Last updated: March 01, 2022
Welcome to the marketplace operated by and hosted on behalf of 9626751 Canada Inc. o/a Shop Bonsai (“Marketplace”). Bonsai contracts with Publishers (defined below) allowing you to purchase and receive certain merchandise discovered on a Publisher’s website.
Bonsai will make available various payment gateways or processors from time to time, and may sub-contract the ordering, delivering and customer support of merchandise purchase functions to third-party merchants (“Merchants”) and sub-contractors.
Please review the following terms and conditions (“Terms of Service”, “Terms”) that govern your use of the Marketplace carefully before accessing or using our Marketplace. The terms “we”, “us” and “our” refer to Bonsai. “Publisher” refers to the entity platform or website on which you discovered merchandise to browse or purchase.
By visiting our Marketplace and/or purchasing merchandise using the Marketplace, you agree to be bound by the following Terms including those additional terms and conditions, notices, conditions, and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Marketplace, including without limitation users who are browsers, vendors, customers, Merchants, Publishers, and/or contributors of content. If you do not agree to all the Terms of Service, then you may not access the Marketplace. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the Marketplace periodically will also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any feature or tool, and/or any part of these Terms of Service by posting updates and/or changes to our Marketplace. It is your responsibility to check this page periodically for changes. Your continued use of, or access to, the Marketplace following the posting of any changes constitutes acceptance of those changes.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, scrape, data mine, or exploit any portion of the Marketplace, without express written permission by us.
The headings used in these Terms of Service are included for convenience only and will not limit or otherwise affect these Terms.
By using the Marketplace, you represent and warrant that (a) all information you submit is truthful and accurate; and (b) you are 13 years of age or older. Your use of the Marketplace will be disallowed without warning if we believe that you are under the age of 13 or if you breach or violate any of the Terms of Service.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Marketplace or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will, may or could be used in any way that will affect the functionality or operation of the Marketplace, other e-commerce, payment or third party platforms, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Marketplace, other marketplaces, or the Internet. We reserve the right to terminate your use of the Marketplace for violating any of the prohibited uses.
We are not responsible if information made available to you by way of the Publisher’s content is not accurate, complete, or current. The information on the Publisher’s website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, and more timely sources of information. Any reliance on the material made available in the Publisher’s content is at your own risk.
Bonsai and Merchants reserve the right to determine and change the assortment of merchandise available on the Marketplace.
Certain merchandise may be available exclusively online through the Marketplace. Certain merchandise may have limited quantities and are subject to return or exchange only according to our Return Policy. Merchandise availability is not guaranteed, and if merchandise is not available by the time your order processes, we will notify you of this via e-mail. You will receive a shipping confirmation e-mail once your items have shipped.
The prices displayed on the Marketplace are quoted in United States dollars, unless otherwise indicated. Prices displayed in currencies other than United States dollars will be converted to United States dollars at time of check-out. Prices for merchandise are subject to change without notice. We reserve the right at any time to modify the assortment of, or discontinue, merchandise (or any part or content thereof) without notice at any time.
Occasionally there may be information on our Marketplace that contains typographical errors, inaccuracies or omissions that may relate to merchandise descriptions, pricing, promotions, offers, merchandise shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Marketplace is inaccurate at any time without prior notice (including after you have submitted your order).
Please note that while we and the Merchants have tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.
We reserve the right, but are not obligated, to limit the sales of merchandise to any person, household, shipping address, billing address, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. Any offer for any merchandise made on this Marketplace is void where prohibited. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
We undertake no obligation to update, amend or clarify information in the Marketplace including without limitation, pricing information, except as required by law. No specified update or refresh date should be taken to indicate that all information in the Marketplace has been modified or updated. We will not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of merchandise. We do not warrant that the quality of any merchandise, Marketplace, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the merchandise or delivery will be corrected.
You agree to provide current, complete and accurate purchase, and delivery information for all purchases made by way of our Marketplace.
For more detail, please review our Returns Policy
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We will have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Marketplace is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Marketplace and/or features through the Marketplace (including, the release of new tools and resources). Such new features and/or Marketplace will also be subject to these Terms of Service.
The Marketplace may include links to other Internet sites, content, videos (embedded or direct links), applications or social media platforms maintained by third parties (“Linked Sites”). Bonsai provides Linked Sites to you solely as a convenience, and the inclusion of a third-party link does not imply endorsement by Bonsai or any of its affiliates. Your access to any Linked Site is at your own risk and by accessing them you leave the Marketplace. Linked Sites are not under the control of Bonsai or any of its affiliates and we are not responsible for the contents, operation or legality of any Linked Site, including the privacy policies or tracking technologies they may use. We encourage you to check the applicable terms of use and privacy policy of any Linked Site, including to determine how they will handle any personally identifying information they collect from you.
We do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, merchandise, or Marketplace of third-parties. Complaints, claims, concerns, or questions regarding third-party merchandise should be directed to the third-party.
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by e-mail, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction as to time or otherwise, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and will be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We will remain lawfully possessed as the sole owner of all comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the service or any related Marketplace. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
You agree that Bonsai and its third-party service providers are not responsible, and will have no liability to you, with respect to any information, communication or materials posted by others, including defamatory, offensive or illicit material, including material that violates these terms of Use.
Your personal information will be collected, used and disclosed in accordance with our Privacy Policy.
except as otherwise expressly provided, this marketplace, all contents and all marketplace are provided on an “as is” and “as available” basis. bonsai disclaims all warranties of any kind, either express or implied, including without limitation implied warranties of merchantability or fitness for a particular purpose, durability, title or non-infringement. bonsai does not warrant that your use of this marketplace will be uninterrupted or error free, or that this marketplace or its server are free of viruses or other harmful elements. although bonsai endeavors to provide accurate information, it does not warrant or make any representations regarding the accuracy or reliability of information on this marketplace. your use of the marketplace is at your own risk. neither bonsai, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, nor its vendors, the publishers or the merchants will be liable to any person or entity for any direct or indirect loss, damage (whether actual, direct, indirect, consequential, punitive, special or otherwise), injury, claim, or liability of any kind or character whatsoever based upon or resulting from your use or inability to use this marketplace, any marketplace, or any information or materials provided on the marketplace. bonsai is not liable for any defamatory, offensive or illegal conduct of any user. applicable law may not allow the limitation or exclusion of liability for certain damages, so the above limitations may not apply to you. if you are dissatisfied with the marketplace or any materials on the marketplace, or with any of bonsai’s terms of use, your sole and exclusive remedy is to discontinue using the marketplace. you agree to indemnify, defend and hold harmless bonsai, its shareholders, officers, partners, directors, licensors, service providers, subcontractors, employees, interns, agents, distributors, merchants, vendors and affiliates from and against any and all losses, expenses, claims, demands, damages and costs, including reasonable attorney’s fees, resulting or arising out of your breach of any of these terms of use or your violation of any law or the rights of a third-party.
Because some states, provinces or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states, provinces or jurisdictions, our liability will be limited to the maximum extent permitted by law.
Your personal information will be collected, used and disclosed in accordance with our * In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision will nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed to be severed from these Terms of Service, such determination will not affect the validity and enforceability of any other remaining provisions. Policy.
The Terms of Use will remain in full force and effect while you use the Marketplace. If in Bonsai’s sole discretion you fail, or Bonsai suspects that you fail, to comply with any term or provision of this agreement, Bonsai may deny you access to the Marketplace. In the event of denial of access to the Marketplace, you are no longer authorized to access the Marketplace, and the restrictions imposed upon you with respect to content copied or downloaded, and the disclaimers and limitations of liabilities set forth in these Terms of Use, will continue in force. You will remain liable for all amounts due up to and including the date of termination of this agreement.
The failure of us to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this Marketplace or in respect to Marketplace constitutes the entire agreement and understanding between you and us and govern your use of the Marketplace, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service) regarding the subject matter addressed herein.
Any ambiguities in the interpretation of these Terms of Service will not be construed against the drafting party.
Unless the laws of your jurisdiction require that the laws of that jurisdiction apply, the law applicable to the interpretation and construction of these Terms of Use or related Marketplace will be the laws of the Province of Ontario and the federal laws of Canada applicable therein without regard to principles of conflict of laws and you agree that all matters relating to your access to or use of the Marketplace, including all disputes, will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. To the extent permitted by applicable laws, all proceedings relating to the Marketplace, these Terms of Use, or any transaction using this Marketplace will be brought only in the courts of the Province of Ontario, and you and Bonsai do hereby consent to the jurisdiction and venue of such courts.
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Marketplace. It is your responsibility to check our Marketplace periodically for changes. Your continued use of or access to our Marketplace following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Questions about the Terms of Service should be sent to us at info@shopbonsai.ca.
Effective as of: May 15, 2021