TERMS & CONDITIONS
Web Site use agreement
Please read this agreement carefully. It governs your use of the BalooWorld Web Site and the services and goods provided through the web site (collectively the 'Web Site'). It exempts BalooWorld and other persons from liability or limits their liability and contains other important provisions that you should read. Each time you use the Web Site you acknowledge and signify that you have read, understood, and agreed to be bound by this agreement. If you do not agree with each provision of this agreement each time you use the Web Site, you may not use the Web Site. Each time you use the Web Site, the text of this agreement as it then reads will govern your use. Accordingly, when you use the Web Site you should check the date of this agreement and review any changes since the last version.
Transactions agreements
All transactions through the Web Site, including the purchase and sale of goods and services and the licensing of software, are governed by this Agreement and any applicable Transaction Agreement. By using the Web Site or by participating in a transaction through the Web Site, you signify your agreement and acceptance of this Agreement and, if applicable, the Transaction Agreement.
Permitted users and access
The Web Site may be used by persons residing in Canada who have reached the age of majority or legal age in their jurisdictions and who can form legally binding contracts under applicable law. The Web Site may not be used by persons in jurisdictions where access to or use of the Web Site or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of the Web Site is lawful, and you must comply with all applicable laws.
Ownership and permitted use of the Web Site
The Web Site and all information (in text, graphical, video and audio forms), images, icons, software, design, applications and other elements available on or through the Web Site are the property of BalooWorld, its Providers and others, and are protected by Canadian and international copyright, trade-mark, and other laws. Your use of the Web Site does not transfer to you any ownership or other rights in the Web Site or its content. You may only use the Web Site in the manner described specifically in this Agreement.
The Web Site may not be used for any purpose not expressly permitted by this Agreement. In particular, except as expressly stated otherwise in this Agreement, the Web Site may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, or distributed in any way, in whole or in part, without the express prior written consent of BalooWorld. You may not use any of the software that is used in the operation of the Web Site except while you are using the Web Site. You may not reproduce, copy, duplicate, sell, or resell any part of the Web Site (including the software used in the operation of the Web Site) or access to the Web Site. The Web Site is made available to you for your lawful use only. You may access and browse the Web Site using commercially available, SSL-capable Web browser software. You may print or download the pages of the Web Site for your personal use provided that you do not modify any of the Web Site pages or other content and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers.
Trademark information
The BalooWorld logo and other BalooWorld owned trademarks appearing on the Web Site are registered and unregistered trademarks and trade names owned by BalooWorld. Other product and company names and logos appearing on the Web Site may be registered or unregistered trade names, trademarks and service marks of their respective owners.
Any use of the trade names, trademarks, service-marks and logos (collectively 'Marks') displayed on the Web Site, except as expressly provided in this Agreement, is strictly prohibited. Nothing appearing on the Web Site or elsewhere shall be construed as granting, by implication, estoppels, or otherwise, any license or right to use any Marks displayed on the Web Site.
Disclaimer
BalooWorld strives to make your use of the Web Site a useful and enjoyable experience, and a safe and easy way to purchase goods over the Internet. Nevertheless, BalooWorld and its service providers (the 'Providers') do not accept any liability for your use of the Web Site. For that reason, the following provisions apply to your use of the Web Site:
Disclaimer: Your use of the Web Site is at your own risk. The Web Site is provided on an ‘as is’ and ‘as available’ basis, and without any representations, warranties or conditions of any kind, whether express or implied, and including without limitation implied warranties of merchantability, fitness for a particular purpose, performance or durability, all of which are hereby disclaimed by BalooWorld and the providers to the fullest extent permitted by law.The operation of the Web Site may be affected by numerous factors beyond BalooWorld’s control. The operation of the web site may not by continuous or uninterrupted on secure, security and privacy risks cannot be eliminated.BalooWorld is under no obligations to verify the identity of users of the Web Site. Through your use of the Web Site, you may have the opportunity to engage in commercial transaction with other persons. All such transactions are at your own risk. BalooWorld is not a party to any such transactions and disclaims any and all liability regarding all such transactions.Without limiting the generality of the foregoing, BalooWorld and its providers make no representation, warranty or condition that:
- The Web Site will be compatible with your computer and related equipment and software;
- The Web Site will be available or will function without interruption or will be free of errors or that any errors will be corrected;
- The information available on or through the Web Site will be accurate, complete, sequential, or timely;
- Certain or any results may be obtained through the use of the Web Site;
- The use of the web site, including the browsing and downloading of any information, will be free of viruses, Trojan horses, worms or other destructive or disruptive components;
- The use of the Web Site will not infringe the rights (including intellectual property rights) of any person, and BalooWorld and its providers disclaim any and all liability regarding such matters to the fullest extent permitted by law.
Colours
BalooWorld attempts to display the colours of the product shown on this Internet Site as accurately as possible. Otherwise, we cannot guarantee that the colour you see is exactly the product colour, as the display of colour depends, in part, upon the type of computer monitor used by you.
Linking and framing the Web Site
Links to the Web Site without the express written permission of BalooWorld are strictly prohibited. To request permission to link to the Web Site, please contact info@balooworld.ca. BalooWorld reserves the right to cancel and revoke any permission it may give to link to the Web Site at any time, for any reason, without any notice, and without any liability to you or any other person. The framing of the Web Site or any of its content in any form and by any method is strictly prohibited.
Other Sites
The Web Site may include advertisements for, and links to, other web sites or resources and businesses operated by other persons ('Other Sites'). Other Sites are independent from BalooWorld, and BalooWorld has no responsibility or liability for or control over Other Sites, their business, goods, services, or content. Links to Other Sites are provided solely for your convenience. BalooWorld does not sponsor or endorse any Other Sites or their content or the goods or services available through those other Web Sites. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk, and you shall not make any claim against BalooWorld arising out of your use of any Other Sites or your dealings with the owners or operators of any Other Sites. As between you and BalooWorld, the provisions of this Agreement under the section headed Disclaimer, Liability Exclusion, Liability Limitation, Release and Indemnity apply, with all necessary modifications, to your access to and use of any Other Sites and their business, goods, services, and content.
Personal information privacy
BalooWorld collects, uses, and discloses your personal information in accordance with the Privacy Policy, which is available here. BalooWorld may change the Privacy Policy from time to time in its sole discretion. By accepting this Agreement, and each time you use the Web Site, you consent to BalooWorld’s collection, use and disclosure of your personal information in accordance with the Privacy Policy, as it then exists without any further notice or any liability to you or any other person.
Information submissions
All information you provide through the Web Site, including registration information (name and email address), payment information (credit card numbers and expiration dates), and transaction-related information, must be true, accurate, current and complete. You must also provide BalooWorld with updated registration information and payment information within 30 days of any changes.
BalooWorld will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, BalooWorld or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information within 30 days of any change. BalooWorld may require a copy of a government-issued form of identification before making any changes to your registration information.
Login names and passwords
Web Site accounts may be accessed only by use of a unique login name and password. The use of a password does not restrict access by BalooWorld and its Providers to the password-protected information. Login names and passwords may not be shared. For security reasons, you must keep your login name and password confidential and not disclose them to any person or permit any other person to use them, except an authorized BalooWorld representative. Also, passwords must be non-obvious, hard-to-guess, confidential and changed on a regular basis, and you must log-out at the end of each session.
You are solely responsible and liable for any use and misuse of your login name and password and for all activities that occur under your login name and password. You must ensure that all uses of your login name and password comply with this Agreement.
You must immediately notify BalooWorld of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised.
All login names and passwords remain the property of BalooWorld, and may be cancelled or suspended at any time by BalooWorld without any notice or liability to you or any other person. BalooWorld is not under any obligation to verify the actual identity or authority of the user of any login name or password.
You must respond promptly to all email and other correspondence from BalooWorld, including without limitation email and correspondence concerning complaints or concerns regarding your use of your login name or password or your use of the Web Site.
The security and privacy provided by passwords is not complete, and can be circumvented. Your use of passwords is at your own risk.
No advice or solicitation
The Web Site is for convenience and informational purposes only, the Web Site is not intended to be a comprehensive or details statement concerning the matters addressed; advice or recommendation; or an offer to sell or buy any product or service. You should seek professional advice and recommendations before acting or omitting to act based upon any information provided on or thought the Web Site.
Governing law and dispute resolution
The Web Site is controlled by BalooWorld from Brampton, Ontario. This Agreement, your use of the Web Site, and all related matters are governed solely by the laws of the Province of Ontario, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws, which would lead to the application of any other laws.
Any dispute between BalooWorld and you or any other person arising from, connected with or relating to the Web Site, this Agreement or any related matters must be resolved before the Courts of Ontario and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those Courts in respect of any such dispute or matter.
Any claim or cause of action you may have arising from, connected with, or relating to your use of the Web Site, this Agreement, or any related matters must be commenced in a court of competent jurisdiction in the Province of Ontario, Canada within six (6) months after the claim or cause of action arises, after which time the claim or cause of action is forever barred, regardless of any statute or law to the contrary.
Contests
From time to time BalooWorld may make contests available to users of the Web Site and others. All contests are governed by this Agreement and the applicable Contest Rules. By participating in a contest through the Web Site, you signify your agreement and acceptance of this Agreement and the applicable Contest Rules.