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Terms of service

 

Terms and Conditions of Use

Last Modified: December 18, 2020

ABUNDIA 4U ("we", "us" or "our") is a tradename registered by a business operating in Ontario, Canada. In consideration for permitting your access to our website and online store (“Website”) and other good and valuable consideration, you agree as follows:

These terms and conditions (the "Terms") form a legally binding agreement which govern your access to and use of our Website hosted at https://www.abundia4u.com and other domains and sub-domains.

By using our Website, you, the user ("you" or "your"), represent and warrant that (a) you are 18 years of age or older; and (b) you have read and understand these Terms and agree to be bound by them.

If you are using the Website on behalf of, or in the employ of, an organization (corporation, trust, partnership, etc.), you are agreeing to these Terms for that organization and representing and warranting that you have the authority to bind that organization to these Terms.  In such a case, "you" and "your" will also refer to that organization and yourself individually. Both you as an individual and your organization are legally bound by these Terms which form an agreement with us.

Privacy

We collect and use your personal information in accordance with our privacy policy, which is available online at https://www.abundia4u.com/privacy. By using our Website, you consent to such processing and you represent that all information provided by you is accurate.

Establishing an Account

You may browse the public facing sections of our Website without establishing an account or providing us with any personal information. You may also purchase products from us without an account by proceeding to the online checkout as a guest user.

Establishing an account on the Website makes the checkout process easier and allows you to store and save products you may wish to later purchase and receive promotions from time-to-time.

Upon establishing a user account with us, we grant you a worldwide, non-transferable, non-exclusive license to access the Website and your account in accordance with these Terms but reserve the right to revoke that license and your access to our Website.

Account Not Transferable, Updating Your Account & Security

If you establish an account with us, access to your account is not transferrable and is only intended for you, the individual who established the account. You are responsible for safeguarding the password you use to access the Website and you agree not to disclose your password to any third party. 

You agree to use a unique password for your account which you do not use for any other online service, unless you are using a sign-in service provided by a third-party such as Apple, Google or Facebook. As we, or our third party providers, may send password reset notices and links to your email account (i) you are responsible for ensuring that your email address and contact information provided to us is accurate and updated; and (ii) you represent and warrant to us, and agree that you will ensure, you are the sole person, at all times, with access to the email account registered in connection with your account.

You agree you are responsible for any activity on your account and all correspondence provided to us from any email address or phone number used to register your account, whether or not you authorized that activity or correspondence.  You agree that we are, in respect of any instructions or actions taken by a person using your account, entitled to assume that the person is you; the person whose name and personal information is registered and associated with the account.

You must immediately notify us of any unauthorized use of your account.

 

Acceptable Use of the Website

You agree, and you represent and warrant to us and all other users of the Website, that you:

  1. Will not use the Website in a way that has any unlawful or fraudulent purpose or effect;
  2. Will comply with all applicable laws, rules and regulations;  
  3. Will not use or disclose personally identifiable information belonging to others except (i) with their consent; and (ii) in accordance with applicable privacy laws, rules and regulations;
  4. Will not impersonate any person or entity;
  5. Will not use any software bot or data scraping techniques that accesses the Website to scrape or pull data or images for any purpose, whether such data or images were displayed publicly or not.
  6. Will not collect, harvest or store any personally identifiable information, including user account information, from us;
  7. Will not translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the Website, its underlying software code or our products; and
  8. Will not circumvent, disable, violate or otherwise interfere with any security related feature of the Website.

Prices

Where prices are listed on the Website, they are subject to change without notice. Prices listed are an invitation to make an offer and are subject to acceptance by us.  Even in the event of the automated processing of your order on the Website, you agree that we will have the opportunity to review and accept such orders. All orders are also subject to product availability.

Additional terms, including but not limited to shipping fees, sales tax, discounts/promo codes, referral benefits, account access and payment may be specified on the Website.  Those terms, as amended from time to time, are incorporated by reference and form part of this agreement. If any information or terms posted to the Website concerning price, shipping fees, sales tax, discounts/promo codes, referral benefits, refunds or order cancellations are posted in error, we reserve the right to amend those terms. Unless indicated otherwise on the Website, once an order is placed, it cannot be cancelled.

You agree that we reserve the right to:

  • Remove any product from the Website;
  • Correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other person;
  • Change, at any time, the prices, fees (including shipping fees), taxes, charges and product specifications, any promotional offers and any other content on the Website, without any notice or liability to you or any other person; and
  • Reject, correct, cancel or terminate any order, including accepted orders for any reason.

Taxes, Customs, Duties etc.

You agree to pay all sales taxes, customs, duties and levies whether Canadian or foreign, applicable to this agreement or arising in any way from the purchase of products or services from us. You agree and acknowledge that such duties and fees may be payable upon delivery to you, depending on your shipping address.

Payment

We use third-party payment processors to process payments made by you on the Website. Our third-party payment processors include Shopify, PayPal, Apple Pay and others.

Although we may display or link to their forms on our Website, when you provide your payment details on or via the Website you are providing them to the applicable payment processor.  We may have access to view portions of your payment information via the third-party payment processor, however, we do not collect or store your full credit card information ourselves. You acknowledge that third-party payment processors may have their own terms and conditions that apply to you. If you have any questions concerning our third-party payment providers, please contact us.

Returns and Refunds

We only accept returns and issue refunds in accordance with the ABUNDIA 4U Return and Exchange Policy, which is incorporated by reference and available online at https://www.abundia4u.com/returns.

Acceptance of Risk and Disclaimers

PRODUCTS AVAILABLE FOR ORDER, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY.

LIMITATION OF OUR LIABILITY

YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE, HOWSOEVER CAUSED (INCLUDING BY NEGLIGENCE OR OTHERWISE), FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES YOU SUFFER AS A RESULT OF USING OUR WEBSITE, PRODUCTS OR SERVICES, REGARDLESS OF LEGAL THEORY AND WHETHER OR NOT WE HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER THOSE DAMAGES WERE FORESEEABLE OR NOT.

IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY PRODUCTS ORDERED FROM OUR WEBSITE, OR DO NOT AGREE WITH ANY PART OF THESE TERMS, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US, OUR AFFILIATES, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS OR LICENSORS, THEN YOUR REMEDIES ARE LIMITED TO DELETING YOUR ACCOUNT WITH US AND NO LONGER PLACING ORDERS WITH US.

IN ADDITION TO YOUR AGREEMENT TO NOT HOLD THE ABOVE ENTITIES AND PERSONS LIABLE FOR ANY DAMAGES, IN THE EVENT A COURT OR ARBITRATOR OF COMPETENT JURISDICTION DECLINES TO UPHOLD SAID CLAUSE, YOU AGREE THAT IN NO CIRCUMSTANCES SHALL THE AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS RELATING TO OR IN ANY WAY ARISING FROM THE USE OF OUR PRODUCTS, WEBSITE, OR IN ANY WAY RELATED TO THESE TERMS, BE MORE THAN THE AMOUNTS PAID BY YOU TO US, TO PURCHASE PRODUCTS, OVER THE PREVIOUS THREE (3) MONTHS FROM THE DATE YOU FIRST RAISED YOUR CLAIM WITH US.

YOU AGREE AND ACKNOWLEDGE THAT WE WOULD NOT ENTER INTO THIS AGREEMENT OR GRANT ACCESS TO THE WEBSITE WITHOUT THESE RESTRICTIONS AND LIMITATIONS ON OUR LIABILITY.

INDEMNIFICATION AND HOLD HARMLESS

YOU AGREE TO INDEMNIFY US, OUR AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES AND CONTRACTORS, AND TO DEFEND AND HOLD EACH OF THEM HARMLESS, FROM ANY AND ALL CLAIMS AND LIABILITIES (INCLUDING REASONABLE LEGAL FEES) WHICH MAY ARISE FROM; (I) YOUR VIOLATION OF THESE TERMS, OR ANY POLICY INCOROPRATED BY REFERENCE; (II) YOUR VIOLATION OF ANY THIRD PARTY RIGHT; OR (III) ANY BREACH OF A REPRESENTATION OR WARRANTY MADE BY YOU TO US, EITHER IN THESE TERMS, PRIVACY POLICY OR OTHERWISE.

Ownership of the Website and Its Contents

Our Website contains open source and public domain content, licenced content as well as proprietary content owned by us and by third parties.  You are not permitted to copy or distribute any content (including but not limited to text, software code, images, trademarks, videos and audio) on the Website without the express consent of the owner. Without limiting the forgoing, you are not permitted to use the “ABUNDIA 4U” tradename or trademark, including our logo, without our express permission.

Your Content

Our Website may permit you and other users the ability to upload and post content, including product reviews ("User Content"). We do not pre-screen all User Content uploaded or posted to the Website by you or other users, but may do so. You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any of your User Content that you post or upload to the Website.

We may, but have no obligation to, remove content and accounts that we determine in our sole discretion to be unlawful, damaging, or which violate any third-party's intellectual property rights, these Terms or any policy incorporated by reference herein.

Copyright Notice

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on our Website, please notify us https://www.abundia4u.com/pages/contact-us.  While you agree that we take no responsibility or liability for any user or supplier who breaches your copyright or other intellectual property rights, we may, in our sole discretion and without liability, undertake to attempt to contact the infringer on your behalf and/or cancel the infringer's account.

Linked Sites

Whether or not we are affiliated with websites or third-party vendors that may be linked to our Website or our social media accounts, we are not responsible for their content (the "Linked Sites").  The Linked Sites are for your convenience only and you access them at your own risk. 

We and other users may provide links and references to material on other websites and social media accounts not owned or operated by us.  Third-party links found on our Website, social media accounts and marketing materials are not an endorsement and we do not represent or warrant the accuracy or truth of the contents of information found on those websites and social media accounts.  You access and use such content at your own risk.

Law of the Contract (Governing Law) and Jurisdiction

These Terms, all documents incorporated by reference and your relationship with us, shall be governed by, construed and enforced in accordance with the laws of the Province of Ontario, Canada, (and any Canadian federal laws applicable therein) as it is applied to agreements entered into and to be performed entirely within such province.

You agree to irrevocably and unconditionally submit to the exclusive jurisdiction of the courts and tribunals of Ontario, Canada (including the Federal courts and tribunals as applicable therein) to settle any disputes arising out of or in any way related to these Terms, all documents incorporated by reference and your relationship with us. 

Severability

If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Where a provision in these Terms is found to be unlawful, void or for any reason unenforceable, a lawful or enforceable term which best reflects the intention of the provision, as originally drafted, shall substitute.

No Interpretation Against Drafter

If any ambiguity or question of intent arises with respect to any provision of these Terms, the Terms shall be construed as if drafted jointly by the parties and no presumption or burden of proof will arise favouring or disfavouring either party by virtue of authorship.

Waiver of Class Proceedings and Trial by Jury

To the extent permitted by law, you waive your right to participate in any class action lawsuits against us, our contractors, employees, shareholders, successors, assigns, officers and directors. 

To the extent permitted by law, you further waive any right to a trial by jury, should such a right exist, in relation to any legal dispute connected to or in any way arising out of these Terms.

Incorporation by Reference

All policies referred to in these Terms, or anywhere on our Website, are incorporated into these Terms by reference, including, but not limited to, our Privacy Policy and our Return and Exchange Policy.

Account Termination

You can terminate your account with us at any time.  To do so, please contact us by email or follow the links in your account.

We reserve the right to suspend your account or access to our Website at any time, with or without cause, and with or without notice. 

The cancellation, suspension or termination of access to our Website, or your account, shall not terminate this agreement.  Without limiting the foregoing, any provision of these Terms concerning the limitation of our liability, your indemnification obligations, settling disputes (including the jurisdiction and choice of law) shall remain binding.

Assignment of this Agreement

You agree that we may assign this agreement to any successor or assignee, whether pursuant to the purchase of our Website, the transfer of control of ABUNDIA 4U, or otherwise.

Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

AMENDMENTS

AS OUR WEBSITE AND PRODUCTS CONTINUE TO CHANGE, WE MAY, AT ANY TIME, REVISE THESE TERMS AND OUR POLICIES BY UPDATING THIS PAGE OR THE PAGE HOSTING THE RELEVANT POLICY.  THE DATE OF THE LAST VERSION OF THESE TERMS IS POSTED ABOVE.  AS YOU ARE BOUND BY THESE TERMS EACH TIME YOU VISIT OUR WEBSITE, YOU ARE RESPONSIBLE FOR PERIODICALLY REVIEWING THE AMENDMENTS TO THESE TERMS AND YOU ARE DEEMED TO HAVE ACCEPTED AND AGREED TO SUCH AMENDMENTS BY ACCESSING AND USING THE WEBSITE AFTER SUCH AMENDMENTS HAVE BEEN POSTED.  IF YOU DO NOT AGREE WITH THE AMENDMENTS, PLEASE STOP ACCESSING THE WEBSITE AND TERMINATE YOUR ACCOUNT. WE MAY ALSO UNDERTAKE TO SEND YOU NOTICE OF ANY CHANGES TO THE TERMS OR POLICIES VIA EMAIL.