HALIGONE’S GENERAL TERMS AND CONDITIONS
Important notice: Please be aware that section 13 contain important disclaimers and limitations of
liability. Please read these Terms and Conditions carefully before accessing or using our website or
These General Terms and Conditions (“Terms” or “Terms and Conditions”) constitute a legally binding
contract between you and www.haligone.com (“Haligone”, “us”, “we”, or “our”), operated by Haligone
Inc. established under the federal laws of Canada with its registered office in Halifax, Nova Scotia, Canada.
These Terms apply to all users of our Platform, including merchants (“Merchant”) using the Platform to
sell their merchandises (“Items”) and users who purchase merchandises through the Platform or browse
the content on the Platform (in either case “Customers”). If you are using the Pla tform on behalf of
another person or legal entity, you represent and warrant that you are an authorized representative of
such person or entity. The term “user”, “you” or “your” refers to the individual or legal entity, as
applicable, accessing or otherwise using the Platform. You and Haligone are sometimes collectively
referred to herein as the “Parties” and individually as a “Party”.
You indicate that you have read and accept these Terms by accessing and browsing through the Platform.
Haligone may amend these Terms and Conditions from time to time. Amendments will be effective upon
Haligone’s posting of such updated Terms and Conditions at this location. Your continued access or use
of the Platform after such changes constitutes your consent to be bound by these Terms, as amended.
under our control from loss, misuse, and alteration. Personal information provided on the website and
online credit card transactions are transmitted through a secure server using Secure Socket Layering (SSL)
encryption technology. Important information about Haligone’s practices on the collection, use and
(https://shop.haligone.com/privacy-policy/), which forms a part of this Agreement.
- Additional Terms.
separate agreements with Haligone. In the event of any conflict, the terms of the separate Haligone
agreement will prevail.
[b] For Customers, you acknowledge that Merchants may impose additional privacy policies which
govern their practices in collecting, storing, using and disclosing your personal information. You understand
that Merchants may impose additional terms and conditions (“Retail Terms”) for issuing refund, making
exchanges, and providing warranties and repairs to your orders of Items on the Platform. You hereby
represent and warrant to Haligone that you acknowledge and agree with such privacy policies and Retail
Terms imposed by any Merchant through using the Platform.
- User Accounts and Using the Platform in General.
[a] You represent and warrant that all information supplied by you, including your personal
information, on the Platform is true, accurate, current and complete. You must not share your account
credentials with any person. Haligone shall not be liable for any loss or damages arising from your failure
to safeguard your account
[b] User may only use the Platform, including any User Content (as defined hereafter), for the Permitted Uses listed below, unless we grant you a prior written approval:
i. Merchants may use the Platform to create an account, and manage Merchant’s online store on the Platform via the merchant panel. Merchants may manage inventory of such online store by adding, deleting, or changing quantity of Items. Merchant may also use the Platform to check transactional records and view visitor statistics of such online store; and
ii. Customers may use the Platform to create an account, view Merchant’s online store and item listings, place orders (each an “Order”) for Items, paying the Order, and receiving the Order through the delivery service.
[c] You understand and agree that we reserve the sole and absolute right to modify, cancel, suspend, delete, and terminate your account, restrict or suspend your access to your account, or reject your account registration for any or no reason, including but not limited to:
i. violations of these Terms and Conditions;
ii. violation of law;
iii. our provision of the services to you is no longer commercially viable; and
iv. inactive account for more than 36 months.
[d] To place orders as a Customer, or to operate as a Merchant, you must be over the age of majority in your jurisdiction.
[e] You are prohibited to:
i. use the Platform for unlawful purposes;
ii. remove any proprietary notices, including copyright and trademark notices, from the Platform;
iii. reproduce, modify, prepare derivative works, license, distribute, lease, sell or resell, transfer, publicly display or perform, transmit, stream, broadcast or otherwise exploit the Platform, unless we grant you a written permission;
iv. reverse engineer, recompile or disassemble the Platform;
v. link to, mirror or frame any portion of the Platform unless we grant you a written permission; and
vi. unduly impair any aspect or functionality of the Platform or its related systems or networks, including data mining and attempt to gain unauthorized access.
- Delivery Service
[a] Haligone does not prepare or fulfil any orders for Items and no members of the Haligone will be liable for any transactions between Customers, Merchant or Delivery Person.
[b] You further acknowledge that Haligone has the right to provide logistics or delivery services through independent contractors who are not employed by Haligone or any of its affiliates (each a “Delivery Person”). [c] User acknowledges and agrees that neither Haligone nor the Delivery Person takes title to any Item at any time.
The following Sections 5, 6, 7, and 8 of this Agreement exclusively apply to Customer[s]:
- Our Fees for Customers
[a] You understand that your use of the Platform may result in service charges (“Charges”) to you for the you Order in addition to the Merchant’s listing price of Items and applicable taxes (collectively “Order Price”). Haligone may establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Platform at any time. Haligone will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your account regardless of your awareness of such Charges or the amounts thereof.
[b] Charges include, but are not limited to Delivery Fee and Customer Service Fee, and applicable taxes for those Fees. Haligone retains the right to modify Charges with its sole discretion. We maintain and regularly update Charges on the Fee Schedule page of our Platform. You can visit the bottom of our landing page (www.haligone.com) for more information about our Charges.
[c] Applicable Charges may be added at checkout along with the Order Price and will be payable by you.
[d] Haligone reserves the sole and absolute discretion to decide whether the delivery address of a Customer’s Order is located in Halifax Peninsula or Bedford.
[f] Haligone reserves the sole and absolute discretion to cancel your Order for unsuccessful checkouts and charge you additional fees for processing charge-back Orders.
- Delivery of your Order
[a] Haligone will schedule the pick-up and delivery time of your order with the Merchant and Delivery Person only after your Order Payment is processed and cleared through the payment gateway.
[b] Haligone will use reasonable commercial efforts to facilitate the delivery of the Items to you by the end of such pick-up day. Delivery Person may contact you to schedule a delivery time for your Order. These times are only an estimate and Haligone and Delivery Person offer no guarantee that these times will be achieved.
[c] If Delivery Person misses the agreed time, you are not entitled to any compensation, providing the circumstances are reasonable.
[d] You agree to share your first and last name, contact information, and your shipping address and postal code to the Delivery Person for the purpose of completing the delivery service of your Order.
[e] Delivery Person will wait for 10 minutes after such person arrives at your shipping address location (“Delivery Interval”).
[f] If you or any adult on behalf of you fails to show up during the Delivery Interval, Haligone may reschedule (at cost to you) or cancel the delivery, and you will be liable for all applicable Delivery Charges and additional costs for rescheduling.
- Refund Policy and Contact Information
[a] Charges paid by you are final and non-refundable between you and Haligone. This clause does not prevent you to seek a refund, return, warranty and exchange for your Order with Merchant directly. Please check with the Merchant to understand its policies.
[b] Merchant shall be your primary contact if you have any concern or complains regarding the Items or status of your Orders.
[c] If you have any other questions, complains, or concerns about Haligone. Please send your email to: email@example.com. We are happy to help.
- Additional Customer Terms.
[a] You may use the Platform and contact Haligone to request and schedule logistics or delivery services of your Order with a Delivery Person, but you agree that Haligone has no responsibility or liability
to you related to any such services provided to you by such providers other than as expressly set forth in these Terms and Conditions.
[b] Customer may only request delivery services to Halifax Peninsula or Bedford at this time. Customer shall not place an Order for shipping addresses outside of such locations.
[c] You acknowledge and agree that neither Haligone nor the Delivery Person takes title to any Item that you have ordered at any time. The legal contract for the purchase of Items will, in all cases, be between the you and the Merchant. You irrevocably appoint and authorize us to act as your sole and exclusive agent for the purpose of concluding contracts for the sale of Items between you and the Merchant by means of you placing Orders via the Platform.
[d] Haligone’s capacity as an agent is limited to facilitate your payment of the Order on behalf of the Merchant as the Merchant’s limited payment collection agent. We may act as agent for both you and Merchant for the legal contract for the purchase and sale of the Items. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Merchant. We will remit the Merchant’s portion of your Order payment to Merchant.
[a] You acknowledge and agree that we do not have any control over the quality of the goods or services offered by Merchant or Delivery Person. Haligone has no liability to you for any problems caused by the Merchant or Delivery Person concerning your orders, including, without limitation, missed or late deliveries, missing Items, and any problems with respect to the quality of the Items delivered.
[b] If for any reason Items in an Order in the possession or control of Haligone cannot be delivered to you or returned to the Merchant, including without limitation because the Item or Delivery has been refused or abandoned by either Merchant or you, Haligone will retain the Item for a maximum period of 30 days. At the expiration of the 30 days, Haligone is deemed to have fulfilled all obligations that it may have as common carrier; the Merchant and Customer will be deemed to have relinquished any and all proprietary rights in Packages and Shipments and or their contents which remain unidentified and or undeliverable (“Unclaimed Goods”); and to the fullest extent permitted by law, full and clear title to the Unclaimed Goods will pass to Haligone. Following the 30-day period, Haligone may dispose of the Unclaimed Goods in any manner it elects, including selling of the Items to any person or entity.
- Ending Relationship.
[a] We may terminate these Terms at any time at our discretion by providing notice to your email address on your account file.
[c] Please note that if you do not agree to these Terms, you must stop browsing or using the Platform in any means, or otherwise you will be deemed to accept these Terms and Conditions.
- Our Intellectual Property Rights.
[a] Haligone hereby grants you a personal, revocable, non-exclusive and non-transferable license to browse and use the Platform in accordance with these Terms and Conditions.
[b] You agree that the Platform and its entire contents, features, and functionalities, including but not limited to designs, graphics, pictures, illustrations, software, artwork, video, sound, audio, texts, names, words, titles, phrases, logos and marks (collectively “Contents”) displayed on the Site are owned by Haligone, our licensors, or other providers of such material and protected by copyright, trademark and any other applicable intellectual property laws.
- User Content.
[a] Notwithstanding section 8[b], each user is solely responsible for all Contents he or she uploaded, emailed, or, in any method, transmitted to the Platform and Haligone (“User Content”). We shall not be liable under any circumstances in any way for any User Content, including for any loss or damage of any kind incurred as a result of or otherwise relates to the viewing or use of the Platform.
[c] For any User Content you upload or otherwise make available to us, you grant Haligone, a perpetual, non-exclusive, worldwide, royalty-free, transferable, and fully sublicensable license to use, refrain from using, remove, reproduce, modify, edit, copy, adapt, publish, translate, create derivative works from, distribute, transmit, perform display and otherwise use such User Content, in whole or in part. You represent and warrant that you have all the rights, power and authority necessary to grant the license granted herein to any User Content that you submit.
[d] You understand and agree that we do not guarantee the accuracy, integrity or quality of such Content.
[e] We are not obligated to post or display any User Content on the Platform. We reserve the sole and absolute right to remove or modify your User Content, including such content that violates applicable law, intellectual property rights, or affects our ordinary business operation. We will not be liable to you or any third-party for any suspension or termination of your access or removing any of your User Content.
- Indemnification. User shall indemnify and hold Haligone and its partners, employees, and agents harmless against all liabilities, losses, claims, damages, costs and expenses of any nature whatsoever incurred as a consequence of its non-observance of any regulations or as required with regards to or in connection with the use of the Platform, the delivery or logistic services supplied by the Delivery Person, the Order, and/or the Items under these Terms and Conditions. 13. Warranties and Limitation of Liabilities. [a] Each Party represents and warrants that it has the full right, power, and authority to enter into and perform its obligations under this Agreement without breaching any obligation to any third party. [b] THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” Use the Platform at your own risk. Except as expressly set forth herein, to the extent permitted by applicable law, Haligone hereby expressly disclaims all warranties and conditions, express, implied or statutory, arising from or otherwise relating
[a] This Agreement shall be governed by the provincial laws of Nova Scotia and the federal laws of Canada applicable therein, whose Nova Scotian Courts shall have the sole jurisdiction to adjudicate claims made in respect of this Agreement.
[b] This Agreement comprises the entirety of the contract between the Parties, and Haligone shall not be held liable in respect of any representation not made in writing herein.
[c] Haligone’s failure to insist upon or enforce strict performance of any provision of these Terms of Service will not be construed as a waiver of any provisions or right.
[d] Haligone may, in its sole discretion, provide notices to you by email at the then-current email address for you on file with Haligone. Haligone may be contacted in writing at the email address: firstname.lastname@example.org. Haligone may change its notice contact information from time to time by posting updated contact details on the Platform.
[e] All references in this Agreement to “dollars” or “$” are to Canadian dollars, unless otherwise stated.
[f] You may not assign any of your rights hereunder without the prior written consent of Haligone.
[g] If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability will not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
[h] The parties agree that irreparable damage would occur if any provision of this Agreement was not performed in accordance with the terms hereof and that the parties are entitled to equitable relief, including injunctive relief or specific performance of the terms hereof, in addition to any other remedy to which they are entitled at law or in equity.
[i] Haligone shall not be liable for any loss, damage, destruction or unreasonable delays caused by events it cannot control: a) acts of God, the Queen’s or public enemies, extreme weather conditions, pandemic outbreaks; b) riots, civil commotions; c) strikes, mechanical Delays; d) authority of law; e) defects of the Item shipped; f) act of default of the Merchant or receiver or owner of the goods and Items; g) nuclear reaction, radiation or radioactive contamination; and h) improper packaging, addressing, or securing of Items.