Site use
You may use the Site for lawful purposes only. You may not use the Site:
- in any way that breaches any applicable local, national or international law or regulation;
- in any way that infringes the rights of any other person;
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- to transmit any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); and
- to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
Content Standards
These content standards apply to any and all material which you contribute to the Site and to any interactive services associated with it.
Your contributions must:
- be accurate (where they state facts);
- be genuinely held (where they state opinions); and
- comply with the applicable law of the country from which they are posted.
Linking to the Site
You may link to our Site provided you do so in a way that is fair and legal and does not damage Rogers’ Chocolates reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement from Rogers’ Chocolates.
Rogers’ Chocolates reserves the right to withdraw linking permission without notice. The website you are linking to must comply with the content standards (set out above).
Links from the Site
Rogers’ Chocolates is not responsible for the contents of any website operated by a third party which may be accessed via this Site, and Rogers’ Chocolates does not accept any obligation, gives no assurance, and assumes no liability or responsibility (whether express or implied) in relation to any content on any other website. All links on this Site are provided for your convenience only and do not imply that Rogers’ Chocolates approves or recommends the content of such websites.
Intellectual Property
The Rogers’ Chocolates name, logo, corporate symbols and trade marks are the sole property of Rogers’ Chocolates and/or its Parent, and no permission is given in respect of their use. The Site and its contents are protected by EU and international copyright laws and other intellectual property rights. Unless otherwise indicated as between Rogers’ Chocolates and the user of the Site, Rogers’ Chocolates and/or its Parent is the owner of the copyright and all other intellectual property rights in the Site and its contents. Save as set out below, no part of the Site may be reproduced, modified, copied or used for any commercial purpose without the prior written permission of Rogers’ Chocolates.
You may retrieve and display the content of the Site on a computer screen, or print one copy of such content (including the Terms and Conditions of Sale, the Privacy Policy and any order confirmation) for your own personal use, provided you keep intact all and any copyright and proprietary notices. Use of the content otherwise than in accordance with these Terms will expose you to claims for infringement of our intellectual property rights of the Rogers’ Chocolates Group and/or of third parties.
Liability
The Site is provided without any warranties or guarantees. To the extent permissible by any applicable law, Rogers’ Chocolates, its associated companies and their officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for loss or damage of whatever nature (including but not limited to loss of profits or anticipated savings or wasted expenditure) arising from or in connection with your access to or use of this Site, or reliance on the Site, regardless of whether such loss or damage would arise in the ordinary course of events or otherwise, is reasonably foreseeable or otherwise, or is caused by any error or omission in the Site (whether negligent or not), except that nothing affects any liability of Rogers’ Chocolates, its associated companies and their officers, directors, employees, shareholders or agents of any of them for death or injury caused by their negligence or any other liability which may not be excluded or limited by law.
Whilst Rogers’ Chocolates makes reasonable attempts to exclude viruses or other destructive computer codes from the Site, it does not accept any obligation, gives no assurance and assumes no liability or responsibility (whether express or implied) in relation to viruses or such computer code. You should take all appropriate safeguards before using the Site or downloading from the Site.
Nothing in this paragraph "Liability" applies to Rogers’ Chocolates liability for goods purchased through the Site, which is governed by to our Terms and Conditions of Sale.
Governing Law
The Terms and your use of this Site shall be governed by British Columbia law. By using the Site and accepting the Terms you submit to the exclusive jurisdiction of the courts at the seat of Rogers’ Chocolates save that Rogers’ Chocolates may take action in any appropriate jurisdiction to protect its intellectual property rights or to recover any amount owed to Rogers’ Chocolates.
General
If any provision of the Terms is deemed unlawful, void or for any other reason unenforceable then that provision shall be deemed severed from the Terms and shall not affect the validity and enforceability of any remaining provisions.
Rogers’ Chocolates failure to exercise or enforce any rights or any provision of the Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by Rogers’ Chocolates in writing.
The section titles in the Terms are for convenience only, and have no legal or contractual effect.