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Terms of Use

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Terms of Use


 

Welcome to Karaze78 Inc. Web site. Please review the terms and conditions of use carefully, as they govern your use of Karaze78.com (the “Site”).The following terms and conditions of use are an agreement (the “Agreement”) between Karaze78 Inc. and you. Your use of the Site constitutes your agreement to follow and be bound by the Agreement. We reserve the right to modify this Agreement at any time in our sole discretion without prior individual notice. Any modifications to this Agreement will be posted on the Site. For this reason, we encourage you to review the Agreement whenever you use any of the Site. You can tell when this Agreement was last modified by checking the “last updated” date that appears at the top of the Agreement. If you do not agree to these terms, please do not use the Site.

Site Transactions

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 we make a change to or cancel an order, we will 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.

Right to Change Site

We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue the Site or any service, content, feature or product offered through the Site, with or without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in
connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that we shall not be liable to you or to any third party
for any modification, suspension or discontinuance of the Site, or of any service, content, feature or product offered through the Site.

Site Contents

Unless otherwise noted, the Site, and all materials on the Site, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trade-marks, trade dress and/or other intellectual property in such materials (collectively, the “Contents”), are owned, controlled or licensed by Karaze78 Inc. and other trade-marks appearing on the Site are the trade-marks of Karaz78 Inc. The Site and the Contents are intended solely for personal, non-commercial use. You may download or copy the Contents displayed on the Site for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Site.

User Comments, Feedback, and Other Submissions

Karaze78 is pleased to hear from users and welcomes your comments regarding our products and services. Karaze78’s company policy does not allow us to accept or to consider creative ideas, suggestions, proposals, plans, or other materials other than those we have specifically requested. We hope that you will understand that the intent of this policy is to avoid the possibility of future misunderstandings when projects developed by employees and agents of Karaze78 Inc. might seem to be similar to creative works submitted by users. Accordingly, while we value your feedback, we must ask that you do not send creative ideas, suggestions, proposals, plans, or other materials for our business. If, at our request, you send certain specific submissions (for example, contest entries, customer reviews or photographs) or without a request from us you send creative ideas, suggestions, customer reviews, photographs, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that Karaze78 Inc. may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to Karaze78 Inc.

Karaze78 Inc. is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. Karaze78 Inc. has the right but not the obligation to monitor and edit or remove any Comments. You agree that your Comments will not violate any right of any third party, including copyright, trade-mark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site.
You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Karaze78, or other third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. Karaze78 take no responsibility and assume no liability for
any Comments posted by you or any third party.

Personal Information Submitted Through the Site

Your submission of personal information through the Site is
governed by our privacy policy, which can be reached by clicking on the
“Privacy Policy” link located in the footer section of the Site (the
“Privacy Policy”). This Agreement incorporates by reference the terms
and conditions of the Privacy Policy.Product InformationMany products displayed on the Site are available on amazon.ca
and ebay.ca. Unless otherwise indicated, prices displayed on the Site are
quoted in Canadian Dollars.Certain products are available exclusively online through the
Site. These products may have limited quantities and are subject to return or
exchange only through the Site according to the applicable return policy.Tax
Policy
Tax charges are based on applicable federal, provincial and
harmonized sales tax rates based on the delivery address associated with your
order. Where required, sales tax will also be applied to the shipping and
handling charges. If you return an item for a refund, you will also receive a
refund for the sales taxes you paid for that item. You will not receive a
refund for the sales taxes you paid on the shipping and handling of that item,
as the shipping and handling charges are non-refundable once an item has been
shipped. If you have questions about the sales taxes on your invoice, please contact
us.Tax
Exempt Purchases
If you are making a purchase for a tax-exempt organization or
are an individual that qualifies for a tax exemption, please contact our
Customer Service team at . To ensure compliance with federal and
provincial tax laws, all requested forms and information must be received and
verified by our Customer Service team before a tax refund can be processed.Errors, Inaccuracies, and OmissionsOccasionally there may be information on our Site that contains
typographical errors, inaccuracies, or omissions that may relate to product
descriptions, pricing, promotions, offers, 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 on the Site is inaccurate at
any time without prior notice (including after you have submitted your order).ColorsWe have made every effort to display as accurately as possible
the colors of our products that appear at the Site. We cannot guarantee that
your computer monitor’s display of any color will be accurate.PromotionsIn addition to the terms and conditions of this Agreement, any
contests, sweepstakes, surveys, games or similar promotions (collectively,
“Promotions”) made available through the Site may be governed by
specific rules that are separate from this Agreement. By participating in any
such Promotion, you will become subject to those rules, which may vary from the
terms and conditions set forth herein. To the extent that the terms and
conditions of such rules conflict with this Agreement, the terms and conditions
of such rules shall control.Links
to Other Web Site and Services
The Site may contain links to other Web sites that are not under
the control of Karaze78. Karaze78 Inc.
has no responsibility for the linked Web sites nor does linking constitute an
endorsement of any linked Web site. Links are provided solely for the
convenience and information of the Site’s users.PasswordsYou are solely responsible for maintaining the confidentiality
of your password and user account information. You must notify us immediately
in the event of any known or suspected unauthorised use of your user account,
or any known or suspected breach of security, including loss, theft, or
unauthorised disclosure of your or anyone else’s password. You are solely responsible
for any and all activities which occur under your user account. You agree to
immediately notify us of any unauthorised use of your user account or any other
breach of security known to you.DisclaimerTHE CONTENT OF THE SITE IS PROVIDED “AS IS” WITHOUT
WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.KARAZE78 DOESN’T WARRANT THAT THE SITE OR ANY FUNCTION CONTAINED
IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE
CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.KARAZE78 EXPRESSLY DISCLAIM ANY DUTY TO UPDATE OR REVISE THE
CONTENT OF THE SITE, ALTHOUGH WE MAY MODIFY THE CONTENT AT ANY TIME WITHOUT
NOTICE. YOUR USE OF THE SITE IS AT YOUR SOLE RISK, AND YOU ASSUME FULL
RESPONSIBILITY FOR ANY COSTS ASSOCIATED WITH YOUR USE OF THE SITE. KARAZE78
SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE
SITE.Karaze78 doesn’t represent or warrant that the Site, or any part
thereof, are appropriate or available for use in any particular jurisdiction.
Those who choose to access the Site do so on their own initiative and at their
own risk, and are responsible for complying with all local laws, rules and
regulations. We may limit the Site’s availability, in whole or in part, to any
person, geographic area or jurisdiction we choose, at any time and in our sole
discretion.Limitation of LiabilityYOU EXPRESSLY UNDERSTAND AND AGREE THAT KARAZE78 SHALL NOT BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY
OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES
(EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT
OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THE SITE; (B) THE
USE OF ANY CONTENT OR OTHER MATERIAL ON THE SITE OR ANY WEBSITE OR WEBSITES
LINKED TO THE SITE, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND
SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR
OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE;
(D) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E)
STATEMENTS OR CONDUCT OF ANY THIRD-PARTY ON THE SITE; OR (F) ANY OTHER MATTER
RELATING TO THE SITE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL
DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING,
BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU,
IF ANY, IN CONNECTION WITH YOUR USE OF THE SITE. IF YOU ARE DISSATISFIED WITH
ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND
EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THE SITE.IndemnificationYou agree to defend, indemnify and hold Karaze78 and each of its
respective officers, directors, employees, shareholders, agents and
representatives harmless from and against any and all claims, damages, costs
and expenses, including legal fees, arising from or related to your use of the Site
and/or your breach of any representation, warranty, condition or other
provision of the Agreement.Dispute ResolutionMindful of the high cost of litigation, not only in dollars but also in time and energy, both you and Karaze78 agree to the following dispute resolution
procedure: Except to the extent prohibited by applicable law, in the event of any controversy, claim, action or dispute arising out of or related to any
transaction conducted on the Site, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it (“Dispute”), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute.Notice shall be sentto Karaze78 Inc. 56 wilmington Drive Moncton, NB, E1A9L2, Canada Attn: legal affairsor (2) to you at: your last-used billing address or the billing and/or shipping
address in your online profile.To the maximum extent permitted by law, both you and Karaze78 agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any litigation or filing any claim against the other party.Choice of Law and JurisdictionTo the maximum extent permitted by law, this Agreement shall be construed in accordance with the laws of New Brunswick and Canada, as applicable therein, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the Superior Court of Justice or Federal Court of Canada residing in Fredericton, NB.GeneralThe waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of Karaze78’s right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be
unenforceable or invalid for any reason, that provision shall be severable, and
all other provisions shall remain in full force and effect. This Agreement
constitutes the entire agreement between us relating to your use of the Site.Karaze78 may assign its rights and obligations under the
Agreement. The Agreement will inure to the benefit of Karaze78’s successors,
assigns and licensees.TerminationThese terms are effective unless and until terminated by either
you or Karaze78 Inc. Karaze78 also may
terminate this Agreement at any time without notice, and accordingly may deny
you access to the Site, if in our sole judgment you fail to comply with any
term or provision of the Agreement. The obligations and liabilities of the
parties incurred prior to the termination date shall survive the termination of
this Agreement for all purposes.Choice of LanguageThe parties hereto confirm that it is their wish that this Agreement, as well as other documents relating hereto including notices, have been and shall be drawn up in the English language only.Les parties aux présentes confirment leur volonté que cette convention de même que tous les documents, y compris tout avis qui s’y rattache, soient rédigés en langue anglaise. 

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