Terms and Conditions

A RAPTOR TALE 

TERMS AND CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR USE OF “A RAPTOR TALE” WEB SITE AND YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.  


Website Terms of Use

These terms and conditions apply to the web site located at https://araptortale.ca/ (the “Site”). By accessing and using this Site, you agree to be bound by these terms and conditions. These terms and conditions may change from time to time without prior notice to you, and you agree to be bound by the terms and conditions which are in effect each time you access this Site and/or the content. If you do not agree with these terms and conditions, do not access or use the Site.


Site Content Ownership and Restrictions

The Site and all intellectual property rights in the Site are owned and operated by GoDaddy Domains Canada, Inc. or its affiliates (“GoDaddy, “we” or “us”) or other partners who have permitted us to display content owned by them. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any part of the Site or its content thereof. All content is protected by law, including, but not limited to, Canadian copyright law and international treaties, trademarks, trade dress and/or other proprietary rights. The content found on this Site is for information purposes only, and should not be relied upon as accurate, timely or fit for any particular purpose. 


Links to Third Party Web Sites

We do not endorse or guarantee the accuracy of content, information or materials contained in any third party’s web site whose link appears in the Site. These links are provided for convenience only, and you access the links at your own risk and by accessing them you leave our Site and our terms and policies no longer govern. GoDaddy is not liable for such third party web sites or their contents nor does GoDaddy have any control or power over such third party web sites.


Privacy

Please review our practices set-out in our Privacy Policy, the terms of which are incorporated herein by reference, which also governs your use of this Site. Any personal information you submit to us in connection with your use of this Site will be used in accordance with our Privacy Policy.


Purchases from the Site

To be able to buy Products from the Site you must provide a delivery address in Canada. Certain addresses will be ineligible for Product purchases and deliveries including PO Box addresses and freight forwarders. You will be required to provide your name and address, phone number, email address, payment details and other required information. You are required to be the holder of a valid credit card or have a valid PayPal account. You must be at least 18 years of age to purchase Product from the Site. You may not misrepresent your identity as a user. When placing your order please ensure that the Products you purchase are compatible for the intended use. Please use the information provided in the Site as reference when checking compatibility, however, we make no representation or warranty as to the appropriateness or compatibility of any Product with any particular use. While GoDaddy takes great care to ensure its advertising is accurate, errors or inaccuracies may occur. GoDaddy reserves the right to correct errors or inaccuracies and change or update information on the Site at any time without notice, including in respect of prices, product descriptions, promotions and availability of items. To the extent permitted by applicable law, GoDaddy also reserves the right to cancel or reject orders based on incorrect pricing or availability information.


Price

By clicking on the icon confirming your purchase at the end of the check out process, you agree to pay GoDaddy the amount shown, subject to adjustment as described herein (the “Purchase Price”). The Product Purchase Price is quoted in Canadian dollars plus additional shipping and an estimate of all applicable taxes. Your selected method of payment will be charged for purchase price plus shipping charges and applicable taxes in Canadian dollars. In the event that a Product is listed at an incorrect price due to an error in pricing, GoDaddy has the right, in our sole discretion, to reject or cancel any orders placed for that Product and will notify you of such cancellation. Note that Products in your Shopping Cart reflect the current price displayed on the Product’s details page. Please note that this price may differ from the price displayed when the Product was first placed in your Shopping Cart.


Acceptance, Rejection or Cancellation of Orders

You agree that your submission of an order on the Site is an offer to buy the Products listed in your order under these Terms and Conditions. All orders must be accepted by GoDaddy. We may choose not to accept any orders including those that GoDaddy suspects are not placed in good faith or contravene applicable law. Once your order is received and we accept your order, we will send you an order confirmation via email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between you and us will not take place unless and until you have received an order confirmation email from us. We reserve the right, in our sole discretion, to cancel any order prior to shipping and whether before or after acceptance of your order. Upon such a cancellation we will send a cancellation notice to the email provided by you. If cancelled, we will have no obligation to fulfill your order and you will have no obligation to pay us for the order. Upon shipping of the Product, you will be charged the amount set out in your order confirmation email. We will not ship the Product to you until your card issuer has authorized the use of your card for payment of the ordered Products. As your order confirmation email is your proof of purchase, you should save and print that document for your potential future use. We retain full legal title to Products until we have received all amounts due on the ordered Products. You are fully responsible for providing GoDaddy with an accurate delivery address. If we are unable to deliver the Product ordered after our delivery service has notified you that we have tried to deliver the ordered items to you, or if you have provided us with an incorrect delivery address which results in an unsuccessful delivery, the delivery package may or may not be returned to us. No refunds will be issued for unsuccessful delivery. 


Availability and Description of Products

GoDaddy does not guarantee the availability of any Product in the Online Store. We reserve the right, without liability or earlier notice, to change, discontinue or stop making any Product whether before or after acceptance of any order. Note that in certain cases some Products may be unavailable even if the Site indicates that they are in-stock and adding a Product to your cart does not guarantee the availability of that Product. GoDaddy may change prices listed on the Site at any time without notice. Price increases will apply to orders placed after such changes. Prices for the Products listed on the Site do not include any applicable taxes, shipping and handling fees. During the check-out process, applicable charges, taxes, shipping fees will be added to the amount to be charged to you. 


Limited Quantities and No Sales to Resellers

GoDaddy reserves the right, at its sole discretion, to limit the quantity of Products purchased on any basis it may determine, from time to time, which may include per person, per household, per credit card or per order. These restrictions may be applicable to orders placed by the same credit card, and also to orders that use the same billing and/or shipping address. We will attempt to notify you of such cancellation or rejection should such limits be applied. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors or for any reselling. The Site is for purchases by Canadian-based end users of our Products and not for sale to dealers, resellers or distributors or for commercial purposes. For purposes of these Terms and Conditions, reselling is defined as purchasing or intending to purchase any Product(s) from the GoDaddy Site for the purpose of engaging in a commercial sale of that same Product(s) to a third party or for subsequent sale and shipment outside of Canada or the United States.


Return Policy

All sales are final. We do not accept returns or refunds. 


Fees and Payments 

You agree to pay all amounts due for the Product(s) at the time you order them.  All amounts are non-refundable. 

If for any reason GoDaddy is unable to charge your payment method for the full amount owed, or if GoDaddy receives notification of a chargeback, reversal, payment dispute, or is charged a penalty for any fee it previously charged to your payment method, you agree that GoDaddy may pursue all available lawful remedies in order to obtain payment, including but not limited to, immediate cancellation, without notice to you. 

GoDaddy also reserves the right to charge you reasonable “administrative” fees" for recouping any and all costs and fees incurred by GoDaddy as the results of chargebacks or other payment disputes brought by you, your bank or payment method processor. 

The transaction will be processed in Canada, in the selected currency and the pricing displayed during the checkout process will be the actual amount submitted for payment.  For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charge, which may be added to the final amount that appears on your bank statement or post as a separate amount. Please check with the issuer of your Payment Method for details. In addition, regardless of the selected currency, you acknowledge and agree that you may be charged Value Added Tax ("VAT"), Goods and Services Tax ("GST"), or other localized fees and/or taxes, based on your bank and/or the country indicated in your billing address section.


DISCLAIMER AND LIMITATION OF LIABILITY

THE SITE AND THE CONTENT ARE FOR GENERAL INFORMATION ONLY AND ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. USE OF THE SITE OR THE CONTENT IS AT YOUR OWN RISK. WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ABOUT THE QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, OR TIMELINESS OF THE SITE OR THE CONTENT AND DO NOT ASSUME ANY RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES IN THE SITE OR THE CONTENT. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT GODADDY DOES NOT REPRESENT OR WARRANT THAT THIS SITE WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT THIS SITE OR THE SERVER THAT MAKES THIS SITE AVAILABLE ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS OR OMISSIONS OR FROM VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE SITE AND THE CONTENT WHETHER EXPRESS, IMPLIED OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR THAT THE SITE OR THE CONTENT ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. IN NO EVENT WILL WE BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY WHATSOEVER, FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES, LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES), WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OF, OR THE INABILITY TO MAKE USE OF, THE SITE OR THE CONTENT. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY CONTENT ON THE SITE, OR WITH ANY OF GODADDY’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Certain laws do not allow limitations on implied warranties or conditions, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.


Indemnity

You agree to forthwith defend, fully indemnify and hold GoDaddy, including its affiliates, subsidiaries, and their respective officers, directors, agents and employees, completely harmless from and against any and all loss, actions, claims, damages, costs and expenses, including reasonable legal fees and disbursements on a full indemnity basis, arising from or related to your use of the Site. This provision shall survive the termination of this Agreement and remain in full force and effect.


General

This Terms and Conditions, together with the Privacy Policy referenced herein (the “Agreement”), represents the complete agreement between you and us in relation to the matters covered by this Agreement and supersedes all prior agreements and representations between you and us. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure by GoDaddy to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit our rights with respect to such breach or any subsequent breaches. We may assign our rights and obligations under this Agreement to any party at any time without notice to you. This Agreement shall be governed by and construed in accordance with the laws of the British Columbia. Any action or proceeding arising out of or related to this Agreement or your use of this Site must be brought in the courts of the British Columbia and you hereby irrevocably attorn to the jurisdiction of the courts in British Columbia for all such purposes.