Terms of Use
Acceptance of the Terms of Use
These terms of use are entered into by and between you and OCEANNA THE LABEL CORP, doing business as “Oceanna The Label” (“Company,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of https://oceannathelabel.com/, including any content, functionality and services offered on or through https://oceannathelabel.com/ (the “Website”), whether accessed as a guest or a registered user and regardless of the device through which the Website is accessed.
Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, (https://oceannathelabel.com/pages/terms-of-sale) and https://oceannathelabel.com/pages/privacy-policy-1), incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.
By agreeing to these Terms of Use, you represent that you are at least the age of majority in your state, province, or country of residence, and, if applicable, you have given your consent to allow any of your minor dependents to use this Website. If you do not meet all of these requirements, you must not access or use the Website.
Changes to these Terms of Use
We may revise and update these Terms of Use from time to time in our sole and unfettered discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. The “Last Modified” date for these Terms of Use is set forth at the bottom of this page. Any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
Services
Our Website allows users to browse, view, choose, and purchase various products (“Products”). We provide certain content to complement our Products (the “Product Content”), and all our Product Content is provided for informational purposes only. We may, in our sole discretion, change, delete, update, modify or otherwise alter Products and Product Content at any time without providing you notice, and, in addition, we may change the pricing, and availability of Products in our sole discretion at any time without providing you notice. All photos, videos, and other images of Products on our Website are for illustrative purposes only. The actual Product may vary from that shown on our Website. We make reasonable efforts to accurately display the attributes of our Products, including the applicable colours; however, the actual colour you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colours. The inclusion of Products on our Website at any time does not guarantee that these Products will be available for purchase. Our current prices can be found on the Website.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users. You are responsible for both: i) making all arrangements necessary for you to have access to the Website; and ii) ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
To create an account on the Website, you will be asked to provide your first name, last name, email address, and to create a password. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose a password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your password or other security information. You agree to notify us immediately of any unauthorized access to or use of your password or any other breach of security. You also agree to ensure that you exit
from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any password and/or account access at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
Intellectual Property Rights
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by Canadian and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows: i) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; ii) you may store files that are automatically cached by your Web browser for display enhancement purposes; or iii) if we provide certain content through our third party social media platforms, you may take such actions as are enabled by
such features.
You must not and are not permitted to: i) modify copies of any materials from this site; ii) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; or iii) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. If you wish to make any use of material on the Website other than that set out in this section, please address your request to: info@oceannathelabel.com.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use
and may violate copyright, trademark, and other laws.
Trademarks
The Company name, the term “OCEANNA THE LABEL” and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You shall not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the Canada, the US or other countries);
ii) Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
iii) Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent;
iv) Use any device, software or routine that interferes with the proper working of the Website;
v) Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
vi) Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website;
vii) Attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or
viii) Otherwise attempt to interfere with the proper working of the Website.
We have the right to:
discretion;
ii) Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for the Company;
iii) Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
iv) Take appropriate legal action, including without limitation, referral to law
enforcement, for any illegal or unauthorized use of the Website;
v) Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.
ii) Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
iii) Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person;
iv) Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy;
v) Be likely to deceive any person;
vi) Promote any illegal activity, or advocate, promote or assist any unlawful act;
vii) Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
viii) Impersonate any person or misrepresent your identity or affiliation with any person or organization;
ix) Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; or
All prices displayed on the Website are quoted in Canadian dollars. We reserve the right without prior notice to discontinue or change specifications and prices on products and services offered on the Website without incurring any obligation to you. Products displayed on the Website are available while supplies last. The receipt by you of an order confirmation does not constitute the Company’s acceptance of an order. Prior to our acceptance of an order, verification of information may be required. The Company reserves the right at any time after
receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from us, for any reason. The Company reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification. In the event that a product or service is listed at an incorrect price due to supplier pricing information or typographical error, the Company has the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been
confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, the Company shall promptly issue a credit to your credit card account in the amount of the incorrect price.
The owner of the Website is based in the Province of Ontario in Canada. We make no claims that the Website or any of its content is accessible or appropriate outside of Canada. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside of Canada, you do so on your own initiative and are responsible for compliance with local laws.
THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO THE WEBSITE OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE PRODUCT CONTENT, USER CONTENT, INFORMATION AND MATERIALS ON THE WEBSITE OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, INFORMATION AND MATERIALS. FURTHER, THE COMPANY DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE WEBSITE OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT AND MATERIALS ON THIS SITE ARE PROVIDED TO USERS "AS IS" WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, ACCURACY, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. THE "AS IS" CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE WEBSITE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED $50. The foregoing limitation of liability does not apply to liability resulting from our gross negligence or willful misconduct, nor does it affect any liability which cannot be excluded or limited under applicable law.