Terms & Conditions
Welcome to http:// www.shop.mbcountryliving.ca (the “Site”) operated by Minor Bros Farm Supply Ltd. (“MB COUNTRY LIVING”), its affiliates, and/or subsidiaries (together with MB COUNTRY LIVING, “us”, “we”, or “our”). The Site is comprised of various web pages, tools, software, content, video software, online payment methods, information, and features operated by MB COUNTRY LIVING as part of its product information description and details, order placement details for all its products.
Please read the following Terms and Conditions for use of the Site.
1. ACCEPTANCE OF TERMS
Access to and use of the Site and purchase of any products or service from us through the Site are conditioned upon acceptance of and compliance with these Terms and Conditions. Your access to and use of the Site and purchase of any products or service from us through the Site constitutes your agreement to follow these Terms and Conditions.
We may change these Terms and Conditions at any time without notice, so we recommend you review them each time you access the Site or place an order. Any amendment will be posted on the Site and will be effective from the date posted.
Should you object to any term or condition of the Terms and Conditions, any guidelines we may post on the Site, or any subsequent modifications thereto or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site.
2. CONDITIONS OF USE
The Site is available only to individuals who have attained the age of 18 years. You represent and warrant that you are of legal age and competent to enter into a valid contract, and that all account or registration information you provide through the Site is correct and truthful.
You may be asked to register or create an account with us through the Site. If you register or create an account, you are responsible for maintaining the accuracy of your registration information and confidentiality of your account and password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
By submitting any user or payment information on the Site, you (i) represent that such information is not confidential, secret or proprietary information belonging to someone else; and (ii) warrant that no other party has rights to the information and that your submission of the information does not violate any copyright or other laws.
You understand that we are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
You acknowledge that the Site does not pre-screen or approve Content, but that MB COUNTRY LIVING shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Site, for violating the letter or spirit of the Terms and Conditions or for any other reason.
We reserve the right to refuse service, terminate accounts, remove or edit content or cancel orders in our sole discretion. MB COUNTRY LIVING shall be the final decision-maker of whether you have violated the Terms and Conditions in a manner that results in the suspension or permanent barring from participation in the Site.
3. THIRD PARTY CONTENT AND SITES
The Site and Content available through the Site may contain features and functionalities that may link you or provide you with access to third-party sites or content which is completely independent of MB COUNTRY LIVING including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or Sites, and the Internet as a whole. MB COUNTRY LIVING makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such third-party site. Your linking to any other websites is at your own risk.
You agree that MB COUNTRY LIVING shall not be responsible or liable for any loss or damage of any sort incurred as the result of any third-party interactions. If there is a dispute between you and any third party, you understand and agree that MB COUNTRY LIVING is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release MB COUNTRY LIVING, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or use of our Site.
MB COUNTRY LIVING's responsibilities are limited as below:
You agree that MB COUNTRY LIVING cannot and does not guarantee or warrant that the Site will be free of viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties.
You agree that use of the Site and the Internet, without limitation, is solely at your own risk and is subject to all applicable local, state, national and international laws and regulations.
You agree that the Internet is not a secure network and that third parties may be able to intercept, access, use or corrupt the information you transmit over the Internet. MB COUNTRY LIVING is not responsible for invalid destinations, transmission errors, or corruption, interception or security of user data. You further understand and agree that MB COUNTRY LIVING has no control over third party networks or sites that you may access in the course of use of the Site, and that delays and disruptions of other network transmissions are completely beyond the control of MB COUNTRY LIVING.
The Site is intended solely for private and personal non-commercial use. Any other use or any attempt to use the Site in any way that violates any law, rule or regulation for the time being in force, or for any other purposes is strictly prohibited and you understand and agree that MB COUNTRY LIVING shall not be responsible for the same.
You are responsible for researching and complying with any applicable laws, regulations or restrictions on links, or items or Sites described or offered in links.
You understand and agree that there are risks in dealing with online payment methods. You should be attentive of giving personal information.
5. LICENSE TO USE CONTENT PROVIDED
By supplying your Content for upload to the Site, you grant MB COUNTRY LIVING a no-charge, non-exclusive, perpetual, irrevocable and fully sublicensable right to use, produce, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, disclose and display such information and Content for all purposes including commercial purposes.
6. FEES AND PAYMENTS
Our store is hosted on our secure cloud server and runs on the Odoo platform. This provides us with the online e-commerce platform that allows us to sell our products and services to you. Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Unless otherwise stated, all product prices are quoted in CAD Dollars. You are responsible for paying all prices and applicable taxes related with the Site use.
You are responsible for all taxes and tariffs related to intercountry shipments. MB COUNTRY LIVING will collect and report state and local taxes applicable to the User's shipping address. MB COUNTRY LIVING does not in any manner whatsoever hold liability for any errors in payment amounts, method, technical problems in payment, etc. The Site does not, at any time, receive or hold any monies intended for users.
You shall not use any device, software or routine to undermine the usability or interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site. You shall not take any action which imposes an unreasonable or disproportionately large load on the Site infrastructure.
8. RIGHT TO CHANGE, MODIFY OR TERMINATE SITE
Without prejudice to any other rights that it may have, MB COUNTRY LIVING reserves the right and sole discretion to change, limit, terminate, modify or alter at any time, temporarily or permanently cease to provide the Site or any part thereof to any user or group of users, without prior notice and for any reason or no reason. You will be deemed to have accepted any modifications if you continue to use the website after they have been posted. Such modifications shall become effective immediately upon the posting thereof.
MB COUNTRY LIVING may suspend or terminate access to or use of the Site if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions. MB COUNTRY LIVING may also in their sole discretion and at any time discontinue providing the Site or any part thereof and shall not be liable for any termination of access to the Site.
9. NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements to MB COUNTRY LIVING or email addresses through MB COUNTRY LIVING computer systems, is expressly prohibited by this Terms and Conditions. Any unauthorized use of MB COUNTRY LIVING computer systems or electronic information is a violation of the Terms and Conditions and certain federal and state laws, such violations may subject you to civil and criminal penalties.
10. USE OF MB COUNTRY LIVING'S PRODUCTS
To protect their security and value, Products may not be resold, re-licensed, transferred or otherwise further distributed without prior written permission from MB COUNTRY LIVING. Reselling on any online site or by any other method is strictly prohibited and will disqualify the reseller from future purchases of MB COUNTRY LIVING Products. The User's purchase of MB COUNTRY LIVING Products does not grant the User a right to reproduce additional copies of products.
11. INTELLECTUAL PROPERTY RIGHTS
The Site is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Site is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Site or the collective work, and/or copying or reproducing the Site or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of MB COUNTRY LIVING.
All title and intellectual property rights (including without limitation, copyrights, patents, trademarks and trade secrets) in and to the Site and Content which is not provided by you and applications (including but not limited to, related software and including but not limited to any images, graphics, photographs, animations, video, audio, text, API’s and "applets," incorporated into the software, and any copies of the software) are owned by MB COUNTRY LIVING, its affiliates or suppliers. All title and intellectual property rights in and to third party information and Content which may be accessed through use of the Site are the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties.
You confirm that any Content which you provide: (a) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (b) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (c) shall not be defamatory, trade libellous, unlawfully threatening or unlawfully harassing; and (d) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. The Site may at its discretion, in appropriate circumstances, terminate or suspend Site and/or access to the Site in the case of users who infringe the intellectual property rights of others.
These Terms and Conditions do not grant you any rights to use such Content, other than the right to use the Site according to the terms of the Terms and Conditions. You further agree not to reproduce, duplicate or copy Content from the Site without the express written consent of MB COUNTRY LIVING, and agrees to abide by any and all copyright notices displayed on the Site. You agree that you will not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Site.
12. GEOGRAPHICAL EMBARGOES AND RESTRICTIONS
Please note that MB COUNTRY LIVING may restrict the sale of certain products within specific geographic regions because of various contractual arrangements. If the Product(s) have been rightfully obtained within Canada, User warrants and represents that neither the products nor any technical data received by the User from MB COUNTRY LIVING will be exported outside of Canada, except as authorized.
13. RISK OF LOSS AND RETURNS
Shipping within Canada is FOB Destination with freight from MB COUNTRY LIVING warehouse charged to the User. Returns are to be made in accordance with the MB COUNTRY LIVING Returns Policy.
14. DISCLAIMER OF WARRANTIES
MB COUNTRY LIVING PROVIDES THE SITE ON AN "AS IS" AND AS AVAILABLE BASIS, AND HEREBY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, COMPATIBILITY OF SOFTWARE PROGRAMS, INTEGRATION, LACK OF VIRUSES OR OTHER DISABLING CODE OR CONDITION OR THOSE WARRANTIES WHICH MAY ARISE BY COURSE OF DEALING, OR COURSE OF TRADE. ANY MATERIAL DOWNLOADED OR OTHERWISE THROUGH THE USE OF THE SITE IS DONE AT THE YOUR’S OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM AND LOSE OF DATA THAT RESULT FROM THE ABOVE.
MB COUNTRY LIVING DOES NOT WARRANT THE SECURITY OF THE SITE OR, INFORMATION, SOFTWARE, CONTENT, AND FEATURES AVAILABLE, OR THAT IT WILL BE UNINTERRUPTED, MEET YOUR REQUIREMENTS, TIMELY ERROR-FREE, PROVIDED PROPERLY OR COMPLETELY, OR BE AVAILABLE 24 HOURS PER DAY, 7 DAYS PER WEEK.
15. LIMITATION OF LIABILITY
IN NO EVENT WILL MB COUNTRY LIVING BE LIABLE TO ANY PARTY FOR (I) ANY TERMINATION OF USER ACCESS TO THE SITE, ANY SPECIAL, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) OR ANY OTHER DAMAGES ARISING IN ANY WAY FROM OR IN CONNECTION WITH THE AVAILABILITY, USE, RELIANCE ON, PERFORMANCE OF THE SITE, PROVISION OF OR FAILURE TO PROVIDE THE SITE, LOSS OF DATA, YOUR ACCESS OR INABILITY TO ACCESS OR USE THE SITE OR THE USE AND RELIANCE ON LINKS, INFORMATION OR CONTENT AVAILABLE ON OR THROUGH THE SITE, INCLUDING VIRUSES ALLEGED TO HAVE BEEN OBTAINED, OR INVASION OF PRIVACY FROM OR THROUGH THE SITE, EVEN IF MB COUNTRY LIVING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE; OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER DYSFUNCTION IN, OR DESTRUCTIVE PROPERTIES OF, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, MB COUNTRY LIVING'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You agree to defend, indemnify and hold harmless MB COUNTRY LIVING, its affiliates, representatives, and its officers or partners, directors, employees, agents and suppliers from any claim or demand made by any third party due to or arising out of any activity by you on the Site and through use of the MB COUNTRY LIVING’S products purchased on the Site, your violation of these Terms and Conditions or your violation of the rights of any party and against all liabilities, costs and expenses, including reasonable legal/attorney's fees, related to or arising from: (a) any violation of this Terms and Conditions by you (or any parties who use your computer, with or without his permission, to access the Site); (b) the use of the Site or the Internet or the placement or transmission of any message, payment transactions information, software or other materials on the Internet by you (or any parties who use your computer to access the Site, with or without his permission); (c) negligent acts, errors, or omissions by you (or any parties who use your computer to access the Site, with or without your permission); (d) injuries to or death of any person and for damages to or loss of any property, which may in any way arise out of or result from or in connection with this Terms and Conditions; or (e) claims for infringement of any intellectual property rights arising from the use of the Site or the Internet.
17. DATA MANAGEMENT
You are solely responsible for obtaining, installing, and maintaining suitable equipment and software, including any necessary system or software upgrades, patches or other fixes, which are or may become necessary to access the Site.
You are also responsible for the development and maintenance of any security procedures which you deem appropriate, such as logon security and encryption of data, user ID and password on your router and firewalls, to protect your information.
MB COUNTRY LIVING is not responsible for back-up and restoration of user information or for any loss of or disablement of access to such information, including without limitation, email and address book information. You agree that information required by the Site software (including any personalization information) and other identifying information requested by MB COUNTRY LIVING or its portal supplier may be placed in the Site’s user directory.
18. MISCELLANEOUS PROVISIONS
If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law and the remaining portions shall remain in full force and effect.
This Agreement shall be governed by the laws of the Province of Ontario and of Canada, without regard to any conflict of laws, provisions, except that the United Nations Convention on the International Sale of Goods shall not apply. You hereby consent to the exclusive jurisdiction of the Superior Court of Justice in Toronto, Ontario Canada, and that court shall be the exclusive forum for any dispute arising out of this Agreement or the performance of the obligations hereunder.
These Terms and Conditions constitute the entire agreement between you and MB COUNTRY LIVING with respect to the subject matter herein and supersedes any and all prior or contemporaneous agreements whether written or oral. The User agrees not to assign or otherwise transfer these Terms and Conditions in whole or in part; any attempt to do so shall be void. Any terms varying from this Terms and Conditions in any written or electronic communication from the User are void. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
19. EFFECTIVE DATE
This Terms and Conditions are effective on December 18, 2020.