www.chillymoose.ca Terms & Conditions
PLEASE READ THE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.
Chilly Moose Ltd (“Chilly Moose”) maintains this website (www.chillymoose.ca). Chilly Moose (chillymoose.ca) owns and operates this Website. This document governs your relationship with www.chillymoose.ca. Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offence and Chilly Moose will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of chillymoose.ca or its licensors and are protected by copyright laws and treaties around the world. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible. Please refer to our shipping page for further information.
In order to contract with Chilly Moose, you must be over 14 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Chilly Moose retains the right to refuse any request made by you.
If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be Chilly Moose or may in some instances be a third party. Where a contract is made with a third party, Chilly Moose is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to change without notice at the discretion of Chilly Moose.
By purchasing off www.chillymoose.ca you are agreeing that you will not exploit or resell Chilly Moose products unless permitted by an authorized Chilly Moose Ltd representative.
Chilly Moose maintains the right to decline any order that they deem inappropriate or unacceptable by their company policies including but not limited to text or artwork that includes:
- Hate speech or symbols
- Contains explicit content
- Encourages discrimination, hate or violence against groups or individuals including based on their race, religion, ethnicity, gender, disability, sexual orientation or gender identity.
- Libel or defamation of any individual, organization or group.
- Or if the requested design violates copyrights, trademarks or other intellectual property rights of others.
Customization fees apply to all custom orders. Please review all orders thoroughly before placing your order; customized items are final sale and non-refundable. Chilly Moose is not responsible for any mistakes or errors that have been approved by the client.
All past due invoices are subject to a $120 processing fee and an interest rate of 2% per month, 26.8% per annum.
Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Chilly Moose and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Chilly Moose liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law.
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.
This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Disclaimer as to ownership of trademarks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with Chilly Moose and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Chilly Moose.
Linking to External Websites
You agree to indemnify, defend and hold harmless Chilly Moose, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms of Service.
Chilly Moose Return Policy is covered under the Terms and Conditions.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Chilly Moose. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Chilly Moose.