Terms & Conditions

Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE.

Your use of kitchentherapy.ca is expressly conditioned on your acceptance without modification of the following terms and conditions (the "Terms and Conditions"). By using kitchentherapy.ca, you signify your acceptance of these Terms and Conditions.

Kitchen Therapy, Inc. ("Kitchen Therapy") may, in its sole discretion and for any reason, modify, supplement or amend these Terms and Conditions without any notice or liability to you or any other person, by posting revised Terms and Conditions on the kitchentherapy.ca web site. Your continued use of the kitchentherapy.ca web site signifies your acceptance of such revised Terms and Conditions, so check back frequently to read the most recent version.

Ownership

The kitchentherapy.ca web site, its design, all text, graphics, content, video, audio and the selection and arrangement thereof are the property of Kitchen Therapy, and/or its various subsidiaries, affiliates, Kitchen Therapy Associate Dealers, third party providers and distributors ("Third Parties"), and are protected under the copyright laws of Canada and other countries. None of the content found on kitchentherapy.ca may be reproduced, republished, distributed, displayed, sold, transferred, or modified without the express written permission of Kitchen Therapy and/or the applicable Third Parties.

Kitchen Therapy, kitchentherapy.ca, and all other Kitchen Therapy related trademarks and design marks displayed on kitchentherapy.ca (collectively, the "Trademarks") are registered and common law trademarks of Kitchen Therapy. Other trademarks and design marks appearing on this web site are trademarks of their respective owners. The trademarks of MasterCard International Incorporated are used under license. Nothing contained on kitchentherapy.ca should be construed as granting, by implication or otherwise, any license or right to use any trademarks, including the Trademarks, except with the express written permission of Kitchen Therapy or such other party that may own the applicable trademarks.

Use of Site

Neither the kitchentherapy.ca web site nor its content may be, in whole or in part, copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of Kitchen Therapy, except that you may download, display and print the content presented on kitchentherapy.ca for your personal, non-commercial use only. Unauthorized use of kitchentherapy.ca and/or the content contained on kitchentherapy.ca may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained within the content on this web site. The use of such content on any other web site or in any environment of networked computers is prohibited.

You are prohibited from contributing, posting or transmitting to this web site any infringing, unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane content or any content that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law.

The kitchentherapy.ca website is not intended for use by children under the age of 13. Use of the kitchentherapy.ca website is void where prohibited by applicable law.

In its sole discretion, in addition to any other rights or remedies available to Kitchen Therapy and without any liability whatsoever, Kitchen Therapy at any time and without notice may terminate or restrict your access to any component of kitchentherapy.ca.

User Name and Password

Your kitchentherapy.ca website account may be accessed only by use of your login name and password. You are solely responsible and liable for any use and misuse of your login name and password and for all activities that occur under your login name and password. For security reasons, you must keep your login name and password confidential and not disclose them to any person or permit any other person to use them, except an authorized Kitchen Therapy representative. Kitchen Therapy recommends that you choose a password that is unique to you and not easily guessed by others. You should change your password on a regular basis, and you must log out at the end of each session.

All login names and passwords remain the property of Kitchen Therapy, and may be cancelled or suspended at any time by Kitchen Therapy without any notice or liability to you or any other person. Kitchen Therapy is not under any obligation to verify the actual identity or authority of the user of any login name or password.

You must immediately notify Kitchen Therapy of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised.

You have read the Kitchen Therapy Privacy Policy, the terms of which appear on kitchentherapy.ca and are incorporated into these Terms and Conditions, and agree that the terms of such policy are reasonable. You consent to the collection, use and disclosure of your personal information by Kitchen Therapy and/or Third Parties in accordance with the terms of and for the purposes set forth in the Kitchen Therapy Privacy Policy.

Kitchen Therapy enables visitors to kitchentherapy.ca to provide Kitchen Therapy with feedback by email or otherwise ("Customer Content"). If you provide Customer Content you grant Kitchen Therapy a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, delete, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Customer Content throughout the world in any media, now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence and you waive any and all moral rights in the Customer Content. You also grant Kitchen Therapy the right to use the name you submit with the Customer Content, if any, in connection with Kitchen Therapy's rights hereunder.

Your email or any other personal information you provide in connection with your feedback may be used to contact you regarding the information you have provided as well as for administration and/or other purposes as outlined in the Terms and Conditions.

Pricing Policy

Kitchen Therapy has attempted to match online prices to those in store unless otherwise stated; however online prices, product and service selection and availability, and sale effective dates may differ from those in store, and also items may be available online at the sale price before they are available in store. Market conditions and competitive pressures may cause prices and availability to change without further notice. Additionally, although great care is taken in the production of the kitchentherapy.ca web site, typographical, illustrative, or pricing errors may occur. We reserve the right to correct errors at any time.

All prices quoted are payable in Canadian Dollars and, unless otherwise stated, do not include GST, PST, QST or HST.

For Gift Card purchases, prices quoted are payable in Canadian Dollars and, unless otherwise stated, do not include shipping charges. Please see Kitchen Therapy’s Shipping Policy for shipping and handling of Gift Card purchases.

All advertisements on the kitchentherapy.ca website are merely invitations for you to purchase goods or services from a Kitchen Therapy Associate Store, and are not offers to sell by Kitchen Therapy.

Kitchen Therapy reserves the right to limit quantities; reject, correct, cancel or refuse orders, and to terminate accounts, in its discretion, including, without limitation, if Kitchen Therapy believes that customer conduct violates applicable law or is harmful to the interests of Kitchen Therapy or any Third Parties.

All sizes quoted are approximate. Some items shown may require assembly.

Liability Disclaimer

Except as explicitly provided in these Terms and Conditions as amended from time to time, Kitchen Therapy and the Third Parties make no representations or warranties of any kind, express or implied, regarding kitchentherapy.ca and/or any content provided on kitchentherapy.ca, all of which are provided on an "as is" and "as available" basis. Kitchen Therapy and the Third Parties do not warrant the accuracy, completeness, currency, reliability or suitability of the operation of kitchentherapy.ca, or any of the content or data found on kitchentherapy.ca, and expressly disclaim all warranties and conditions in respect of kitchentherapy.ca, its content or data, including implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade.

Kitchen Therapy and the Third Parties are not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications.

Kitchen Therapy and the Third Parties assume no responsibility, and shall not be liable for, any damages to, or any viruses affecting your computer equipment or other property on account of your access to, use of, or browsing on kitchentherapy.ca or your downloading of any materials, data, text, images, video or audio from kitchentherapy.ca.

In no event shall Kitchen Therapy or any of the Third Parties be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, direct, indirect, incidental or consequential damages of any kind (including, but not limited