Terms & Conditions
Reservation of Right to Modify Terms
IHOCÂ reserves the right to modify these Terms at any time. In the event that these terms are modified, the revised Terms shall be effective immediately upon posting of revised Terms. Your continued use ofÂ www.caviar.bc.caÂ following the posting of any revised Terms shall be deemed to indicate your acceptance of the revised Terms. Because of this, you should periodically review these Terms.
Usage Restrictions & Limited License
www.caviar.bc.caÂ contains material, including written materials, third party information, software, source and/or object code, data, images, video, music, sounds, trademarks (collectively “Content”), which is owned in whole byÂ IHOCÂ and may be protected by international copyright, trademark, privacy, communications and other laws, rules and regulations. You may not modify, copy, reproduce, republish, download, transmit or distribute in any way any Content without IHOC’s prior written consent.
You may use the Site and the Content offered on the Site only for personal, non-commercial purposes. You may use Content offered for downloading (if any) for personal use only and subject to the rules that accompany that particular Content. You may not use any Content in a manner that exceeds the rights granted for your use of the Content. You may not use any data mining software, robots, spiders, web-crawlers, or similar data gathering and extraction tools on the Content, frame any portion of the Site or the Content, or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Content without our prior written consent. You may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction or distribution of Content.
Ordering, Shipping and Returns
TheÂ www.caviar.bc.caÂ website may be used to order a selection of products fromÂ IHOCÂ online.
IHOCÂ reserves the right to cancel any order placed by a customer if there is reasonable cause to suspect that such customer has violated these Terms and Conditions, or is engaged in any fraudulent activity or for any other legitimate reason.
Products purchased onÂ www.caviar.bc.caÂ will be shipped via FedEx overnight due to their perishable nature. Orders over $500 will receive free FedEx overnight shipping.
If you are unsatisfied with your order, you may return any full price or regular sale item ordered onÂ www.caviar.bc.ca. In order to return an item, please complete our online return form to get an RMA number issued before sending your order back. You can obtain an RMA number at:Â http://www.caviar.bc.ca/cav/index.php?route=account/return/insert
Once an RMA is issued, instructions on how/where to return your order will be provided.
Final sale or clearance items may not be returned or exchanged upon receipt of merchandise.
IHOCÂ will not be responsible or liable if any product you wish to return is delivered late or lost. In addition,Â IHOCÂ has sole discretion in determining whether the products are in original condition when returned.
Using theÂ IHOC LtdÂ Logo
IHOCÂ does not permit the use of its name or its products names in advertising, as an endorsement for any product or service or for any other commercial purpose without express prior permission. Similarly, graphics, logos and content created byÂ IHOC LtdÂ are the property ofÂ IHOCÂ and may not be used without express prior permission.
Use of the Site
You may use the Site for lawful purposes only. You may not submit or transmit through the Site any material, or otherwise engage in any conduct that:
Violates or infringes the rights of others including, without limitation, the patent, trademark, copyright, publicity/privacy or other proprietary rights of any third party;
is unlawful, threatening, abusive, harassing, deceptive, fraudulent, invasive of another’s privacy, tortious, or contains explicit or graphic descriptions, or accounts, of sexual acts or is obscene/pornographic; gender,
contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
violates these Terms or any other guidelines or policies posted on the Site;
could damage, disable, overburden, or impair IHOC’s servers or networks, or interfere with the operation, or any other party’s use and enjoyment, of the Site.
You may not attempt to gain unauthorized access to the Site or any services, user accounts, computer systems or networks, through hacking, password mining or any other unauthorized means and you may not reverse engineer, decompile or disassemble the Site or any Content.
You may not use the Site or any communication tools made available to you through the Site to transmit, directly or indirectly, any unsolicited bulk communications (including e-mails and instant messages). You may not harvest information about IHOC’s users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications.
Information Available on the Website
IHOCÂ does not guarantee, and assumes no responsibility for, the accuracy, timeliness, correctness, or completeness of the Content. Any conclusions that users draw from the information presented here are their own and are not to be attributed toÂ IHOCÂ You agree that you must evaluate, and bear all risk associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
Your User Account
In the event that you create an account or profile and are provided with user identification names, numbers or codes and/or passwords (“Access Credentials”) in connection with your use of this Site, you agree to keep your Access Credentials strictly confidential and not share them with anyone else. You are responsible for any misuse of the Site or any Content by anyone using your Access Credentials. Accordingly, you should take affirmative precautions to ensure that no one else uses your Access Credentials or gains unauthorized access to your Access Credentials. It is your responsibility to notifyÂ www.caviar.bc.caif your Access Credentials need to be changed or cancelled because (i) your Access Credentials have been or may be compromised, or (ii) you detect any unauthorized use of your Access Credentials.Â IHOCÂ may terminate your access to, and use of, the Site immediately and take any other appropriate legal action if you, or anyone using your Access Credentials, violates these Terms.
THE CONTENT AVAILABLE ON THE SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.Â DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.Â IHOCÂ DOES NOT WARRANT THAT THE SITE OR ANY SITE FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT DEFECTS WILL BE DISCOVERED AND/OR CORRECTED.Â IHOC LtdÂ Â DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT AVAILABLE ON THE SITE OR IN THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU AGREE THAT YOU USE THE SITE AT YOUR OWN RISK.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL IHOC, ITS SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT AND/OR SITE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IHOC IS NOT LIABLE FOR ANY CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH ANY CONTENT AVAILABLE ON THE SITE, OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USINGÂ www.caviar.bc.ca.
You agree to defend, indemnify, and hold harmlessÂ IHOCÂ and its owners, principals, affiliates, subsidiaries licensors and licensees and their directors, officers, employees, contractors and representatives from any and all liabilities, claims, judgments and expenses, including attorney’s and expert’s fees and court costs, that arise from (i) your use or misuse of the Site; (ii) your violation of these Terms; (iii) your violation of any law or third party right, including without limitation any third party’s patent, trademark, trade secret, copyright, publicity/privacy or other proprietary rights of any third party; and/or (iv) any use or misuse of your Access Credentials.Â IHOCÂ will give you notice in the event of an indemnifiable event.Â IHOCÂ reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with IHOC in asserting any available defenses. This defense and indemnification obligation will survive the termination or expiration of these Terms and your license to use the Site.
These Terms are, as between you andÂ IHOCÂ effective from the first time you use the Site until terminated byÂ IHOC LtdÂ You agree thatÂ IHOCÂ may, for any reason, at any time, with or without notice, terminate yourÂ www.caviar.bc.caÂ account, or access to the Site. In the event of termination, you agree that you are no longer authorized to use or access the Site. Termination of your account may include (1) removal of access to allÂ www.caviar.bc.caÂ services, (2) deletion of your password, related information, files and content associated with your account, and (3) prohibiting further use of the Site. You agree thatÂ IHOCÂ has sole discretion to terminate your access to the Site and account for cause, and that IHOC shall not be liable to you or any third party for any termination of your account or access to the Site. You further acknowledge that the restrictions imposed on you with respect to any Content downloaded from the Site, the disclaimers and limitations of liabilities, and your indemnification obligations, shall survive the termination of these Terms.
You hereby agree that these Terms and your use of the Site shall be governed in all respects by the internal substantive laws of the State of British Columbia, Canada, without regard to its conflicts of laws provisions. You hereby submit to exclusive jurisdiction and venue in the state and federal courts located in British Columbia for all disputes, cases and controversies regarding this Site, your use of this Site, and your relationship withÂ IHOC.Â
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.
No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or any other term, and IHOC’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Unless otherwise specified herein, these Terms constitute the entire agreement between you andÂ IHOCÂ with respect to your use of the Site and supersedes all prior communications and proposals (whether oral, written, or electronic) between you andÂ IHOCÂ with respect to subject-matter hereof. If any term or condition of this agreement is deemed to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of remaining provisions.
These Terms, and any rights and/or licenses granted hereunder, may not be transferred or assigned by you, but may be transferred or assigned byÂ IHOCÂ without restriction.