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If you wish to purchase any Products ( or Services, if applicable ) made available through RAW Nails, you may be asked to supply certain information relevant to your purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any purchase; and that (ii) the information you supply to us is true, correct and complete. By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of purchases. We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the Product or Service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected. We will not be held responsible or liable for any failure for the Purchase to complete, or any resulting loss or damages to you.
RAW Nails and all contents, including but not limited to text, images, graphics or code are the property of RAW Nails and are protected by copyright, trademarks, database and other intellectual property rights. You may display and copy, download or print portions of the material from the different areas of the Site only for your own non-commercial use, or to place an order with RAW Nails. Any other use is strictly prohibited and may violate copyright, trademark and other laws. These Terms do not grant you a license to use any trademark of RAW Nails or its affiliates, if applicable. You further agree not to use, change or delete any proprietary notices from materials downloaded from www.rawnails.ca or RAW Nails.
We may terminate or suspend access to our Website immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms. All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Upon termination, your right to use www.rawnails.ca will immediately cease. If you wish to terminate your account, you may simply discontinue using RAW Nails products, or our Site.
LIMITATION OF LIABILITY
RAW Nails, its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses,
resulting from (i) your access to or use of our Website or Products; (ii) your inability to access or use of the Website or Products; (iii) any conduct or content of any third-party on or related to our Website or Products; (iv) any content obtained from or through www.rawnails.ca; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
As set out, above, some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental
damages, so the limitations above may not apply to you. Provincial laws of Canada may apply to certain Products and Service provided.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days’ notice prior to any new Terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Site after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, in whole or in part, please withdraw from using our Site.
AVAILABILITY, ERRORS AND INACCURACIES
In order to provide exceptional service, and accuracy, we regularly update the Products and Services on www.rawnails.ca. We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. Despite our best efforts, the products or services available on our Site may have an error regarding the price, be inaccurately described, or be
unavailable. We may experience delays in updating information on the Site and in our advertising on other Websites.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Website. You are responsible for safeguarding the password that you use to access www.rawnails.ca and for any activities or actions under your password, whether your password is with our Site or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
LINKS TO OTHER WEBSITES
Our Site “www.rawnails.ca” may contain links to third-party Websites or Services that are not owned or controlled by RAW Nails. RAW Nails has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party, Websites or Services. You further acknowledge and agree that RAW Nails 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 use of or reliance on any such content, goods or services available on or through any such Websites or Services. We strongly advise you to read the Terms and Conditions and Privacy Policies of any third-party Websites or Services that you visit.
You agree to indemnify, defend and hold harmless RAW Nails, its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, obligations, costs, actions or demands. These include but are not limited to: (a) legal and accounting fees resulting from your use of www.rawnails.ca and RAW Nails products; (b) your breach of any of these terms; (c) anything you post on or upload to www.rawnails.ca, other Websites, or any source of Media platforms; and (d) any activity related to your account. This includes any negligent or illegal conduct by you, any person or entity accessing www.rawnails.ca using your account whether such access is obtained via fraudulent or illegal means.
DISCLAIMER AND NON-WAIVER RIGHTS
RAW Nails makes no guarantees, representations or warranties of any kind as regards the Website and associated technology. Any purportedly applicable warranties, Terms and Conditions are excluded, to the fullest extent permitted by law. Your use of our Site is at your sole risk. RAW Nails products are provided on an “AS IS” and “AS AVAILABLE” basis. Our Website and Products are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the laws of any province in Canada. In such cases, the provincial law shall apply to the extent necessary. RAW Nails its subsidiaries, affiliates, and its licensors do not warrant that a) www.rawnails.ca will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) our Website is free of viruses or other harmful components; or d) the results of using www.rawnails.ca will meet your requirements. If you breach any of these Terms and RAW Nails chooses not to immediately act, or chooses not to act at all, RAW Nails will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. RAW Nails does not waive any of its rights. RAW Nails shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement. You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of Ontario and the laws of Canada, as applicable. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Products, Website, and supersede and replace any prior agreements, oral or otherwise, regarding RAW Nails.
Please read these Terms and Conditions carefully before placing an order with us. Your access to and use of our Site is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use www.rawnails.ca. By accessing or purchasing any of our products, you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these Terms and Conditions, in whole or in part, please do not place an order with RAW Nails.