| Wrought
Iron Haven
a division of Gift Box Portal Online Inc. (at times referred to below
as we and us )
To place an order on our website, please use
our secure on-line Hacker Safe
shopping cart and enter your credit card or PayPal information. If you
have questions regarding any of our products, you can email us 24 hours
a day, 7 days a week.
PLEASE READ THE FOLLOWING TERMS
AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE.
All users of this web site (at times referred to below as you )
agree that access to and use of this web site are subject to the following
terms and conditions and other applicable law. If you do not agree to
these terms and conditions, please do not use this web site.
1. Options for Ordering
Our Products
You can order our products available on this web site in various ways.
Online: www.wroughtironhaven.com
Orders can be placed online 24-7 with our
secure online shopping cart.
Email:csr@wroughtironhaven.com
Orders can be accepted through email by
sending us a list of item numbers with your billing and shipping information.
One of our sales representatives will call you to verify your order particulars
and obtain your credit card information. A $2.95 fee for email orders
will be added to your total.
Telephone: 1.800.748.8717 ext # 3
Operators are standing by to accept telephone
orders 6am-9pm central time. A $2.95 fee for telephone orders will be
added to your total.
Please have your item numbers and credit card ready.
2. Methods of Payment
All payments to be made for our products must be in lawful currency of
the United States.
We accept Visa or Mastercard (2-4 day processing time + shipping transit
time)
Orders are charged in full at the time
of confirmation with the credit card issuer. Charges may not show up on
your credit card issuer's statement for up to 5 business days following
our receipt of confirmation.
Debit Cards that have the Visa or Mastercard
symbol (2-4 day processing time + shipping transit time)
Orders are charged the total cost at time
of confirmation. Charges may not show up on your issuing bank statement
for up to 5 business days.
Paypal (2-4 day processing time + shipping transit time)
Paypal will accept AMEX, Discover, VISA
and Mastercard credit cards. PayPal payments are instant payments unless
you are using their Echeck feature through your bank account. Echecks
can take up to 10 business days to clear. Inventory is not held for Echeck
payments. If an item included with your order sells out before your payment
clears we will notify you. More info on PayPal
Once you submit an order online
to us, you cannot change the order due to our automated online processing
system.
3.
RETURN POLICY - Money Back Guarantee
We pride ourselves
in carrying high quality items and we hope that you will be pleased
with your order. Nevertheless, rest assured that you can return
any product that we have not made to your custom specifications
(products made to your custom specifications are non-returnable
unless there is an inherent defect in the product). We want you
to be 100% happy with the wrought iron products you have purchased
from us! We GUARANTEE IT 100%
If you need to return a product
purchased from us, please send an email to returns@wroughtironhaven.com
or call us toll free at 1.800.748.8717 within 7 calendar days
of receiving your order for an authorization return # number and
return shipping address information. We will accept authorized
returns on products purchased from us within 7 calendar days after
providing you with an authorization return number as long as the
products are unused and in the original packaging. Please do not
try to return products to us without an authorization return number.
You must return your product using
a commercial courier or other traceable delivery method offered
by entities such as UPS or the United States Parcel Post service.
We will not accept returns sent COD. Upon our receipt and confirmation
of your authorized product return, your credit card, debit card
or PayPal account will be credited for the full amount of the
purchase price and the tax paid (if any), less shipping charges
including return shipping. A 15% restocking fee will be charged
on return items. If you receive your product from us damaged in
the course of delivery to you, please hold the product together
with its original packaging and call the delivery carrier for
inspection and pick-up. If you receive the wrong product, or a
damaged or defective product shipped by us, you may choose to
have the product replaced. Alternately, you may also receive a
refund of the purchase price. If the product shipped was not the
product you ordered, you may elect to have the correct product
shipped. Please call us for an authorization return number if
any of the foregoing matters occur to you.
Custom/Personalized items
are non returnable: we are unable to resell these products
which are etched with your personal name or other custom specification.
|
4. Back Orders
We usually have a large stock of products but if you purchase a product
we have on back order, an email will be sent to the email address you
provided to us informing you of the day that particular product will be
available and when your order will ship in full. In this event, there
will be a delay in shipping your order. Our customers who have ordered
a back order item may elect to have the remainder of the order shipped
first and the back ordered item shipped when available. An additional
shipping charge will be required for a splitting of the order. Canceling
back order items is also an option. Note: our shopping cart automatically
charges your credit cards or debit card the entire amount due for your
order when it is placed with us. If, after notifying you of a back order
situation, you request a cancellation of your order, we will issue you
a complete credit refunding any monies paid using the identical payment
protocol you used in placing and paying for the order in the first instance.
5. Canceled Orders
We may cancel your order during our processing time
frame before shipment to you. This may occur for several reasons outside
our control. For example, if an item ordered is out of stock, the complete
order may be cancelled to allow for a faster reordering by you. If your
payment was declined or returned NSF, this would also cause a cancellation
of your order. If an order is unable to meet a delivery deadline, it may
also be cancelled. Despite any initial acceptance of your order, we reserves
the right to cancel any order at any time with a full refund given to
you for any amount otherwise paid and without further compensation or
any liability from us to you. If we have to cancel your order for any
of the reasons noted above or otherwise, we will notify you by email as
soon as we are in a position to inform you of the same.
6. Sales Tax
 All
prices are subject to applicable federal, state and/or provincial sales
taxes, handling charges and shipping charges .Orders shipped within
the United States are tax-exempt!
All US-based shipments are billed tax free.
Sales tax (HST or GST) will only
be assessed for orders that are shipped to Canada. This is
due to the fact that our corporate office is in Vancouver, BC, Canada.
7. Delivery Time
Most orders ship within 2-4 business days from the date when the order
was placed with us. This shipping time is displayed on each product page.
Custom/Personalized Items: Orders
ship within 4-6 weeks from the date when the order was placed with us.
This shipping time is displayed on each product page. Our shipping time
frame is an estimate only and does not include any customs or border delays
if your order is being shipped outside of the continental United States.
If you require a rush order, please email or call us at 1.800.748.8717
to discuss special arrangements.
8.
Shipping
We have a few suppliers for our wrought iron products. Your order may
arrive in two separate packages if we have ordered from different suppliers.
There is no additional fee for the split in shipment.
All shipments are
sent with a traceable method only. Pick-ups
are not available.
US shipments
are sent Ground, 2nd Day or Next Day UPS. The shipping fee is based on
weight automatically calculated through our shopping cart. All shipping
times quoted are based on the time it leaves our warehouse. If you need
something to arrive within 48 hrs, please contact us at 1.800.748.8717.
Pick-ups are not available.
Hawaii/Virgin Island/Canada shipments
are sent Standard UPS or USPS Global Express Mail
(EMS) . The shipping fee is based on weight automatically calculated through
our shopping cart. All shipping times quoted are based on the time it
leaves our warehouse (2-3 days for the Genuine Collection and 2-4 weeks
for the GMC Custom Furniture Collection). We can not offer 2nd day or
overnight services to our Hawaii/Virgin Island/Canada customers due to
border/customs delay.
International shipments
are shipped via USPS International
Priority. Larger orders are shipped UPS only and are by quote.
PO Box & APO addresses
will automatically be sent via United States Postal Service as UPS will
not ship to these destinations. If there is a problem with your shipping
address we will contact you.
Orders being shipped outside the
US through border crossings:
Certain countries may charge additional fees, such as custom fees and
independent carrier fees. We cannot anticipate these fees and will not
be able to reimburse you for any additional fees incurred or predict additional
shipping time due to these border or customs issues. Please contact your
local customs office or branch office of the Postal Service to determine
what type of fees you may expect based upon the type of product you wish
to order. If for any reason your package is undeliverable and is returned
to our warehouse you will be charged for the extra return delivery costs
we incur together with a restocking fee of 15%. Our head office and payment
gateway is located in Vancouver,BC, Canada; in some cases the issuing
bank of a credit card may charge a foreign order fee. We cannot anticipate
these fees and will not be able to reimburse you for any additional charges
incurred by your issuing bank. These charges are also non refundable by
us. Contact your issuing credit card or debit card company for any information
regarding this type of fee, if any.
FREE Shipping
We will ship your package
free of charge via standard shipping (7-10 business days) if your total
order is equal to or more than $200 before the packaging
fee and your shipping address is within the continental United States
not including AK, GU, HI, VI, PR, APO, DPO or FPO.
No Coupon Code Needed: At checkout you will see the FREE
SHIPPING option. If you wish faster service you may elect to
choose the other UPS Rates Available and pay for faster shipping.
Not valid with other coupons or discounts
or for any previous/current orders. All coupon codes will be disabled
during this promotion. This offer is non refundable on returns or exchanges.
We reserve the right to cancel this promotion at any time and for orders
we feel do not qualify for the shipping discount. Note: our $5.95 package
and handling fee still applies with this promotion.
9. Package & Handling
Fee
As an online retailer we know
the cost of hiring staff to package and handle your order for shipping.
This fee is added to your order to cover those costs. Unlike other online
companies who charge upwards of a $10 handling fee, ours is modest in
comparison, visible in your cart before you checkout with your payment
information.
10. Rush Orders
In the event you would like to request a rush order on any of the items
at Wrought Iron Haven, please call us at 1.800.748.8717 or send us an
email. We will do our best to accommodate you. Unfortunately we can not
offer RUSH to our Canadian & International customers due to border/customs
delay.
Christmas December 24th delivery Guarantee
WE
GUARANTEE you'll receive your order before December 24th or it's FREE! That's a promise!
We experience a high volume of orders during
December for the Holiday season. We know our
customers are anxious to get their orders in
time for Christmas and we will make sure you
get your order on time, even if we have to upgrade
the shipping at no additional cost to you. If
your order is being shipped within the continental
United Stated (not including PO Boxes, HI, AK,
PR, APO or FPO) and you receive it later than
3pm Dec 24th we will give it to you absolutely
free of charge; a refund for the complete order
will be issued in the form of a gift certificate for the full amount including shipping and handling with proof of delivery.
This
offer is for complete orders in transit only;
excludes unshipped orders, wrong items shipped,
orders with a failed delivery, adverse weather
conditions, mechanical failure or damage during
UPS delivery. A failed delivery would be considered
your delivery date. We recommend you follow
your tracking to insure quick arrival.
11. Order
Tracking
Once we have added the tracking number to an order, tracking
the package en route is available at either the US Postal Service or the
UPS website. The following phone numbers can be used:
UPS.com
1-800-PICK-UPS (800-742-5877)
1-800-833-0056 - TTY/TDD Access for the Hearing Impaired
USPS.com - International , PO Box and APO
Canadian Package Tracking
1-800-222-1811
Once a tracking number has been added to your order, we will email it
to you. It will be your responsibility to address any receiving issues
with the carrier. If an order cannot be delivered to you and is subsequently
returned to our office, we will nonetheless be entitled to charge you
the delivery cost, and our packaging and handling and a 15% restocking
fee.
12. Events Beyond
our Reasonable Control
The delivery times for shipment
of our products noted above in these terms and conditions are estimates
only. We will not be liable for any late delivery of orders due to circumstances
beyond our control including border or customs delays, fire, flood, severe
weather conditions, any act of God, riot, act of war (whether or not declared),
act of terrorism, governmental action, pandemic or other health emergency
including quarantine, or labor dispute.
13. Discount
codes
Promotional codes may be applied to an
order and will discount regular priced items. Discount code offers are
not valid on existing orders, sale/clearance priced merchandise, telephone
orders, other promotions and purchases with existing trade/wholesale discounts
(quantity discounts). Discount codes expire after the posted expiry date.
14. Promotional Images
Promotional images on our Site supplied by our manufacturers may vary
slightly from the actual product. Sometimes, an image may contain supplemental
elements or items not included in the sale of the product to enhance the
look of the product from an aesthetic view. If an image element or item
is not specifically listed in the related product description it will
not be included with the product itself. From time to time, the manufacturer
may alter or discontinue an element or related item accompanying a product
and we cannot anticipate these changes. We will do what we can to rectify
an issue and update a product description and its accompanying image when
necessary.
15. Information you provide
We rely on the information you provide through the Site, including registration
information (name and email address), payment information (credit card
and debit card numbers and expiration dates), and transaction-related
information, which must be true, accurate, current and complete. You will
be solely responsible and liable for any and all loss, damage, and additional
costs that you, we or any other person may incur as a result of your submission
of any false, incorrect or incomplete information or your failure to update
your registration information and payment information within 30 days of
any change.
16. Severability
If any provision of these terms or conditions of sale conflicts with any
applicable law or regulation, that provision will be deemed by both of
us to be modified to be consistent with the law or regulation, or be deleted
if modification is impossible, but all other terms and conditions set
forth herein, as modified, will continue.
17.
Non-Waiver of Compliance
If we fail to enforce at any time any provision of these terms and conditions,
any such failure will not be interpreted as a waiver by Gift Box Portal
Online Inc. of the right to act or to enforce such term and condition.
18. Copyright
The entire content included in this web site with the URL www.wroughtironhaven.com
(the Site ), including but not limited to text, graphics
or code is protected by applicable copyright laws and is the property
of Gift Box Portal Online Inc. Other than certain works included on the
Site acquired under license, copyright in all text, graphics and software
code on our Site is copyright Gift Box Portal Online Inc. Permission is
granted to visitors to our Site to electronically copy and print hard
copy portions of the contents of the Site solely for the purpose of placing
an order with us or purchasing our products offered from time to time.
You may display and, subject to any expressly stated restrictions or limitations
relating to specific material available on our Site, download or print
portions of the material from the different areas of the Site solely for
your own non-commercial use. Any other use, including but not limited
to the reproduction, distribution, display or transmission of the content
of the Site is strictly prohibited, unless authorized in writing by Gift
Box Portal Online Inc. If you download any images or other content from
our Site, You must not change or delete any proprietary notices accompanying
such images or content.
19. Trademarks
All trademarks, service marks and trade names used in our Site are trademarks
or registered trademarks of either the owners thereof and used under license
by Gift Box Portal Online Inc. or owned by Gift Box Portal Online Inc.
20. Warranty Disclaimer
OTHER THAN AS SPECIFICALLY SET FORTH IN THESE TERMS AND CONDITIONS, ALL
PRODUCTS SOLD ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT
WARRANTIES, OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, GIFT BOX PORTAL ONLINE INC. DISCLAIMS
ALL REPRESENTATIONS, WARRANTIES, CONDITIONS AND DUTIES OF ANY KIND, EXPRESS
OR IMPLIED, REGARDING THE SITE, OUR SERVICES OR OUR PRODUCTS OFFERED FOR
SALE ON THE SITE INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, DURABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, OF ACCURACY, AVAILABILITY OR COMPATIBILITY AND NON-INFRINGEMENT.
WE DO NOT REPRESENT OR WARRANT THAT THE PRODUCTS SOLD ON THE SITE WILL
PERFORM AS DESCRIBED, OR THAT THEY WILL BE SUITABLE FOR AN INTENDED PURPOSE
SOME JURISDICTIONS DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES,
SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. FOR GREATER CERTAINTY,
THE DISCLAIMERS SET FORTH ABOVE IN NO WAY ARE INTENDED TO DISCLAIM ANY
WARRANTIES PROVIDED BY THE MANUFACTURER OF ANY PRODUCT WE SELL.
21. Limitation of Liability
INDEPENDENT OF, SEVERABLE FROM AND TO BE ENFORCED INDEPENDENTLY OF ANY
OTHER ENFORCEABLE OR UNENFORCEABLE PROVISION OF THIS AGREEMENT, IN NO
EVENT WILL THE AGGREGATE LIABILITY OF GIFT BOX PORTAL ONLINE INC. TO YOU
(INCLUDING LIABILITY TO PERSON OR PERSONS WHOSE CLAIM OR CLAIMS ARE BASED
ON OR DERIVED FROM A RIGHT OR RIGHTS CLAIMED BY YOU), WITH RESPECT TO
ANY AND ALL CLAIMS AT ANY AND ALL TIMES ARISING FROM OR RELATED TO THE
USE OF THE SITE OR ANY PRODUCTS SOLD HEREUNDER, IN CONTRACT, TORT (INCLUDING
NEGLIGENCE OR BREACH OF ANY DUTY), STRICT LIABILITY, STATUTORY LIABILITY
OR OTHERWISE EXCEED THE CONSIDERATION PAID BY YOU TO GIFT BOX PORTAL ONLINE
INC. FOR THE PRODUCT IN QUESTION GIVING RISE TO THE CLAIM. IN NO EVENT
WILL THE GIFT BOX PORTAL ONLINE INC. BE LIABLE TO YOU FOR ANY CONSEQUENTIAL,
INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR INCIDENTAL DAMAGES, LOSS OF
GOODWILL OR BUSINESS PROFITS, REGARDLESS OF THE LEGAL THEORY UNDER WHICH
SUCH DAMAGES ARE SOUGHT AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF ANY SUCH LOSS OR DAMAGES. THE FOREGOING LIMITATION OF LIABILITY AND
EXCLUSION OF CERTAIN DAMAGES WILL APPLY TO THE EXTENT PERMITTED BY APPLICABLE
LAW REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. APPLICABLE
LAW MAY NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY OR INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT
APPLY TO YOU.
22. Typographical Errors
In the event that a product sold on the Site is mistakenly listed at an
incorrect price, We reserve the right to refuse or cancel any orders placed
for such product listed at the incorrect price. We reserve the right to
refuse or cancel any such orders involving a mistaken price whether or
not the order has been confirmed and your credit card or debit card has
been charged. If your credit card or debit card has already been charged
for the purchase and we subsequently cancel your order in this respect,
we will notify you promptly and shall issue a full credit to your credit
card or debit card account in the amount of the incorrect price.
23. Price
and Product Changes
We reserve the right, in our sole discretion, to
make any necessary updates, modifications and adjustments at any time
without prior notice, to product descriptions and prices, whether due
to product discontinuation, errors, changing costs, new market conditions
or any other business factor.
24. Amendments
These terms and conditions of sale set forth herein contain all the terms
and conditions governing the sale of our products offered on this Site
and may not be modified or amended except by an agreement which has been
signed by an authorized signatory of Gift Box Portal Online Inc. and specifically
referring to this Agreement.
25. Headings
The headings contained in these terms and conditions are included for
mere convenience of reference and will not affect or be used in the interpretation
of this document.
26. Currency
Unless otherwise expressly noted in writing from Gift Box Portal Online
Inc., any reference to dollar amounts referred to above or otherwise relating
to the sale of our Products will be deemed to be lawful currency of the
United States of America.
27. Exclusion
of CISG
The application of the United Nations Convention on Contracts for the
International Sale of Goods will not apply to any part of any transactions
which may result from your placement of an order with us, including any
agreement constituted by our acceptance of any order from you and the
same is hereby strictly excluded.
28. Interpreting
and Enforcing this Agreement
The agreement constituted by the acceptance by us of any order from you
will be governed by and interpreted exclusively in accordance with the
laws (procedural and substantive) of the Province of British Columbia
and Canada as if made and performed by and between parties situate in
such province and without regard to conflict of laws doctrine and in accordance
with the English language text in the form set forth in these terms and
conditions.
29. Resolving Disputes-Mediation
Any and all disputes, controversy or claims arising out of or in connection
with or in relation to any agreement constituted by the acceptance by
us of any order for the sale and purchase of products available from time
to time on our Site by you or the breach thereof, including any question
regarding its existence, validity, performance or termination and any
tort or other common law or statutory claim arising out of or relating
to its negotiation, execution or performance (collectively, the Dispute ),
will be first subject to non-binding mediation in an effort to resolve
any such Dispute by participating in a structured negotiation conference
with a mediator under the Commercial Mediation Rules of the British Columbia
International Commercial Arbitration Centre. The mediation will be held
in Vancouver, British Columbia, Canada. You agree with us to use best
efforts to conduct any dispute resolution procedures herein as efficiently
and cost effectively as possible. All aspects of the mediation will be
treated as confidential. The costs of the Mediator will be shared equally
between you and Gift Box Portal Online Inc. The mediation may, at the
option of either you or Gift Box Portal Online Inc., occur by video conference
transmission. The party electing to participate in the mediation by video
conference will be responsible for paying the costs of one Mediator who
must attend and participate in the mediation at the video conference facility
selected by the party engaging such person.
30. Arbitration
If the Dispute cannot be settled within 45 calendar days after the Mediator(s)
has (have) been appointed, or such other period agreed to in writing by
you and Gift Box Portal Online Inc., the Dispute will be referred to and
finally resolved by binding arbitration under the International Commercial
Arbitration Rules of Procedure administered by the British Columbia International
Commercial Arbitration Centre. The place of arbitration will be Vancouver,
British Columbia, Canada. The appointing authority will be the British
Columbia International Commercial Arbitration Centre. The case will be
administered by the British Columbia International Commercial Arbitration
Centre in accordance with its Rules and the determination of such arbitrator
will be final and binding upon the parties hereto. A judgment on the award
of the arbitrator may be entered into any court having jurisdiction over
you and Gift Box Portal Online Inc. and you and Gift Box Portal Online
Inc. agree to and hereby waive any defenses against the enforceability
and execution of any such judgment awarded by the arbitrator as hereby
contemplated. The award will earn interest, without any duplication, from
the date of the award until satisfied in full at the rate of 18% per year
calculated and compounded annually. The arbitrator will have the right
to award actual reasonable legal fees and costs on a solicitor and own
client basis against the party prevailing in any Dispute settled by arbitration.
Judgment on the award of an arbitrator may
be entered by any court having jurisdiction over the person or property
of the person against whom enforcement of the judgment is sought. Any
rule of interpretation, law or regulation that provides that the language
of a contract will be interpreted against the drafter will not apply to
this Agreement.
31. Appointment
of Mediator and Arbitrator
Any mediator or arbitrator will be appointed by agreement between you
and us or, in default of agreement, such mediator or arbitrator will be
appointed by a Judge of the Supreme Court of British Columbia sitting
in the Courts of Vancouver, upon the application of either you or Gift
Box Portal Online Inc.
32. Procedure
In any arbitration proceeding contemplated by these terms and conditions,
you and Gift Box Portal Online Inc. agree that each of us will be entitled
to discovery to the same extent permitted by the Supreme Court of British
Columbia as if the matter were being adjudicated in such Court.
33. Attornment
You waive (a) any right to object to venue or jurisdiction based on inconvenient
forum or for any other reason; and (b) any statutory or other right pursuant
to the laws of the jurisdiction in which you are resident to have a court
case or arbitral hearing relating to any Dispute adjudicated or resolved
in that jurisdiction.
34. Updating
of these Terms
These terms and conditions are applicable to you upon your accessing the
Site and/or completing the registration or shopping process for the purchase
of any of our products. These terms and conditions, or any part of them,
may be modified by us from time to time without notice at any time, for
any reason.
35. Notice
We may deliver notice to you by means of e-mail, a general notice on the
Site, or by other reliable method to the email or street addresses you
have provided to us.
36. Use of Site
Harassment in any manner or form on the site, including via e-mail, chat,
phone or by use of obscene or abusive language, is strictly forbidden.
Impersonation of others, including a Wrought Iron Haven or other licensed
employee, host, or representative, as well as other members or visitors
on the site is prohibited. You may not upload to, distribute, or otherwise
publish through the site any content which is libelous, defamatory, obscene,
threatening, invasive of privacy or publicity rights, abusive, illegal,
or otherwise objectionable which may constitute or encourage a criminal
offense, violate the rights of any party or which may otherwise give rise
to liability or violate any law. You may not upload commercial content
on the site or use the site to solicit others to join or become members
of any other commercial online service or other organization. Violations
will result in your account and IP address being banned from using our
website.
37. Participation Disclaimer
Wrought Iron Haven does not and cannot review all
communications and materials posted to or created by users accessing the
site, and is not in any manner responsible for the content of these communications
and materials. You acknowledge that by providing you with the ability
to view and distribute user-generated content on the site, Wrought Iron
Haven is merely acting as a passive conduit for such distribution and
is not undertaking any obligation or liability relating to any contents
or activities on the site. However, Wrought Iron Haven reserves the right
to block or remove communications or materials that it determines to be
(a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading,
(c) in violation of a copyright, trademark or; other intellectual property
right of another or (d) offensive or otherwise unacceptable to Wrought
Iron Haven in its sole discretion.
38. Indemnification
You agree to indemnify, defend, and hold harmless
Wrought Iron Haven, 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.
39. Third-Party Links
In an attempt to provide increased value to our visitors, Wrought Iron
Haven may link to web sites operated by third parties (the Linked
Sites ). The Linked Sites are provided by us to you as a convenience
and the inclusion of such links does not imply any endorsement by Gift
Box Portal Online Inc. of any Linked Site. We have no control over these
Linked Sites, all of which have separate privacy and data collection practices,
and terms of use independent of us. You acknowledge and agree that your
visits to any of the Linked Sites shall be made solely at your own risk.
You acknowledge and agree that we are not responsible for the contents
of any Linked Site, any link contained in a Linked Site, or any changes
or updates to a Linked Site. You further acknowledge and agree that we
are not responsible for any form of transmission received from any Linked
Site. If you have any feedback relating to Site, or any of the Linked
Sites you feel we should know about, please contact us with your (including
if a specific link does not work).
40. Updated
Terms
Your access and use of our Site will always be subject to the most current
version of these Terms and Conditions. Please regularly check this Terms
and Conditions link on the home page of our Site to view the then-current
version of same. If we post amended terms on the Site, such terms will
automatically become effective, and shall apply immediately upon being
posted on the Site. By using the Site after such revised terms are posted,
you agree to be bound by any such revised terms at the effective time.
42. Admissibility
A printed version of these Terms and Conditions and of any notice given
to you in electronic form will be admissible in judicial or arbitral proceedings
based upon or relating to any Dispute or otherwise involving these Terms
and Conditions to the same extent and subject to the same conditions as
other business documents and records originally generated and maintained
in printed form. |
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