Term of Service
This website is run and operated by The Cherry Tree Cafe. We offer this website, including all information and services, available to you, our user, conditioned upon your acceptance of all terms, conditions, policies and notices mentioned here.
This Terms of Service document was last updated on 3rd of January 2022.
By visiting our website, you engage in our services and therefore agree to be bound by the following terms and conditions. This includes any additional policies, terms and conditions referenced herein. These Terms of Service apply to all users of our website.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.
Any new features or tools which are added to the current store shall 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 part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
You may not use our products for any illegal or unauthorized purpose nor may you, under these Terms of Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of these Terms will result in an immediate termination of your access or services on our website and our store.
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 the 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 or exploit any portion of our services, use of the services, or access to our services, or any contact on the website through which the service is provided, without express written permission from us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
We are not responsible if information made available on this website is not accurate, complete or current. The material on this 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 or more timely sources of information. Any reliance on the material on this website is at your own risk.
This website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this website at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor any changes to our website.
The prices for our products are subject to change without prior notice.
We reserve the right at any time to modify or discontinue our services (or any part or content thereof) without notice, any time.
We shall not be held liable to you or to any third party for any price changes, modifications, or suspension/discontinuance of our services.
We may, at times, have certain products or services that may be available exclusively online through our website. These products or services may have limited quantities and are subject to return or exchange only according to our return policy.
We have also taken every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
We reserve the right but are not obligated, to limit the sales of our products or services to any person, jurisdiction, or geographic region. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All the descriptions of our products and their pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time.
We also do not warrant that the quality of any of our products and services purchased by you will meet your expectations, or that any errors in our service will be corrected.
We reserve the right to refuse any order you place with us. It is in our sole discretion to limit or cancel quantities that are purchased per order, per person, or per household. These restrictions may also include orders placed by or are under the same customer account, using the same credit card, and/or orders that have the same billing and/or shipping address. Should we make changes to or cancel an order, we may attempt to notify you by contacting the e-mail address and/or billing address/phone number you provided at the time the order was made. We shall also reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide us with your accurate, complete, and current purchase and account information for any and all purchases you make at our store. You agree to keep your account updated, along with any other information. This includes your email address and credit card numbers (with their respective expiration dates), so that we can complete and finalize your transactions and also contact you as needed.
We may provide you with access to third-party tools over which we will neither monitor nor have any control nor input whatsoever.
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 shall 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 our website is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which these tools are provided by the relevant third-party provider(s).
In the future, we may also offer new services and/or features through the website. This may include the release of new tools and resources. These new features and/or services shall also be subject to these Terms of Service.
We are also not liable for any harm or damages caused by the purchase or use of goods, services, resources, content, or any other transactions related to any third-party websites. Do carefully review the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Any concerns, claims, complaints, or questions regarding third-party products should be directed to the third party.
If you send us any specific submissions with or without our initiative, then you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you send us.
These submissions may be in the form of the following: suggestions, any creative ideas, proposals, plans, or other materials, whether online, through email, or postal mail.
We are and shall 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 also, without obligation, monitor, edit or remove content that we determine, within our sole discretion, are offensive, threatening, libellous, defamatory, unlawful, obscene, pornographic, or otherwise objectionable or which violates any party’s intellectual property or these Terms of Service.
You will also agree that your comments should not violate any right of any third party, including the privacy, copyright, trademark, personality or other personal or proprietary rights. You likewise agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect our operations, as well as that of any other website.
You also may not use false e-mail addresses, nor pretend to be someone else other than yourself, or otherwise mislead us or any third-parties as to the origin of any of your comments. You are solely responsible for any comments you make, as well as their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
There may occasionally be information found on our website that may contain errors, inaccuracies, typographical errors, or omissions that may be related to product descriptions, promotions, offers, pricing, availability, product shipping charges, and transit times.
We reserve the right to correct any of these errors, inaccuracies, or omissions, and to change or update information or even cancel orders if any information is inaccurate at any time, without prior notice This will also include the time after you have submitted your order.
We will be under no obligation to amend, update, or to clarify the information, including without limitation, pricing information, except as required by law.
You are prohibited from using our website or its content for the following:
- for any unlawful purpose
- to submit false or misleading information
- solicitation from others to perform or participate in any unlawful acts
- to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances
- to insult, abuse, harass, harm, defame, slander, disparage, intimidate, or discriminate based on ethnicity, race, sexual orientation, gender, religion, age, national origin, or disability
- to violate or infringe upon our intellectual property rights or the intellectual property rights of others
- to transfer, upload, or transmit any viruses or malicious code that will or may be used in any way that will affect our operations and services.
- to monitor, or collect the personal information of others
- to phish, spam, pharm, pretext, crawl, spider, or scrape
- for any obscene or immoral purposes
- to circumvent or interfere with the security features of our website, as well as any related website.
We reserve the right to terminate your use and access of our website and services for violating any of these prohibited uses.
We do not guarantee, nor warrant that your use of our website and services will be totally secure, error-free, timely, nor uninterrupted. Likewise, we also do not warrant that our services will be reliable and accurate.
You agree that from time to time we may remove our services for indefinite periods of time or even cancel the service at any time, without prior notice.
You also agree that your use, or inability to use, the website and its services, is at your sole risk. All the products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, durability, and non-infringement.
In no case shall The Cherry Tree Cafe, including all personnel directly related to it, be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
There will be some states or jurisdictions which do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless The Cherry Tree Café, including our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Any obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either us or you. You may terminate these Terms of Service at any time when you cease using our website.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Should we fail to exercise or enforce any right or provision of these Terms of Service, it shall not constitute a waiver of such right or provision.
These Terms of Service and any policies that we post on this website constitutes the entire agreement and understanding between us and yourself. This also includes your use of the website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between us and yourself.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
We reserve the right, at our full discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website following the posting of any changes to these Terms of Service constitutes your acceptance of those changes.
If you have any questions about the Terms of Service, please do contact us through email.