Last updated: April 28, 2023
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://bjornwoods.ca website (the “Site”) operated by Bjornwoods 2009 Ltd. (“Bjornwoods”, “us”, “we”, or “our”).
Your access to and use of the Site is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Site.
By accessing or using the Site you agree to be bound by these Terms. If you disagree with any part of the terms, please do not use the Site.
Availability, Errors and Inaccuracies
In order to provide exceptional service, and accuracy, we regularly update the products and services on the Site.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Despite our best efforts, the products or services available on our Site may have an error regarding the price, be inaccurately described, or be unavailable.
We may experience delays in updating information on the Site and in our advertising on other websites.
Intellectual Property
The Site and all contents, including but not limited to text, images, graphics or code are the property of Bjornwoodsand are protected by copyright, trademarks, database and other intellectual property rights. You may display and copy, download or print portions of the material from the different areas of the Site only for your own non-commercial use, or to place an order with us. Any other use is strictly prohibited and may violate copyright, trademark and other laws. These Terms do not grant you a license to use any trademark of Bjornwoods or its affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Site.
Links to Other Web Sites
Our Site may contain links to third-party web sites or services that are not owned or controlled by us.
We have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Bjornwoods shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
Privacy
We take your privacy very seriously. Our Privacy Policy is hereby incorporated into these Terms by reference. Please read the Privacy Policy carefully as it governs the way we collect, use, and disclose your personal information.
Termination
We may terminate or suspend access to our Site immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms.
All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Upon termination, your right to use the Site will immediately cease. If you wish to terminate your account, you may simply discontinue using the Site.
Indemnification
You agree to indemnify, defend and hold harmless Bjornwoods, its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, losses, obligations, costs, actions or demands.
These include but are not limited to: (a) legal and accounting fees resulting from your use of the Site; (b) your breach of any of these Terms; (c) anything you post on or upload to the Site; and (d) any activity related to your account. This includes any negligent or illegal conduct by you, any person or entity accessing the Site using your account whether such access is obtained via fraudulent or illegal means.
Limitation of Liability
Bjornwoods, its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (i) your access to or use of the Site; (ii) your inability to access or use the Site; (iii) any conduct or content of any third-party on or related to the Site; (iiv) any content obtained from or through the Site; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
The information on this website is obtained from current and reliable sources but makes no representation as to its comprehensiveness or accuracy. Nothing contained herein should be considered as a recommendation as to the fitness/suitability for any use. The certifications, statements, and descriptions shown on this website are strictly for information purposes only. We shall not be responsible for any damages resulting from use of or reliance upon this information. The user of the product is solely responsible for compliance with all laws and regulations applying to the use of the product, including the intellectual property rights of third parties.
Customers may purchase products or services from us only with the clear understanding that all products must be used at their own discretion and only after referring to all relevant technical information specific to the product. We shall not be held responsible for any damages to property or for any adverse physical effects (including injury or bodily harm).
Further, we are not responsible for statements made in customer reviews or comments, nor when products are used in ways not suitable to their purpose.
Disclaimer and Non-Waiver of Rights
We make no guarantees, representations or warranties of any kind as regards the website and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Site is at your sole risk. The Site is provided on an “AS IS” and “AS AVAILABLE” basis. The Site is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the laws of any province in Canada. In such cases, the provincial law shall apply to the extent necessary.
While we do our best to ensure that the Site is running optimally, we do not warrant that a) the Site will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Site is free of viruses or other harmful components; or d) the results of using the Site will meet your requirements.
If you breach any of these Terms and we choose not to immediately act, or choose not to act at all, we will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. Bjornwoods does not waive any of its rights. We shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
Exclusions
As set out, above, some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. Provincial laws of Canada may apply to certain products and service provided.
Governing Law
These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of and the laws of Canada, as applicable.
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Site, and supersede and replace any prior agreements, oral or otherwise, regarding the Site.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
Contact Us
If you have any questions about these Terms, please contact us.