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- Agreement to Terms and Conditions
1.1 Acceptance of Terms and Conditions
1.1.1 The website lualoha.com is owned and operated by Sell & Company, Inc., trading as “Lualoha”. References to “we”, “us”, our” or “the website” are references to Sell & Company and/or Lualoha, “hereinafter referred to as “Sell & Company” Inc. We are a company registered in Canada, and our address for correspondence is:
76 Cameron, Hudson, Quebec, J0P 1H0, Canada.
1.1.2 Your use of this website, Sell & Company, Inc. is at all times subject to these Terms and Conditions as applicable to your use of the website and all applicable laws. By accessing our website you agree to our Terms and Conditions set out below. If you do not agree to these Terms and Conditions, you must exit our website immediately.
1.2 Changes to Terms and Conditions
1.2.1 We reserve the right, from time to time, without notice to you, to change these Terms and Conditions at our sole discretion. The Terms and Conditions applicable to your access to and use of this website will be the version that is current and displayed on the website as at each date you access the website. Your use of the website after changes are made means that you agree to be bound by such changes.
1.3 Membership and Billing
1.3.1 You can find the specific details regarding your subscription with Sell & Company (Lualoha) including your next scheduled orders, by clicking on the relevant section of the website.
- Website Use Terms and Conditions
2.1 You agree not to upload, post, email or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with this website. You also agree not to interfere with the servers or networks underlying or connected to this website or our services or to violate any of the procedures, policies or regulations of networks connected to this website.
2.2 You agree not to impersonate any other person while using this website, conduct yourself in an offensive manner while using our website, or use the website for any illegal, immoral or harmful purpose.
2.3 You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. In order to provide you with an easy-to-use service, Sell & Company will place a ‘cookie’ (a small text file) on any computer you use to access the website. When you revisit the website, this cookie will enable us to recognize you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification.
3.1.1 This website and its content is copyright of Sell & Company, Inc. All rights reserved.
3.2.1 All trademarks, logos, images, product and company names displayed or referred to on this website are the property of their respective owners. Nothing on this website grants you any license or right to use, alter or remove such material.
3.3 User Material
3.3.1 In these Terms and Conditions, we use the term ‘User Material’ to refer to any material of any kind that you submit to us, including text, files, images, photos, video, sounds and musical or literary works. It does not include the account information you provide when you register as a member or when you subsequently change that information.
3.3.2 This section of our Terms and Conditions sets out the rights and obligations that you and we have in connection with User Material. If you review or submit User Material you are agreeing to do so on these Terms and Conditions. If you do not want to review or submit User Material on these terms, then you should not do so.
3.3.3 We do not systematically review User Material submitted by users of this website. We are not responsible for the content of User Material. We do not endorse any opinion contained in such material. We make no warranties or representations, express or implied, about User Material, including as to its legality or accuracy. We disclaim all liability in connection with User Material to the extent permitted by law.
3.3.4 We reserve the right, in our sole discretion, to refuse to post or to remove or edit any of your User Material, or to restrict, suspend, or terminate your access to all or any part of this website, particularly where User Material breaches this section of the Terms and Conditions and we may do this with or without giving you any prior notice.
3.3.5 We do not claim any ownership rights in User Material. However, by submitting User Material you hereby grant to Sell & Company, Inc. a non-exclusive, royalty-free, sub licensable, transferable and worldwide license to use, reproduce, modify, prepare derivative works of, display and perform that User Material in any media (including, but not limited to, our website and those websites which we operate by way of a ‘white label’ or ‘co-branded’ service for third parties).
3.3.6 We may link User Material or parts of User Material to other material, including material submitted by other users of the website or created by Sell & Company, Inc. and/or other third parties. We may use User Material for our internal business purposes, for example, to examine trends or categories and to use those in the website or to promote, market or advertise Lualoha. We will not sell your User Material to third parties but you acknowledge that we may indirectly commercially benefit from it, for example, by selling third party advertising which appears next to User Material.
3.3.7 Each time you submit User Material to us, you represent and warrant to us as follows: (a) you own your User Material or have the right to submit it, and in submitting it you will not be infringing any rights of any third party, including intellectual property rights (including copyright or trademark), privacy or publicity rights, rights of confidentiality or rights under contract; (b) your User Material is not illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive; does not encourage conduct that would be considered a criminal offense, give rise to civil liability, violate any law; and is not otherwise inappropriate; (c) your User Material does not advertise any product or service or solicit any business; (d) your User Material does not identify any individual (including by way or name, address or a still picture or video) under the age of 18 and if User Material identifies any individual over the age of 18, you have that person’s consent to being identified in exactly that way in your User Material; and (e) in submitting your User Material you are not impersonating any other person.
3.3.8 Links to other websites – From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
Once you have used these links to leave our site we cannot be responsible for the protection and privacy of any information, which you provide whilst visiting such sites and our privacy statement does not govern such sites. You should exercise caution and look at the privacy statement applicable to the website in question.
- Joining Us
4.1 If you change address, you must update your address details in the relevant section of the website to ensure that no boxes are sent out to the wrong address. Please ensure this is done before you move as you will be liable for any boxes posted to the wrong location.
4.2 We may refuse any application to join Sell & Company, Inc.or receive our services for any reason whatsoever. Please note that by supplying your telephone number on joining us you grant us permission to contact you via phone regarding your account and any special offers or promotions that we may offer you from time to time.
- Availability of Website
5.1 Although we aim to offer you the best service possible, we make no promise that our website services will meet your requirements and we cannot guarantee that the service will be fault free. If a fault occurs in the service, please report it to us (see below for contact details) and we will correct the fault as soon as we reasonably can.
5.2 Your access to the Lualoha website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will restore the service as soon as we reasonably can. In the event that our website is unavailable, our usual order and cancellation deadlines apply; please notify us of changes to your order via email or telephone.
6.1 If you register as a Lualoha website member, all the relevant terms of these Terms and Conditions shall apply.
6.2 As a Lualoha website member you will receive access to the Lualoha website, although you will not be entitled to obtain chargeable Lualoha services unless you agree to the applicable Terms and Conditions prior to registering for such services.
6.3 You may submit orders online at any time after you have created an account. The facility and our communications to you in relation to any order will be in the English or French language, based on your personal settings. The facility allows you to review your order and make any corrections before submitting it to us and by submitting the order you confirm that you have made any such corrections. The website allows you to review all the products that you have already ordered from us.
6.4 Your submission of an order amounts to an offer to enter a contract to buy the products from us; you cannot then withdraw or cancel your order except as specifically stated in these Terms and Conditions.
6.5 No order is accepted from you until our website displays an order confirmation message. This message is displayed after you schedule the frequency in the your deliveries page.
- Free or discounted offers
7.1 Discounts and credits cannot be used in conjunction with any other offers.
7.2 You must have internet access and valid payment details to redeem a free or discounted offer.
Payment is made at time of purchase and your order will be shipped within 1-3 business days.
- Delivery and Return of Boxes
9.2 We currently use Canada Post to deliver our order to you. Actual delivery times may vary for you depending on;
- our stock availability,
- your delivery address,
- when you make your selection, and
- circumstances impacting delivery by Canada Post.
We reserve the right to use alternative delivery methods without prior notification.
9.3 You will not hold us responsible for any delays, outside our control, which relate to the delivery of your order.
9.4 It is the customer’s responsibility to report a lost order. Customers are obliged to comply with either Canada Post’s claim compensation process or Sell & Company, Inc’s process.
9.5 If you are dissatisfied with any product you receive from us, please contact our customer services team on [email protected]
10.1 You agree that you will not infringe any rights including intellectual property rights of any person including, without limitation, copying, reproducing or otherwise modifying any material provided as part of the Service.
10.2 All content and programming of the Lualoha website is the property of Sell & Company, Inc. You may not reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Lualoha website without written permission from Sell & Company, Inc.
- Promotion Codes
12.1 Any promotion code or offer provided on this site cannot be used in conjunction with any other promotion, past or present.
- Disclaimer of Warranties and Limitations on Liability
13.1 This website and its contents are provided “as is” and on an “as available” basis and we make no representations or warranties of any kind with respect to it. We assume no liability or responsibility for any errors or omissions in the content of the website, any failures, delays, delivery or downloading of any content contained on the website, any costs, losses, expenses or damages arising from the use of the content provided on the website or any conduct by users of the website. Subject to clause 13.1, we disclaim all representations and warranties, including, for example, warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current.
13.2 Subject to clause 13.1, our maximum liability to you, (whether in contract (including negligence), breach of statutory duty or otherwise), arising out of or in connection directly or indirectly with your use of the website, website content or our services shall not exceed in aggregate the greater of $1 and/or the total amount paid by you to us in respect of Sell & Company, Inc.Services in the month preceding any such claim but, if you are a consumer, please note that this does not affect your statutory rights.
13.4 Subject to clauses 13.1, 13.2 and 13.3 our maximum liability to you, (whether in contract, tort, (including negligence), breach of statutory duty or otherwise), arising out of or in connection directly or indirectly with your use of the website, website content or our services shall not exceed in aggregate the greater of $1 and/or the total amount paid by you to us in respect of Sell & Company, Inc.Services in the month preceding any such claim but, if you are a consumer, please note that this does not affect your statutory rights.
- Applicable Law
14.1 This website is controlled by Sell & Company, Inc. Your use of this website is governed by these Terms and Conditions and construed and enforced in accordance with the laws of Canada. Disputes arising from your use of this website and the services we provide are subject to the non-exclusive jurisdiction of the Canadian courts.
- Assignment by Us
15.1 You agree that we may assign any of our rights and/or transfer, sub-contract or delegate any of our obligations under these Terms and Conditions. These Terms and Conditions are personal to you and are agreed to by you for your own benefit and not for the benefit of any other party.
- Memberships are Non-Transferable
16.1 Lualoha memberships are not transferable and therefore cannot be sold or traded.
- No Waiver
17.1 If we delay exercising or fail to exercise or enforce any right available to us under these Terms and Conditions, such delay or failure does not constitute a waiver of that right or any other rights under these Terms and Conditions.
- Force Majeure
18.1 We will not be liable to you for any lack of performance, or the unavailability or failure, of this website or our services, or for any failure by us to comply with these Terms and Conditions, where such lack, unavailability or failure arises from any cause reasonably beyond our control.
- Third Party Rights
19.1 Subject to clause 13.3, and excluding the provisions of clause 3.1.2 which confers a benefit upon Third Party Licensor’s as applicable, which you hereby acknowledge and agree shall be directly enforceable by such third parties, nothing in these Terms and Conditions confers on any third party any benefits under the provisions of the Contracts.
19.2 In accordance with clause 1.2.1, we may rescind, waive, assign, release or vary any or all of the provisions in this Agreement in any way without consent of any third party.
- Damaged or Defective Items
20.1 You must inspect the products on day of receipt and notify us the same day of any defects. We will replace or refund you for defective products if notified of any damage or defects on the day of receipt.
- Indemnity by you
21.1 You agree to indemnify and hold Sell & Company, Inc., its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with any breach by you of these Terms and Conditions or any violation by you of any applicable laws or the rights of any third party.
- Website disclaimer
22.1 The information contained in this website is for general information purposes only. The information is provided by Sell & Company, Inc.and whilst we endeavor to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
22.2 This website and its content are copyright of Sell & Company, Inc.
22.3 This version last updated June 12st, 2015.