Yalivta's Terms and Conditions
1. Acceptance of Terms.
2. Use and Restrictions.
The Sites may be accessed and used only by individuals who can form legally binding contracts under applicable laws, and who are not barred from using the Sites under applicable laws.
Yalivta recognizes the privacy interests of children and Yalivta encourages parents and guardians to take an active role in their children’s online activities and interests. The website is not intended for children under the age of 13. Yalivta does not target its services or the website to children under 13. Yalivta does not knowingly collect personal information from children under the age of 13. You agree not to upload any information or images of any person under the age of 13 years old.
IF YOU ARE UNDER THE AGE OF MAJORITY (which is 18 years old in Canada), then your parent or guardian must consent to you using the Sites, and your parent or guardian may be liable for some or all of your activities on the Sites. Because of this, and because Yalivta encourages parents and guardians to be aware of your online activities and interests, you should make your parent or guardian aware that you are using the Sites – as this User Agreement and your use of the Sites affect their legal rights and obligations.
All trademarks, service marks, trade names, logos and trade dress, whether registered or unregistered that appear on the Sites (collectively the "Marks") are proprietary to Yalivta or such Marks' respective owners. You may not display or reproduce the Marks other than with the prior written consent of Yalivta, and you may not remove or otherwise modify any trademark notices from any Content. The Marks are protected by trademark, trade dress, copyright, and various other intellectual property rights and unfair competition laws.
In addition, all visual design and navigational features of the Sites including page headers, custom graphics, button icons, and scripts are trademarks, service marks, trade names and/or trade dress of Yalivta or their respective owners, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Yalivta.
The trade-mark YALIVTA is the proprietary trade-mark of Yalivta, or is used under license by Yalivta and is registered or pending registration at the Canadian Intellectual Property Office, U.S. Patent and Trademark Office, and in various other jurisdictions around the world.
5. Your Account
In order to purchase products or services through the use of the Sites, you must establish an account with Yalivta. You are solely responsible for (i) maintaining the security and confidentiality of your account and your account password; (ii) restricting access to your computer and your account; and (iii) keeping your email address listed on your account current. You are solely responsible and liable for all activities, including, without limitation, all purchases of products and services through the use of the Sites that occur under your account or your account password.
6. Terms of Sale
All product sales from the Sites are governed by any terms of sale that may be posted on the Sites. You should refer to our terms of sale to learn more about applicable product warranties, our return policy, and shipping terms. By ordering and/or accepting delivery of the products, you agree to be bound by these terms of sale. The terms of sale are subject to change without prior notice at any time, in Yalivta’s sole discretion so you should review the terms of sale each time you make a purchase. Risk of loss and title for the products purchased from the Sites passes to you upon delivery of the products to the carrier. Additional information may be found in our FAQ and online shopping sections of the Sites.
Orders placed on the Canadian website can only be shipped within Canada. If you would like to ship an order to the United States or outside of North America, you may only do so by ordering from the US/International website. Shipments outside of the US will be subject to import duties and taxes, which are the responsibility of the recipient. Please be aware that shipping charges do not include international taxes or duties and, depending on local rules, you may be required to pay local taxes and duties to release your order from customs on arrival. Contact the customs office in the destination country for information about any applicable duties or taxes. If an order is placed on shop.yalivta.com and then refused, you will be responsible for the original shipping costs, as well as any duties, taxes and/or customs charges that were incurred in shipping the package. These amounts will be subtracted from your merchandise refund.
7. Electronic Communications
You consent to receive electronic communications from Yalivta either in the form of email sent to you at the email address listed on your account or by communications posted on the Sites. You acknowledge and agree that any electronic communication in the form of such email or posting on the Sites shall satisfy any legal requirement that such communication be in writing.
You further agree that you will not upload, post or otherwise make available on the Sites any material protected by copyright, trademark, patent, trade secret or any other proprietary right without the express permission of the owner of such copyright, trademark, patent, trade secret or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for damage resulting from your account, or any infringement of copyrights, trademarks, patents, or other proprietary rights, or any violations of rights of privacy or publicity, or any other harm resulting from any Submission that you make.
You represent and warrant that: (i) you own all Submissions posted by you on or through the Sites or otherwise have the right to grant the licenses to Yalivta set forth in this section, and (ii) your Submission is accurate and not misleading and (iii) the posting of your Submissions on or through the Sites does not violate the privacy rights, publicity rights, personality rights, patent rights, trade-secrets, trademark rights, copyrights, contract rights or any other rights of any person or entity or violate any applicable law, rule, regulation or order. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through the Sites. When submitting Submissions to or otherwise using the Sites and/or the services, you agree not to, without limitation:
Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Use racially, ethnically, or otherwise offensive language.
Discuss or incite illegal activity.
Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
Post anything that exploits children or minors or that depicts cruelty to animals.
Post any copyrighted or trademarked materials without the express permission from the owner of such copyright or trademark.
Post any person’s name, likeness, voice or biographical information without the express permission from such person (or if that person is a minor, from that person’s parent or legal guardian).
Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.
Use any robot, spider, scraper or other automated means to access the Sites.
Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
Alter the opinions, goals, profiles or comments posted by others on the Sites.
This list of prohibitions provides examples and is not complete or exclusive. Yalivta reserves the right in its sole discretion to (a) terminate your access to your account; (b) terminate your ability to post to the Sites (or the services) and (c) refuse, delete, modify, edit or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that Yalivta determines is inappropriate or disruptive to this Sites or to any other user of the Sites and/or services. Yalivta may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Yalivta's discretion, Yalivta will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Sites or on the Internet.
Yalivta takes no responsibility and assumes no liability for any Submissions posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Yalivta is only a forum and is not liable for any statements, representations, or Submissions provided by its users in any public forum or personal home page.
These prohibitions do not require Yalivta to monitor, police or remove any Submissions or other information submitted by you or any other user.
9. Feedback / Idea Submission
If you submit any feedback or ideas about our products and services, suggestions for new products or improvements to products, designs, data, analysis, concepts, sketches, models, plans, expressions of ideas, or any other materials (collectively an “Idea”) to the Sites, you hereby assign and agree to assign to Yalivta all right, title and interest in and to the Idea. You hereby irrevocably assign and transfer to Yalivta all rights in and derived from the Submissions or Idea that you may have including without limitation, all ownership of and rights to use, sell and commercialize intellectual property including but not limited to inventions, patents, trade-secrets and copyright, throughout the world, the right to file applications for registration of such rights, and the assignment and transfer of any accrued causes of action related thereto.
In addition to the assignment above, you grant to Yalivta and its assignees a perpetual, irrevocable, exclusive fully-paid up and royalty-free license to use any Ideas, expression of Ideas or other materials you submit to Yalivta without restrictions of any kind and without any payment or other consideration of any kind, or permission or notification, to you or any third party. The license shall include, without limitation, the irrevocable right to use, manufacture, reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, and license the Idea, and all rights therein, in the sole name of Yalivta or its designees throughout the universe in perpetuity in any and all media or form now or hereafter known. In return for Yalivta permitting you to use the Sites and Yalivta’s review and consideration of your Idea, you further agree that the terms below shall apply to any Submissions or Idea and to any additional material previously or later submitted, until such time as Yalivta otherwise agrees in writing:
To the best of your knowledge, the Idea represents your own original work, you have all necessary rights to disclose the Idea to Yalivta and in doing so for Yalivta’s review and/or use of the Idea, will not infringe upon any other individual’s or entity’s rights.
You understand that disclosure of your Idea to Yalivta does not establish a relationship or obligate Yalivta to treat the Idea (or any related materials) as secret or confidential.
You understand that Yalivta has no obligation, either expressly or implied, to develop or use your Idea and that no compensation is due to you or anyone else for any inadvertent or intentional use of that Idea, related Ideas or Ideas derived from your Idea. You understand that Yalivta assumes no obligation with respect to any Idea.
Yalivta will give your Idea such consideration as is warranted by its sole judgment. Yalivta’s review of your Idea shall not be construed as any recognition of the novelty or originality of the Idea. Yalivta is not obligated to give reasons for rejecting your Idea or to reveal Yalivta’s activities that are related to the subject matter of the submitted Idea.
Any discussion between Yalivta and you relating to the Idea, shall not prejudice Yalivta in any way, or be construed as recognition of the novelty, originality, priority, other rights or value of the submitted Idea. Further, Yalivta’s consideration or its discussions with you will not in any way impair Yalivta’s right to contest the validity or infringement of your rights.
You acknowledge and declare that (a) you have read and fully understand these terms and appreciate the nature, extent and consequences of this Agreement, (b) the submission of your Idea to Yalivta is entirely voluntary and non-confidential, and (c) Yalivta, directly or indirectly, may (i) be working on the same Idea or a similar Idea to the Idea, or (ii) already know of such Idea from other sources, or (iii) simply wish to develop this Idea or as similar to the Idea on its own.
You agree that, except to the extent that these terms are superseded by a separate agreement in writing by you and Yalivta, you hereby irrevocably release and forever discharge Yalivta and its affiliates and subsidiaries from any and all actions, causes of actions, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever, which you now have or hereafter can, shall or may have against Yalivta and its affiliates and subsidiaries or their respecting successors and assigns with respect to the Submissions or Idea, including, without limitation, in respect of how Yalivta and its affiliates and subsidiaries, directly or indirectly, use the Submissions or Idea.
Any Content offered or posted on the Sites is subject to modification or discontinuation at any time and from time to time without notice or obligation to you. Without limiting the foregoing, Yalivta reserves the right, in its sole discretion, to charge fees for the use or purchase of, or access to, any products, services or Content offered through the Sites, at any time and from time to time.
You agree to defend, indemnify and hold harmless Yalivta, its affiliates and their respective directors, officers, employees and agents against any losses, liabilities, claims, expenses (including attorney’s fees) arising out of your account, your use of the Site, and your Ideas, Submissions and any Personal Rights contained therein.
12. Links to Third Party Websites
The Sites may contain links to websites and other resources operated by third parties other than Yalivta. Such links are provided solely as a convenience to you. Yalivta does not control such websites, and is not responsible for the content, products, services or information offered by any third parties. The inclusion of links to such websites on the Sites does not imply any endorsement of any website or the content, products or services offered, advertised, endorsed or promoted by any third party, or of any company or person. If you decide to access any third party websites or acquire any third party products or services, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties.
13. Warranties and Disclaimer
IN ADDITION, THE SITES MAY CONTAIN TYPOGRAPHICAL ERRORS OR INACCURACIES AND MAY NOT BE COMPLETE OR CURRENT. YALIVTA THEREFORE RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS (INCLUDING AFTER AN ORDER HAS BEEN SUBMITTED) AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE. PLEASE NOTE THAT SUCH ERRORS, INACCURACIES OR OMISSIONS MAY RELATE TO PRICING AND AVAILABILITY, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, YALIVTA RESERVES THE RIGHT TO CANCEL OR REFUSE TO ACCEPT ANY ORDER PLACED BASED ON INCORRECT PRICING OR AVAILABILITY INFORMATION. WE APOLOGIZE FOR ANY INCONVENIENCE.
14. Limitation of Liability
YALIVTA AND ITS PARENT, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND THIRD PARTY PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, MULTIPLIED OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR REVENUES OR FAILURE TO REALIZE EXPECTED SAVINGS, OR ANY DAMAGES WHATSOEVER, WHETHER OR NOT SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY, INCLUDING, WITHOUT LIMITATION, ARISING OUT OF OR IN CONNECTION WITH ANY LOSS OR OTHER DAMAGES IN CONNECTION WITH ANY UNAVAILABILITY OR NONPERFORMANCE OF THE SITE, ERRORS, OMISSIONS, VIRUSES AND MALICIOUS CODE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
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.
15. Copyright and Trademark Infringements
Yalivta respects the intellectual property rights of others, and we ask you to do the same. Yalivta may, in appropriate circumstances and at our discretion, terminate service and/or access to the Sites for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Sites, please provide Yalivta’s designated agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. §512 (“DMCA”):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Sites, and information reasonably sufficient to permit Yalivta to locate the material. (This usually means providing us with a link to the specific URL of the sub-page with the material, along with a detailed description of the location of the material on that subpage.)
Information reasonably sufficient to permit Yalivta to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
A statement is required that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Yalivta's agent for notice of claims of copyright or trademark infringement on the Sites can be reached as follows:
Attention: Brand Protection
400 – 1818 Cornwall Ave
Please also note that for copyright infringements under Section 512(f) of the U.S. Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
16. Governing Law
18. Gift Cards Terms and Conditions
Compliance with Laws
By purchasing a gift card (“Gift Card”) offered by Yalivta, you are certifying and representing to Yalivta that the activities in connection with which the Gift Cards will be used will comply with these terms and conditions and the terms and conditions found on the back of the Gift Card, (collectively the “Gift Card Terms and Conditions”), all applicable laws, rules and regulations, and that the Gift Cards will not be used in any manner that is misleading, deceptive, unfair or otherwise harmful to guests. In addition, you agree to defend and indemnify Yalivta and its subsidiaries and affiliates from and against any claims, expenses or liabilities made against or incurred by any of them in connection with your use of the Gift Cards or violation of the Gift Card Terms and Conditions. You agree to release Yalivta from and against any and all claims, expenses or liabilities you have or may have against or incurred in connection with your use of the Gift Cards or violation of any of the Gift Card Terms and Conditions.
Gift Cards are only redeemable for purchases at Yalivta retail online at www.yalivta.com. The Gift Card balance will be reduced by the amount of each purchase. If a purchase exceeds the balance, the difference must be paid with cash or other payment method accepted by Yalivta.
For balance inquiries please contact us.
All returns for purchases made with a Yalivta Gift Card will result in credit to a Gift Card or issuance of a new Gift Card in the amount of the return.
Gift Cards cannot be returned, resold, transferred for value, redeemed for cash or applied to any other account, except to the extent required by law. Gift Cards cannot be replaced or be redeemed for cash, except where the balance is less than $10 (or its equivalent in local currency) or as otherwise required by law. Gift Cards can only be sold in any amount over $10.00 to a maximum of $1000. Gift Cards never expire or accrue fees. Guests are advised to read the Gift Card Terms and Conditions carefully.
Risk of Loss:
The risk of loss and title for Gift Cards pass to the purchaser upon sale. Gift Cards are like cash. We are not responsible if a Gift Card is lost, stolen, destroyed or used without your permission. We cannot trace them or refund them.
Yalivta will have the right to close guest accounts and request alternative forms of payment if Yalivta believes such Gift Card has been fraudulently obtained.
Not for promotional use
Yalivta Gift Cards may be used as personal or business gifts, but may not be used in connection with any marketing, advertising or other promotional activities (including without limitation via Web sites, Internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts.)
Use of Yalivta’s name, logo, trade dress (including any image/likeness of the cards) or trademarks (or those of any of its subsidiaries or affiliates) in connection with the purchase or use of Yalivta Gift Cards is strictly prohibited. Furthermore, the use of Yalivta Gift Cards in any manner that states or implies that any person, Website, business, product or service is endorsed or sponsored by, or otherwise affiliated with Yalivta or any of its subsidiaries or affiliates is prohibited.
Limitation of Liability:
YALIVTA MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CARD CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CARD. CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
Any dispute relating in any way Gift Cards in which the aggregate total claim for relief sought on behalf of one or more parties shall be adjudicated in the province of Ontario and the federal laws of Canada and you consent to exclusive jurisdiction and venue in such courts.
When you purchase, receive or redeem a Yalivta Gift Card, you agree that the laws of the province of Ontario and the federal laws of Canada, without regard to principles of conflict of laws, will govern these Gift Card Terms and Conditions. Yalivta reserves the right to change the Gift Card Terms and Conditions from time to time in its discretion. All Gift Card Terms and Conditions are applicable to the extent permitted by law.
19. Questions or Concerns
If you have any concerns about material which appears on this Website, please contact us by emailing us at: email@example.com or by writing to us at:
2751 Coventry Rd.