ODIHI (the Company)
Welcome to ODIHI web site! We provide this web site (“Site”) subject to the following terms and conditions (“Terms”), and your access and use of the Site constitutes your acceptance of these Terms. If you do not agree to any of the Terms, do not use the Site.
We may change the Terms on occasion without notice, and you should revisit the Site periodically to review the then-current Terms.
Subject to our acceptance of your registration and your compliance with the Terms, you may create an account in your name at the Site (the “Account”).
Membership Information: All information that you provide in your Account registration must be truthful and accurate, and you must update any membership information that changes after registration.
Password.: You must select a unique user name and password (collectively your “Password”) for your Account. You may not use a Password that is, in our sole discretion, vulgar, offensive, defamatory, obscene, hateful or otherwise unlawful or objectionable. You are solely responsible for keeping your Password confidential and you will take reasonable measures to keep your password secure and confidential.
Security: You are solely responsible for all activity on your Account and for the security of your computer system and your Account, and you may not allow anyone else to access or use your Password or your Account. You should not reveal your username or password to any other person. We will not ask you to reveal your password. If you forget your password, you can request that a new password be sent to your registered e-mail address. If you become aware of or reasonably suspect any security breach, including any loss, theft or unauthorized disclosure or use of your Password, you will immediately report the actual or suspected security breach to us.
Security and Viruses
E-mail communications between you and us may not be secure, and we suggest that you encrypt all e-mail to increase the security of your communications with us. Due to the inherent open nature of the Internet, we cannot guarantee that communications between you and us will be free from unauthorized access by third parties such as hackers, and your use of our Site demonstrates your assumption of this risk.
We have taken steps to ensure that the Site is free of computer viruses and other harmful components. Nevertheless, you should install and maintain appropriate anti-virus and other protective software. Without limiting any other part of these Terms, we disclaim all liability for any computer viruses or other harmful or destructive programs that you may download from the Site.
You may use the Site to conduct on-line transactions to purchase craft products (“Products”). All Products are provided “as is”, and we do not make any, and expressly disclaim all, representations or warranties (express, implied or statutory) regarding the Products.
Prices: All prices are in Canadian dollars. You must pay all applicable sales taxes on your purchases.
Orders. We reserve the right, at any time after receipt of an order to purchase a Product, to accept or decline it, or to cancel your order subsequently, because of limited quantities available for purchase, faulty contact information, errors in pricing information, or problems identified with your payment.
If a Product is mistakenly listed at an incorrect price, we reserve the right to refuse or cancel any orders placed for the Product listed at the incorrect price. We reserve the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we will issue a credit to your credit card account in the amount of the incorrect price.
Shipping: The availability of a Product and the day we receive your order with your full contact and payment information determines when it will be shipped. We ship Products by regular mail using Canada Post, unless you make special arrangements with us.
No Refunds or Returns: All sales are final.
Purchases by Children: Parents or legal guardians will be responsible for their children’s use of the Site, including all financial charges and legal liability incurred by their children through the use of the Site or purchasing Products.
We respect your personal privacy. You may use the Site without providing any personal information about yourself other than such personal information as you may specifically and knowingly provide. If we ask you to provide any personal information, we will tell you the purposes for which we intend to use that information. We will not collect, use, or disclose that information without your consent, and we will not use or disclose that information for any other purposes without your consent.
We need to collect your personal information to sell you requested Products, such as your name, credit card number and other information. We will use this information to process and deliver Product orders to you, process your payments, and to contact you regarding your order or to provide you with future information about our services and products. We will not provide your personal information to any other person without your consent, except to authorized agents as needed for these purposes.
We do collect and maintain statistics relating to the number of visits to the Site, the types of browsers used to access the Site, and the Internet Protocol addresses of computers accessing the Site. This information is only used for internal purposes.
This Site, its organization and design, and all information, images, artwork, text, video, audio, pictures and other material on the Site (collectively the “Content”) are protected by copyright and other proprietary rights, all of which we own or have the right to use.
You may download information from the Site for your personal, non-commercial viewing, but you may not otherwise copy, reproduce, republish, post, transmit, display, frame in another web page, perform, distribute, modify or create derivative works from the Content without our prior written approval.
You do not acquire ownership rights to your Account or any Content by accessing or using the Site, and our posting of Content on the Site is not a waiver of any right in or to that Content.
We own “The Company”, our logo, and all of our other trade-marks and trade names appearing on the Site. Unless otherwise indicated, all other trade-marks appearing on the Site are owned by third parties and are used under licence.
Any sites that are linked to from our Site are not under our control, and you access them at your own risk. We do not assume any responsibility or liability for these linked sites or their contents. We provide all such links for your convenience only; they are not an endorsement or referral by us.
If you wish to provide a link to the Site from your own web site, you may only link to our home page at www.odihi.com. You may not use any of our icons or logos on your web site without our prior written approval, and you may not use the link to suggest that we sponsor, endorse, approve of or are affiliated with you or your web site.
This Site, the Content and the Products are provided “as is” and “as available” and without representations or warranties of any kind, express or implied. To the fullest extent permissible under applicable law, The Company disclaims all representation and warranties, whether express, implied or statutory (including any warranties of merchantability, fitness for a particular purpose, accuracy and non-infringement). The Company does not represent or warrant that functions contained in the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes it available is free of viruses or other harmful components.
You acknowledge that your access to and use of the Site and the Content will not be free of interruptions, that the Site and the Content may contain bugs, errors, inaccuracies or other limitations, and that the Site may be unavailable from time to time. You assume total responsibility and risk for your access to and use of the Site and the Content.
Limitation of Liability
The Company and its officers, directors, employees and representatives will not be liable to you or any other party for any damages of any kind, including indirect, special, consequential or incidental damages, lost profits, lost data, business interruption or other damages arising directly or indirectly from your use of the Site or the Content or your purchase or use of any Product.
The Site may contain various comments, feedback, articles and submissions from you or other users of the Site (the “Comments”). Once Comments are submitted, we can use, reproduce, modify and display the comments on the Site without restriction and without compensation to you. You may not post content in your Comments that violates or breaches any rights of any other party.
All opinions contained in Comments are those of the original author, and do not necessarily reflect the views or opinions of The Company.
Disclaimer regarding Comments
The Company does not and cannot review Comments, and is not in any manner responsible for the content of any Comments. By providing the ability to view and distribute user-generated content on the Site, we are merely acting as a passive conduit for such distribution and are not undertaking any obligation or liability relating to any Comments. We reserve the right (but have no obligation) to block or remove any Comments that we deem in our sole discretion to be (a) abusive, threatening, obscene, or defamatory; (b) fraudulent, deceptive or misleading; (c) in violation of another’s copyright, trade-mark or other intellectual property right; or (d) otherwise unlawful or unacceptable.
In addition to (and without limiting) any other prohibitions set out in these Terms, you may not do any of the following when accessing or using the Site:
engage in harassment in any manner, including via e-mail, chat, or by use of obscene, offensive or abusive language (as determined by us in our sole discretion);
impersonate others, including a The Company employee or representative, or other members or visitors to the Site;
upload to, distribute or otherwise publish through the Site any content that is defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offence, violate the rights of any party or which may otherwise give rise to liability or violate any law; or
upload any commercial content on the Site or use the Site to solicit others to join or become members of any other online service or other organization.
You agree to indemnify and hold harmless The Company and its directors, officers, shareholders, employees and representatives from and against all losses, expenses, damages and costs (including actual legal expenses as billed) resulting directly or indirectly from any violation of these Terms or any activity of yours related to the Site.
Without limiting the previous paragraph, you agree to indemnify and hold The Company and its directors, officers, shareholders, employees and representatives harmless for any improper or illegal use of any of your Account, including illegal or improper use by someone to whom you have given permission to use your Account or whom you have negligently allowed to access your Account. We reserve the right to terminate your Account if any activity that occurs with respect to your Account violates these Terms.
These Terms, your access to and use of the Site and the Content, and any claims made against The Company or its directors, officers, employees and representatives, arising out of such access or use or otherwise, will be governed by and construed and interpreted in accordance with British Columbia laws.
You agree that jurisdiction and venue in any legal proceeding directly or indirectly arising out of or relating to the Site (including Products purchased through the Site) will be in the British Columbia courts.
If any part of these Terms is unlawful, void or unenforceable, then that part is severable and will not affect the validity and enforceability of the remaining Terms.