TERMS AND CONDITIONS OF LITTLE DRAGON DIGITAL INC.
WE ENCOURAGE YOU TO CAREFULLY READ THESE TERMS AND CONDITIONS BEFORE USING THIS WEBSITE.
The following terms and Conditions apply to your use of this website.
Your access and use of this website indicate that you have read, understood and agreed to be bound by these Terms and Conditions and any other applicable laws, statutes and/or regulations. We may change, amend or alter these Terms and Conditions at any time in accordance with Section 20 below.
2. USE OF THE WEBSITE
In using the website you agree not to use same for any prohibited or unlawful purposes. Further, you agree not to manipulate or use the website in any manner that may cause harm to the website, the services or general reputation or business of Little Dragon Digital Inc.
You further agree not to use and/or access the website to do any of the following:
a) Harass, abuse, threaten any individual or entity;
b) Unlawfully infringe upon any person’s property rights;
c) Upload or otherwise disseminate any computer viruses or harmful software that may cause damage to the property of others;
d) Publish or distribute any obscene or defamatory material;
e) Publish or distribute any material that incites or may incite violence, hate or promotes the discrimination of others;
f) Pursue any unlawful course of conduct.
Little Dragon Digital Inc. will obtain your consent to collect any personal information when you use our services. These terms do not give us any rights to your personal information except for the limited rights that enable us to provide our services. We need your permission to host your personal information and to share it
4. YOUR RESPONSIBILITIES
Your use of the services must comply with the rules set out at Section 1 above. Content in the services may be protected by others’ intellectual property rights. Please do not copy, upload, download or share content unless you have the express right to do so. We may review your conduct and content for compliance with these Terms and Conditions. We are not responsible for the content people post and share via the services.
Help us keep your personal information safe. Safeguard any passwords and confidential information and keep your account information current. Do not share your account credentials or give others access to your account.
Further, if your use of the website requires an account identifying you as a user of the website you are solely responsible for your account and the maintenance thereof, confidentiality and security and all activities of persons who gain access to your account with or without your permission. You agree to immediately notify us of any unauthorized use of your account, any services provided through your account or any password related to your account or any other breach of security with respect to your account or any services provided through it. Additionally, you agree to provide assistance to us, as requested, to stop or remedy any breach of security related to your account.
You also agree to provide us with accurate, current and complete client information as requested by us from time to time and you agree to promptly notify us of any changes to this information as required to keep such information held by us accurate, current and complete.
You may use our services only as permitted by applicable law.
5. USE OF OUR MATERIALS
We may provide you with certain information as a result of your use of the website including but not limited to, documentation, data, or information developed by us and other materials which may assist in the use of the website or services. These materials may not be used for any purpose other than the use of this website and the services offered by the website. Nothing in these Terms and Conditions may be interpreted as granting any license of intellectual property rights to you.
Some of our services may allow you to download software which may automatically update. As long as you comply with these Terms and Conditions, we give you a limited, non-exclusive, non-transferable, revocable license to use the software, solely to access the services. To the extent that any component of the software may be offered under an open source license, we will make that license available to you and the provisions of that license may expressly override some of these Terms and Conditions. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the services, attempt to do so or assist anyone in doing so.
When you make a purchase via our website, you agree to provide a valid form of payment. Pay attention to the details of the transaction, as your total may include applicable taxes and fees all of which you are responsible for. When you provide us with a payment instrument you confirm that you are permitted to use that payment instrument. Further, when you make a payment you authorize us and our payment processor to charge the full amount to the payment instrument you designate for the transaction. You also authorize us to collect and store that payment instrument along with any other related transaction information.
If you pay via credit card, we may obtain pre-approval from the issuer of the card for an amount not in excess of the full price. If you cancel a transaction before completion, this pre-approval may result in those funds not being immediately available to you.
We may cancel any transaction if we believe the transaction violates these Terms and Conditions or if we believe doing so may prevent financial loss.
In order to prevent financial loss to you or us, we may contact your payment instrument issuer, law enforcement, or affected third parties and share details of any payments you are associated with, if we believe doing so may prevent financial loss or a violation of law.
8. SALE OF GOODS AND SERVICES
We may sell goods and services or allow third parties to sell goods and services on the website. We undertake to be as accurate as possible with all information regarding the goods and services including product descriptions and images. However, we do not guarantee the accuracy or reliability of any product information and you acknowledge and agree that you purchase such products at your own risk.
9. SHIPPING, DELIVERY AND RETURN POLICY
When purchasing a physical good, you agree to provide us with a valid email and shipping address, as well as valid billing information. We reserve the right to reject or cancel an order for any reason, including errors or omissions in the information you provide to us. If we do so after the payment has been processed, we will issue you a refund in the amount of the purchase price. We may also request additional information from you prior to confirming a sale and we reserve the right to place any additional restrictions on the sale of any future products. For the sale of physical products, we may pre-authorise your credit or debit card at the place and time of the order or we may simply charge your card upon shipment. You agree to monitor your method of payment. Shipment costs and dates are subject to change from the costs and dates you are quoted due to unforeseen circumstances.
10. PROTECTION OF PRIVACY
Through the use of the website, you may provide us with certain personal information. By using the website you authorize us to use your information in Canada and any other country where we may operate. When you register for an account, you provide us with a valid email address and may provide us with additional information, such as your name and billing address. Depending on how you use the website, we may also receive information from external applications you use to access our website, or we may receive information through various web technologies such as cookies, log files etc.
We use the information gathered from you to ensure your continued good experience on our website, including through email communications. We may also track certain of the passive information received to improve our marketing and analytics, and for this, we may work with third-party providers.
If you would like to disable our access to any passive information we receive from the use of various technologies, you may choose to disable cookies in your web browser. Pleas be aware that we will still receive information about you that you have provided, such as your email address.
If you choose to terminate your account, we will store information about you for a reasonable period of time to be determined by us in accordance with applicable federal and provincial laws. After this period of time, all information about you will be deleted.
11. DATA LOSS
We are not responsible for the security of your account or content. Your use of the website is at your own risk.
You agree to indemnify Little Dragon Digital Inc. and any of its affiliates and hold us harmless against any and all legal claims and demands, including legal fees, which may arise from or relate to your use or misuse of the website, your breach of these Terms and Conditions, or your conduct or actions.
You are free to stop using our services at any time. We reserve the right to suspend or terminate your access to the services with notice to you if:
a) You are in material breach of these Terms and Conditions;
b) Your use of the services would cause a real risk of harm or loss to us or other users.
We will provide you with reasonable advance notice via the email address associated with your account to remedy the activity that prompted us to contact you. If after such notice you fail to take the steps we ask of you, we will terminate or suspend your access to the services.
14. SERVICES “AS IS”
We strive to provide great services, but there are certain things that we cannot guarantee. To the fullest extent permitted by law, Little Dragon Digital and its affiliates make no warranties, either express or implied, about the services, the services are provided “as is”. We also disclaim any warranties of merchantability, fitness for a particular purpose, and non-infringement.
15. LIMITATION OF LIABILITY
We do not exclude or limit our liability where to do so would be illegal. This includes liability for fraudulent misrepresentation in providing services. In countries where the following types of exclusions are not allowed, we are responsible to you only for losses and damages that are a reasonably foreseeable result of our failure to use reasonable care and skill or our breach of our contract with you. This paragraph does not affect consumer rights that cannot be waived or limited by any contract or agreement.
In countries where exclusions or limitations of liability are allowed, we and our affiliates will not be liable for:
a. Any direct, special, incidental, punitive, exemplary, or consequential damages, or;
b. Any loss of use, data, business, or profits.
These exclusions or limitations will apply regardless of whether or not we or any of our affiliates have been warned of the possibility of such damages.
If you use the services for any commercial, business, or re-sale purpose, we and our affiliates will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. Little Dragon Digital Inc. and our affiliates are not responsible for the conduct, whether offline or online, of any user of the services.
Other than for the types of liability we cannot limit by law, we limit our liability to you to the greater of $20.00 (Canadian currency) or the full amount paid under your service plan with Little Dragon Digital Inc. provided that the request for a refund is made within 30 days of the purchase of the services.
16. DISPUTE RESOLUTION
Before filing a claim against Little Dragon Digital Inc. you agree to try to resolve the dispute amicably by contacting us directly. We will try to resolve the dispute informally by then contacting you via email. If a dispute is not resolved within 15 days of submission, you or Little Dragon Digital Inc. may commence a formal proceeding.
Both you and Little Dragon Digital Inc. agree to resolve any claims to these Terms and Conditions through final and binding arbitration to be heard in Toronto in the province of Ontario, Canada before a single arbitrator. This includes disputes arising out of or relating to the interpretation or application of this section including its enforceability, revocability or validity.
17. GOVERNING LAW
These Terms and Conditions will be governed by the Laws of the Province of Ontario, Canada.
18. ENTIRE AGREEMENT
These Terms and Conditions constitute the entire agreement between you and Little Dragon Digital Inc. with respect to the subject matter of these Terms and Conditions and supersedes and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms and Conditions. These and conditions create no third-party beneficiary rights.
19. WAIVER, SEVERABILITY & ASSIGNMENT
Little Dragon Digital Inc.’s failure to enforce any provision is not a waiver of its right to do so later. If a provision of these Terms and Conditions is found to be unenforceable the remaining provisions of the Terms and Conditions will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms and Conditions. Little Dragon Digital Inc may assign any of its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the services.
We may revise these Terms and Conditions from time to time to better reflect:
a. Changes to the law;
b. New regulatory requirements; or
c. Improvements or enhancements made to our services.
If an update affects your use of the services or your legal rights as a user of our services, we will notify you prior to the update’s effective date by sending an email to the email address associated with your account or via an in-product notification. These updated terms will be effective no less than 30 days from when we notify you.
If you do not agree to the updates that we make, please cancel your account before they become effective. By continuing to use or access the services after the update come into effect, you agree to be bound by the revised Terms and Conditions.