PRIVACY AND PERSONAL INFORMATION
YOUR ACCOUNT AND REGISTRATION
In order to access and use certain content, features, or functionality of this Website, you may register an account (your “Account”) for this Website and have a unique username and password combination and provide certain additional information, which may include, without limitation, your address and email (collectively, your “Account Information”). When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your Account, and you must keep your Account Information secure. You agree to accept responsibility for all activities that occur under your Account, whether or not such access or use has been authorized by you or on your behalf.
You agree that it is your responsibility to:
- immediately notify TJ’s of any unauthorized use of your Account Information, or any other breach of security; and
- ensure that you log off from this Website at the end of each session.
- control the dissemination and use of your Account Information;
- update, maintain, and control access to your Account Information; and
- cancel your Account on this Website, if you should wish to have your Account cancelled.
TJ’s reserve the right to deny access, use, and registration privileges to any user of this Website if TJ’s believe there is a question about the identity of the person trying to access any account or element of this Website. TJ’s shall not be responsible or liable for any loss that you incur as a result of someone else using your Account or Account Information or both. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes.
TJ’s reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole and unfettered discretion.
PRICING AND PAYMENT
Your use of this Website includes the ability to enter into agreements or to make purchases, or both, electronically. TJ’s may require you to provide an electronic submission to verify and confirm your intent to enter into agreements or to make purchases. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by and to pay for such agreements and purchases. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on this Website, including without limitation and to the full extent allowed by law, notices of cancellation, policies, contracts, and applications.
You are responsible for any taxes imposed on any transactions conducted on or in connection with this Website and applicable taxes will be added to the amount charged for the applicable transaction on this Website. You hereby agree to pay in full the prices, including, without limitation, all applicable taxes, for any orders placed using your accounts, or for any orders placed as a guest.
RETURN AND REFUND
TJ’s mission is to make each and every occasion with us an enjoyable and memorable experience by offering the highest quality fresh products and excellent service. If you are not entirely satisfied with your purchase of one of TJ’s products and services, you may be entitled to a refund or replacement of such purchase. Our policy with respect to refunds and replacements are set forth in TJ’s Return and Refund Policy, the terms of which are incorporated herein. The most current version of TJ’s Return and Refund Policy can be reviewed by clicking on “TJ’s Return and Refund Policy” located at a link at the bottom of the homepage for TJ’s Website. Please review our Return and Refund Policy to understand our practices.
INTELLECTUAL PROPERTY RIGHTS
LINKS TO OTHER WEBSITES
TJ’s may include links in this Website to other websites which are not maintained by TJ’s. Other websites are independent of TJ’s and TJ’s is not responsible for the content of those websites. The inclusion of any link to such websites do not imply endorsement by TJ’s of such websites, and the inclusion of links to such websites is solely for your convenience. TJ’s reserves the right to terminate any link or linking program at any time.
You may not provide or submit links on the Website without the express written permission TJ’s. The framing, mirroring, scraping or data-mining of the Website or any of its Content, in any form, and by any method is strictly prohibited.
You are welcomed to provide or submit comments, photos, audio files, videos or other communications regarding TJ’s products and services (“User Submissions”). However, if you send User Submissions to TJ’s, or if you provide User Submissions to the Website, you agree, represent and warrant that all moral rights in the User Submissions are waived in favour of TJ’s. Without limitation, TJ’s will have exclusive ownership of all present and future rights to User Submissions of every kind and nature everywhere. TJ’s may use, copy, reproduce, modify, adapt, publish, translate, create new works from, distribute, perform, display and otherwise exploit User Submissions without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of TJ’s. You agree that you have full responsibility for whatever User Submissions you submit, including responsibility for the User Submissions legality, reliability, appropriateness, originality, and copyright. You further agree that you will not:
- submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, racially or ethnically offensive, or is otherwise inappropriate;
- submit material that encourages conduct that would be considered a criminal offense, give rise to civil liability, or violate any law;
- submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant TJ’s all of the license rights granted herein; or
- post advertisements or solicitations of business.
TJ’s does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and TJ’s expressly disclaims any and all liability in connection with User Submissions. TJ’s has no obligation to monitor or enforce your intellectual property rights to your User Submissions. TJ’s does not permit unlawful User Submissions on its Website, including copyright infringing activities, infringement of intellectual property rights, pornography, obscene or defamatory material. TJ’s reserves the right to block and remove all User Submissions, without prior notice, if the User Submissions infringes on another’s intellectual property rights, or is otherwise unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, racially or ethnically offensive. In addition, you agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” or other such systems, that accesses the Website in a manner that sends more request messages to TJ’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser. Notwithstanding the foregoing, TJ’s permits operators of public search engines permission to use spiders to copy Content from the Website for the sole purpose of creating publicly available searchable indices of the Content but not caches or archives of such Content. TJ’s reserves the right to revoke these exceptions either generally or in specific cases.
TJ’s may terminate a user’s access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity three times or has had a User Submission removed from the Website, or both.
You agree that your use of TJ’s Website is at your sole risk. The Content in this Website are provided in good faith on an “as is” basis and without warranties, guarantees, conditions, or representations of any kind, either express or implied, statutory, or otherwise.
Without limiting the generality of the foregoing, TJ’s makes no warranty, condition, guarantee or representation, that:
- TJ’s Website will function without interruption, or will be free of errors, or that any errors will be corrected;
- The access to and use of TJ’s content will be free of malware, including viruses, trojan horses, worms or other malicious software; or
- The Content and TJ’s products and services described in this Website are appropriate or available for use in jurisdictions other than Canada.
LIMITATION OF LIABILITY
In no event shall TJ’s, its officers, directors, employees or agents be liable for or assume responsibility for any personal injury, property damage, expenses, costs, economic loss, loss of reputation, loss of goodwill, or any other loss, injury, or damage caused by, or resulting from, or in connection to the Website, its Content, your Account, or Account Information, including, but not limited to loss caused by, or resulting from, or in connection to:
- errors, mistakes, or inaccuracies in the Website’s Content;
- your use of and access to the Website;
- any claim that one or more of your User Submissions caused damage to a third party;
- malware, including viruses, trojan horses, worms or other malicious software;
- any interruption or cessation of transmission to or from TJ’s Website; or 7) any User Submissions;
You hereby release, remise, and forever discharge TJ’s from any and all liability.
You agree to defend, indemnify and hold harmless, TJ’s, its parent corporations, affiliates officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses, including but not limited to lawyer’s fees, in connection with or arising from:
- your use of and access to the Website;
- any claim that one or more of your User Submissions caused damage to a third party.
GOVERNING LAW AND VENUE
The Content is made available only to provide information and promote TJ’s products and services in Canada. TJ’s controls and operates this Website from its headquarters in Prince Albert, Saskatchewan, Canada. If you use this Website from another country you are responsible for compliance with applicable laws of that other country.
You agree that notwithstanding any principles of conflict of laws, or choice of law:
- TJ’s Website shall be deemed solely based in Saskatchewan, Canada;
- TJ’s Website shall be deemed a passive Website that does not give rise to personal jurisdiction over TJ’s, either specific or general, in jurisdictions other than Saskatchewan.
- You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the Province Saskatchewan, Canada, for any litigation arising out of or relating to the use of the Website; and
- You hereby waive any objection to the venue of any such litigation in the Saskatchewan courts and agree not to plead or claim in any Saskatchewan court that such litigation brought therein has been brought in an inconvenient forum.