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Terms of service

Last updated:  October 4th, 2023

The following terms of use, together with any documents and/or additional terms they expressly incorporate by reference (collectively, the “Terms of Use”) govern your access to and use of: (a) our website available at hettas.ca (the “Site”); (b) any text, pictures, media, data, information, materials, functionality and other content (collectively, the “Content”) contained on or provided through (a); and (c) all products or services provided by us to you on or through the Site, including Hetta’s performance footwear (“Hettas  Footwear”) (collectively, the “Product(s)”). References in these Terms of Use to the Site will include, where applicable, the Content and the Products.

These Terms of Use form an agreement between Hettas Sports Ltd. (“Hettas”, “us”, “we”, “our”) and you. The term “you” or “User” refers to the person or entity browsing, installing, downloading, accessing or otherwise using the Site (“use” or “using” in these Terms of Use will mean any of the foregoing).

BY USING THE SITE IN ANY WAY, INCLUDING BY MAKING A PURCHASE THROUGH THE SITE, YOU: (A) REPRESENT AND WARRANT THAT (I) YOU HAVE REACHED THE LEGAL AGE OF MAJORITY IN YOUR JURISDICTION, (II) YOU HAVE THE CAPACITY TO ENTER INTO BINDING OBLIGATIONS, AND (III) ALL INFORMATION SUPPLIED BY YOU TO US THROUGH THE SITE IS TRUE, ACCURATE, CURRENT, AND COMPLETE; AND (B) AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS OF USE, AS UPDATED FROM TIME TO TIME IN ACCORDANCE WITH SECTION 1. IF YOU DO NOT AGREE TO THESE TERMS OF USE YOU MUST NOT ACCESS OR USE THE SITE.

IF YOU ARE USING THE SITE ON BEHALF OF ANOTHER PERSON OR A CORPORATE ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH PERSON OR ENTITY TO THESE TERMS OF USE.

These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with us in respect of any Products.

  1. Changes to these Terms of Use and the Site
    • Except where prohibited by applicable law, we reserve the right, in our sole discretion, to change any element of these Terms of Use at any time. When we change these Terms of Use, we will: (i) place a notice on the Site, send you an email, or notify you by some other means as required by applicable law; (ii) post a new version of the Terms of Use to the Site; and (iii) update the “Last Updated” date at the top of these Terms of Use. We may require you to provide consent to the updated Terms of Use in a specified manner before further use of the Site is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you must stop using the Site. Otherwise, your continued access to or use of the Site after any changes to these Terms of Use indicates your acceptance of such change(s).
    • We reserve the right to change the Site at any time, without notice. We may, at our discretion, suspend your access to or use of the Site or any component thereof: (i) for scheduled maintenance; (ii) if you violate any provision of these Terms of Use; or (iii) to address any emergency security concerns. You may need to update third-party software from time to time in order to use the Site.
  2. User Account
    • To access certain features of the Site, you may be required to successfully sign up for a user account using the available interfaces of the services and establish a username and password login credentials (the “User Account”). If you establish a User Account, you will keep your User Account secure and will not grant access to or otherwise share your User Account with any other person, unless otherwise expressly permitted under these Terms of Use. You must provide us with true, accurate, current and complete information for your User Account. If we believe or suspect that your information is not true, accurate, current or complete, we may deny or terminate your access to the Site. You agree to keep your contact information associated with your User Account current and accurate at all times.
    • You must keep your User Account and all other login information confidential. Unless otherwise expressly permitted under these Terms of Use, you cannot register more than one User Account, register for a User Account on behalf of an individual other than yourself without such individual’s authorization, or register for a User Account on behalf of any group or entity. You must monitor and control all activity conducted through your User Account in connection with the Site. You must promptly notify us if you become aware of or reasonably suspect any illegal or unauthorized activity or a security breach involving your User Account, including any loss, theft, or unauthorized disclosure or use of a User Account. You will not use anyone else’s User Account at any time, without the permission of the User Account holder. You will not attempt, in any manner, to obtain the password, account, or other security information from any other User.
    • We reserve the right to disable any User Account issued to you at any time in our sole discretion. If we disable access to a User Account issued to you, you may be prevented from accessing the Site (or any portion thereof).
    • Hettas is entitled to act on instructions received through your User Account. Hettas is not responsible for any actions taken or transactions made to or from your User Account by any other party using your User Account. You are solely responsible for any and all use of your User Account and all actions and activities that occur under or in connection with the User Account. Without limiting any rights which we may otherwise have, we reserve the right to take any and all action, as we deem necessary or reasonable, to ensure the security of the Site and your account, including without limitation terminating your User Account, changing your password[, or requesting additional information to authorize transactions on your User Account]. You agree to be responsible for any act or omission of any Users that access the Site under your User Account that, if undertaken by you, would be deemed a violation of these Terms of Use.
  3. User Data, User Submissions, and Privacy
    • You grant to us and any of our affiliates and service providers, and each of their and our respective licensees, successors and assigns, an irrevocable, worldwide, non-exclusive, royalty-free, transferable and sublicensable licence to access, collect, store and use any data, information, records or files that you load, transmit to or enter into, or that we collect from, the Site (collectively, “User Data”): (i) to develop, enhance and make available the Site; and (ii) to produce data, information, or other materials that are not identified as relating to a particular individual or entity (such data, information and materials, the “Aggregated Data”), provided that the foregoing licence does not apply to and does not include any Personal Information (as defined below) contained in the User Data. We and any of our affiliates and service providers, and each of their and our respective licensees, successors and assigns are free to create, use and disclose Aggregated Data during and after the Term (as defined below) for any purpose and without obligations of any kind. To the extent permitted by applicable law, Hettas will not be liable for any failure to store, or for loss or corruption of your User Data.
    • Please review our current privacy policy, available at Privacy Policy (“Privacy Policy”), which contains important information about our practices in Handling information about identifiable individuals (“Personal Information”), and which is hereby incorporated into and forms a part of these Terms of Us The term “Handle” means to access, receive, collect, use, transmit, store, process, record, disclose, transfer, retain, dispose of, destroy, manage or otherwise handle.
    • If you as a User post or publish Content that you upload, post, e-mail, transmit or otherwise make publicly available on the Site (a “User Submission”), you grant us and any of our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, a fully paid up, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and licence to use, license, distribute, reproduce, modify, adapt, publicly perform, publicly display, derive revenue or other remuneration from, and otherwise disclose to third parties, the User Submission (in whole or in part) for any purpose and/or to incorporate it in other works in any form, media or technology now known or later developed, throughout the world without compensation to you, for the full term of any worldwide intellectual property right, including moral rights, that may exist in the User Submission. You further waive any moral rights or other rights of authorship as a condition of uploading, posting, e-mailing, transmitting or otherwise making publicly available on the Site, any of the User Submission. You grant each User of the Site a non-exclusive, perpetual licence to access the User Submission through the Site, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submission including after your termination of your User Account on the Site.
    • We reserve the right to remove, edit, limit, or block access to the User Data and any User Submission at any time and from time to time, and to disable or terminate your User Account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms of Use. We have no obligation to display or review your User Data or any User Submission.
    • You understand and agree that you, and not the Hettas Parties (as defined below), are fully responsible for any and all User Submissions, and you are fully responsible and legally liable, including to any third party, for any such content and its accuracy. The Hettas Parties are not responsible or legally liable to any third party for the content or accuracy of any User Submission or such content uploaded, posted, e-mailed, transmitted or otherwise made publicly available on the Site by any other User.
    • You represent and warrant to us that: (i) your User Data and any User Submission will only contain your own Personal Information or Personal Information in respect of which you have provided all necessary notices and disclosures, obtained all applicable third-party consents and permissions and otherwise have all authority, in each case as required by applicable laws, to enable us to make available the Site and Handle the User Data as contemplated under these Terms of Use; (ii) you own or control the appropriate rights in and to your User Data and any User Submission, including any intellectual property owned by third parties and including the right to grant the licences to any User Submission contained herein; and (iii) you will not submit, upload, or otherwise make available via the Site, any User Data that: (A) you do not have the rights necessary to use, transmit, publish, or to grant us the licence as described herein; (B) infringe, misappropriate, or otherwise violate any intellectual property, publicity or other rights of any third party; or (C) breach or violate any applicable laws or these Terms of Use.
  4. Hettas Footwear
    • Hettas offers Hettas Footwear and other Products for purchase by Users through the Site for the purchase price set out on the Site. Hettas has made every effort to display as accurately as possible the colours and images of our Products that appear on the Site. However, we cannot guarantee that your device’s settings display of any colour will be accurate.
    • We reserve the right, but are not obligated, to limit the sales of our Products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products that we offer. All descriptions of Products or Product pricing are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any Product on this Site is void where prohibited.
    • These Terms of Use will govern any order you make through the Site for Hettas Footwear (such order, an “Order”). Hettas currently only ships to addresses in Canada & the United States of America. When you place an Order, we will confirm your address by sending an email to the email address you have provided. Your placement of an Order through the Site is an offer to purchase the Hettas Footwear and we may accept your Order by providing an electronic or other form of Order acceptance which expressly states our acceptance of your Order. Your receipt of an electronic or other form of Order confirmation that does not expressly state our acceptance of your Order will not signify our acceptance of your Order, nor does it constitute confirmation of our offer to sell. We may require additional verifications or information before accepting any Order. For any reason, we may decline to accept your Order or any part of your Order. If we decline to accept your Order, we will attempt to notify you at the email address you provided. We further reserve the right any time after receipt of your Order, without prior notice to you, to supply less than the quantity you ordered of any item. If some of the Products in your Order are temporarily out of stock, we will ship the available Products only and notify you of any Products that cannot be fulfilled. All sales of Hettas Footwear are subject to our then-current return policies, as posted on the Site and available here [INSERT LINK TO RETURN POLICY] (the “Return Policy”).
  5. Hettas Warranty
    • The Hettas Footwear is warranted by Hettas for a period of six (6) months following the date of purchase from Hettas or any authorized Hettas dealer (the “Warranty Period”) to: (i) be free from significant defects in material and design; and (ii) conform to the specifications set out on the Site in respect of the particular style and type of Hettas Footwear purchased (collectively, the “Hettas Warranty”). In the event your Hettas Footwear does not comply with the Hettas Warranty during the Warranty Period, you may request a refund or exchange for your purchase by initiating a warranty claim through the Site (a “Warranty Claim”). Hettas may request that you provide information and documentation to validate any Warranty Claim.  If Hettas approves your Warranty Claim, you must return the Hettas Footwear to the location designated by Hettas and Hettas or its authorized dealer will either issue you refund or provide you with replacement Hettas Footwear. The cost of shipping Hettas Footwear as part of a Warranty Claim will be borne by Hettas; however, you will not be refunded or any shipping that you paid to originally purchase the Hettas Product.
    • Except to the extent restricted or prohibited by applicable law, the Hettas Warranty is subject to the following conditions, limitations and exclusions: (a) the Hettas Warranty extends to the original consumer purchaser only and is not assignable or transferable, unless otherwise required by law; (b) the Hettas Warranty will not apply to any normal wear and tear or to any Hettas Footwear which has been subjected to misuse, abuse, rough handling, abnormal use, negligence, alteration, or accident or has had its serial number altered, removed or made illegible in any way; (c) the Hettas Warranty does not apply to defects or alleged defects caused by the use or modification of the Hettas Footwear in ways other than the intended use according to the documentation provided for such Hettas Footwear, including use of the Hettas Footwear with any item, accessory or service not intended to be used with the Hettas Footwear; and (d) the Hettas Warranty is valid only with authentic Hettas Footwear sold new and purchased from Hettas or its authorized dealers.
    • SUBJECT TO APPLICABLE LAW TO THE CONTRARY, THE HETTAS WARRANTY IS MADE EXPRESSLY IN LIEU OF ALL OTHER REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OR CONDITION OF QUALITY, DURABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, AND ALL OTHER OBLIGATIONS ON THE PART OF HETTAS PROVIDED, HOWEVER, THAT IF THE DISCLAIMER OF IMPLIED WARRANTIES AND CONDITIONS IS INEFFECTIVE UNDER APPLICABLE LAW, THE DURATION OF ANY IMPLIED WARRANTIES ARISING BY OPERATION OF LAW SHALL BE LIMITED TO ONE (1) YEAR FROM THE DATE OF PURCHASE OR SUCH LONGER PERIOD AS MAY BE REQUIRED BY APPLICABLE LAW.
  6. Payment

To pay for an Order, you will need to provide Hettas or, if applicable, a third-party payment processor (the “Payment Processor”) with the information necessary to process a payment from you, including the billing information requested on the Site or the applicable Payment Processor’s platform. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor, if any, in addition to these Terms of Use. To the fullest extent permitted by applicable law, we are not responsible for any error by, or other acts or omissions of, any Payment Processor. You may pay for your Order via credit card or any other manner then available on the Site or applicable Payment Processor’s platform. By submitting your payment information to us or the Payment Processor, you authorize us or the Payment Processor to charge the applicable payment method at our or their convenience. You represent and warrant that you will not use any credit card or other method of payment unless you have all necessary authorization to do so. We and any Payment Processor are not liable in the event persons acting with or without your permission use your credit card or other method of payment to make purchases on the Site or the Payment Processor’s platform; however you may report any unauthorized use to us or the Payment Processor, and we and/or the Payment Processor will use reasonable measures within our control to help prevent future unauthorized use of your credit card or other method of payment. We reserve the right to correct any errors or mistakes that any Payment Processor makes even if it has already requested or received payment. The terms of your payment will be based on your chosen payment provider and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen payment method. If we, either through the Payment Processor or otherwise, do not receive payment from you, you agree to pay all amounts due on your billing account upon demand.

  1. Promotional Offers

To the extent we run any promotional offers on the Site, the terms of any such promotion will be posted on the Site. Unless otherwise indicated, we may establish and modify, in our sole discretion, the terms of any such promotional offer and end such promotional offer at any point. Promotional offers may not be available in your jurisdiction.

  1. Updates and Upgrades

You acknowledge that Hettas may from time to time issue updated or upgraded versions of the Site, and may (subject to your device settings) automatically electronically update or upgrade the version of the Site that you are then currently using on your browser. You consent to receive updates or upgrades to the Site automatically without providing further consent each time. The Site (including any updates or upgrades) may: (i) cause your device to automatically communicate with our servers to deliver the functionality described in the Site description or through new features as they are introduced, and to record usage metrics; (ii) affect preferences or data stored on your device; and (iii) collect Personal Information as set out in our Privacy Policy. We are not responsible if an update or upgrade affects how the Site works if this is caused by your own equipment or device not supporting the update or upgrade. You can withdraw consent at any time under certain conditions by contacting us at customercare@hettas.com.

  1. Ownership of and Licence to the Site
    • Neither these Terms of Use nor your use of the Site grants you ownership in the Site. These Terms of Use do not grant you any right to use any Content, including Hettas’s trademarks, graphics, logos and other commercial symbols or brand elements. All right, title and interest, including intellectual property rights, in and to the Site, including any updates, adaptations, translations, customizations or derivative works thereof, will remain the sole property of Hettas (or our third-party suppliers, if applicable). Subject to these Terms of Use, we grant you a non-exclusive, non-transferable, non-sublicensable and revocable licence and right during the Term to use the The Site and all materials provided by us hereunder are made available or licensed and not “sold” to you. All rights not expressly granted to you in these Terms of Use are reserved by Hettas. 
    • Certain elements of the Site are protected by copyright. You are prohibited from modifying, copying, reproducing, publishing, posting, transmitting, distributing, creating derivative works from, decompiling, transferring or selling the Site or any portion thereof or sharing or granting access in any of the foregoing to any third party for any purpose.
    • The name HETTAS is the trademark and trade name of Hettas. Any trademarks, graphics, logos or other commercial symbols appearing in or on the Site are the exclusive property of Hettas (or its licensors or third-party suppliers) and may not be used in any manner without our express written consent.
    • Any use of third-party software provided in connection with the Site will be governed by such third parties’ licences and not by these Terms of Use.
  2. Additional Terms

Your access to and use of certain functionalities provided in or through the Site may be subject to additional terms and conditions presented to you by Hettas or its service providers, including the Privacy Policy and Return Policy. Such additional terms and conditions are incorporated herein by reference and you agree to comply with such additional terms and conditions at all times.  If there is a conflict or inconsistency between the terms and conditions of such additional terms and these Terms of Use, then the provisions of these Terms of Use will govern to the extent of such conflict or inconsistency, unless the conflicting term in the additional terms expressly states that the conflicting term in these Terms of Use do not apply. If you do not accept and agree to such additional terms and conditions, you may not be able to, and you should not, access or use those functionalities.

  1. Your Responsibilities

In additional to all other obligations expressly set out in these Terms of Use, you agree to: (a) prevent unauthorized access to or use of the Site; (b) maintain, protect and make backups of your User Data, if applicable; (c) comply with all applicable laws and regulations, including, but not limited to, all intellectual property, data, privacy laws and anti-spam; (d) upload and disseminate only data to which you own all required rights under law and do so only consistent with applicable law; and (e) except as authorized by applicable law, you agree not to export, re-export or transfer the Site or any part thereof to any country, person, entity or end-user subject to any applicable export controls or sanctions. For greater certainty, you are responsible for complying with all applicable trade restrictions, regulations and laws both foreign and domestic.

  1. No Unlawful or Prohibited Use

You will not use the Site in violation of these Terms of Use or of any applicable law. You will not, without our prior written permission, use the Site for any purpose other than to access and use the Site in accordance with these Terms of Use. Without limiting the generality of the foregoing, you will not and will not attempt to, directly or indirectly, as applicable: (a) disable or interfere in any way with servers or networks connected to the Site; (b) attempt to gain unauthorized access to the Site; (c) transmit or communicate in any way on the Site any data, information, media or any other materials or content that: (i) contains any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data; (ii) you do not have the lawful right to send, upload, collect, transmit, store, use, post, publish, or otherwise communicate; (iii) is false, inaccurate, intentionally misleading, or impersonates any other person; (iv) gives the impression that it originates from or is endorsed by us or any other person or entity, if that is not the case; (v) is libelous, slanderous, defamatory, bullying, harassing, abusive, threatening, vulgar, exploitative, obscene, harmful, sexually explicit, inflammatory, offensive or discriminatory in any way or is otherwise objectionable, such determination to be made in Hettas’s sole discretion; (vi) is harmful to minors in any way or targeted at minors; (vii) infringes, violates or otherwise misappropriates the intellectual property or other rights of any third party; (viii) violates, or encourages any conduct that may violate, any applicable laws or would give rise to civil or criminal liability; (ix) discloses or provides information protected under any law, agreement or fiduciary relationship, including proprietary or confidential information of others; or (x) contains information about an identifiable individual who has not authorized you to disclose such information; (d) use any data mining, robots, or similar data gathering or extraction methods, or copy, modify, reverse engineer, reverse assemble, disassemble, or decompile the Site or any part thereof or otherwise attempt to discover any source code; use the Site for the purpose of building a similar or competitive offering; (e) violate the terms of use of any third party website that is linked to the Site; (f) impersonate Hettas or any other person or entity; (g) encourage any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Hettas or Users of the Site or expose them to liability; (h) promote any illegal activity or advocate, promote, or assist any unlawful act; (i) advertise to, or solicit, any User to buy or sell any third party products or services, or use any information obtained from the Site in order to contact, advertise to, solicit, or sell to any User without their prior express consent; (j) interfere with the proper working of the Site; (k) encourage any other commercial activities, including, without limitation, any “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation not expressly permitted in these Terms of Use or on the Site; (l) publish or in any way distribute the Content except as may be expressly permitted in these Terms of Use or on the Site; (m) reidentify the Content to associate the Content with an individual or specific mobile device by using any method, including merging external data with the Content, or use the Content to attempt to identify the behaviour of a known individual for any reason; (n) copy or store any significant portion of the Content; (o) use the Site or Content to stalk, attempt to exploit, harass or harm another individual in any way; (p) cause annoyance, inconvenience, or needless anxiety or use the Site in a manner that is likely to upset, embarrass, or alarm any other person; (q) mirror or frame the Site or any Content, place pop-up windows over its pages, or otherwise affect the display of its pages; or (r) authorize, permit, enable, induce or encourage any third party to do any of the above.

  1. Confidentiality
    • We do not guarantee the confidentiality of any communications made by you through the Site. We do not guarantee the security of data transmitted over the internet or public networks in connection with your use of the Site.
    • You acknowledge that in the course of using the Site, you may come into contact with confidential information of Hettas, pertaining to, among other things, business methods, software and technological tools, or otherwise, and you agree to protect and keep confidential such confidential information and disclose it only as necessary to comply with these Terms of Use or with any applicable laws compelling disclosure. You agree that upon expiration or termination of these Terms of Use, you shall destroy, return and/or delete any such confidential information in your possession.
  2. Feedback

You agree that any suggestion, feedback or idea provided by you (collectively, “Feedback”) will not be treated as confidential, and nothing in these Terms of Use or otherwise will restrict our right to use, profit from, disclose, publish or otherwise exploit any Feedback, without compensation to you and without any obligation to you. You grant to us and any of our affiliates and, if applicable, our service providers, and each of their and our respective licensees, successors, and assigns, a fully paid up, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right and licence to use, license, distribute, reproduce, modify, adapt, translate, distribute, publicly perform, publicly display, import, sell, offer for sale, make, have made, derive revenue or other remuneration from, and otherwise exploit and disclose to third parties the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Site or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise. You will not have any claim, including, without limitation, claims based upon invasion of privacy, defamation or right of publicity, arising out of any use, alteration, blurring, distortion or use in composite form of any Feedback. You hereby waive, and you agree to waive, any moral and author’s rights (including attribution and integrity) that you may have in any Feedback, even if it is altered or changed in a manner not agreeable to you.

  1. Third-Party Content, Websites or Services
    • The Site may provide or publish links or access to third-party content, websites, or services. Likewise, we may allow you to access the Site from third-party systems. Hettas does not represent that it has reviewed such third-party websites and is not responsible for them or any content appearing on them. Trademarks displayed in conjunction with such third-party content, websites, or services are the property of their respective owners. Hettas does not endorse any third-party content, websites, services, or systems, or guarantee or warrant their quality, durability, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability, or fitness for any purpose. Third-party content, websites, services, or systems are not under Hettas’s control, and if you choose to access any such content, websites, or services, or to access the Site from such systems, you do so entirely at your own risk. You acknowledge that you may be required to accept terms of use applicable to third- party content, websites, services, or systems and agree to accept and comply with any such terms of use.
    • Your interactions with any other entities and/or individuals found on or through the Site, including payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such entities and/or individuals. You agree that to the fullest extent permitted by applicable law Hettas is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
  2. Malicious Code and Security

The downloading and viewing of Content are done at your own risk. We do not guarantee or warrant that the Site is compatible with your computer system or mobile device or that the Site, or any links from the Site, will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system and/or mobile device, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system and/or mobile device that may be necessary as a result of your use of the Site.

  1. Disclaimer

THE LAWS OF CERTAIN JURISDICTIONS, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN LEGAL WARRANTIES, CONDITIONS OR REPRESENTATIONS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS IN THESE TERMS OF USE, INCLUDING THE LIMITATIONS AND EXCLUSIONS RELATED TO THE HETTAS WARRANTY AND THE FOLLOWING DISCLAIMERS, MAY NOT APPLY AND YOU MAY HAVE ADDITIONAL RIGHTS. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR CONDITION, THE SCOPE AND DURATION OF SUCH WARRANTY OR CONDITION WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW. FURTHER, WHERE ANY TERM OF THE HETTAS WARRANTY IS RESTRICTED OR PROHIBITED BY APPLICABLE LAW, SUCH TERM WILL BE NULL AND VOID, BUT THE REMAINDER OF THE HETTAS WARRANTY WILL REMAIN IN EFFECT. THE HETTAS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT, UNLESS OTHERWISE EXPRESSLY SET OUT IN THESE TERMS OF USE, THE SITE AND ALL PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED IN THESE TERMS OF USE OR AS OTHERWISE REQUIRED BY LAW, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE SITE AND PRODUCTS WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY, DURABILITY, COMPATIBILITY, TITLE, SECURITY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, ACCURACY, CURRENCY, TIMELINESS, INTEGRATION, FITNESS FOR A PARTICULAR OR GENERAL PURPOSE AND NON-INFRINGEMENT, AND/OR ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, AND/OR THAT THE SITE AND PRODUCTS ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THIRD PARTY COMMUNICATIONS AND ANY THIRD-PARTY WEBSITES OR CONTENT DIRECTLY OR INDIRECTLY ACCESSED THROUGH THE SITE.

IN THE EVENT THAT THERE IS AN INTERRUPTION OR DISRUPTION TO THE PRODUCTS OR OUR PROVISION THEREOF, INCLUDING ANY ORDER, FOR WHATEVER REASON, EVEN IF HETTAS HAS BEEN MADE AWARE OF AN ISSUE THAT COULD RESULT IN OR IS LIKELY TO RESULT IN AN INTERRUPTION OR DISRUPTION OF THE PRODUCTS OR PROVISION THEREOF, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HETTAS WILL NOT BE REQUIRED TO ISSUE A REFUND FOR ANY PURCHASE MADE BY YOU. AS SOON AS HETTAS HAS IDENTIFIED THE CAUSE OF AN INTERRUPTION OR DISRUPTION, HETTAS WILL USE REASONABLE EFFORTS TO PROVIDE THE PRODUCT AS SOON AS REASONABLY POSSIBLE.

 

  1. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR AFFILIATES OR OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, LICENSEES AND SERVICES PROVIDERS AND ANY SUCCESSORS AND ASSIGNS OF THE FOREGOING (COLLECTIVELY WITH HETTAS, THE “HETTAS PARTIES”) BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES; OR LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES, IN EACH CASE, WHETHER OR NOT WE WERE ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THE SITE OR THE INABILITY TO MAKE USE OF THE SITE, OR THESE TERMS OF USE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE.

WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL ANY OF THE HETTAS PARTIES BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOUR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOUR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, PANDEMICS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES.

  1. Indemnification

You will defend, indemnify and hold harmless the Hettas Parties from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including reasonable legal and accounting fees, arising out of or in connection with: (a) Your User Data and, if applicable, any User Submission; (b) your breach of any provision of these Terms of Use or any documents referenced herein; (c) your violation of any law or the rights of a third party (including intellectual property rights); (d) any viruses, Trojan horses, worms, time bombs, spyware, malware, cancelbots or other similar harmful or deleterious programming routines input by you into the Site; or (e) your use or, if applicable, the use by any Authorized User using your User Account of the Site (except to the extent prohibited by law). Hettas reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defences. You agree that the provisions in this section will survive any termination of your account, the Terms of Use or your access to the Site.

  1. Term and Termination

These Terms of Use will commence on the day you first use the Site and will continue for as long as you use the Site or until terminated in accordance with the provisions of these Terms of Use (the “Term”). At any time, Hettas may: (i) suspend or terminate your rights to access or use the Site; or (ii) terminate these Terms of Use; in Hettas’s sole discretion, for any reason, including if Hettas in good faith believes that you have used the Site in violation of these Terms of Use or have engaged in fraudulent activity. You may terminate these Terms of Use at any time and with immediate effect by ceasing use of the Site. For greater certainty, if you continue to use any portion of the Site after these Terms of Use have been terminated, these Terms of Use will continue to apply to the extent of such use. In the event of termination, you are no longer authorized to access the benefits of the Site.

  1. Geographic Restrictions

Hettas makes no representation that the Site is or will be available for use in all locations outside Canada or all locations within Canada. We provide the Site for use only by persons located in Canada (excluding Quebec). This Site is not intended for use in any jurisdiction where its use is not permitted. If you access the Site from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.

  1. General Provisions
    • Choice of Law. Except as restricted by applicable law, these Terms of Use will be governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein without giving effect to any principles of conflicts of law and such laws apply to your access to or use of the Site, notwithstanding your domicile, residency or physical location. You will only use the Site in jurisdictions where the Site may lawfully be used. Except as restricted by applicable law, you hereby consent to the exclusive jurisdiction and venue of courts in British Columbia in all disputes arising out of or relating to the use of the Site. The U.N. Convention on Contracts for the International Sale of Goods will not apply to these Terms of Use.  This choice of jurisdiction does not prevent us from seeking injunctive relief with respect to a violation of intellectual property rights or confidentiality obligations in any appropriate jurisdiction.
    • Entire Agreement. These Terms of Use, including all terms and conditions incorporated by reference, constitute the entire agreement between you and us pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Site and the Products. A printed version of these Terms of Use and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
    • The following Sections, together with any other provision of these Terms of Use which expressly or by its nature survives termination or expiration, or which contemplates performance or observance subsequent to termination or expiration of these Terms of Use, will survive expiration or termination of these Terms of Use for any reason: Sections 3 (User Data, User Submissions, and Privacy), 9 (Ownership of and Licence to the Site), 10 (Additional Terms), 15 (Third-Party Content, Websites or Services) 16 (Malicious Code and Security), 17 (Disclaimer), 18 (Limitation of Liability), 19 (Indemnification), and 22 (General Provisions).
    • Our failure to insist upon or enforce strict performance of any provision of these Terms of Use will not be construed as a waiver of any provision or right. A waiver of any provision of these Terms of Use must be in writing and a waiver in one instance will not preclude enforcement of such provision on other occasions.
    • If any of the provisions contained in these Terms of Use are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such provision will be severed from these Terms of Use and all other provisions of these Terms of Use will remain in full force and effect.
    • You will not assign these Terms of Use to any third party without our prior written consent. We may assign these Terms of Use or any rights under these Terms of Use to any third party without your consent. Any attempted assignment, subcontract, delegation, or transfer in violation of this Section 24(f) will be null and void. The terms of these Terms of Use will be binding upon permitted assignees. These Terms of Use will inure to the benefit of and be binding upon the parties, their permitted successors and permitted assignees.
    • Dispute Resolution. If you believe that Hettas has not adhered to these Terms of Use, please contact Hettas using the contact information listed below. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.
  2. Contact

If you have any questions or comments regarding these Terms of Use, please contact us at customercare@hettas.com.