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Terms and Conditions of Use

Terms and Conditions

 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. USE OF THIS SITE CONSTITUTES ACCEPTANCE OF THESE TERMS. The following are terms of a legal agreement between you and mindgames.ca, also known as mindgamesexpress.com. By accessing, browsing and/or using this site (“Site”), you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, do not use this Site. The material provided on this Site is protected by law, including, but not limited to, Canada Copyright Law. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

 

Use of Sites

Your right to make use of our websites and services is subject to your compliance with our Terms of Use. The content on mindgames.ca websites may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used in any way unless specifically authorized by mindgames.ca.

 

Prohibited Uses

You agree not to use this site or its Content for any illegal or unauthorized activity. You agree that you will not use any device, software, or other technology to interfere or attempt to interfere with the proper working of this site. You agree not to use this site or its Content for any commercial purposes. You agree not to crawl, spider, scrape, or otherwise deploy automated agents or other technology to collect, harvest, mine, or otherwise interact with this site, unless you a) uniquely identify your technology by means of the user-agent field in every request header, b) provide a clear point of contact for the operation of those systems and c) follow standard robots.txt and other standard crawler-management policies. You agree that we can, at our sole discretion, prohibit such automated activities.

 

Trademarks

The trademarks, service marks, and logos (the “Trademarks”) used and displayed on this Site are registered and unregistered Trademarks of mindgames.ca and mindgamesexpress.com and others.

 

Privacy Notice

Your privacy is important to us. All information gathered by us from you in connection with your use of this site is subject to the provisions in our Privacy Statement. We do not control, nor are we responsible for, the privacy practices of those sites to which we link and, therefore, you agree to read the privacy policies of those sites.

We partner with other corporations to provide specific services. When the user signs up for these services, we will share names, or other contact information that is necessary for the third party to provide these services. These parties are not allowed to use personally identifiable information except for the purpose of providing these services.

We use "cookies" on this site. A cookie is a piece of data stored on a site visitor's hard drive to help us improve your access to our site and identify repeat visitors to our site. For instance, when we use a cookie to identify you, you would not have to log in a password more than once, thereby saving time while on our site. Usage of a cookie is in no way linked to any personally identifiable information on our site.

 

Shipping Limitations. 

When an order is placed, it will be shipping to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Web Site. All purchases from this Web Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Web Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

 

Accuracy of Information. 

We attempt to ensure that information on this Web Site is complete, accurate and current. Despite our efforts, the information on this Web Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or how current any information on this Web Site. For example, products included on this Web Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Web Site. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.

 

Account Name and Password. 

You are required to have an account name and password for certain activities on the website. We may cancel or suspend at any time your account name and password at our discretion without notice or liability to you or any other person. We are not under any obligation to verify the actual identity or authority of any person using the account name and password to access and use the Website. We may at any time require proof of the identity of any person seeking to access and use the Website, and may deny access if we are not are not satisfied with such proof. You are fully responsible and liable for the security of your account name and password and any/all use and misuse. You agree to notify us immediately of any unauthorized use of your account. Mindgames.ca assumes any responsibility, or will be liable, for any damages arising from or related to your failure to keep your password secure.

 

Wish List

By submitting the above information, I, the Wish List Creator, hereby confirm that I have reached the age of majority in the province in which I reside and consent to mindgames.ca collecting, using and disclosing personal information relating to my mindgames.ca Wish List (the "Wish List") in order to facilitate the purpose of my Wish List, by posting such information on in-store Wish List Registry terminals and disclosing it to any person who consults my Wish List from a mindgames.ca retail store and, if requested by me, by selecting such option when creating my Wish List by posting such information on the mindgames.ca website and therefore disclosing it to any person who accesses my Wish List from such website. I understand that my Wish List will show my name (Wish List Creator), Alternate Name (if provided by me), Gift Recipient Name, the city and province in which I reside, the Event Date and a listing of all items which I have added to the Wish List at mindgames.ca. If I provide an Alternate Name and/or Gift Recipient Name (which is not my name), I represent and warrant to mindgames.ca that I have all necessary authority and have obtained all necessary consents from such other person to enable mindgames.ca to collect, use and disclose such information for the foregoing purposes and to ship gifts to the Gift Recipient. mindgames.ca occasionally uses its list of Wish List Creators to send them communications or special offers that mindgames.ca believes may be of interest.

 

Email Policy

If you provide mindgames.ca with your email address, you may be contacted for marketing and campaign update purposes. When you become a mindgames.ca customer, you will be subscribed to our automated campaign update emails. If at any time you do not wish to receive e-mail from mindgames.ca in the future, you may unsubscribe.

In order to unsubscribe from a mailing list, you may choose any of the following options:

       1. Follow the unsubscribe link found at the bottom of the email you've received

       2. Contact your account manager or our customer service and ask to be unsubscribed from automated marketing and/or campaign update emails.

Please be aware that if you are a mindgames.ca customer, an account manager may continue to manually contact you via email for administrative or informational purposes, including follow-up messages regarding business transactions between mindgames.ca and yourself. By law, such messages are not considered to be commercial e-mail.

 

External Links

mindgames.ca websites contain links to external, third party web sites along with relevant commentary to provide our visitors with information and content they are looking for.

By providing links to other sites, mindgames.ca does not guarantee, approve or endorse the services or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to the mindgames.ca website in question.

Mindgames.ca does not operate or control and has no responsibility for the information, products and/or services found on any external sites. Nor does it represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose.

You assume complete responsibility and risk in their use of any external sites. You should direct any concerns regarding any external link to its site administrator.

 

Social Media Sharing

You provide your consent for mindgames.ca to share your products reviews and likes and tweets about specific product through their social media accounts such as Youtube, Instgram, Pinterest, Facebook and Twitter.

 

Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY LAW: SERVICES AND CONTENT ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND AGAINST INFRINGEMENT. WE MAKE NO WARRANTY THAT: (i) THE FUNCTIONS OF AND SERVICES PROVIDED IN THIS SITE WILL BE UNINTERRUPTED, SECURE OR ERROR- FREE; (ii) DEFECTS WILL BE CORRECTED; OR (iii) THIS SITE OR THE SERVER THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO WARRANTY REGARDING THE ACCURACY, VERACITY, INTEGRITY OR QUALITY OF THE CONTENT, SITES OR RESOURCES MADE AVAILABLE ON OR FROM THIS SITE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY THAT SUCH CONTENT, SITES OR RESOURCES WILL BE FREE OF MATERIAL THAT IS OFFENSIVE, INDECENT OR OBJECTIONABLE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

 

Limitation of Liability

IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES FOR ANY USE OF THIS SITE, OR USE OF ANY OTHER LINKED SITE, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THE SITE AT YOUR OWN DISCRETION.