Manlee Nanaimo | Terms of Use

Effective Date: September 2 2024

Terms of Use

Welcome

Manlee The Orient, (referred to as "Manlee", “us”, “we” and/or "our") are excited to provide this website and it's services (the “Website” and "Services") for your personal, non-commercial use. Below we have listed important legal terms that apply to anyone who visits our Website or uses our Services. By using the Website, you are agreeing to be legally bound by the terms and conditions set out below (the “Terms of Use”), and to comply with all applicable laws and regulations. These terms are necessary in order to protect both you, us, and to allow us to provide the best possible service within our capacity.

We understand that legal terms can be exhausting to read, and we’ve tried to make the document as concise and clear as possible. If you have suggestions on how we can improve them, you are welcome to contact us here.

Introduction

Application of the Terms and Conditions:

The Terms of Use apply to the Services as they are offered to you through the Website and govern your use of the Website and it's related Services. If any other Terms of Use of the Website or it's Services conflict with, or are inconsistent with, the Terms of Use, the Terms of Use will prevail and govern to the extent of the conflict or inconsistency in connection with the use of the Website and it's Services.

Legal Agreement:

These Terms of Use together with such additional terms which specifically apply to the Website and it's Services as presented on (www.manleenanaimo.com) set forth the entire terms and conditions applicable to each visitor or user (“User”, “You", "Your”) and account(s) ("User Account") of any User of the Website and/or any other Services, applications and features offered by us, with respect thereto, except where we explicitly state otherwise (all services offered through the Website and any related Services). For the avoidance of doubt, these Terms of Use do not include website(s), service(s), applications, features, or components of any other third party ("Third Party" and/or "Third Parties") related or not, to our Website and/or Services.

The Terms of Use constitute a binding and enforceable legal contract between Manlee and You in relation to any use of the Website or Services. You may visit and/or use the Website and Services only if you fully agree to the Terms of Use. And by using and/or creating a User Account(s), you signify and affirm your informed consent to these Terms of Use and any other terms applicable to Your use of the Website and it's Services. If you do not read, or fully understand or if you do not agree to the Terms of Use, you must immediately leave the Website and avoid or discontinue all use of the Website, it's Services, and any in-person, phone, or e-mail conversation with any of, but not limited to, employees and staff of Manlee and it's associates.

By visiting our Website and using our Services, you also acknowledge that you have read both our Policy and our Privacy Policy.

General:

Your safe and secure online shopping experience is our top priority. We monitor the Website and related Services for suspicious activity. However, the transmission of data or information over the internet or other forms of networks may not be secure, and is subject to possible loss, interception, or alteration while in transit. We do not assume any liability for any damage you may experience or costs you may incur as a result of any electronic transmissions over the internet or otherwise on or within the Website, such as transmissions involving the exchange of electronic messages of any kind (including those which may contain your personal information). In no event will the information you provide on or through the Website be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without your consent.

Your use of our Website and it's related Services is at your own risk. To the extent permitted by the applicable law neither Manlee nor any of its respective agents, nor any other party involved in creating, producing, or maintaining, the Website and it's Services are liable for any damages whatsoever arising out of your access to, or use of, the Website, any material from the Website, or any items offered through the Website.

Without limiting the forgoing, the Website and Services, as well as the items offered through them are provided "as is" and "as available" without warranty of any kind, either expressed or implied, including but not limited to the implied warranties of merchantability. All conditions, representations and warranties, whether express, implied, statutory, or otherwise are herby disclaimed to the fullest extent permitted by law.

Manlee makes no representation or warranty that: (i) the Website will be compatible with or function with your computer and software; (ii) the Website will be available or will function without interruption or error; (iii) the use of the Website, including, without limitation, the browsing and downloading of any information, will be free of any malware, viruses, trojan horses, worms or other destructive, intrusive or disruptive components; (iv) the transmission of information to and from the Website will be secure; (v) the use of the Website will not infringe the rights (including, without limitation, intellectual property rights) of any person; or (vi) the use of the Website will not cause any damage to your computer systems, software or electronic files. Manlee will not under any circumstances be liable to you or any other person or entity for any damages whatsoever arising from, connected with, or relating to the Website or related Services. And You expressly acknowledge that Manlee has entered into this agreement with you, available to you, in reliance upon the limitations and exclusions of liability and the disclaimers set forth in these Terms of Use, and that the same form an essential basis of the bargain between you and Manlee. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth in these Terms of Use will survive, and continue to apply in the case of a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy, or termination of this agreement.

Your Obligations:

You represent and warrant that:

You are of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into the Terms of Use and to form a binding agreement, for yourself or on behalf of the person or entity committed by you to the Terms of Use.
You will not distribute, sell, license, or exploit for any commercial purposes, any use of/access to, our Website or it's Services in any country or region, except as expressly permitted and subject to our prior approval in written and verbal agreement. Or otherwise impersonate/falsify/falsely associate yourself as an employee of our Website, store, or brand. And You further agree to indemnify Manlee against any and all losses, including without limitation, monetary penalties and legal fees, that Manlee may suffer should you violate any of the forgoing confirmations.
You undertake and agree to fully comply with all applicable laws and any other contractual terms which govern your use of the Website, it's Services, and any related interaction or transaction, including specific laws applicable to you in any specific geographical location.
Be solely responsible and liable with respect to any of the uses of the Website, and it's related Services which occur under your User Account.
Are able to make full payments on any purchase, fees, or any other charges relating to your use of the Website, User Account(s), and any of our related Services. And understand that failure to do so will be considered as a breach of the Terms of Use.
Allow Manlee to, if determined necessary, make changes, corrections, or otherwise modify details about your User Account(s). Including but not limited to, the removal/deletion of said User Account(s). And you waive any claims against Manlee or anyone on its behalf, relating to any past, present or future impact of such actions.
Not to make/commit any illegal actions or unlawful purpose, brought about by using/through using a User Account(s) or our Website/Services. Or take any action that may result in damaging Manlee, other Users, or any other person's reputation and goodwill, or which bring Manlee, other User, or any other person into disrepute or harm. You agree you will not use the Website to cause nuisance, annoyance, or inconvenience. And agree to report any errors, bugs, unauthorized access or any breaches of our Website that you uncover in your use of the Website or User Account to use via our contact form.
Consent to receive from time to time promotional messages from us by e-mail. If you wish not to receive such promotional materials or notices – please notify us through our contact form here.
Violate, attempt to violate, or otherwise fail to comply with any of the Terms of Use, Policy, Privacy Policy, or any laws or requirements applicable to your use of our Website/Services.

You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your User Account and/or any Services provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such Services.

Feedback and Suggestions:

If you provide us with any suggestions, comments or other feedback relating to the Website or it's Services through our contact form, you acknowledge and agree that (i) you represent and warrant that such Feedback is accurate, complete, and is not any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters”, “pyramid schemes” or similar conduct otherwise. (ii) explicitly and irrevocably waive any and all claims relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide in or to such Feedback, and such Feedback shall be exclusively owned by Manlee. (iii) such Feedback does not infringe on any third party rights. (iv) You agree that your feedback shall not impose any responsibility or liability upon Manlee, and that Manlee may consider such report and act upon it, refrain from taking any such action or require additional information or documents before doing so, at its sole discretion.

In addition, Manlee may contact you by phone or e-mail and ask for you to provide assistance, opinions, or additional details for the improvement of the Website and it's Services, or to assist with resolving a related technical issue.

Intellectual Property:

All rights, title and interest in and to the Manlee Website/Services, and brand, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images) and any derivations thereof, are owned by and/or licensed to Manlee.

Subject to your full compliance with the Terms of Use, Policy, and Privacy Policy, Manlee hereby grants you, upon creating your User Account and for as long as Manlee wishes to provide you with a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use and access the use of our Website and related Services for the purpose and solely as expressly permitted under the Terms of Use and solely in/within the scope of our Website and Services.

The Terms of Use do not convey any right or interest in or to Manlee’s Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in the Terms for Use constitutes an assignment or waiver of Manlee’s Intellectual Property rights under any law.

Privacy:

We care about your privacy, and you should too. Please read our Privacy Policy to learn more about our practices concerning personal information. We encourage you to read both our policy, as well as the policies of any "Third Party" relevant policies on a regular basis, for a description of such data collection and use practices.

User Accounts

User Account:

Creation of a User Account or purchase of item(s) from the Website, or receiving any related Services, assistance, or e-mail/phone response from us in relation to a User Account, is a right given to you for personal and non-commercial use offered by us through our Website. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or modify or cancel orders, and in some cases fully delete or remove a User Account(s), and/or ban a User from the use/further use of, any and all of the Services on the Website, or accessing the Website in any way, if any information given by a User to us is deemed to be false, inaccurate, or fraudulent and/or impersonating any other individual other than the User themselves. Or if a User has been discovered to repeatedly fail to produce payment for a purchase(s), or has repeatedly canceled or otherwise been found to have abused their right to use/use of a User Account(s).

By creating a User Account(s), you signify and affirm that any information you provide to us, is to the best of your knowledge, accurate and not given in malicious intent or for any misuse, abusive, or ill/distasteful purposes. And any use of a User Account(s) is to be for the sole propose(s) of making a purchase(s), receiving Services or assistance on/within our Website, or in relation to the Website or it's Services, outside of the Website and any of it's features/components. And that you agree and are informed, that improper or misuse of a User Account(s), can/may result in the forfeiture/loss, of any/any further, use of/interaction with, our Website, Services, or communication with us. And that any abhorrent or otherwise egregious use of a User Account(s), may be followed by further enforced legal action take by us, or any Third Party (related to us or not) who was/is, negatively affected by the actions of You or any other persons, who access/have access to/had accessed, a User Account(s) that is/was associated with such actions.

If anyone other than yourself accesses your User Account(s) and/or uses or edits your User Account settings, makes a purchase(s) or contacts our staff with your User Account, or accept any legal terms available therein, all such activities will be deemed to have occurred on your behalf and in your name as the owner of the User Account, whether or not specifically authorized by you. Therefore, we strongly encourage you to (i) keep the log-in credentials of your User Account(s) confidential, and (ii) allow access to your User Account(s), only to people you trust - as you will be solely and fully responsible for all activities that occur under your User Account and/or made with/by your User Account(s), and for any damages, expenses or losses that may result from such activities.

If you believe or are/were affected by a User Account(s) that has/had been compromised, is impersonating/fraudulent, or being misused/abused. Contact us through our contact form here.

Account Ownership:

For each User Account, we will consider the owner of such User Account to be the person whose email address is used in the creation of or listed in the details, of the User Account as the owner of the User Account. In case of a dispute on User Account ownership, we reserve the right to determine ownership to a User Account based on our reasonable judgment, whether or not an independent investigation has been conducted by us. However, if we cannot make such a determination (as we may deem in our sole discretion), we reserve the right to avoid doing so and/or suspend a User Account until the parties disputing such ownership, reach a resolution, without Manlee having any liability to you or to any other party. In some cases, we may request documentation (e.g., government-issued ID, a business license) that may assist us in determining ownership/proving the identity of an owner.

Notwithstanding the foregoing, Manlee shall have the right to determine the ownership of a User Account(s), or assign actions made by an account to any individual, as we choose, including by ignoring the indications set forth above, in the event we deem, at our sole discretion, that the situation justifies such determination, all based upon the factual situation as determined by the sole discretion of Manlee.

Cancellation/Deletion:

You may discontinue to use and request to, delete your User Account and any of the data/information related to it at any time, by sending us a request through our contact form here. The effective date and time for such deletion shall be the date and time on which you have received a response back from us (excluding confirmation) for the deletion process of the User Account. Please note that the deletion process may take a few days, as after we delete the User Account and it's related data/information from internally on our side, we must then inform the necessary "Third Parties" to also proceed with the deletion of the data/information relating to the User Account.

Loss of Data/Content:

If your User Account or any data or information related to your User Account is lost, stolen, or used without your consent in any way. Manlee shall not be liable in any way for such loss, or for saving a backup of your User Account or data/information relating to your User Account. And you waive the right to pursue Manlee, and any of it's related associates or parties, for any further legal action in any event of such actions happening and causing damages hereto.

Orders

Placing an Order and Changes to Your Order:

By submitting Your order, You agree to pick up/receive your order from your selected pickup location as set out on the Website, in your User Account, and as written on the order invoice ("Invoice") (Currently at this time, only our physical location is a valid location for pickup). And agree to pay in full for the final selection of items included in your order and all applicable taxes, subject to any cancellation of your order.

To complete an order, you may be required to provide certain additional information that is required to process your order. If you do not complete, or if you improperly complete, your order, it may not be accepted or acknowledged, and may be otherwise canceled. We reserve the right to change the permitted methods of payment, including without limitation, the accepted credit cards, at any time.

During the payment authorization process when you submit your order, your card is validated and must have enough available funds for the transaction to be approved. Upon approval, the order will be received by us and we will prepare the order for pickup. Unless otherwise indicated, all dollar amounts stated are in Canadian Dollars.

Manlee reserves the right to charge pickup, delivery, and/or service fees at its discretion. Fees may vary by location, date and time. All fees will be disclosed when you have selected the items you wish to purchase and are checking out on the Website. Manlee reserves the right to require a minimum order value before an order may be submitted. Manlee may at any time, in its sole and unfettered discretion, waive any minimum order requirements.

You may cancel your order or modify the order (including adding or removing products or changing quantities) by contacting us through our contact form, prior to your order being completed and ready for pickup/delivery here. We cannot guarantee any modification(s) you wish to make to an order can be fulfilled, and an order confirmation does not constitute an acceptance of an order. The transaction is considered complete at the time the order has been assembled and you have successfully completed payment for your order.

Picking up Your Order:

You must pick up your order at the location you selected at the time of placing the order (Currently at this time, only our physical location is a valid location for pickup). You may be required to present an order confirmation number or a copy of the order invoice along with valid government-issued identification to prove your identity. We reserve the right to verify to our satisfaction the identity of any person seeking to pick up an order whether for themselves, or purportedly for another.

Although we will make every effort to have your order ready for you to pick up, please note that we will not be liable if we fail to do so.

Verification:

All orders are subject to verification at any time and for any reason.  We reserve the right, in our sole discretion, to require proof of identity: (i) for the purposes of verifying the legitimacy of any order or other information; (ii) for compliance with all applicable laws; or (iii) for any other reason we deem necessary, in our sole discretion, for the purposes of facilitating or fulfilling an order in accordance with these Terms of Use.

Our Rights Regarding Orders:

Without limiting the generality of these Terms of Use, we reserve the right to limit or refuse any order you place with us through the Website. . Further, we reserve the right to verify the validity of all orders and cancel any order if we find evidence of fraud, tampering and/or any other violation of these Terms of Use. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same Account, the same credit card, and/or orders that use the same billing address.

You acknowledge and agree that we reserve the right at any time to modify or discontinue the whole, or any part of: (i) the Website, including any products offered thereon; and (ii) the Services, without notice, and that we will not be responsible or liable, directly or indirectly, to you or any other person or entity for any loss or damage of any kind incurred as a result of any such modification(s) or discontinuance.

Communications to Customers regarding Order Status:

We reserve the right to contact you via phone or e-mail for matters related to your order such as substitutions, availability of products, confirmation of payment, or to let you know the order is available for pick up.

If you'd like an SMS confirmation, you can request so in the details/notes section of your order. When contacting you by SMS messaging, standard text messaging charges may apply, and we will not be responsible for any such charges.

We are not responsible for inaccuracies or message delivery failures due to unforeseen circumstances or events that are beyond our control.

Payment

Failure to pay/Payment Chargeback:

If you fail to pay any fees or charges when due, we reserve the right to charge such amount directly to the credit card provided by you at the time you submitted your order. You are responsible and liable for any fees, including legal costs and collection costs, that we may incur in our efforts to collect any unpaid balances from you. If at any time, we record a decline, chargeback or other rejection of a charge of any payable Fees due directly to Manlee, this will be considered as a breach of your payment obligations hereunder, and your User Account/use of the User Account, the Website and Services may be terminated. In the event a chargeback is performed, your User Account(s) may be locked without the option to re-enter or re-use it, and any data contained in such User Account may be subject to deletion.

Failure to comply with any of the our Terms of Use and/or to pay any due Fee shall entitle Manlee, among other things, to suspend (until full payment is made) or delete your User Account, as well as the provision of any related Services.

If you have any questions or concerns regarding a payment made by you to us, we encourage you to first contact us through our contact form before filing a chargeback or reversal of payment to avoid the filing of an unwarranted or erroneous chargeback, which may result in your being liable for its applicable Fees, in addition to re-payment of all the Fees applicable to item(s) purchased from us through our Website (and charged-back) by you.

We reserve our right to dispute any chargeback received, including by providing the relevant credit card company or financial institution with any information and documentation proving that the User responsible for such chargeback did in fact authorize the transaction and received or made use of the services rendered thereafter.

Payment Providers:

The processing of payments by other Payment Providers shall be governed by such Payment Provider’s terms of service. We are not a party to your relationship with the Payment Provider and you are responsible for all interactions with any such Payment Providers, or for the actions of any of these Payment Providers.

Amendments

Amendment/Correction of Errors:

Every effort has been made to help ensure that the information contained on and within the Website is correct. However, there may sometimes be information that contains typographical errors, inaccuracies, or omissions – including those that may relate to product descriptions, pricing, promotions, offers, and/or availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or modify or cancel orders if any information on the Website is inaccurate at any time without prior notice to You (including after you have submitted an order).

You agree that Manlee will not be liable to you or to any third party for any modification, suspension or discontinuance of those Terms of Use (or materials, content or services in connection with the Terms of Use)

If any such changes involve the payment of additional or higher Fees, we will provide you with a notice regarding such additional or higher Fees prior to enabling such specific changes. If you fail or refuse to pay such additional or higher Fees, we may (at our sole discretion) cancel your order, or prevent your use of/fully delete/remove/disable your User Account(s).

Liability & Indemnity

Relationship:

Accepting these terms and services does not form a partnership or any special relationship between us. The Terms of Use, and your use of the Website or Services do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between Manlee and You.

Entire Agreement:

These terms Terms of Use, together with the Policy and Privacy Policy, shall constitute the sole and entire agreement between you and Manlee. concerning the subject matter hereof or thereof, and supersede any and all prior or contemporaneous agreements, understandings, promises, conditions, negotiations, covenants or representations, whether written or oral, between Manlee and you, including those made by or between any of our respective representatives, with respect to any of the Services. You further agree that you are not relying upon any promise, inducement, representation, statement, disclosure or duty of disclosure of Manlee in entering into any of the Terms of Use.

Assignment:

Manlee may assign its rights and/or obligations hereunder and/or transfer ownership rights and title in the Terms of Use, Policy, or Privacy Policy to a third party without your consent or prior notice to you. You may not assign or transfer any of your rights and obligations hereunder without the prior written consent of Manlee. Any attempted or actual assignment thereof without Manlee's prior explicit and written consent will be null and void. In any event, an assignment or transfer pursuant to this Section shall not in itself grant either You or us the right to cancel any Service or "Third Party" Services in effect.

Severability & Waivers:

If any provision of the Terms of Use, Policy, or Privacy Policy is deemed by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions. No Waiver of any breach or default of any of the Terms of Use, Policy, or Privacy Policy shall be deemed to be a waiver of any preceding or subsequent breach or default.

Interpretation:

The Terms of Use, Policy, and Privacy Policy were written in English, If a translated (non-English) version of these Terms of Use, Policy, or Privacy Policy conflicts in any way with their English version, the provisions of the English version shall prevail.

Limitation of Liability:

To the fullest extent permitted by law in each applicable jurisdiction, Manlee and any of it's associated employees, staff, crews, and other affiliates and/or parties shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from (1) errors, mistakes, or inaccuracies of or in any content; (2) any personal injury or property damage related to your use of the Website or it's Services; (3) any unauthorized access to or use of our Website or Services and/or any personal information and/or other information stored therein; (4) any interruption or cessation of transmission to or from the Website or Services; (5) the use or display of any content, email, or other media or content made available via the Website, Services, or it's associated business email; (6) events beyond the reasonable control of Manlee, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties; and/or (7) loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of our Website and all related Services.

You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for Manlee's Website and Services to you, and such limitations will apply even if Manlee has been advised of the possibility of such liabilities.

Indemnity:

You agree to defend, indemnify and hold harmless Manlee and it's associated employees, staff, crews, and other affiliates and/or parties from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including attorneys’ fees) arising from: (1) your violation of any term of these Terms of Use or any other Terms of Service or laws; (2) your violation of any third party right, including any copyright, access rights, property, or privacy right, resulting from your use of our Website or Service ; and/or (3) any other type of claim that caused damage to a third party.

Governing Law & Jurisdiction; Class Action Waiver:

You expressly acknowledge and agree that Manlee shall have the right to enforce these Terms of Use against you. The Terms of Use, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the Website and Service, their interpretation, or the breach, termination or validity thereof, the relationships which result from or pursuant to the Terms of Use or any related transaction or purchase, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the country of Canada without respect to its conflict of laws principles.

Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively either by, a court of competent jurisdiction located in Nanaimo, Canada, or the higher jurisdiction of the province of British Columbia. The application of the United Nations Convention of Contracts for the International Sale of Goods (CISG) is hereby expressly excluded.

Subject to any applicable law, all disputes between you and Manlee shall only be resolved on an individual basis and you shall not have the right to bring any claim against Manlee as a plaintiff or a member of a class, consolidated or representative actions (or any other legal proceedings conducted by a group or by representatives on behalf of others).