Terms of Service
1. Introduction
1.1 Acceptance of Terms
IMPORTANT: Your use of this website is governed by these Terms of Service. By accessing this website, you agree to be bound by these terms and represent that you are of legal age to form a binding contract. If you do not agree to these terms, do not use this website or inquire about any products or services offered here.
These Terms of Service ("Terms") form a legal agreement between you and Burgeon Enterprise Inc. ("Company", "we", "us", or "our") regarding your access to and use of www.burgeonenterprises.com (the "Website").
These Terms are the electronic equivalent of a signed, written agreement between you and the Company.
1.2 Amendments
These Terms are effective as of February 28, 2024. We reserve the right to modify or update these Terms at any time, with or without notice. Changes become effective upon posting on the Website and apply to all future use.
Your continued use of the Website constitutes acceptance of any updated Terms. You are responsible for reviewing these Terms regularly.
2. Use of the Website
2.1 Permitted Use
The Website is intended for personal, non-commercial use. You agree not to:
- Violate any applicable laws or third-party rights
- Impersonate any person or entity
- Upload malicious software or viruses
- Reverse engineer or reproduce any part of the Website
- Collect or misuse user data
You agree that all information you provide on the Website is accurate and complete, and that you will keep your account credentials confidential.
2.2 User-Generated Content
You are responsible for any content you submit to the Website ("User-Generated Content"). The Company does not endorse or guarantee the accuracy of any User-Generated Content.
We reserve the right to remove or modify content at our sole discretion without notice. Content may be considered inappropriate if it includes:
- Illegal or discriminatory material
- Harassment, threats, or hate speech
- Misleading or false information
- Inappropriate or offensive content
By submitting content, you grant the Company a non-exclusive, worldwide, royalty-free, irrevocable, perpetual license to use, modify, display, and distribute your content.
2.3 Ordering and Purchasing
Orders and Acceptance
By completing the checkout process, you place an order. Order confirmation does not constitute acceptance. We reserve the right to reject any order for reasons including but not limited to:
- Product unavailability
- Pricing errors
- Product recalls
Acceptance of your order occurs when your item is shipped.
Pricing and Payments
All prices are in Canadian Dollars (CAD) unless otherwise specified. You agree to pay the full amount at checkout, including:
- Shipping and handling fees
- Applicable taxes
- Any price adjustments (we will notify you in case of changes)
Your selected payment method must be valid and authorized.
Shipping
We may use third-party carriers. Risk of loss passes to you upon delivery to the carrier. Shipping costs are estimates and may vary at the time of actual shipment.
3. Intellectual Property
All content on the Website (excluding User-Generated Content) is owned by Burgeon Enterprise Inc. or its licensors and is protected by copyright, trademark, and other intellectual property laws.
You are granted a limited, revocable, non-transferable, non-exclusive license to access and view the Website content for personal use only.
You may not:
- Copy, sell, reproduce, or republish any content
- Create derivative works from the Website
- Allow others to access the Website IP without permission
4. Suspension or Termination
We may, at our discretion and without notice, suspend or terminate:
- Your access to the Website
- These Terms of Service
- Any content you have posted
Any terms intended to survive termination (e.g., intellectual property, indemnity) shall remain in effect.
5. Indemnification
To the fullest extent permitted by law, you agree to indemnify and hold harmless the Company, its affiliates, and its officers, employees, and agents from any claim, loss, or damages arising from your:
- Use or misuse of the Website
- Violation of these Terms
- Submission of User-Generated Content
6. Limitations of Liability & Disclaimers
6.1 Limitation of Liability
To the maximum extent permitted by law, the Company will not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of:
- Profits
- Data
- Business opportunities
In any case, our liability shall not exceed the greater of CAD $150 or the amount you paid in the 12 months prior to the claim.
6.2 No Warranties
The Website and its content are provided "as is" and "as available" without any warranties, including but not limited to:
- Accuracy
- Fitness for a particular purpose
- Non-infringement
We do not guarantee uninterrupted or error-free access to the Website.
6.3 Downloads
We do not guarantee downloadable files are virus-free. You are responsible for ensuring adequate protection (e.g., antivirus software).
6.4 Third-Party Websites
Links to third-party sites are provided for convenience only. We are not responsible for the content, accuracy, or security of these sites.
6.5 No Reliance
Information on the Website is for informational purposes only. Do not rely on it as a substitute for professional advice.
7. Disputes and Release
If you have a dispute with another user, you agree to release Burgeon Enterprise Inc. from any claims or liabilities arising from such disputes.
8. Privacy
Your use of the Website is also governed by our Privacy Policy. By using this Website, you consent to the collection and use of your personal information as outlined in the Privacy Policy.
9. General Terms
9.1 No Agency
These Terms do not create a partnership, joint venture, or employment relationship between you and the Company.
9.2 Governing Law & Jurisdiction
These Terms are governed by the laws of the Province of Ontario, Canada. You agree to submit to the exclusive jurisdiction of the courts in Ontario.
You also waive the right to trial by jury or to participate in a class action.
9.3 Severability
If any term is found to be unenforceable, the rest of the Terms remain valid and enforceable.
9.4 Entire Agreement
These Terms, along with the Privacy Policy and any other documents referred to, constitute the entire agreement between you and the Company.
9.5 Notices
You agree to receive communications from us electronically. You may send notices to us at:
📧 burgeonenterprisesinc@gmail.com
🌐 www.burgeonenterprises.com
9.6 Assignment
You may not transfer or assign your rights or obligations under these Terms to any third party without our prior written consent.
If you have any questions regarding these Terms, please contact: