Terms of Use - Village Craft & Candle

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Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING www.villagecraftandcandle.com. By using our website, you are agreeing to these Terms of Use. If you do not agree, do not use www.villagecraftandcandle.com nor the MyVillage Loyalty Program. These Terms of Use and MyVillage Loyalty Program (collectively, the "Agreement") govern your relationship to MyVillage Loyalty Program with respect to your use of the Village Craft and Candle website.

The website located at www.VillageCraftandCandle.com (or the "Site") is owned and operated by Village Craft and Candle Inc. and inclusive of the features provided include the MyVillage Loyalty Program. Village Craft and Candle Inc. is an Ontario corporation, with its principal place of business at 11-111 Zenway Blvd., Woodbridge, Canada. When used herein the terms "we", "us", and "our" refer to the Village Craft and Candle website and our MyVillage Loyalty Program.

We reserve the right, at any time, to modify, alter, update, or omit these terms and conditions of use. We will notify you of such changes by email at the address you registered with or by prominent notice on the Site. Your continued usage of the Site following such notification shall constitute your acceptance of the changes. If you do not agree to any such changes you must immediately cease using the Site.

Use of VillageCraftandCandle.com and MyVillage Loyalty Program

Generally,

  1. As a condition of your use of this Site, you warrant that (i) you are at least 18 years of age; (ii) you possess the legal authority to create a binding legal obligation; (iii) you will use this Site in accordance with this Agreement; (iv) you will only use this Site to make legitimate purchases for you or for another person for whom you are legally authorized to act; (v) you will inform such other persons about the terms and conditions that apply to the purchases you have made on their behalf, including all rules and restrictions applicable thereto; and (vi) all information supplied by you on this Site is true, accurate, current and complete. We retain the right at our sole discretion to deny access to anyone to this Site, the programs, and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.
  2. You may only register one (1) MyVillage Loyalty Program account on VillageCraftandCandle.com.
  3. You may register and join the MyVillage program on VillageCraftandCandle.com. When you join MyVillage as a new user, you will be required to provide a username and password for your account. Your email address will be used as your username login identification. Social account enabled login via Google, Facebook, Amazon, and Twitter API is also supported after registration and can be used to open and access your MyVillage account with VillageCraftandCandle.com.
  4. You are responsible for keeping your user ID and password confidential.
  5. We reserve the right to terminate and delete any accounts at our sole and absolute discretion at any time and without notice.
  6. You may use the MyVillage program and discounts available for personal, business, and commercial purposes.
  7. MyVillage V Points have no cash value and can only be used as a discount credit on subsequent purchases on VillageCraftandCandle.com.
  8. We are entitled to act on all instructions received by anyone using your account and are not responsible for any transaction made without your authorization.
  9. You agree that we may transfer your personal data, or the personal data of others on whose behalf you are transacting, for the purposes of facilitating a transaction, facilitating the MyVillage Loyalty Program in general, and providing sales support for a transaction.
  10. You consent to receive transactional, commercial and marketing communications both related to the MyVillage activities specifically, and to our other products and services generally (including products or services related on VillageCraftandCandle.com), from us electronically, except in those jurisdictions where your express consent is required to receive commercial or marketing communications electronically. Commercial and marketing communications may include notifications about relevant special offers or opportunities available from our partners. In such an event, we will send you commercial or marketing communications electronically only if you have provided your express consent by proactively opting-in to receive such communications from MyVillage Loyalty Program and VillageCraftandCandle.com regarding its products and services.
  11. We will communicate with you by e-mail or by posting notices on VillageCraftandCandle.com. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfies any legal requirement that such communications be in writing.
  12. To the extent you transact on this Site through customer support agents, you agree that this Agreement shall apply to all such transactions.
  13. Please read the Agreement carefully. If you do not accept all of these terms and conditions, please do not use this Site.

Prohibited Activities

The content and information on this Site, as well as the infrastructure used to provide such content and information, is proprietary to VillageCraftandCandle.com, our suppliers and/or our partners. You are licensed to use our Site solely for the purpose set out above. You are not permitted to copy our Site. While you may make limited copies of transaction related documents for products or services purchased or exchanged through this Site, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Site. Additionally, you agree not to:

  1. make any speculative, false, or fraudulent claims about your membership to MyVillage Loyalty Program or make any speculative, false, or fraudulent reviews about our products;
  2. access, monitor or copy any content or information of this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission
  3. violate the restrictions in any robot exclusion headers on this Site or bypass or circumvent other measures employed to prevent or limit access to this Site;
  4. take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
  5. deep-link to any portion of this Site (including, without limitation, the purchase path for any transaction) for any purpose without our express written permission; or
  6. "frame", "mirror" or otherwise incorporate any part of this Site into any other website without our prior written authorization.

Tracking Your MyVillage V Points Balance

VillageCraftandCandle.com allows you to track the balance of your MyVillage Loyalty “V Points” belonging to your account. In order for us to track your balances and display them to you, we need to know specific information regarding your Site account (such as your MyVillage Program account number, ordering activity, user identification, personal identification number, password and/or access code, etc.). This information enables us to update your account balances on an ongoing basis. By providing this information to us you authorize us to use and disclose such information to third parties on your behalf in order to display your balances, to execute adjustments, and complete transactions on VillageCraftandCandle.com.

VillageCraftandCandle.com Transactions

  1. VillageCraftandCandle.com allows you to conduct the following MyVillage program transactions:
    1. You earn MyVillage V Points with every purchase equivalent to one (1) V Point for each one dollar ($1.00) spent on VillageCraftandCandle.com:
    2. You earn MyVillage V Points for a selection of activities such as referrals, completing your profile, submitting product reviews, subscribing to our marketing newsletter, etc.
    3. You may exchange your MyVillage V Points for a discount credit on a future purchase at denominations that we establish via an custom checkout code; or
    4. You may redeem your MyVillage V Points for a gift code for use by someone you share the discount code with.
  2. The following terms and conditions apply to all MyVillage transactions you conduct through VillageCraftandCandle.com:
    1. ALL TRANSACTIONS ARE FINAL AND NON-REFUNDABLE. ONCE A TRANSACTION HAS BEEN SUBMITTED IT MAY NOT BE CANCELLED OR REVERSED;
    2. V POINTS ARE NON-TRANSFERABLE AND CANNOT BE MOVED FROM ONE ACCOUNT TO ANOTHER; EVEN IN CASES THAT TWO ACCOUNTS ARE CONTROLLED BY THE SAME PERSON;
    3. WE RESERVE THE RIGHT TO REVIEW, CANCEL AND REVERSE ANY TRANSACTION IN THE EVENT OF FRAUD, A CHARGE-BACK OF ANY TRANSACTION FEE PAID BY CREDIT CARD, OR AN ERROR OR MISTAKE MADE BY US, INCLUDING ERRORS IN ANY LOYALTY POINT CONVERSION, REDEMPTION OR SWAP RATE. YOU HEREBY CONSENT TO THE REMOVAL OF LOYALTY POINTS FROM YOUR LOYALTY PROGRAM ACCOUNTS AS REQUIRED BY US TO REVERSE A CANCELLED TRANSACTION;
    4. you agree to comply with the terms, conditions and rules of the MyVillage Loyalty Program involved in your transaction;

Misprints and Errors

We endeavour to provide current and accurate information on VillageCraftandCandle.com regarding the offers, products, prices and discounts available to you. Nevertheless, errors and misprints occur. Accordingly, we reserve the right to reject, correct, cancel or terminate any transaction for which the price or offer details were incorrectly displayed or for which any other erroneous or inaccurate information was provided. We reserve the right to do this at any time during the transaction process, including after a transaction has been submitted and even if the transaction has been confirmed by us. Under no circumstances are we obligated to process or complete any transaction based on any error, misprint or otherwise.

User Content

You represent and warrant that you exclusively own any content that you post to VillageCraftandCandle.com. To the extent any such content is covered by intellectual property rights, like photos, you specifically grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use such content on or in connection with our Site.

Proprietary Rights

Any data, text, graphics, images, audio and video clips, logos, icons, software, and links (collectively, the “Materials”), and any intellectual property and other rights relating thereto, are and will remain the property of VillageCraftandCandle.com, MyVillage Loyalty Program, and/or our suppliers and partners. The Materials and the selection, compilation, collection, arrangement, and assembly thereof are protected by Canadian and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable. You must retain all copyright and other proprietary notices on downloaded and copied Materials, and any such downloads or copies are subject to the terms and conditions of this Agreement.

You may make limited copies of documents related to transactions conducted via the Site (e.g., your order history, invoices, etc.) for personal or commercial use. You may not copy, reproduce, republish, upload, post, transmit, or distribute the Materials or other content or information available on or through the Site in any way without our prior written permission. Use or downloading of the Materials is conditioned on acceptance of the terms and conditions of any license agreements relating to such Materials, including agreements of third parties. By acquiring or using the Materials, you agree to such terms and conditions.

The trademarks, logos, and service marks displayed on the Site (collectively the “Trademarks”) are the registered and unregistered trademarks of Village Craft and Candle Inc., MyVillage Loyalty Program, our suppliers and/or partners, or their respective licensors and suppliers. The Trademarks, whether registered or unregistered, may not be used in any manner that is likely to cause confusion with customers, or in any manner that disparages Village Craft and Candle, MyVillage Loyalty Program, our suppliers and/or partners, or their respective licensors and suppliers. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any registered or unregistered Trademark.

Linked Sites

We make no claim or representation regarding, and accept no responsibility for, the quality, content, nature, or reliability of sites accessible by hyperlink from this Site, or sites linking to this Site. The linked sites are not under the control of VillageCraftandCandle.com and we are not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. We are providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption of the site or any information contained therein. When leaving the Site, you should be aware that our terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site. Please also be sure to read any posted Privacy Policies.

Termination

This Agreement shall remain effective until we or you terminate it. We may terminate this Agreement, your account and/or your ability to use the MyVillage Loyalty Program, the Site or any portion thereof immediately, without notice to you, at any time and for any reason, with or without cause, including if, in our sole discretion, you fail to comply with any of these terms and conditions of use or engage in any fraudulent, criminal or other unauthorized activity. We may also close and terminate your account due to inactivity.

Changes

We reserve the right, at any time, to: (1) change the terms and conditions of this agreement; (2) change the Site, including eliminating or discontinuing any product we sell, content published or feature of the Site; and/or (3) change any fees or charges for use of the Site. Any changes we make will be effective immediately and automatically without further or special notice. Your continued use of the Site following such changes will be deemed acceptance of such changes.

We further reserve the right at any time, without notice, to: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and/or (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Governing Law and Disputes

This Agreement and your use of VillageCraftandCandle.com is governed exclusively by the laws of the Province of Ontario, Canada notwithstanding any principles of conflicts of law. To the extent permitted by applicable law, any claim, dispute or controversy between you and us shall be determined by final and binding arbitration, with no right of appeal, even on questions of law. Such arbitration will be conducted in Toronto, Ontario, Canada in the English language pursuant to the National Arbitration Rules of the ADR Institute of Canada. If the foregoing arbitration is not permitted by applicable law or any court with jurisdiction, you irrevocably agree that all claims, disputes or controversies shall be settled exclusively by the courts of the Province of Ontario.

Disclaimer

You agree that your use of the Site shall be at your sole risk. The Site and the services offered thereon are provided "as is" without warranty, representation, condition or guarantee of any kind, either expressed or implied, including but not limited to any implied warranties, representations, conditions or guarantees of quality, merchantability, merchantable quality, fitness for a particular purpose or non-infringement, all of which are disclaimed to the fullest extent permitted by law. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. Village Craft and Candle Inc., MyVillage Loyalty Program nor any of its affiliates, licensors, suppliers, advertisers, sponsors, and agents warrant that your use of the Site or the software we employ will be uninterrupted, error-free or secure, that defects will be corrected, or that the Site, the server(s) on which the Site is hosted or software are free of viruses or other harmful components.

Although VillageCraftandCandle.com makes reasonable efforts to ensure the security and accuracy of customer data, including balances displayed to you relating to the MyVillage Program are accurate and up to date, we cannot ensure that this will always be the case and hereby disclaims any responsibility for the accuracy of such balances.

Limitation of Liability

Neither VillageCraftandCandle.com, MyVillage Loyalty Program, its suppliers and/or its partners, nor any of our/their affiliates, licensors, suppliers, advertisers, or sponsors, nor any of our/their directors, officers, employees, contractors, consultants, agents, or other representatives, are responsible or liable for any indirect, incidental, consequential, special, exemplary, punitive, or other damages (including, without limitation, damages for loss of business, loss of data, or lost profits), under any contract, negligence, strict liability or other theory arising out of or relating in any way to the Site and/or materials contained on the Site, the software, any linked site or any product or service purchased through the Site.

Your sole remedy for dissatisfaction with VillageCraftandCandle.com, materials, software or any linked site is to stop using the Site, materials, software or linked site, as applicable. Our maximum liability for all damages, losses and causes of action, whether in contract, tort (including, without limitation, negligence) or otherwise, shall in no event exceed the amount paid by you for the transaction giving rise to the claim. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Indemnity

You agree to indemnify, defend, and hold VillageCraftandCandle.com., MyVillage Loyalty Program, and our respective affiliates, licensors, suppliers, advertisers, and sponsors, and their respective directors, officers, employees, contractors, consultants, agents, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement; (b) any allegation that any submissions or other materials you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret, or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Site.

Entire Agreement, Waiver and Severability

This Agreement, together with any applicable transaction request and confirmation, and our Privacy Policy constitute the entire agreement between you and us with respect to your use of VillageCraftandCandle.com and the processing of any transactions thereon and supersede all prior or contemporaneous agreements or understandings, if any, whether written or oral, relating to such subject matter. No modification, amendment or waiver of this Agreement shall be effective or binding unless made in writing and signed by us. If any of the provisions of this Agreement shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provision.

We shall have no liability for delays or failure in performance caused by any event beyond our control.