1. YOUR ACCEPTANCE OF THIS AGREEMENT
This is an Agreement between you and all persons you represent (and for purposes of this Agreement, “person” includes natural persons and any type of incorporated or unincorporated entity) and Hallmark Global Ltd. dba HEXA (“HEXA”) regarding your access to and use of HEXA’s website and all content, information, products and services available on or through the website (collectively, the “Website”). This Agreement also provides benefits to HEXA’s affiliates, service providers, suppliers and other persons.
Each time you use the Website you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent, to be bound by this Agreement as it then reads, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person you purport to represent. If you do not agree with each provision of this Agreement, or you are not authorized to agree to and accept this Agreement on behalf of the person you purport to represent, you may not access or use the Website.
The Website is for convenience and informational purposes only and is not intended to convey advice or recommendations, or an offer to sell any product or service.
This Agreement is in addition to any other agreement you may have with HEXA, including a transaction agreement.
2. PERMISSION TO USE THE WEBSITE
You may use the Website only if you have reached the age of majority where you live and you can form legally binding contracts under applicable law. You may not use the Website if you live in a jurisdiction where access to or use of the Website or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of the Website is lawful, and you must comply with all applicable laws. HEXA reserves the right to request proof of identification and age (e.g. proof of your ability to purchase certain games).
3. CHANGES TO THIS AGREEMENT
HEXA may, in its sole discretion, change this Agreement from time to time as it relates to future use of the Website, by posting a revised Agreement on the Website. By using the Website after this revised Agreement has been posted, you signify your acceptance and agreement to be bound by the revised Agreement. You may not change this Agreement in any manner.
4. OWNERSHIP AND PERMITTED USE OF THE WEBSITE
The Website is the property of HEXA and is protected by Canadian and international copyright, trademark and other laws. Your use of the Website does not transfer to you any ownership or other rights in the Website or its content. The Website is made available to you for your lawful, personal use only. You may use the Website only in the manner described expressly in this Agreement and subject to all applicable laws. Using the Website for any other purpose or in any other manner is strictly prohibited.
You may print Website pages provided that you do not modify any of the pages and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. The Website and its content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the express prior written consent of HEXA. You may not sell or resell any part of the Website or access to the Website. You may not use any of the software that is used in the operation or provision of the Website except while you are using the Website in accordance with this Agreement.
5. MISPRINTS AND ERRORS, PRODUCT AVAILABILITY AND PRICES
HEXA endeavors to provide current and accurate information on the Website. However, misprints, errors, inaccuracies, omissions (including incorrect specifications for products) or other errors may sometimes occur. HEXA cannot guarantee that products and services advertised on the Website will be available when ordered or thereafter. HEXA does not warrant that the content of the Website including, without limitation, product descriptions or photographs, is accurate or complete.
HEXA reserves 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 such products and services, any promotional offers and any other Website content without any notice or liability to you or any other person; (c) reject, correct, cancel or terminate any order, including accepted orders for any reason and (d) limit quantities available for sale or sold.
The advertisements on the Website are invitations to you to make offers to purchase products and services on the Website and are not offers to sell. All prices and other amounts appearing on the Website are quoted in Canadian dollars.
6. INTELLECTUAL PROPERTY AND TRADE-MARK INFORMATION
HEXA™ and the HEXA logo and other names and logos appearing on or in connection with Website (the “Marks”) are registered or unregistered trademarks, service marks, tradenames and logos owned or licensed by HEXA or their respective owners or licensees. Any use of the Marks, except as expressly provided in this Agreement, is strictly prohibited. Nothing appearing on the Website or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any of the Marks.
6.1 PARTNER AND CUSTOMER IDENTIFICATION AND TRADE-MARK INFORMATION
HEXA claims no ownership of the logos used on the Website to identify any of HEXA’s customers, partners, or any other affiliate. The trademarks are the sole property of their respective holders.
If your logo has been displayed on our Website and you are not totally satisfied, please notify us at your earliest convenience at email@example.com and we will be happy to address your concerns and remove your logo as soon as possible.
7. LOGIN NAMES AND PASSWORDS
Certain areas and features of the Website are accessible only to users who have been issued a login name and password (collectively “Codes”) by HEXA. For the purposes of accessing the Website, the Codes remain the property of HEXA and may be cancelled or suspended at any time by HEXA in its discretion without any notice or liability to you or any other person.
HEXA is not under any obligation to verify the actual identity or authority of any person using Codes to access and use the Website. HEXA may act upon any communication that is given with the use of Codes. HEXA may in its 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 HEXA is not satisfied with such proof.
If you have been issued Codes: (a) you are fully responsible and liable for the security of the Codes and any and all use and misuse of the Codes; (b) you will keep the Codes secure and confidential at all times and not disclose the Codes to any other person or permit any other person to use the Codes; (c) you will ensure that all uses of the Codes comply with this Agreement.
8. YOUR INFORMATION
All information you provide through the Website, including registration information (name and email address), payment information (credit card numbers and expiration dates), and transaction-related information, must be true, accurate, current and complete. HEXA 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, HEXA 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.
9. PERSONAL INFORMATION PRIVACY
Notwithstanding any other provision of this Agreement, HEXA may in its discretion change, discontinue, modify, restrict, suspend or terminate the Website or any part of it without any notice or liability to you or any other person. HEXA may in its discretion and for its convenience at any time immediately terminate, temporarily or permanently, this Agreement or your permission to access and use the Website without any notice or liability to you or any other person.
If this Agreement or your permission to access or use all or any part of the Website is terminated for any reason, then this Agreement and all other than existing agreements between you and HEXA will continue to apply and be binding upon you regarding your prior access to and use of the Website, and anything connected with, relating to or arising therefrom.
11. GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement, your access to and use of the Website, and all related matters are governed solely by the laws of Ontario, Canada and applicable federal laws of Canada. Any dispute between you and HEXA or any other person arising from, connected with or relating to the Website, this Agreement, or any related matters (collectively “Disputes”) will be resolved before the Courts of Ontario, and you hereby irrevocably submit to the original and exclusive jurisdiction of those courts in respect of all Disputes.
12. OTHER MATTERS
If any provision of this Agreement is held to be invalid or unenforceable for any reason, then the provision will be deemed to be severed from this Agreement and the remaining provisions will continue in full force and effect. This Agreement enures to the benefit of and is binding upon each of HEXA and its successors, assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns and personal representatives. You may not assign this Agreement or the rights and obligations under this Agreement. HEXA may assign this Agreement and its rights and obligations under this Agreement without your consent. No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under this Agreement will be: (a) deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party; or (b) effective unless in writing and signed by all parties.
13. DISCLAIMERS, LIABILITY EXCLUSIONS/LIMITATIONS AND INDEMNITY
YOUR ACCESS TO AND USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF OR RELATING TO ACCURACY, ACCESSIBILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, PERFORMANCE OR DURABILITY, ALL OF WHICH ARE DISCLAIMED BY HEXA TO THE FULLEST EXTENT PERMITTED BY LAW.
LIABILITY EXCLUSIONS (may be inapplicable in Quebec)
HEXA AND ITS PROVIDERS WILL NEVER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY LOSS OR DAMAGE ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEBSITE OR THIS AGREEMENT INCLUDING BUT NOT LIMITED TO LOSS OF DATA, BUSINESS, MARKETS, SAVINGS, INCOME, PROFITS, USE, PRODUCTION, REPUTATION OR GOODWILL, ANTICIPATED OR OTHERWISE, OR ECONOMIC LOSS, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OR LAW OR EQUITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING WITHOUT LIMITATION GROSS NEGLIGENCE AND FUNDAMENTAL BREACH) BY HEXA OR ANY PERSON FOR WHOM HEXA IS RESPONSIBLE, AND EVEN IF HEXA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE BEING INCURRED.
ACKNOWLEDGEMENT AND EXCLUSION BY STATUTE IN CERTAIN JURISDICTIONS
THE EXCLUSION OF CERTAIN WARRANTIES AND THE LIMITATION OF CERTAIN LIABILITIES IS PROHIBITED IN SOME JURISDICTIONS. THESE STATUTORY PROHIBITIONS MAY APPLY TO YOU.
USE OF PRODUCTS
IT IS SOLELY THE CUSTOMER’S RESPONSIBILITY TO OBTAIN ENOUGH INFORMATION ON HOW TO PROPERLY USE AN ITEM PURCHASED FROM HEXA OR FROM ITS WEBSITE. ANY DAMAGES OF ANY NATURE, CAUSED BY INCORRECT USE OF THE PRODUCTS, MISUSE OR ABUSE OF THE PRODUCTS, AND NOT PROPERLY MAINTAINING THE PRODUCTS IN LONG-TERM USE IS SOLELY THE CUSTOMER’S RESPONSIBILITY.
IN CASE OF DEFECTS DETECTED BY THE CUSTOMER, IT IS THE CUSTOMER’S RESPONSIBILITY NOT TO USE THE ITEM AND TO RETURN THE ITEM BACK TO HEXA FOR A REFUND OR REPLACEMENT, IN ACCORDANCE WITH HEXA’S RETURN POLICIES. HEXA WILL NOT BE LIABLE FOR ANY IMPROPER USE OF THE ITEMS BY THE CUSTOMER.
ALL ITEMS SOLD BY HEXA ARE SUBJECT TO CHANGES, UPGRADES, AND UPDATES WITHOUT ANY NOTICES. HEXA’S SALES AND AFTER-SALES SRVICES WILL VARY BASED ON THE MOST RECENT CHANGES ON THE ITEMS.
It is solely customer’s responsibility to read and understand all of the above terms and conditions and purchasing any item from HEXA’s website (www.myHEXA.com) means that the customer has read and understood all of the conditions applied to purchasing, using, maintaining and also returning the items.
Upon purchasing any items and products from HEXA, customer admits that the order is placed at the customer’s sole discretion and that any hazard caused by any product purchased from HEXA is on the customer’s own risk and HEXA shall not be held liable for any physical or financial damage caused directly and/or indirectly by HEXA’s products.
Any rights not expressly granted by this Agreement are reserved to HEXA.