Terms Of Use

Communications

When you use Choom.ca and participate in communications from your desktop or mobile device to us, you consent to receive communications from us electronically, such as emails, texts, mobile push notices, or notices and messages on this site or through our services, such as our customer support. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright

All content included in or made available through Choom.ca, such as text, graphics, logos, button icons, images, digital downloads, lab results, and other data is the property of Choom Holdings Inc. or its content suppliers and protected by the Canadian and international copyright laws.

Trademarks

Graphics, logos, page headers, button icons, scripts, and service names included in or made available through Choom.ca are the sole property of Choom Holdings Inc. Choom.ca trademarks may not be used in connection with any product or service that is not Choom’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Choom.ca.

Your account

You may need your own Choom.ca account to access certain areas of the website, and you may be required to be logged in to the account and have a valid payment method associated with it.

If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account, all of which you can set up in your account settings. You are responsible for maintaining the confidentiality of your account and password, restricting access to your account and agreeing to accept responsibility for all activities that occur under your account or password. If you are under 18 (or 19 in respected provinces), you are not allowed to either use or purchase items on Choom.ca. At any moment, Choom.ca reserves the right to refuse service, terminate accounts, terminate your rights to use the website, remove or edit content, or cancel orders in its sole discretion.

Reviews, comments, communications, and other content

You may post reviews, comments, photos, and other content; submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Choom.ca reserves the right (but not the obligation) to remove or edit such content.

If you do post content or submit material, and unless we indicate otherwise, you grant Choom.ca a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media.

You grant Choom.ca and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Choom.ca for all claims resulting from content you supply. Choom.ca has the right but not the obligation to monitor and edit or remove any activity or content. Choom.ca also takes no responsibility and assumes no liability for any content posted by you or any third party.

Intellectual property complaints

Choom.ca respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please contact us .

Product descriptions

Choom.ca attempts to be as accurate as possible with regard to product descriptions. However, Choom.ca does not warrant that product descriptions or other website content is accurate, complete, reliable, current, or error-free.

Updates

Choom.ca reserves the right, at its sole discretion, to change and revise these Terms at any time. If Choom.ca decides to modify these Terms, those changes will be posted on this page.

Please check these Terms regularly to stay informed. By looking at the Last Updated Date at the top of the page you will get the information when the last modifications of these Terms were made.

We are not liable to you or any third party in any respect arising from any changes or interruptions to the website or services.

If you do not agree to any changes that have been made, you must immediately stop using the website and all services.

Copyright and intellectual property

You acknowledge and agree that all information, materials and content made available by Choom.ca through the website or service, including, without limitation, any computer code, design, text, drawings, photographs, graphics, sound recordings and video recordings, as well as any copyrights, trademarks, service marks, logos, patents, trade names or other intellectual property or proprietary rights comprising the website and services, or any component or element of the website and service (collectively, the “content”) is the exclusive property of Choom.ca and its licensors and is protected by Canadian, U.S. and international copyright law.

Choom.ca and its licensors retain all rights in the content of this website. The content is provided to you AS IS, without any representation or warranty, whether express or implied, for your informational, personal, non-commercial use and may not be modified, copied, distributed, downloaded, displayed, emailed, transmitted, sold, licensed, performed or otherwise exploited in any form or by any means, for any purpose whatsoever, in whole or in part, without the prior written consent of the respective owner thereof.

You agree to not engage in the use, copying, distribution, transmission or modification of any of the content for any commercial purpose. If you download or print a copy of the content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with the website, services or any of their related security features that prevent or restrict use or copying of any content or enforce limitations on use of the website, services or the content therein.

Disclaimer

If you reside in a jurisdiction where this section or parts thereof may not be valid by virtue of local consumer protection or other laws (e.g. Province of Quebec, then parts of all of this section may not apply to you and you maintain your resources provided by law. Please read this entire section cautiously.

Certain federal or provincial/territorial laws may not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, you will have those minimum rights available to you under that consumer protection law and the following provisions in this section will not apply to you.

You agree that the entire content on this website and any related services are provided "as is" and "as available," and all use of this website and service is at your own risk. Choom.ca does not guarantee the accuracy of its content and you agree to accept any risks associated with the use of this service on an online platform, including, but not limited to, exposure to viruses, damaging or disabling code. Choom.ca disclaims, and you hereby waive, any and all warranties, conditions and liabilities of Choom.ca whether express or implied, including, but not limited to, any implied warranty or condition of merchantability, fitness for a particular purpose, title, quality and non-infringement.

Without limiting the foregoing, you acknowledge that Choom.ca does not guarantee, represent or warrant that the website and any related service will be accessible without interruption or that the website, service or the server that the website and service are available on are error-free, including defects, design flaws, omissions, viruses, or other harmful components, and that your use of the website, service and any content made available through the website or service is solely at your own risk.

Limitation of liability

By accepting these Terms of use, you acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the website and any related service remains with you.

You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and, subject to applicable laws, continue to apply in the case of, a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or termination of these Terms.

To the fullest extent permissible pursuant to applicable law, Choom.ca and its affiliates, officers, directors, employees, agents, licensors, and any other party involved in creating, producing, serving, hosting, maintaining and/or updating the website, service or any content therein (collectively, the “involved parties”) disclaim all liability whether based in contract, tort (including negligence), strict liability, vicarious liability or otherwise. The involved parties do not accept any liability for any loss or damage, including direct, indirect, punitive, actual, consequential, incidental, special or exemplary damages, resulting from or in connection with: (a) any use of, or inability to use the website, the service, content or other materials in or associated with the website and service; or (b) any other matter relating to the website, service, content, the member submissions, third party software, third party platforms or other materials in or associated with the website and service, regardless of the basis upon which liability is claimed and even if the involved parties have been advised of, or could have foreseen, the possibility of such loss or damage. Without limitation, you assume the entire cost of all necessary servicing, repair or correction in the event of any such loss or damage.

Indemnification

You shall indemnify, release, defend, and hold Choom.ca and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your access to or use of the website or services; or (ii) your violation of these Terms.

Governing law

These Terms and each purchase through this website are governed by and construed in accordance with the laws of the Province of British Columbia, Canada and of the laws of Canada applicable therein without regard to its choice of law or conflicts of law principles. You agree that any dispute is to be submitted to a court of competent jurisdiction in the city of Vancouver, Province of British Columbia, Canada.

Termination of website and/or service

Choom.ca may discontinue at any time, without notice, the website, service, content, materials, products and/or other services described on the website or the availability thereof. Choom.ca also reserves the right, in its sole discretion, to terminate or suspend these Terms and your access to all or part of the website and/or service with or without notice to you.

Entire agreement severability

These Terms, the Privacy Policy, and any other terms or conditions expressly referred to therein, constitute the entire agreement between you and Choom.ca regarding your use of the website, service and any other subject matter herein. If any portion of these Terms is declared or held unlawful, invalid, or unenforceable, then such portion of these Terms shall be deemed severed here from and shall not affect the validity or enforceability of the remainder of these Terms.

Choom may, from time to time, offer you the opportunity to participate in or use other special services, events, contests, and so forth, both on and off the website. By participating in any such special service, you agree to any and all special terms set forth in connection with any such service, in addition to these Terms.

Age of majority

The website is intended for your use only if you are of the age of majority in your province.

If you do not fall within this category, you may be in breach of laws or regulations applicable in your province or country of residence or access, and you should leave the website immediately.

You may restrict access to this website using content filtering software or by changing your computer settings (e.g. browser or operating system), as appropriate.

Contact us

If you have any questions or comments, please contact us at info@choom.ca.