Terms and Conditions

TERMS AND CONDITIONS OF USE
FROM: Brixco.ca

Last updated: November 3, 2022,

PLEASE READ THESE TERMS AND CONDITIONS BEFORE USING THE SITE

The following terms and conditions govern and apply to your use of or reliance on the site maintained by Sucrerie Brix Co. Inc. (the “Site”).

By accessing or browsing the Site, you represent that you have read and understood the Terms of Use and agree to be bound by them. Please note that we may change the terms of use at any time without notice. Your continued use of the Site will be deemed your acceptance of the revised Terms and Conditions.

  1. INTELLECTUAL PROPERTY

All intellectual property on the Site is owned by us or our licensors and includes any copyrighted material, trademarks or patents. All trademarks are owned, registered and/or licensed by us. All content on the site including, but not limited to, text, software, code, design, graphics, photos, sounds, music, videos, applications, interactive features and other content is a collective work under Canadian or other copyright law and is the property of Brix Sugar Co. Inc.

All rights reserved.

 

  1. USE OF COMPANY CONTENT

We may provide you with certain information as a result of your use of the Site, including, but not limited to, materials, data or information developed by us, or any other items that may assist you in using the Site or Services (the “Company Content”). The Company’s Content may not be used for any purpose other than the use of the site and the services offered on the site. Nothing herein shall be construed as conferring any license or intellectual property rights upon you.

 

  1. PAYMENT

When you make a purchase on the site, you agree to provide a valid payment instrument. Pay attention to the transaction details as the total price may include taxes, fees and shipping costs for which you are responsible.

When you provide us with a payment instrument, you represent that you have permission to use that payment instrument. When you make a payment, you authorize us and the payment service we use to charge the full amount to the payment instrument you have designated for the transaction. You also authorize us to collect and record this payment instrument and any other information related to the transaction.

If you pay by debit or credit card, we may obtain a pre-authorization from the card issuer for an amount up to the total amount of the transaction. If you choose to cancel a transaction before it is completed, the funds used for the pre-authorization may not be immediately available in your account.

We reserve the right to cancel any transaction if we believe that the transaction violates these terms and conditions or if we believe that by doing so we can prevent a financial loss.

In order to prevent financial loss, we may contact the issuer of your payment instrument, law enforcement authorities or any affected third party (including other users) and may share the details of any payment with which you are associated if we believe that such action would prevent financial loss or a violation of the law.

Payment for any ongoing service will be billed automatically until you notify us that you wish to terminate the services.

 

  1. SALE OF PRODUCTS AND/OR SERVICES

We may sell goods or services. We are committed to being as accurate as possible with respect to all information about goods and services, including product descriptions and product images. However, we do not guarantee the accuracy or reliability of any information relating to a product and you acknowledge and agree that the purchase of such products is at your own risk.

 

  1. SHIPPING, DELIVERY AND RETURN POLICY

You agree to provide payment for all items you may purchase on the Site, and you acknowledge and agree that prices are subject to change. When you purchase a physical product, you agree to provide us with a valid email address, a valid shipping address and valid billing information. We reserve the right to refuse or cancel any order for any reason, including an error or omission in the data you provide. If the payment has already been processed, we will refund the purchase price. We may require additional information from you before confirming the sale and we reserve the right to place any additional restrictions on the sale of our products. For the sale of physical goods, we may pre-authorize your debit or credit card at the time you place the order, or we may charge your card at the time the order is shipped. You agree to monitor your payment instrument. Shipping and delivery costs and scheduled delivery dates may change due to unforeseen circumstances.

For any questions or disputes, you agree to contact us in a timely manner at the following email address

info@brixco.ca

If you are not satisfied with an item you purchased on our site, you can proceed as follows:

You must send an email to info@brixco.ca to inform us of your situation.

 

  1. ACCEPTABLE USE OF THE SITE

You agree not to use the Site for any unlawful purpose or any other purpose prohibited under this clause. Vous acceptez de ne pas utiliser le site de quelconque façon qui pourrait nuire au site, aux services ou à l’activité commerciale de Sucrerie Brix Co. Inc.

You also agree not to use the Site for the following purposes:

    1. (a) harass, abuse, threaten or otherwise violate the rights of any person;
    2. (b) violate the intellectual property of Brix Sugar Co. Inc. or any other third party;
    3. c) download or transmit computer viruses or any other software that could damage the property of Sucrerie Brix Co. Inc. or others;
    4. (d) commit fraud;
    5. (e) create or participate in any unlawful gambling activity, lottery or pyramid scheme;
    6. f) publish or distribute obscene or defamatory material;
    7. g) publish or distribute any material that incites violence, hatred, or discrimination against any group; and/or
    8. (h) unlawfully collect information about others.

 

  1. PROTECTION OF PRIVACY

When using our site, you may provide us with certain information. By using the site, you authorize us to use your information in Canada and in any country in which we may operate.

We may receive information from external applications that you use to access our site or we may receive information about you through various web technologies such as cookies, logs, web beacons (also known as “clear gifs”), tags and the like.

We use the information we collect from you to ensure a good experience on the site. We may also track certain passive information received to improve our marketing and analytics, and to do so, we may work with third-party vendors, including other marketers.

If you wish to block our access to any passive information we receive from the use of various technologies, you may choose to disable cookies in your web browser.

 

  1. REVERSE ENGINEERING AND SECURITY

You may not take any of the following actions:

      • a) reverse engineer or disassemble any code or software on or from this Site;
      • (b) violate or attempt to violate the security of the Site by any unauthorized access, circumvention of encryption or any other security tool, data mining or interference with any host, user or network.

 

  1. INDEMNIFICATION

You agree to defend, indemnify and hold harmless Brix Sugar Co. Inc. and its affiliates from any claim, suit or demand, including attorneys’ fees, arising out of or relating to your use or misuse of the Site, your violation of this Agreement or your conduct and actions. If we choose to do so, we will choose our lawyer and participate in our own defense.

 

  1. SPAM POLICY

You are strictly prohibited from using the Site or any services offered on the Site for illegal spamming activities, including collecting addresses and personal information from others or sending mass commercial emails.

 

  1. LINKS AND THIRD PARTY CONTENT

We may post links to third party sites or services. We are not responsible for any damages or losses related to the use of third party services linked from our site.

 

  1. INDEPENDENCE OF CLAUSES

If any provision of this Agreement is determined to be unlawful, void or unenforceable, in whole or in part, the unenforceable portion shall not affect the validity and enforceability of any remaining provisions of this Agreement.

 

  1. SERVICE INTERRUPTIONS

We may have to interrupt your access to the site in order to perform maintenance or unplanned emergency work. You agree that your access to the Site may be affected by unplanned or unanticipated downtime for any reason, and that we will not be liable for any damages or losses resulting from such downtime.

 

  1. NO GUARANTEE

While we have made reasonable efforts to ensure that the content of this site is accurate, we cannot guarantee that such content is error-free, up-to-date or complete. Under no circumstances can we be held responsible for any damage that may result from an error on the site.

We assume no responsibility for any damages arising from the misuse of the content of the site. We also cannot guarantee that the site will be available without interruption, without errors or omissions, or that defects will be corrected. It is also not possible to guarantee that the site and the servers that make it available are free of viruses or harmful components. The Site and its contents are provided on an “as is” and “as available” basis without representations, warranties or conditions of any kind, either express or implied.

If you choose to subscribe to services or features of the Site that require subscription, you agree to provide accurate and current information about yourself as required by the applicable registration or subscription process, and to ensure its accuracy by making necessary updates as soon as possible. You agree to maintain the confidentiality of any passwords or other account identifiers that you choose or are assigned at the time of registration or subscription on Sucrerie Brix Co. Inc. or its partners and to assume responsibility for all activities that occur under such passwords or accounts. In addition, you agree to notify us of any unauthorized use of your password or member account. We shall not be liable, directly or indirectly, for any loss or damage of any kind arising out of or in connection with your failure to comply with this provision.

You acknowledge that we may, in our sole and absolute discretion, and without prior notice to you, suspend, cancel or terminate your account, your use of or access to the Site or any of its services, and remove and discard any information or content related to the Site or any of its services (and terminate your use of them), for any reason, including if we believe that you have violated these Terms. Translated with www.DeepL.com/Translator (free version) You further agree that we shall not be liable to you or anyone else as a result of any such suspension, cancellation or termination. If you are unsatisfied with Sucrerie Brix Co. Inc. or any of its services, or any of these terms and conditions, rules, policies, guidelines or practices relating to the operation of Brix Sugar Co. Inc. or any of its services, your sole remedy is to discontinue using the site or service in question.

  1. CONFIDENTIALITY

Communications via the Internet are subject to interception, loss or alteration, therefore, you acknowledge that information or material which you provide electronically through your access to or usage of this site is not confidential or proprietary, except as may be required under applicable law, and acknowledge that unprotected e-mail communication over the Internet is subject to possible interception, alteration or loss. Translated with www.DeepL.com/Translator (free version)

 

  1. LIMITATION OF LIABILITY

In no event shall we be liable for any damages you may suffer as a result of your use of the Site, to the fullest extent permitted by law. The maximum liability of Sucrerie Brix Co. Inc. arising from your use of the site is limited to one hundred (100) Canadian dollars or the amount paid to Brix Sugar Co. Inc. within the last six months, whichever is greater. This applies to any claim including, but not limited to, loss of profits or revenue, consequential or punitive damages, negligence, civil liability or fraud of any kind.

 

  1. ADDITIONAL QUESTIONS AND INFORMATION

If you have any questions or require further information, please contact us at info@brixco.ca

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