Terms & Conditions

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TERMS AND PRIVACY

1. AGREEMENT TO BE BOUND BY THE TERMS OF USE AND PRIVACY POLICY

Please read these terms of use (the “Terms of Use”) and the related privacy policies (the “Privacy Policy”, together with the Terms of Use, the “Terms”) carefully. These Terms, as amended from time to time, apply to the Poppy Finch website located at www.poppyfinch.com (the “Site”). The Site is the property of Poppy Finch Inc. (collectively, “We”, “Us”, “Our” or “Poppy Finch”). By using the Site you agree to the Terms and you consent to the collection, use and disclosure of your information as described herein. If you don’t agree to the Terms then you must exit the Site immediately and discontinue using the Site. Your continued use of the Site will be deemed to be your agreement to be bound by the Terms.

We are free to change the Terms at any time by revising the Terms found on the Site. You agree that no other notice will be required in order to change the Terms. If you don’t agree with any change made to the Terms then you must exit the Site immediately and discontinue using the Site. Your continued use of the Site will be deemed to be you agreement to be bound by the revised Terms.

To the extent the Terms conflict with any other Poppy Finch terms or policy, the Terms will govern to the extent of that conflict.

2. CONTENT

All text, graphics, user interfaces, interface design and layout, visual interfaces, designs, photographs, trademarks, logos, written content, images, illustrations, sound or video clips, software code and animation found on the Site (collectively, “Content”), including but not limited to the structure, selection, coordination, expression and arrangement of such Content, is owned, controlled or licensed by or to Poppy Finch, and except as expressly provided in these Terms, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Our express prior written consent.

3. YOUR USE OF THE SITE

Subject to the Terms, www.poppyfinch.com hereby grants you a revocable, non-transferable, non-exclusive, personal and limited license to use and view the Site, solely for purposes of purchasing or reviewing Poppy Finch products and not for any commercial use or for use with, or on behalf of, any third party. The Site may be accessed and used only by individuals who can form legally binding contracts under applicable laws and who are not barred from using the Site under applicable laws. You may not use the Site or any Content for any purpose that is unlawful or prohibited by the Terms, or to solicit the performance of any illegal activity or other activity which infringes our rights or the rights of others.

With your limited license you may download or print pages and images from the Site for your own personal use only. You may re-copy, extract, or forward pages from this Site to a third party for their personal use only. With your limited license, you agree that you will not make any modifications to any pages, images, content that you copy, email, post, forward, share, in any way. You will acknowledge credit to www.poppyfinch.com and ensure that all acts comply within our Terms. Should you wish to incorporate any part of www.poppyfinch.com into any work or publication, including incorporation into an electronic organization, you must contact Poppy Finch for our express prior written consent.

We reserve the right to ask for the removal of any content that violate these Terms or that is otherwise in our opinion, offensive or inappropriate misuse of information or Content found on the Site or owned by Poppy Finch.


You acknowledge and agree that Poppy Finch, in its sole discretion and without notice or any further obligation to you, may temporarily or permanently suspend or discontinue and refuse any and all current and future, access to or use of the Site. You agree that you will not resell for commercial purposes products purchased through use of the Site. You agree that you will not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site.

You agree that you will not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Poppy Finch server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means. You agree that you will not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Poppy Finch to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any systems or networks connected to the Site. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site. You agree that you will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. You agree that you will not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Poppy Finch or others.

4. GRANT OF LICENSE

The Site may be accessed and used only by individuals who can form legally binding contracts under applicable laws and who are not barred from using the Site under applicable laws. You may not use the Site or any Content for any purpose that is unlawful or prohibited by the Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes our rights or the rights of others.

5. REGISTRATION AND ACCOUNT RESPONSIBILITY

Registration on the Site is available to anyone nineteen years or older who truthfully and accurately provides all required information, including a legitimate address, and who obtains a unique username and password. Each time you log in to the Site you will be confirmed an authorized user as defined within Our Terms. You are solely responsible for protecting the security and confidentiality of your username and password. You are solely responsible for any and all access to, and activities performed on our Site including but not limited to, all transmissions and obligations (i.e. financial obligations) with your username and password or any other breach or threatened breach of the sites security of which you become aware.

You may not use false or misleading contact information, pretend to be someone other than yourself, or otherwise mislead Poppy Finch or our service providers.

6. ELECTRONIC COMMUNICATION

You consent to receive electronic communications from Poppy Finch either in the form of email sent to you at the email address listed on your account or by communications posted on the Site. You acknowledge and agree that any electronic communication in the form of such email or posting on the Site shall satisfy any legal requirement that such communication be in writing.

7. LINKS TO OTHER SITES

The Site may contain links to websites and other resources operated by third parties. Such links are provided solely as a convenience to you. We do not control such third party websites, and we are not responsible for the content, products, services or information offered by any third parties. The inclusion of links to such websites on the Site does not imply any endorsement of any website or the content, products or services offered, advertised, endorsed or promoted by any third party, or of any company or person. If you decide to access any third party websites or acquire any third party products or services, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties.

8. COLLECTION USE AND DISCLOSURE OF YOUR INFORMATION

Poppy Finch considers your privacy and online safety of utmost importance. By placing an order with Poppy Finch you give us your consent to process and use your personal data in accordance with the Terms. Personal information collected may be used to contact you regarding your orders or returns. With a www.poppyfinch.com account, you will automatically be added to our mailing list. Should you wish not to receive updates you may unsubscribe from our mailing list at any time by clicking ‘unsubscribe’ found on the bottom of any newsletter sent to your email.

We may also use the information that we collect from you to:

Please note Poppy Finch does not knowingly collect personally identifiable information from anyone under the age of nineteen. Please do not submit any personal details if you are under nineteen years of age – you may rely on your parent or guardian to assist you.
Poppy Finch may provide certain information to third party service providers who perform specific functions on our behalf. For example, We may share your mailing address and other contact information with our delivery partners. Please note Our service providers (i.e. web hosting, credit card processing and others) may have access to all or parts of the information We maintain. All such information to third parties is limited to the information required to perform their functions. We seek to limit third-party use of information, however We are not responsible for such third-party use of information that is not in compliance with the Terms.

Poppy Finch may be involved in the sale or transfer of some or all of its business. As part of that sale or transfer, Poppy Finch may disclose your personal information to the acquiring organization, but will require the acquiring organization to agree to protect the privacy of your personal information in a manner that is consistent with the Terms. Poppy Finch has no liability for the acquiring organization’s use and disclosure of your personal information. Without limiting the generality of the foregoing, we reserve the right to transfer or assign all your information, without your consent or notification, pursuant to a merger, sale, reorganization, purchase or other transaction in relation to Poppy Finch.

9. SECURITY OF YOUR PERSONAL INFORMATION

Personal information is only gathered at the point of purchase and all information is gathered securely using an SSL certificate/secure server. Poppy Finch uses appropriate security measures to protect the information you give us. However, although we take all reasonable steps to protect your personal information, you should recognize that there is no “perfect security” and as such, no Internet data transmission can be guaranteed to be secure from access by unintended recipients. You agree that Poppy Finch will not be held responsible for any breach of your security unless this is due to our gross negligence.

Poppy Finch may use certain tracking data. Tracking data information may be used for a variety of purposes, including, without limitation, to compile statistical, demographic, or aggregated information about visitors to the site generally, and also may be used to create reports on user demographics and the traffic patterns of the Site. The reports that are generated from tracking data information are used for a variety of purposes, including, for example to improve the Site and Our services.

10. SITE DIRECTED AT VISITORS FROM CANADA AND THE U.S.A.

Please note the Site is directed and intended for the use of visitors residing in Canada and the U.S.A. However, the Site may be accessed by visitors residing outside of Canada and the U.S.A. with the realization that we make no warranties that www.poppyfinch.com is appropriate or available for use in countries outside of Canada and the U.S.A. Visitors who choose to access www.poppyfinch.com from outside of Canada and the U.S.A. do so at their own initiative and are responsible for compliance with any and all local laws and regulations that may apply to such access.

11. PRODUCT INFORMATION

The availability of products on the Site may be limited to the quantities listed on the Site. In some cases, products displayed on the Site in images or other intellectual content, may not be available for purchase on www.poppyfinch.com. We try to maintain accurate information on the Site regarding product availability, size, and pricing, however we cannot guarantee any such accuracy. In addition, the actual colors of the products displayed on the Site will depend on the settings of your monitor, and Poppy Finch cannot guarantee that your monitor’s display of any colour will be completely accurate.

12. SITE TRANSACTIONS

We reserve the right to refuse, in our sole discretion, any order placed on the Site (including, without limitation, orders placed with incorrect information or errors in pricing, including, without limitation, any such errors made by Poppy Finch). We further reserve the right to change or modify any order placed on the Site. In the event any order is cancelled or changed, Poppy Finch will attempt to notify you of such cancellation or change; however, we cannot guarantee that you will receive such notice.

13. DISCLAIMERS

We disclaim any responsibility for the deletion, the failure to store, the mis-delivery, or untimely delivery of any information or material including, without limitation, any purchase order submitted to or transmitted through www.poppyfinch.com.

We do not warrant that the Site will be uninterrupted or error free. In addition, we do not make any warranty as to the Content on the Site. Poppy Finch and the Content and services available on the Site are distributed on an “as is, as available” basis. Any material that you download or otherwise obtain through the Site is done at your own discretion and risk, and you will be solely responsible for any damages to your computer system or loss of data that results from your download of any material. We make no warranties of the following:

By using the Site you expressly agree to assume the entire risk as to the quality and performance of the Site and the accuracy or completeness of its Content.

In no event shall Poppy Finch, or any third-party involved in the creation and maintenance of the Site and its Content, be liable for any damages (including without limitation, direct, incidental, special, consequential, indirect, or punitive damages, or damages resulting from lost profits, lost data or business interruption) arising out of your access to, use, or inability to access or use the site, including damages to your computer equipment.

As noted above, we reserve the right to terminate your access, or suspend any user’s access to all or part of the Site without notice or recourse, for any conduct that Poppy Finch believes is in violation of any applicable law or of these Terms, or that We believe to be harmful to the interests of another user, a service provider, Poppy Finch or its affiliates.

By visiting/using the Site, you agree that the laws of the province of British Columbia, without regard to principles of conflict of laws, will govern the Terms and any dispute of any sort that might arise between you and Us. You agree that any action at law or in equity that arises out of or relates to any use of the Site will be filed only in the provincial or federal courts located in British Columbia, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

14. OUR ADDRESS

If you have any questions about these policies, the practices of this site, or your dealings with this site, please contact us at:

 

Poppy Finch Inc.

poppyfinch.com
3507-1328 West Pender St.
Vancouver, BC V6E 4T1
Canada
778-653-4053
info@poppyfinch.com