Terms & Conditions of Use
Last update: August 28, 2015
Nasri International Inc. (“Nasri”, “we”, “us”, “our”) is happy to welcome you on its website www.everydaysunday.ca (the “Website”). Any reference to this Website shall constitute reference to all the web pages starting with the address www.everydaysunday.ca.
For the purpose of these Website Terms and Conditions of Use (“Website Terms”), any reference made to Nasri is taken to include its affiliated and related companies as well as their respective directors, shareholders, managers, employees, agents, and other representatives.
- ACCEPTANCE OF THE TERMS AND CONDITIONS; MODIFICATIONS WITHOUT NOTICE
- Please read these Terms and Conditions of Use (the “Terms and Conditions”) carefully before using this Website or any service provided by this Website (the “Services”) or accessing its content. These Terms and Conditions govern your access to and use of the Website.
- If, for any reason, you do not agree with the Website’s Terms and Conditions, please do not use the Website and cease its use immediately.
- Modifications of Terms and Conditions
We can decide, at our sole discretion, to add, remove, modify or otherwise change these Terms and Conditions, in part or in whole, at any time. The modifications will take effect as soon as notice is given on the Website. Please check these Terms and Conditions frequently to see if they have been updated by referring to the “Last update” indicated at the top of this document. We may, but are not obligated to inform you of the change in Terms and Conditions by email or by regular mail. Accessing or using this Website after the modifications have been posted constitutes your recognition and acceptance of these Terms and Conditions as they have been modified. If you do not agree with the modifications made to these Terms and Conditions, you must cease to use the Website immediately. In the event of any dispute concerning these Terms and Conditions, the version of these Terms and Conditions in effect at the time the disputed actions took place shall govern the dispute.
- PURPOSE OF THE WEBSITE
- PURPOSE OF THE WEBSITE
The main purpose of this Website is to offer for sale and provide information on products and services offered by Nasri, mainly in association with its trademark Everyday Sunday. The information presented herein is for informative purposes only. Sale of products on this Website may be subject to additional conditions that will be communicated to you at the time of purchase, including the Terms and Conditions of Sale.
While Nasri makes reasonable efforts to ensure that all information and services provided on this Website is accurate and up-to-date, it is possible that, at any given time, this information may be incomplete, contain errors or be out of date or inaccurate. You agree that Nasri shall not be liable for any errors or omissions on this Website, including those related to product description, price and availability. We reserve the right to correct, change or update the information contained in this Website at all times and without prior notice.
- USE OF THE WEBSITE AND ITS CONTENT
- Registration, user account and password
To access certain sections of the Website, including to make a purchase, we may ask you to create a user account and to fill an online registration form. In this regard, you agree to provide true, accurate, current and complete information as requested on the registration form to which this Website may direct you to and to update that registration information as soon as possible after any information on such registration form changes. Upon registration, you may choose or be given a password or username. You alone are responsible for keeping that password and username confidential, and for any and all activity that occurs on this Website under such password or username. You agree to immediately notify Nasri of any known or suspected unauthorized use of your password or username or any other breach of security with respect to your account with us as soon as you are aware of them.
All the Content of this Website, including data, photographs, images, audio files, video files, software, trademarks, logos and text is owned by Nasri and/or the third parties who have granted licenses (collectively the “Content”). The Content of this Website is protected by copyright and other intellectual property laws under Canadian and foreign laws.
- Use of Website
Subject to your compliance with these Terms and Conditions, Nasri agrees to grant you a limited, non-exclusive, non-transferable right to access, use, display and view this Website and its Content for informational purposes or to purchase products available for sale on the Website. You agree not to interrupt or attempt to interrupt the operation of this site in any way. You agree not to challenge the validity of Nasri’s intellectual property rights to the Website or its Content. You have the right to consult, download and print the Content of this Website for personal and non-commercial use. This authorization is only valid on the condition that you: (i) retain all copyrights and proprietary notices contained in the Content, including copyrights and trademarks, and that you indicate the source of the Content, like the URL address of said Content, (ii) do not modify the Content in any way, (iii) do not reproduce or display, perform, or distribute or otherwise use publicly or communicate the Content for any commercial purpose unless it has been expressly permitted in the features of the Website. All licenses granted to you in connection with this Website and the Content shall immediately terminate if you breach any of these Terms and Conditions, including the foregoing restrictions. Upon such termination, you agree to immediately cease any use of this Website and the Content.
By using this Website, you agree to comply with the Canadian and foreign laws on intellectual property and to prevent any unauthorized copying of the Content. Except as stated otherwise herein, Nasri does not grant you any right under its patents, copyrights, trademarks, or other intellectual property rights. The uses of the Website and its Content that are allowed by Nasri by the present Terms and Conditions are limited and you may not otherwise use, modify, copy, reproduce, publish, display, transmit, distribute, execute, create derivative works, transfer or sell a part, or all of the Content without express authorization in writing by Nasri. To obtain a written authorization to use the Content of this Website for other purposes that the ones expressly specified in these Terms and Conditions, please contact us.
- Links and other integrated websites
Certain links on this Website may take you to other applications or websites owned by third parties including social networking websites, owned and operated by third parties (collectively, the “Third Party Applications”). If you use those Third Party Applications, you are leaving this Website. We do not take responsibility for the content, advertising, products, services or other materials made available through those Third Party Applications. Notably, Nasri accepts no responsibility or liability whatsoever arising from the use of links to Third Party Applications or from information provided or distributed through them. You assume full responsibility for your use or access of Third Party Applications and it is your responsibility to take every necessary precaution. Those Third Party Applications are subject to conditions different from those applicable to this Website. Accordingly, it is your duty to consult them.
We may also, from time to time, offer and/or co-sponsor contests, promotions and games on the Website. Each of these activities will be ruled by its own set of rules, available on the Website on which the promotion is offered or when you enter the contest. You must read the rules applicable to those activities since they may differ from these Terms and Conditions.
- E-mail, postings and sharing services
Certain sections of the Website allow you to send private emails and/or offer you the opportunity to share your opinion on a discussion forum, blog, or any other section of the site where users may contribute to the Content or generate content (the “Forums”). You are entirely responsible for the content of the messages you disseminate through our Website, as well as for the consequences of said messages. Notably, you are responsible to ensure that your contributions to the Forums are not in violation with any applicable laws or with the rights of third parties, including without limitation the rights of third parties to trademarks and copyrights. You are not allowed to post information that belongs to or is a trade secret of a third party. Your postings to the Website must not be offensive or harassing. Nasri may, but is not obligated to, monitor and control the activities and the content of all communications on the Forums. Nasri reserves the right to terminate the right of any user to post on the Forums in the event that Nasri believes, at its sole discretion, that the user’s contributions to the Forums are not appropriate. The information and the content that you share or post can be seen by other users of the Website. You consequently grant Nasri a full, irrevocable access as well as a right and transferable license to use your contributions to the Forums as Nasri wants, including but not limited to, copying, reproducing, completely erasing, adapting, publishing, communicating to the public by telecommunication all or a part of your contributions to the Forums as well as translating, creating derivative works and/or distributing your contributions and/or incorporating your contributions in any shape, mean, or technology anywhere in the world and, in every case, without any remuneration for yourself.
- MODIFICATIONS AND ACCESSIBILITY TO SERVICES
- We may terminate, modify, suspend or discontinue any feature of the Website, including (i) to modify the availability of one of other features, at all times, without notice or liability, (ii) to impose limits to certain features or limit your access to parts or the entire Website without notice or liability for any reason. We also reserve the right, without being required to and at our sole discretion, to correct any error or omission in any part of the Website, at all times, without notice.
- NO WARRANTIES, LIMITATION OF LIABILITY AND INDEMNIFICATION
- Warranty Exclusion
You recognize that you are using this Website and its Content (including without limitation Third Party Applications and Forum) at your own risk. To the fullest extent permitted by law, we specifically disclaim any liability of any nature regarding to the Website, which is provided to you “AS IS”.TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY EXPRESSLY DISSOCIATE OURSELVES FROM ALL DECLARATIONS, WARRANTIES, AND CONDITIONS, INCLUDING THOSE ARISING FROM APPLICABLE LAW OR OTHERWISE PURSUANT TO THE MARKET OR IN THE ORDINARY COURSE OF BUSINESS, AND DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE CONTENT (INCLUDING WITHOUT LIMITATION THIRD PARTY APPLICATIONS AND ANY FORUM), THE WEBSITE, THE PRODUCTS SOLD ON THE WEBSITE AND YOUR USE OR INABILITY TO USE THE WEBSITE OR ANY CONTENT, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES AND REPRESENTATIONS OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-VIOLATION OF RIGHTS PERTAINING TO THIRD PARTIES. WE DO NOT WARRANT THAT THIS WEBSITE WILL CONTINUE TO OPERATE OR THAT IT WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER.
- Limited liability and Damages Exclusion
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT NASRI, ITS AFFILIATES, AND THEIR RESPECTIVE OWNERS, OFFICERS AND DIRECTORS SHALL NOT BE HELD RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSSES OR DAMAGES, INCLUDING DIRECT, INDIRECT, INCIDENTIAL, EXEMPLARY, SPECIAL, CONSEQUENTIAL OR OTHER TYPE OF DAMAGE (INCLUDING DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR DATA, LOST PROFITS, OR REPUTATIONAL HARM) ARISING FROM THE ACCESS TO OR USE OF THIS WEBSITE, ITS CONTENT OR OF A THIRD PARTY APPLICATION OR ARISING FROM THE INABILITY TO USE OR ACCESS THIS WEBSITE OR A THIRD PARTY APPLICATION, WHETHER WE HAVE BEEN ADVISED OR NOT OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE WHATSOEVER OR THAT SUCH A LOSS OR DAMAGE WAS REASONABLY FORSEEABLE, AND WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER THEORY.IN ALL CASES, TO THE EXTENT ANY LIABILITY TO YOU IS FOUND WITH RESPECT TO ANY OF THE FOREGOING, YOU AGREE THAT NASRI’S TOTAL CUMULATIVE LIABILITY FOR SUCH DAMAGES OF ANY TYPE IS LIMITED TO USD$100.
By the present agreement, you agree to defend, indemnify and hold harmless Nasri in the case wherein a lawsuit is launched against the said company arising out of the violation of these Terms & Conditions by you.
- Compliance with the law
THE LAWS ENFORCED IN CERTAIN STATES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF STATUTORY OR IMPLIED WARRANTIES, LIABILITY OR CERTAIN DAMAGES AND/OR REPRESENTATIONS AND WARRANTIES REGARDING THE PRODUCTS AND/OR SERVICES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS IN THIS SECTION 5 MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
- PROTECTION OF PRIVACY
- WEBSITE MONITORING
- The Website contains trademarks owned by Nasri or its licensors. Trademarks owned by third parties are used by the Website under a license granting rights to Nasri, not to you. You have no license to use the trademarks found on this Website.
- LIMITATION OF ACCESS AND TERMINATION
- These Terms and Conditions are effective for the duration of your use of the Website. Parties can terminate the contract constituted in these Terms and Conditions at any time. You may terminate by ceasing permanently your access and use of the Website. Upon termination, you lose the right to access or use the Website and you must cease to use your user account. If you continue to use your user account or re-start your access and use of the Website at any time, you consent that these Terms and Conditions apply. The following stipulations will survive the termination of these Terms and Conditions: sections 1 (Acceptance of the terms and conditions; Modifications without notice), 3.2 (Ownership), 3.5 (Links and other integrated websites), 5 (No Warranties, Limitation of Liability and Indemnification), 9 (Limitation of access and termination), 10 (Applicable law), and 12, except 12.4 (General provisions).
- APPLICABLE LAW, ARBITRATION
- Unless the laws of your jurisdiction require that it be the laws of your jurisdiction that should govern these Terms and Conditions, these Terms and Conditions will be governed and interpreted by the applicable internal laws of the State of New York, USA. To the extent permitted by applicable law, you and we both agree that all disputes regarding the Website, the Content, any Forum or Third Party Application, or these Terms and Conditions shall be exclusively submitted to arbitration in New York City, NY before a single arbitrator selected by the American Arbitration Association.
- The Website and the sale of products will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. Further, you also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to this contract and is hereby disclaimed.
- GENERAL PROVISIONS
- Entire agreement
If any provision of these Terms and Conditions is found to be unlawful, void or unenforceable for any reason whatsoever, you and we accept to remove the unlawful, void or unenforceable part and it will not affect the validity and enforceability of the other provisions of these Terms and Conditions.
You may not assign these Terms and Conditions to a third party without the prior consent of Nasri. Nasri may assign, transfer or delegate its rights and obligations under these Terms and Conditions without your consent.
- Limited offer
The Website may list or mention Nasri’s or third parties’ products, programs and services which may not be currently offered in your country. Any mention of these products relating to a different territory does not oblige Nasri in any way to offer these products in your country at any time.
The delay or failure of Nasri to act with regards to any failure on your part to comply with these Terms and Conditions does not constitute a waiver on the part of Nasri. Except where otherwise provided by law, Nasri will not be liable for any delay or failure to fulfill any of its obligations hereunder if that delay or failure is caused by an event beyond its control.
- Reservation of rights
Nasri hereby reserves the rights which have not been expressly granted to you by these Terms and Conditions of Use.