Kayenne may in its discretion change the Other Terms and Conditions at any time, without any prior notice to you, by posting changed Other Terms and Conditions on the Website. The changed Other Terms and Conditions are effective immediately upon posting. It is your responsibility to check the "Last Updated" date at the top of the Other Terms and Conditions and review any changes since the last version.
6. Ownership of Website and Content
The Website and its content (including all text, graphics, interfaces, images, video, sounds, music, artwork, designs, computer code, data, and other elements available on or through the Website, and the design, structure, selection, arrangement, and look and feel of those items, and the Website as a whole) are owned solely by Kayenne and its licensors, if and when applicable. Your use of the Website does not transfer to you any right, title or interest in, to or associated with the Website or its content.
7. Your Information
You will ensure that all information you provide to Kayenne, through the Website or otherwise, including account information (including your legal name, residential address, e-mail address), payment information (including your credit card numbers and their expiration dates), and transaction-related information, is true, accurate, current and complete. Kayenne will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage and additional costs that you, Kayenne or any other person may incur as a result of your submission of any false, incorrect, or incomplete information or your failure to promptly update your account information and payment information if they change.
You authorize Kayenne to: (a) accept communications we receive from you by means of the Website as if those communications had been given directly by you in writing and signed by you; and (b) respond to your communications through the Website, by e-mail or other means of communication.
Communications you send to Kayenne are not effective unless and until they are processed by the responsible Kayenne representative. We may refuse to process any communications sent to Kayenne or may reverse the processing of any communications sent to Kayenne, at any time in our sole discretion, and without any notice or liability to you or any other person, including if we believe the communication to be fraudulent or unlawful or defective, inaccurate or incomplete due to a technical malfunction.
9. Personal Information Privacy
10. Misprints and Errors, Product Availability and Prices
Kayenne endeavours to provide current and accurate information on the Website, but misprints, errors, inaccuracies, omissions (including incorrect specifications for products) or other errors may sometimes occur. We cannot guarantee that products and services advertised on the Website will be available when ordered or thereafter, and do not warrant that the content of the Website (including product descriptions, photographs, and colours) is accurate or complete. Please note that your monitor might not accurately display product colours.
We reserve the right to: (a) correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other person; (b) change at any time the products and services advertised or made available for sale on the Website, the prices, fees, charges and specifications of those products and services, any promotional offers and any other Website content without any notice or liability to you or any other person; (c) refuse any order you place; and (d) limit quantities available for sale or sold. The advertisements on the Website are invitations to make offers to purchase products and services and are not offers to sell. All prices and other amounts appearing on the Website are quoted in Canadian dollars unless otherwise stated.
11. Accounts and Codes
To access and use certain features and services of the Website you must have a valid Website account and use a valid user name and password (collectively, "Codes") accepted Kayenne. Account information and Codes are personal and may not be shared.
You are fully responsible and liable for maintaining the confidentiality of your account information and Codes and for any and all use and misuse of your account and Codes (including all transactions using your account or Codes) and for all resulting loss and damage. You may not disclose your Codes to any other person or permit any other person to use your account or Codes. You will immediately notify us by e-mail at email@example.com if you discover any unauthorized use of your account or you know or suspect that your Codes have been lost or stolen or become known to or used by any other person. Kayenne will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Kayenne is not under any obligation to verify the actual identity or authority of any person using your account or Codes. We may act upon any communication that is given through your account or by using your Codes.
Codes do not restrict access by Kayenne to password-protected information. Codes may not prevent unauthorized access to data or other information. We may in our sole discretion cancel or suspend your account or change your Codes at any time without any notice or liability to you or any other person.
We may in our sole discretion at any time require proof of the identity of any person seeking to access and use the Website and may deny access to and use of the Website or parts of it or refuse to accept or act upon any communication if we are not satisfied with the proof.
12. Payment and Website Security
Kayenne uses Shopify to enable secure payment and checkout options that are listed at checkout. Kayenne accepts the following payment methods: Visa, Visa Debit, Mastercard, AMerican Express, Apple Pay, Google Pay, Pay Pal and Kayenne Gift Cards.
When you place your order, your payment will be submitted for authorization and will only be charged when your order is shipped. Charges will appear on your credit card statement as "KAYENNE".
You agree to pay the price applicable for the merchandise in your order as of the time you submitted your order ("Merchandise Price"), the delivery fees for the shipping service you select ("Shipping Fees"), and any applicable taxes. Kayenne will automatically bill your credit card submitted as part of the order process for such amounts and you hereby authorize us to do so.
We reserve the right at any time after receipt of your order to accept or decline or cancel your order (in whole or in part) for any reason. We may require additional verifications of information before accepting any order. Your order is not accepted until it is shipped. If we cancel all or a part of your order, your sole and exclusive remedy is either that (a) we will issue a credit to your credit card account in the amount charged for the cancelled portion (if your credit card has already been charged for the order) or (b) we will not charge your credit card for the cancelled portion of the order.
To help make your shopping more safe, simple, and secure, we use Secure Socket Layer (SSL) technology. This encrypts the data you send over the internet. We also leverage Shopify's secure technology and sales platform. When SSL is enabled, you will see a padlock at the top of your browser and you can click on this to get information about the SSL digital certificate registration. You'll also notice that the location (URL) field at the top of the browser will begin with 'https:' instead of the normal 'http:'
You agree that you will not submit to Kayenne any information or ideas that you consider to be confidential or proprietary. Any feedback or unsolicited ideas, suggestions, or other materials (including ideas for new advertising or marketing campaigns, or promotions, new or improved products or services, or new product names or branding) that you send to Kayenne (collectively "Submissions") are deemed to be non-confidential, you automatically grant to Kayenne and its successors, assigns, and licensees a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sublicensable right and license to use and exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions in any manner and for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing any compensation or attribution to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties, and you automatically waive in favour of Kayenne and its successors, assigns and licensees any and all moral rights in the Submissions.
14. Linked Sites
For your convenience, the Website may provide links or references to other Internet sites or resources and businesses operated by other persons (collectively "Linked Sites"). Linked Sites are independent from Kayenne and Kayenne does not endorse and has no responsibility or liability for or control over, Linked Sites or their business, goods, services, or content. Your use of Linked Sites and your dealings with the owners or operators of Linked Sites is at your own risk, and you will not make any claim against Kayenne arising from, connected with, or relating to your use of Linked Sites or your dealings with the owners or operators of Linked Sites.
15. Prohibited Activities
Deep links to the Website without the express written permission of Kayenne are strictly prohibited. Kayenne may in its discretion cancel and revoke any permission it may give to link to the Website at any time and without any notice or liability.
Framing, mirroring, scraping or data-mining the Website or any of its content in any form and by any means (including robots, spiders, or other automatic devices, programs or methodologies) is strictly prohibited. You may not use any collaborative browsing or display technologies in connection with your use of the Website or to post comments, communications or any other data of any kind to or on the Website with the intention that the posting may be viewed by other users of the Website.
You may not attempt to circumvent the ordinary navigational structure or presentation of the Website or its content or attempt to access or obtain any Website content or other data by any means that is not purposely made available to you by the Website.
You may not attempt to gain unauthorized access to any part of the Website or its content or any related system, network, service or data, by hacking, password mining or any other means. You may not attempt to test or tamper with the security of the Website or attempt to interfere with the proper working of the Website, any transaction being conducted through the Website, or any other person’s use of the Website.
You may not upload, transmit or distribute any computer viruses, worms or any software intended to damage or alter a computer system or data.
You shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website. You shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Website. You shall not access the Website in order to build a similar or competitive service. Any future release, update, or other addition to functionality of the Website shall be subject to the terms of this Agreement (as amended from time to time).
The Website, and the products, services and content provided through the Website are provided on an “as is”, “as available” and “with all faults” basis, without any representations, warranties, conditions or guarantees of any nature or kind whatsoever, whether express, implied or statutory, or arising from custom or trade usage or by any course of dealing or course of performance, including any representations, warranties, conditions or guarantees of or relating to accuracy, accessibility, availability, completeness, durability, errors, fitness for a particular purpose, merchantability, non-infringement of third party rights, lack of viruses or other disabling or harmful code, performance, quality, results, suitability, security, timeliness, title, quiet enjoyment, uninterrupted service, or workmanlike effort, all of which are hereby waived by you and disclaimed by Kayenne to the fullest extent permitted by law. You are solely responsible and liable for the selection and use of the products, services and content provided through the Website to achieve your intended results.
Kayenne does not promise that the Website, or the products, services or content provided through the website, will be error-free, uninterrupted or secure, that any defects will be corrected, or that your use of the Website, or the products, services or content provided through the Website, will produce specific results. You use the Website, and the products, services and content provided through the Website, at your own risk. Except as set forth in the Return & Exchange Terms, if you are dissatisfied with the Website, or the products, services or content provided through the Website, your sole remedy is to cease using the Website and the products, services and content provided through the Website.
You are solely responsible for obtaining, provisioning, configuring, maintaining, paying for and protecting from loss and damage, all equipment, software and services (and all data contained therein) necessary for your use of the Website.
17. Liability Exclusions
The disclaimer of certain warranties and conditions and the exclusion or limitation of certain liabilities is prohibited by law in some jurisdictions and so the foregoing disclaimers and liability exclusions and limitations may not apply to you.
We may in our sole discretion and for its convenience at any time immediately suspend or terminate your permission to access and use the Website without any notice or liability to you or any other person.
20. Governing Law
21. Other Matters