Terms and Conditions
This agreement applies as between you, the User of this Web Site and Broadway Camera Ltd., the owner(s) of this Web Site. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these terms and conditions, you should stop using the Web Site immediately.
Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;
“Broadway Camera” means Broadway Camera Ltd. of 1055 West Broadway, Unit 102, Vancouver, BC, V6H 1E2, Canada;
“Service” means collectively any online facilities, tools, services or information that Broadway Camera makes available through the Web Site either now or in the future;
“System” means any online communications infrastructure that Broadway Camera makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users” means any third party that accesses the Web Site and is not employed by Broadway Camera and acting in the course of their employment; and
“WebSite” means the website that you are currently using (www.bccamera.com).
All Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Broadway Camera, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable Canadian and International intellectual property and other relevant laws.
You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by Broadway Camera.
Links to Other Web Sites
This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of Broadway Camera or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
Products Descriptions And Prices
We do our best to ensure that the information about Products is accurate and up to date. However, we do not guarantee that there will be no errors in the description and/or pricing of the Products, or that Products will always be available if you wish to place an Order to purchase them.
Also, the colours you see on your screen may depend on your computer system and settings, so we cannot guarantee that your computer will accurately display such colours.
We reserve the right to modify the information about Products displayed on our Site, including as regards prices, description and availability. However, such changes will not affect Orders for which you have already received an Order Receipt email.
Purchases on the Website
To complete a purchase, you first have to place an Order for Products. Then, this Order has to be accepted by us. To place an Order you must be 18 years of age or over. To place an Order you will have to select the Products on the Site, select your preferred shipping method and, if you like, other optional services, and finally click on the “CONFIRM” button. We will not accept Orders placed in any way other than as detailed above.
When you place the Order through the Site you will receive an automated email confirming receipt of your Order. The Order Receipt email contains full details of your Order (such as Order No., information on Products, prices, your shipping address, delivery costs and other). Please note the Order Receipt email is NOT already an acceptance of your Order.
When your Order is accepted by us, we send you an email confirming that all, or part, of the Products have been shipped ("Shipping Confirmation email").
Once you receive the Shipping Confirmation email, your Order has been finally accepted by us and the purchase contract between you and us is concluded in relation to the Products actually shipped. Such a contract is composed by: your Order; our Order Receipt and Shipping Confirmation emails; the then current Terms and Conditions shall apply.
When Orders are not accepted
While we do our best to always accept Orders, we could however refuse an Order in certain cases, for example if: you provide us with incomplete, incorrect or fraudulent information regarding your identity, age, payment details, billing information, shipping address; we discover that there was an error on our Site relating to the Products you ordered, for example as regards the price or description displayed; the Products you ordered are unfortunately out of stock or no longer available; We have reasonable grounds to believe that you intend to resell the Products. If we cannot accept your Order, we will contact you by email as soon as possible but in any case, no later than 30 days from the date of your Order. If we cannot accept your Order because the Products are no longer available, or because of an error in the price and/or other information on our Site, we will refund you any money you may have already been charged for such Products.
You agree that, if you have provided Broadway Camera with personal data relating to a third party (1) you have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to Broadway Camera and (2) that you have brought to the attention of any such third party the Privacy Notice available on the Broadway Camera ’s website or otherwise provided a copy of it to the third party. You agree to indemnify Broadway Camera in relation to all and any liabilities, penalties, fines, awards or costs arising from your non-compliance with these requirements.
Broadway Camera makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.
No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
Availability of the Web Site
The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
Broadway Camera accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
Limitation of Liability
To the maximum extent permitted by law, Broadway Camera accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.
Nothing in these terms and conditions excludes or restricts Broadway Camera’s liability for death or personal injury resulting from any negligence or fraud on the part of Broadway Camera.
Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant legal provisions. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
All notices / communications shall be given to us either by post to our Premises (see address above) or by email to firstname.lastname@example.org. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
Law and Jurisdiction
These terms and conditions and the relationship between you and Broadway Camera shall be governed by and construed in accordance with the Law of Canada and Broadway Camera and you agree to submit to the exclusive jurisdiction of the Courts of Vancouver.