When registering for an account, you agree to provide accurate and current information about yourself as requested and to promptly update such information as necessary to ensure that it is kept accurate and complete. You agree to be responsible for: (a) the accuracy of all information that you provide to us; (b) maintaining the confidentiality of any passwords or other account identifiers that you choose or that are otherwise assigned to you as a result of any registration or purchase made through the Website; and (c) all activities that occur under such password(s) or account(s).
Further, you agree to notify us of any unauthorized use of your password or account of which you are or become aware of. Seafood Crate shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section, or for any delay in shutting down your account after you have reported a breach of security to us.
Placing an Order:
All dollar amounts on the Website are in Canadian dollars.
By completing the checkout and submitting an order through the Website, you are agreeing to pay, in full, the prices of the items selected and all applicable taxes, either by credit card or other permitted payment method.
In 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 improperly complete your order, it may not be accepted or acknowledged. We reserve the right to change the permitted methods of payment at any time.
During the 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 prepared for delivery. If you fail to pay any fees or charges when due, we reserve the right to charge such amount directly to the credit card as 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 its efforts to collect any unpaid balances from you.
Orders are delivered on Tuesday of each week. You may cancel or modify your order (including adding or removing products, changing quantities, or changing order delivery details) via the Website up until 11:59PM on the Wednesday before your order is delivered (i.e. at least six  days before delivery) (the “Modification Cut-off Time”). Orders cannot be modified after the Modification Cut-off Time.
Orders may be cancelled via the Website after the Modification Cut-off Time but not later than 11:59PM on the Friday before your order is delivered (i.e. at least four  days before delivery) (the “Cancellation Cut-off Time”). Any orders cancelled after the Modification Cut-off Time but before the Cancellation Cut-off Time are subject to a cancellation fee of fifty percent (50%) of the cost of the order (the “Cancellation Fee”), which Cancellation Fee is not a penalty but a preestimate of liquidated damages resulting from the cancelled order, and Seafood Crate reserves the right to charge the Cancellation Fee to you. Orders cannot be cancelled after the Cancellation Cutoff Time. Seafood Crate deals with and delivers fresh products through its services on the Website.
Accordingly, you cannot return any products that you have purchased through the Website, as Seafood Crate is unable to use or resell such products due to health and safety concerns. Any concerns or complaints that you may have with respect to the quality of products delivered to you by Seafood Crate through the Website must be made in writing to Seafood Crate at email@example.com and shall require proof of the time of receipt of the products together with photographic evidence of the condition in which the products were received.
Intended Use and Restrictions:
The material on the Website and associated services is owned or licensed by Seafood Crate and is intended to be viewed by users in Canada only. As the Website is a business and commercial site, access to the Website is not intended for use and may not be legally accessed by persons under the age of sixteen (16) years old.
Seafood Crate makes no claim that the information located on the Website is appropriate for or may be downloaded legally by users from outside of Canada.
Users accessing the Services are advised that it is prohibited to post or transmit on or via the Services any unlawful, threatening, libelous, defamatory, scandalous, inflammatory, obscene, pornographic or profane material or any material that could constitute or encourage conduct that could be considered a criminal offense or violation of any law.
Seafood Crate or the entity from which Seafood Crate licenses copyrighted material is the copyright owner of the Website design, text and graphics, and the selection and arrangement of such elements as part of the Services. Any reproduction, distribution, republication, posting, or transmission of the Services in any form or by any means without the express prior written approval of Seafood Crate and/or the licensee is strictly prohibited.
Seafood Crate grants to you as a user of the Services permission to lawfully access and use the services available on the Website and to download, archive and print in hard copy, portions of the Website for personal use only, provided that you do not modify the materials and that you retain all proprietary notices contained in the materials on such downloaded, archived or printed materials. Users are strictly prohibited from selling any downloaded, archived or printed portions of the Website viewed.
“Seafood Crate”, the Website domain name, the Seafood Crate logo, all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress owned by Seafood Crate. In addition, there are numerous other trademarks, product names, company names, logo service marks, and/or trade dress indicated on the Website that are the property of their respective owners and are displayed by Seafood Crate under license therefrom. You are prohibited from using any trademarked materials without the express prior written permission of Seafood Crate and/or the licensor.
Warranties related to the use of the Website and associated services:
Subject to the Seafood Crate return of goods policy, the information, materials and services contained on the Website, including but not limited to, the graphics, links and other items, are being provided to you on an “as is” and “as available” basis with no warranty. Seafood Crate does not warrant or guarantee the accuracy, adequacy or completeness of this information and materials, and expressly disclaims liability for any errors and/or omissions in this information and materials.
To the maximum extent permitted by law, Seafood Crate disclaims all representations and warranties of any kind, whether expressed, implied or statutory, including, without limitation, the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose.
As well, Seafood Crate does not warrant, guarantee or make any representations whatsoever regarding the security of accounts, or that this site is free from destructive materials including, but not limited to, computer viruses, hackers, or other technical sabotage. Further, Seafood Crate does not warrant, guarantee or make any representations that access to the Website will be fully accessible, current and/or accurate at all times, uninterrupted, or error-free. You acknowledge and accept that your use of the Website is at your sole and entire risk.
Items listed on the Website may not be available or in-stock at all times for purchase on the Website. Seafood Crate reserves the right to correct, at any time, any pricing errors on the Website.
While the Website is updated regularly, prices, selection and availability, including the availability of promotional offers, may vary and are subject to change without notice. Seafood Crate will not be responsible for any loss or damages arising from such updates or changes.
Without limiting the generality of the forgoing, Seafood Crate disclaims any and all warranties and conditions, express or otherwise, for any merchandise displayed on the Website nor shall Seafood Crate be held responsible for the quality of any such merchandise.
Seafood Crate may make various promotional offers from time to time on the Website. Some offers may be informational only. Not all offers and/or promotions available on the Website may be available in all provinces or jurisdictions in which Seafood Crate operates or offers Services. We ask that you review the guidelines associated with each special offer, as they may differ.
If you redeem any coupon, rewards points, gift cards or discount codes, this will be reflected at checkout and is subject to validation and any redemption requirements. Manufacturers’ coupons and warranties, if any, are the responsibility of the individual manufactures. Coupons offered by the manufacturers, if any, may each have relevant information about the duration and limitations of the coupon.
For any of Seafood Crate’s coupons, in the event Seafood Crate has inadvertently made a typographical error on any coupon or special offer, Seafood Crate reserve the right to suspend redemption or terminate altogether the coupon or offer.
Seafood Crate may also offer its customers the opportunity to participate in contests, sweepstakes or other promotions as decided by us. In each case, the promotion may have additional terms and conditions which apply in addition to these terms and conditions. Please review the terms and conditions associated with any particular promotion to determine your eligibility and any participation requirements.
By accessing any of the Services, you agree to defend, indemnify and hold Seafood Crate harmless from and against any and all loss, actions, claims, damages, costs and expenses, including legal fees and disbursements on a full indemnity basis, arising from or related to your use of the Website or any breach of this Agreement. This provision shall survive the termination of this Agreement and remain in full force and effect.
Limitation of Liability:
By accessing any of the Services, you acknowledge, accept and agree that in no event shall Seafood Crate be liable for any damages, including without limitation any and all direct or indirect, special, incidental, compensatory, exemplary or consequential damages, losses or expenses, including without limitation lost or misdirected orders, lost profits, lost registrations, lost goodwill, or lost or stolen programs or other data, howsoever caused and under any theory of liability arising out of or in connection with (1) the use of the Website or the inability to use these sites by any party; (2) any failure or performance, error, omission, interruption, defect, delay in operation or transmission; and/or (3) line or system failure or the introduction of a computer virus, or other technical sabotage, even if Seafood Crate, its employees or representatives thereof, are advised of the possibility or likelihood of such damages, losses or expenses.
Seafood Crate reserves the right to correct any inaccuracies or typographical errors in the information posted on the Website and shall have no liability for such errors. Information may be changed or updated without notice and prices and availability of goods and services are subject to change without notice.
Seafood Crate’s failure to insist upon or enforce strict performance of any term(s) or provision(s) contained herein shall not be construed as a waiver of any term, provision, right or obligation.
Seafood Crate has taken reasonable steps to ensure that the Website is WCAG 2.0 Level A compliant at the present time and shall be WCAG 2.0 Level AA compliant by January 1, 2021.
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