Terms of service
GENERAL TERMS AND CONDITIONS OF SALE AND USE
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OVERVIEW
This website is operated by Ellza. Owned by SBN Ecom Group Inc. On this site, the terms "we", "us" and "our" refer to Ellza. Ellza offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting this site and/or purchasing one of our products, you engage in our "Service" and agree to be bound by the following terms and conditions ("General Terms and Conditions of Sale", "General Terms and Conditions of Sale and Use", "Terms"), including those additional terms, conditions, and policies referenced herein and/or available by hyperlink.These General Terms and Conditions of Sale and Use apply to all users of this site, including but not limited to users who browse the site, sellers, customers, merchants, and/or content contributors.
Please read these General Terms and Conditions of Sale and Use carefully before accessing or using our website. By accessing or using any part of this site, you agree to be bound by these General Terms and Conditions of Sale and Use. If you do not accept all the terms and conditions of this agreement, then you must not access the website or use any of the services offered on it. If these General Terms and Conditions of Sale and Use are considered an offer, acceptance is expressly limited to these General Terms and Conditions of Sale and Use.
All new features and tools that are added to this store in the future will also be subject to these Terms and Conditions of Sale and Use. You can review the most current version of the Terms and Conditions of Sale and Use at any time on this page. We reserve the right to update, change, or replace any part of these Terms and Conditions of Sale and Use by posting updates and/or changes on our website. It is your responsibility to check this page regularly to see if any changes have been made. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the e-commerce platform that allows us to sell our products and services to you.
ARTICLE 1 – TERMS OF USE OF OUR ONLINE STORE
By accepting these General Terms and Conditions of Sale and Use, you declare that you have reached the age of majority in your country, state, or province of residence, and that you have given us your consent to allow any minor dependents to use this website.
The use of our products for any illegal or unauthorized purpose is prohibited, and you must not, in the course of using the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms, viruses, or any code of a destructive nature.
Any breach or violation of these General Terms and Conditions of Sale and Use will result in the immediate termination of your Services.
ARTICLE 2 – GENERAL CONDITIONS
We reserve the right to refuse access to the services to anyone at any time, for any reason whatsoever.
You understand that your content (excluding your credit card information) may be transferred unencrypted and may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without our express prior written permission.
The headings used in this agreement are included for your convenience and will neither limit nor otherwise affect these Terms.
ARTICLE 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if the information available on this site is not accurate, complete, or current. The content on this site is provided for general information purposes only and should not be relied upon as your sole source of information for making decisions, without consulting more accurate, more complete, or more timely sources of information. If you choose to rely on the content presented on this site, you do so at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only.We reserve the right to modify the content of this site at any time, but we are under no obligation to update the information on our site. You agree that it is your responsibility to monitor changes to our site.
ARTICLE 4 – CHANGES TO THE SERVICE AND PRICES
The prices of our products may be changed without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice and at any time.
We shall not be liable to you or to any third party for any price change, suspension, or discontinuance of the Service.
ARTICLE 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through our website.These products or services may be available in limited quantities and may only be returned or exchanged in accordance with our Return Policy.
We have done our best to display as clearly as possible the colors and images of our products that appear on our store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All product descriptions and product pricing are subject to change at any time without prior notice, at our sole discretion.We reserve the right to discontinue offering a product at any time. Any offer of service or product presented on this site is void where prohibited by law.
We do not guarantee that the quality of all products, services, information, or any other merchandise you have obtained or purchased will meet your expectations, nor that any errors in the Service will be corrected.
ARTICLE 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.In the event that we modify or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.
For more details, please refer to our Return Policy.
ARTICLE 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we have neither monitoring, control, nor influence.
You acknowledge and agree that we provide access to such tools "as is" and "as available," without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no legal liability arising from or relating to your use of these optional third-party tools.
If you use the optional tools offered on the site, you do so at your own risk and discretion, and you should review the terms on which these tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or new features on our site (including new tools and resources).These new features and services will also be subject to these Terms and Conditions of Sale and Use.
ARTICLE 8 – THIRD-PARTY LINKS
Certain content, products, and services available through our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not obligated to examine or evaluate the content or accuracy of these sites, and we do not warrant and will not have any liability or responsibility for any third-party materials, websites, products, services, or other items accessible on or from these third-party sites.
We are not responsible for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with these third-party websites.Please carefully read the policies and practices of third parties and make sure you fully understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding products from these third parties should be submitted directly to them.
ARTICLE 9 – USER COMMENTS, SUGGESTIONS, AND OTHER SUBMISSIONS
If, at our request, you submit specific content (for example, to participate in contests), or if, without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by mail, or otherwise (collectively, "comments"), you grant us the right, at any time and without restriction, to edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you send to us.We are not and shall not be obligated to (1) maintain the confidentiality of comments; (2) pay compensation to anyone for any comments provided; (3) respond to comments.
We may, but have no obligation to, monitor, edit, or remove content that we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any intellectual property or these Terms and Conditions of Sale and Use.
You agree to write comments that do not violate the rights of third parties, including copyright, trademark, privacy, personality, or other personal or proprietary rights.You also agree that your comments will not contain any illegal, defamatory, offensive, or obscene content, nor will they contain any computer viruses or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone you are not, or attempt to mislead us and/or third parties as to the origin of your comments. You are entirely responsible for all comments you post and their accuracy. We assume no responsibility and disclaim any liability for any comments you or any third party post.
ARTICLE 10 – PERSONAL INFORMATION
The submission of your personal information on our store is governed by our Privacy Policy.Click here to view our Privacy Policy.
ARTICLE 11 – ERRORS, INACCURACIES AND OMISSIONS
There may occasionally be information on our site or within the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, delivery times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate, at any time and without prior notice (including after you have placed your order).
We are not obligated to update, modify, or clarify information in the Service or on any related website, including but not limited to pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
ARTICLE 12 – PROHIBITED USES
In addition to the prohibitions set forth in the General Terms and Conditions of Sale and Use, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any regional ordinance or any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, independent website, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of our Service, any other website, or the Internet.We reserve the right to terminate your use of the Service or any related website for violating the prohibited uses.
ARTICLE 13 – DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
We do not guarantee or warrant in any way that your use of our Service will be uninterrupted, timely, secure, or error-free.
We do not guarantee that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time, we may remove the Service for indefinite periods of time or cancel the Service at any time, without prior notice to you.
You expressly agree that your use of the Service, or inability to use it, is at your sole risk.The Service, as well as all products and services provided to you through the Service, are (unless expressly stated otherwise by us) provided "as is" and "as available" for your use, without any representations, warranties, or conditions of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement.
Ellza, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, and licensors can in no case be held liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to loss of profits, revenue, savings, data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any service or product obtained from this Service, or for any other claim related in any way to your use of the Service or any product, including but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if you have been advised of their possibility.Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability will be limited to the maximum extent permitted by law.
ARTICLE 14 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Ellza, our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your violation of these Terms and Conditions of Sale and Use or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
ARTICLE 15 – SEVERABILITY
In the event that any provision of these Terms and Conditions of Sale and Use is deemed to be illegal, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be considered severed from these Terms and Conditions of Sale and Use. Such severance shall not affect the validity and enforceability of any remaining provisions.
ARTICLE 16 – TERMINATION
The obligations and liabilities incurred by the parties prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms and Conditions of Sale and Use are effective unless and until they are terminated either by you or by us.You may terminate these Terms and Conditions of Sale and Use at any time by notifying us that you no longer wish to use our Services, or when you stop using our site.
If we determine, at our sole discretion, that you fail, or if we suspect that you have been unable to comply with the terms of these Terms and Conditions of Sale and Use, we may also terminate this agreement at any time without prior notice to you and you will remain responsible for all amounts due up to and including the date of termination, and/or we may deny you access to our Services (or any part thereof).
ARTICLE 17 – ENTIRE AGREEMENT
Any failure on our part to exercise or enforce any right or provision of these Terms and Conditions of Sale and Use shall not constitute a waiver of such right or provision.
These Terms and Conditions of Sale and Use, or any other policy or operating rule that we post on this site or in relation to the Service, constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding all prior and contemporaneous communications, proposals, and agreements, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions of Sale and Use).
Any ambiguity in the interpretation of these Terms and Conditions of Sale and Use shall not be construed against the drafting party.
ARTICLE 18 – APPLICABLE LAW
These Terms and Conditions of Sale and Use, as well as any separate agreement through which we provide you Services, shall be governed by and interpreted in accordance with the laws in force in Montreal, Canada.
ARTICLE 19 – CHANGES TO THE TERMS AND CONDITIONS OF SALE AND USE
You may review the most current version of the Terms and Conditions of Sale and Use at any time on this page.
We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms and Conditions of Sale and Use by posting updates and changes on our site.It is your responsibility to visit our site regularly to check for any changes. Your continued use of or access to our site after the posting of any modifications to these Terms and Conditions of Sale and Use constitutes acceptance of those changes.
ARTICLE 20 – CONTACT INFORMATION
Questions regarding the Terms and Conditions of Sale and Use should be sent to us at info@ellza.ca.
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OVERVIEW
This website is operated by Ellza. Owned by SBN Ecom Group Inc. On this site, the terms "we", "us" and "our" refer to Ellza. Ellza offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting this site and/or purchasing one of our products, you engage in our "Service" and agree to be bound by the following terms and conditions ("General Terms and Conditions of Sale", "General Terms and Conditions of Sale and Use", "Terms"), including those additional terms, conditions, and policies referenced herein and/or available by hyperlink.These General Terms and Conditions of Sale and Use apply to all users of this site, including but not limited to users who browse the site, sellers, customers, merchants, and/or content contributors.
Please read these General Terms and Conditions of Sale and Use carefully before accessing or using our website. By accessing or using any part of this site, you agree to be bound by these General Terms and Conditions of Sale and Use. If you do not accept all the terms and conditions of this agreement, then you must not access the website or use any of the services offered on it. If these General Terms and Conditions of Sale and Use are considered an offer, acceptance is expressly limited to these General Terms and Conditions of Sale and Use.
All new features and tools that are added to this store in the future will also be subject to these Terms and Conditions of Sale and Use. You can review the most current version of the Terms and Conditions of Sale and Use at any time on this page. We reserve the right to update, change, or replace any part of these Terms and Conditions of Sale and Use by posting updates and/or changes on our website. It is your responsibility to check this page regularly to see if any changes have been made. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the e-commerce platform that allows us to sell our products and services to you.
ARTICLE 1 – TERMS OF USE OF OUR ONLINE STORE
By accepting these General Terms and Conditions of Sale and Use, you declare that you have reached the age of majority in your country, state, or province of residence, and that you have given us your consent to allow any minor dependents to use this website.
The use of our products for any illegal or unauthorized purpose is prohibited, and you must not, in the course of using the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms, viruses, or any code of a destructive nature.
Any breach or violation of these General Terms and Conditions of Sale and Use will result in the immediate termination of your Services.
ARTICLE 2 – GENERAL CONDITIONS
We reserve the right to refuse access to the services to anyone at any time, for any reason whatsoever.
You understand that your content (excluding your credit card information) may be transferred unencrypted and may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without our express prior written permission.
The headings used in this agreement are included for your convenience and will neither limit nor otherwise affect these Terms.
ARTICLE 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if the information available on this site is not accurate, complete, or current. The content on this site is provided for general information purposes only and should not be relied upon as your sole source of information for making decisions, without consulting more accurate, more complete, or more timely sources of information. If you choose to rely on the content presented on this site, you do so at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only.We reserve the right to modify the content of this site at any time, but we are under no obligation to update the information on our site. You agree that it is your responsibility to monitor changes to our site.
ARTICLE 4 – CHANGES TO THE SERVICE AND PRICES
The prices of our products may be changed without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice and at any time.
We shall not be liable to you or to any third party for any price change, suspension, or discontinuance of the Service.
ARTICLE 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through our website.These products or services may be available in limited quantities and may only be returned or exchanged in accordance with our Return Policy.
We have done our best to display as clearly as possible the colors and images of our products that appear on our store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All product descriptions and product pricing are subject to change at any time without prior notice, at our sole discretion.We reserve the right to discontinue offering a product at any time. Any offer of service or product presented on this site is void where prohibited by law.
We do not guarantee that the quality of all products, services, information, or any other merchandise you have obtained or purchased will meet your expectations, nor that any errors in the Service will be corrected.
ARTICLE 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.In the event that we modify or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.
For more details, please refer to our Return Policy.
ARTICLE 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we have neither monitoring, control, nor influence.
You acknowledge and agree that we provide access to such tools "as is" and "as available," without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no legal liability arising from or relating to your use of these optional third-party tools.
If you use the optional tools offered on the site, you do so at your own risk and discretion, and you should review the terms on which these tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or new features on our site (including new tools and resources).These new features and services will also be subject to these Terms and Conditions of Sale and Use.
ARTICLE 8 – THIRD-PARTY LINKS
Certain content, products, and services available through our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not obligated to examine or evaluate the content or accuracy of these sites, and we do not warrant and will not have any liability or responsibility for any third-party materials, websites, products, services, or other items accessible on or from these third-party sites.
We are not responsible for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with these third-party websites.Please carefully read the policies and practices of third parties and make sure you fully understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding products from these third parties should be submitted directly to them.
ARTICLE 9 – USER COMMENTS, SUGGESTIONS, AND OTHER SUBMISSIONS
If, at our request, you submit specific content (for example, to participate in contests), or if, without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by mail, or otherwise (collectively, "comments"), you grant us the right, at any time and without restriction, to edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you send to us.We are not and shall not be obligated to (1) maintain the confidentiality of comments; (2) pay compensation to anyone for any comments provided; (3) respond to comments.
We may, but have no obligation to, monitor, edit, or remove content that we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any intellectual property or these Terms and Conditions of Sale and Use.
You agree to write comments that do not violate the rights of third parties, including copyright, trademark, privacy, personality, or other personal or proprietary rights.You also agree that your comments will not contain any illegal, defamatory, offensive, or obscene content, nor will they contain any computer viruses or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone you are not, or attempt to mislead us and/or third parties as to the origin of your comments. You are entirely responsible for all comments you post and their accuracy. We assume no responsibility and disclaim any liability for any comments you or any third party post.
ARTICLE 10 – PERSONAL INFORMATION
The submission of your personal information on our store is governed by our Privacy Policy.Click here to view our Privacy Policy.
By accepting SMS marketing from Ellza Canada at checkout and by initiating a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including checkout reminders), SMS marketing offers, and transactional texts, including review requests from us, even if your mobile number is registered on a national or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.
If you wish to unsubscribe from receiving SMS marketing messages and notifications, reply STOP to any mobile message sent by us or use the unsubscribe link provided in one of our messages.You understand and agree that alternative opt-out methods, such as using different words or requests, will not be considered a reasonable means of opting out. We do not charge for the service; however, you are responsible for all fees and charges associated with text messaging imposed by your wireless service provider. Message and data rates may apply.
For any questions, please send the word HELP to the number that sent you the messages.
You can also contact us at info@ellza.ca for more information.
We reserve the right to change at any time any phone number or short code we use to operate the service. You will be notified in such an event.You agree that any message you send to a phone number or short code that we have changed, including any STOP or HELP request, may not be received, and we will not be required to honor requests made in such messages.
To the extent permitted by applicable law, you agree that we are not responsible for any failure, delay, or misdirection of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or the service.
Your right to privacy is important to us. You can review our privacy policy to determine how we collect and use your personal information.
For any questions, please text "HELP" to the number that sent you the messages.You can also contact us for more information. If you wish to unsubscribe, please follow the procedures above.
ARTICLE 11 – ERRORS, INACCURACIES AND OMISSIONS
There may occasionally be information on our site or within the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, delivery times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate, at any time and without prior notice (including after you have placed your order).
We are not obligated to update, modify, or clarify information in the Service or on any related website, including but not limited to pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
ARTICLE 12 – PROHIBITED USES
In addition to the prohibitions set forth in the General Terms and Conditions of Sale and Use, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any regional ordinance or any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, independent website, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of our Service, any other website, or the Internet.We reserve the right to terminate your use of the Service or any related website for violating the prohibited uses.
ARTICLE 13 – DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
We do not guarantee or warrant in any way that your use of our Service will be uninterrupted, timely, secure, or error-free.
We do not guarantee that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time, we may remove the Service for indefinite periods of time or cancel the Service at any time, without prior notice to you.
You expressly agree that your use of the Service, or inability to use it, is at your sole risk.The Service, as well as all products and services provided to you through the Service, are (unless expressly stated otherwise by us) provided "as is" and "as available" for your use, without any representations, warranties, or conditions of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement.
Ellza, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, and licensors can in no case be held liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to loss of profits, revenue, savings, data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any service or product obtained from this Service, or for any other claim related in any way to your use of the Service or any product, including but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if you have been advised of their possibility.Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability will be limited to the maximum extent permitted by law.
ARTICLE 14 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Ellza, our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your violation of these Terms and Conditions of Sale and Use or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
ARTICLE 15 – SEVERABILITY
In the event that any provision of these Terms and Conditions of Sale and Use is deemed to be illegal, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be considered severed from these Terms and Conditions of Sale and Use. Such severance shall not affect the validity and enforceability of any remaining provisions.
ARTICLE 16 – TERMINATION
The obligations and liabilities incurred by the parties prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms and Conditions of Sale and Use are effective unless and until they are terminated either by you or by us.You may terminate these Terms and Conditions of Sale and Use at any time by notifying us that you no longer wish to use our Services, or when you stop using our site.
If we determine, at our sole discretion, that you fail, or if we suspect that you have been unable to comply with the terms of these Terms and Conditions of Sale and Use, we may also terminate this agreement at any time without prior notice to you and you will remain responsible for all amounts due up to and including the date of termination, and/or we may deny you access to our Services (or any part thereof).
ARTICLE 17 – ENTIRE AGREEMENT
Any failure on our part to exercise or enforce any right or provision of these Terms and Conditions of Sale and Use shall not constitute a waiver of such right or provision.
These Terms and Conditions of Sale and Use, or any other policy or operating rule that we post on this site or in relation to the Service, constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding all prior and contemporaneous communications, proposals, and agreements, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions of Sale and Use).
Any ambiguity in the interpretation of these Terms and Conditions of Sale and Use shall not be construed against the drafting party.
ARTICLE 18 – APPLICABLE LAW
These Terms and Conditions of Sale and Use, as well as any separate agreement through which we provide you Services, shall be governed by and interpreted in accordance with the laws in force in Montreal, Canada.
ARTICLE 19 – CHANGES TO THE TERMS AND CONDITIONS OF SALE AND USE
You may review the most current version of the Terms and Conditions of Sale and Use at any time on this page.
We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms and Conditions of Sale and Use by posting updates and changes on our site.It is your responsibility to visit our site regularly to check for any changes. Your continued use of or access to our site after the posting of any modifications to these Terms and Conditions of Sale and Use constitutes acceptance of those changes.
ARTICLE 20 – CONTACT INFORMATION
Questions regarding the Terms and Conditions of Sale and Use should be sent to us at info@ellza.ca.