The Peacock Parade

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Terms of Use

As of May 9, 2011

1. Scope

1.1 This Web Site ('Web Site') is operated and provided by The Peacock Parade Inc. and/or its affiliates in Canada ('Peacock Parade'). PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE, as any use of this Web Site, including browsing and any sale of products or services offered on this Web Site, is subject to the legal terms and conditions outlined below (the “Terms of Use”). These Terms of Use may be amended, modified or replaced by other terms and conditions, e.g. for the purchase of products and services, without prior notice. With log-in, or where a log-in is not required, in accessing or using the Peacock Parade Web Site, these Terms of Use are accepted in their then current version, and you agree to follow and be bound by them.

2. Services

2.1 This Peacock Parade Web Site contains specific information and software, as well as - as the case may be - related documentation, for viewing or downloading.

2.2 Peacock Parade may stop the operation of the Peacock Parade Web Site in full or in part at any time. Due to the nature of the internet and computer systems, Peacock Parade cannot accept any liability related to the continuous availability of the Peacock Parade Web Site. Peacock Parade is not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications.

2.3 Peacock Parade reserves the right to change or discontinue, temporarily or permanently, the Web Site and any products and services available on the Web Site, including but not limited to revising or deleting features or other information without prior notice to you.

3. Registration, Password, Purchases

3.1 Some pages of the Peacock Parade Web Site may be password protected. In the interest of safety and security of any sale or any other transactions, only registered users may access the pages of the Web Site. Peacock Parade reserves the right to deny registration to any user. Peacock Parade particularly reserves the right to determine certain sites, which were previously freely accessible, subject to registration. Peacock Parade is entitled, at any time and without obligation to give reasons, to deny you the right to access the password-protected area by blocking your User Data (as defined below), in particular if you:

  • Use false data for the purpose of registration;
  • Violate these Terms of Use or neglects your duty of care with regard to User Data; or
  • Violate any applicable laws in the access to or use of the Peacock Parade Web Site.

3.2 Upon termination of a user account, Peacock Parade will remove all User Data and other stored personally identifiable data of the user as soon as the data is no longer required.

3.3 When you register with the Peacock Parade Web Site, you shall give accurate information and, where such information changes over time, update such information (to the extent possible, online) without undue delay. You shall ensure that your e-mail address, as supplied to Peacock Parade, is current at all times and an address at which you can be contacted.

3.4 Upon registration you will create a password, which together with your e-mail address, will comprise your "User Data". You shall keep your password confidential, and ensure it remains known only to you. The User Data allows you to view or change your User Data.

3.5 Upon registering with Peacock Parade and becoming a member of the Web Site, you agree that all merchandise you purchase from this Web Site is solely for your personal use and that neither you or any other person or entity will resell it.

3.6 You shall ensure that User Data is not accessible by third parties and you are liable for all transactions and other activities carried out under your User Data. At the end of each online session, you shall log off from the password protected Web Site. If and to the extent you become aware that third parties are misusing your User Data you shall notify Peacock Parade thereof without undue delay in writing, or, as the case may be, by e-mail.

3.7 After receipt of the notice under paragraph 3.6, Peacock Parade will deny access to the password-protected area under such User Data. Your access to the Web Site will only be possible again upon your application to Peacock Parade or upon new registration.

3.8 At any time you may request termination of your registration with the Peacock Parade Web Site in writing, provided that the deletion will not violate the proper performance of contractual relationships. In such event, Peacock Parade will remove your User Data and other stored personally identifiable data related to you as soon as the data is no longer required.

3.9 You must pay for all charges noted on this Web Site as payable by you, including without limitation, any taxes applicable to any product or service. Any items purchased on this Web Site will not be delivered to an address outside of Canada. All prices listed on this Web Site are in Canadian dollars and all charges will be processed in Canadian dollars. Any product ordered or purchased from this Web Site may only be ordered or purchased for non-commercial and lawful purposes and any other use is not permitted. Peacock Parade reserves the right to limit the quantities of certain products which you can purchase through this Web Site. Peacock Parade will use commercially reasonable efforts to deliver items as quickly as possible and within any time periods indicated; however, Peacock Parade will not be responsible for any delays in delivery which are beyond its control. Where delivery is delayed, Peacock Parade will notify you as soon as possible.

All payments must be made by credit card. The Peacock Parade Web Site accepts all major credit cards. We do not ship on Saturdays, Sundays or Canadian statutory holidays. We ship all items with Express Post, and due to shipping restrictions, we cannot delivery to P.O. Boxes. All shipments are subject to stock availability. Your credit card will be billed on shipment of your order.

Under the “Customer Return Policy”, customers who buy any merchandise from Peacock Parade may return such merchandise to Peacock Parade up to 14 days after the date of the invoice. The invoiced amount for such returned items will be credited to your Peacock Parade account, for future use on the Web Site. Your credit will appear in your account within 14 days of our receipt of your returned item. Shipping and handling charges will not be refunded, and all refunds are subject to merchandise being returned in as-new condition with all items included with the original shipment of such item (such as extra buttons, packaging, etc.).

In order to protect you and Peacock Parade from fraudulent transactions, Peacock Parade may provide your transaction-related information to a reputable third party organization to perform and address verification. This address verification is intended to ensure that the ‘bill to’ address that you provided matches your credit card address. Peacock Parade also reserves the right, at its discretion, not to ship items ordered or purchased on this Web Site to certain addresses. In the event that Peacock Parade chooses not to ship an item, you will be notified by e-mail and any amount charged to your credit card will be refunded.

If you have a complaint or concern with respect to your purchase, please contact Peacock Parade by e-mail at: info@thepeacockparade.com, or by mail at The Peacock Parade Inc., 828 Richmond Street West, Toronto, Ontario, N6J 1C9.

4. Rights of Use for Content, Information, Software and Documentation

4.1 The use of any Content (as defined below), information, software, documentation or otherwise made available on or via this Peacock Parade Web Site is subject to these Terms of Use or, subject to the applicable license terms agreed to with Peacock Parade. Separately agreed to license terms shall prevail over these Terms of Use.

4.2 Peacock Parade grants you a non-exclusive and non-transferable license, which may not be sublicensed, to use the Content, information, software and documentation made available to you on or via the Peacock Parade Web Site to the extent agreed, or in the event of no such agreement to the extent of the purpose intended by Peacock Parade in making same available, provided that you shall use this Web Site for personal, non-commercial use only, and shall not remove any trademark, copyright or otherwise contained on this Web Site. Peacock Parade may revoke this license at any time and without notice, for any reason including but not limited to breach of these Terms of Use.

4.3 The Content of this Web Site may not be distributed by you to any third party at any time nor may it be rented or in any other way made available for any purpose including without limitation compiling an internal database, redistributing or reproducing the Content of this Web Site by the press or media or through any commercial network, cable or satellite system, or creating derivative works of the Content of this Web Site. Unless such is allowed by mandatory law, you shall not modify the Content of this Web Site nor shall you disassemble, reverse engineer, adapt, translate, transmit, arrange, modify, copy, publish, decompile or make available to any person or otherwise use, either directly or indirectly, the Content of this Web Site or any part thereof by any means whatsoever.

4.4 All Content of this Web Site, including without limitation all text, design, graphics, drawings, photographs, e-mails, pictures, video, code and software and all organization and presentation or such content (the “Content”) is protected by copyright laws as well as international copyright treaties as well as other laws and conventions related to intellectual property. You shall observe such laws and in particular shall not modify, conceal or remove any alphanumeric code, marks or copyright notices neither from the information nor from the Content, software or documentation, or any copies thereof.

The copyright and trademarks with respect to some Content on this Web Site are owned by third parties. Nothing contained on this Web Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use the Web Site or any information displayed on the Web Site, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms of Use; or (b) with the prior written permission of Peacock Parade or the prior written permission from such third party that may own the trademark or copyright of information displayed on this Web Site.

5. Intellectual Property

5.1 Notwithstanding the particular provisions in Section 4 of these Terms of Use, information, brand names and other Content of the Peacock Parade Web Site may not be changed, copied, reproduced, sold, rented, used, supplemented or otherwise used in any other way without the prior written permission of Peacock Parade.

5.2 Except for the rights of use and other rights expressly granted herein, no other rights are granted to you nor shall any obligation be implied requiring the grant of further rights. Any and all patent rights and licenses are expressly excluded.

6. Your Duties

6.1 In accessing or using the Peacock Parade Web Site you shall not:

  • harm other persons, in particular minors, or infringe their personal rights;
  • breach public morality in its manner of use;
  • violate any intellectual property right or any other proprietary right;
  • upload any contents containing a virus, so-called Trojan Horse, or any other program that could damage data;
  • transmit, store or upload hyperlinks or contents to which you are not entitled, in particular in cases where such hyperlinks or contents are in breach of confidentiality obligations or unlawful; or
  • distribute advertising or unsolicited e-mails (so-called "spam") or inaccurate warnings of viruses, defects or similar material and you shall not solicit or request the participation in any lottery, snowball system, chain letter, pyramid game or similar activity.

6.2 Peacock Parade may deny access to the Peacock Parade Web Site at any time, in particular if you breach any obligation arising from these Terms of Use.

6.3 This Web Site is not intended to be used by children under the age of 18. By registering for a Peacock Parade membership, you acknowledge and represent that you are an individual who is at least 18 years of age.

7. Hyperlinks

The Peacock Parade Web Site may contain hyperlinks to the web pages of third parties. Peacock Parade shall have no liability for the contents of such web pages and does not make representations about or endorse such web pages or their contents as its own, as Peacock Parade does not control the information on such web pages and is not responsible for the contents and information given thereon. The use of such web pages shall be at your sole risk.

Peacock Parade assumes no responsibility for the actions of third parties who provide services to users of this Web Site through their own third party web sites.

8. Liability for defects of title or quality

8.1 This Web Site, its Content and the products and services available on this Web Site are provided on an “as is” and “as available” basis. Peacock Parade expressly disclaims any conditions, representations and warranties, express or implied of any kind with respect to this Web Site, its uses and the products and services offered on this Web Site, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, title, accuracy and freedom from computer viruses and other harmful content.

8.2 Insofar as any Content, information, software or documentation is made available at no cost, any liability for defects as to quality or title of the information, software and documentation especially in relation to the correctness or absence of defects or the absence of claims or third party rights or in relation to completeness and/or fitness for purpose are excluded except for cases involving willful misconduct or fraud.

8.3 The information on the Peacock Parade Web Site may contain specifications or general descriptions related to individual products that may not be available in certain cases (e.g. due to product changes). The required performance of the product shall therefore be mutually agreed in each case at the time of purchase.

9. Other Liability, Indemnification, Viruses

9.1 In no event shall Peacock Parade, its affiliates, officers, directors, employees, agents, representatives, suppliers, content or service providers, or successors or assigns be liable, whether in contract, warranty, tort (including negligence- whether active, passive or imputed), product liability, strict liability or other theory, to you or any other person for damages of any kind (including, without limitation, direct, indirect, compensatory, special, exemplary, incidental, punitive or consequential damages) even if made aware of the possibility of such damages, arising out of or in connection with the use or inability to use, or results of use of, or performance of the Web Site, its Content, information or materials contained on the Web Site and/or any products or services available on the Web Site. If you are dissatisfied with this Web Site and the content thereon, or the Terms of Use, your sole and exclusive remedy is to discontinue use of this site.

9.2 The liability of Peacock Parade for defects in relation to quality and title shall be determined in accordance with the provisions of Section 8 of these Terms of Use. Any further liability of Peacock Parade is excluded unless required by law, or in cases of willful misconduct, gross negligence, personal injury or death, failure to meet guaranteed characteristics, fraudulent concealment of a defect or in case of breach of fundamental contractual obligations. The damages in case of breach of fundamental contractual obligations is limited to the contract-typical, foreseeable damage if there is no willful misconduct or gross negligence.

9.3 You agree to indemnify, defend and hold harmless Peacock Parade and its officers, directors, affiliates, employees, partners, agents, consultants, representatives and third party service providers from any and all claims, causes of action or demand, and liabilities, including but not limited to legal, accounting and other professional fees, incurred as a result of any violation of these Terms of Use, your use of the Web Site and any activity related to your account with Peacock Parade, including negligent or wrongful conduct, by you or any other person accessing the Web Site using your account or your User Data.

9.4 Although Peacock Parade makes every endeavour to keep the Peacock Parade Web Site free from viruses, Peacock Parade cannot make any guarantee that it is virus-free. The user shall, for its own protection, take the necessary steps to ensure appropriate security measures and shall utilize a virus scanner before downloading any Content, information, software or documentation. Peacock Parade assumes no responsibility, and shall not be liable for any damages to, or any viruses affecting your computer equipment or other property on account of your access to or use of this Web Site or your downloading of any materials, data, text, images, video or audio from this Web Site.

9.5 Sections 9.1 and 9.2 do not intend nor imply any changes to the burden of proof to your disadvantage.

10. Data Privacy Protection

For collection, use and processing of personally identifiable data of the user of the Peacock Parade Web Site, Peacock Parade shall comply with applicable laws on data privacy protection and the Peacock Parade Privacy Policy which is available on this Web Site.

You have read the Peacock Parade Privacy Policy, the terms of which appear on www.ThePeacockParade.com and are incorporated into these Terms of Use, and agree that the terms of such policy are reasonable. You consent to the collection, use and disclosure of your personal information by Peacock Parade and/or third parties in accordance with the terms of and for the purposes set forth in the Peacock Parade Privacy Policy.

11. Supplementary Agreements, Place of Jurisdiction, Applicable Law

11.1 Any supplementary agreement requires the written form, and must be written by Peacock Parade.

11.2 The place of jurisdiction shall be Toronto, Ontario, Canada.

11.3 The individual pages of the Peacock Parade Web Site are operated and administered by Peacock Parade and/or its affiliates. The pages comply with the law applicable in the country where the responsible company has its business residence. Peacock Parade makes no representation that Content, information, software and/or documentation on the Peacock Parade Web Site are appropriate or available for viewing or downloading at locations outside such country. If you access the Peacock Parade Web Site from outside such country, you are exclusively responsible for compliance with all applicable local laws. Access to Peacock Parade Web Site's information, software and/or documentation from countries where such content is unlawful is prohibited.

11.4 These Terms of Use as well as the use of this Web Site, including any order or purchase made through this Web Site, shall be governed by, and all disputes relating to or in connection with these Terms of Use or their subject matter shall be resolved in accordance with, the laws of Ontario and the laws of Canada applicable herein, to the exclusion of its conflict of laws rules. By using this Web Site, you consent and submit to the exclusive jurisdiction of any court located within the City of Toronto, Province of Ontario, Canada. All legal proceedings or disputes arising out of these Terms of Use and your use of this Web Site shall be resolved exclusively in a court in Toronto, Ontario, Canada within one year of the time in which the events allegedly giving rise to such claim began, or your claim will be forever waived and barred. The application of the United Nations Convention on Contracts for the International Sales of Goods (CISG) of 11 April 1980 is excluded.

If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms, and shall not affect the validity or enforceability of any remaining provisions. These Terms of Use, as updated and revised from time to time, together with the Privacy Policy, is the entire agreement between you and Peacock Parade relating to the subject matter herein.

Peacock Parade may assign its rights and obligations under these Terms of Use. These Terms of Use will inure to the benefit of our successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms of Use, or to exercise any right under these Terms of Use, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and will remain in full force and effect.