Terms of service

Quaffed Consumer Terms and Conditions of Use

  1. Acceptance of the Quaffed Network Terms and Conditions of Use

These terms and conditions of use for the Quaffed Network, constitute a legal agreement and are entered into by and between you and CanRad Beauty Limited. ("Company," "we," "us," "our"). The following terms and conditions, together with any documents and/or additional terms they expressly incorporate by reference (collectively, these "Terms and Conditions"), govern your access to and use, including any content, functionality, and services offered on or through the Quaffed online reservation network (or any successor network) consisting of Quaffed.ca and any other websites, wireless platforms or applications owned or operated (in whole or in part) by CanRad or its affiliates, and any third party partner websites, platforms or services in relation to which CanRad or its affiliates enter into agreements from time to time (collectively, the "Quaffed Network").

BY USING THE QUAFFED NETWORK, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY, FOUND AT [https://quaffed.ca/policies/privacy-policy], INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE QUAFFED NETWORK.

  1. Modifications to the Terms and Conditions and to the Quaffed Network

We reserve the right in our sole discretion to revise and update these terms and conditions from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Quaffed Network. You agree to periodically review the terms and conditions in order to be aware of any such modifications and your continued use shall be your acceptance of these.

The information and material on this Quaffed Network, and the Quaffed Network, may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Quaffed Network is restricted to Consumers or unavailable at any time or for any period.

  1. Your Use of the Quaffed Network and Account Set-Up and Security

The security of your personal information is very important to us. The Quaffed Network uses physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.

The safety and security of your information also depends on you. Quaffed Network consumers (“Consumers”) are responsible for obtaining their own access to the Quaffed Network. Consumers are required to ensure that all persons who access the Quaffed Network through a Consumer's internet connection are aware of these Terms and Conditions and comply with them. The Quaffed Network, including content or areas of the Quaffed Network, may require Consumer registration. It is a condition of your use of the Quaffed Network that all the information you provide on the Quaffed Network is correct, current, and complete.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Quaffed Network. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Quaffed Network.

Your provision of registration information and any submissions you make to the Quaffed Network through any functionality such as applications, profiles, forums, other such functions (collectively, "Interactive Functions") constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy.

Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person with access to this Quaffed Network or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.

We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms and Conditions.

You are prohibited from attempting to circumvent and from violating the security of this Quaffed Network, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting Quaffed Network owner's ability to monitor the Quaffed Network; (f) using any robot, spider, or other automatic device, process, or means to access the Quaffed Network for any purpose, including monitoring or copying any of the material on the Quaffed Network; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Quaffed Network via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and (i) otherwise attempting to interfere with the proper working of the Quaffed Network.

  1. Intellectual Property Rights and Ownership

You understand and agree that the Quaffed Network and its entire contents, features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, website layout, selection, and arrangement, are owned or controlled by the Company, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.

The Company name and logo, the Quaffed name and logo, Member names and logos, and all related names, logos, product and service names, designs, images, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on this Quaffed Network are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.

You may only use the Quaffed Network for your personal use, unless otherwise authorized by Company. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Quaffed Network, in any form or medium whatsoever except:

  • your computer and browser may temporarily store or cache copies of materials being accessed and viewed;
  • a reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever; and
  • in the event social media platforms are linked to certain content on our Quaffed Network, you may take such actions as our Quaffed Network and such third-party social media platforms permit.

Consumers are not permitted to modify copies of any materials from this Quaffed Network nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site. You must not access or use for any commercial purposes any part of the Quaffed Network or any services or materials available through the Quaffed Network.

If you print off, copy, or download any part of our Quaffed Network in breach of these Terms and Conditions, your right to use the Quaffed Network will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Quaffed Network or to any content on the Quaffed Network, and all rights not expressly granted are reserved by the Company. Any use of the Quaffed Network not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.

  1. Conditions of Use and Consumer Submissions and Site Content Standards

As a condition of your access and use, you agree that you may use the Quaffed Network only for lawful purposes and in accordance with these Terms and Conditions.

The following content standards apply to any and all content, material, and information a Consumer submits, posts, publishes, displays, or transmits (collectively, "submit") to the Quaffed Network, to other Consumers or other persons (collectively, "Consumer Submissions") and any and all Interactive Functions. Any and all Consumer Submissions must comply with all applicable federal, provincial, local, and international laws, regulations, and terms of service.

Without limiting the foregoing, you warrant and agree that your use of the Quaffed Network and any Consumer Submissions shall not:

  • In any manner violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions and our Privacy Policy.
  • In any manner violate the terms of use of any third-party website that is linked to the Quaffed Network, including but not limited to, any Member website or third-party social media website.
  • Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in Company's sole discretion.
  • Involve stalking, attempting to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable laws, regulations, or code.
  • Involve, provide, or contribute any false, inaccurate, or misleading information.
  • Include sending, knowingly receiving, uploading, downloading, using, or reusing any material that does not comply with the Authorized Use Policy, found at Appendix A attached hereto.
  • Impersonate or attempt to impersonate the Company, a Company employee, another Consumer, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing).
  • Transmit, or procure the sending of, any advertisements or promotions without our prior written consent, sales, or encourage any other commercial activities, including, without limitation, any "spam", "junk mail", "chain letter", contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation.
  • Encourage any other conduct that restricts or inhibits anyone's use or enjoyment of the Quaffed Network, or which, as determined by us, may harm the Company or Consumers of the Quaffed Network or expose them to liability.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.
  1. Consumer Submissions: Grant of Licence

The Quaffed Network may contain Interactive Functions allowing Consumer Submissions on or through the Quaffed Network.

None of the Consumer Submissions you submit to the Quaffed Network will be subject to any confidentiality by the Company. By providing any Consumer Submission to the Quaffed Network, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and according to your account settings and/or incorporate such material into any form, medium or technology throughout the world without compensation to you. You further waive any moral rights or other rights of authorship as a condition of submitting any Consumer Submission.

By submitting the Consumer Submissions, you declare and warrant that you own or have the necessary rights to submit the Consumer Submissions and have the right to grant the licence hereof to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns to the Consumer Submissions and comply with these Terms and Conditions. You represent and warrant that all Consumer Submissions comply with applicable laws and regulations and the Consumer Submissions and Site Content Standards set out in these Terms and Conditions.

You understand and agree that you, not the Company nor Company's parent, subsidiaries, affiliates nor their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, or successors, are fully responsible for any Consumer Submissions you submit or contribute, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any Consumer Submissions submitted by you or any other Consumer of the Quaffed Network.

  1. Site Monitoring and Enforcement, Suspension, and Termination

Company has the right, without provision of notice to:

  • Remove or refuse to post on the Quaffed Network any Consumer Submissions for any or no reason in our sole discretion.
  • Refuse or cancel any order for products purchased through the Quaffed Network for any or no reason in our sole discretion.
  • At all times, take such actions with respect to any Consumer Submission deemed necessary or appropriate in our sole discretion, including, without limitation, for violating the Quaffed Network and Authorized Use Policy or Terms and Conditions.
  • Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Quaffed Network. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Quaffed Network.
  • Terminate or suspend your access to all or part of the Quaffed Network for any or no reason, including, without limitation, any violation of these Terms and Conditions.

YOU WAIVE AND HOLD HARMLESS THE QUAFFED NETWORK, COMPANY AND ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS (COLLECTIVELY, THE “QUAFFED PARTIES”) FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE QUAFFED PARTIES AND ANY OF THE FOREGOING PARTIES RELATING TO ANY, INVESTIGATIONS BY EITHER THE QUAFFED PARTIES OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.

We have no obligation, nor any responsibility to any party to monitor the Quaffed Network or its use, and do not and cannot undertake to review material that you or other Consumers submit to the Quaffed Network. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any Consumer or third party, subject to applicable laws.

  1. No Reliance

The content on our Quaffed Network is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on our site.

Although we make reasonable efforts to update the information on our Quaffed Network, we make no representations, warranties, or guarantees, whether express or implied, that the content on our Quaffed Network is accurate, complete, or up to date. Your use of the Quaffed Network is at your own risk and neither the Company nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever for your use of this Quaffed Network.

This Quaffed Network includes content provided by third parties, including from other Consumers, Members, and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of the Company. Neither the Company nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.

  1. Privacy

By submitting your personal information and using our Quaffed Network, you consent to the collection, use, reproduction, hosting, transmission, and disclosure of any such Consumer content submissions in compliance with our Privacy Policy, as we deem necessary for use of the Quaffed Network and provision of services. Your information may be shared with Quaffed member salons (“Members”) and other third party partners in order to fulfill services and provide a seamless purchase and reservation experience.

By using this Quaffed Network you are consenting to the use of cookies which allow a server to recall previous requests or registration and/or IP addresses to analyze website use patterns. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off cookies. If you do, however, some areas of the Quaffed Network may not function adequately. For more information on this automated information gathering practices, see our Privacy Policy.

  1. Third-Party Quaffed Networks

For your convenience, the Quaffed Network may provide links or pointers to third-party sites, including but not limited to Member sites. We make no representations about any other websites that may be accessed from this Quaffed Network. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.

Such links to third-party sites from the Quaffed Network may include links to certain social media features that enable you to link or transmit on your own or using certain third-party websites, certain content from this Quaffed Network. You may only use these features when they are provided by us and solely with respect to the content identified.

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. Our Quaffed Network must not be framed on any other site, nor may you create a link to any part of our Quaffed Network other than the homepage. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the Authorized Use Policy. You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop.

  1. Online Purchases

All orders, purchases or transactions for the sale of goods or services made using this Quaffed Network are subject to the Shopify Terms of Service and Authorized Use Policy, found at https://www.shopify.ca/legal/terms also incorporated into these Terms and Conditions.

Additional terms and conditions may be applicable to parts or features of this Quaffed Network and are hereby incorporated by reference into these Terms and Conditions.

  1. Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE QUAFFED NETWORK, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE QUAFFED NETWORK IS AT YOUR OWN RISK. THE QUAFFED NETWORK, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE QUAFFED NETWORK ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

NEITHER THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE QUAFFED NETWORK OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT THE QUAFFED NETWORK, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE QUAFFED NETWORK WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR QUAFFED NETWORK OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE QUAFFED NETWORK WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE QUAFFED NETWORK AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE QUAFFED NETWORK OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE QUAFFED NETWORK OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY QUAFFED NETWORK LINKED TO IT.

  1. Limitation on Liability

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL THE QUAFFED PARTIES BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE QUAFFED NETWORK, ANY LINKED QUAFFED NETWORKS OR SUCH OTHER THIRD-PARTY QUAFFED NETWORKS, NOR ANY QUAFFED NETWORK CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.

SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH ABOVE, OR REQUIRE EXCLUSIONS OR LIMITATIONS OF LIABILITY THAT ARE DIFFERENT THEN THOSE SET FORTH ABOVE. IN THESE JURISDICTIONS, THE EXCLUSIONS OR LIMITATIONS OF LIABILITY SET FORTH ABOVE WILL BE EXCLUDED ONLY TO THE MINIMUM EXTENT REQUIRED TO CONFORM WITH APPLICABLE LAW IN EACH SUCH JURISDICTION (AS APPLICABLE IN THE CIRCUMSTANCES) AND THE PARTIES WILL ADHERE SOLELY TO THE MINIMUM REQUIREMENTS IN EACH SUCH JURISDICTON, SUCH THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY APPLICABLE IN THE CIRCUMSTANCE WILL BE THOSE THAT ARE PERMISSIBLE TO THE GREATEST EXTENT UNDER SUCH APPLICABLE LAWS.  THESE EXCLUSIONS AND LMITATIONS OF LIABILITY WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THE AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

  1. Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your breach of these Terms and Conditions or your use of the Quaffed Network, including, but not limited to, your Consumer Submissions, third-party sites, any use of the Quaffed Network's content, services, and products other than as expressly authorized in these Terms and Conditions.

  1. Governing Law and Choice of Forum

The Quaffed Network and these Terms and Conditions will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the Province of Ontario or any other jurisdiction) and notwithstanding your domicile, residence, or physical location. 

Any action or proceeding arising out of or relating to this Quaffed Network and under these Terms and Conditions will be instituted in the courts of the Province of Ontario and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

  1. Waiver

No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof; and no single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

  1. Severability

If any term or provision of these Terms and Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.

  1. Entire Agreement

The Terms and Conditions, our Privacy Policy, and our Authorized Use Policy constitute the sole and entire agreement between you and Company regarding the Quaffed Network and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

  1. Reporting and Contact

The Quaffed Network is operated by CanRad Beauty Limited., 125 Norfinch Dr, North York, ON, M3N 1W8.

Should you become aware of misuse of the website including libelous or defamatory conduct, you must report it to the Company at support@quaffed.ca.

All other feedback, comments, requests for technical support, and other communications relating to the Quaffed Network should be directed to support@quaffed.ca.

DATE: March 15, 2022


APPENDIX “A”: ACCEPTABLE USE POLICY

 

Effective: March 15, 2022

 

THIS ACCEPTABLE USE POLICY (“AUP”) CONTAINS CAPITALIZED WORDS AND PHRASES THAT HAVE THE MEANINGS ASCRIBED THERETO IN THE TERMS AND CONDITIONS TO WHICH THIS APPENDIX IS ATTACHED.  THIS AUP FORMS PART OF THE TERMS AND CONDITIONS AS DEFINED THEREIN.

 

This Authorized Use Policy (“AUP”) is part of the terms of use governing your use of the Quaffed Network, and describes ways that you are not authorized to use the Quaffed Network.

 

Unless you have express written permission from Company in each instance, you are not authorized to use the Quaffed Network in any of the following ways, which list is not exhaustive and is also subject to modification from time-to-time at Company’s sole discretion:

 

  • Violates any applicable law

 

  • Violates the Terms and Conditions in any way

 

  • Is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, unethical, or otherwise inappropriate as determined by Company in its sole discretion

 

  • Violates or otherwise encroaches on the rights of others, including, but not limited to, infringing any intellectual property rights of another

 

  • Advocates or encourages illegal or inappropriate activity

 

  • Stalks, harasses, vilifies, degrades, belittles, abuses or harms anyone

 

  • Impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity including other Consumers or a Member

 

  • Overstates, exaggerates, omits or otherwise inaccurately provides information about yourself, your qualifications, experience, capabilities or any other information or detail about you

 

  • Modifies, alters, tampers with, or otherwise creates derivative works of any software included in Quaffed Network or any other Intellectual Property.

 

  • Reverse engineers, disassembles, or decompiles the Quaffed Network

 

  • Interferes with or disrupts the Quaffed Network or servers or networks or workstations or devices connected thereto

 

  • Uses any high-volume automated means (including robots, spiders, scripts or similar data gathering or extraction methods) to access the Quaffed Network or any other accounts, computer systems, or networks connected thereto (each a “System”)

 

  • Attempts to gain unauthorized access to any portion of the Quaffed Network, or any System, whether through hacking, password mining, or any other means

 

  • Violates the security or integrity of a System

 

Although Company is not obligated to perform investigations, it may and reserves the right to:

 

  • Investigate violations of this AUP or misuse of the Quaffed Network

 

  • Investigate and help prevent security threats, fraud, or other illegal, malicious, or inappropriate activity

 

  • Remove, disable access to, or modify any content that Company believes violates this AUP or any other part of the Terms and Conditions

 

  • Suspend or terminate provision of any services to you, in whole or in part, or suspend or terminate your Quaffed Network Consumer account for uses that violate this AUP or any other part of the Terms and Conditions

 

  • Company, in its sole discretion, will decide whether a Consumer’s use of the Quaffed Network is prohibited by this AUP or any other part of the Terms and Conditions. Any actions that are performed by means of a Consumer’s account, whether performed by the Consumer or another person, are the sole responsibility of the Consumer.  Company may report any activity that it suspects violates any applicable law to appropriate governmental authorities, or other appropriate third parties.  Company’s reporting may include disclosing information that the Consumer may have provided, including Personal Information, and the Consumer hereby expressly, irrevocably, unconditionally and absolutely consents and agrees to such disclosure.  Company may also cooperate with governmental authorities or other third parties to assist with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this AUP or any other part of the Terms and Conditions.

 

REPORT VIOLATONS

Members can report violations of this AUP to: support@quaffed.ca

 

CONTACT US

If you have any questions regarding this AUP, please contact Company at: support@quaffed.ca