Please read these terms and conditions carefully before using this website. Your personal use of this website constitutes your agreement to follow and be bound by the terms and conditions below.
This website http://apium.ca (the "Site") is being made available to you free-of-charge. The terms "you", "your", and "yours" refer to anyone accessing, viewing, browsing, visiting or using the Site. The terms "APIUM.ca", "we", "us", and "our" refer to APIUM.ca, APIUM and APIUM Apparel, its affiliates and subsidiaries. We reserve the right to change the nature of this relationship at any time and to revise these Terms and Conditions from time to time as we see fit. As such, you should check these Terms and Conditions periodically. Changes will not apply to any orders we have already accepted unless the law requires. If you violate any of the terms of these Terms and Conditions you will have your access canceled and you may be permanently banned from accessing, viewing, browsing and using the Site. Your accessing, viewing, browsing and/or using the Site after we post changes to these Terms and Conditions constitutes your acceptance and agreement to those changes. Please note this is applicate whether you have or haven’t read them.
Entering the Site will constitute your acceptance of these Terms and Conditions. If you do not agree to abide by these terms, please do not enter the Site.
This Site is operated by The Raiment Group. We are a Canadian Company incorporated in Ontario, in 2008. Our primary place of business is 5060 Fairview Street. Burlington, ON. L7L 0B4.
APIUM.CA and other marks which may or may not be designated on the Site by a "®"‚ "SM"‚ “TM” or other similar designation, are registered, pending or unregistered trademarks or service marks of APIUM.ca, in Canada and other countries. Our graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of APIUM.ca. APIUM.ca's trademarks and trade dress may not be used in connection with any product or service that is not APIUM.ca's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits APIUM.ca. All other trademarks not owned by us that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by APIUM.ca.
You may not download (other than page caching) or modify the Site or any portion of it without our express, prior written consent. This includes: a prohibition on any resale or commercial use of the Site or its content; any collection and use of any product listings, descriptions, or prices; any derivative use or making adaptations of the Site or its Content; any downloading or copying of account information for the benefit of another merchant; and any use of data mining, screen-scraping, robots, or similar data gathering and extraction tools. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express, prior written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of APIUM.ca or its Associates without our express, prior written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express, prior written consent.
You acknowledge that the Site contains information, data, software, photographs, videos, typefaces, graphics, music, sounds, and other material (hereto referred to as "Content") that are protected by copyrights, trademarks, trade secrets, rights in databases and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the Canadian copyright laws, and we own a copyright and/or database right in the selection, coordination, arrangement, presentment and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or adaptations of, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the Canadian copyright laws.
Nothing contained on the Site should be construed as granting, by implication or otherwise, any license or right to use the Site or any information displayed on the Site, through the use of framing, deep linking or otherwise, except: (a) as expressly permitted by these Terms and Conditions; or (b) with our prior written permission or the prior written permission from such third party that may own the trademark or copyright of information displayed on the Site.
You agree to use the Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racial, ethnic, or otherwise objectionable material of any kind, including but not limited to any material that is or that encourages fraudulent activity or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, federal, or international law. If we are notified of or suspect allegedly infringing, defamatory, damaging, illegal, or offensive Content provided by you (e.g., through an author chat or online review), we may (but without any obligation) investigate the allegation and determine in our sole discretion whether to remove or request the removal of such Content from the Site. We may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect the rights or property of APIUM.ca, its Associates, our users and customers and/or you.
We reserve the right to prohibit conduct, communication, or Content that we deem in our sole discretion to be unlawful or harmful to you, the Site, Site users, our customers or any rights of APIUM.ca or any third party. Notwithstanding the foregoing, neither APIUM.ca nor its Associates can ensure prompt removal of questionable Content after online posting. Accordingly, neither APIUM.ca, nor its Associates assume any liability for any action or inaction with respect to conduct, communication, or Content on the Site.
We may terminate your access or suspend your right to access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law, is in breach of these Terms and Conditions or is harmful to the interests of other users, Associates, or us. In addition, we reserve the right to refuse an order from any customer in our sole discretion.
If you access the Site from within Canada or the USA, any dispute relating in any way to your visit to the Site, to these Terms and Conditions, to our Privacy and Security Policy, to our advertising or solicitation practices or to products you purchase through the Site shall be submitted to confidential arbitration in Toronto, Ontario, Canada. except that, to the extent you have in any manner violated or threatened to violate APIUM.ca's intellectual property rights, APIUM.ca may seek injunctive or other appropriate relief in any province or National Canadian Court. You hereby consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent of the law permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
We are not responsible for the content of any sites that may be linked to or from the Site or any bulletin board associated with us or the Site. These links are provided for your convenience only and you access them at your own risk. Unless otherwise noted, any other website accessed from the Site are independent from us, and we have no control over the content of that other website. In addition, a link to any other web site does not imply that we endorse or accept any responsibility for the content or use of such other website.
In no event shall any reference to any third party or third party product or service be construed as our approval or endorsement of that third party or of any product or service provided by a third party.
All items purchased from APIUM.ca are made relating to a shipment contract. This means that the risk of loss and title for said items passes on to you upon tender of the item to a carrier. We make every attempt and use every precaution to ensure that your products arrive intact on on-time. This includes, but is not limited to carrier and third party insurance, protective packaging, the use of reputable and responsible carriers.
If you use the Site, you are responsible for maintaining the confidentiality of the information you submit through "My Account" and the corresponding password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under "My Account" or password. We reserve the right to refuse service, terminate accounts and to remove or edit content submitted by you in the "My Account" area of the Site.