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User Agreement

Effective Date: August 29, 2016


Introduction

 

Welcome to GanzeStore.com (the “Website”).  This Website is owned and operated by Ganz, an Ontario partnership, which is located at One Pearce Road, Woodbridge, Ontario, Canada L4L 3T2.  If you have any questions relating to this Website, they can be sent to the attention to our Customer Service Representative at this address.  You may also contact Ganz by email at ganzestorecs@ganz.com or by phone at 1-888-818-8770 from the US and Canada or at 1-888-818-8768 or 905-851-2580 from outside North America between the hours of 9 a.m. and 6 p.m. Eastern Standard Time.  Please note that international calls from outside of North America may require replacement of “1” with the local long distance code for Canada and may be subject to long distance charges.

 

On this Website, you will find information about and be able to purchase Ganz products and services. We hope you will enjoy our Website and visit us often.

 

PLEASE READ THIS USER AGREEMENT (the “User Agreement”) CAREFULLY. BY CLICKING THE “I ACCEPT” BUTTON BELOW OR THROUGH YOUR CONTINUED USE OF THIS WEBSITE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT, YOU ARE NOT PERMITTED TO USE OR ACCESS THIS WEBSITE.  YOU MAY MAKE PURCHASES ON THIS WEBSITE USING A VALID CREDIT CARD IF YOU ARE OF THE AGE OF MAJORITY IN YOUR JURISDICTION.  WEBSITE USERS OF ANY AGE MAY REDEEM eSTORE POINTS FOR ONLINE ITEMS. PLEASE PRINT A COPY OF THIS USER AGREEMENT FOR YOUR RECORDS.

 

This User Agreement is a contract between you and Ganz and applies to all users of this Website.  In this User Agreement “you” or “your” means any person or entity using this Website.  Unless otherwise stated, “Ganz”, “we” or “our” refers to Ganz, an Ontario partnership, and its successors and assigns.

 

Privacy Policy

Our Privacy Policy (as of the most recent effective date) (the “Privacy Policy”) is incorporated into this User Agreement by reference and provides additional terms and conditions related to our collection, use and disclosure of your personal information.

 

Amendments

We may amend or supplement this User Agreement, including the Privacy Policy, at any time.  Please review the current version of the User Agreement and Privacy Policy prior to each order so that you will understand the terms applicable to your access to, use of, and orders on this Website.  When we make changes to this User Agreement or the Privacy Policy, we will notify you of the changes by posting the revised version on our Website and ask for your agreement to it at that time.  If you do not agree to the amended User Agreement and/or Privacy Policy, you may not continue to access or use the Website and/or place any orders through this Website. Any other posted guidelines or rules applicable to any individual use of this Website will form part of this User Agreement.

 

Links to Other Websites


This Website is related to other game properties and websites owned and/or operated by Ganz including, but not limited to, www.webkinz.com and www.webkinzjr.com (“Affiliated Sites”), on which products and services purchased on this Website may be used and/or accessed. While Ganz may provide links from this Website to Affiliated Sites and unaffiliated third party sites, those sites are not part of this Website, and each is subject to the terms of a separate user agreement and may have different policies with respect to the collection, use and disclosure of your personal information.

 

From time to time, we may use third-party advertising companies to serve ads when you visit our Website. Third party advertising service providers may use cookie-based ad serving technology for the purposes of (i) ad delivery and reporting; and (ii) re-targeting and/or online advanced targeting. Furthermore, to monitor usage or transfer of content to another site or location and to collect advertising metrics, such third parties may include in the content web beacons or clear GIFs. Clear GIFs (a.k.a. web bugs, beacons or tags) are small graphic images placed on a web page, web-based document, or in an e-mail message. Clear GIFs are invisible to the user because they are typically very small and the same colour as the background of the web page, document or e-mail message. Because your web browser must request such content from the third parties’ servers, such third parties can track your usage, or set their own cookies, just as if you had requested a web page from their site.

 

Although the third party advertising service providers may not have access to tracking technologies set by Ganz, or any of your personal information collected on the Service, they may themselves set and access their own tracking technologies and/or they may otherwise have access to information about you. The use of such technology by these third parties is within their control and not ours. Even if Ganz has a relationship with the third parties, it does not control their sites or policies and practices regarding your information.

 

We encourage you to investigate and ask questions directly of them in this regard. If you would like more information about the practices used by third party advertising service providers and advertisers and to know your choices about not having the information gathered used by these companies, visit http://networkadvertising.org. Please note that Flash cookies operate differently than browser cookies and cookie management tools available in a web browser will not remove Flash cookies.  To learn more about and manage Flash cookies, visit www.adobe.com and make changes at the privacy setting panel.  You are always free to decline our cookies if your browser permits, but some parts of the Service may not work properly if you do. 

 

Ganz’s disclosure of information for third party advertising is addressed in the Privacy Policy.  Your correspondence or business dealings with, or participation in promotions of, third party service providers and advertisers, whether or not found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party service provider or advertiser, as the case may be. You agree that Ganz shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party service providers and advertisers on the Website.  Please note that, in some instances and geographical locations, you may not be able to either view or participate in ad-based activities due to conflicts with your system or internet provider, which are beyond our control.

 

GANZ DOES NOT ENDORSE OR CONTROL ANY INFORMATION ACCESSED ON OR FROM ANY UNAFFILIATED THIRD PARTY WEBSITES AND ASSUMES NO RESPONSIBILITY FOR ANY MATERIAL OUTSIDE OF THIS WEBSITE OR AFFILIATED WEBSITES WHICH MAY BE ACCESSED THROUGH SUCH LINKS.

 

Registration and Your eStore Account


Certain information and materials provided by Ganz through this Website may be accessed and/or used by you without registration on or login to this Website (collectively, “Public Materials”).  However, to make purchases and access other information and materials provided by Ganz through this Website (“Member Materials”), you must first register and set up an account (“eStore Account”) on this Website. When you register and set up an eStore Account, you will be asked for your first and last name and your email address, which will function as your username, and to make up a password.  You will also be required to register on one or more Affiliated Site in order to use certain products or access certain services purchased on this Website.

 

Security of Your eStore Account


IT IS IMPORTANT THAT YOU REMEMBER YOUR eSTORE ACCOUNT USERNAME AND PASSWORD AND THAT YOU KEEP YOUR USERNAME AND PASSWORD IN A SAFE PLACE OFFLINE.

 

We will use your username and password to identify you when you login to our Website. If you forget your username or password, you will not be able to access Member Materials or make purchases through your eStore Account. Your eStore Account is not associated with any other accounts on the Affiliated Sites.

 

You are responsible for maintaining the confidentiality of your eStore Account username and password, and for all activities associated with your eStore Account.  You agree to: (a) immediately notify Ganz of any unauthorized use of your eStore Account or any other breach of security, and (b) ensure that you exit from your eStore Account at the end of each session.  Ganz will not be liable for any loss or damage arising from your failure to comply with this section.  You may be issued a new password or required to change your password from time to time.

 

We have put physical, electronic and managerial procedures into place in order to help safeguard and prevent unauthorized access, use and/or disclosure of your personally identifiable information.  Although we use reasonable efforts to safeguard the security of your personally identifiable information, transmissions made on or through the Internet and personally identifiable information stored on our servers or the servers of third parties that we use are vulnerable to attack and cannot be guaranteed to be secure.  In addition, submissions made via email are not protected by encryption and are vulnerable to interception during transmission.

 

eStore Items


On this Website, you may order the following (collectively, “eStore Items”):

(i)     physical items (“Physical Product”), including but not limited to plush toys and customized products;

 

(ii)    codes, which provide you and/or your designee(s) with a non-exclusive and limited right to activate, access, use, view and manipulate the movement of certain graphics and functionality (“Online Items”) on an Affiliated Site for personal, non-commercial use only;

 

(iii)   eStore Points, in the denominations specified on the Website, which may be redeemed for codes related to Online Items;

 

(iv)  memberships and subscriptions which, when activated on the applicable Affiliated Site, may allow you to (a) upgrade Member Materials, (b) extend the term during which Member Materials remain available to you, and/or (c) allow you to use certain Online Items within the applicable Affiliated Site; and

 

(v)   Media Downloads.

 

All eStore Items are sold for your personal non-commercial use only.


Submitting and Acceptance of Orders

 

All information on this Website about eStore Items is purely an invitation for you to order eStore Items and does not constitute an offer to sell such eStore Items by Ganz.

 

To submit an offer to purchase eStore Items, correctly and fully complete all the fields in the order form (“Order Information”) and press the “Complete Order” button on the order page. You may acquire Online Items for eStore Points only.  Payment for all other eStore Items must be made with a valid credit card from the list of the accepted credit cards identified at the checkout point.  By submitting an order payable by a credit card, you will be confirming that you are an authorized user of the credit card.

 

Your order will be deemed to be accepted once Ganz: (i) receives confirmation of payment in full from the payment processor of your credit card and, (ii) depending on the nature of the order, sends you the Physical Product, provides you or your designee with a valid code or Media Downloads link, activates your membership/subscription, or deposits eStore Points into your eStore Account. In the case of any customized Physical Product (e.g. custom slogan on a t-shirt), your order will not be accepted and your credit card will not be processed until the requested custom design has been approved by Ganz in its sole discretion. If the requested custom design is not approved, you will be notified and provided with the option to revise or cancel your order or select a standard Ganz design.

 

We rely on the ordering information that you provide to us through this Website as being true, accurate, current and complete.  You shall be responsible for any and all losses, damages, and additional costs and expenses that you, we or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update such information in a timely manner.

 

Ganz does not co-mingle or store Order Information with eStore Account information.

 

Delivery

 

Title and risk of loss for all Physical Products you order shall pass to you upon Ganz’s shipment of the Physical Product to the shipping carrier.  For details on shipping, please refer to your order confirmation page or to Shipping Terms.

 

With respect to codes and eStore Points that you order through this Website, you acknowledge and agree that upon providing you or your designee with a valid code or depositing eStore Points into an account specified by you, Ganz will have fully satisfied its delivery obligations under this User Agreement, regardless of any failure or inability of you or your intended authorized recipients to use such codes to activate Online Items or redeem the eStore Points.

 

Memberships and subscriptions will be deemed to be delivered once such services are activated in the applicable Affiliated Site.  Media Downloads will be deemed delivered once you are provided with a link from which you can download the purchased Media Downloads.  You can access the link and download the purchased Media Downloads only once.

 

Ganz will not be responsible for lost, stolen, delayed or diverted orders due to factors beyond Ganz’s control. To activate an Online Item, visit the relevant Affiliated Site and input the code provided.

 

Depositing eStore Points and Transferring eStore Points Codes

 

You will be required to deposit purchased eStore Points into your eStore Account, transfer them to an account on one of the Affiliated Site or redeem them for an eStore Points code (“eStore Points Code”), which you can provide to other adults who have an existing eStore Account or plan to set up an eStore Account. These other eStore Account holders may then use the eStore Points Code to activate one or more Online Items on an Affiliated Site.

 

eStore Account Balances and Using eStore Points

 

At any time, you can log in and check your eStore Account balance, purchase more eStore Points for your eStore Account, or redeem eStore Points for Online Items on an Affiliated Site. You may also transfer eStore Points from your eStore Account to an account on one of the Affiliated Sites.

 

Online Item purchases must be made entirely with eStore Points and if there is an insufficient number of eStore Points in the account to complete the transaction, one or more Online Items will need to be removed from the shopping cart before completing the transaction. Any unused eStore Points may be used in a subsequent transaction or transferred to an account on one of the Affiliated Sites.

 

Once the code is displayed on the screen, the number of eStore Points redeemed will be removed from the eStore Account and the history of the transaction will also be reflected in the associated eStore Account, and a transaction record will be sent to you by email. 

 

eStore Points can only be used in the Ganz eStore and redeemed for codes, which activate Online Items in an Affiliated Site. eStore Points have no real world value and cannot be redeemed for cash.

 

Refunds, Corrections, and Final Orders

 

If we send or provide you with an eStore Item that does not correspond with the item identified in the submitted order form, please contact Ganz and we will make arrangements to correct the order. You may contact Ganz by email at ganzestorecs@ganz.com or by phone at 1-888-818-8770 from the US and Canada or at 1-888-818-8768 or 905-851-2580 from outside North America between the hours of 9 a.m. and 6 p.m. Eastern Standard Time.  Please note that international calls from outside of North America may require replacement of “1” with the local long distance code for Canada and may be subject to long distance charges.

 

In all other instances, once an order is accepted, including when a customized Physical Product design is approved, by Ganz, no returns, refunds, exchanges, substitutions or cancellations are permitted except as required under applicable law.  Customized Physical Products may not be returned or exchanged unless damaged or defective.

 

Pricing and Availability

 

Ganz reserves the right to change the prices of eStore Items described on this Website at any time and for any reason.

 

All prices quoted are payable in U.S. dollars.  Canadian orders may be subject to H.S.T. and P.S.T.  Ganz does not charge for transmitting codes for the Online Items to you.

 

Ganz reserves the right to: limit the quantity of eStore Items available for order (both on a daily basis and on the basis of overall in-stock inventory); discontinue eStore Items (regardless of posted stock levels); restrict sale of some eStore Items in certain jurisdictions; and reject, correct, cancel or refuse orders. Ganz may revise or modify eStore Items at any time including prior to Ganz’s acceptance of your order, without prior notice to you.

 

While every effort is made to ensure that descriptions of eStore Items and prices are accurate, occasionally errors do occur.  Ganz reserves the right to correct errors in the description of eStore Items and/or pricing at any time, prior to accepting an order already placed.

 

Termination

 

Ganz may terminate or suspend your eStore Account and/or access to all or part of this Website and/or any products or services available through this Website in the event Ganz (i) determines after reasonable investigation that you have breached this User Agreement or that your conduct violates applicable laws or is otherwise harmful to the interests of Ganz or other third parties or (ii) ceases its operations and/or provision of any applicable products or services in connection with this Website.

 

Your right to access, use, view or manipulate the movement of any Online Items will terminate upon expiration or termination of your account on the Affiliated Site, or in the event that the Affiliated Site permanently ceases operation.

 

Communications

 

To the extent permitted by applicable law, the parties have requested that the Agreement and all communications and documents relating hereto be expressed in the English language.  Dans la mesure où la loi est applicable, les parties ont demandé à ce que ces présentes Conditions d'Utilisation ainsi que toutes les communications et documents s’y rattachant soient exprimés en langue anglaise.  

 

If we provide you with a translation of the English language version of the User Agreement, our Privacy Policy or any other documents related to the Website (collectively, “Ganz Policies”), then you agree that the translation is provided for information purposes only, may be updated with delay and does not modify the English version of the Ganz Policies.  In the event of a conflict between a translation of the Ganz Policies and the English version, the English version of the Ganz Policies will control.

 

You further acknowledge and agree that all communications and documents between you and Ganz with respect to your use of the Website may take place electronically and that all such electronic notices, agreements, and other communications from Ganz shall be the legal equivalent of written communications.

 

Ownership of Intellectual Property and Restrictions on Use of Ganz Materials


All products, services, content, information displayed, performed or otherwise accessible through this Website, including, without limitation, Public Materials, Member Materials, eStore Items activated by secret/adoption and feature codes, software, designs, texts, databases, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, animation, and any copyrightable and/or patentable elements, and the selection and arrangements thereof, and all trademarks, service marks, trade names, trade dress and patents (collectively, the “Ganz Materials”) are the property of Ganz, its partners, affiliates, third party licensors and suppliers and/or any of their successors and assigns (collectively, the “Ganz Group”), and are protected, without limitation, by Canadian and other foreign copyright, trademark and patent laws. Without limiting the generality of any other provisions of this User Agreement, the use of any Ganz Materials on any other website or networked computer environment is prohibited.

 

Provided you comply with the terms of this User Agreement Ganz grants you a limited right to access and use this Website, the Public Materials, and if applicable, the Member Materials, for your personal, non-commercial use, provided that this right to access and use is limited to the display of the Ganz Materials in their entirety, including but not limited to visual elements such as advertisements that adjoin content. Any attempts to access the Ganz Materials in a manner that obscures or blocks such adjoining visual elements is a violation of the rights granted hereunder. You may print and retain a copy of pages of this Website only for your own personal, non-commercial use. Except as expressly provided above, you agree that no portion of this Website may be accessed, used, reproduced, duplicated, copied, or otherwise exploited by you for any other purpose, and nothing contained herein shall be construed as conferring any other right. You may not use the Ganz Materials in a manner that suggests an association with any of our products. You may not make any modifications to any Ganz Materials other than as expressly permitted by us.

 

No property rights relating to Online Items are transferred to you as a result of the transactions described herein, other than the limited use rights set forth above.  All Online Items are the property of Ganz and are protected by Canadian and foreign intellectual property laws, including, without limitation, copyright, trademark and patent laws. Reproduction, duplication, or distribution of Online Items except as permitted pursuant to this User Agreement is a violation of this User Agreement and applicable intellectual property laws.

 

Before you may access, view, manipulate or otherwise use Online Items on an Affiliated Site, you must accept the terms of use and privacy policies applicable to that Affiliated Site. Once a code associated with an Online Item is used it cannot be transferred or used by another party.

 

Without limiting the generality of the foregoing, you agree that you shall not: (i) download or copy any Website pages, except as may occur through the normal caching function of your browser and except to print and retain a copy of the pages of this Website for your own personal, non-commercial use; (ii) download or copy Website information for the commercial benefit of you or a third party; (iii) make any resale or commercial use of this Website or the Ganz Materials; (iv) publish any collection or compilation of any product listings, descriptions, or prices; (v) create any derivative work of this Website or its contents; (vi) use any data mining tools, robots, or similar data-gathering and extraction devices with respect to this Website and the information contained thereon; (vii) frame or use framing techniques to enclose any trademark, logo, trade name or other content (including images, text, page layout, or form) of Ganz or its licensors; or (viii) use any meta tags or any other "hidden text" utilizing the trademarks, logos, trade names or content of Ganz or its licensors.

 

If you download, access or use software from this Website, the software, including any files, codes, images, and audio clips incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you for your personal, non-commercial home use pursuant to a personal, non-exclusive, non-assignable, non-transferable license. Ganz keeps full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, lend, decompile, reverse engineer, disassemble or otherwise render the Software to a human-readable form. Any unauthorized or prohibited use may subject you to civil liability and criminal prosecution under applicable laws.

 

Ganz has the right to vary, modify, change or discontinue:  (i) any feature or function offered on this Website; (ii) any part or all of this Website, including hours of availability; and (iii) to restrict access to parts or all of this Website from time to time with or without notice to you.  Ganz may make available and upgrade this Website on the same terms and conditions as this User Agreement and any such upgrades will form part of this Website.  In order to obtain and access parts of this Website, including upgrades, you may be required, at your own cost, to install specific software on your computer. To make the experience on this Website more enjoyable, you will need, at a minimum, a high speed Internet service, monitor resolution of 1024X768, and the following minimum supported browsers: Windows: Internet Explorer 6, Netscape 7.2, Firefox 1.0, AOL Explorer 1.5 or Macintosh: Safari 1.2.3, Internet Explorer 5.2.3., Firefox 1.5.  These requirements may change and such changes will be posted on this Website.


User Content

 

You may be provided with opportunities to submit content and materials on this Website such as in response to surveys or when ordering customized Physical Products. Customized Physical Products will combine Ganz Materials with words chosen by you on products for purchase by you, such as t-shirts. All information, data, content and materials entered or submitted by users in connection with Ganz eStore.com (collectively, "User Content") are the responsibility of the user entering the User Content. You understand that Ganz will have final approval before any User Content is associated with Ganz Materials as outlined below.

 

You hereby represent and warrant that you have all necessary rights in and to all User Content you provide and that such User Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.

 

You are responsible for all User Content posted by you. GANZ HAS NO RESPONSIBILITY FOR SUCH USER CONTENT.  You hereby represent and warrant that you have all necessary rights in and to all User Content that you provide.  You agree that you shall not upload, submit, publish, transmit, display, disseminate or otherwise communicate any materials while connected to or otherwise using this Website that: (i) are defamatory, libelous or inaccurate, (ii) are abusive or threatening towards or invade the privacy of any third party, (iii) are offensive, obscene or pornographic; (iv) infringe the intellectual property rights, including copyrights, of any third party; (v) violate any law or regulation; (vi) advocate illegal activity; (vii) promote or advocate any religion or religious figure, or ridicule or present any regilion or religious figure in an offensive manner; (viii) promote or advocate any political party or organization, political or public figure, or ridicule or present any political party or organization, or political or public figure in an offensive manner; (ix) advertise or otherwise solicit funds or are a solicitation for goods or services; or (x) are treated as confidential under any contract or policy.  Transmission of such material shall constitute a breach of this User Agreement.  Ganz does not and cannot review every submission by users and is not responsible for, nor does it endorse, such submissions.  However, Ganz retains the right, but not the obligation, to review, edit or delete any User Content which Ganz deems to be illegal, offensive, or otherwise inappropriate.  All information submitted by you which constitutes personal information shall be subject to our Privacy Policy.

 

You acknowledge that you will not use any Physical Item ordered via this Website in a way that would be damaging to Ganz’s public reputation or that of its employees, partners, management and related entities.  Additionally, you acknowledge that Ganz may not pre-screen all submitted User Content, but that Ganz and its designees shall have the right (but not the obligation) in their sole discretion to reject or remove any User Content that is submitted via the Website, especially User Content submitted when ordering customized Physical Products.

 

Upon placing your order for a customized Physical Product, you acknowledge that Ganz may review your order, and the User Content it contains, for adherence to our guidelines and compliance with the terms and conditions set forth in this User Agreement. Without limiting the foregoing, Ganz and its designees shall have the right to remove any Content that violates this User Agreement or is otherwise objectionable to Ganz and replace it with default content. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content.

 

You acknowledge and agree that you are solely responsible for the creation of your User Content, and that neither Ganz nor any other party involved with the production of any customized Physical Product incorporating such User Content is liable for any damages arising from the use of such User Content. Ganz's production of any customized Physical Product incorporating your User Content does not infer that Ganz approves of such User Content, that the User Content obeys all applicable laws, or that you are absolved of any liability or harm arising from the use of the User Content.

 

You acknowledge and agree that Ganz may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:

 

  • Comply with legal process
  • Enforce the User Agreement
  • Respond to claims that any User Content violates the rights of third parties
  • Protect the rights, property, or personal safety of Ganz, this Website users and the public.

 

Ganz takes no responsibility and assumes no liability for any User Content uploaded or otherwise transmitted by you.  Ganz reserves the right but not the obligation to remove any materials it deems objectionable. You hereby agree to waive any claims against Ganz and its affiliates, contractors, agents and employees for losses, damages and injuries which are based on or relate to User Content submitted by you.

 

You hereby agree to indemnify Ganz and its affiliates from all claims and expenses, including reasonable attorney's fees, which claims are based on or arise from your violation of any of the provisions of this User Agreement.

 

You acknowledge and agree that you will use this Website and any products ordered through this Website at all times in accordance with all applicable national, international and local laws, statutes, regulations and ordinances and will not take any action that harms or violates the rights of any person or entity.

 

Spam


The publication of electronic mail addresses on this Website is to facilitate communications relating to the functions of this Website and must not be inferred as consent by us to receiving unsolicited commercial electronic messages.

 

Disclaimers

 

THE USE OF THIS WEBSITE IS AT YOUR OWN RISK.  TO THE FULLEST EXTENT PERMITTED BY LAW, THIS WEBSITE AND THE GANZ MATERIALS ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND.  TO THE FULLEST EXTENT PERMITTED BY LAW, THE GANZ GROUP DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THIS WEBSITE, ITS CONTENTS, THE PRODUCTS OR SERVICES AVAILABLE THROUGH THIS WEBSITE, OR ASSOCIATED WITH THE USE OF THIS WEBSITE, OR ANY WEBSITE OR CONTENTS WITH WHICH IT IS LINKED.

 

THE GANZ GROUP DOES NOT WARRANT THAT THIS WEBSITE, THE GANZ MATERIALS, OR ANY WEBSITE TO WHICH THIS WEBSITE IS LINKED WILL BE AVAILABLE AT ANY PARTICULAR TIME, WILL BE PROVIDED IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR WILL BE CORRECTED IF FOUND TO BE DEFECTIVE.  WE RESERVE THE RIGHT TO MODIFY AND/OR DISCONTINUE THIS WEBSITE AT ANY TIME WITHOUT NOTICE.  TO THE EXTENT THAT YOU COMMUNICATE WITH GANZ’S CUSTOMER SERVICE DEPARTMENT OR A GANZ REPRESENTATIVE THROUGH ANY SOURCE, THE STATEMENTS, PROMISES OR ACTIONS TAKEN BY SUCH SOURCES SHALL NOT LIMIT OR OTHERWISE MODIFY THE TERMS OF THIS DISCLAIMER AND/OR THIS USER AGREEMENT AND THIS DISCLAIMER AND THIS USER AGREEMENT SHALL APPLY TO ANY INFORMATION PROVIDED TO YOU THROUGH SUCH SOURCES.

 

IN ADDITION, THE GANZ GROUP DOES NOT WARRANT THAT THIS WEBSITE OR THE SERVERS THAT MAKE THIS WEBSITE AND ITS CONTENTS AVAILABLE WILL WORK WITH ANY PARTICULAR HARDWARE OR SOFTWARE SYSTEMS OR CONFIGURATIONS OR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

FINALLY, THE GANZ GROUP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE RESULTS OF THIS WEBSITE OR THE GANZ MATERIALS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS OR OTHERWISE.  THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF THIS WEBSITE AND ANY GANZ MATERIALS RESTS WITH YOU AND YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION TO ANY PRODUCTS ORDERED BY YOU THROUGH THIS WEBSITE.  IF YOUR USE OF THIS WEBSITE OR THE GANZ MATERIALS RESULTS IN THE NEED FOR SERVICING, UPDATING OR REPLACING YOUR EQUIPMENT OR SOFTWARE, YOU AND NOT THE GANZ GROUP ARE RESPONSIBLE FOR THOSE COSTS.

 

SOME JURISDICTIONS MAY NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES AND THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED.

 

Limitations of Liability


TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL THE GANZ GROUP BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR FOR ANY DAMAGES OF ANY KIND OR CHARACTER (INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES), ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE, eSTORE ITEMS OR ANY OF THE GANZ MATERIALS OR CONTENTS WITH WHICH IT IS LINKED, EVEN IF THE GANZ GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.  WITHOUT LIMITING THE FOREGOING, GANZ IS NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR CONTAMINATIONS OF YOUR SYSTEM, OR DELAYS, INACCURACIES, ERRORS OR OMISSIONS ARISING OUT OF YOUR USE OF THIS WEBSITE.

 

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.  HOWEVER, IN NO EVENT SHALL THE TOTAL LIABILITY OF THE GANZ GROUP FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION AND COSTS AND EXPENSES (INCLUDING LEGAL FEES) WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, RELATED TO YOUR USE OF, OR THE INABILITY TO USE, THIS WEBSITE, eSTORE ITEMS OR ANY OF THE GANZ MATERIALS OR FUNCTIONS AT THIS WEBSITE, EXCEED THE LESSER OF (I) THE AMOUNT, IF ANY, PAID BY YOU IN CONNECTION WITH YOUR ACCESS, USE AND/OR PURCHASES MADE ON THIS WEBSITE OR (II) USD$100.

 

NOTHWITHSTANDING THE GENERALITY OF THE ABOVE, GANZ DOES NOT SEEK TO LIMIT ITS LIABILITY IN RESPECT OF FRAUD OR FOR DEATH OR PERSONAL INJURY CAUSED BY GANZ’S NEGLIGENCE OR THAT OF ITS EMPLOYEES OR AGENTS ACTING IN THEIR CAPACITY AS EMPLOYEES OR REPRESENTATIVES OF GANZ. 


Indemnity

 

YOU HEREBY AGREE TO INDEMNIFY AND HOLD EACH MEMBER OF THE GANZ GROUP HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, DEMAND, DAMAGES, COSTS AND EXPENSES, INCLUDING ALL LEGAL FEES, WHICH ANY MEMBERS OF THE GANZ GROUP MAY INCUR IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RESULTING FROM: (I) ANY BREACH BY YOU OF THIS USER AGREEMENT; (II) YOUR USE OF THIS WEBSITE, YOUR ACCOUNT(S) AND/OR YOUR SUBMISSION OF USER CONTENT; (III) YOUR PURCHASE OF ANY eSTORE ITEM; AND/OR (IV) ANY VIOLATION BY YOU OF ANY LAW OR THE RIGHTS OF ANY THIRD PARTY.  YOU MUST USE YOUR BEST EFFORTS TO COOPERATE WITH GANZ IN THE DEFENSE OF ANY CLAIM.  WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.

 

Jurisdictional Issues and Dispute Resolution

 

This Website is controlled, operated, hosted and served by Ganz in Ontario, Canada. Ganz’s offices are located in Ontario, Canada.  If you choose to access and use this Website from another location, country or jurisdiction you are responsible for compliance with local laws, if and to the extent local laws are applicable.  This User Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, and the laws of Canada, without giving effect to any principles of conflicts of law. You agree that all orders that you may place through this Website shall not be subject to the United Nations Convention on Contracts for the International Sale of Goods. If the arbitration and dispute resolution provisions of this User Agreement are not enforceable, you agree that, except as set forth below, any action at law or in equity arising out of or relating to this User Agreement shall be filed only in the Superior Court of Justice or, for matters involving intellectual property, the Federal Court of Canada, located in Toronto, Ontario, Canada, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.  The language of any proceedings arising under this User Agreement shall be English.  This clause does not prevent the consumer from applying the law of his place of residence and from accepting the jurisdiction of his place of residence if this is imposed by national or international laws.  Nothing in this User Agreement shall be deemed to affect any statutory or other consumer rights that you may have under local laws which cannot be or have not been altered, limited or waived by this Agreement.  You might wish to consult with a legal professional in your own jurisdiction about the exact implications of this User Agreement should you have any queries about it.

 

Dispute Resolution:

 

This Website is owned and operated by Ganz, an Ontario partnership, which is located at One Pearce Road, Woodbridge, Ontario, Canada L4L 3T2.  If you have any questions relating to this Website, they can be sent to the attention to our Customer Service Representative at this address.  You may also contact Ganz by email at ganzestorecs@ganz.com or by phone at 1-888-818-8770 from the US and Canada or at 1-888-818-8768 or 905-851-2580 from outside of North America between the hours of 9 a.m. and 6 p.m. Eastern Standard Time.  Please note that international calls from outside of North America may require replacement of “1” with the local long distance code for Canada and may be subject to long distance charges.  Should Ganz be unable to resolve the issue, the following rules may apply to the dispute.

 

TO THE FULLEST EXTENT PERMITTED BY LAW, THIS SECTION PROVIDES FOR THE RESOLUTION OF MOST DISPUTES OR CLAIMS THROUGH ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. YOU SHOULD READ THIS SECTION CAREFULLY; ARBITRATION IS FINAL, BINDING, AND SUBJECT TO ONLY VERY LIMITED REVIEW BY A COURT. THIS SECTION GOVERNING DISPUTES WILL SURVIVE ANY TERMINATION OF THIS USER AGREEMENT.

 

Mandatory Arbitration — YOU AND GANZ AGREE TO ARBITRATE ANY CLAIM, CONTROVERSY OR DISPUTE ARISING UNDER OR RELATED TO THIS USER AGREEMENT, EXCEPT THAT YOU OR GANZ MAY BRING AN INDIVIDUAL ACTION IN ANY COURT OF APPROPRIATE JURISDICTION FOR PRELIMINARY INJUNCTIVE RELIEF.  TO INITIATE ARBITRATION, YOU OR GANZ MUST FIRST SEND A WRITTEN NOTICE, VIA CERTIFIED MAIL, TO THE OTHER PARTY INDICATING AN INTENT TO ARBITRATE, WHICH WILL INCLUDE: (1) A DESCRIPTION OF THE FACTS; (2) A DESCRIPTION OF THE NATURE OF THE CLAIM; AND (3) THE RELIEF SOUGHT ("NOTICE TO ARBITRATE"). SEND NOTICE TO ARBITRATE TO: GANZ, ATTN: GENERAL COUNSEL, One Pearce Road, Woodbridge, Ontario, Canada L4L 3T2.  BOTH PARTIES AGREE TO MAKE REASONABLE ATTEMPTS TO RESOLVE ANY SUCH DISPUTE; HOWEVER, IF THE PARTIES CANNOT RESOLVE THE DISPUTE WITHIN FORTY-FIVE (45) DAYS OF RECEIPT OF NOTICE TO ARBITRATE, THEN AN ARBITRATION CLAIM MAY COMMENCE. ANY ARBITRATION INITIATED UNDER THIS USER AGREEMENT WILL BE ADMINISTERED BY THE ADR INSTITUTE OF CANADA INC. OR THE ADR CHAMBERS INTERNATIONAL, AS APPLICABLE, IN ACCORDANCE WITH THE NATIONAL ARBITRATION RULES OR THE INTERNATIONAL ARBITRATION RULES, AS APPLICABLE, AS SUCH RULES MAY BE MODIFIED BY THIS AGREEMENT.  THE LANGUAGE TO BE USED IN THE ARBITRAL PROCEEDINGS SHALL BE ENGLISH AND THE PLACE OF ARBITRATION WILL BE TORONTO, ONTARIO, CANADA.

 

ANY ARBITRATION WILL BE CONDUCTED BY A SINGLE ARBITRATOR MUTUALLY AGREED UPON BY BOTH PARTIES OR, OTHERWISE, A SINGLE ARBITRATOR SELECTED BY THE ADR INSTITUTE OF CANADA INC. OR THE ADR CHAMBERS INTERNATIONAL, AS APPLICABLE.  YOU AND GANZ FURTHER AGREE THAT NO ARBITRATOR WILL HAVE THE AUTHORITY TO AWARD ANY RELIEF OR REMEDY IN EXCESS OF OR CONTRARY TO WHAT IS PROVIDED IN THIS USER AGREEMENT, EXCEPT WHERE SUCH PROVISION IS NOT PERMITTED UNDER APPLICABLE LAW. THE ARBITRATOR'S DECISION AND AWARD WILL BE FINAL AND BINDING, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED INTO ANY COURT HAVING JURISDICTION. THE LAW THAT IS APPLIED TO THIS USER AGREEMENT ALSO WILL BE APPLIED IN ANY ARBITRATION PROCEEDING. THE COST OF ARBITRATION SHALL BE PAID FOR AS DETERMINED BY THE ARBITRATOR.


Waiver of Jury Trial and Class Actions — BY ENTERING INTO THIS USER AGREEMENT, YOU AND GANZ ACKNOWLEDGE AND AGREE TO WAIVE CERTAIN RIGHTS TO LITIGATE DISPUTES IN COURT, TO RECEIVE A JURY TRIAL, OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY.  YOU AND GANZ BOTH AGREE THAT ANY ARBITRATION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT A CONSOLIDATED, CLASS-WIDE, OR REPRESENTATIVE BASIS AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO PROCEED WITH AN ARBITRATION ON A CLASS OR REPRESENTATIVE BASIS. THE ARBITRATOR MAY AWARD INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM. IF FOR ANY REASON THE ARBITRATION CLAUSE SET FORTH IN THIS USER AGREEMENT IS DEEMED INAPPLICABLE OR INVALID, OR THE EXTENT THE ARBITRATION CLAUSE ALLOWS FOR LITIGATION OF DISPUTES IN COURT, YOU AND GANZ BOTH WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY RIGHT TO PURSUE OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY.

 

General Provisions

 

This User Agreement, Terms and Conditions and Privacy Policy posted on this Website contain the entire understanding between you and Ganz in connection with your access and use of this Website and supersede all prior agreements, understandings, negotiations or discussions, whether oral or written between you and Ganz with respect to your access and use of this Website.  If any provision of this User Agreement is found to be illegal, void or unenforceable, then (i) such provision (or portion thereof as applicable) will be deemed to be restated to reflect as nearly as possible the original intentions of the Parties in accordance with applicable law, and (ii) the remaining terms, provisions, covenants and restrictions of this User Agreement will remain in full force and effect.  Notwithstanding the foregoing, if any provision of this User Agreement which is held null, void or otherwise ineffective or invalid by an arbitrator or a court of competent jurisdiction cannot be restated by such arbitrator or court to reflect as nearly as possible the original intentions of the Parties, then that provision shall be deemed severable from this User Agreement.  If you have purchased Online Items from GanzeStore.com for use on the Affiliated Sites, use of such items on the Affiliated Sites shall be governed by this User Agreement and the User Agreement of the Affiliated Site. Your use of this Website is not intended and shall not be deemed to create any agency, joint venture or other legal relationship of any kind between you and Ganz other than that of independent contractors.  This User Agreement may not be assigned by you.