WEBSITE TERMS OF USE
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS DISCLAIMERS, INDEMNITIES AND LIMITATIONS OF LIABILITIES.
This website is owned and operated by Vibe Lounge Ltd. ("Vibe Lounge"). Access and use of this website (“Website”) and its related services (the “Services”) are provided by Vibe Lounge to you on condition that you accept these Terms of Use. By accessing or using this Website or the Services (including the purchase of any products offered on this Website (“Products”) and the booking of any services at our physical location, you agree to these Terms of Use. If you do not agree to accept these Terms of Use, you may not access or use this Website or the Services.
These Terms of Use govern the relationship between you and Vibe Lounge with respect to your use of this Website and its related Services. You agree that the agreement formed by these Terms of Use is like any written agreement signed by you, and you agree to be bound by, and fully comply with, their terms. You represent and warrant that you have all necessary right, power, and authority to enter into these Terms and Conditions and to perform and otherwise discharge all of your obligations hereunder.
You understand that aspects of this Website and the Services may not be available in all jurisdictions and that you are responsible for ensuring that it is lawful for you to use this Website and receive the Services in your jurisdiction.
We reserve the right at any time to change: (i) the terms and conditions of these Terms of Use; (ii) this Website or the Services, including terminating, eliminating, supplementing, modifying, adding, or discontinuing any content or feature or data or service on or available through this Website or the Services or the hours that they are available; (iii) any fees or charges, if any, related to the use of this Website or the Services; and (iv) the equipment, hardware, or software required to use and access this Website or the Services.
Any changes we make to these Terms of Use will be effective immediately upon posting on this Website. Be sure to return to this Website periodically to ensure you are familiar with the most current version of these Terms of Use.
USE OF THIS WEBSITE
This Website is hosted on servers in British Columbia, Canada. Accordingly, your access and use of this Website shall be deemed to be provided in British Columbia and subject to British Columbia law and the laws of Canada applicable therein. If you access this Website from outside of Canada, you do so at your own risk and are responsible for compliance with local, national, or international laws, including, without limitation, securities laws and import and export laws. In particular, you understand that this Website, the Services, or both may not be available in all jurisdictions and that you are responsible for ensuring that it is lawful for you to use this Website and receive the Services in your jurisdiction.
Furthermore, if you are residing in a jurisdiction where it is forbidden by law to participate in the activities offered by this Website or the Services, you may not enter into these Terms of Use or use this Website or the Services. By using this Website, you are explicitly stating that you have verified in your own jurisdiction that your use of this Website and the Services is allowed.
If you are residing in a jurisdiction that restricts the use of internet-based applications according to age or which restricts the ability to enter into agreements such as set out in these Terms of Use based on age, and you are under such age limit, you may not enter into these Terms of Use or use this Website or the Services.
You may only access and use this Website for legitimate purposes and not for any illegal or unauthorized purpose, including, without limitation, in violation of any criminal law, intellectual property law, privacy law, or any other applicable law or regulation. You represent and warrant that you are at least the age of majority in your jurisdiction of residence and are legally capable of entering into a binding contract.
Your Account may be deleted, and these Terms of Use may be suspended or terminated without warning if we believe that you are under age or your use of this Website or the Services is not allowed.
PRIVACY
Vibe Lounge is committed to respecting the privacy of the personal information of the individuals with whom we interact. We have developed a Privacy Policy to describe our privacy policies and practices and how we collect, use, and disclose the personal information of those individuals who visit this Website or use the Services.
You acknowledge and agree that access to and use of this Website and the Services are provided via the internet and that your information, including personal information, may be transferred across national borders and stored or processed in any country in the world.
SERVICES
In order to access and use certain of the Services available on this Website (including the purchase of Products), you may need to sign up for, open, and maintain an account (“Account”) with us. Prior to completing the signup process for your Account, you may be required to confirm your acceptance of all of the terms and conditions of these Terms of Use. If you do not agree to these Terms of Use, you may not sign up for an Account, and you shall not have the right to use such Services.
You agree at all times to: (i) provide accurate, current, and complete information about yourself as prompted by our registration form or otherwise, and (ii) maintain and update your information (including your e-mail address) to keep it accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we shall have the right to suspend or terminate your Account and any or all privileges on this Website and to refuse any and all current or future use of this Website.
You must not choose a username that infringes the rights of any third party or which is offensive, racist, obscene, hurtful, unlawful, or otherwise inappropriate. You agree not to transfer your right to use or access this Website or the Services via your username or password to any third person.
You agree not to disclose your username and password to any third party.
You may not use the account, username, or password of anyone else at any time. You agree to notify us immediately of any unauthorized use, theft, or misappropriation of your account, username, or password. We shall not be liable for any loss that you incur as a result of someone else using your username or password, with your knowledge.
WE HEREBY DISCLAIM ANY AND ALL LIABILITY FOR ANY UNAUTHORIZED USE OF YOUR ACCOUNT FOR WHICH WE ARE NOT RESPONSIBLE.
SALE OF PRODUCTS
This Website may allow you to purchase Products from time to time. We reserve the right to refuse service to anyone, at any time, for any reason.
Should you choose to purchase a Product, please note that advertisements on this Website for Products are invitations to you to make offers to purchase Products and are not offers to sell. Your properly completed and delivered order form is your offer to purchase the Products referenced in your order. Your order will be deemed to be accepted only if and when we send an acceptance/confirmation of your order to your e-mail address. That acceptance will be deemed to be complete and will be deemed for all purposes to have been effectively communicated to you at the time we send the e-mail to you (whether or not you receive that e-mail).
Any Products purchased from this Website will be shipped or delivered to a destination as requested by you, provided that all shipping and delivery charges will be paid by you in accordance with these Terms of Use and as described in the shipping and returns policy.
The prices quoted for any Products available for order via this Website do not include any federal, provincial, or local sales, use, value-added, excise, federal excise, goods and services, harmonized or other taxes or fees. You shall be responsible for the payment of all such taxes and fees.
All sales are subject to the return policy and other policies that are posted on this Website and which may be changed from time to time. These policies are hereby incorporated into these Terms of Use by reference.
INTELLECTUAL PROPERTY
This Website, the Services, and all information, text, images, sounds, music, graphics, marks, logos, compilations (meaning the collection, arrangement, and assembly of information), content and software used on or provided through this Website, as well as the selection and arrangement thereof, are proprietary to Vibe Lounge or its licensors and are protected by applicable copyright, trademark, and other intellectual property laws and treaties worldwide.
All rights to the materials mentioned above are expressly reserved, and you agree not to reproduce, modify, publish, display, distribute, transmit, broadcast, or create derivative works from any materials contained on this Website, or the Services, or in any e-mails you receive from us. The use of the materials on this Website, the Services, or in any e-mails you receive from us, for any purpose not expressly permitted by these Terms of Use is prohibited.
Subject to your compliance with these Terms of Use, Vibe Lounge grants you a limited, personal, non-exclusive, non-transferable, revocable license to access and use this Website and the Services for your personal use only.
THIRD-PARTY LINKS AND ADVERTISEMENTS
This Website may provide links to third-party websites for your convenience only. The inclusion of these links does not imply that Vibe Lounge monitors or endorses these websites. Vibe Lounge does not accept any responsibility for such websites. Vibe Lounge shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available on or through any third-party websites or linked resources.
Advertisements may be posted on this Website from third parties. All advertisements are the sole responsibility of the advertisers. Vibe Lounge is not responsible for any advertisement on this Website. Advertisers are responsible for ensuring that material submitted for inclusion on this Website complies with all international and national laws. Vibe Lounge will not be responsible for any error, inaccuracy, or problem in the advertiser's materials.
DISCLAIMER OF WARRANTIES
THIS WEBSITE, THE SERVICES, THE MATERIALS, AND THE PRODUCTS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. VIBE LOUNGE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. VIBE LOUNGE DOES NOT REPRESENT OR WARRANT THAT MATERIALS ON THIS WEBSITE, THE SERVICES, THE MATERIALS, OR THE PRODUCTS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. VIBE LOUNGE DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VIBE LOUNGE RESERVES THE RIGHT TO CHANGE ANY AND ALL CONTENT CONTAINED ON THIS WEBSITE AND TO MODIFY, SUSPEND, OR DISCONTINUE THE WEBSITE OR ANY SERVICES OFFERED THROUGH THE WEBSITE OR LINKED TO THE WEBSITE AT ANY TIME WITHOUT NOTICE.
REFERENCE TO ANY PRODUCTS, SERVICES, PROCESSES, OR OTHER INFORMATION, BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER, OR OTHERWISE DOES NOT CONSTITUTE OR IMPLY ENDORSEMENT, SPONSORSHIP, OR RECOMMENDATION THEREOF BY VIBE LOUNGE.
WITHOUT LIMITING THE FOREGOING, VIBE LOUNGE IS NOT RESPONSIBLE FOR AND MAKES NO WARRANTIES IN CONNECTION WITH ANY THIRD-PARTY WEBSITES OR THIRD-PARTY MATERIALS THAT MAY BE LINKED TO THIS WEBSITE OR SERVICES, OR ANY INFORMATION, RECOMMENDATIONS, SERVICES, OR PRODUCTS PROVIDED BY OR THROUGH THIRD-PARTY WEBSITES.
LIMITATION OF LIABILITY
IN NO EVENT SHALL VIBE LOUNGE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE "RELEASED PARTIES") BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR THE SERVICES, MATERIALS, OR FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THIS WEBSITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED, OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THIS WEBSITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE RELEASED PARTIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THIS WEBSITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO VIBE LOUNGE FOR YOUR USE OF THIS WEBSITE OR PURCHASE OF PRODUCTS VIA THIS WEBSITE.
INDEMNIFICATION
You shall indemnify and save harmless Vibe Lounge and its officers, directors, employees, and agents (the “Indemnified Parties”) from and against any and all claims, demands, actions, suits, losses, costs, charges, expenses, damages, and liabilities, including legal fees and expenses on a solicitor and his own client basis, incurred by the Indemnified Parties in connection with any claim by any third party including, but not limited to, any third party claims, demands, or actions arising out of or resulting from or in connection with:
(i) Your use of this Website, the Services, or any materials or content therein;
(ii) Your violation of these Terms of Use or any law, regulation, rule, or third-party rights;
(iii) A dispute between you and any third party, including, without limitation, any seller of Products or other users of this Website;
(iv) Your purchase and/or use of any Products obtained through this Website; or
(v) Any misuse of any information, including personal information, posted to or on this Website.
Vibe Lounge reserves the right to assume, at its sole expense, the exclusive defense and control of any claim subject to indemnification by you, and you shall not in any event settle any claim without the prior written consent of Vibe Lounge.
TERMINATION
Vibe Lounge reserves the right to terminate your access to and use of this Website, in its sole discretion, without notice and liability, including, without limitation, if Vibe Lounge believes your conduct violates these Terms of Use or is harmful to other users of this Website or third parties, or for any other reason. In the event of termination, you will no longer be authorized to access this Website, and Vibe Lounge will use any means possible to enforce this termination.
GOVERNING LAW
These Terms of Use shall be construed and enforced in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to its conflict of law principles.
DISPUTES
Any dispute relating in any way to these Terms of Use, your visit to this Website, or to any purchase, return, or other transaction with Vibe Lounge shall be submitted to confidential arbitration in British Columbia, except that, to the extent you have in any manner violated or threatened to violate Vibe Lounge’s intellectual property rights, Vibe Lounge may seek injunctive or other appropriate relief in any court in British Columbia, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms of Use shall be conducted under the rules then prevailing of the Canadian Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through a class action, private attorney general proceeding, class arbitration proceedings, or otherwise.
AMENDMENT AND WAIVER
Vibe Lounge reserves the right to change these Terms of Use in its sole discretion and at any time. The current version of these Terms of Use will be posted on this Website and will supersede all previous versions of these Terms of Use. Vibe Lounge encourages you to check these Terms of Use regularly. By using this Website following any update to these Terms of Use, you agree to be bound by the then current version of these Terms of Use.
No delay or failure to exercise any right or remedy under these Terms of Use shall constitute a waiver by Vibe Lounge of that right or remedy or of any other right or remedy. A waiver of any provision of these Terms of Use shall only be valid if provided in writing and shall only be applicable to the specific incident and occurrence so waived.
SEVERABILITY
If any provision of these Terms of Use is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part thereof and the remaining part of such provision and all other provisions hereof shall continue in full force and effect.
HEADINGS
The headings used in these Terms of Use are included for convenience only and will not limit or otherwise affect these Terms of Use.
ENTIRE AGREEMENT
These Terms of Use, together with any other legal notices and agreements published by Vibe Lounge on this Website, shall constitute the entire agreement between you and Vibe Lounge concerning this Website. These Terms of Use supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Vibe Lounge with respect to this Website. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
CONTACT INFORMATION
If you have any questions or comments about these Terms of Use, please contact us at:
Vibe Lounge
B1-111 1st Street East
North Vancouver, BC V7L 1B2
Last updated: September 14, 2023
Please note that the specific contents and wording of a website's terms and conditions may vary, so it's essential to carefully review the terms provided on the actual website you are concerned with. Additionally, consulting with legal counsel or professionals with expertise in website terms and conditions is advisable when drafting or evaluating such agreements to ensure they comply with applicable laws and adequately protect your rights and interests.