Please read the terms carefully, as they include provisions such as limitation of liability, dispute resolution and other provisions that may limit your rights. The Terms and any supporting or ancillary documents are drafted solely in English.
1. USE OF THE WEBSITE
The oilinibaby.com website (the “Site”) is owned and operated by Oilini International Corporation (the “Company”) for your personal and non-commercial use and information. The terms “we”, “us”, and “our” used in the Terms also refers to the Company.
Your use of the Site is subject to the following terms and conditions of use and sale (the “Terms”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms. If you do not agree with any of the Terms, please do not use the Site.
The Company reserves the right to update the Terms (or any portion thereof) applicable to the Site without prior written notice at any time, and from time to time, at the Company’s sole discretion.2. ACCEPTABLE USE POLICY
As a condition of your use of the Site, you hereby represent and warrant to the Company that you:
- Agree to honour our intellectual property rights;
- Agree to provide us with accurate information as necessary for the proper conduct of the Site and to take responsibility for the information you provide;
- Acknowledge that we may be unable to process and shall have no responsibility to process requests the accuracy of which we cannot validate;
- Agree not to create a link (other than personal “bookmark” or “favorites” entry) to the Site without first obtaining our written permission;
- Will refrain from using profane, vulgar, inflammatory, libelous, or similarly discourteous language in any e-mail, form entry created through the Site; and
- Shall not interfere or attempt to interfere with the operation of the Site in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or other means expressly prohibited by any provision of the Terms
4. AGE OF CONSENT
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
5. PRODUCT PURCHASES AND USER ACCOUNT
If you register on the Site for the purchase of Products, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and your account, and you agree to accept responsibility for all activities that occur under your account or password.
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 that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. The Company reserves the right to refuse service, terminate accounts or cancel orders in its sole discretion.
6. PRODUCT INFORMATION AND AVAILABILITY
The Company attempts to be as accurate as possible in describing all Products available for sale and/or distribution by the Company. However, the Company does not warrant that Product descriptions or other content of the Site are accurate, complete, reliable, current or error-free. Please note that because the colours of the Products you see will depend on your monitor, the Company cannot guarantee that your monitor will display the exact actual colour of a Product displayed.
The Company may revise or cease to make available any products at any time without prior notice. In the event that the Company is unable to deliver to you a Product ordered due to lack of availability, the Company will notify you via e-mail and your order will be automatically cancelled with respect to such unavailable Product.
7. PRODUCT PRICING
All prices and Product orders are quoted and shall be processed in Canadian dollars. Prices for our products are subject to change without prior notice. In the event that the price or related information for a product (as described on the Site and/or the Order Confirmation) is incorrect due to an error in pricing or product information, the Company may, at its sole discretion, refuse or cancel your order, whether before or after the Company’s acceptance thereof. If there is such an error in pricing, the Company will cancel your order and reverse any charges that have been applied, then contact you to ask you to place a new order for the Product at the correct price.
8. SHIPPING AND TAXES
The Company will ship the Product(s) ordered by you according to the delivery method you have chosen and to the address indicated in the Order Confirmation. Delivery times provided by the Company are estimates only. The Company shall not be responsible for any damages or costs resulting from any delays in delivery.
Unless otherwise stated, all Product prices quoted do not include shipping and handling charges and applicable federal, state and provincial sales taxes. Separate charges for shipping and handling and taxes will be shown on the Order Confirmation for each order, as applicable. Customers shall be responsible for all goods and services, harmonized sales, and other taxes and duties associated with the order.
All Product(s) purchased from the Company are delivered to you by a third party delivery company (Canada Post or UPS), pursuant to a shipping contract. You shall become the owner of the Product(s) and shall assume the risks of loss at the time of delivery by the Company of the Product(s) to the third party delivery company.
All Product returns are subject to the Company Returns Policy, the terms of which are incorporated herein by reference. Some restrictions may apply.
10. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you send certain specific submissions (for example creative ideas, suggestions, proposals, plans, or other materials) whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are 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.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, defamatory or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, 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 Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
The Company is not responsible for any text, image, video, audio, or any information, content or other materials you may introduce into or post through the Site or any other Company websites including any Company pages on social networking websites and webpages such as Facebook, Twitter or YouTube (collectively, your “Material”). You acknowledge and agree that your Material does not necessarily reflect the views, ideas or opinions of the Company or any of its divisions, affiliates, subsidiaries, directors, officers, employees, agents, contractors and suppliers and that we disclaim any and all responsibility for any of your Material. You agree never to knowingly or otherwise introduce or post Material that is defamatory, libelous, slanderous, obscene, abusive, fraudulent, or that violates any other party’s proprietary rights, promotes hatred, otherwise gives rise to a criminal offence or civil liability on the part of any person or entity, or that is otherwise unlawful or in contravention of applicable laws and regulations. You hereby agree to defend and hold the Company harmless against all claims, damages, liability, losses or expenses resulting from or related to your Material. The Company reserves the right to edit, alter or delete any Material at any time without prior notice. All Material must be solely for non-commercial, personal purposes and may be protected by applicable copyright laws.
11. COPYRIGHTS AND TRADEMARKS
Material on the Site, including but not limited to texts, images, illustrations, articles, photographs, software, audio and video clips, is owned or otherwise provided by the Company, and the Company does not represent or warrant that such material does not infringe the rights of any other person or entity. The material on the Site is protected in Canada and in other jurisdictions by the Copyright Act and by virtue of the applicable international conventions and treaties. The Company is the owner of the copyright in the entire Site and, consequently, the material on the Site may not be copied, reproduced, republished, downloaded, posted, transmitted, distributed or modified, in whole or in part in any form whatsoever, without the prior written consent of the Company. Trademarks, logos and service marks (collectively, the “Marks”) displayed on the Site are registered or unregistered Marks of the Company or others, are the property of their respective owners, and may not be used without written permission of the owner of such Marks. Nothing in the Site is to be interpreted as conferring a right to use the Marks or the material protected by the Copyright Act.
12. CONFIDENTIALITY OF THE MATERIAL TRANSMITTED
For greater certainty, and without limitation to the generality of the foregoing, by posting messages, uploading files, inputting data or engaging in any other form of communication to or within the Site, you hereby grant the Company a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use (including use for promotional and advertising purposes), copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit the content of your communications and any ideas or original materials contained therein, in all media now known or hereafter developed. This grant shall include the right to exploit any and all proprietary rights in and to any such communications including, without limitation, any and all rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. You hereby waive all rights you may have to inspect and/or approve of any use by the Company of any material or ideas submitted by you or the right to receive any compensation for such use. You waive all rights to any claim against the Company for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with any of the foregoing. You agree and understand that the Company is under no obligation to use any material or ideas submitted by you in any way whatsoever.
Furthermore, you acknowledge that unprotected e-mail communications and other transmissions over the Internet are not confidential and may be subject to possible interception, alteration or loss. You acknowledge and agree that by submitting any such communications to the Company or the Site, no confidential, fiduciary, contractually implied or other relationship is created between you and the Company other than pursuant to the Terms. The Company shall not be responsible for the payment of any monies to any other party in connection with the Company’s use of any information or material provided by you to the Company or the Site. You also represent and warrant that any and all such information or Material which you provide to the Company, whether provided by you electronically by accessing or using the Site or otherwise, and the Company’s use of this information and material so provided as permitted in the Terms, does not infringe the rights of any other person or entity.
The Company may monitor the access to the Site (and any other of its websites) and other activities in relation to the Site (and any other of its websites) and may intervene in this regard. However, the Company makes no representation and gives no warranty to that effect. You consent to such surveillance and intervention, if the Company ever decides to do it.
14. LINKS TO OTHER WEBSITES
Links and references to other websites are provided to you as a convenience only. The Company has not reviewed and does not expressly or implicitly endorse other websites or any information or material, or the accessibility thereof, via such links, and does not assume any responsibility for any such other websites, information or material posted thereon, or products or services offered thereon. You may not create links from other websites to the Site, except if expressly permitted by the Company. To obtain such permission, please contact us here.
15. GOVERNING LAW
The Site is controlled and operated by the Company from Toronto, Ontario, Canada and the Terms, the Site, any use of the Site and any transaction conducted on or from it shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein without reference to principles of conflict of laws. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
16. DISPUTE RESOLUTION
You acknowledge and agree that any dispute that may arise between you and the Company in respect of the Terms and the transactions contemplated herein shall be resolved by the provincial and federal courts and tribunals sitting in the Province of Ontario and you hereby irrevocably submit and attorn to the personal and exclusive jurisdiction and venue of these courts.
17. NO WAIVER
The failure of the Company to enforce any provisions of the Terms or to respond to a breach or default by you or any third party of the Terms shall not in any way waive the right of the Company to subsequently enforce any of the Terms contained herein or to act with respect to similar breaches or defaults.
18. EXCLUSION AND DISCLAIMER OF WARRANTIES
Except as expressly provided for in the terms, the site and all materials, products and information provided through or on the site are provided to you on an “as is”, “as available”, “with all faults” basis and the company does not make or give any representation, warranty or condition of any kind, whether express or implied, written or oral, statutory or otherwise, including without limitation (i) warranties as to uninterrupted or error-free transactions, privacy, or security, (ii) accuracy, adequacy or completeness of the site and the content thereof, the information, materials and functions made accessible by the software used on or accessed through the site, any products or services or hypertext links to third parties, or for any breach of security associated with the transmission of sensitive information through the site or any linked site; or (iii) merchantability, quality, title, durability, suitability, non-infringement or fitness for a particular purposes, or those arising out of a course of dealing or usage of trade. these exclusions are in addition to any specific exclusion otherwise provided in the terms. Because certain federal, state or provincial laws do not permit the exclusion of certain warranties, these exclusions may not apply to you. This section shall survive the termination or expiry of this agreement.
By using the Site you hereby agree to indemnify, defend and hold harmless the Company from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses, of any kind related thereto (including, without limitation, reasonable attorneys’ fees) incurred by the Company in connection with any claim arising out of, based upon or resulting from your use of the Site. The Company reserves the right, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not, in any event, settle any matter without the written consent of the company.
For the purposes of this section, “company” shall include the company’s respective directors, officers, owners, employees, agents, mandataries, contractors, licensors, licensees and third-party suppliers. This section shall survive the termination or expiry of this agreement.
20. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, in no event will the company be liable for any damages or losses of any kind, whether direct, indirect, incidental, special, exemplary, punitive or consequential, howsoever caused, including but not limited to, any lost data, lost profits, lost savings, loss of goodwill, lost business, loss of use or lack of availability of facilities including computer resources, routers and stored data, arising out of or in connection with the use of the site, including without limitation the materials or information provided through the site, the products, or the transactions conducted on or from the site, even if the company or any of its lawful agents, contractors, employees or mandataries have been advised of the possibility of such damages or claim.
In particular, and without limiting the preceding paragraph, in no event will the company be liable to you for damages or losses resulting from viruses, data corruption, failed messages, damages arising as a result of transmission errors or problems, telecommunications service providers, the company’s contractors, third-party suppliers of products or services, damages or losses caused by you, or your respective employees, agents, mandataries or subcontractors, or other events beyond the reasonable control of the company.
If, despite the limitations above, the company is found liable for any damage or loss in connection with the site, in no case will the company’s total liability arising under any cause whatsoever (including without limitation breach of contract, negligence, gross negligence or otherwise) be for more than, in the aggregate, the lesser of 100$ or the amount paid by you for the specific products purchased by you and to which the claim relates.
If you are dissatisfied with the terms or the site, your sole and exclusive remedy is to discontinue using and accessing the site.