Welcome to Canadian Voyager. These Terms of Service ("Terms") govern your use of the Canadian Voyager website (the "Site") and any services offered through the Site (collectively, the "Services").
By accessing or using the Site, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Site.
1. Agreement to Terms
By accessing or using our Site, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms or our Privacy Policy, you must not access or use the Site.
These Terms apply to all visitors, users, and others who access or use the Site. By accessing or using any part of the Site, you agree to be bound by these Terms. If you do not agree to all the Terms, then you may not access the Site or use any Services.
2. Definitions
In these Terms, the following definitions apply:
- "Account" means the account created by a User to access and use the Services.
- "Content" means any text, graphics, images, music, software, audio, video, information, or other materials appearing on or through the Services.
- "Order" means a request to purchase Products through the Services.
- "Products" means the fruits, vegetables, and other items offered for sale through the Services.
- "Subscription" means a recurring Order for Products at specified intervals.
- "User" means an individual who accesses or uses the Services.
- "User Content" means any Content that a User posts, uploads, publishes, submits, or transmits to be made available through the Services.
3. Account Registration and Use
3.1 Account Creation
To use certain features of our Services, you may need to register for an Account. When you register, you agree to provide accurate, current, and complete information and to update this information to maintain its accuracy. You are responsible for safeguarding your password and for all activities that occur under your Account. You agree to notify us immediately if you suspect any unauthorized use of your Account.
3.2 Age Requirement
You must be at least 18 years old to create an Account and use our Services. By creating an Account, you represent and warrant that you are at least 18 years old.
3.3 One Account Per User
You may not create more than one Account without our express permission. We reserve the right to terminate any duplicate Accounts.
3.4 Account Termination
We reserve the right to suspend or terminate your Account at any time for any reason, including but not limited to violation of these Terms. You may also terminate your Account at any time by contacting our customer service.
4. Content and Intellectual Property
4.1 Site Content
All Content included on the Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Canadian Voyager or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.
You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such Content and will not make any changes thereto.
4.2 Limited License
We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Content for personal, non-commercial purposes. This license does not include:
- Any resale or commercial use of the Site or the Content
- Any collection and use of any product listings, descriptions, or prices
- Any derivative use of the Site or the Content
- Any downloading or copying of account information for the benefit of another merchant
- Any use of data mining, robots, or similar data gathering and extraction tools
4.3 User Content
You retain all your ownership rights in your User Content. However, by submitting User Content to Canadian Voyager, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Site and Canadian Voyager's business, including without limitation for promoting and redistributing part or all of the Site in any media formats and through any media channels.
You represent and warrant that:
- You own the User Content or have the right to use it and grant us the rights and license as provided in these Terms
- The submission of your User Content does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person
4.4 Content Guidelines
You agree not to post User Content that:
- Is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable
- Harms minors in any way
- Impersonates any person or entity, including any of our employees or representatives
- Contains any advertising or solicitation
- Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment
5. User Conduct
While using the Site, you agree not to:
- Use the Site in any way that violates any applicable federal, provincial, local, or international law or regulation
- Use the Site to transmit or send unsolicited commercial communications
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site
- Attack the Site via a denial-of-service attack or a distributed denial-of-service attack
- Otherwise attempt to interfere with the proper working of the Site
- Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site
- Use any device, software, or routine that interferes with the proper working of the Site
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful
6. Links to Other Websites
Our Site may contain links to third-party websites or services that are not owned or controlled by Canadian Voyager.
Canadian Voyager has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Canadian Voyager 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 the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
7. Disclaimer of Warranties
THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, SERVICES, AND PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. CANADIAN VOYAGER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, SERVICES, OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, UNLESS OTHERWISE SPECIFIED IN WRITING.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CANADIAN VOYAGER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CANADIAN VOYAGER DOES NOT WARRANT THAT THE SITE, ITS SERVERS, OR EMAIL SENT FROM CANADIAN VOYAGER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
8. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CANADIAN VOYAGER, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
- YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE
- ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE
- ANY CONTENT OBTAINED FROM THE SITE
- UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT
WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, 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.
9. Indemnification
You agree to defend, indemnify, and hold harmless Canadian Voyager, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to, your User Content, any use of the Site's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Site.
10. Modifications to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will 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.
By continuing to access or use our Site after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Site.
11. Governing Law
These Terms shall be governed and construed in accordance with the laws of Ontario, Canada, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
