Terms and Conditions
Terms and Conditions
Please read the following Terms and Conditions of use carefully before using the website.All users of this site agree that access to and use of this site, are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
The jouetschoochoo.com website, its design, text, graphics, content, video, audio and the selection and arrangement thereof are the property of Jouets Choo-Choo Inc., and are protected under the copyright laws of Canada and other countries. None of the content on the jouetschoochoo.com website, in whole or in part may be reproduced, republished, distributed, displayed, sold, transferred or modified without the express written permission of Jouets Choo-Choo Inc.
All trademarks, service marks and trade names of jouetschoochoo.com used in the site are trademarks or registered trademarks of Jouets Choo-Choo Inc. These trade marks and related proprietary property may not be used except with the express written consent of Jouets Choo-Choo Inc.
Restrictions on Use
The jouetschoochoo.com website may not, in whole or in part, be copied, distributed, republished, uploaded, posted, reproduced or transmitted in any way without the prior written consent of Jouets Choo-Choo Inc. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with jouetschoochoo.com. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with jouetschoochoo.com. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Jouets Choo-Choo Inc. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Jouets Choo-Choo Inc. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Jouets Choo-Choo Inc. does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Jouets Choo-Choo Inc. does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
Limitation of Liability
Jouets Choo-Choo Inc. shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Jouets Choo-Choo Inc. has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Jouets Choo-Choo Inc. is not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failure or circumstance affecting, disrupting or corrupting communications.
Jouets Choo-Choo Inc. assumes no responsibility and shall not be liable for any damage to, or viruses that may affect your computer equipment or other property on account of your access to or use of jouetschoochoo.com or your downloading of any material, data, text, images, video or audio from jouetschoochoo.com. In no event shall Jouets Choo-Choo Inc. be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, direct, indirect, incidental or consequential damages of any kind arising out of or in any way connected with the access to or use of jouetschoochoo.com or content found therein.
Use of Site
Jouets Choo-Choo Inc. reserves the right to, without notice; change the jouetschoochoo.com website, including the Terms and Conditions of use of jouetschoochoo.com. Please check this page periodically for changes. Your use of jouetschoochoo.com will be conditional upon your acceptance of the Terms and Conditions in force at the time of your use.
Harassment in any manner or form on jouetschoochoo.com, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Jouets Choo-Choo or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You are prohibited from contributing, posting or transmitting any infringing, unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law. You may not upload commercial content on jouetschoochoo.com or use jouetschoochoo.com to solicit others to join or become members of any other commercial online service or other organization.
Jouets Choo-Choo Inc. does not and cannot review all communications and materials posted to, or created by, users accessing the site and are not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, jouetschoochoo.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, jouetschoochoo.com reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Jouets Choo-Choo Inc in its sole discretion.
Jouets Choo-Choo Inc. reserves the right to limit quantities, refuse orders, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Jouets Choo-Choo Inc. believes that customer conduct violates applicable law or is harmful to the interests of Jouets Choo-Choo Inc. or any Third Parties. In its sole discretion, in addition to any other rights or remedies available to Jouets Choo-Choo Inc. and without any liability whatsoever, Jouets Choo-Choo Inc. at any time and without notice may terminate or restrict your access to any component of jouetschoochoo.com.
Due to competitive market pressures, prices are subject to change. Jouets Choo-Choo reserves the right to correct, at any time, any pricing errors.
In the event that a Jouets Choo-Choo Inc. product is mistakenly listed at an incorrect price, Jouets Choo-Choo Inc. reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Jouets Choo-Choo Inc. reserves the right to refuse or cancel any such orders whether or not 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 cancelled, Jouets Choo-Choo Inc. shall issue a credit to your credit card account in the amount of the incorrect price.
The cost of delivery and all applicable sales taxes are over and above the product price (except where it is indicated that delivery is included).
All prices are in Canadian dollars.
All remarks, suggestions, ideas, graphics, or other information communicated to Jouets Choo-Choo Inc through or by reason of this site by email or otherwise (collectively the "Submission") will forever be the property of Jouets Choo-Choo Inc. If you provide Jouets Choo-Choo Inc. with a Submission you grant Jouets Choo-Choo Inc. a non-exclusive, royalty free, perpetual, irrevocable and fully sub-licensable right to use, delete, reproduce, modify, adapt, publish, translate, create derivative works for, distribute and display such Submission throughout the world in any media, now known or hereafter developed, and you waive all moral rights in the Submission. You also grant Jouets Choo-Choo Inc. the right to use the name you submit with the Submission, if any, in connection with Jouets Choo-Choo's rights hereunder.
Risk of Loss
Any products purchased from Jouets Choo-Choo Inc. are delivered to you by a third party delivery company, pursuant to a shipping contract. The risk of loss for such products is passed to the purchaser at the time of delivery by Jouets Choo-Choo Inc. to the third party shipper.
The jouetschoochoo.com website may contain links to sites operated by third parties solely as a convenience to you. However, even if the third party is affiliated with jouetschoochoo.com, Jouets Choo-Choo Inc. has no control over these linked sites, is not responsible for the content of any other websites and makes no representation or warranty regarding any other websites or the contents or materials on such websites. These linked sites are only for your convenience and therefore you access them at your own risk.
You agree to indemnify, defend, and hold harmless Jouets Choo-Choo Inc., its officers, directors, employees, consultants, representatives, agents and suppliers from and against any claim, all losses, expenses, damages and costs, including without limitation reasonable legal, accounting and other professional fees, resulting from any violation of these terms and conditions or any activity related to your use of jouetschoochoo.com account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
This Agreement, your access to and use of jouetschoochoo.com, and all related matters are governed solely by the laws of the Province of Quebec, Canada and applicable federal laws of Canada. You consent and submit to the exclusive jurisdiction of the courts located in the City of Montreal, in the Province of Quebec, Canada, in all disputes arising out of or relating to the use of jouetschoochoo.com and these Terms and Conditions.
If any provision of this Agreement is held to be invalid or unenforceable for any reason, then the provision will be deemed to be severed from this Agreement and the remaining provisions will continue in full force and effect.
The headings used in these Terms and Conditions are included for convenience only and do not limit or otherwise affect the Terms and Conditions.