ZIGGIE INC. | Terms of Use  |  Last updated: March 5, 2017

These Terms of Use (the “Terms of Use”) apply to the web site located at ziggie.net (the "Site") operated by ziggie Inc. ("ziggie"). Please read these terms of use carefully.

BY USING THE SITE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

All references to “you” or “your”, as applicable, means the person and/or the company the person represents (including any successors and assigns thereof) that accesses, uses and/or participates in the Site in any manner. By using the Site you confirm that you have all necessary and legal authority to bind the company you represent. Your acceptance of these Terms of Use will be deemed acceptance by your company of these Terms of Use.

ziggie reserves the right, at its sole discretion, to change or modify any of the terms and conditions contained in these Terms of Use at any time by posting updated Terms of Use on the Site. It is your responsibility to check these Terms of Use periodically for changes or modifications. YOUR CONTINUED USE OF THE SITE FOLLOWING THE POSTING OF ANY CHANGES OR MODIFICATIONS WILL MEAN THAT YOU ACCEPT AND AGREE TO SUCH CHANGES OR MODIFICATIONS. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU MUST STOP USING THE SITE.

These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with ziggie for other products or services including but not limited to the Terms of Sale (as defined herein). Additional information may be found by contacting a ziggie representative at tellmemore@ziggie.net.

The following policies, terms and conditions are incorporated by reference into, and made part of, this Agreement:

 

1. INCORPORATED POLICIES OR TERMS:

1.1 Privacy Policy. Ziggie believes strongly in protecting user privacy and providing you notice of ziggie's collection and use of data, including personal information, collected from the Site. Please review ziggie’s Privacy Policy at http://www.ziggie.net/privacy-policy-long-form/ which also governs your use of the Site.

1.2 Terms of Sale. All orders placed via the Site are governed by ziggie's Terms of Sale located at http://www.ziggie.net/delivery-information/ (the “Terms of Sale”). You should refer to our Terms of Sale to learn more about product and pricing information, applicable product warranties, shipping terms, delivery options and our return policy amongst other terms that govern your purchase of goods from the Site. By ordering and/or accepting delivery of the products, you agree to be bound by the Terms of Sale, including but not limited to all conditions, disclaimers and limitations of liability therein. The Terms of Sale are subject to change without prior notice at any time, in ziggie's sole discretion without liability so you should review the Terms of Sale each time you make a purchase.

 

 2. MEMBERSHIP ACCOUNTS:

2.1 As part of your use of the Site, you may be permitted by ziggie to open a membership account under the Account Creation tab of the Site (the "Membership Account").

2.2 If opening a Membership Account on behalf of a company, you hereby represent and warrant that you are the designated representative of your company authorized to open a Membership Account on behalf of your company and have the ability to bind the company to all terms and conditions governing the Membership Account including those set out in these Terms of Use.

2.3 As part of the creation of your Membership Account you will be asked to create single user login credentials with a username and password.

2.4 In consideration of your use of the Site, you agree on your own behalf and, on behalf of your company, where applicable: 2.4.1 to provide true, accurate, current and complete information about yourself and/or the company that you represent;

2.4.2 that you represent and warrant that you have the capacity and authority to execute agreements and place orders for ziggie products and services on behalf of you or your company;

2.4.3 that an order placed by you through the Site is the equivalent of a signed purchase order, and you hereby waive any future challenge to the validity and enforceability of any order submitted via the Site on the grounds that it was electronically transmitted and authorized;

2.4.4 that you are responsible for all costs and charges, including without limitation, phone charges and telecommunications equipment, incurred in order to use the Site;

2.4.5 that you are fully responsible for all activities that occur under your password or Membership Account, and you and your company accept all liability for any acts or omissions by you arising out of the use of your Membership Account, even if such acts or omissions are not specifically authorised by you and your company;

2.4.6 to immediately notify us of any unauthorized use of your password or Membership Account or any other breach of security; and

2.4.7 that you are fully responsible for managing your Membership Account, including but not limited to:

2.4.7.1 maintaining the confidentiality of passwords and/or any Membership Account information; and

2.4.7.2 maintaining and promptly updating the Membership Account information to keep it true, accurate, current and complete.

2.5 If you provide any information that is untrue, inaccurate, not current or incomplete, or ziggie has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ziggie may suspend or terminate your Membership Account and refuse any and all current and future use of the Site by you. Membership Account information and certain other information about you is subject to our Privacy Policy. For more information, please see our Privacy Policy located at http://www.ziggie.net/privacy-policy-long-form/

 

3. THE MATERIALS:

3.1 COPYRIGHT: All copyrighted and copyrightable materials on this Site, including, without limitation, the ziggie design, text, graphics, pictures, and other files, and the selection and arrangement ("Copyright Materials") thereof are the property of ziggie, ALL RIGHTS RESERVED Copyright © ziggie Inc. and/or its licensors.

3.2 TRADEMARKS AND SERVICE MARKS: The ziggie work mark, the ziggie logo, product brands and associated logos and all other content, products and services available through and described in this Site, including without limitation, all page headers, custom graphics, displays, graphs, icons, scripts and other components of the Site are either trademarks, service marks, registered trademarks and/or trade dress of ziggie, its subsidiaries and its suppliers and licensors or their respective owners (collectively the “Trademark Materials”).

3.3 The Copyright Materials and the Trademark Materials are collectively referred to in these Terms of Use as the “Materials.” Except as expressly stated otherwise herein, none of the Materials may be copied, imitated, reproduced, distributed, republished, downloaded, displayed, posted, transmitted or used, in whole or in part, in any form or by any means (including but not limited to electronic, mechanical, photocopying, recording or otherwise) without the prior written permission of ziggie nor are you permitted to remove or alter any copyright, trademark or other proprietary notices contained in the Materials. Unauthorized use of this Site and/or the Materials contained in this Site may violate applicable copyright, trademark or other intellectual property law or other laws.

3.4 All rights not explicitly granted to you in these Terms of Use are reserved and retained by ziggie.

3.5 INFRINGEMENT OF MATERIALS ziggie respects the intellectual property of others. ziggie may, in appropriate circumstances and at ziggie’s discretion, terminate service and/or access to the Site 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 Site, please provide ziggie’s designated agent with the written information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. §512 ("DMCA") and specified below (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements):

1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or trademark interest;

2. A description of the copyrighted or trademarked work(s) that you claim has been infringed upon;

3. A description of where the material that you claim is infringing is located on the Site;

4. Information reasonably sufficient to permit ziggie to contact you about the complaint, such as an address, telephone number, and, if available, an e-mail address;

5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright and/or trademark owner, its agent, or the law; and

6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or trademark owner or authorized to act on the owner’s behalf.

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. ziggie’s agent for notice of claims of copyright or trademark infringement on the Site can be reached:

by phone at 1-844-ZIGGIE-1 (1-844-944-4431);

by email at tellmemore@ziggie.net, or

by mail at: Attention: ziggie Inc. Legal Counsel c/o Fasken Martineau DuMoulin LLP, 2900 - 550 Burrard Street Vancouver, BC V6C 0A3 Canada

 

4. USE OF SITE:

4.1 ziggie grants you a limited, terminable license to use this Site to make legitimate orders and purchases through the Site and shall not use this Site nor any other content of any kind on the Site for any other purposes, including without limitation, (a) for any resale or commercial use of the Site or content therein; (b) for the collection and use of any product listings or descriptions; (c) for making derivative uses of the Site; or (d) in conjunction with the use of any data mining, robots, or similar data gathering and extraction methods; or (e) to make any speculative, false or fraudulent orders or any order in anticipation of demand. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of ziggie or any third party.

4.2 This Site and the contents provided in this Site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of ziggie, except that you may print the materials presented on this Site for the licensed purposes only and provided that, you may not, without the permission of ziggie or the respective copyright owner, (a) copy, publish, or post any content on the Site on any web site, computer network or broadcast or publications media (except as expressly permitted herein), (b) modify any content on the Site, (c) remove or alter any copyright, trademark and other proprietary notices contained on the Site, (d) use, frame or utilize framing techniques to enclose any ziggie trademark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) or (e) use any meta tags or any other "hidden text" utilizing an ziggie name, trademark, or product name. Unauthorized use of this Site and/or any content contained on this Site may violate applicable copyright, trademark or other intellectual property laws or other laws.

 

5. USER GENERATED CONTENT:

5.1 You may wish to:

5.1.1 post submissions on the Site or through channels specifically designated by ziggie from the time to time which submissions may include reviews, comments, photos, suggestions, ideas, questions, or other similar information; and/or

5.1.2 where applicable, to utilize the Site, to generate text, images, plans, displays, layouts and related content as part of your use of the Site in accordance with these Terms of Use (collectively referred to hereinafter as “User Generated Content”).

5.2 ziggie welcomes User Generated Content in the permitted forms and through the designated channels of the Site on the basis that the User Generated Content is not illegal, obscene, threatening, invasive of privacy, defamatory, infringing of intellectual property rights or otherwise injurious to third parties and does not consist of or contain software viruses, political campaigning, commercial solicitation or any form of spam. ziggie reserves the right (but not the obligation) to remove any User Generated Content, or portion thereof, regarding claims without foundations or verifications, but does not review User Generated Content regularly.

5.3 If you do create and/or post User Generated Content through your use of the Site in accordance with these Terms of Use you grant ziggie an irrevocable, perpetual, worldwide, royalty-free, license to publish, reproduce, modify and distribute any such User Generated Content, or any portions thereof, in any manner that ziggie deems appropriate including, without limitation, on all social media platforms, the World Wide Web and in any other ziggie advertising/marketing materials or in any media now or hereafter known. You further release ziggie its affiliates and subsidiaries and each of their respective officers, directors, shareholders, employees, consultants, representatives and agents from any and all liability, claims or damages arising out of or relating to your User Generated Content.

5.4 Unless otherwise explicitly stated herein or in ziggie’s Privacy Policy, User Generated Content shall be considered non-confidential and ziggie is under no obligation to treat such User Generated Content as proprietary information except pursuant to ziggie’s Privacy Policy applicable to personally identifiable information.

 

 

6. AGE AND RESPONSIBILITY:

The Site is not created for children or persons who are under the age of majority in their jurisdiction. By purchasing products from ziggie or providing ziggie with information when using the Site (including but not limited to User Generated Content) you represent that you are of sufficient legal age to use the Site and to create binding legal obligations for any liability you may incur as a result of the use of the Site. You understand that you are financially responsible for all uses of the Site by you and those using your Membership Account login information.

 

7. TERMINATION:

You agree that ziggie, in its sole discretion, may terminate your Membership Account password, account or your access to or use of the Site, or restrict your access to any component of this Site, for any reason, including without limitation, for lack of use or if ziggie believes that you have violated or acted inconsistently with the Terms of Use, Privacy Policy, Terms of Sale or any applicable laws or regulations. ziggie may also, in its sole discretion and at any time, discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to or use of the Site under any provision of the Terms of Use may be effected without notice, and you acknowledge and agree that ziggie may immediately deactivate or delete your Membership Account and all related information and files in your account and/or bar any further access to such files or the Site. Further, you agree that ziggie shall not be liable to you or any third party for any termination or restriction of access to the Site.

 

8. DISCLAIMER:

YOU USE THE SITE AT YOUR SOLE RISK. THE SITE AND ALL CONTENT THEREON ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED BY ZIGGIE TO UNDERTAKE YOUR OWN DUE DILIGENCE WITH RESPECT TO THIS SITE. ZIGGIE MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE ZIGGIE SITE, ITS OPERATION, OR ANY OTHER CONTENT OF ANY KIND CONTAINED IN OR GENERATED BY OR THROUGH THE SITE.

ZIGGIE RESERVES ALL RIGHTS TO WITHDRAW OR DELETE ANY INFORMATION, CONTENT OR FUNCTIONALITY FROM THE SITE AT ANY TIME WITHOUT NOTICE TO YOU IN ZIGGIE’S SOLE DISCRETION AND WITHOUT LIABILITY TO ZIGGIE.

ANY CONTENT OR INFORMATION PROVIDED IN THE FAQ SECTION OF THE SITE IS PROVIDED FOR YOUR CONVENIENCE ONLY AND MAY NOT REFLECT ALL UPDATES MADE TO ANY BINDING TERMS OF USES OR TERMS OF SALE FOR THE SITE.

ZIGGIE EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THIS SITE ANY CONTENT THEREON, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, CURRENCY, QUALITY, RELIABILITY OR SUITABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE, TITLE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR EQUITY, OR FROM A COURSE OF DEALING OR USAGE OF TRADE. FURTHER TO THE ABOVE ZIGGIE DOES NOT PROVIDE ANY WARRANTIES AGAINST ERRORS, MISTAKES, OR INACCURACIES OF DATA, CONTENT, INFORMATION, MATERIALS, REPORTS OR SUBSTANCE OF THE SITE, ANY UNAUTHORIZED ACCESS TO OR USE OF ZIGGIE’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE OR VIA ANY ELECTRONIC MAIL OR COMMUNICATION SENT BY ZIGGIE, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE, ANY DATA, CONTENT, INFORMATION, MATERIALS, OR SUBSTANCE OF THE SITE OR ANY SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.

 

9. LIMITATION OF LIABILITY:

YOU AGREE THAT ZIGGIE, ITS DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR DAMAGES ARISING FROM THE OPERATION OF, CONTENT IN OR PRODUCT OF, MODIFICATION OF, OR DISCONTINUANCE OF THE SITE BY ZIGGIE IN ITS SOLE DISCRETION, OR ARISING FROM ACCESS TO OR USE OF THE SITE BY YOU OR ANY THIRD PARTY ON YOUR BEHALF. YOU AGREE THAT THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY (EVEN IF ZIGGIE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE).

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ZIGGIE (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF THE SITE EXCEED ONE HUNDRED DOLLARS (CDN $100.00).

THE SITE MAY CONTAIN LINKS TO THIRD-PARTY WEBSITES THAT ARE NOT OWNED OR CONTROLLED BY ZIGGIE. ZIGGIE ASSUMES NO RESPONSIBILITY FOR THE CONTENT, INFORMATION, PRIVACY POLICIES, OR TERMS OF USE OF ANY THIRD-PARTY WEBSITES AND MAKES NO REPRESENTATION OR WARRANTY REGARDING ANY OTHER WEBSITES OR THE CONTENTS OR MATERIALS ON SUCH WEBSITES. ZIGGIE PROVIDES SUCH LINKS SOLELY AS A CONVENIENCE TO YOU. THE INCLUSION OF ANY LINK DOES NOT IMPLY ANY ENDORSEMENT, INVESTIGATION OR VERIFICATION BY ZIGGIE OF THE LINKED WEBSITE OR INFORMATION CONTAINED THEREIN. BY USING THE SITE, YOU EXPRESSLY RELIEVE ZIGGIE FROM ANY AND ALL LIABILITY ARISING FROM YOUR ACCESS TO OR USE OF ANY THIRDPARTY WEBSITES. ACCORDINGLY, WE ENCOURAGE YOU TO READ THE TERMS AND CONDITIONS, INCLUDING THE PRIVACY POLICY AND ANY TERMS OF USE, GOVERNING EACH THIRD-PARTY WEBSITE THAT YOU VISIT, INCLUDING THOSE DIRECTED BY THE LINKS CONTAINED ON THE SITE.

Certain laws do not allow limitations on implied warranties, 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.

FOR NEW JERSEY RESIDENTS OR OTHER PERSONS ACCESSING THIS SITE FROM NEW JERSEY: You agree that all disputes arising from your Membership Account, your use of the Site, your User Generated Content and any other rights contained therein shall be decided solely by binding arbitration, pursuant to Section 12 below. By agreeing to arbitration, you understand and agree that you are waiving your rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle any disputes. Furthermore, YOU AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL in any dispute with ziggie, its affiliates and/or subsidiaries.

 

 

10. INDEMNIFICATION:

You shall indemnify, defend and hold harmless ziggie, its affiliates and subsidiaries and each of their respective officers, directors, shareholders, employees, consultants, representatives and agents from and against any loss, liability, claim, cause of action, demand, damages, costs or expenses including without limitation reasonable legal, accounting and other professional fees, brought by or on your behalf or by any third parties arising from or in connection with (i) your use of or access to the Site, including but not limited any violation by you of the Terms of Use, Privacy Policy or Terms of Sale, (ii) any violation by you of any third party right (including but not limited to any intellectual property or privacy right of any party) and (iii) User Generated Content. ziggie reserves the right to assume the exclusive defense and control of any matter, subject to indemnification by you, which shall not excuse your indemnity obligations. Your indemnification obligations survive any termination under Section 7 of these Terms of Use.

 

 

11. RELATIONSHIP:

The relationship between ziggie and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of this Agreement or your access to or use of this Site.

 

12. DISPUTES:

You agree that all disputes, controversies or claims between you and ziggie, whether or not such Dispute involves a third party, arising out of, in connection with or in relation to your relationship or agreement with ziggie, these Terms of Use, the purchase or use of products from ziggie and/or rights of privacy or confidentiality, including, without limitation, any and all Disputes regarding: (i) the existence, validity, application, interpretation, performance, enforcement or termination of these Terms of Use; or (ii) the quality, suitability, fitness, merchantability, durability, safety, design, manufacture, distribution, sale, purchase, delivery, instruction, warning, performance or use of any product purchased from ziggie (collectively, a "Dispute"), will be solely and exclusively referred to, and finally resolved by, binding arbitration pursuant to the provisions of the British Columbia Arbitration Act and/or International Commercial Arbitration Act (as applicable) and any amendments thereto. Such arbitration shall be conducted pursuant to the Domestic Commercial Arbitration Rules of Procedure of the British Columbia International Commercial Arbitration Centre then in force (the “Arbitration Rules”). A single arbitrator shall be appointed by agreement of the Parties, or, in default of agreement, such arbitrator will be appointed in accordance with the Arbitration Rules. The arbitration will be governed by the laws of the Province of British Columbia and the laws of Canada as applicable therein. The arbitration will be held in Vancouver, British Columbia and will be conducted in the English language. The arbitrator shall have jurisdiction to award costs of the arbitration, including attorney’s fees and disbursements and arbitrator fees and expenses. Any award of such arbitrator will be final and binding upon you and ziggie. A judgment on the award of the arbitrator may be entered into any court having jurisdiction over the party or parties against whom an award may be issued and you agree to and hereby waive any defences against the enforceability and execution of any such judgment awarded by the arbitrator as contemplated in these Terms of Use. Where arbitration is prohibited or this section is unenforceable under applicable laws, you and ziggie hereby agree to the exclusive jurisdiction of the courts of the province of British Columbia, Canada with respect to any Disputes. THIS SECTION IS NOT APPLICABLE TO RESIDENTS OF QUEBEC.

 

 

13. APPLICABLE LAW:  

You agree that applicable federal law, and the laws of the Province of British Columbia, without regard to principles of conflict of laws, will govern these Terms of Use and any Dispute of any sort that might arise between you and ziggie.

 

 

14. ASSIGNMENT:  

You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.

 

15. SEVERABILITY:  

These Terms of Use shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

 

 

16. HEADINGS:

The heading used in these Terms of Use are included for convenience only and will not limit or otherwise affect these Terms of Use.

 

17. ENTIRE AGREEMENT:

These Terms of Use, together with those incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and it supersedes any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Site.

 

18. CONTACTING ZIGGIE:

If you have any feedback, questions or comments about the Site or its contents, please contact us by emailing us at tellmemore@ziggie.net or by writing to us at: ziggie inc. c/o Craig Brod L402 1520 Coal Harbour Quay Vancouver, BC., CANADA V6G3G1