Website Legal Terms and Conditions (“Terms and Conditions”)
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR USE OF THIS WEBSITE AND YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. BY ACCESSING OR USING THIS WEBSITE, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
This website is owned and operated by Molly Hamilton operating under the trade name of Make a Wonderful Day®.
This website is provided “as is” and is accessed and used by you at your own risk. Although reasonable efforts are used to ensure that the website is current and contains no errors or inaccuracies, Make a Wonderful Day® makes no representations, warranties or guarantees that the information, content or materials included in this website will be error-free or completely accurate or current at all times, or at any time.
Make a Wonderful Day® controls this website from its offices within Alberta, Canada. You agree that (a) all matters relating to access to, use of, or purchases through this website will be governed by the laws of Alberta and the federal laws of Canada applicable to Alberta; the courts of Alberta have jurisdiction; (c) the United Nations Convention on Contracts for the International Sale of Goods will not apply; and (d) you are responsible for complying with all local laws.
Make a Wonderful Day® may modify these Terms and Conditions from time to time, for any reason, by posting revised Terms and Conditions on this website. Please review these Terms and Conditions from time to time so you will be apprised of any changes. If you continue to use this website after the revised Terms and conditions have been posted, you will be deemed to have agreed to them.
The Content of this Website
All content which forms a part of this website, including without limitation, all text, design, graphics, drawings, photographs, e-mails, photographs, pictures, video, code and software, and all organization and presentation of such content (collectively, the “Content”), is subject to all proprietary rights provided under intellectual property law including without restriction patent, copyright, trademark, and trade secret laws.
You acknowledge and agree that the ownership right and title to such rights will continue and remain with Make a Wonderful Day® or its licensors, as the case may be. You are permitted to view and download a single copy of the Content and print hard copies of pages from this website for your own non-commercial and lawful use, provided that such copies clearly display the copyright and any other proprietary notices of Make a Wonderful Day®. No other copying of this website, in whole or in part, is permitted without the express written authorization of Make a Wonderful Day®.
MakeAWonderfulDay.com”, “Make a Wonderful Day®”, and certain other names, words, logos, slogans and images used on this Website are the property of and are subject to trade-mark rights held by Make a Wonderful Day®. Certain other trade-marks, trade names, words, logos, slogans and images depicted on this website are the property of their respective owners. Use of any such property, except as expressly authorized, shall constitute a violation of the rights of the owner of the property.
You agree that you will not distribute the Content for any purpose including without limitation compiling an internal database, redistributing or reproduction of the Content by the press or media or through any commercial network, cable or satellite system, or create derivative works of, reverse engineer, adapt, translate, transmit, arrange, modify, copy, publish, or make available to any person or otherwise use, either directly or indirectly, the Content in whole or in part, in any form or by any means whatsoever. You shall not permit, allow or do anything that would infringe or otherwise prejudice the intellectual property rights of Make a Wonderful Day® or its licensors or allow any third-party to access the Content. These restrictions set forth in these Terms and Conditions shall not apply to the limited extent that they are prohibited by applicable law.
Links to Third Party Websites
This website may contain links to other websites. All such other websites are independent from this website and from Make a Wonderful Day®. Make a Wonderful Day® has no control over and expressly disclaims any liability for such websites or their contents. The provision of any link does not constitute an endorsement of such linked website by Make a Wonderful Day®. Make a Wonderful Day® is not responsible for webstreaming or any other form of transmission received from any third party website nor is Make a Wonderful Day® responsible if the third party website is not working appropriately. Any transactions that take place between you and the third party are directly with the third party and Make a Wonderful Day® shall not be held responsible for any loss or damage that you may incur as a consequence thereto. If you decide to access any of the third party websites linked to this website, you do so entirely at your own risk.
Exclusion of Liability
Your use of (or inability to use) this website and the Content is at your own risk. You agree that your sole remedy in the event of any problem with your use is to cease using this website. In no event shall Make a Wonderful Day® or any of its directors, employees, agents and representatives and their respective successors and assigns be liable for any loss or damages whatsoever arising out or related to access to or use of this website or any other website linked to this website or the Content, regardless of whether such loss or damages are based on warranty, contract, tort (including negligence), strict liability, products liability or other theories of liability, including without limitation liability for direct, indirect, special, punitive, incidental or consequential damages.
Make a Wonderful Day® is not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications.
Make a Wonderful Day® assumes no responsibility, and shall not be liable, for any damages to, or any viruses affecting your computer equipment or other property on account of your access to or use of this website or your downloading of any materials, data, text, images, video or audio from this website.
To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless Make a Wonderful Day®, its affiliates and related companies, and each of their respective directors, officers, employees, agents and representatives from and against all claims, liability, losses, damages, expenses, and costs, arising out of your use of this website or your breach of the Terms and Conditions.
Online Shopping Terms and Conditions
All orders and purchases made through this website are subject to the following.
You agree to pay – You agree to pay for all charges noted herein as payable by you. All prices listed on this website are in Canadian dollars and all charges will be processed in Canadian dollars.
Effect of errors on Make a Wonderful Day’s part – While Make a Wonderful Day® takes great care to ensure its advertising is accurate, errors and/or inaccuracies may occur. Make a Wonderful Day® may correct errors or inaccuracies and change or update information on this website at any time without notice, including in respect of prices and availability of items.
- The items available on this website, and the prices for items on this website, are not necessarily the same as the items and pricing within any “bricks and mortar” Make a Wonderful Day® stores or Make a Wonderful Day® websites.
- All prices listed on this website are subject to confirmation. Make a Wonderful Day® will notify you by email within 2 business days of making a purchase if the confirmed price of an item you have selected differs from the price listed on the website or on your purchase order. If you do not receive an email within 2 business days of completing a purchase order, Make a Wonderful Day® is deemed to have confirmed the purchase at the price listed. If you receive such notification, the sale will be automatically terminated unless you reply by email with confirmation of your intention to purchase the item at the confirmed price
Restrictions on who may purchase, what may be purchased and where items may be shipped
- You may only purchase or order items lawful purposes and any other use is not permitted.
- You must be 18 years of age or older to purchase from the website.
- Make a Wonderful Day® reserves the right to limit the quantities, of items which you, your family or any group can purchase, to reject, correct, cancel or refuse orders, and to determine accounts in its discretion including, without limitation, if Make a Wonderful Day® believes that customer conduct contravenes applicable law or is harmful to the interests of Make a Wonderful Day® or its representatives, agents, contractors, suppliers or licensees.
- Make a Wonderful Day® will use commercially reasonable efforts to deliver items as quickly as possible and within any time periods indicated; however, Make a Wonderful Day® will not be responsible for any delays in delivery which are beyond its control. Where delivery is delayed, Make a Wonderful Day® will notify you as soon as possible.
- If any item listed or shown for purchase through the website is no longer available in the Make a Wonderful Day®’ inventory, the website will display a warning message to alert consumers. Where an item is replenishable and Make a Wonderful Day® expects to receive further shipments, the website will display a “Temporarily Out of Stock” message. For non-replenishable items, the website will display an “Out of Stock” message.
- In order to protect you and Make a Wonderful Day® from fraudulent transactions, Make a Wonderful Day® may provide your transaction-related information to a reputable third party organization to perform an address verification. This address verification is intended to ensure that the “bill to” address that you provide matches your credit card address. Make a Wonderful Day® also reserves the right, at its discretion, not to ship items ordered or purchased on this Website to certain addresses. In the event that Make a Wonderful Day® chooses not to ship an item, you will be notified by email and any amount charged to your credit card will be refunded.
Acceptable Use Policy for your Ratings, Reviews, Comments and Communications –
All permitted and prohibited uses of this website, including any ratings, reviews, comments and communications, are governed by the “Acceptable Use Policy” as follows:
Representations and Warranties
You understand that except for advertising programs offered by Make a Wonderful Day® and its website the website is available for your personal, non-commercial use only. By submitting any content to Make a Wonderful Day® or through the Make a Wonderful Day® website, you represent and warrant that:
- you are the sole author and owner of the intellectual property rights thereto;
- all “moral rights” that you may have in such content have been voluntarily waived by you;
- all content that you post is accurate;
- you are at least 13 years old; and
- use of the content you supply does not violate this Acceptable Use Policy and will not cause injury to any person or entity.
You further agree and warrant that you shall not submit any content:
- that is known by you to be false, inaccurate or misleading;
- that infringes any third party intellectual property rights, including copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- that is, or may reasonably be considered to be, defamatory, libelous, hateful, obscene, discriminatory or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
- for which you were compensated or granted any consideration by any third party;
- that includes any information that references other websites, physical addresses, email addresses, contact information or phone numbers; or
- that contains any computer viruses, worms or other potentially damaging computer programs or files; or
- that contains any advertisements, “spam” content, or references to other products, offers, or websites.
Ownership of Content
For any content that you submit, you grant Make a Wonderful Day® a, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.
All content that you submit on or through the Make a Wonderful Day® website may be used at Make a Wonderful Day®’s sole discretion. Make a Wonderful Day® reserves the right to change, condense or delete any content on the Make a Wonderful Day® website that Make a Wonderful Day® deems, in its sole discretion, to violate any provision of this Acceptable Use Policy. Make a Wonderful Day® does not guarantee that you will have any recourse through Make a Wonderful Day® to edit or delete any content you have submitted. Ratings and written comments are generally posted within two to four business days. However, Make a Wonderful Day® reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not Make a Wonderful Day®, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of Make a Wonderful Day®, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.
You are prohibited from violating or attempting to violate the security of the Make a Wonderful Day® website, including, without limitation: (a) accessing data not intended for you, including logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network to breach security or authentication measures without proper authorization, (c) attempting to interfere with, disrupt or disable service to any user, host or network, including, without limitation, via means of “denial of service” attacks, overloading, “flooding”, “mailbombing” or “crashing”, (d) forging any TCP/IP packet header or any part of the header information in any posting, (e) disrupting network nodes or network services or otherwise restricting, inhibiting, disrupting or impeding Make a Wonderful Day®’s ability to monitor or make the website available, or (f) taking any action in order to obtain services to which you are not entitled. Violations of system or network security may result in civil or criminal liability. Make a Wonderful Day® will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting you if you are involved in such violations.
Suspension or Termination
If Make a Wonderful Day® determines, in its sole discretion, that you are in violation of any provision of this Acceptable Use Policy, Make a Wonderful Day® may suspend or terminate your use or access to the Make a Wonderful Day® website without the notice to you. At all times, Make a Wonderful Day® shall have the discretion to take such action as Make a Wonderful Day® deems necessary, in its sole discretion, to preclude a violation, and Make a Wonderful Day® shall not be liable for any damages of any nature suffered by you or a third party resulting from Make a Wonderful Day®’s exercise of its rights under this Acceptable Use Policy.
Reporting Libel and Defamation
If you become aware of any misuse of the website, including libelous or defamatory conduct by any person, you must report it to Make a Wonderful Day®. Please contact us by sending an email to firstname.lastname@example.org.
Third Party Websites
If you choose to post or share any ratings, reviews, comments or communication on a third party website, including any social networking and/or social booking marking website, you do so at your own risk. Such websites are independent from Make a Wonderful Day® and Make a Wonderful Day® has no control over and expressly disclaims any liability which may ensue from posting or sharing any content on such third party websites.
If you wish to share feedback with us about product selection, pricing, ordering, delivery or other customer service issues, please do not submit this feedback through a product review. Instead, contact us directly by calling 403-242-8849 or via email to email@example.com.