SERVICES FROM THIS SITE OR BY CLICKING TO ACCEPT THESE TERMS OF SALE, AS THE CASE MAY BE, YOU: (1) ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS OF SALE, OUR PRIVACY POLICY (FOUND AT [INSERT LINK TO PRIVACY POLICY]), AND OUR SITE TERMS AND CONDITIONS OF USE (FOUND AT [INSERT LINK TO SITE TERMS AND CONDITIONS OF USE]), BOTH OF WHICH ARE INCORPORATED HEREIN BY REFERENCE; AND (2) REPRESENT AND WARRANT THAT YOU ARE THE LEGAL AGE OF MAJORITY UNDER APPLICABLE LAW TO FORM A BINDING CONTRACT WITH THE COMPANY. 

IF YOU: (1) DO NOT AGREE TO THESE TERMS OF SALE, THE PRIVACY POLICY OR THE SITE TERMS AND CONDITIONS OF USE; (2) ARE NOT THE AGE OF MAJORITY IN YOUR PROVINCE OR TERRITORY OF RESIDENCE; OR (3) ARE PROHIBITED FROM ACCESSING OR USING THIS SITE OR ANY OF THIS SITE’S CONTENTS, PRODUCTS OR SERVICES BY APPLICABLE LAW, THEN YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS SITE.


Order Acceptance

You agree that your order is an offer to buy, under these Terms of Sale, all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered. In the event we choose not to accept an order, at our sole discretion, we will provide you with written confirmation of the same and issue a refund for any monies paid to us. 

Pricing

All prices are displayed in the Canadian dollars. All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product will be the price advertised on this Site at the time the order is placed, subject to the terms of any promotions or discounts that may be applicable. The price charged will be clearly stated in your order confirmation email. Price increases will only apply to orders placed after the time of the increase. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total price and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information; however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

Payment 

Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept Visa, MasterCard and American Express debit and other credit cards” or “PayPal”)], for all purchases as offered to us via Stripe/Shopify Payment Processing. You represent and warrant that: (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.

Shipping

Currently, we only offer shipping within Canada. We will ship to locations within Canada deliverable by our carriers.

Shipping is provided by Canada Post and affiliated carriers. Other carriers may be used at any given time based on availability and timing requirements and at our sole discretion. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order. Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not responsible or liable for any delays in shipments.

All of the products sold on the Site are sold and shipped by third party sellers (“Marketplace Sellers”). Please see the Marketplace Seller’s page descriptions or product listing description to learn more about their individualized processing times. You will receive a notification from the Marketplace Seller when your order has shipped and tracking information to help you keep track of your order as it makes its way to you.

When your order has shipped, you will receive an email notification from which will include a tracking number you can use to check the status.

All Sales Are Final (No Returns, Refunds or Exchanges)


ALL SALES ARE FINAL. All sales of products and services through the Site are final and purchased items cannot be returned for exchange, credit or refund.

Complaints

If your order is damaged prior to receipt please contact MIEDS using our contact information listed below, providing: (1) a clear photo of the Product, as received by you; and (2) order number; and (3) tracking number.  MIEDS will provide such information to the Marketplace Seller.  Any exchange or refund is at the discretion of the Marketplace Seller.

Warranties

All of the products sold on the Site are sold and shipped by Marketplace Sellers. Moreover, we do not manufacture or control any of the products or services offered on our Site. The availability of products or services through our Site does not indicate an affiliation with or endorsement of any product or service nor do we warrant that the products listed on our Site are in stock or that there is sufficient inventory to fulfill your order. Accordingly, we do not provide any conditions or warranties with respect to the products or services offered on our Site.


EXCEPT IF YOU LIVE IN QUEBEC, ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OR CONDITION WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OR CONDITION: (A) OF MERCHANTABILITY; (B) OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

EXCEPT IF YOU LIVE IN QUEBEC, YOU ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY OR CONDITION CLAIMS OR FOR ANY DAMAGES ARISING OUT OF ANY THIRD PARTY’S OBLIGATION TO HONOR WARRANTY OBLIGATIONS TO YOU, AS APPLICABLE.


All purchases through our Site are incorporated into these Terms of Sale.

Goods Not For Resale or Export

You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within Canada. Women In Need Society reserves the right to refuse or cancel your order if Women In Need Society suspects you are purchasing for resale.


Limitation of Liability

MIEDS AND ITS DIRECTORS, MEMBERS, OFFICERS, EMPLOYEES AND VOLUNTEERS, WILL NOT BE LIABLE, WHETHER TOWARDS YOU OR A THIRD PARTY, FOR CLAIMS, LOSSES, COSTS, EXPENSES OR DAMAGES OF ANY KIND WHATSOVER, BE THEY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE, ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH YOUR RELATIONSHIP AND INTERACTIONS WITH MIEDS, YOUR USE OF ANY ITEMS PURCHASED FROM MIEDS, ANY BREACH OF THESE TERMS, THE SITE, ITS CONTENT, OR THE USE THEREOF OR ACCESS THERETO, EVEN IF MIEDS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. THE LIABILITY OF MIEDS TO YOU IN ANY CIRCUMSTANCE SHALL BE LIMITED TO THE ACTUAL PRICE PAID FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH THE SITE. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY LAW.


Indemnification

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS MIEDS AND ITS DIRECTORS, MEMBERS, OFFICERS, EMPLOYEES, VOLUNTEERS, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT OR INDIRECT DAMAGES), JUDGMENTS, AWARDS, LOSSES, COSTS, EXPENSES, OR FEES (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS' FEES) ARISING OUT OF OR RELATING TO YOUR BREACH OF THESE TERMS OF SALE, YOUR PURCHASE OF ANY PRODUCTS FROM MIEDS, OR YOUR USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS FILED BY OR ON BEHALF OF YOU, YOUR NEXT-OF-KIN, YOUR HEIRS OR YOUR ESTATE.


Consent to Transact Electronically and Commercial Electronic Messages

You expressly consent: (1) to only having an electronic record of these Terms of Sale available to you and agree that you may retain a physical copy by printing this webpage or document, as the case may be; (2) to transact electronically and acknowledge by using the Site or clicking “I Accept”, as the case may be, that you are agreeing to be bound by the terms of these Terms of Sale; and (3) to MIEDS contacting you by phone, email, text message or otherwise for the purpose of responding to any inquiries, orders, submissions or requests made by you on the Site. 

Applicable Law; Jurisdiction - not applicable to Quebec Customers

These Terms of Sale and any disputes arising under or related to these Terms of Sale will be governed by the laws in effect in the Province of British Columbia and the federal laws of Canada applicable therein, without reference to its conflicts of law principles. Any legal actions, suits or proceedings arising out of these Terms of Sale will be brought exclusively in the Province of British Columbia courts, as applicable, and MIEDS and you hereby irrevocably accept and submit to the personal jurisdiction of these Province of British Columbia courts with respect to any legal actions, suits or proceedings arising out of or relating to these Terms of Sale. MIEDS and you also waive to the fullest extent permitted by law any right to a trial by jury in any action, suit or proceeding brought to enforce, defend or interpret any right or remedies under, or arising in connection with or relating to, these Terms of Sale.


Entire Agreement 

The Terms of Sale, together with our Privacy Policy and the Site Terms and Conditions of Use, constitute the sole and entire agreement between you and the MIEDS regarding the subject matter hereof and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

Severability 

If any term or provision of these Terms of Sale is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms of Sale or invalidate or render unenforceable such term or provision in any other jurisdiction.

Waiver

No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms of Sale operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Notices

To You. We may provide any notice to you under these Terms of Sale by: (i) sending a message to the email address you provide to us and consent to us using; or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep the correspondence information you provide us current.

To MIEDS. To give us notice under these Terms of Sale, you must contact us by personal delivery or registered mail to:

Po Box 652
138 Bay Street
Queen Charlotte BC
V0T 1S0.

or by email to: shop@gohaidagwaii.ca

Notices sent by personal delivery or registered mail will be effective the first business day following the date that the correspondence is received in our office.