PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE (“TERMS OF USE”) CAREFULLY BEFORE USING THIS WEBSITE. THESE TERMS OF USE GOVERN YOUR USE OF THE SITE, AND BY USING THE SITE, YOU AGREE TO THE TERMS OF USE. ALL USERS OF THIS SITE AGREE THAT ACCESS TO AND USE OF THIS SITE ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS AND OTHER APPLICABLE LAW. IF YOU DO NOT AGREE TO THOSE TERMS AND CONDITIONS, YOU MAY NOT USE THIS SITE.
THESE TERMS AND CONDITIONS ARE APPLICABLE TO YOU UPON YOUR ACCESSING THE SITE AND/OR COMPLETING THE REGISTRATION OR SHOPPING PROCESS. THESE TERMS AND CONDITIONS, OR ANY PART OF THEM, MAY BE TERMINATED BY Oceanview Garden Centre WITHOUT NOTICE AT ANY TIME, FOR ANY REASON. Oceanview Garden Centre RESERVES THE RIGHT, AT ANY TIME, TO MODIFY, ALTER, OR UPDATE THESE TERMS OF USE.
Disclaimer of Warranty
Oceanview Garden Centre(“’Oceanview Garden Centre”) MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION PUBLISHED ON THIS WEB SITE FOR ANY PURPOSE. ALL SUCH INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PERSUANT TO APPLICABLE LAW, Oceanview Garden Centre HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL Oceanview Garden Centre BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS WEBSITE.
THE INFORMATION ON THIS WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. Oceanview Garden Centre DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Oceanview Garden Centre DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.
THE USER AGREES THAT USE OF THE WEB SITE IS AT THE USER’S SOLE RISK AND THAT THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF MATERIAL POSTED ON THE WEBSITE.
Intellectual Property Rights
ALL OF THE CONTENT, ARRANGEMENT AND LAYOUT OF THE SITE, INCLUDING BUT NOT LIMITED TO ANY TRADEMARKS, SERVICE MARKS, PRODUCT NAMES, PACKAGE DESIGNS, TEXT, ART WORK, GRAPHICS, IMAGES, BUTTONS, SCREENSHOTS, MUSIC, DIGITALLY DOWNLOADABLE FILES, AND OTHER CONTENT OR COPYRIGHTABLE MATERIAL, AND THE COMPILATION OF THE FOREGOING (COLLECTIVELY, THE “CONTENT”) ARE THE SOLE AND EXCLUSIVE PROPERTY OF Oceanview Garden Centre. THE SITE ALSO CONTAINS VALUABLE TRADEMARKS AND SERVICE MARKS OWNED AND USED BY Oceanview Garden Centre INCLUDING BUT NOT LIMITED TO, Oceanview Garden Centre, THE Oceanview Garden Centre DESIGN LOGO, AND THE TAG LINES “Oceanview Garden Centre” AND “FOR THE DISTINCTIVE CHEF” (COLLECTIVELY, THE “Oceanview Garden Centre MARKS”). ALL OTHER TRADEMARKS, PRODUCT NAMES AND COMPANY NAMES OR LOGOS USED ON THE SITE ARE THE PROPERTY OF THEIR RESPECTIVE OWNERS. ANY USE OF THE CONTENT OR Oceanview Garden Centre MARKS – WITHOUT THE PRIOR WRITTEN PERMISSION OF Oceanview Garden Centre – IS STRICTLY PROHIBITED AND MAY VIOLATE CIVIL OR CRIMINAL LAWS, INCLUDING BUT NOT LIMITED TO, COPYRIGHT LAWS, TRADEMARK LAWS, AND THE LAWS OF PRIVACY AND PUBLICITY.
Typographical Errors
IN THE EVENT THAT A Oceanview Garden Centre PRODUCT IS MISTAKENLY LISTED AT AN INCORRECT PRICE, Oceanview Garden Centre RESERVES THE RIGHT TO REFUSE OR CANCEL ANY ORDERS PLACED FOR PRODUCT LISTED AT THE INCORRECT PRICE. Oceanview Garden Centre RESERVES THE RIGHT TO REFUSE OR CANCEL ANY SUCH ORDERS WHETHER OR NOT THE ORDER HAS BEEN CONFIRMED AND YOUR CREDIT CARD CHARGED. IF YOUR CREDIT CARD HAS ALREADY BEEN CHARGED FOR THE PURCHASE AND YOUR ORDER IS CANCELLED, Oceanview Garden Centre SHALL ISSUE A CREDIT TO YOUR CREDIT CARD ACCOUNT IN THE AMOUNT OF THE INCORRECT PRICE.
Indemnification
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS Oceanview Garden Centre, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS (COLLECTIVELY THE “SERVICE PROVIDERS”) FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS AND CONDITIONS OR ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE SITE USING YOUR INTERNET ACCOUNT.