TERMS OF USE
These Terms of Use are entered into by and between You and Harma ("Company," "we," or "us"). The
following terms and conditions, along with any documents expressly incorporated by reference
(collectively "Terms of Use"), govern your access to and use of all Harma online, digital activities and
tools where these Terms of Use appear or are linked (collectively "Website").
Acceptance of the Terms of Use
By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not agree to these Terms of Use or our Privacy Policy, you may not access or use the Website. Certain areas within the Website may be governed by additional terms ("Additional Terms"), incorporated herein by reference. By using those areas of the Website, you agree to the Additional Terms.
Changes to these Terms of Use
At the Company's sole discretion, we may revise, update, modify, or discontinue any part of these Terms
of Use, in whole or in part, at any time, by posting revised terms on the Website. We will notify you of
such changes by posting the modified version on our Website and indicating the date it was last modified, and, if the changes are significant, we will provide a more prominent notice (including by email in certain instances). We encourage you to visit our Website periodically to view the latest version of these Terms of Use. All changes are effective immediately and apply to all access to and use of the Website thereafter. Your continued use of the Website after the revised Terms of Use are posted on the Website means that you accept and agree to the changes and updated Terms of Use.
Features and Functionality Provided by Third Parties; Third Party Items
Some of the content, features and functionality on the Website may be provided by third parties
(collectively, "Third Party Providers"). Your use of and interaction with such content, features and functionality (collectively, "Third Party Content") may be subject to separate terms and conditions. In
such event, you acknowledge that these Terms of Use will not apply to your use of the Third-Party
Content and that you will be subject to and comply with the terms of use offered by such Third-Party
Providers. You Acknowledge that we are not responsible or otherwise liable for third party content or the
acts or omissions of third-party providers and that any claims or other causes of action available to you in
connection with either of the foregoing will be brought against the applicable third-party provider(s).
Use of Website
If you choose, or are provided with, a user name, password or any other information as part of our secure
account registration, you must treat such information as confidential, and you must not disclose it to any
other person or entity. You also acknowledge and agree that your account is personal to you and that you are responsible for all activity that occurs through your account. If any unauthorized access to or use of your user name or password or any other breach of security occurs, you must notify us immediately. You
should use particular caution when accessing your account from a public or shared computer so that
others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or other identifier, whether chosen by you or
provided by us, block access to our Website, or refuse service to you at any time at our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
Trademarks, Copyrights and Patents
All trademarks, logos, and service marks displayed on the Website, are registered and unregistered
trademarks of Company, its affiliates, licensors, content providers or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. You may not use such marks without the prior written permission of the Company, or the owner of the marks. We reserve all rights not expressly granted in and to the Website and its content. This Website and all of its content,
including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof (collectively, "Content"), is owned by Company and its licensors, and protected by international copyright laws. All products displayed on our Website are protected by copyright and/or patents owned by Company and its licensors.
Limited License
Company grants you a limited license to access and make personal use of the Website and Content for your personal, non-commercial use and only to the extent that such use does not violate these Terms of
Use. Any downloading or copying of the Content herein is permitted for such personal, non-commercial
use only, provided you do not modify or alter the Content in any way. No right title, or interest in any
Content is transferred to you upon copying or downloading, and Content may not be transferred,
reproduced, retransmitted or otherwise distributed or displayed, in whole or part. You may not use any trademarks, logos, service marks, or Content on this Website for commercial use without obtaining prior written authorization from the owner. If you wish to make any use of material on the Website other than as expressly permitted in this section, please send your request by contacting us.
Prohibited Uses
You agree not to use the Website:
- In any way that violates any applicable federal, state, local or international law or regulation
(including, without limitation, any laws regarding the export of data or software. - To transmit, or procure the sending of, any advertising or promotional material, without our prior written consent, including any "junk mail," "chain letter," "spam" or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity, including, without limitation, by using e‐mail addresses or screen
names associated with any of the foregoing. - To harvest or collect information about other users of the Website.
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the
Website, or which, as determined by us, may harm the Company or users of the Website or
expose them to liability. - To make any use of data extraction, scraping, mining, or other data gathering tools, or create a database by systematically downloading or storing Site content, or otherwise scrape, collect, store, or use any Content, product listings, descriptions, prices, or images, except pursuant to the
limited license granted by these Terms of Use.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or
interfere with any other party's use of the Website, including their ability to engage in real time
activities through the Website. - Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website or for any
unauthorized purpose without the Company's prior written consent. - Use any meta tags or any other hidden text utilizing Company's name or marks.
- Use a buying agent to conduct transactions on the Website.
- Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the
Website, the server on which the Website is stored, or any server, computer or database
connected to the Website. - Attack the Website via a denial‐of‐service attack or a distributed denial‐of‐service attack.
- Otherwise attempt to interfere with the proper working of the Website.
User Contributions
The Website may contain product reviews, discussion forums, and other types of user generated content, or other areas or services where you or third parties may create, post, or store any content, messages, or other material on the Website (collectively "User Contributions"). Company neither endorses nor is responsible for any opinion, advice, information, or statements made by third parties. Company will not be liable for any loss or damage caused by your reliance on User Contributions.
Any User Contributions you post to the Website will be considered non‐confidential and non‐proprietary. By posting User Contributions on the Website, you grant Company and its affiliates, service providers, licensees, successors and assigns a non‐exclusive, sub‐licensable, fully paid‐up, perpetual, irrevocable, royalty‐free, transferable right and the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose. You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, in our sole discretion: (i) monitor User Contributions; (ii) alter, remove, or refuse to post or allow to be posted any User Contributions; (iii) disclose any User Contributions, and the circumstances surrounding
its transmission, to any third party; and (iv) take appropriate legal action, including without limitation,
referral to law enforcement, for any illegal or unauthorized use of the Website. You agree to indemnify,
defend and hold harmless the company and its affiliates, service providers, licensees, successors and assigns from any claims resulting form your use or misuse of the website.
You represent and warrant that:
- You own or control all rights in and to your User Contributions and have the right to grant the license set forth above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
- All of your User Contributions do and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any User Contributions you submit or
contribute, and you, not the Company, have full responsibility for your User Contributions, including
their legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third
party, for the content or accuracy of any User Contributions posted by you or any other user of the
Website.
Content Standards
These content standards apply to any and all User Contributions. User Contributions must in their entirety
comply with all applicable federal, state/provincial, local and international laws and regulations and these
Terms of Use. Without limiting the foregoing, User Contributions must not:
- Contain any material which is inaccurate, deceptive, misleading, defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race,
sex, religion, nationality, disability, sexual orientation or age. - Infringe any patent, trademark, trade secret, copyright or other intellectual property or other right
of any other person. - Violate the legal rights (including the rights of publicity and privacy) of others or contain any
material that could give rise to any civil or criminal liability under applicable laws or regulations
or that otherwise may be in conflict with these Terms of Use or our Privacy Policy. - Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Impersonate any person, or misrepresent your identity or affiliation with any person or
organization. - Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, bartering or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if
this is not the case.
Information About You and Your Visits to the Website
All information we collect on this Website is subject to our Privacy Policy. By using the Website, you
consent to all actions taken by us with respect to your information as set forth in our PRIVACY POLICY.
Online Purchases
If you wish to purchase any goods or services made available through the Website (each such purchase, a
"Transaction"), you may be asked to supply certain information relevant to your Transaction 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 you have the legal right to use any credit
card(s) or other payment method(s) Utilized in connection with any transaction. By submitting such
information, you grant to Company the right to provide such information to third parties for purposes of
facilitating the completion of any Transaction initiated by you or on your behalf. Verification of
information may be required prior to the acknowledgment or completion of any Transaction.
All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Website are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Website does not guarantee that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state/provincial, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Website. By placing an order, you represent that the products ordered will be used only in a lawful manner. Company reserves the right, with or without prior notice, to: (i) limit the available quantity of or discontinue any goods or services; (ii) impose conditions on the honouring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and/or (iv) refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Website, at the price(s) in effect when such charges are incurred including,
without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes,
levies, duties and customs that may be applicable to your Transactions.
Company or our agents may contact you regarding your account or your Transactions, as set forth in our PRIVACY POLICY and applicable Additional Terms. You agree that we may contact you and agree that
we may, for training purposes or to evaluate the quality of our service, listen to and record phone
conversations you have with us.
Product Images
We have attempted to accurately depict the colours and details of the products offered on this Website.
However, because the colour and product details you see is dependent on your computer monitor, we cannot guarantee that the colour and details that you see will be accurate. The products also may appear larger or smaller than their actual size depending on your monitor. Some photographs have been enlarged to show detail.
Pricing, Availability, and Accuracy
Company's acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. Company makes a conscientious effort to describe and display its products and services
accurately on the Website. Despite these efforts, a small number of items on the Website may be
mispriced, described inaccurately, or unavailable, and we may experience delays in updating information
on the Website and in our advertising through other media. As a result, we cannot and do not guarantee
the accuracy or completeness of any information, including prices, product images, specifications,
availability, and services. Company reserves the right to change or update information and to correct
errors, inaccuracies, or omissions at any time without prior notice. We apologize for any inconvenience.
Returns
If you are not fully satisfied with your purchase, you may return it in accordance with our RETURNS POLICY, incorporated herein by reference.
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage
our 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 on our part without our express written consent.
This Website may provide certain social media features that enable you to:
- Link from your own or certain third‐party websites to certain content on this Website.
Send e‐mails or other communications with certain content, or links to certain content, on this
Website. - Cause limited portions of content on this Website to be displayed or appear to be displayed on
your own or certain third‐party websites. - Subject to the foregoing, you must not:
o Establish a link from any website that is not owned by you.
o Cause the Website or portions of it to be displayed, or appear to be displayed by, for
example, framing, deep linking or in‐line linking, on any other site.
o Link to any part of the Website other than the homepage.
o Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.
The website from which you are linking, or on which you make certain content accessible, must comply
in all respects with the Content Standards set out in these Terms of Use. You agree to cooperate with us in
causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw
linking permission without notice. We may disable all or any social media features and any links at any
time without notice in our discretion.
Links from the Website
The Website may contain links to other sites and resources provided by third parties, which are provided
for your convenience only. This includes links contained in advertisements, such as banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of those sites or
resources. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and your use is subject to the privacy policies and terms and conditions of use that govern such websites.
Geographic Restrictions
The Company is based in the province of Ontario, Canada. We provide this Website for use only by
persons located in Canada. We make no claims that the Website or any of its content is accessible or
appropriate outside of Canada. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside Canada, you do so on your own initiative, at your sole
risk, and you are responsible for compliance with all applicable laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from
the internet or the Website will be free of viruses or other destructive code. You are responsible for
implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti‐virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a DDOS (Distributed Denial of Service Attack), Viruses or other technologically harmful material that may infect your computer equipment, computer programs data or other proprietary material due to your use of the website or any services or items obtained through the website or to your downloading of any material
posted on it, or any website linked to it.
Your use of the website, its content and any services or items obtained through the website is at your own
risk. The website, its content and any services or items obtained through the website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither the company nor any person associated with the company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the website. Without limiting the foregoing, neither the Company nor anyone associated with the company represents or warrants that
the website, its content or any services or items obtained through the website will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components or that the website or any services or items obtained through the website will otherwise meet your needs or expectations. The Company hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non‐infringement and fitness for particular purpose. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
Limitation of Liabilities
In no event will the company, its affiliates or their licensors, service providers, employees, agents,
officers or directors be liable for damages of any kind, under any legal theory, arising out of or in
connection with your use, or inability to use, the website, any websites linked to it, any content on the
website or such other websites or any services or items obtained through the website or such other
websites, including any direct, indirect, special, incidental, consequential or punitive damages, including
but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits,
loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by
tort (including negligence), breach of contract or otherwise, even if foreseeable. The foregoing does not
affect any liability which cannot be excluded or limited under applicable law.
Indemnification
You agree to indemnify, defend and hold harmless the Company, its affiliates, licensors and service
providers, and its and their respective officers, directors, employees, contractors, agents, licensors,
suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards,
losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your
violation of these Terms of Use or your use of the Website, including, but not limited to, your User
Contributions, any use of the Website's content, services and products other than as expressly authorized
in these Terms of Use or your use of any information obtained from the Website.
Indemnification
The Website may contain information, news and/or press releases about the Company and its affiliates. While we strive to ensure that information contained on our website is current, accurate and reliable as of the date it was prepared, we disclaim any duty or obligation to update this information, news or press
releases. Information about companies other than us contained in the news, press releases or otherwise, should not be relied upon as being provided or endorsed by Company or its affiliates.
Waiver
Any waiver by either you or the Company of any provision or condition of the Terms of Use shall not be construed or deemed to be a waiver of any other provision or condition of the Terms of Use, nor a waiver of a subsequent breach of the same provision or condition, unless such is expressed in writing and signed by the party to be bound.
Governing Law and Jurisdiction
Any dispute or claim relating in any way to these Terms of Use or previous versions of these Terms of Use, your use of the Website, or any products or services sold or distributed by Company or through the Website, shall be governed by and construed in accordance the laws of the province of Ontario, Canada without regard to the principles of conflicts of law.
Any legal suit, action or proceeding arising out of or related to these Terms of Use or previous versions of these Terms of Use, your use of the Website, or any products or services sold or distributed by Company or through the Website, shall be instituted exclusively in the federal or provincial courts located in York Region, Ontario Canada to the exercise of jurisdiction over you by such courts and to venue in such
courts.
Severability
If any portion of these Terms of Use is unlawful, void or unenforceable, the remaining provisions will
remain in place.
Entire Agreement
The Terms of Use, Privacy Policy, Return Policy, and all Additional Terms, constitute the entire
agreement between you and the Company with respect to the Website and supersede all prior and
contemporaneous negotiations, agreements, proposals and understandings both written and oral, with respect to the Website.
Entire Agreement
If you have any questions or comments about these Terms of Use or this Website, please CONTACT US.