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Terms of Service

This Terms of Service notice along with our Privacy Policy (the "Agreement") is a legal contract between you (either an individual or business entity, collectively, "User") and Goose and Moose Toys Inc., a corporation incorporated under the laws of Canada ("Goose & Moose") for access to and use of the Goose & Moose website (the "Website"). The Website includes, without limitation, all supplied corrections, bug fixes, enhancements, updates, upgrades or other modifications, user manuals and other documentation created and supplied by Goose & Moose in connection with the Website.

 

By accessing or  otherwise using the website, you hereby agree to be bound by the terms and conditions of this agreement. If you do not agree to the terms and conditions of this agreement, exit this page.


1.   Terms of Service/Use

 

1.1  Grant of Rights

Provided User is at all times in compliance with the terms and conditions of this Agreement, Goose & Moose hereby grants to User, pursuant to the terms and conditions of this Agreement, a non-exclusive, non-transferable right to access and use the Website.

 

1.2  Authorized Use

User shall use the Website only to assist User with shopping and placing orders for products on the Website.

 

1.3  Restriction on Use

User agrees to use the Website only for User's own use in accordance with and under the terms and conditions of this Agreement. Under no circumstances shall User permit third parties to use the Website unless such parties have separately agreed to be bound by the terms and conditions of this Agreement.

 

1.4  Modification/Reverse Engineering

User agrees that only Goose & Moose shall have the right to alter, maintain, update, upgrade, enhance or otherwise modify the Website, including, without limitation, the products for sale on the Website, as well as the cost of those products. User shall not copy, disassemble, decompile or reverse engineer the Website or any part thereof or attempt to do the same either directly or by others.

 

1.5  Material Terms and Conditions

User specifically agrees that each of the terms and conditions of this Section 1 are material and that failure of User to comply with these terms and conditions shall constitute sufficient cause for Goose & Moose to terminate this Agreement. The presence of this subsection 1.5 shall not be relevant in determining the materiality of any other provision or breach of this Agreement by User.

 

1.6  Reservation of Rights

Goose & Moose hereby reserves any and all rights not expressly granted or set out in this Agreement, including, but not limited to, Goose & Moose's right to grant any third party the rights to use the Website.

 

1.7  Term of License

Unless otherwise terminated as set forth in this Agreement, the rights granted to User hereunder shall be for as long as User continues to use the Website. User may terminate this License at any time by discontinuing to access or use the Website.

 

1.8  Representations by User

By accepting this Agreement and by using the Website, User hereby represents and warrants to Goose & Moose that all information provided by User to Goose & Moose during use of the Website and the provision of User's name, contact and billing information are true and accurate in all respects. User further represents and warrants that User is duly authorized to enter into this Agreement for and on behalf of any person, company or other entity provided by User during use of the Website. Should any of these representations and warranties prove false at any time or should Goose & Moose have reasonable grounds to consider that any of these representations and warranties may be false, Goose & Moose may, in its sole discretion, immediately terminate this Agreement, prevent User's access to and disable User's use of the Website without notice and without recourse by User.


2.   Intellectual Property Rights

 

2.1  Title

User agrees that, except as otherwise indicated, Goose & Moose owns all right, title and interest, including, without limitation, copyrights, trademarks, patents and any and all other intellectual property rights in and to the Website, Goose & Moose's business and in and to any corrections, alterations, upgrades, updates, enhancements or other modifications of the foregoing, whether made by Goose & Moose or an authorized third party on Goose & Moose's behalf. The copyright and trademark notices of third party suppliers on the Website are the property of their respective owners. No title in and to the Website and/or Goose & Moose's business or any part thereof is transferred by this Agreement to User and User's rights hereunder are strictly limited as expressly set out herein.

 

2.2  Transfers

Under no circumstance shall User sell, license, publish, display, distribute, exhibit or otherwise transfer to a third party the Website or any copy thereof, in whole or in part, without Goose & Moose's prior written consent, which consent Goose & Moose may arbitrarily and unreasonably withhold or delay.

 

3.   Warranty

 

3.1  Warranty

Goose & Moose warrants to User that the Website will substantially comply with Goose & Moose's specifications as may be amended from time to time.

 

3.2  Disclaimer

Except as expressly set out in this agreement, there are no other warranties of any kind, either express or implied, including, but not limited to, warranties as to title, accuracy, fitness for a particular purpose, durability, merchantability or infringement of third party rights. Furthermore, Goose & Moose makes no warranty of any kind, either express or implied, including, but not limited to, warranties as to title, accuracy, fitness for a particular purpose, durability, merchantability or infringement of third party products for sale on the Website. The Website, related documentation and other files are provided to User on an "as is, where is" basis. Goose & Moose does not warrant that the services, information, content, materials, products or other services included on or otherwise made available to User through the Website or services; its servers, electronic communications, or e-mail sent from services are free of viruses or other harmful components. Goose & Moose and its suppliers do not and cannot warrant the performance or results User may obtain by using the Website.

 

4.   Limitation of Liability

 

In no event will Goose & Moose be liable to User or any third party for errors, omissions, injuries or losses; indirect, special, incidental, consequential, exemplary or other similar damages, including, without limitation, lost profits arising from the use or inability to use the Website or arising from the use or inability to use any product purchased from the website or from any breach of warranty, even if Goose & Moose has been informed of the possibility of such damages. The information provided by the Website is for informational purposes only and may be subject to change, deletion or modification to User at any time without notice. Use of the website by User is at User's sole risk. The laws of certain jurisdictions, including Quebec's consumer protection act, do not allow limitations on implied warranties or conditions or the exclusion or limitation of certain damages. If these laws apply to User, some or all of the disclaimers, exclusions, or limitations set out in this agreement may not apply to User and User might have additional rights.

 

5.   Indemnity

 

User shall indemnify and save Goose & Moose, its parent, subsidiaries and affiliates and their respective directors, officers, employees, contractors, agents and assigns, harmless from and against any and all losses, damages, claims, choses in action and expenses (including lawyers' fees and costs) arising out of any breach or alleged breach by User of the terms and conditions of this Agreement.

 

6.   General Provisions

 

6.1  Modifications

Goose & Moose may alter or revise the terms of this Agreement at any time for any reason. If User does not agree to accept such changes, User's sole remedy shall be to discontinue use of the Website.

 

6.2  Governing Law

This Agreement shall be governed and construed in accordance with the laws of the Province of British Columbia and Canada without regard to choice of law provisions and User and Goose & Moose hereby irrevocably attorn to the exclusive jurisdiction of the Courts of British Columbia. The application of the United Nations Conventions on Contracts for the International Sale of Goods is hereby expressly excluded.

 

6.3  Termination

Without prejudice to any other rights at law or in equity, Goose & Moose may terminate this Agreement if User fails to comply with the terms and conditions of this Agreement. In such event, Goose & Moose may deny access to the Website and User must immediately cease to use or access the Website.

 

6.4  Severability

Except as otherwise set out in this Agreement, the provisions of this Agreement are severable, and if any one or more of such provisions shall be determined to be invalid, illegal or unenforceable, in whole or in part, the validity, legality and enforceability of any of the remaining provisions or portions thereof shall not in any way be affected thereby and shall nevertheless be binding on the parties hereto. Any such invalid, illegal or unenforceable provision or portion thereof shall be changed and interpreted so as to best accomplish the objectives of such provision or portion thereof within the limits of applicable law.

 

6.5  Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes and merges all prior proposals, understandings and all other agreements, oral or written, between the parties relating to the subject matter of this Agreement. This Agreement may not be amended except in writing agreed to by the parties hereto.

 

6.6  Waiver

Any waiver, either express or implied, by Goose & Moose of any default by User in the observance and performance of any of the terms and conditions, covenants or duties set out in this Agreement shall not constitute or be construed as a waiver of any subsequent or other default.

 

6.7  No Injunction

Under no circumstances may User seek to obtain or obtain injunctive or other relief against Goose & Moose to restrain or otherwise inhibit Goose & Moose's right to exploit the Website in such manner as Goose & Moose in its sole discretion deems fit.

 

6.8  Read and Understood

User hereby acknowledges that User has read and understands this Agreement, agrees to be bound by its terms and conditions and has the opportunity to obtain independent legal advice.

 

6.9  Headings

The headings to the Sections and Subsections of this Agreement are included merely for convenience of reference and shall not affect the meaning of the language included therein.

 

 

 

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