TERMS AND CONDITIONS OF USE
CORDUROY ENTERPRISES LTD.
Last updated October 23, 2021
When you access this OVRY (“OVRY”) website, or when you use it to purchase a service or product, you are agreeing to abide by the following terms and conditions of use (these “Terms and Conditions”) and are agreeing that you have read, understood and accepted them. If you do not agree with these Terms and Conditions, you may not use this website. Use of this website is also unauthorized in any jurisdiction that does not give effect to all provisions in these Terms and Conditions.
OVRY is owned and operated by Corduroy Enterprises Ltd. (“Corduroy”). This website contains trademarks, copyrights and other proprietary material owned, used and retained by Corduroy, including the registered trade-mark ‘OVRY’. This website, and any material from it, is the copyright of Corduroy (all rights reserved) and may not be modified, copied, reproduced, republished, uploaded, posted or distributed in any way, in part or in whole. Corduroy’s intellectual property is protected by Canadian and international copyright and trademark laws.
Use of Website and Website Materials
This website is intended for your personal use and is designed to promote information, services and products offered for sale by OVRY within the Province of British Columbia, Canada, specifically servicing customers in Canada and the United States.
You may not use this website to purchase products if you are under the age of majority in British Columbia.
You are prohibited from using this website to post or transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or using this website in any manner which could damage or impair this website or interfere with another party’s use of it. OVRY may monitor or review material transmitted or posted using this website and OVRY reserves the right to delete any material that OVRY deems inappropriate. However, OVRY is under no obligation to do so and assume no responsibility or liability arising from any material transmitted or posted using this website.
By placing an order through this website, you warrant that (a) you are legally capable of entering into binding contracts; and (b) you are at least 18 years old.
Offer of Products and Service
This website may refer to products that are not registered or approved in your country and you may therefore not be able to purchase such products. THE INFORMATION CONTAINED IN THIS WEBSITE IS NOT MEDICAL ADVICE. ALWAYS CONSULT A QUALIFIED PHYSICIAN OR HEALTHCARE PROFESSIONAL FOR MEDICAL ADVICE AND CAREFULLY READ AND FOLLOW PRODUCT LABELLING AND INSTRUCTIONS.
We reserve the right to refuse service, limit purchase and purchase quantities for any reason, terminate your account or your access to this website, and cancel orders at OVRY’s sole discretion, including, without limitation, where OVRY believes that your conduct violates applicable laws, is contrary to these Terms and Conditions, disrupts OVRY’s normal business activities or is harmful to the interests of OVRY. Any funds remitted by you for a cancelled order will be fully refunded to you.
Registration, Personal Identification Numbers and Passwords
Certain services and related features, such as placing orders, may require registration. You agree to provide accurate and current information as required by the relevant registration process, and to update the information as necessary in a timely way to ensure that it is kept accurate and complete. During registration you will be asked to choose a unique login username and password. You agree to be responsible for:
- maintaining the confidentiality of your personal login, username and password identifiers;
- all activities that occur, including all orders placed, under your username and password identifiers; and
- notifying OVRY of any unauthorized use of your personal username or password identifiers.
Pricing and Payment
OVRY order payments are processed via a secure payment service. OVRY accepts the following major credit cards: Visa; MasterCard; and American Express. OVRY reserves the right to obtain credit card pre-authorization on or after the day you place your order. Your credit card will be charged when OVRY finalizes your order. Additional fees may be incurred if payment is declined and alternative payment arrangements are required. You agree to indemnify OVRY against any default by your credit card company to make payment to OVRY in full.
OVRY reserves the right, in its sole discretion, at any time to reject, correct, cancel or terminate any order for any reason (without cost, charge or liability) whatsoever, including but not limited to incorrect.
Third Party Websites and Content
This website may contain links to websites that OVRY does not own or operate. These other websites are not under OVRY’s control, and you acknowledge that OVRY is not responsible or liable for any third party act, omission or content, including but not limited to the accuracy, integrity, quality, usefulness, legality, appropriateness, safety or intellectual property rights of or relating to such third party content or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by us or any association with its operators. OVRY is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third party content, goods or services available on or through any such website or resource. Your access and use of third party sites is solely at your own risk.
OVRY does not accept unsolicited ideas for its business or operations. Should you ignore this policy and submit an idea to OVRY for a new product, packaging, marketing or other, you agree that the idea becomes and remains the sole and exclusive property of OVRY without further notice, liability or compensation to you. If you provide feedback, comments, questions or similar responses to OVRY, such information shall not be confidential and shall become the property of OVRY.
This website uses two types of “cookies”: a “session cookie” and a second which allows us to “set” a cookie. A session cookie resides in memory and persists only as long as the browser is open. This cookie holds only the information that is uniquely generated when you log on to the website and persists only as long as your browser is open. Upon your departure from this website and closure of your browser, the information in the session cookie is removed from memory. This website will also set a temporary cookie to remember your first name so that your subsequent visits are personalized, but you will still be required to enter your username and password each visit in order to access your account. In order for certain website features to function, you must enable the session cookies setting on your browser.
OVRY uses Remarketing with Google Analytics to advertise online. Third-party vendors, including Google, may show OVRY’s ads on sites across the Internet. OVRY and third party vendors, including Google, use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize, and serve ads based on someone’s past visits to OVRY’s website. OVRY uses data from Google’s interest-based advertising (such as age, gender, and interests) with Google Analytics to identify trends and better serve the needs of OVRY’s business and customers. No information that identifies you as an individual is collected by OVRY through Google Analytics, and you will not be directly contacted by OVRY based on your visit to OVRY’s website without your prior consent. You can opt-out of Google Analytics for Display Advertising, customize Google Display Network ads and customize the information that Google tracks by visiting their currently available opt-outs for the web at: http://www.google.com/settings/ads
Disclaimer and Limitation of Liability:
OVRY assumes no liability for any damage to you, your computer or your other property due to your access to, use of, or downloading of this website or any material on this website.
OVRY strives to provide accurate and up-to-date material on this website. However, OVRY makes no warranty or representation as to the accuracy, completeness or timeliness of the information on this website and assumes no liability or responsibility for any errors or omissions in it. Your use of this website, and the material from it, is solely at your own risk.
This website contains photographs, educational information and instructions that OVRY received from manufacturers or suppliers. OVRY does not investigate the accuracy of this information or provide assurance that all data entry was done without error. Therefore, the information displayed cannot be guaranteed and the actual physical items should be considered the authoritative source. Advice received via this website should not be relied upon for any personal, nutritional, medical, technical, legal or financial decisions. You should consult an appropriate professional for specific advice tailored to your specific situation.
OVRY MAKES NO WARRANTIES, WHATSOEVER, EXPRESS OR IMPLIED, AS TO THE PRODUCTS SOLD OR THE SERVICES PROVIDED BY OVRY INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, QUALITY OR QUANTITY. SHOPPING AT OVRY AND THE SERVICES AND PRODUCTS LISTED ON THIS WEBSITE ARE PROVIDED ON AN "AS IS” AND "AS AVAILABLE” BASIS. PRICE AND AVAILABILITY IS SUBJECT TO CHANGE WITHOUT NOTICE. OVRY WILL NOT BE LIABLE TO YOU IN THE EVENT THAT IT CANNOT SUPPLY YOU WITH A PARTICULAR PRODUCT OR SERVICE.
OVRY, AND ANY OF OVRY (OR ITS AFFILIATES) AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS OF ANY OF THEM, EXCLUDE ALL LIABILITY AND RESPONSIBILITY FOR ANY AMOUNT OR KIND OF LOSS OR DAMAGE THAT MAY RESULT TO YOU OR A THIRD PARTY (INCLUDING ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, BUSINESS INTERRUPTION LOSS, LOSS OF OPPORTUNITY OR BUSINESS OR LOSS OF ANTICIPATED SAVINGS AND WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE OR IF INFORMED OF THE POSSIBILITY OF SAME) IN CONNECTION WITH ANY PRODUCTS, SERVICES, THIS WEBSITE OR IN CONNECTION WITH THE USE, INABILITY TO USE, THE RESULTS OF USE, PERFORMANCE OR NON-PERFORMANCE OF THE PRODUCTS, SERVICES, THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE OR THE MATERIAL ON THESE WEBSITES, OR ARISING FROM YOUR FAILURE TO COMPLY WITH THESE TERMS AND CONDITIONS.
NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, IN THE EVENT THAT OVRY BECOMES LIABLE TO YOU FOR ANY REASON, IN NO EVENT SHALL OVRY’S LIABILITY FOR ANY AND ALL CLAIMS, DAMAGES, AMOUNTS OR FEES OF ANY KIND, HOWSOEVER ARISING, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER ANY OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE EXCEED IN AGGREGATE FOR ANY ONE CLAIM OR FOR ALL CLAIMS, $2,000,000.
Waiver of Jury Trial and Class Action Rights
WITH RESPECT TO ANY DISPUTE WITH OVRY, AND ANY OF OVRY (OR ITS AFFILIATES) AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS, ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS: (I) YOU HEREBY GIVE UP YOUR RIGHT TO HAVE A TRIAL BY JURY; AND (II) YOU HEREBY GIVE UP YOUR RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INCLUDING BUT NOT LIMITED TO CLASS ACTION LAWSUITS INVOLVING ANY SUCH DISPUTE.
Limitation of Time
You agree that you will not bring a claim under these Terms and Conditions more than 12 months from when your claim first arose.
Applicable laws require that some of the information or communications OVRY sends to you should be in writing. When using this website, you accept that communication with us will be mainly electronic. OVRY will contact you by email or provide you with information by posting notices on OVRY’s website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that OVRY provides to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that O V R Y and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of [Describe company’s goods/service offerings - this should be broad and general to encompass any type of message you may send. Messages outside of this scope may not be allowed under the TCPA]. Messages may include checkout reminders.
Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at firstname.lastname@example.org. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes: - Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity; - Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age; - Pirated computer programs, viruses, worms, Trojan horses, or other harmful code; - Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received; - Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and - Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge Inc. d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Revelstoke, British Columbia before one arbitrator. The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which O V R Y’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Florida Law: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
SECTION 1 - WHAT DO WE DO WITH YOUR INFORMATION?
When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.
When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.
Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.
Text marketing (if applicable): With your permission, we may send text messages about our store, new products, and other updates. Updates include Checkout Reminders. Webhooks will be used to trigger the Checkout Reminders messaging system.
You may not transfer any of your rights or obligations under these Terms and Conditions without OVRY’s prior written consent. OVRY may transfer any of OVRY’s rights or obligations under these Terms and Conditions without your prior written consent to any business that OVRY enters into a joint venture with, purchase or are sold to.
OVRY may modify these Terms and Conditions at any time, from time to time and without notice.
Invoice Not to Modify Terms and Conditions
The provisions of these Terms and Conditions shall prevail in the case of a conflict with the terms and conditions of an invoice or other similar document.
Events Outside OVRY’s Control
OVRY will not be liable or responsible for any failure to perform, or delay in performance of, any of OVRY’s obligations that is caused by events outside OVRY’s reasonable control (a “Force Majeure Event”), including but not limited to strikes, lock-outs, riot, terrorist attack, war, fire, explosion, storm, flood, earthquake or other natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of transport; impossibility of the use of public or private telecommunications networks; and the acts, decrees, legislation, regulations or restrictions of any government.
OVRY’s performance under these Terms and Conditions is deemed to be suspended for the period that the Force Majeure Event continues, and OVRY will have an extension of time for performance for the duration of that period. OVRY will use its reasonable efforts to bring the Force Majeure Event to a close or to find a solution by which OVRY’s obligations under these Terms and Conditions may be performed despite the Force Majeure Event.
Applicable Law: This website originates in the Province of British Columbia, Canada. You agree that the laws of British Columbia, Canada govern any use of this website, without regard to rules related to conflict of laws. The courts of the Province of British Columbia shall have exclusive jurisdiction over all disputes arising out of or in relation to the use of this website.
Waivers: All waivers must be in writing. Any waiver or failure to enforce any provision of these Terms and Conditions on one occasion shall not be deemed a waiver of any other provision or of such provision on any other occasion.
Severability: If a court of competent jurisdiction holds any provision of these Terms and Conditions is illegal or invalid, the provision shall be automatically severed from these Terms and Conditions. Any such determination shall not affect the legality or validity of the remaining provisions or remaining parts or unaffected provisions of these Terms and Conditions.
Headings: The headings in these Terms and Conditions are included for convenience only and shall not affect their interpretation.
Entire Agreement: These Terms and Conditions of use and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.