Website Terms and Conditions
Welcome to the official website (the “Website”) of Jag’s Furniture & Mattress. (“Jag’s”). Please read these Website terms and conditions (this “Agreement”) carefully as they govern your access and use of the Website. Please note that your use of the Website constitutes your agreement to follow and be bound by the terms of this Agreement. If you do not agree to this Agreement, please do not use this Website. Jag’s may revise this Agreement at any time, at its sole discretion, by posting an amended Agreement on the Website. Any changes that Jag’s makes to this Agreement will be effective immediately upon posting.
1.Ownership. The Website and all of its information and contents, such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, graphics, software and the HTML used to generate the pages (collectively, “Materials and Content“), is the property of Jag’s and its suppliers and licensors and is protected under applicable patent, copyright and/or trademark law. The names and logos identifying the Website and Jag’s and its products and services are either trademarks of Jag’s or trademarks which Jag’s is licensed to use.
2.Permitted and Prohibited Uses. This Website may be used only for lawful purposes and is available only for your personal, non-commercial use, which shall be limited to viewing the Website, purchasing products and services from the Website, providing information to the Website, and printing pages containing product and information for your personal review, provided that you do not modify any of the pages and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. You may not use the Website if you live in a jurisdiction where access to or use of the Website may be illegal or prohibited by applicable law. You agree that any other use of the Material and Content is strictly prohibited and you agree that you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, commercially exploit or create derivative works of or distribute any Materials and Content from this Website in whole or in part, for any purpose without the specific prior written permission of Jag’s.
3.Termination. Jag’s shall be entitled to terminate your permission to use the Website and/or shall be entitled to terminate the operation of the Website at any time, without notice.
4.Your Conduct. You warrant and undertake that in your use of the Website you shall:
- -Use the Website only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use of the Website by, any third party;
- -Not engage in any conduct which is unlawful, or which may harass or cause distress or inconvenience to any person;
- -Not transmit or distribute any material or information which contravenes any applicable law or any person’s legal rights;
- -Not post any information which is incomplete, false, inaccurate or not your own;
- -Not interfere in any way with the Website’s or Jag’s networks or network security, or attempt to use the Website’s service to gain unauthorized access to any other computer system;
- -Not access data that is not intended for you;
- -Not log on to a Jag’s server or account, unless you have been authorized to access same;
- -Not probe, scan or test the vulnerability of a system or network or breach or attempt to breach security or authentication measures;
- -Not interfere or interfering with the operation of the Website, Jag’s provision of services to any other visitors to the Website, Jag’s hosting provider or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding”, “mailbombing” or “crashing” the Website;
- -Not forge any TCP/IP packet header or any part of the header information in any e-mail or transmission or posting to Jag’s Website; and
- -Use current virus monitoring software when using the Website.
Violations of system or network security may result in civil or criminal liability. Jag’s will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations.
5.Inaccuracies. Jag’s endeavors to present the most recent, most accurate, and most reliable information on the Website at all times. However, there may be occasions when some of the information may contain incomplete data, typographical errors, or inaccuracies, including incorrect specifications for products or services. Jag’s presents the Materials and Content “as is” and Jag’s makes no claims to its accuracy, either expressed or implied. Jag’s reserves the right to amend errors or to update product and service information at any time without prior notice. Jag’s does not warrant that the Materials and Content including, without limitation, product and service descriptions or photographs, is accurate or complete. In the event a product or service is listed at an incorrect price due to error, Jag’s shall have the right to refuse any orders made for products or services listed at the incorrect price.
6.Colours. Jag’s has made every reasonable effort to display as accurately as possible the colours of products that appear on the Website. However, as the actual colours of the products may vary. Variations may exist in the actual colour of the products. Additionally, your computer monitor may inaccurately display the colour. For these reasons, Jag’s cannot guarantee that the colour of the products will be accurately displayed on the Website.
7.Sizes. Product dimensions listed on the Website may be approximate.
8.Availability. This Website displays products available for purchase in Canada, however not all products are available at all times and products may be changed, substituted or discontinued at any time, without notice. Due to our very large selection of furniture not every product displayed on our wesbite is available for viewing in our showrooms. Our wesbite products labelled as ‘ Available: In-store Only ‘ is used to describe that the product is available for purchase in our stores and not online. Many featured items are selected in limited quantities, may not be available for purchase on this Website or in all of Jag’s stores. Products are only available while supplies last. Jag’s reserves the right to limit quantities of products available for purchase.
9.Pricing Information. The prices displayed on the Website are quoted in Canadian Dollars and are valid and effective only within Canada, and such prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price, or in some cases you may be instructed to contact the store for shipping rates. You are responsible for the payment of any shipping and handling charges and taxes that may apply to your order. Products and services purchased through the Website must be paid for by Visa, MasterCard, American Express or Paypal. Some of Jag’s stores may also have different prices or promotional events at different times. Jag’s cannot confirm the price of a product until your order is accepted by it.
10.Advertisements, Order Acceptance and Payment. Any advertisements on the Website are invitations to you to make offers to purchase products and services and are not offers to sell. Your properly completed and submitted online order constitutes your offer to purchase the products and services selected in your order. Your order will be deemed to be accepted only if and when Jag’s sends a notice of acceptance of your order by email to your email address. The total price of your order will be charged to your credit card at the time of Jag’s acceptance of your order.
11.DISCLAIMER. THE WEBSITE AND THE MATERIALS AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT REPRESENTATION, TERM, CONDITION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY LAW, CUSTOM OR OTHERWISE) IN RESPECT OF THE WEBSITE AND/OR THE MATERIALS AND CONTENT. JAG’S AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND THEIR RESPECTIVE AGENTS DISCLAIM ALL REPRESENTATIONS, TERMS, CONDITIONS AND WARRANTIES INCLUDING BUT NOT LIMITED TO, THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES, WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. JAG’S DOES NOT WARRANT THAT THE WEBSITE OR ITS FUNCTION OR THE CONTENT AND MATERIALS OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. JAG’S MAKES NO WARRANTY THAT THE WEBSITE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
12.EXCLUSION OF LIABILITY. NEITHER JAG’S NOR ANY OF ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE WEBSITE OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE WEBSITE, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, BUSINESS, MARKETS, SAVINGS, INCOME, PROFITS, USE, PRODUCTION, REPUTATION OR GOODWILL, ANTICIPATED OR OTHERWISE, OR ECONOMIC LOSS, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OR LAW OR EQUITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING WITHOUT LIMITATION GROSS NEGLIGENCE AND FUNDAMENTAL BREACH) BY JAG’S OR ANY PERSON FOR WHOM JAG’S IS RESPONSIBLE EVEN IF JAG’S HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE BEING INCURRED. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE.
13.EXCLUSIVE REMEDY. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO JAG’S FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OR LAW OR EQUITY, REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING WITHOUT LIMITATION GROSS NEGLIGENCE AND FUNDAMENTAL BREACH), ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE WEBSITE OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE WEBSITE SHALL BE $100.
14.Application of Sections 11, 12 and 13. Some jurisdictions do not allow some or all of the limitations set forth in Sections 11, 12 and 13, so some or all of these provisions may not apply to you.
15.Indemnification. You agree to indemnify, defend, and hold harmless Jag’s, its officers, directors, employees, agents, affiliates, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from (a) any violation of these terms and conditions, (b) any allegation that any information or material submitted by you to Jag’s violates any intellectual property, proprietary, contract, or other right of any third party, or (c) any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Website using your account.
16.Linking, Framing and Data Mining. Jag’s makes no representations whatsoever about any other websites which you may access through the Website or which may link to the Website. Links to the Website without the express written permission of Jag’s are strictly prohibited. When you access any other website you understand that it is independent from Jag’s and that Jag’s has no control over the content or availability of that website. In addition, a link to any other site does not mean that Jag’s endorses or accepts any responsibility for the content, or the use of, such a website and shall not be liable for any loss, damage or offense caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. The framing, mirroring, scraping or data-mining of the Website or any of its content in any form and by any means is strictly prohibited.
18.Canada. Unless otherwise specified, the Materials and Content on the Website are displayed solely for the purposes of promoting Jag’s products available in Canada and Jag’s makes no representation that any products or services referred to in the Website are appropriate for use in or available for delivery to other locations outside of Canada. Those who choose to access the Website from other locations are responsible for compliance with local laws if and to the extent local laws are applicable.
19.Contests. From time to time Jag’s may make contests available on the Website. All contests are governed by this Agreement and the applicable contest rules. By participating in a contest through the Website, you signify your agreement and acceptance of this Agreement and the applicable contest rules.
21.Severability. If any of term or condition of this Agreement should be determined to be illegal, invalid or otherwise unenforceable, then to the extent such term or condition is illegal, invalid or unenforceable, it shall be severed and deleted from this Agreement and the remaining Agreement shall survive, remain in full force and effect and continue to be binding and enforceable.
22.Amendments and Waivers. No amendment or waiver of any provision of this Agreement shall be binding on either party unless consented to in writing by such party. No waiver of any provision of this Agreement shall constitute a waiver of any other provision, nor shall any waiver constitute a continuing waiver unless otherwise provided.
23.Force Majeure. Jag’s shall not be liable for any breach of this Agreement by it or failure to complete an order for products and services to the extent that such breach or failure arises from any act of God, war, national emergency, act of terrorism, riot, civil commotion, fire, explosion, flood, storm, epidemic, power outage, fuel shortage or any other similar cause beyond the reasonable control of Jag’s.
24.Applicable Law. This Agreement shall be construed, interpreted and enforced in accordance with, and the respective rights and obligations of the parties shall be governed by, the laws of the Province of BC and the federal laws of Canada applicable therein, and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of such province and all courts competent to hear appeals therefrom.
26.Language. The parties hereto have expressly requested that this Agreement and all related documents be drafted in English. Les parties aux présentes ont expressément requis que les présentes et tout document