1. Red Valley Plant Market Terms of Use - April 10th, 2020

Welcome to the RED VALLEY PLANT MARKET online ordering website. BY USING THIS WEBSITE, YOU ARE AGREEING TO COMPLY WITH AND BE BOUND BY THE FOLLOWING TERMS OF USE. PLEASE REVIEW THESE TERMS CAREFULLY. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT USE THIS WEBSITE IN ANY MANNER WHATSOEVER. The terms “RED VALLEY PLANT MARKET”, “us”, “we” and “our” all refer to Red Valley Plant Market, the owner of this website. The term “you” refers to the user or viewer of this website.

2. Acceptance of Agreement

You agree to the terms and conditions outlined in this Terms of Use Agreement (the "Agreement") with respect to our site (the "Site"). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. THIS AGREEMENT MAY BE AMENDED BY US AT ANY TIME OR FROM TIME TO TIME WITHOUT SPECIFIC NOTICE TO YOU. THE LATEST AGREEMENT WILL BE POSTED ON THE SITE (AND APPROPRIATELY DATE-STAMPED), AND YOU SHOULD REVIEW ANY AMENDED AGREEMENT PRIOR TO RE-USING THE SITE. WHETHER OR NOT YOU REVIEW THIS AGREEMENT, IN ITS INITIAL OR ANY AMENDED VERSION, YOU WILL BE BOUND BY ITS TERMS.

3. Limited Licence, Permitted Uses

You are granted a non-exclusive, non-transferable and revocable license to:

  1. access and use the Site strictly in accordance with this Agreement;
  2. use the Site to search for and purchase products and/or services from RED VALLEY PLANT MARKET; and
  3. to print out discrete information from the Site solely for the purposes referred in paragraphs (a) and (b) of this Section 2 and provided that you maintain all copyright and other notices contained therein. No print out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

4. Restrictions and Prohibitions on Use

Your license for access and use of the Site, regardless of how you access the Site (including for greater certainty through an API), and any information, materials or documents provided in or by the Site (collectively defined as “Content”) is subject to the following restrictions and prohibitions on use. You shall not, and you shall not assist or enable others to:

  1. copy, print (except for the express limited purpose permitted by Section 2(c) above), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Content retrieved therefrom; or
  2. use the Site or any Content obtained from the Site to develop, of or as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism, or that is otherwise made available to the public in any manner whatsoever including on a non-commercial basis; or
  3. create compilations or derivative works of any Content from the Site; or
  4. modify any of the Content; or
  5. create or disclose metrics about, or perform any statistical analysis of, the Site or any of the Content; or
  6. display any of the Content in a manner that could reasonably imply an endorsement, affiliation, sponsorship or other relationship between you or a third party and RED VALLEY PLANT MARKET; or
  7. use any Content from the Site in any manner that may infringe any copyright, trademark or other intellectual property or proprietary right of us or any third party; or
  8. remove, change or obscure any copyright notice or other notice or terms of use contained in the Site; or
  9. remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture; or
  10. use the Site for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions; or
  11. use the Site in any manner that violates any applicable state, federal, provincial or other law; or
  12. export or re-export the Site, or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of Canada.

5. Errors, Corrections and Changes

We do not represent or warrant that:

  1. the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected; or
  2. the information available on or through the Site will be correct, accurate, complete, timely or otherwise reliable.

We may make changes to the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit, delete or add at any time or from time to time any Content appearing on the Site without notice to you.

6. Copyright

The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other intellectual property rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as expressly allowed by Section 2, is strictly prohibited. You do not acquire ownership rights to any Content viewed through the Site. The posting of Content on the Site does not constitute a waiver of any right in such Content. Some of the Content on the Site is the copyrighted work of third parties.

7. Unlawful Activity

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

8. Nontransferable

Your right to use the Site is not transferable or assignable. Any user name, password or activation key given to you is not transferable or assignable. You will not reveal your user name, password or activation key to any third party, and you will take all reasonable steps to protect same against disclosure to a third party.

9. Indemnification

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD US AND OUR DIRECTORS, OFFICERS, EMPLOYEES, OTHER REPRESENTATIVES, SUBCONTRACTORS, AFFILIATES, SUCCESSORS AND ASSIGNS HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES, LOSSES, DAMAGES, EXPENSES AND CLAIMS OF ANY NATURE OR KIND WHATSOEVER, INCLUDING REASONABLE ATTORNEY’S FEES, DIRECTLY OR INDIRECTLY RELATED TO YOUR VIOLATION OF ANY PROVISION OF THIS AGREEMENT, YOUR USE OF THE SITE AND/OR ANY INABILITY TO USE THE SITE FOR ANY REASON WHATSOEVER.

10. Disclaimer of Representations, Warranties and Conditions

THE SITE AND ALL CONTENT PROVIDED FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS" AND "AS AVAILABLE", AND ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, ARE EXPRESSLY DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE). YOUR USE OF THE SITE, AND OF ANY CONTENT, PRODUCTS, SERVICES OR OTHER INFORMATION ACCESSED ON OR THROUGH THE SITE (INCLUDING FOR GREATER CERTAINTY THROUGH ANY API), IS AT YOUR OWN RISK.

11. Disclaimer of Liability

(a) WE SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY NATURE OR KIND WHATSOEVER DIRECTLY OR INDIRECTLY RESULTING IN ANY WAY FROM (1) ANY ERRORS IN OR OMISSIONS FROM THE SITE OR ANY PRODUCTS, SERVICES OR INFORMATION OBTAINABLE THEREFROM; (2) THE UNAVAILABILITY OR INTERRUPTION OF THE SITE OR ANY FEATURES THEREOF; (3) ANY DELAY OR FAILURE IN PERFORMANCE OF THE SITE; (4) YOUR USE OF THE SITE OR YOUR INABILITY TO ACCESS OR USE THE SITE FOR ANY REASON WHATSOEVER (INCLUDING FOR GREATER CERTAINTY THROUGH ANY API); (5) YOUR USE OF ANY OF THE CONTENT CONTAINED ON OR OTHERWISE ACCESSIBLE THROUGH THE SITE; OR (6) YOUR USE OF ANY OF THE PRODUCTS, SERVICES OR OTHER INFORMATION ACCESSED THROUGH THE SITE.

(b) REGARDLESS OF CIRCUMSTANCES AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE OR PRODUCTS LIABILITY, WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY LOSSES OR DAMAGES OF ANY NATURE OR KIND WHATSOEVER INCLUDING, BUT NOT LIMITED TO, LOSSES OR DAMAGES ARISING OUT OF OR RESULTING IN ANY MANNER WHATSOEVER FROM ANY USE OF OR ANY INABILITY TO ACCESS OR USE THE SITE FOR ANY REASON WHATSOEVER (INCLUDING FOR GREATER CERTAINTY THROUGH ANY API), ANY CONTENT, OR ANY PRODUCTS, SERVICES OR INFORMATION PROVIDED IN OR BY THE SITE, LOST PROFITS OR LOST GOODWILL, FAILURE TO REALIZE SAVINGS, OR FOR ANY CLAIM OR DEMAND AGAINST YOU BY ANY THIRD PARTY, EVEN IF WE MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE REASONABLY FORESEEABLE.

(c) THE DISCLAIMERS OF LIABILITY SET FORTH ABOVE IN SECTIONS 10(a) AND 10(b) ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN US AND YOU. THIS SITE AND THE CONTENT, AS WELL AS THE PRODUCTS, SERVICES AND INFORMATION PROVIDED IN OR BY THE SITE, WOULD NOT BE PROVIDED IN THE ABSENCE OF SUCH DISCLAIMERS.

12. Use of Information

We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy (see Section 13 below). All remarks, suggestions, feedback and ideas communicated by you to us (collectively defined as a "Submission") will forever be our property. For greater certainty, we will have exclusive ownership of all present and future rights to each Submission of every nature and kind whatsoever, everywhere. We will be entitled to use any Submission for any commercial or other purpose whatsoever, without compensation to you or any other person who submits the Submission to us.

13. Privacy Policy

Personal Information means any information that may be used to identify an individual including, but not limited to, a first and last name, a home or other physical address and an email address or other contact information, whether at work or at home, as well as any other information about that individual.

a. Introduction

We at RED VALLEY PLANT MARKET are committed to respecting your online privacy, and recognize your need for appropriate protection and management of any personally identifiable information (“Personal Information”) you share with us.

Personal Information means any information that may be used to identify an individual including, but not limited to, a first and last name, a home or other physical address and an email address or other contact information, whether at work or at home, as well as any other information about that individual.

b. Cookies

“Cookies” are pieces of data your browser stores on your computer’s hard drive. They enable us to determine when you or someone using your computer returns to our website. Cookies allow the site to store and retreive personalized information between requests (such as shopping cart products). Most Web browsers automatically accept cookies but, if you like, you can edit your browser options to block them. However, please note that, if you block the use of cookies, you may experience less than optimal performance of our website and some features may not work.

c. Our Use of Your Personal Information.

If you choose to provide us with your Personal Information, RED VALLEY PLANT MARKET may use that Personal Information as follows:

  1. to identify you;
  2. to establish and maintain a responsible relationship with you;
  3. to otherwise know you, so that RED VALLEY PLANT MARKET can better understand your needs and the products and/or services that you may be in the business of supplying or needing, depending on your circumstances;
  4. to protect you and RED VALLEY PLANT MARKET against error and fraud;
  5. to manage and develop RED VALLEY PLANT MARKET’s businesses and operations; and
  6. to comply with legal and regulatory requirements.

d. Our Disclosure of Your Personal Information.

If you choose to provide us with your Personal Information, RED VALLEY PLANT MARKET may disclose that Personal Information as follows:

  1. to a third party if said Personal Information was provided through a web site branded by said third party; or
  2. to a third party who requires such information in order to assist RED VALLEY PLANT MARKET in its general administration and/or business operations; or
  3. to a third party who expresses an interest in acquiring some or all of RED VALLEY PLANT MARKET’s business operations; or
  4. to a third party where such disclosure is required or permitted by law.

e. Retention and Security Safeguards

If you choose to provide us with your Personal Information, we will:

  1. retain that Information only as long as necessary for the fulfillment of the purposes for which it was provided; and
  2. protect that Information through the use of security safeguards that are appropriate to the sensitivity of that Information.

f. Consent

If you choose to provide us with your Personal Information, you hereby consent to our collection, use, disclosure and retention of that Information for the purposes described in this Online Privacy Policy.

g. Additional Information

RED VALLEY PLANT MARKET has appointed a Privacy Officer, whose responsibilities include ensuring that RED VALLEY PLANT MARKET complies with the provisions of this Online Privacy Policy and privacy laws including PIPEDA in RED VALLEY PLANE MARKET’s collection, use, disclosure and retention of Personal Information. For more information regarding RED VALLEY PLANE MARKET’s Privacy Project, please contact our Privacy Officer by:

Email: info@redvalley.ca

Or Telephone: (204) 257-4361

14. Product Return Policy

Returned items must be brought back and/or brought to our attention within 3 days from the sale. Returned items must be in original pot and in saleable condition. Original order confirmation, cash register receipt and/or debit/credit receipt (if paid with a card) required for all returns. Shipping and service charges are non refundable after the service has been performed. All on sale items are a final sale.

15. Links to other Websites

The Site contains links to other websites. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on our Site does not imply approval or endorsement of the linked website by us. If you decide to leave our Site and access these third-party websites, you do so at your own risk.

16. Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Content provided in or by the Site.

17. General Provisions

This Agreement shall be treated as though it were executed and performed in Winnipeg, Manitoba, Canada, and shall be governed by and construed in accordance with the laws in force in the Province of Manitoba (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any Content or any products, services or information provided in or by the Site) must be instituted in the courts of the Province of Manitoba within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the disclaimers and other provisions set forth in this Agreement including, without limitation, the disclaimers in Sections 7, 14 and 15. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement for any reason whatsoever.