Terms and Conditions
These terms and conditions (the "Terms") govern your use of this website (the "Site").
Please read these Terms carefully. By using this Site you acknowledge that you have read, understood and agree to be bound by these Terms. Do not use (or continue to use) the Site if you do not agree to the Terms.
Questions and comments? Rogers' Chocolates Ltd. Terms and Conditions have been developed out of respect for the privacy preferences and choices of our customers. We have established procedures to ensure that every reasonable effort is made to address your concerns. If you have questions or comments about our Terms and Conditions, please send them to me directly.
Rogers' Chocolates Ltd.
Larry Sullivan, Chief Executive Officer
Information about us
All orders and purchases made via the Site will be governed by these Terms and by our Terms and Conditions of Sale.
Accessing our Site
Access to our Site is provided on a temporary basis, and we reserve the right to withdraw or amend the service on our Site without notice (see "Site Availability" below). We will not be liable if for any reason our Site is unavailable at any time or for any period.
In order to access the e-shop on the Site, you will be required to register certain details with the Site. Where this is the case, you agree to provide true, accurate, current and complete information as prompted by the Site's registration form and to maintain and promptly update such information to keep it true, accurate, current and complete. From time to time, we may restrict access to some parts of our Site or to our entire Site, to users who have registered with us.
Upon registration, you will receive an account designation and a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password you should notify us immediately by contacting us. If Rogers’ Chocolates has reason to believe that there is likely to be a breach of security or misuse of the Site, we may require you to change your password or we may suspend your account (see below).
While Rogers’ Chocolates endeavours to ensure that the Site is available 24 hours a day, Rogers’ Chocolates shall not be liable if for any reason the Site is unavailable at any time or for any period. Access to this Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Rogers' Chocolates control.
Your access to the Site, your ability to participate in all or certain parts of the Site and/or your registration may be terminated by Rogers’ Chocolates at any time without notice and without any liability. Any limitations on Rogers’ Chocolates liability will survive such termination.
You may use the Site for lawful purposes only. You may not use the Site:-
- in any way that breaches any applicable local, national or international law or regulation;
- in any way that infringes the rights of any other person;
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- to transmit any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); and
- to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
Rogers' Chocolates may provide interactive services on the Site, including, chat rooms, bulletin boards and blogging facilities.
When you use an interactive service on the Site that allows you to upload material to the Site or to make contact with other Site users, you must comply with the Content Standards (set out below). You warrant that any such contribution made by you complies with those standards and you indemnify Rogers' Chocolates for any breach of this warranty.
Any material you upload or contribute to our Site will not be considered confidential. Rogers' Chocolates will have the right to use, copy, distribute and disclose to third parties any such material for any purpose. Rogers' Chocolates also has the right to disclose your identity to any third party who is claiming that material posted or uploaded by you to the Site constitutes a violation of their intellectual property.
Rogers' Chocolates will not be responsible or liable to any third party for the content or accuracy of any materials posted by you or any other users of this Site.
Rogers' Chocolates has the right to remove any material or posting you contribute to the Site.
These content standards apply to any and all material which you contribute to the Site and to any interactive services associated with it.
Your contributions must:
- be accurate (where they state facts);
- be genuinely held (where they state opinions); and
- comply with the applicable law of the country from which they are posted.
Your contributions must not:
- contain any material which is defamatory of any person;
- contain any material which is obscene, offensive, hateful or inflammatory;
- promote sexually explicit material;
- promote violence;
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- infringe any copyright, database right or trade mark of any other person;
- be likely to deceive any person;
- be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- promote any illegal activity;
- be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
- be likely to harass, upset, embarrass, alarm or annoy any other person;
- be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
- give the impression that they emanate from us, if this is not the case; and
- advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
- When a breach of these content standards has occurred, Rogers’ Chocolates may take such action as it deems appropriate, including immediate, temporary or permanent withdrawal of your right to use our Site, the removal of postings or uploaded material and legal proceedings against you for reimbursement of all Rogers’ Chocolates costs resulting from your breach.
Linking to the Site
You may link to our Site provided you do so in a way that is fair and legal and does not damage Rogers’ Chocolates reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement from Rogers’ Chocolates.
Rogers’ Chocolates reserves the right to withdraw linking permission without notice. The website you are linking to must comply with the content standards (set out above).
Links from the Site
Rogers’ Chocolates is not responsible for the contents of any website operated by a third party which may be accessed via this Site, and Rogers’ Chocolates does not accept any obligation, gives no assurance, and assumes no liability or responsibility (whether express or implied) in relation to any content on any other website. All links on this Site are provided for your convenience only and do not imply that Rogers’ Chocolates approves or recommends the content of such websites.
The Rogers’ Chocolates name, logo, corporate symbols and trade marks are the sole property of Rogers’ Chocolates and/or its Parent, and no permission is given in respect of their use. The Site and its contents are protected by EU and international copyright laws and other intellectual property rights. Unless otherwise indicated as between Rogers’ Chocolates and the user of the Site, Rogers’ Chocolates and/or its Parent is the owner of the copyright and all other intellectual property rights in the Site and its contents. Save as set out below, no part of the Site may be reproduced, modified, copied or used for any commercial purpose without the prior written permission of Rogers’ Chocolates.
The Site is provided without any warranties or guarantees. To the extent permissible by any applicable law, Rogers’ Chocolates, its associated companies and their officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for loss or damage of whatever nature (including but not limited to loss of profits or anticipated savings or wasted expenditure) arising from or in connection with your access to or use of this Site, or reliance on the Site, regardless of whether such loss or damage would arise in the ordinary course of events or otherwise, is reasonably foreseeable or otherwise, or is caused by any error or omission in the Site (whether negligent or not), except that nothing affects any liability of Rogers’ Chocolates, its associated companies and their officers, directors, employees, shareholders or agents of any of them for death or injury caused by their negligence or any other liability which may not be excluded or limited by law.
Whilst Rogers’ Chocolates makes reasonable attempts to exclude viruses or other destructive computer codes from the Site, it does not accept any obligation, gives no assurance and assumes no liability or responsibility (whether express or implied) in relation to viruses or such computer code. You should take all appropriate safeguards before using the Site or downloading from the Site.
Nothing in this paragraph "Liability" applies to Rogers’ Chocolates liability for goods purchased through the Site, which is governed by to our Terms and Conditions of Sale.
The Terms and your use of this Site shall be governed by British Columbia law. By using the Site and accepting the Terms you submit to the exclusive jurisdiction of the courts at the seat of Rogers’ Chocolates save that Rogers’ Chocolates may take action in any appropriate jurisdiction to protect its intellectual property rights or to recover any amount owed to Rogers’ Chocolates.
If any provision of the Terms is deemed unlawful, void or for any other reason unenforceable then that provision shall be deemed severed from the Terms and shall not affect the validity and enforceability of any remaining provisions.
Rogers’ Chocolates failure to exercise or enforce any rights or any provision of the Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by Rogers’ Chocolates in writing.
The section titles in the Terms are for convenience only, and have no legal or contractual effect.