Terms and Conditions

Table of Contents

About Virtual Mall Canada

Hello, and welcome to the Virtual Mall. This site is a showcase of websites designed by graduates of the Internet Business Development for Entrepreneurs (IBDE) program, who are selling products and services offered by Canadian businesses in their local communities. We are very pleased that you have taken the time to support the sites featured throughout the Virtual Mall. And thank you from all of us for your patronage and support.

VirtualMall.ca serves only as a marketing portal to websites developed in the IBDE program. All purchases are placed directly from the individual websites, and all correspondence relating to orders should be sent to them.

Please read the Terms and Conditions in the following User Agreement before using this site.


User Agreement

Legal Statement

Last updated July 1, 2005

By accessing any area of virtualmall.ca, (the “Mall”) or purchasing any merchandise or services from the Web Sites associated within it (“Web Sites” or “sites”), the user acknowledges this notice, and agrees to the terms and conditions set out below. If you do not agree to be bound by the terms and conditions of this Agreement, please do not use our Mall or access the sites located in it.

All orders and purchases made through the Web Sites in this Web Mall shall be subject to these terms and conditions as well as the terms and conditions stated on the individual sites. These terms and conditions may change from time to time without prior notice, at our discretion. Each time you use the Mall, the text of this agreement as it then reads will govern your use. Therefore, we urge you to read the Terms and Conditions carefully each time your use this Mall.

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Proprietary Rights

Virtual Mall Inc. owns and operates the virtualmall.ca Web site. Virtual Mall Inc. and domain names and logos are the property of Virtual Mall Inc. All other trademarks, product names, company names, domain names, words, slogans, digital images and photographs are the property of their respective owners.

The material contained on virtualmall.ca, including all portions of the web site, content, site design, text, graphics, and the selection and arrangement thereof are the property of Virtual Mall Inc.

No material from the Mall or any other Web Site in the Mall, may be copied, reproduced, republished, posted, transmitted or distributed in any way. The user may print, in hard copy, portions of the web sites only for the purpose of ordering from one of them. The use of any such material for any other reason, without prior written permission from Virtual Mall Inc. is strictly prohibited.

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PROHIBITED OR UNLAWFUL USE

You warrant to the Virtual Mall that you will not use this Internet Site for any purpose that is either unlawful or prohibited by the Terms and Conditions. You agree not to use this Internet Site in any manner which could cause it to be disabled, damaged, overloaded, or impaired or interfere with any other person's use and enjoyment of this Internet Site. You may not misrepresent your identity or location as a user and you may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this Internet Site.

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RULES FOR ONLINE CONDUCT

If any sites in this mall have a feedback area, you agree that you will not post any of the following material: Material that defames, abuses or threatens others. Statements that are bigoted, hateful or racially offensive. Material that advocates illegal activity or discusses illegal activities with the intent to commit them. Unauthorized copyrighted material. Material that contains vulgar, obscene or indecent language or images. Advertising or any form of commercial solicitation. Statements or postings that violate the above terms will be deleted upon discovery.

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LINKS TO OTHER INTERNET SITES

This Internet Site may contain links to other Internet Sites (other than the Web Sites located in the mall, made by entrepreneurs with disabilities) which are provided to you for your convenience. Please note that the provision of any links to other Internet Sites does not constitute an endorsement by the Virtual Mall of such linked Internet Sites. All such other Internet Sites are wholly independent from this Internet Site and from the Mall and the Mall has no control or power over such other Internet Sites including their content. If you visit any of the linked Internet Sites, we urge you to review their respective terms and conditions of use as well as their policies on privacy and security.

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PRIVACY

Your privacy is very important to us and we want to ensure you that if the Mall should ever obtain your contact information we would not sell or rent your personal information to third parties.

Occasionally the Sites within the Mall may send automatic announcements or promotional messages to previous customers. Such messages should contain an unsubscribe option so you can indicate if you do not wish to receive any future offers.

Should you have any concerns regarding privacy on a Site please be sure to send an email to that Site and contact the Virtual Mall Administration.

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Shopping Online Terms and Conditions

Virtualmall.ca's goal is to make your Internet shopping experience more convenient by providing you with access to a number of Web Sites made by Entrepreneurs with Disabilities, selling products or services made in their local communities.

Shopping in any of the Web Sites in this Mall may only be done by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the products and services found in the Sites in the Mall are not available to children (persons under the age of 19). If you are under the age of 19, you can make a purchase only in conjunction with, and under the supervision of your parents or guardians.

All prices listed in any of the Web Sites linked to this Mall are in Canadian dollars (unless otherwise stated) and all charges will be processed in Canadian dollars. Price and availability information is subject to change without notice.

Any product ordered or purchased from any Sites linked to the Mall may only be for lawful purposes and any other use is not permitted.

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Payment Methods

Orders & payments are made directly with the Web Sites. Please see their individual sites for payment options.

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Disclaimers

Please note that this Mall and the Web Sites within it, are provided “as is” and should be accessed and used by you at your own risk. The information contained in the Mall website is provided as a shopping source and we are not responsible for its use or misuse.

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Product Display

The Sites within the Mall have made every effort to display accurately the products and services featured in them. However, the colors they use and the capabilities of your computer monitor will affect the colors you see on your screen. No one can guarantee that your monitor's display of any color, texture, or merchandise details will be accurate. Some merchandise will also be original works of art and will not be exactly as shown; they will vary slightly from that displayed on the websites.

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Website Errors or Omissions

The Virtual Mall and the Web Sites within it attempts to provide the most recent, accurate, and reliable information. However, there may be occasions when information featured may contain incomplete data, typographical errors, inaccuracies, or when an item featured in a Web Site may no longer be in stock. The Virtual Mall and the Web Sites within it, do not warrant that the information accessible via these web sites is accurate, complete or current. Any errors are unintentional and we apologize if erroneous information is reflected in merchandise or service price or item availability. The Mall and the Web Sites within it reserve the right to correct errors and to update product and service information at any time without prior notice.

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Purchasing, Shipping and Returns

The Web Sites featured in the Virtual Mall are responsible for all sales transactions not the Mall itself. If you should have questions in regards to your order please send them directly to the Web Site that you were dealing with.

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Limitation of Liability

The Virtual Mall and the Web Sites within it, and its directors, employees, agents, representatives, successors and assigns shall not be liable for any damages whatsoever arising out or related to access to or use of this website or any other website linked to this website, whether or not such damages might be foreseeable and even if Virtual Mall is informed of their possibility, including without limitations liability for direct, indirect, special, punitive, incidental or consequential damages (including lost profits, lost savings, business interruption or loss of data or damage to property and claims of third parties). If any portion of this limitation is found to be invalid or unenforceable for any reason, then the Virtual Mall's total liability to you shall in no event exceed One Hundred Canadian Dollars ($100) or the actual cost of your damages.

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INDEMNITY

You agree to indemnify, defend and hold harmless Virtual Mall Inc, virtualmall.ca, and any Web Sites within the Mall, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms and Conditions or any activity (including negligent or wrongful conduct) related to your use of the Site.

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Entire Agreement

The Terms and Conditions on this Site constitute the entire Agreement between you and Virtual Mall Inc., virtualmall.ca and all Web Sites within the Mall, governing your use of the Site. This current Agreement supersedes all prior or contemporaneous communications, whether electronic, oral or written between the Virtual Mall and you with respect to such subject matter. You may also be subject to other terms and conditions when you access other sites or other portions of the Site (if specified). The failure or delay of the Virtual Mall in exercising any right or remedy under the Terms and Conditions or elsewhere shall not constitute a waiver of such right or remedy. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

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Severability

These Terms and Conditions shall be deemed severable. In the event that any provision of the Terms and Conditions in this Agreement are held to be indefinite, invalid, illegal or otherwise voidable or unenforceable, the other parts of this Agreement will not fail on account thereof, and the balance of the Agreement will continue in full force and effect.

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Governing Law and Jurisdiction

Virtual Mall Inc. from its offices within the Province of British Columbia, Canada, controls the Virtual Mall and the Web Stores within it. The Virtual Mall can be accessed from all provinces and territories of Canada, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the Province of British Columbia, by accessing the Web Site, the user agrees that all matters relating to access to, or use of, the Web Site, or any other hyperlinked web site, shall be governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein. The user also agrees and hereby submits to the exclusive personal jurisdiction and venue of the courts of the Province of British Columbia and acknowledges that the user does so voluntarily and is responsible for complying with local laws. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

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