PLEASE READ CAREFULLY THESE TERMS AND CONDITIONS AND THE PRIVACY POLICY OF MOLO DESIGN, LTD. (“MOLO”).

By using our sites, including www.molodesign.com, or purchasing products from us, you agree to these terms and conditions and consent to the collection, use and disclosure of your personal information in accordance with our privacy policy. You should review these terms and conditions regularly as molo may revise them at any time by posting or otherwise giving you notice of amended terms and conditions. By using our sites after the posting or other notice of amended terms and conditions, you agree to these terms and conditions as amended. If you do not accept these terms and conditions or consent to the collection, use and disclosure of your personal information in accordance with our privacy policy, you are not permitted to use our sites and should leave immediately.

 

terms of sale

All sale of products by molo are governed by the additional terms and conditions of sale that are posted on our sites and those additional terms and conditions of sale are incorporated into these terms and conditions. You should review our payment, returns and shipping terms when purchasing our products. By ordering or accepting delivery of the products, you agree to the additional terms and conditions of sale as may be amended from time to time in accordance with these terms and conditions. No additional or different terms or conditions proposed by you in any offer, acceptance, confirmation, or acknowledgment or otherwise will apply. If you refuse to accept the additional terms and conditions of sale, you are not permitted to order any products from molo.

 

intellectual property rights

The contents of our sites, including names, words, titles, phrases, logos, icons, graphics, products, designs, media, files, arrangements, information and other materials on or available through our sites, are the intellectual property of molo or its licensors and are protected by intellectual property laws. You should review our patents + intellectual property for additional information. You should also review our other intellectual property for additional information on molo’s intellectual property rights, including our trademarks and copyright. You are not granted any ownership, licence or other right to any intellectual property of molo or its licensors or to our sites except the limited and revocable right to visit our sites in accordance with these terms and conditions for your personal use. The contents on or available through our sites may not be copied, modified, framed, mirrored, scraped, distributed, commercialized or otherwise exploited in any way without molo’s express prior written consent.

 

prohibited use

You will not compromise the integrity or performance of our sites; access our sites for competitive purposes; or use our sites or their contents in violation of applicable laws. molo may terminate your use of our sites if you use our sites or their contents in any way that violates these terms and conditions or that in any way disrupts our sites or molo’s business. molo reserves the right to modify, suspend or terminate the operation of or access to all or a portion of our sites or their content at any time for any reason.

 

third party interactions

Our sites may have links to other sites or services not provided by us, including social media sites that molo may use along with you. These links take you off our sites and are beyond molo’s control. Those sites or services have their own separate terms and conditions. You should review their terms and conditions to determine if they are acceptable to you. molo is not responsible for the availability, content, accuracy or activities of other sites or services or their contents. You therefore access them entirely at your own risk.

 

disclaimer of warranties

Our sites and their contents are provided on an “as is” and “as available” basis. To the extent permitted by applicable laws, molo makes no representations, warranties, guarantees or conditions of any kind, whether express, legal or implied, arising from statute, course of dealing, usage of trade or otherwise, with respect to our sites or their contents or our products, and disclaims all such representations, warranties, guarantees and conditions, including without limitation, representations, warranties, guarantees and conditions of merchantable quality, quality or fitness for a particular purpose, non-infringement, error-free or uninterrupted service, accuracy, availability, reliability, security, currency and completeness arising from or relating to our sites or their contents and our products. All representations, warranties, guarantees and conditions are hereby disclaimed to the extent permitted by applicable laws.

 

limitation of liability

To the extent permitted by applicable laws, molo, its affiliates, licensors or any of their respective directors, officers, employees, agents or other representatives will not be liable for any damages of any kind (whether direct, indirect, special, incidental, consequential, punitive, aggravated or otherwise), arising out of or in connection with our sites, their contents, or products available through our sites or purchased by you, whether or not arising from breach of contract, tort, negligence, civil liability or otherwise and even if they have been advised of the possibility of such damages, and in no event with the total liability of molo to you for any claims arising under these terms and conditions exceed the amount you paid to molo.

 

general

No failure by molo to exercise any rights, powers or remedies under these terms and conditions or its delay to do so will constitute a waiver of these rights, powers or remedies, and all waivers will be in writing. If any provision of these terms and conditions is held void, invalid, illegal or unenforceable by a court of competent jurisdiction, such invalidity, illegality or unenforceability will not affect the validity, legality or enforceability of any other provisions contained in these terms and conditions or the validity, legality or enforceability of that provision or part thereof in any other jurisdiction, and the remaining portions of these terms and conditions will continue in full force and effect.

 

applicable law

These terms and conditions are governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without giving effect to principles of conflict of laws of any jurisdiction and notwithstanding your domicile, residency or physical location. The International Sale of Goods Act of British Columbia and the United Nations Convention on Contracts for the International Sale of Goods will not apply in any way to these terms and conditions or to the transactions contemplated by these terms and conditions. You irrevocably attorn to the non-exclusive jurisdiction of the courts of British Columbia.