Terms of Use
1. Introduction
a. Welcome to the website for Gambit Growing Solutions Inc. (“Gambit”). These terms of service ("Terms") are a legal agreement between you and Gambit, governing your use of our website and any services we offer. By accessing or using our website, you agree to be bound by these Terms, which constitute a binding contract between you and us. If you do not agree to these Terms, please do not use our website.
b. Please read these Terms carefully before using our website, as they affect your legal rights and obligations. We reserve the right to modify these Terms at any time, and your continued use of our website after any changes to the Terms constitutes your acceptance of the updated Terms.
2. User Conduct
a. You agree to use our website in accordance with these Terms and all applicable laws and regulations. You further agree that you will not use our website for any unlawful purpose or in any manner that could damage, disable, overburden, or impair the website or interfere with any other party's use and enjoyment of the website.
b. We reserve the right, in our sole discretion, to terminate or suspend your access to our website for any reason, including without limitation if we believe that you have violated or acted inconsistently with these Terms or any applicable law or regulation.
3. Modifications
a. We reserve the right to modify, suspend, or discontinue our website or any portion of it at any time without prior notice to you. We may also add new features or services to our website or modify or remove existing features or services at any time without prior notice. We make no guarantee that our website or any portion of it will be available at all times, and we will not be liable to you or any third party for any modification, suspension, or discontinuance of our website.
b. We reserve the right to modify the information or prices displayed on our website at any time without prior notice to you. We make no guarantee that the information or prices displayed on our website will be accurate or up to date at all times, and we will not be liable to you or any third party for any errors or inaccuracies in the information or prices displayed on our website.
c. By using our website, you agree that we will not be liable to you or any third party for any modification, suspension, or discontinuance of our website or any portion of it, or for any modification of the information or prices displayed on our website.
4. Products and Services
a. We offer a variety of products and services through our website. We make every effort to ensure that the information and descriptions of our products and services on our website are accurate, complete, and up to date. However, we do not guarantee the accuracy, completeness, or timeliness of any product or service information on our website, and we are not responsible for any errors or omissions in the product or service descriptions.
b. We reserve the right to change or update product or service descriptions at any time without prior notice. We also reserve the right to limit the availability of any product or service to any person, geographic region, or jurisdiction, and to limit the quantities of any products or services that we offer.
c. All products and services offered on our website are subject to availability, and we reserve the right to modify, suspend, or discontinue the sale of any product or service at any time without prior notice. We also reserve the right to refuse any order you place with us, and we may limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing or shipping address.
d. By purchasing any product or service from us, you agree to abide by any additional terms and conditions that may apply to that product or service. Such terms and conditions may include warranty information, return policies, or other restrictions on the use or sale of the product or service.
5. Accounts
a. We may require you to create an account to access certain features or services on our website. You agree to provide accurate and complete information when creating an account and to update your account information promptly if there are any changes.
b. You are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or password. You agree to notify us immediately of any unauthorized use of your account or password or any other breach of security.
c. We make every effort to ensure that the billing and account information you provide to us is accurate, complete, and up to date. However, we do not guarantee the accuracy, completeness, or timeliness of any billing or account information on our website, and we are not responsible for any errors or omissions in the billing or account information.
d. By using our website, you agree that we will not be liable to you or any third party for any inaccuracies in the billing or account information you provide to us or for any unauthorized use of your account or password. You also agree to indemnify us and hold us harmless for any damages, losses, or expenses resulting from any inaccurate, incomplete, or outdated billing or account information you provide to us or from any unauthorized use of your account or password.
e. We reserve the right to suspend or terminate your account or access to our website at any time for any reason, including without limitation if we believe that you have violated or acted inconsistently with these Terms or any applicable law or regulation.
6. Tools and Links
a. Our website may contain links to third-party websites or tools that are not owned or controlled by us. We are not responsible for the content, privacy policies, or practices of any third-party websites or tools that we link to from our website.
b. We may also provide access to third-party tools or services through our website, including payment processors or social media integrations. Your use of any such third-party tools or services is subject to their respective terms and conditions and privacy policies, and we are not responsible for any damages or losses resulting from your use of such third-party tools or services.
c. By using our website, you agree to indemnify us and hold us harmless for any damages, losses, or expenses resulting from your use of any third-party websites or tools or from any claims or demands arising from your use of such websites or tools.
d. We reserve the right to remove any links or third-party tools or services from our website at any time for any reason without prior notice to you.
7. Price and Payment
a. The prices for our products and services are listed on our website and are subject to change at any time without prior notice. We make every effort to ensure that the prices on our website are accurate, but we do not guarantee the accuracy of such prices.
b. We reserve the right to refuse any order you place with us, and we may limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email, billing address, or phone number provided at the time the order was made.
c. All prices on our website are listed in the currency specified on the website. You are responsible for paying all applicable taxes, fees, and other charges associated with your order, including any shipping and handling fees. Payment must be made by a valid credit card or other payment method accepted by us.
d. We use third-party payment processors to process payments made through our website. We are not responsible for any errors or delays in payment processing or for any unauthorized use of your credit card or other payment method.
e. By making a purchase on our website, you agree to pay the price listed on our website and to comply with any additional terms and conditions that may apply to your purchase. Such terms and conditions may include warranty information, return policies, or other restrictions on the use or sale of the product or service.
f. We reserve the right to modify, suspend, or discontinue the sale of any product or service at any time without prior notice. If we make changes to our pricing or payment terms, we will update the information on our website accordingly.
8. Intellectual Property
a. All content and materials on our website, including but not limited to text, graphics, logos, images, videos, software, and other intellectual property, are owned by us or our licensors and are protected by intellectual property laws.
b. You may not copy, reproduce, distribute, publish, display, perform, modify, create derivative works, transmit, or exploit any content or materials on our website without our prior written consent or the consent of the respective owner of the intellectual property.
c. By submitting content or materials to us, including but not limited to comments, reviews, feedback, or suggestions, you grant us a non-exclusive, worldwide, royalty-free, perpetual, and irrevocable right to use, reproduce, modify, adapt, publish, translate, create derivative works, distribute, perform, and display such content or materials in any media or medium now known or later developed.
d. You represent and warrant that you have all necessary rights to submit such content or materials to us and that such content or materials do not infringe upon the intellectual property rights of any third party.
e. We reserve the right to remove any content or materials that infringe upon the intellectual property rights of others or that we deem inappropriate, offensive, or illegal, in our sole discretion.
f. If you believe that your intellectual property rights have been violated on our website, please contact us immediately and provide all necessary information to enable us to investigate and remedy the alleged infringement.
9. Errors
a. We make every effort to ensure that the information on our website is accurate and up to date. However, errors, inaccuracies, or omissions may occur, and we do not guarantee the accuracy or completeness of the information on our website.
b. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on our website at any time without prior notice. If you have placed an order based on incorrect or inaccurate information on our website, we reserve the right to cancel your order and issue a refund.
c. We apologize for any inconvenience caused by errors, inaccuracies, or omissions on our website. If you notice any such errors, inaccuracies, or omissions, please contact us immediately and provide us with as much detail as possible to enable us to correct the issue as quickly as possible.
10. Force Majeure
a. We will not be liable for any delay or failure to perform any obligation under these Terms if the delay or failure is due to events beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, strikes, lockouts, fire, flood, earthquake, or other natural disasters ("Force Majeure Event").
b. If a Force Majeure Event occurs, we will use reasonable efforts to minimize the impact of the event on our operations and to fulfill our obligations as soon as reasonably practicable after the event has ended. We may, at our sole discretion, extend the time for performance of our obligations under these Terms of Service for the duration of the Force Majeure Event.
11. Prohibited Uses
a. You may not use our website for any unlawful or prohibited purpose. You agree not to engage in any activity that would violate any laws, regulations, or rights of others, or that would interfere with the use or enjoyment of our website by others.
b. In particular, you may not:
i. Use our website in any way that could damage, disable, overburden, or impair our website or our systems, or interfere with any other party's use and enjoyment of our website;
ii. Attempt to gain unauthorized access to our website, user accounts, or computer systems, or to collect or harvest personal information of other users of our website;
iii. Use our website to transmit any content or material that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, or that infringes upon the intellectual property rights of others;
iv. Use our website to transmit any unsolicited or unauthorized advertising, promotional materials, or spam;
v. Use our website to transmit any computer viruses, worms, or other harmful software or code;
vi. Use any automated means, such as robots, spiders, or data mining tools, to access our website or collect any information from our website;
vii. Impersonate any person or entity or falsely represent your affiliation with any person or entity;
viii. Use our website to conduct any fraudulent activity or to violate any applicable laws or regulations.
ix. We reserve the right to investigate and take any legal action we deem necessary against any user who violates this section, including without limitation, reporting the user to the appropriate law enforcement authorities.
x. We also reserve the right to terminate or suspend any user's access to our website or services, without prior notice or liability, for any reason, including without limitation, for any violation of this section.
12. Disclaimer of Warranties
a. Our website and services are provided "as is" and "as available," without any warranty or condition, express, implied, or statutory. We do not make any warranties, representations, or guarantees of any kind, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
b. We do not warrant that our website or services will be error-free, uninterrupted, secure, or free from viruses or other harmful components. We do not warrant that any information or content on our website is accurate, complete, reliable, or up-to-date.
c. You acknowledge and agree that your use of our website and services is at your own risk, and that you will be solely responsible for any damage to your computer system or loss of data that results from your use of our website or services.
d. We do not guarantee that any products or services advertised on our website will be available or will meet your expectations. We are not responsible for any loss or damage that may arise from your reliance on any products or services advertised on our website.
e. To the maximum extent permitted by applicable law, we disclaim all liability for any loss or damage arising out of or in connection with your use of our website or services, whether direct, indirect, incidental, consequential, or punitive, and whether based on contract, tort, strict liability, or any other legal theory.
f. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages, so the above disclaimers and limitations may not apply to you to the extent prohibited by law.
13. Limitation of Liability
a. To the maximum extent permitted by applicable law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or use, arising out of or in connection with your use of our website or services, even if caused by negligence.
b. Our total liability to you for any claims arising out of or in connection with your use of our website or services shall be limited to the amount you paid, if any, to us for access to our website or services during the six months prior to the date of the claim.
c. Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations may not apply to you to the extent prohibited by law.
14. Indemnification
a. You agree to defend, indemnify, and hold us and our affiliates, officers, directors, employees, agents, and licensors harmless from any claims, liabilities, damages, losses, or expenses, including without limitation, attorneys' fees and costs, arising out of or in connection with your use of our website or services, or your breach of these Terms of Service.
b. This indemnification clause shall survive the termination of these Terms of Service and your use of our website or services.
15. Termination
a. We may terminate your access to our website or services, without cause or notice, which may result in the forfeiture and destruction of all information associated with your account. All provisions of these Terms of Service that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
b. We may also terminate or suspend your account and access to our website or services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms of Service.
c. If you wish to terminate your account, please contact us at contact@gambitgrowing.com.
d. This termination clause is without prejudice to any other rights or remedies that we may have, whether at law or in equity, in the event of your breach of these Terms of Service.
16. Severability
a. If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provision shall be deleted without affecting the remaining provisions herein.
17. Entire Agreement
a. These Terms, together with any additional policies or agreements that we may provide to you, constitute the entire agreement between you and us regarding the use of our website or services, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and us.
18. Governing Law
a. These Terms and any disputes arising from or relating to the use of this website shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada.
b. Any legal action or proceeding arising from or related to the use of this website shall be brought exclusively in a court of competent jurisdiction in the Province of British Columbia, and you hereby consent to the exclusive jurisdiction and venue of such court.
19. Privacy
a. We are committed to protecting your privacy and personal information. This privacy policy outlines the types of personal information we collect, how we use it, and the steps we take to protect your information.
b. Collection and Use of Personal Information
i. We may collect personal information from you when you use our website or services, such as your name, email address, and billing information. We will only use this information for the purpose for which it was collected, such as to provide our services to you or to send you marketing materials. We will only collect the minimum amount of personal information necessary for these purposes.
c. Consent to Collect and Use Personal Information
i. We will obtain your consent before collecting, using, or disclosing your personal information, unless such collection, use, or disclosure is required or authorized by law. Your consent may be express or implied, and may be withdrawn at any time by contacting us at contact@gambitgrowing.com. If you choose to withdraw your consent, we may not be able to provide our services to you.
d. Disclosure of Personal Information
i. We may disclose your personal information to third-party service providers who perform services on our behalf, such as payment processing or customer support. We will ensure that any third-party service providers that we use are reputable and will only disclose your personal information to them to the extent necessary for them to perform their services.
ii. We may also disclose your personal information if required by law or if we believe that such disclosure is necessary to protect our rights or to comply with a judicial proceeding, court order, or legal process.
e. Security of Personal Information
i. We take reasonable steps to protect your personal information from unauthorized access, use, or disclosure. We use industry-standard security measures to protect your personal information, such as encryption and secure servers.
f. Access to Personal Information
i. You have the right to access, correct, or delete your personal information that we have collected. You may contact us at contact@gambitgrowing.com to make such a request.
g. Retention of Personal Information
i. We will only retain your personal information for as long as necessary for the purposes for which it was collected, or as required by law.
h. Changes to Privacy Policy
i. We reserve the right to modify this privacy policy at any time. We will post the updated policy on our website and will notify you of any material changes by email.
ii. If you have any questions or concerns about our privacy policy, please contact us at contact@gambitgrowing.com