Terms & Conditions
KAYAK FOR LIFE INC. General terms and conditions
USE OF THIS WEBSITE
The Company reserves the right to change, modify or update, at its sole discretion, at any time and without prior written notice, the terms and conditions of use of this website. The Company will notify you of any changes or updates to this website by posting a notice to this effect on the site. By continuing to use the website after posting such notice, you will be deemed to have accepted the new terms and conditions and other policies, as amended, and you will be bound by them.
The products and services that the company offers through this website ("products") can be ordered only by persons residing in Canada. This web site is not intended to be viewed or used outside of Canada. You are responsible for ensuring that your access to this website as well as the material and information contained therein is legal in each territory where or by which you visit the website, as well as the material and information.
USE PROHIBITED FOR MINORS
This website is for adults only. If you use this website to purchase products, you acknowledge that you have the legal age to enter into any purchase agreement through this website and that you will become bound by its terms and conditions. If you have not reached the majority in your province or territory of residence, your parent or guardian should use this website on your behalf because you should not use the website by yourself or provide any personal information to the Company.
PRODUCT PURCHASES AND USER ACCOUNT
If you register on this site for the purpose of purchasing products, you are responsible for preserving the confidentiality of your account as well as your password, and to restrict access to your computer or to your account. You also agree to take responsibility for all activities that occur in your account or with your password. The Company reserves the right to refuse services, terminate accounts or cancel orders at its sole discretion.
PRODUCT INFORMATION AND AVAILABILITY
The products offered on this website are sold and distributed exclusively to customers residing in Canada. The Company does everything in its power to describe with as much accuracy as possible all the products it sells and/or distributes. However, the Company does not warrant that product descriptions or any other information contained on this website are accurate, complete, reliable, up-to-date or error-free. There may be slight variations from time to time, regarding the reproduction of styles or colors, or in textual descriptions of the products. Since the colors that you will see depend on your screen, the Company is not able to promise or guarantee that the presentation of the colors on your screen will accurately reflect the color of the product that is delivered to you. The availability of certain products may be limited and it is possible that the products are not available for immediate delivery. The Company may change or withdraw products at any time without notice. If the Company cannot deliver a product you ordered due to a lack of availability, you will be notified by email and your order will be automatically cancelled with respect to the product in question. However, the Company may, in its sole discretion, contact you in order to allow you to maintain your order subject to a new delivery date based on the possible availability of the product.
The Company is pleased to accept the orders of its customers as long as they are intended for personal and non-commercial use. The Company will not accept any order for resale or distribution for commercial purposes. The resale of any product purchased on the website without the express written consent of the Company is prohibited. Before submitting an order for the purchase of products on this website, you will first access an order confirmation page (the "Order Confirmation") describing, among other things, the product(s) to be ordered, the purchase price and the shipping costs and applicable taxes. When you submit your order (by pressing the "Complete Transaction Now" button), this order will constitute an offer you make to the Company for the purchase of the product(s) described in the Order Confirmation according to the price, the other fees and conditions stated in the Order Confirmation. The orders do not bind the Company until they have been accepted. The acceptance of the order by the Company is attested by means of an email transmitted by it.
This website and its content elements should not be considered as an offer to sell products or services.
PRICE OF PRODUCTS
All prices and orders for products are indicated and must be processed in Canadian dollars. Although the Company does everything in its power to provide accurate information regarding products and prices, errors may occur. The Company reserves the right to correct any price and product information errors at any time and without notice. The Company cannot confirm the price of a product until you submit an order for this product. In the event that the price of a product or information related to a product (as described on the website or in the order confirmation) proves to be erroneous due to an error in these indications, the Company may, in its sole discretion, refuse or cancel your order, either before or after you have accepted it. If a price is wrong, the Company will cancel your order and refund all charges and then contact you to ask you to place a new order at the appropriate price.
AUTHORIZATION TO USE ELECTRONIC DOCUMENTS
You hereby authorize the exchange of information and documents between you and the Company via the Internet or by e-mail, and you agree that these terms and any order confirmation accepted by the Company in the electronic form are equivalent to an original written agreement between you and the Company. You also agree that all notices, agreements, information and other communications that we send to you electronically meet the legal requirements that such communications must be made in writing.
The Company reserves the right, in its sole discretion, to limit the quantities, to terminate accounts and to refuse or cancel any order, even when the order has been submitted, whether the order has been confirmed or not accepted and applied to your credit card. If your order is cancelled after processing your payment, the Company will issue a refund of the total amount. Payment can be made online safely by Visa, MasterCard and American Express. The credit card used must be in your name. All credit cards are subject to validation checks and authorization from the card issuer. If your credit card issuer refuses to authorize payment, the Company will not be responsible for delays in delivery or non-delivery of your order. In the case of refusal of authorization and validation of your card, the Company will cancel your order. For customers that are making their first online purchase, the Company may request that the order be shipped only to the credit card billing address.
TERMS OF PAYMENT
The terms of payment for any product purchased through this website are established by the Company in its sole discretion. Payment will be made by credit card unless any other predetermined payment method has been accepted by the Company. All payments made by credit card are subject to the approval of the financial institution that issued the credit card.
SHIPPING AND TAXES
The Company will ship the product(s) you have ordered according to the delivery method you have chosen and to the address indicated in the Order Confirmation. Express delivery takes one to two working days, regular delivery four to seven working days, and delivery in remote area may take longer. If you have ordered several products, we may deliver these products to you in separate shipments as the items are available, at no extra cost. In order to ensure a fast delivery, we must have your exact and complete address and charge a single delivery cost per delivery address. You need to provide us with a phone number where we can reach you during the day in case we or our delivery agents need to contact you. The delivery dates provided by the Company are only approximate dates. The Company is not liable for any damages or costs arising from delays in delivery.
Unless otherwise indicated, all prices listed do not include shipping and handling charges or federal, provincial or state sales taxes. Shipping, handling and tax charges will be shown separately on your Order Confirmation for each order, if applicable. Canadian customers are responsible for all sales, usage, and goods and services taxes, harmonized sales taxes and other taxes associated with the order.
PROPERTY AND RISK OF LOSS
All products purchased on the kayak4life.ca website are delivered to you by a third party delivery company under a shipping contract. You become the owner of the product(s) and assume the risk of loss from the time the Company delivers the product(s) to the third party delivery company.
The Company offers (a) a full refund or exchange for all current priced products purchased online, provided that they are returned in their original state, with the original labels, within 30 days after the purchase and (b) an exchange for all discounted products purchased online that are returned in their original state within 14 days after purchase. Any returned product that does not meet the requirements of any of the above categories will be returned to you. Until the Company receives the returned items, you are responsible for the losses.
If applicable, your payment will be refunded in your account within thirty (30) days of receipt of the returned items.
Please contact us at 514-758-9035 Monday to Friday, 9:00 a.m. to 5:00 p.m, eastern time, with your order details to activate the return or exchange process. Returns are only applicable to NEW merchandise sold by the Company.
EXCLUSION AND WAIVER OF WARRANTIES
The Company makes no representations or warranties as to the functionality, functioning or condition of this website, its suitability for use or the uninterrupted or error-free use of this site or any material or information, including any downloadable software that you have access to or from this website. The Company makes no representations, makes no warranties and assumes no responsibility for the correction of any errors on or relating to the website, or for the absence of viruses or other harmful components on the servers from of which this website is operated.
Except as expressly provided in these TERMS and CONDITIONS, this website and all documents, products and information provided on or through it are provided to you "as is", "with any defects" and the Company denies all representations, warranties or conditions of any kind, whether express or implied, written or verbal, arising out of the effect of the act or otherwise, including, but not limited to (i) the warranties relating to transactions uninterrupted or error-free, to privacy or security, (ii) the accuracy, adequacy or completeness of the information; (iii) merchantability, quality, title, durability, relevance, non-infringement and character specific to a particular purpose, or warranties arising from the usual conduct or use of the trade. These exclusions are in addition to any other specific exclusions otherwise provided for in these terms.
Some federal, provincial or state laws do not allow the exclusion of certain warranties, so the exclusions listed above may not apply to you.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, the Company is in no way liable for any loss or damage of any kind, whether direct, indirect, incidental, special, exemplary, punitive or consequential, whatever the cause, including, without limitation, data loss, loss of profits, loss of savings, loss of goodwill, loss of customers, loss of use or lack of availability of facilities, including computer resources, routers and stored data arising out of or related to the use of this website, including, but not limited to, the material or information provided through this website, the products, or transactions made on or from any website of the Company, even if the Company or any of its legitimate representatives, contractors, employees or agents have been informed of the possibility of such damages or claims.
In particular and without limiting the scope of the foregoing paragraph, the Company will in no way be liable to you for any damages or losses attributable to viruses, data corruption, non-delivery of messages, errors or transmission problems, telecommunications service providers, company contractors, the internet backbone or third party suppliers of goods or services, or any loss or damage caused by you or your employees, respective representatives, agents or subcontractors or other causes beyond the reasonable control of the Company.
If, notwithstanding the limitations mentioned above, the Company is found liable for any damage or loss with respect to this website, its overall liability arising out of any cause whatsoever (including, but not limited to, the non-performance of Contract, negligence, gross negligence or any other cause) will never exceed the amount you paid for the products ordered under this agreement and which are the subject of the claim.
If you are dissatisfied with these terms or the website, your sole and exclusive remedy is to stop accessing and using the website.
Certain federal, state or provincial laws may prohibit restrictions on implied warranties or the exclusion or restriction of certain damages. If you are subject to these laws, some or all of the denials of liability, exclusions or restrictions set forth above may not apply to you and you may have other rights.
For the purposes of this section, "Company" includes directors, officers, employees, representatives, agents, contractors and third party suppliers of the Company.
This ARTICLE shall remain in force even if this agreement is terminated or ceases.
COPYRIGHT AND TRADE-MARKS
The material appearing on this website, including, but not limited to, text, images, illustrations, software and audio and video clips, is owned or provided by the Company, and the Company does not declare and warrant that the material does not affect the rights of any other natural or legal person. The material on the site is protected in Canada and other territories by the Copyright Act and the relevant international treaties. Therefore, this material may not be copied, reproduced, republished, downloaded, posted, transmitted, distributed or modified, in whole or in part, in any form whatsoever, including, without limitation, in the form of text or audio or video content, without the prior written consent of the Company. The trademarks, logos and service marks (collectively referred to as "Marks") displayed on the site are registered or unregistered trademarks of the Company or other persons, belong to their respective owners and may not be used without the written permission of their owners. Nothing in this site can be construed as conferring the right to use the marks or material protected by the Copyright Act.
Notwithstanding the foregoing, the Company authorizes you to make an electronic or paper copy of the information displayed on any page of the site, provided that the copy is used only for non-commercial and personal purposes and that, in each case, the copy continues to be the subject of the notices and mentions on copyright, trademarks or service marks and other exclusive rights contained in the site. This license does not purport to resell the site or its content, the collection of lists, descriptions or prices of products, any other derivative use of the site or its content, the downloading or copying of the information for the benefit of any trader whatsoever; nor the use of data mining tools, robots, or similar data collection and retrieval tools. It is prohibited to frame or use framing techniques to incorporate any page of this web site or any trademark, logo or other proprietary information (including images, text or page layout) belonging to the Company without having obtained the express written consent of the Company. It is prohibited to use META tags or other hidden texts containing the Company's name or trade-marks without obtaining the express written consent of the Company. Any unauthorized use of this website or its content terminates the company's permission or license.
With the exception of the rights which may be expressly provided herein, nothing in these terms shall be construed as granting, by implication, estoppel or otherwise, a license or right related to a copyright, to a patent, a trade-mark or other intellectual property right of the Company or of any other natural or legal person.
CONFIDENTIALITY OF THE INFORMATION TRANSMITTED
Except for your account information and the information required to process orders, the Company does not wish to receive confidential, secret or proprietary material or information from you through this website or by any other means whatsoever.
In addition, you acknowledge that unprotected e-mail communications on the Internet are likely to be intercepted, altered or lost. You also declare and warrant that the information or material you provide to the Company, whether electronically by accessing our website, using it or in any other way, and the Company's use of that information and of this material, as permitted by these terms and conditions, shall not affect the rights of any natural or legal person.
The Company may monitor access to its websites and other activities related to its websites and may intervene in this regard. However, the Company makes no representations and makes no warranties for this purpose. You consent to the supervision and intervention of the Company, if any.
LINKS TO OTHER WEBSITES
Links and references to other websites are provided only for the sake of convenience. The Company has not reviewed or sanctioned, expressly or implicitly, any other websites that are accessible by such links, or the information or materials displayed therein, or their accessibility, and assumes no responsibility for the other websites, information or materials displayed therein, or the products or services offered therein. It is forbidden to create a link on other websites leading to this website without the express permission of the Company. (To obtain authorization, please contact KAYAK FOR LIFE INC. at firstname.lastname@example.org)
DAMAGE CAUSED TO OTHERS
You agree not to enter on this website or through it or any other website of the Company any information or material that may be harmful to other persons. In particular, you agree not to include, knowingly or otherwise, in material or information, an error or defect that may be, inter alia, verbal or written defamation or obscenity, which may foment hatred or may give rise to a criminal offence or to a cause of civil liability for a natural or legal person.
MODIFICATION OF THE WEBSITE; RIGHTS RESERVE
The Company may, for any reason whatsoever, in its sole discretion and without notice, terminate, modify, suspend or withdraw this website or any aspect thereof and, if applicable, the Company shall not be liable to you or any other third party. The Company may also impose regulations and restrictions on the use of this website or restrict your access to any part or all of this site without notice or liability. All rights not expressly granted in these terms and conditions are reserved for the company.
These conditions are applied to the benefit of each of the parties named herein, as well as their respective successors and rightful assigns, and bind these parties.
SETTLEMENT OF DISPUTES
You agree that any disputes between you and the Company regarding these terms and the transactions intended herein shall be settled by the provincial and federal courts sitting in the province of Quebec and hereby, you recognize the personal and exclusive jurisdiction of these courts.
The Company will not infringe these terms or otherwise be liable for any delay in performance to the extent that any delay or breach would result from circumstances beyond its reasonable control including, without limitation, strikes, lockouts and other labour disputes, system failures or access to networks, floods, fires, explosions or accidents.
If a provision of these conditions is considered invalid, void or unenforceable for any reason whatsoever, that provision shall be regarded as independent, and the validity and enforceability of the other provisions will not be affected.
The Company makes no representations that the material, information or products provided on or through this website are appropriate or offered in other locations or territories. Those who choose to access this website from other localities or territories do so on their own initiative and are required to comply with local laws in force insofar as they are applicable.
The fact that the Company does not perform any provision of these terms or fails to comply with these conditions on your part or on the part of another party does not mean that it renounces its right to enforce the present conditions or to follow similar breaches at a later date.
Products sold or delivered under this Agreement are subject to export control laws and regulations in Canada. You agree to abide by these laws and regulations at all times. You hereby agree to defend the Company and to exempt it from any claim, damage or liability arising out of a breach of these laws and regulations.
ENTIRETY OF THE AGREEMENT
These conditions, as well as all other agreements and conditions incorporated herein or referred to herein, constitute the full agreement between you and the Company with respect to the use of this website and any transaction made on or from this website and its contents, and supersedes all prior agreements or conventions (electronic, oral or written) on this subject. These conditions may not be amended except in writing or if the Company publishes such modifications in accordance with these terms.
You may not assign your rights or obligations under these terms and conditions without the express written consent of the Company.
The Company reserves the right, in its sole discretion, to terminate your access to all or part of the website, with or without notice.
Headings are included herein only to facilitate consultation and do not affect the interpretation of these terms.
Last update: 1st March 2021