Last Revised: June 20, 2018
BOOK N BRUNCH INCORPORATED together with its subsidiaries and affiliates (“us”, “we” and/or “Company”) welcomes you to www.booknbrunch.com (the“Site”).
Subject to applicable law, we reserve the right, in our sole and absolute discretion, to modify all or any portion of this Agreement at any time without incurring any liability or obligation whatsoever to you or any other person or entity. If we do this, we will post the changes to this Agreement at least thirty (30) days before the amendment comes into effect, and will indicate at the top of this page the date this Agreement was last revised. In addition, if you have registered for an account we will provide you notice using email and/or your mailing address, or any other contact information we have for you in our discretion, and setting out the new clause, or the amended clause and how it read formerly, and the date on which the change will come into effect. You may refuse the amendment and rescind, or cancel your participation without cost, penalty or cancellation indemnity, by sending us notice to that effect no later than thirty (30) days after the amendment comes into force, using the information in the notice. To the fullest extent permitted by applicable law, your continued access to and/or use of any Site after the date specified in such notice constitutes your full acceptance of, and agreement to be legally bound by, the terms of this Agreement, as revised.
You hereby acknowledge and agree that we reserve the right at any time to modify or discontinue the whole, or any part of, the Site, without notice, and that we will not be responsible or liable, directly or indirectly, to you or any other person or entity for any loss or damage of any kind incurred as a result of any such modifications or discontinuance.
Certain features and/or portions of this Site are password-protected and require you to complete a registration process in order to obtain access to, and/or participate in, BooknBrunch events and other activities. When registering with us to use any such features and/or portions of the Site, you agree: (i) that you will provide complete and accurate information about yourself (and, if you are a host, your event) (and, if you are a venue provider, your establishment); and (ii) to update such information as it changes. In the event that you do not provide or update such information, or we have reasonable grounds to suspect that you have not provided or updated such information, we shall have the right, in our sole and absolute discretion, to disable your password and prevent you from using the Site, or any such features of the Site. It is your responsibility to keep the password provided to you confidential and secure. In the event that your username or password is used without your consent or that you discover any other breach of security, you agree to promptly notify us at firstname.lastname@example.org. We are not responsible for your failure to comply with this clause, or for any delay in shutting down your account after you have reported a breach of security to us. You are solely responsible for any and all activities which occur in connection with your account.
Certain features of the Sites may or may in the future allow you to make a purchase. You may only make purchases through the Site if you are over the age of legal majority in your jurisdiction of residence. This may include allowing you to purchase a spot at a BooknBrunch event. However, please note that in certain circumstances an event may not proceed and, in such circumstances, we reserve the right in our sole and absolute discretion to cancel your purchase transaction (“ Order”). In the event we cancel your Order, we will notify you, and you will receive a refund in respect of your Order. Unless otherwise indicated, all dollar amounts on the Site are in Canadian Dollars.
All Orders made through the Site are subject to the terms and conditions of this Agreement, as well as any other applicable terms and conditions outlined on the Site relating to the Order (including without limitation as may be stipulated by a third party service provider, such as Amazon.com.ca, Inc., Stripe Payments Canada, Ltd. or their respective affiliates). Pricing and other terms and conditions relating to the purchase, return, refund, or delivery of your Order may be changed at any time without notice. Prices may differ from those for purchases made through other channels. You have a legal obligation to pay for any Orders indicated to be made by you. By completing an Order through the Site, you are agreeing to pay, in full, the prices and all applicable taxes, and, if applicable, the specified shipping and handling and other fees in relation to your Order, either by credit card or other permitted payment method. Payments are processed by a third party service provider (including without limitation Amazon.com.ca, Inc., Stripe Payments Canada, Ltd. and their respective affiliates). With respect to purchases initiated from the Brookstore (which, for greater certainty, are not purchases made from us, but rather are purchases made from Amazon.com.ca, Inc. or its affiliates), please note that we are a participant in the Amazon Associates Program, an affiliate advertising program designed to provide a means for us to earn fees by linking to Amazon and affiliated sites.
We reserve the right, in our sole and absolute discretion, to change the permitted methods of payment, including without limitation, the credit cards and/or other types of payment options we are able to accept, at any time. We reserve the right, in our sole and absolute discretion, to change the prices offered on the Site at any time. Payment is made at the time you place your Order. If complete payment for your Order is not received and verified by us, your Order will not be processed. If you do not complete or improperly complete your Order it may not be accepted or acknowledged.
Except as required by applicable law, Orders made through the Site are non-refundable, except as explicitly outlined on the Site and subject to the applicable terms and conditions outlined on the Site.
In order to complete an Order through the Site, you may be required to provide certain additional information that is required to process your Order. For example, you will be required to provide valid payment information (e.g. a valid credit card number and expiration date) to facilitate payment of your Order.
Without limiting the generality of any other section of this Agreement, we reserve the right to limit or refuse any Order you place with us. Further, we reserve the right to verify the validity of all Orders and/or cancel any Order if we find evidence of fraud, tampering and/or any other violation of the terms and conditions of this Agreement and/or the terms and conditions applicable to an Order. We may, in our sole and absolute discretion, limit or cancel quantities purchased per person, per household or per Order. These restrictions may include Orders placed by the same credit card, and/or Orders that use the same billing and/or shipping address.
Information (including, but not limited to, information relating to product descriptions, pricing, promotions, offers, and/or availability) provided by us in relation to the Site are believed to be accurate at the time of publication. Unfortunately, however, there may sometimes be information on the Site that contains typographical errors, inaccuracies, or omissions. We reserve the right, in our sole and absolute discretion, to correct any such errors, inaccuracies or omissions and to change or update information or cancel Orders if any information on the Site is erroneous or inaccurate, at any time and without prior notice (including after you have submitted your Order).
All Orders are subject to verification at any time and for any reason. We reserve the right, in our sole and absolute discretion, to require proof of identity (in a form acceptable to us): (i) for the purposes of verifying the legitimacy of any Order and/or other information; and/or (ii) for any other reason we deem necessary, in our sole and absolute discretion, for the purposes of fulfilling an Order in accordance with our interpretation of the terms and conditions of this Agreement.
Certain features and/or portions of this Site may (or may in the future) permit you to upload, post or otherwise transmit content that you have created (including without limitation if you are a host or a venue provider) (the “ User Content”).
Certain features and/or portions of this Site may (or may in the future) permit you to personally attend BooknBrunch events and other activities (the “ Live Events”).
The Site consists of various graphics, texts, icons and buttons that have been provided by Company and/or other entities under our direction (e.g. site designers). All such content is owned by Company and/or the applicable third party entity. For greater certainty, Company and applicable third party entities hold all right, title, and interest in and to any and all content provided by such parties for the Site, including, without limitation, all such information in text, graphical, video and audio formats, images, icons, designs, trade-marks, brand names and software (collectively, the “ Site Content”).
Certain names, graphics, logos, icons, designs, words, titles or phrases contained within the Site may constitute trade names, registered or unregistered trade-marks or service marks (including without limitation BooknBrunch logos and trade-marks) (collectively, “ Trade-marks”) of Company or other entities. Trade-marks may be registered in Canada and in other countries as applicable. All Trade-marks not owned by Company are the property of their respective owners, and, where used by Company are used under license or with permission. All Trade-marks are and shall remain the sole and exclusive property of their respective owner(s). Any use of such Trade-marks, except as expressly provided for herein, without the express written consent of the applicable owner is strictly prohibited. Nothing contained herein or on this Site may be construed as granting, by implication, estoppel, or otherwise, any license to use any Trade-mark(s). You agree that you will not take any actions inconsistent with Company ownership of, or any third party’s ownership of, the Trade-marks.
Certain features and/or portions of this Site permit you to upload, post or otherwise transmit User Content. By using any such features and/or portions and providing User Content, you are giving Company permission to forever use any User Content you submit on or through the Site.
By using the Site and providing User Content, you hereby: (i) grant to Company a world-wide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, non-exclusive, and unrestricted license to copy, reproduce, adapt, transmit, publish, perform in public, edit, modify, publicly display, distribute, translate and otherwise use and create compilations and derivative works from, any and all User Content (in any format or media) that you post on, upload or otherwise submit to or through, the Site; and (ii) waive all moral rights in and to all User Content that you post on, upload or otherwise submit to or through, the Site in favour of Company (and any third party authorized by Company to access and use the Site). For greater certainty, this means that, among other things, Company has the right to use any and all ideas you submit (including ideas about our products, services, publications or advertising campaigns) in any manner that we choose, without any notice or obligation to you whatsoever.
Without limiting the generality of the foregoing, you hereby grant to each user of the Site a world-wide, perpetual, irrevocable, royalty-free, non-exclusive license to share any and all User Content (in any format or media) that you post on, upload or otherwise submit to or through, the Site via any share functionality that may be available on the Site.
By using the Site and providing User Content, you hereby acknowledge, agree, warrant and represent to Company, its affiliates, third party service providers, representatives, agents and each of their respective and each of their respective officers, directors, employees, licensees, successors and assigns (collectively, the “ Site Parties”) that any and all User Content (in any format or media) you post on, upload to or otherwise submit to or through, the Site:
Without limiting the generality of the foregoing, you also hereby acknowledge, agree, warrant and represent to the Site Parties that:
While we are under no legal obligation to actively screen or edit User Content, we reserve the right, in our sole and absolute discretion, to modify, edit or remove any User Content, or to request a User to modify or edit his or her User Content, if a complaint or notice of allegedly infringing materials is received with respect to the User Content, or for any other reason.
To complain about User Content and/or to provide notice of allegedly infringing materials on the Site, please contact us at: email@example.com.
TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, THE SITE AND ALL INFORMATION CONTAINED ON OR ACCESSED FROM THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE SITE PARTIES MAKE NO REPRESENTATION OR WARRANTY THAT: (I) THE SITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND SOFTWARE; (II) THE SITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR ERROR; (III) THE USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF ANY VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE, INTRUSIVE OR DISRUPTIVE COMPONENTS; (IV) THE TRANSMISSION OF INFORMATION TO AND FROM THE SITE WILL BE SECURE; (V) THE USE OF THE SITE WILL NOT INFRINGE THE RIGHTS (INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; (VI) THE USE OF THE SITE WILL NOT CAUSE ANY DAMAGE TO YOUR COMPUTER SYSTEMS, SOFTWARE OR ELECTRONIC FILES; AND (VII) PARTICIPATION IN ANY SITE-RELATED ACTIVITY (INCLUDING WITHOUT LIMITATION ANY LIVE EVENT HOSTED BY ANY PERSON OR ENTITY) IS SAFE.
COMMENTS OR OPINIONS EXPRESSED ON THE SITE AND AT LIVE EVENTS ARE THOSE OF THE APPLICABLE PARTICIPATNT ONLY. THE VIEWS EXPRESSED ON THE SITE, AT LIVE EVENTS AND IN USER CONTENT DO NOT NECESSARILY REPRESENT OR REFLECT THE VIEWS OF COMPANY. THE SITE PARTIES ARE NOT RESPONSIBLE FOR, AND DISCLAIM ALL LIABILITY IN RELATION TO, COMMENTS OR OPINIONS EXPRESSED AT LIVE EVENTS AND THE USER CONTENT POSTED, UPLOADED OR OTHERWISE SUBMITTED TO OR THROUGH THE SITE.
ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE SITE ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION ON THE SITE IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.
THE SITE PARTIES WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES WHATSOEVER ARISING FROM, CONNECTED WITH, OR RELATING TO LIVE EVENTS, THE SITE OR PARTICIPATION IN ANY LIVE EVENT OR SITE-RELATED ACTIVITY (INCLUDING WITHOUT LIMITATION ANY LIVE EVENT HOSTED BY ANY PERSON OR ENTITY). YOU EXPRESSLY ACKNOWLEDGE THAT COMPANY HAS ENTERED INTO THIS AGREEMENT WITH YOU AND MAKES THE SITE AVAILABLE TO YOU, IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND COMPANY. YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN WILL SURVIVE, AND CONTINUE TO APPLY IN THE CASE OF A FUNDAMENTAL BREACH OR BREACHES, THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY, OR TERMINATION OF THIS AGREEMENT.
The transmission of data or information over the internet or other forms of networks may not be secure, and is subject to possible loss, interception or alteration while in transit. The Site Parties do not assume any liability for any damage you may experience or costs you may incur as a result of any electronic transmissions over the internet or otherwise within the Site, such as transmissions involving the exchange of electronic messages of any kind (including those which may contain your personal information). In no event will the information you provide on or through the Site be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without your consent. While every effort is made to ensure that all software provided on the Site is suitable for use on a wide variety of computer systems, you should take reasonable and appropriate precautions to scan for computer viruses, and ensure compatibility of the software with your specific computer system. You should ensure that you have a complete and current backup of the information contained on your computer system prior to installing any such software.
Facts and information provided by Company on the Site are believed to be accurate when placed on the Site. Changes may be made at any time to the information at this Site without prior notice. Please consult Company for complete and up-to-date information on products and services.
To the fullest extent permitted pursuant to applicable law, these Terms, and all related matters shall be governed solely by the laws of the Province of Ontario, Canada and the applicable federal laws of Canada, without regard to the conflicts of law provisions of any jurisdiction. You hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario in the City of Toronto in relation to all disputes arising from or related to this Agreement, and any related matters.