TYPES OF PERSONAL INFORMATION COLLECTED
The Personal Information the Company collects about You will depend on the manner in which You access or use the Website or any content on or through the Website and may include:
- Your name, age, or contact information, such as Your mailing address, telephone number, or email address, or other similar information associated with You;
- Your location, time-zone setting, network information, device type, browser type and version, browser plug-in types and version, operating system and platform, language, standard web log data, and IP address used to connect Your computer to the Internet or other similar identifier, or the equipment You use to access or use the Website and usage details;
- Data on the pages, services, or content You access or use on or through the Website, including the amount of time You spend on certain pages, products or services You viewed or searched for, clickstreams to, through, and from the Website, page response times, downloads and download errors, page interactions, or methods used to browse away from the Website;
- Billing or account information, if applicable; and
- Any other Personal Information that You choose to submit to us.
The Website and any content provided on or through the Website is not directed to any person who is not the legal age of majority under applicable law. The Company will not knowingly collect Personal Information from any person who is not the legal age of majority under applicable law.
METHODS FOR COLLECTING PERSONAL INFORMATION
Information Provided to the Company by You
Personal Information the Company collects from You on or through the Website and as a result of Your access to or use of the Website or any content on or through the Website may include Personal Information You provide the Company directly, for example by:
- Submitting, posting, publishing, displaying, or otherwise transmitting user generated content;
- Filling in forms, making search queries, or corresponding with the Company on or through the Website, or otherwise communicating with the Company by any means including by phone, email, or other electronic messaging; or
- If applicable or available through or on the Website: creating or registering for an account; subscribing, purchasing, or requesting information on a service or product; entering a contest or promotion; or otherwise engaging with the Company through interaction points that might exist from time-to-time between You and the Company.
Information Collected by the Company Through Technological Means
- The device or equipment You use, including information about Your computer or mobile device, internet connection, IP address, operating system, and browser type; or
- Your browsing activities and patterns, including information about Your visits to the Website such as traffic data, location data, logs, and other similar communication data.
This information helps the Company improve the Website and the content available on or through the Website and otherwise improve the services of the Company by:
- Helping the Company understand audience sizes and usage patterns on the Website;
- Allowing the Company to tailor the Website to Your preferences and interests; and recognizing You when You visit the Website multiple times.
You can turn off cookies using Your internet browser but doing so may limit or remove certain parts of the Website, certain content on the Website, or the functionality of the Website.
USING AND DISCLOSING PERSONAL INFORMATION
Use of Personal Information by the Company
The Company collects Personal Information to provide You with a secure, smooth, efficient, and customized experience through or on the Website or any content on the Website. The Company may use Your Personal Information to:
- Provide You with content, services, or products on or though the Website;
- Customize, measure, and improve the Website or content provided on or through the Website, or otherwise analyze or manage the Company’s business operations or Website performance;
- Deliver targeted marketing, service update notices, or promotional offers based on Your communication preferences;
- Send You things in the mail or through other channels, such as products or services that You have requested; register You for, or authenticate You when You sign into, an account or online services or when You purchase a product or service, or to provide You with notices about such accounts, subscriptions, or purchases;
- Otherwise fulfill the purposes for which You have provided Personal Information or that were described when such Personal Information was collected; or
- Carry out other purposes that are disclosed to You and to which You consent, or which are otherwise permitted or required by law.
The Company may combine all the Personal Information the Company collects, including Yours, in order to analyze and understand aggregate trends.
The Company may transfer Your Personal Information to third parties that assist the Company with the use of Personal Information described in “Use of Personal Information by the Company,” above. Such third parties may combine Personal Information provided by the Company with other information that they have independently collected from or about You. Some third parties may be located outside of Canada and may accordingly be subject to laws that are different from those in Canada.
The Company requires that all third parties that received any Personal Information from the Company use the same standards as the Company in using, maintaining, disclosing, and protecting such Personal Information.
The Company may share or sell aggregated, non-personally-identifiable information to third parties. For clarity, the Company does not sell Personal Information. The Company may also share aggregated, non-personally-identifiable information publicly to show trends about the general use of the Website, or any content, services, or products provided on or through the Website.
Other Disclosures of Personal Information
The Company may transfer information about You, including Personal Information, in connection with a merger or sale (including any transfers made as part of an insolvency of bankruptcy proceedings) involving all or part of the Company’s business or as part of a corporate reorganization or stock sale or other changes in corporate control.
ACCESS & CORRECTION
The Company will provide You with access to Your Personal Information in accordance with applicable privacy legislation, and may decline to provide You access to Your Personal Information on the basis that such Personal Information is:
- Protected by solicitor-client privilege; or
- Part of a legal proceeding, government or regulatory investigation or process, or otherwise part of a formal dispute resolution process.
Where the Company is unable to provide You with access to Your Personal Information, reasons will be provided subject to any legal or regulatory restriction.
The security of Your Personal Information is important to the Company. The Company protects Your Personal Information by maintaining physical, organizational, and technological safeguards against unauthorized access, unauthorized disclosure, theft, or misuse appropriate to the sensitivity of such Personal Information. Personal Information collected by the Company may only be accessed by persons within the Company who require access to provide You with access to, use of, or content, services, or products provided on or through the Website. The Personal Information the Company collects is maintained at thewindandthewillow.ca.
Although the Company takes measures to protect against data breaches and unauthorized access to Your Personal Information, no company can completely mitigate the risks of such breaches or unauthorized access and no website is fully secure. The Company cannot guarantee that hacking, data loss, breaches, or other unsanctioned access of the Company’s security systems will never occur. Accordingly, You should not submit or otherwise provide Personal Information to the Company by any means if You consider that Personal Information to be sensitive.
Except as otherwise permitted or required by applicable law or regulation, the Company retains Personal Information only for as long as necessary for the purposes for which such Personal Information was collected. The Company reserves the right to use anonymous and de-identified information, including anonymized or otherwise de-identified Personal Information, for any legitimate business purpose without further notice to You and without Your Consent.
CONTACT INFORMATION & CHALLENGING COMPLIANCE
Terms & Conditions
1.1 Acceptance of Terms and Conditions of Use
IMPORTANT! YOUR ACCESS TO THIS WEBSITE IS SUBJECT TO THESE GENERAL TERMS AND CONDITIONS OF USE. CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS OF USE BEFORE PROCEEDING. ACCESSING THIS WEBSITE IS THE EQUIVALENT OF YOUR SIGNATURE AND INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND THAT YOU INTEND TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS WEBSITE AND DO NOT ENQUIRE ABOUT ANY PRODUCTS AND/OR SERVICES OFFERED FROM THIS WEBSITE OR DESCRIBED ON THIS WEBSITE.
By using the Website, You represent and warrant that You are the legal age of majority under applicable law to form a binding contract with the Company.
2. YOUR USE OF & CONDUCT ON THE WEBSITE
2.1 Nature of Use
a. violate or promote the violation of any government-imposed restriction or rule or of any third-party’s rights;
b. impersonate any person or entity, misrepresent Your affiliation with a person or entity, or do any other thing or act that brings the Company, any other user of the Website, or any third-party into disrepute or causes liability for the Company;
c. distribute viruses, malware, or any other technologies that are malicious or that may harm the Company, the Website, other users of the Website, the Company’s affiliates, or any third-party, or in any other way interfere or attempt to interfere with the proper working of the Website;
e. harvest or otherwise collect, use, or disclose (including through the use of any robot, spider, or other automatic device, process, or means) content on the Website or personal information about any other user or users of the Website for any purpose.
You further represent and warrant with respect to any account that You may make on or through the Website that:
f. all the information You provide on or through the Website is correct, current, and complete;
g. any username, password, or any other piece of information chosen by You, or provided to You as part of the Company’s security procedures, if any, will be treated as confidential by You and will not be disclosed to any other person or entity;
h. You will notify the Company immediately of any unauthorized access to or use of Your username or password, if applicable, or any other breach of security; and
i. You will not transfer Your account, if any, to another person without the prior written consent of the Company.
2.2 User Generated Content
User Generated Content may be removed, hidden, edited, or otherwise altered at the sole discretion of the Company for any or no reason, with or without notice, and at any time. However, the Company has no obligation, nor any responsibility to any party to monitor the Web-site or its use, and does not and cannot undertake to review User Generated Content. The Company cannot ensure prompt removal of objectionable material, including User Generated Content, and the Company has no liability for any action or inaction regarding transmissions, communications, or content, including User Generated Content, provided by any user of the Website or third-party, subject to applicable laws.
The discretion of the Company will be informed, but not limited by, the following guidelines for inappropriate User Generated Content. User Generated Content may be deemed inappropriate by the Company if it contains, depicts, includes, discusses, encourages, or involves, without limitation:
j. material or conduct that is illegal, exploitative, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, age, or other such legally prohibited ground;
k. any false, inaccurate, or misleading information, or the impersonation or attempted impersonation of the Company, an employee of the Company, another user of the Website, or any other person or entity;
l. conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by the Company in its sole discretion, may harm the Company or users of the Website, or expose either to liability;
m. cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person; or
n. material or conduct that is otherwise objectionable, as determined by the Company at its sole discretion.
By submitting, posting, publishing, displaying, or otherwise transmitting any User Generated Content on or through the Website, You agree to grant the Company, its successors, and as-signs, and the Company’s affiliates and service providers as necessary, a worldwide, royalty free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, perform, display, distribute, copy, and otherwise disclose for any purpose any User Generated Content You submit, post, publish, display, or otherwise transmit on or through the Website. You waive all moral rights in any such User Generated Content.
2.3 Ordering & Purchases
By selecting a product, quantity, colour, and/or any other features required to be selected by You, providing Your provided method of payment, and completing the steps required of You during the check-out process, You can place an order for a product on the Website. You may receive an email confirming that such order has been received by the Company, however: (a) any such order confirmation provided to You by the Company does not constitute an acceptance of Your order; and (b) the Company reserves the right, at its sole discretion, to accept or reject any order prior to shipment of that order. Without limiting the foregoing sentence, the Company may reject all or a portion of Your order because of the unavailability of the ordered product or products for purchase, errors in product pricing information, or a product recall for one or all of the products You ordered. Shipment and processing of payment for each product in Your order will constitute the Company’s acceptance of that portion of Your order.
The Company does not represent or warrant that any products description, image, or other such content on the Website is accurate, complete, reliable, or current. If You deem that a product You purchased on the Website is not as described on the Website, Your sole recourse is to return that product to the Company for a refund. Please direct such return inquiries to [email protected]. To extent legally permissible, the only warranties and conditions provided to You with respect to any particular product are those warranties and conditions described on the Website.
By placing an order for a product or products on the Website, and specifically by confirming your order at the conclusion of the check-out process, You agree to pay the Company the total amount set-out at the time You confirm Your order. All prices quoted on the Website, including the prices for products and shipping, are in Canadian dollars unless otherwise explicitly stated. Your provided method of payment will be charged for Your order or for each product in Your order as each portion of Your order is accepted by the Company and shipped. The Company reserve the right to reject Your order where the price of an ordered product has changed or was misstated on the Website; You may be provided an opportunity to accept such price change and continue with Your order. You are required to pay for all products shipped to You by the Company, even where such product is shipped to You as a result of an error by the Company, unless You return such product to the Company within 14 calendar days of Your receipt thereof. All payments owed by You are due immediately upon purchase.
All information provided by You to the Company during the check-out process must be truthful, accurate, and complete for the purposes for which such information was requested. By providing payment information to the Company, You represent and warrant that You are the authorized owner of such payment method.
The Company may use third-party carriers to ship and deliver the products You order and the Company is not responsible for any loss or damage to any such products after the Company has delivered the products to a third-party carrier. Products You order may be shipped in one or multiple packages. Shipping costs provided to You during the check-out process are estimates only and are realized by the Company at the time of shipping. You agree to pay all shipping costs unless otherwise stated by the Company at the time of Your order, including without limitation any increase in the price of shipping or any duties or other such taxes.
The Company will respect any certain legal rights You have with respect to Your order under applicable consumer protection laws. For information on the Company’s exchange and returns policy contact [email protected].
3. INTELLECTUAL PROPERTY RIGHTS & OWNERSHIP
The Website and all the content of the Website (including without limitation all information, reports, data, databases, graphics, interfaces, web pages, text, files, software, code, product names, company names, trademarks, logos, trade names, any other intellectual property contained on the Website but excluding User Generated Content), the manner in which such content is presented or appears and all information relating thereto, and the Website’s features and functionality (collectively, the “Website IP”) are owned by the Company, its licensors, or other providers of such Website IP, and are protected in all forms by intellectual property laws, including without limitation copyright, trademark, patent, trade secret, industrial design, and any other proprietary rights.
The Company grants You a personal, revocable, non-transferable, and non-exclusive license to access and read the Website IP.
You agree that, except as explicitly authorized by the Company, You will not:
o. distribute the Website IP for any purpose, including without limitation by compiling an internal database, or by redistributing or reproducing the Website IP by the press or media or through any commercial network, cable, or satellite system;
p. create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, distribute, publish or republish, download, store, arrange, modify, copy, bundle, sell, sub-license, export, merge, transfer, loan, rent, lease, assign, share, outsource, host, make available to any person or otherwise use, either directly or indirectly, the Website IP in whole or in part, in any form or by any means whatsoever, be they physical, electronic, or otherwise; or
q. allow any third-party to access the Website IP.
4. ENFORCEMENT, SUSPENSION, & TERMINATION
The Company may in its sole discretion for any or no reason, with or without notice, and at any time:
s. Limit, suspend, or terminate Your access to or use of the Website;
t. Take technical and legal steps to prevent You from accessing or using the Website; or
u. Remove or otherwise modify any User Generated Content.
6. LIMITATIONS ON LIABILITY & DISCLAIMER6.1 Limitations on Liability
EXCEPT TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE, WHETHER IN TORT, CONTRACT, OR OTHERWISE, FOR ANY SPECIAL, INDIRECT, INCIDENTIAL, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF USE, LOST PROFITS, LOST GOODWILL OR BUSINESS REPUTATION, LOST DATA, OR LOST SAVINGS, EVEN IF THE COMPANY OR ANY OF ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM, RESULTING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE OR ANY CONTENT ON THE WEBSITE, INCLUDING WITHOUT LIMITATION: (A) ANY CHANGES THE COMPANY MAY MAKE TO THE WEBSITE OR TO ANY CONTENT ON THE WEBSITE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE WEBSITE OR ANY CONTENT ON THE WEBSITE; (B) THE DELETION OF, CORRUPTION OF, OR FAILURE TO SEND, DISPLAY, OR STORE ANY ADS, USER GENERATED CONTENT, OR OTHER COMMUNICATIONS OR DATA MAINTAINED OR TRANSMITTED BY OR THROUGH THE WEBSITE OR ANY CONTENT ON THE WEBSITE, INCLUDING USER GENERATED CONTENT; (C) YOUR FAILURE TO PROVIDE THE COMPANY WITH ACCURATE ACCOUNT INFORMATION OR TO KEEP YOUR PASSOWARD OR ACCOUNT DETAILS SERCURE AND CONFIDENTIAL, AS APPLICABLE. NOTWITHSTANDING THE FOREGOING, IF THE COMPANY IS FOUND TO BE LIABLE FOR ANY REASON, THE COMPANY’S LIABILITY TO YOU OR ANY THIRD PARTY IS LIMITED TO THE GREATER OF: (Y) THE TOTAL FEES SUCH PARTY MADE TO THE COMPANY IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY; AND (Z) $150 CAD.
6.2 Availability, Completeness, & Quality
You understand and agree that the Website, any content on the Website, and any services or items found or attained through the Website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied, including without limitation the implied warranties of merchantability, fitness for particular purpose, or non-infringement.
Except as otherwise expressly required by applicable law, the Company makes no representations, warranties, conditions, or other terms (whether express or implied) in relation to the provision of the Website or any content on the Website, including without limitation as to completeness, security, reliability, suitability, accuracy, availability, or currency of the Website or any content on the Website, that the Website or any content on the Website will be free from bugs, errors, or omission, or as to the satisfactory quality or fitness of the Website or any content on the Website for a particular purpose. The Company assumes no obligation to update the Website or any content on the Website. The Website or any content on the Website may be changed without notice to You.
To the maximum extent permitted by applicable law, the Company excludes all liability (whether arising in contract, tort, breach of statutory duty, or otherwise), which the Company may otherwise have to You as a result of any error or inaccuracies in the Website or any content on the Website, the unavailability of the Website for any reason, or any representation or state-ment made on or through the Website or any content on the Website.
The Company is not responsible for any content on the Website, including User Generated Content, that You may find undesirable or objectionable.
The Company cannot and does not guarantee or warrant that files or data available for downloading on, through, or as a result of the Website will be free of viruses or other destructive code. You are solely and entirely responsible for Your use of the Website and Your computer, Internet, and data security. To the fullest extent provided by law, the Company will not be liable for any loss or damage caused by denial-of-service attack, distributed denial-of-service attack, overloading, flooding, mailbombing or crashing, viruses, trojan horses, worms, logic bombs, or other technologically harmful materials that may infect Your computer equipment, computer programs, data, or other proprietary material due to Your use of the Website or any services or items found or attained on, through, or as a result of the Website or to Your downloading of any material posted on or through the Website, or on any website linked to the Website.
6.4 Third-Party Sites
The Website or content on the Website may contain links to third-party sites. The Company does not assume responsibility for the accuracy or appropriateness of, and has no control over, the information, data, opinion, advice, or statements contained at such sites, and makes no representations about any such websites that may be accessed from the Website or from any content on the Website. Where You access such sites, You acknowledge and agree You are doing so at Your own risk. Your use of a third-party site may be governed by the terms and conditions of such site.
In providing links to third-party sites, the Company is in no way acting as a publisher or disseminator of any material contained on those sites and does not and does not seek to monitor or control such sites.
A link to a third-party site does not mean and should not be construed to mean that the Company is affiliated or associated with such third-party in any way. The Company does not recommend or endorse any material found on such third-party sites. The mention of another party or its product or service on the Website or in any content on the Website is not and should not be construed as an endorsement of that party or its product or service.
6.5 No Reliance
Any reliance You may place on the Website or any content available on, through, or as a result of the Website is at Your own risk. Any content provided by the Company on, through, or as a result of the Website is provided for general information purposes only and to inform You about the Company and the Company’s products, news, features, services, and other websites. Such content does not constitute technical, financial, or legal advice, or any other type of advice, and should not be relied on for any purpose. You agree to apply Your own judgment or obtain specific or professional advice before taking, or refraining from, any action or inaction on the basis of the Website or any content on the Website, including User Generated Content, including without limitation the use of the Website or any content on the Website, including User Generated Content, as the basis for any conclusions.
6.6 No Offer of Sale
Unless explicitly stated, the Website and the content on the Website are not to be construed as an offer to sell any product or service.
6.7 Force Majeure
If You have a dispute with one or more other users of the Website, You release the Company, its affiliates, and licensors (and its and their directors, officers, employees, agents, and subsidiaries) from any claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
9.1 No Agency
9.2 Governing Law, Jurisdiction, & Attornment
9.5 Entire Agreement
The Website is operated by The Wind and The Willow. You consent to the exchange of information and documents between Us electronically over the Internet or by e-mail. If You have an account profile with the Company or have purchased a product or service from the Company, the Company will send You information and documents to the e-mail address in Your account profile on the Website or provided in the course of purchasing such product or service. You will send information and documents to the Company by email to [email protected].