TERMS OF USE
OFFICIAL Papagino Foods WEBSITE
Your access and use of the websites on which these terms reside (including, without limitation, versions of such websites optimized for mobile and tablet) (collectively, the “Website"), and the content and services at this Website are subject to these Terms of Use (or “Terms”), which we may update from time to time. Please read these Terms carefully before using this Website. The Website is owned or controlled by Papagino Foods Inc. (or “Papagino"). Throughout the Website, the terms “we,” “us” and “our” refer to Papagino. Papagino offers this Website, including all information, tools and services available from this Website, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated here. Your use of this Website constitutes your agreement to these Terms of Use. Papagino has tried to accurately display shapes and colors of its products on the Website, they mostly depend on the display of your device and may therefore be perceived differently. Papagino reserves the right at all times to modify its collections featured and pricing on the Website. All intellectual property rights such as trademarks, trade names, designs and copyrights are reserved and are exclusively owned by Papagino.
Terms of Use
Your access and use of the website Papaginofoods.COM (the “Website”) is subject to the following terms and conditions and all applicable laws. By accessing and browsing the Website, you accept without limitation or qualification this Terms of Use Agreement.
General Conditions
We reserve the right in our discretion to refuse service to anyone and to cancel online orders for any reason at any time. We reserve the right to ask for a government-issued identification for orders over $400 to ensure there is no fraudulent activity.Â
Papagino's Copyrights and Trademarks
Papagino owns the Website. Content on this Website that is provided by Papagino or its licensors, Papagino owns or has rights to all of the photographs, wallpaper, screen shots, digitally downloadable files, product and collection names, slogans, icons, characters, artwork, images, graphics, music, text, videos, software and other content of the Website (the "Content"), and all HTML, CGI and other code and scripts in any format used to implement the Website (the "Code"). The Content and Code of the Website are protected by copyright. Except as set forth herein, you may not copy, modify, upload, download, transmit, re-publish, display for redistribution to third parties for commercial purposes, or otherwise distribute any Code or Content from the Website without the prior written agreement of Papagino. You may not use the Content or Code from the Website for any purpose other than those set forth herein. All names, logos and trademarks which appear on the Website are the property of Papagino. You may not use them in any manner which is likely to cause confusion or in any other way without the prior express written permission from Papagino. Your failure to comply with this Terms of Use Agreement will constitute breach of contract and will violate Papagino’s copyright, trademark and other proprietary and intellectual property rights. Use of the Site and Posting Policy The following requirements apply to your use of the Website: (a) you will not use any electronic communication feature of the Website for any purpose that is unlawful, tortious, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful, all as determined by Papagino in its sole and absolute discretion; (b) you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (c) you will not collect or store personal data about other users; (d) you will not use the Website for any commercial purpose not expressly approved by Papagino in writing; (e) you will not upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication via the Website; and (f) you will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of the Site or any computer software or hardware or telecommunications equipment.
Rules for Promotions
Any giveaways, challenges, sweepstakes, contests, or other promotions (collectively, “Promotions”) made available through the Website may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable Official Rules as well as our Privacy Policy. If the Official Rules for a Promotion conflict with these Terms, the Promotion Official Rules will apply.
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Accounts, Passwords, and Security
Certain areas of the Website require registration or otherwise ask you to provide information to participate in certain features or access certain content. If you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Website. If the Website requires you to create an account or otherwise submit information, you must complete the specified process by providing us with current, complete, and accurate information as requested by the applicable registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. During the registration process, you will be asked to enter your name and valid e-mail address and choose a password. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify Papagino immediately of any unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the Website. Papagino is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge, and is not responsible for any delay in shutting down your account after you have reported a breach of security to us.
Use of Credit Card
If you wish to purchase any product or service made available through the Website, you may be asked to supply certain information relevant to your transaction, including without limitation your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant us or the third party collecting that information on our behalf the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgement or completion of any transaction.
Terms of Sale
Papagino ships from the Website to International locations. To learn more, visit Papaginos Return and Refund Policy, available on the Website. Orders already in the shipping process cannot be modified. Papaginocharges sales tax for merchandise ordered on the Website based on the applicable state or provincial sales tax rate of the location to which the order is being shipped. Payment conducted via the PayPal site and using PayPal services are subject to the terms and conditions set by PayPal. Despite our best efforts, occasional pricing and other errors may occur on the Website. Access to the Website does not constitute the right to purchase products featured. Papagino is not responsible for typographical, pricing or other errors. Products and prices of products described on the Website are subject to change at any time without notice. Papagino reserves the right to revise pricing and other errors and to cancel any order you have placed if there was an error concerning the price or availability of any item you ordered when you placed the order, even if you have received an order confirmation. If your credit card has already been charged for the purchase and your order is cancelled, Papagino will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. Papagino reserves the right to limit quantities of products purchased. A valid Visa, MasterCard, or American Express credit card number is required for payment. Separate charges for shipping and handling will be added to the price of the products ordered. Title to all products and risk of loss or damage will pass to the buyer upon shipment from Papagino. It is your responsibility to ascertain and obey all applicable local, state, provincial federal, and international laws in regard to the possession, use, and sale of any item purchased from the Website. By placing an order, you represent that the products ordered will be used only in a lawful manner.
Liability: No Warranties or Representations
While Papagino makes its best efforts to include accurate and up to date information on the Website, it makes no warranties or representations with respect to the content of the Website, which is provided "as is". To the fullest extent permitted by law, Papagino shall not be liable in any manner for direct, indirect, incidental, consequential, loss of data, income or profit, punitive damages and/or claims of third parties resulting from the use of, access to, or inability to use the information and/or the products offered on the Website or any damages arising out of or in connection with the use of the Website. Furthermore, Papagino assumes no responsibility and shall not be liable for any damages to or viruses that may infect your computer equipment or other property on account of your access to, use of or browsing in the Website or your downloading of information from the Website. The invalidity of any term, condition or provision of the Terms of Use Agreement shall not affect the enforceability of those portions of the Terms of Use Agreement deemed enforceable by applicable courts of law.
Privacy
Please read the Privacy Policy which governs the manner in which Papagino will handle any personal information that you provide.
Links and Third Party Websites
Papagino is not responsible for the content of any site linked to or from the Website. Linking to any other Website is entirely at a user's own risk. While Papagino may provide links on the Website to other sites, the inclusion of such links is solely for the convenience of the user. Papagino makes no representations and disclaims all warranties, express and implied, as to the accuracy, validity, suitability, legality or otherwise of any materials or information contained on such sites.
Jurisdiction
The Website is controlled and operated by Papagino from within Canada, and is not intended to subject Papagino to the laws or jurisdiction of any country other than Canada. We may limit the availability of the website, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. These Terms will be governed by and construed in accordance with the laws of Toronto, Canada without regard to conflicts of laws principles. By using this Website, you consent to the jurisdiction of, and agree that any and all disputes regarding these Terms and/or use of the Website not subject to the arbitration provision set forth herein will be brought before, the local courts located in Toronto, Canada. This Terms of Use Agreement was last updated December, 2019.