Terms and Conditions
Terms and Conditions
Last update: November 06 2021
IT IS IMPORTANT THAT YOU REVIEW THIS AGREEMENT BECAUSE, BY ACCESSING THIS WEBSITE, BY PLACING AN ORDER WITH US BY EMAIL, OR THROUGH THIS WEBSITE, YOU ARE AGREEING TO THE TERMS AND CONDITIONS THAT GOVERN THE USE OF THE SITE AND THE TERMS UPON WHICH WE AGREE TO DELIVER TO YOU.
By placing an order with us by email, or online, you agree to the terms of this Agreement (the “Agreement”) which shall cover the terms of our deliveries to you and your use of our website. This Agreement is between you and Century Mart (the “Company” or “Century Mart” or “centurymart.ca”) that states the terms and conditions under which you may use the Site and receive deliveries from us. Century Mart reserves the right to update or modify the Agreement at any time without prior notice.
Unless otherwise noted, all materials, including images, text, illustrations, designs, music clips, downloads, icons, photographs, programs, video clips, and written and other materials that are part of centurymart.ca. Also, Century Mart is the owner of the following trademarks: Century Mart, www.centurymart.ca, and the Century Mart logo. This Agreement is binding on you whether you purchase from us via email or our website.
By using centurymart.ca, you represent that you are of the age of majority in your jurisdiction. If you are not of the age of majority in your jurisdiction, you must only use centurymart.ca under the supervision of your parent or legal guardian who agrees to the Agreement. If you are a parent or legal guardian agreeing to the Agreement, you must monitor and supervise the use of centurymart.ca by the minor and you are fully responsible for the minor’s use of centurymart.ca, including all financial charges and legal liability that he or she may incur.
IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT, YOU MAY NOT USE THIS SITE.
II/ OUR DELIVERY SERVICE
When you place an order, we use all reasonable efforts to deliver it to you as soon as possible. Once you place your order by email, or online, we will act as bailee for the ordered products. You can modify/cancel an existing order at any time up to 24 hours after your purchase by filling up the cancellation/modification form online. Please note that we reserve the right to refuse service to anyone. We reserve the right to change the cost of deliveries and/or our delivery fees at any time.
In some cases, your order will be delivered by a Century Mart vehicle and driver. In other areas, your order may be delivered by one of our 3rd party delivery partners (FedEx, DHL, Canada Post, etc).
III/ PRICE AND AVAILABILITY
From time to time, the products you order may be unavailable. If we are unable to fulfill your entire order, we will make every reasonable effort to substitute for an equal or better solution at no additional charge to you.
To receive the delivery, you do not need to be present to receive your order from our driver. However, it is highly advised. In the case of bad weather or unforeseen delivery complications, deliveries may be delayed. We will make every effort to get your groceries to you by 5:00 pm on the date of the arrival.
Your order will arrive with an invoice that will list all of the items you have received and were billed for. If something is missing from your order, please call us so that we can do everything reasonable in our power to ensure your satisfaction.
In the case where you fail to pay for the products ordered, you agree to forfeit to Century Mart any right, title, or interest you may have in the products.
Product information contained on the website or in our advertisements is offered as a convenience and should not be deemed as accurate. Information contained on the website or in our advertisements should not be used by you to evaluate ingredient information, nutritional values, or potential food allergies. Century Mart assumes no responsibility for such information.
Our drivers are allowed to accept tips. Customers are under no obligation to tip drivers but have the option of doing so at their discretion.
We accept credit/debit cards and PayPal. In the event your card is declined, we reserve the right to collect funds for any uncollected transactions owed us should a payment made via credit card be declined. If you fail to pay any fees or charges when due, we may charge such amount directly to the credit card identified in your Customer Account Information and we may suspend or terminate your access to our Service. You shall be responsible and liable for any fees, including but not limited to attorney’s fees and collection costs, that we may incur in our efforts to collect any unpaid balances from you.
From time to time, we may permit you to order and receive products from third-party businesses that we don’t use on a regular basis. In such instances, we act only as of the link between you and such businesses. The purchase, payment, warranty, guaranty, delivery, maintenance, and all other matters concerning the merchandise, services, or information ordered or received from such businesses are covered by their customer agreement and policies and solely between you and such businesses. We make no warranties of any kind, express or implied, regarding the merchandise received from these businesses, and the fact that we make such products available should not be construed as an endorsement of these businesses or the products they provide.
V/ COPYRIGHT AND OWNERSHIP
All Site content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are the property of, or duly licensed to Century Mart. Consent is granted to view all of such things for the sole purpose of placing an order with us. You are not authorized to save or collect any such information. Any other use of materials on centurymart.ca, including modification, distribution, or reproduction is strictly prohibited. You acknowledge that Century Mart and/or third-party content providers remain the owners of such material and that you do not acquire any of those ownership rights by downloading copyrighted material. Century Mart reserves the right to revoke your use of centurymart.ca.
Century Mart, www.centurymart.ca, the Century Mart logo, graphics, trademarks, and/or trade dress of Century Mart are proprietary to Century Mart and may not be used by you for any reason. All other trademarks, service marks, product names, and company names or logos appearing on centurymart.ca are the property of their respective owners and you do not acquire any ownership rights in such marks, logos, or names by using centurymart.ca or our service.
VII/ YOUR PERSONAL INFORMATION
You are responsible for and agree to pay promptly, all charges to your account, including applicable taxes and purchases by you or anyone you allow to use your credit card. You agree and accept responsibility for keeping all your account information current, including name, credit card information, telephone number, and e-mail address. You can update your information anytime by logging in to your centurymart.ca account.
You agree that you will not provide fraudulent information and that you are solely responsible for any information you provide to us. You will comply with all laws applicable to your activities on centurymart.ca and with this Agreement. Our secure server encrypts your credit card information, among other things so that it cannot be read as the information travels over the Internet. Once we receive your credit card information, it is stored in our secure data center. Century Mart will exercise commercially reasonable efforts to ensure that your credit card information remains confidential at all times. When our order form asks users to enter sensitive information, such as a credit card number, that information is encrypted and is protected with encryption software.
VIII/ LINKS TO THIRD-PARTY WEBSITES
Links from or to websites outside our website are meant for convenience only. We do not review, endorse, approve or control, and are not responsible for any sites linked from or to our website, the content of those sites, the third parties named therein, or their products and services. Linking to any other site is at your sole risk and we will not be responsible or liable for any damages in connection with linking. Links to downloadable software sites are for convenience only and we are not responsible or liable for any difficulties or consequences associated with downloading the software. Use of any downloaded software is governed by the terms of the license agreement, if any, which accompanies or is provided with the software.
IX/ BLOGGING SERVICE
THE CENTURY MART`S BLOGGING SERVICE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. PLEASE REVIEW ALL DISCLAIMERS BELOW.
We reserve the right to modify, restrict access to or terminate the Blogging Service or any features of the Blogging Service for any reason, without notice, at any time.
You understand that this is an online Service that requires data to be transferred to and from the centurymart.ca servers and databases via your network connection in order to function.
You are responsible for any fees charged by your internet service provider or the mobile carrier for using these Blogging Services, including, but not limited to data transfer fees.
You are responsible for ensuring that any networks you are using to access the Century Mart Blogging Services are secure and will not hold Century Mart responsible for any consequences of using the Blogging Service on an unsecured network.
Century Mart reserves the right to charge for certain features of the Blogging Service. Should Century Mart do so and should you elect to subscribe to such features, you shall pay all applicable fees, as described on the "Member Subscriptions" section in connection with such features.
You will not use the Blogging Service in a manner inconsistent with its intended uses, including but not limited to using centurymart.ca as a generic image hosting service or to serve assets.
You hereby grant Century Mart a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into the Blogging Service, other services, and the centurymart.ca website any suggestions, enhancement requests, recommendations, or other feedback that you provide to Century Mart relating to the operation of the Blogging Service, other services, and the centurymart.ca website.
BECAUSE CENTURY MART BLOGGING SERVICE RELIES ON USER-GENERATED CONTENT AND THIRD-PARTY CONTENT, CONTENT IS PROVIDED "AS IS" AND CENTURY MART MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING THE APPROPRIATENESS, ACCURACY, RELIABILITY, USEFULNESS, COMPLETENESS, OR TIMELINESS OF ANY CONTENT. ANY USE OF OR RELIANCE ON ANY CONTENT IS AT YOUR OWN RISK.
By using the Blogging Service, you agree that Century Mart shall not be responsible for
1. any Content,
2. any person’s reliance on any such Content, whether or not correct, current and complete, or
3. the consequences of any action that you or any other person takes or fails to take based on any Content or otherwise as a result of your use of the Blogging Service.
Century Mart does not endorse and has no control over any User Generated Content. Century Mart cannot guarantee the authenticity of any data which users may provide about themselves. Century Mart has no obligation to monitor the Blogging Service, Content, or User Generated Content.
Under no circumstances will Century Mart be liable in any way for any Content or User Generated Content, including, but not limited to, any errors or omissions in any Content or User Generated Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content or User Generated Content posted, emailed, accessed, transmitted or otherwise made available via the Blogging Service. Century Mart is not responsible for any data which is deleted (either intentionally or unintentionally) at the direction of any user.
The Blogging Services may contain links to third-party services or resources. When you access third-party services, you do so at your own risk. These other services are not under Century Mart’s control, and you acknowledge that Century Mart is not responsible or liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of such services or resources. The inclusion of any such link does not imply endorsement by Century Mart or any association with its operators. You further acknowledge and agree that Century Mart shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods, or services available on or through any such website or resource.
You may be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. While Century Mart does not endorse and reserves the right to remove such Content, you acknowledge that you nonetheless may be exposed to such materials. (If you find such content on centurymart.ca, please let us know by sending us a message via Live Chat or by filling up our Contact Form.)
You may not use Content without written permission from Century Mart or the original license holder. If Century Mart grants permission to use any photos hosted on centurymart.ca, the following caption (or an agreed-upon alternative) must be placed directly adjacent to any such photos: "Photo by [Century Mart User’s Display Name]. Used by permission from Century Mart." Use of any Century Mart images must not violate any of the terms and conditions found in our Terms and Conditions.
To contribute Your Content to Century Mart Blogging Service or to access certain features, you must create an account. To create an Account, you may be required to provide Personal Information about yourself, including but not limited to your email address. You are responsible for ensuring that any Personal Information you provide is accurate and up to date. We are not responsible for ensuring that communications reach Your Account email address. You are responsible for protecting Your Account from unauthorized access. You will be held responsible for any activity that occurs under Your Account. You will not impersonate, abuse, harass, threaten or intimidate other people from Your Account.
You will contribute accurate photos and information. Content that is inaccurate, offensive, indecent, inaccurate, objectionable, or otherwise inappropriate may be flagged and removed without notice.
You must own the rights to any Content you contribute. All content posted on the Blogging Service must comply with all applicable laws (including, without limitation, Canadian and U.S. copyright laws).
1. You represent and warrant that You own or otherwise possess all rights to use Your Content;
2. You have the permission to use the name and likeness of each identifiable individual person and to use such individual's identifying or personal information;
3. You are authorized to grant all of the rights described in these Terms and Conditions; and
4. the use of Your Content as contemplated by these Terms and Conditions will not infringe or violate any intellectual property, privacy, publicity, contract, or other rights of any person or entity.
If you do not have the right to submit Content for such use, it may subject you to liability. Century Mart will not be responsible or liable for any use of Your Content by Century Mart in accordance with these Terms and Conditions. You represent and warrant that you have all the rights, power, and authority necessary to grant the rights granted herein to any Content that you submit.
You will be held solely responsible and liable for Your Content and conduct on centurymart.ca.
Your Content may be publicly visible throughout the Century Mart Blogging Service.
Your Content, including your public account information such as your display or screen name or profile picture, may be indexed by third-party search engines, such as Google, which may not remove it immediately (or ever), even if it is removed from centurymart.ca.
Your Content may be modified or adapted (for example, photos may be cropped) in order to meet the design and technical requirements of the Blogging Service or for any other reason.
You are responsible for retaining original copies of Your Content.
Because other centurymart.ca users may have acted on Your Content (for example, commenting on a photo you uploaded), you may not be able to remove or edit Your Content once you’ve contributed it to Century Mart. We have made reasonable efforts to enable you to delete Your Content and disable Your Account, which disassociates Your Content from Your Account, but we cannot guarantee complete removal.
Your Content always belongs to you. You retain copyright and any other rights you already hold in Your Content, but by uploading, posting, contributing, or otherwise providing Your Content to Century Mart, you grant Century Mart a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit Your Content in connection with the Blogging Service and Century Mart’s (and its successors’ and assigns’) business, including without limitation for promoting and redistributing part or all of the Blogging Services (and derivative works thereof) or the Blogging Service in any media formats and through any media channels (including, without limitation, third party services).
For clarity, the foregoing license grant to Century Mart does not affect your other ownership or license rights in Your Content, including the right to grant additional licenses to the material in Your Content, unless otherwise agreed in writing.
We will encourage any third parties to whom we sublicense Your Content to attribute you, in addition to Century Mart, but you acknowledge that this may not always be possible depending on the context.
Removing Your Account And Your Content
You may disable Your Account by contacting Century Mart using the Contact Form. If you disable Your Account, we will use commercially reasonable efforts to stop displaying any public Account information (such as your Display Name) throughout the Blogging Service. Disabling Your Account may anonymize Your Content but does not automatically remove it.
You may delete certain types of Your Content via the centurymart.ca website, but because other Century Mart users may have acted on Your Content (for example, commenting on a photo you uploaded), you may not be able to remove or edit Your Content entirely once you’ve contributed it to Century Mart.
We reserve the right to monitor and review Your Account, Your Content, and Your activity for compliance with these Terms and Conditions.
We reserve the right to remove or disable Your Account or Your Content for any reason, including, but not limited to, violation of Terms and Conditions, alleged infringement or verbal, physical, written, or other abuse of a centurymart.ca user, employee, member, or officer. Doing so could immediately prevent you from accessing Your Account, Your Content, or the Blogging Service.
We will do our best to communicate with you via Your Account email address prior to the removal of Your Account or Your Content, but are not obligated to do so and cannot be responsible for failure to reach you via email.
We cannot guarantee access to Your Account or Your Content.
We have no obligation to retain or provide you with copies of Your Content. You are responsible for backing up and archiving Your Content.
We reserve the right to reclaim any screen name created by a centurymart.ca user on behalf of businesses or individuals that hold legal claims or trademarks on that screen name.
We also reserve the right to reclaim any screen name created by a centurymart.ca user that has been inactive for 6 months or more.
Survival Upon Termination
In the event of the termination of Your Account, all provisions of the Terms and Conditions, which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Restriction On Use
As a condition of use, you promise not to use the Blogging Service for any purpose that is prohibited by the Terms and Conditions. The Blogging Service (including, without limitation, any Content, or User Generated Content) is provided only for your own personal, non-commercial use. You are responsible for all of your activity in connection with the Blogging Service. By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Service, that:
infringes any patent, trademark, trade secret, copyright, right of publicity, or other rights of any other person or entity;
is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane;
constitutes unauthorized or unsolicited advertising, junk, spam, or bulk e-mail (including without limitation any postings to third party social media services which are linked to the Blogging Service);
contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Century Mart or any third party; or
impersonates any person or entity, including any employee or representative of Century Mart.
Additionally, you shall not:
take any action that imposes or may impose (as determined by Century Mart in its sole discretion) an unreasonable or disproportionately large load on Century Mart’s (or its third-party providers’) infrastructure;
interfere or attempt to interfere with the proper working of the Blogging Service or any activities conducted on the Blogging Service;
bypass any measures Century Mart may use to prevent or restrict access to the Blogging Service (or other accounts, computer systems, or networks connected to the Blogging Service); or
use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Blogging Services.
You shall not (directly or indirectly):
decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of centurymart.ca include the Blogging Service, except to the limited extent applicable laws specifically prohibit such restriction,
modify, translate, or otherwise create derivative works of any part of the Blogging Service, or
copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder. You shall abide by all applicable local, provincial, national and international laws and regulations.
Century Mart reserves the right to remove any Content from the Blogging Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Century Mart is concerned that you may have violated the Terms and Conditions), or for no reason at all.
Century Mart has no special relationship with or fiduciary duty to you.
You acknowledge that Century Mart has no control over, and no duty to take any action regarding:
which users gain access to the Blogging Service;
what Content do you access via the Blogging Service;
what effects the Content may have on you;
how you may interpret or use the Content; or
what actions you may take as a result of having been exposed to the Content.
You release Century Mart from all liability for you having acquired or not acquired Content through the Blogging Services.
The Blog Posts may contain, or direct you to third-party services containing, information that some people may find offensive or inappropriate. Century Mart makes no representations concerning any content contained in or accessed through the Blogging Services, and Century Mart will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Blogging Services.
THE BLOGGING SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) IS PROVIDED "AS IS" AND "AS AVAILABLE" AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. CENTURY MART AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, AND CONTENT PROVIDERS DO NOT WARRANT:
THAT THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION;
THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED;
THAT ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
THE INTEGRITY OR SECURITY OF ANY USER SUBMISSION OR OTHER DATA PROVIDED TO THE SERVICE; OR
THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.
YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.
CENTURY MART MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE BLOGGING SERVICES OR ANY WEBSITE LINKED TO THE BLOGGING SERVICES.
Limitation Of Liability
IN NO EVENT SHALL CENTURY MART, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE BLOGGING SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT)
FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING),
FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION),
FOR YOUR RELIANCE ON THE BLOGGING SERVICE OR
FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE-HUNDRED CANADIAN. DOLLARS ($100.00). SOME PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
International And Non-Ontario Use
Century Mart makes no representation that the Content is appropriate or available for use in locations outside of Ontario, and accessing the Blogging Service is prohibited from territories where such Content is illegal. If you access the Blogging Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.
X/ USE COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
You acknowledge that you are responsible for the information, profiles, opinions, messages, comments, and any other content (collectively, the “Content”) that you post, distribute or share on or through the centurymart.ca website or services available in connection with the centurymart.ca website. You further acknowledge that you have full responsibility for the Content, including but limited to, with respect to its legality, and its trademark, copyright, and other intellectual property ownership.
You agree that any Content submitted by you in response to a request by us for a specific submission may be edited, adapted, modified, recreated, published, or distributed by us. You further agree that we are under no obligation to maintain any Content in confidence, to pay compensation for any Content, or to respond to any Content.
You agree that you will not post, distribute or share any Content on the centurymart.ca website that is protected by copyright, trademark, patent, or any other proprietary right without the express consent of the owner of such proprietary right. You further agree that your Content will not be unlawful, abusive, or obscene nor will it contain any malware or computer virus that could affect our website’s operations. You will be solely liable for any Content that you make and its accuracy. We have no responsibility and assume no liability for any Content posted by you or any third party.
We reserve the right to terminate your ability to post on the centurymart.ca website and to remove and/or delete any Content that we deem objectionable. You consent to such removal and/or deletion and waive any claim against us for the removal and/or deletion of your Content.
XI/ ERRORS AND OMISSIONS
Please note that the centurymart.ca website may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time, without prior notice (including after an order has been submitted). Such errors, inaccuracies, or omissions may relate to product description, pricing, promotion, and availability and we reserve the right to cancel or refuse any order placed based on incorrect pricing or availability information, to the extent permitted by applicable law.
We do not undertake to update, modify or clarify information on the centurymart.ca website, except as required by law.
XII/ ACCEPTABLE USE POLICY
You agree not to engage in unacceptable use of our service, site, or systems. Among other things, you agree not to:
disseminate or transmit unsolicited messages, chain letters, or unsolicited commercial e-mail;
disseminate or transmit material that, to a reasonable person, maybe abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious;
disseminate or transmit files, graphics, software, or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, or other intellectual property rights of any person;
create a false identity or otherwise attempt to mislead any person as to the identity or origin of any communication;
export, re-export, or permit downloading of any message or content in violation of any export or import law, regulation, or restriction of Canada and its agencies and authorities, or without all required approvals, licenses, or exemptions;
interfere with, disrupt, or attempt to gain unauthorized access to other accounts;
disseminate or transmit viruses, Trojan horses, or any other malicious code or program; or
engage in any other activity deemed by us to be in conflict with the spirit or intent of this Agreement.
XIII/ WARRANTY DISCLAIMER; LIMITATION OF LIABILITY; INDEMNIFICATION
You expressly agree that the use of our service, the site, and the internet is entirely at your own risk. Our service, the site, and its contents are provided on an “as is”, “as available” basis. To the extent permitted by applicable law, we disclaim all representations and warranties of any kind, whether express or implied, including, without limitation, the warranties of merchantability or fitness for a particular purpose, with respect to our service, the site, or its contents or with respect to any information, services, and products provided through or in connection with our service; we do not adopt any representation or warranty of any manufacturer or merchant of any such information, service, or products.
We make no representations or warranties of any kind as to the availability, accuracy, or content of any information, services, or products obtained through the site or the service.
We do not warrant that the functions provided by the site will be uninterrupted or error-free, or that this site or the server that makes it available is free from viruses or other harmful components.
Neither the company nor any of its owners, employees, affiliates, agents, representatives, third-party information providers, merchants, or licensors shall be liable for any damages of any kind, including, without limitation, compensatory, direct, indirect, special, incidental, consequential, or punitive damages; loss of data, income, or profit; or loss or damage to property, arising out of or in connection with the use of our service, or the inability to use, the site, the resort delivery service, or the internet.
Century Mart’s delivery liability shall be limited to providing you with a refund for any product that is returned.
Your sole and exclusive remedy hereunder shall be for you to discontinue your use of our service and to terminate this agreement.
We reserve the right to limit your order or the quantity of a specific product you may order. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential, incidental, or special damages or of implied warranties, in such jurisdictions liability is limited to the greatest extent permitted by law.
The material in centurymart.ca is provided for lawful purposes only.
You agree to defend, indemnify, and hold Century Mart harmless from any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, and expenses, including attorney’s fees and costs, arising in connection with a violation of this Agreement by you or through use of your account.
This Agreement is effective upon your acceptance as set forth herein and shall continue in full force and effect until terminated. Century Mart may suspend or terminate this Agreement or the Century Mart Service or remove or disable access to any portion of our service at any time for any reason with or without notice to you. If you do not agree with the terms of this Agreement, you may terminate your acceptance by emailing us at email@example.com and/or by no longer accessing our website and deleting the application.
Century Mart reserves the right to collect fees and charges incurred before you cancel your service. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation.
Century Mart shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Century Mart’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation. The
Terms and Conditions are personal to you and are not assignable, transferable, or sublicensable by you except with Century Mart’s prior written consent. Century Mart may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms and Conditions and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the Terms and Conditions, the prevailing party will be entitled to recover costs and attorneys’ fees.
We may give notice to you of a change in this Agreement and any other matter through a general posting on centurymart.ca, or other means determined by Century Mart.
XVI/ ENTIRE AGREEMENT
If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties, and the remainder of this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. This Agreement shall be governed by the laws of Canada and the province of Ontario without regard to its conflict of rules. You expressly agree that exclusive jurisdiction for any claim or dispute with Century Mart or relating in any way to your use of the service or centurymart.ca website resides in the federal and state courts of Canada and you further expressly consent and agree to personal jurisdiction by the state and federal courts sitting in Canada in connection with any such dispute, including any claim involving Century Mart. Any cause of action by you must be instituted within one year after the claim or cause of action has arisen, or be barred.
XVII/ FUTURE AMENDMENTS
Century Mart may amend this Agreement at any time by posting the amended terms on centurymart.ca. All amended terms shall automatically be effective at the time they are initially posted on centurymart.ca. By accessing the centurymart.ca website after the effective date of any such amendment, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then-current Agreement to which you are bound. Customers who prefer to place an order by email or on the centurymart.ca website agree to be bound by the terms of this Agreement, as amended from time to time. In all cases, as a condition of making deliveries to you, you agree to review this Agreement from time to time.