Terms of Use

 

Introduction

The following terms and conditions are the Terms of Use for this website (the "Site"), which is made available by Raspberry x Seven Inc. (“Raspberry x Seven”, "we", "us" or "our").

The contents of the Site include, without limitation, all information, data, products, materials, services, software applications and tools, design elements, text, images, photographs, illustrations, audio and video contents, artwork, graphics contained therein or otherwise made available to you in connection therewith (collectively the "Contents") and, unless the context clearly requires otherwise, or we explicitly say so in writing, the term "Site" includes all of the Contents.

These Terms of Use constitute a legally binding agreement between you and Raspberry x Seven regarding your use of and access to the Site. By accessing and using the Site in any manner, you acknowledge that you have read these Terms of Use and all of the terms and conditions contained herein.  Before continuing to use the Site, please read these Terms of Use and contact us if you have any questions.

You may use the Site and the Contents solely for your non-commercial and limited personal use and for no other purposes. 

Provision of the Site by Raspberry x Seven

You acknowledge and agree that the form and nature of the Site may change from time to time without prior notice to you.

You acknowledge and agree that Raspberry x Seven may stop (permanently or temporarily) providing the Site (or any features within the Site) to you or to users generally, at Raspberry x Seven’s sole discretion, without prior notice to you. 

You acknowledge and agree that if Raspberry x Seven disables access to your Site account (if any), you may be prevented from accessing the account, your account details or other content which is contained in your account.

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 address 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.

Product Information and Availability

Products which may be purchased from the Site are available for sale and distribution to customers in Canada only.

Raspberry x Seven attempts to be as accurate as possible in describing all products available for sale by Raspberry x Seven. However, Raspberry x Seven 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 or other display, Raspberry x Seven cannot guarantee that your monitor or other display will display the exact actual colour of a product displayed.

The availability of certain products may be limited, and products may not be available for immediate sale. Raspberry x Seven may revise or cease to make available any products at any time without prior notice. In the event that Raspberry x Seven is unable to deliver to you a product ordered due to lack of availability, Raspberry x Seven will notify you via e-mail and your order will be automatically cancelled with respect to such unavailable product. 

When you purchase a product from Raspberry x Seven, you acknowledge and confirm that you have read and understand and agree to the product description provided on the Site or otherwise in connection with such product.

Returns Policy

All product returns are subject to the Raspberry x Seven Returns Policy posted to the Site, the terms of which are incorporated herein by reference. Some restrictions may apply.

Use of the Site by You

Your use of the Site is subject to all applicable local, provincial, state and federal laws and regulations.  You may not use, allow, or enable others to use the Site, or knowingly condone use of the Site by others, in any manner that is, attempts to, or is likely to:

  • be obscene, fraudulent, defamatory, libelous, indecent, discourteous, racially or ethnically offensive, harassing, threatening, abusive, pornographic or discriminatory;
  • affect us adversely or reflect negatively on us, the Site, our goodwill, name or reputation or cause duress, distress, or discomfort to us or anyone else, or discourage any person, firm, or enterprise from using all or any portion, features, or functions of the Site, or from advertising, linking, or becoming a supplier to us in connection with the Site;
  • send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called "spamming" and "phishing";
  • transmit, distribute, or upload content or programs that contain any viruses, Trojan horses, worms or other disabling devices or harmful components intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information;
  • modify, disrupt, impair, alter, or interfere with the use, features, functions, operation, or maintenance of the Site or the rights or use and enjoyment of the Site by any other user;
  • advocate or encourage any illegal activity;
  • infringe upon or misappropriate the copyright, patent, trademark, trade secret, publicity rights or other intellectual property or proprietary rights of Raspberry x Seven or any third party;
  • violate the privacy of any individual, including users of the Site; or
  • violate any applicable local, provincial, state or national laws or regulations (anywhere in the world).

In order to access certain products and services or as part of the account registration process, you may be required to provide information about yourself (such as identification or contact details).  You agree that any registration information you give to Raspberry x Seven will always be accurate, correct and up to date.

Unless you have been specifically permitted to do so in a separate agreement with Raspberry x Seven, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Contents or any Raspberry x Seven products and services for any purpose.

You agree that you are solely responsible for (and that Raspberry x Seven has no responsibility to you or to any third party for) any breach of your obligations under these Terms of Use and for the consequences (including any loss or damage which Raspberry x Seven may suffer) of any such breach.

Submissions and Comments

The Site and/or Raspberry x Seven’s product offerings advertised or otherwise provided through a social media platform (such as Instagram) may, from time to time, encourage comments, feedback or other submissions in respect of the Site and Raspberry x Seven’s products displayed on the Site ("User Content"). You acknowledge and agree that if you submit any User Content you will be solely responsible for such User Content. By posting User Content, you acknowledge and agree that you will be deemed to have assigned copyright in the same to Raspberry x Seven and waived any moral rights in or to the same. Raspberry x Seven will not be liable in any way for any such User Content submitted.  You further agree that you will not:

  • submit any User Content which is harassing, abusive, threatening, harmful, libelous or defamatory, encourages conduct that could constitute a criminal offense or give rise to civil liabilities, or is unlawful in any other way.
  • submit any User Content protected by intellectual property laws or by rights of privacy, unless you own the rights thereto or have received all necessary consents. You shall be solely liable for any damage resulting from any infringement of copyright, trademark or other proprietary rights;
  • submit any User Content which contains a virus or other harmful components;
  • engage in activity that interferes with or disrupts the use of the Site by other users;
  • submit any User Content that encourages any illegal activities, or provides guidance or instructional activities about such illegal activities;
  • make any false representation, including impersonation of any person or entity or misrepresentation of your affiliation with any person or entity; or
  • make use of any User Content for commercial purposes, such as advertising any products or services, reselling or publishing the information posted or transmitted.

When submitting ANY User Content in ANY form to the Site, you are solely responsible for the content of any comments you make.  You agree that no comments submitted by you to the Site will:

  • violate any right of any individual, group, community or business, including but not limited to copyright, trademark, privacy, or other personal or proprietary rights;
  • be libelous or contain libelous or other otherwise unlawful, slanderous abusive, or obscene material, or constitute the misappropriation of trade secrets of any third party;
  • disparage the products or services of any third party; or
  • contain any personal information (other than your username).

Raspberry x Seven does not pre-screen, monitor or edit the User Content posted or submitted to the Site.  However, Raspberry x Seven reserves the right to edit, limit or remove any such User Content in its sole discretion.  Notwithstanding, you shall remain solely responsible for any User Content you submit or post.

Raspberry x Seven will not be responsible for the User Content or accuracy of any information, and shall not be responsible for any acts taken or decisions made based on such information.

Additional Terms

Raspberry x Seven reserves the right to amend, modify and supplement these Terms of Use from time to time as it sees fit with additional terms and conditions that govern certain information, content, products and services made available to you via the Site ("Additional Terms").  By accessing and using the Site, you accept and agree to comply with and be bound by such Additional Terms.  Please review these Terms of Use from time to time to ensure that you are aware of and understand any Additional Terms.

The Additional Terms and Raspberry x Seven’s Privacy Policy (located on the Site) are hereby incorporated by reference into these Terms of Use and form part of the legally binding agreement between you and us.  To the extent that there is a conflict between these Terms of Use and any Additional Terms, the Additional Terms shall govern.  These Terms of Use will remain in full force and effect as long as you are a user of the Site and, in the event of termination of any product, service or feature, you will still be bound by your obligations under these Terms of Use, the Privacy Policy and any Additional Terms.

Click-Through Agreements

Before you use certain areas of the Site, you may be asked to indicate your acceptance of certain special terms and conditions by clicking on a button marked "OK" or "I agree".  Any special terms and conditions to which you agree will supplement and amend these Terms of Use. 

Ownership of Intellectual Property Rights

The Site together with all trademarks and other intellectual property displayed, distributed, or otherwise made available via the Site, is the exclusive property of Raspberry x Seven, and its successors, assigns, licensors, and/or suppliers.  Unless you have agreed otherwise in writing with Raspberry x Seven, nothing in these Terms of Use gives you a right to use any of the Contents, Raspberry x Seven’s trademarks or other intellectual property of Raspberry x Seven.  You may not assign or transfer any of the Contents and you may not grant a license to use or access the Site to any party.

No information or statement contained in these Terms of Use or the Site shall be construed as conferring, directly or by implication, estoppel or otherwise, any license or right under any patent, copyright, trademark, or other intellectual property right of Raspberry x Seven or any third party.  You must not alter, delete, or conceal any copyright or other notices contained on the Site, including notices on any of the Contents that you are permitted to download, transmit, display, print, or reproduce from the Site.

Any unauthorized or prohibited use of any Contents may subject you to civil liability, criminal prosecution, or both, under applicable federal, provincial, state and local laws.

You may not create a link to the Site without Raspberry x Seven’s prior permission.  We may, however, if requested, grant a limited, nonexclusive right to create a link to the Site provided that such link does not portray Raspberry x Seven or any of its activities or services in a false, misleading, derogatory, or otherwise negative manner.

No Warranty

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND THAT THE SITE AND THE CONTENTS ARE PROVIDED "AS IS" AND "AS AVAILABLE."

IN PARTICULAR, RASPBERRY X SEVEN AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:

(a)            YOUR USE OF THE SITE WILL MEET YOUR REQUIREMENTS,

(b)            YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,

(c)            ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SITE WILL BE ACCURATE OR RELIABLE, AND

(d)            THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SITE WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RASPBERRY X SEVEN OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

RASPBERRY X SEVEN FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Limitation of Liability

SUBJECT TO SECTION 12 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT RASPBERRY X SEVEN, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:

(e)            ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT, LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; AND

(f)             ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:

(i)              ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SITE;

(ii)             ANY CHANGES WHICH RASPBERRY X SEVEN MAY MAKE TO THE SITE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SITE (OR ANY FEATURES WITHIN THE SITE);

(iii)            THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY USER CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SITE;

(iv)           YOUR FAILURE TO PROVIDE RASPBERRY X SEVEN WITH ACCURATE ACCOUNT INFORMATION;

(v)            YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.

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.

THE LIMITATIONS ON RASPBERRY X SEVEN'S LIABILITY TO YOU IN THIS SECTION SHALL APPLY WHETHER OR NOT RASPBERRY X SEVEN HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

Termination

We may terminate your use of the Site and/or access to the Contents, features, functionality, products and services made available in connection therewith, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.

If you want to terminate your account with Raspberry x Seven, you may do so by closing your account, where Raspberry x Seven has made this option available to you.

Raspberry x Seven may at any time, terminate your use of the Site if:

(g)            you have breached any provision of these Terms of Use (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms of Use);

(h)            Raspberry x Seven is required to do so by law (for example, where the provision of the Site to you is, or becomes, unlawful);

(i)              Raspberry x Seven is transitioning to no longer providing the Site to users in the country in which you are resident or from which you use the Site; or

(j)              the provision of the Site to you by Raspberry x Seven is, in Raspberry x Seven’s opinion, no longer commercially viable.

When these Terms of Use come to an end, all of the legal rights, obligations and liabilities that you and Raspberry x Seven have benefited from, been subject to (or which have accrued over time while the Terms of Use have been in force) or which are expressed to continue indefinitely, shall be unaffected by such termination.

Indemnification

You agree to indemnify, defend, and hold harmless Raspberry x Seven and its successors and assigns, and any of their respective officers, directors, employees, members, agents, representatives, licensors, advertisers, and suppliers from any liability, loss, claim, and expense (including reasonable legal fees) related to (a) your violation of these Terms of Use, and (b) your use of the Site.

We reserve the right to assume, at our sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement, or compromise, and you agree to fully cooperate with us in the defense of any such claim, action, settlement or compromise negotiations, as we may request. 

General

These Terms of Use, together with any Additional Terms and the Privacy Policy constitute the entire agreement between you and Raspberry x Seven relating to your use and our provision of the Site.

You agree that Raspberry x Seven may provide you with notices, including those regarding changes to these Terms of Use, by email, regular mail, or postings on the Site.

You agree that if Raspberry x Seven does not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or which Raspberry x Seven has the benefit of under any applicable law), this will not be taken to be a formal waiver of Raspberry x Seven’s rights and that those rights or remedies will still be available to Raspberry x Seven.

If any provision of these Terms of Use is held to be illegal, invalid or unenforceable, this will not affect any other provision of these Terms of Use and the agreement between you and us will be deemed amended to the extent necessary to make it legal, valid, and enforceable.

The laws of the Province of Alberta and the federal laws applicable therein shall govern these Terms of Use in all respects, without giving effect to conflicts of laws principles.

Except for a legal action by Raspberry x Seven to enforce its intellectual property rights, any dispute arising under this Agreement will be decided by binding arbitration to be held in Edmonton, Alberta by one arbitrator in accordance with the provisions of the Arbitration Act (Alberta) and the rules of the ADR Institute of Canada, Inc. The arbitrator shall have the discretion to award reasonable legal fees and costs to the prevailing party.  This agreement so to arbitrate and any other agreement or consent to arbitrate entered into in accordance herewith as provided in this paragraph will be specifically enforceable under the prevailing law of any court having jurisdiction. 

No e-mail address found on the Site may be harvested or otherwise used for purposes of solicitation.