Terms & Conditions

Welcome to LilyChan.CA (the “Web site”). Please read this Terms and Conditions of Use Notice (“Notice”) carefully before using the Web site. By viewing or otherwise using this Web site, you agree you are 13 or older and agree to the LilyChan.CA privacy policy and to the terms and conditions in this Notice. 
 
We reserve the right in our sole discretion to change, modify, add, or delete portions of this Notice at any time. We will provide notice of such changes only by posting the updated Notice on our Web site and changing the “last updated” date listed above. This Notice applies exclusively to your access to, interaction with, and use of, this Web site and does not alter in any way the terms or conditions of any other agreement you might have with LilyChan.CA (“LilyChan.CA”) for products, services, or otherwise. We encourage you to review our Notice each time you visit our site to see if it has been updated since your last visit. 
 
If you have any questions regarding the use of the Web site, please refer to the Frequently Asked Questions section within Customer Support. All other questions or comments about the Web site should be directed to class@LilyChan.CA
 
Hyperlinks
You are granted a limited, nonexclusive right to create a hyperlink to the homepage or recipe home page of this Web site only, provided such link does not portray LilyChan.CA or any of its products and services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time.
 
Third-Party Content & Services
LilyChan.CA may provide hyperlinks to sites such as search engines and content of third parties (“Third-Party Content”) as a service to those interested in this information. LilyChan.CA does not monitor nor does LilyChan.CA have control over any Third-Party Content. LilyChan.CA does not endorse or adopt any Third-Party Content and can make no guarantee as to its accuracy or completeness. LilyChan.CA does not warrant the accuracy of any information contained on, and undertakes no responsibility to update or review, any Third-Party Content. Users use these hyperlinks and Third-Party Content contained therein at their own risk.
 
Submissions
By submitting, disclosing, or offering any recipe, review, photograph, image, video, “favorites” list, comments, feedback, postcards, suggestions, ideas, notes, drawings, concepts, and other information, content or material, or other item (each, a “Submitted Item”) to LilyChan.CA, either online or offline and whether or not solicited by LilyChan.CA, you hereby grant to LilyChan.CA an irrevocable, nonexclusive, perpetual, worldwide, royalty-free right and license to use, display, publicly perform, modify, reproduce, publish, distribute, make derivative works of, sublicense, and otherwise commercially and non-commercially exploit your Submitted Items and all copyright, trade secret, trademark, or other intellectual property rights therein, in any manner or medium now existing or hereafter developed (including but not limited to print, film, or electronic storage devices), and the exclusive right to use, display, publicly perform, modify, reproduce, publish, distribute, make derivative works of, sublicense, and otherwise exploit all such materials on commercial websites, without compensation of any kind to you or any third party. 
 
You hereby represent and warrant (a) you have all necessary right, power, and authority to grant the license set forth herein to your Submitted Item, and (b) your Submitted Item does not violate, misappropriate, or infringe any copyright, trade secret, trademark or other intellectual property right of any third party. You will take, at LilyChan.CA’ expense, any further action (including, without limitation, execution of affidavits and other documents) reasonably requested by LilyChan.CA to effect, perfect, and confirm the license granted to LilyChan.CA to your Submitted Item as set forth herein. 
 
Publication or use of any Submitted Items is at the sole discretion of LilyChan.CA and LilyChan.CA is under no obligation to publish or use any Submitted Item. If your Submitted Item is published, used and/or posted on the Web site or otherwise used by LilyChan.CA, we may include your name, likeness, photo or biographical information in conjunction with such publication, posting, or use. By submitting, disclosing, or offering a Submitted Item, you hereby grant LilyChan.CA the right to use your name in connection with the publication, use or posting of your Submitted Item. You must include your full name and e-mail address with your Submitted Item so we can contact you if we have any questions about your Submitted Item; however, only your name and not your e-mail address will be published with your Submitted Item.
 
User Conduct
This Web site might include discussion forums or other interactive areas, including, but not limited to, bulletin boards, and recipe storage and exchange areas. All such forums and interactive areas shall be used only for non-commercial purposes. You are solely liable for any material you upload or transmit to the discussion forums or interactive areas of this Web site. You agree not to use the Web site to do any of the following:
Upload, post, e-mail, transmit, distribute or otherwise publish any message, information, text or other material (“Material”) that may be considered to be unlawful, harmful, libelous, tortious, defamatory, obscene, vulgar, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, hateful, or racially, ethnically or otherwise objectionable;
Upload or transmit any Material that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law, including, without limitation.
Upload, e-mail, transmit, or otherwise make available any Material that might infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
Without LilyChan.CA’ written permission, distribute, publish, or make available any unsolicited or unauthorized promotions, advertising or solicitations for funds, goods or services, including junk mail, spam, and chain letters;
Harm minors in any way; or
Upload, post, e-mail, transmit, or otherwise make available any Material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
 
Disclaimer
THIS WEB SITE AND THE CONTENT AVAILABLE ON IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND YOU AGREE USE OF THIS WEB SITE AND/OR ITS CONTENT IS AT YOUR SOLE RISK. LilyChan.CA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. LilyChan.CA DOES NOT REPRESENT OR WARRANT MATERIALS ON THIS WEB SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. LilyChan.CA DOES NOT REPRESENT OR WARRANT THIS WEB SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE YOUR USE OF THE WEB SITE AND CONTENT IS AT YOUR SOLE RISK. 
 
LilyChan.CA reserves the right to change any and all Content contained on this Web site at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by LilyChan.CA. 
 
Limitation of Liability
IN NO EVENT SHALL LilyChan.CA OR ITS AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR INABILITY TO USE, THIS WEB SITE OR CONTENT CONTAINED ON, OR ACCESSED THROUGH, THIS WEB SITE, EVEN IF LilyChan.CA 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 might not apply to you.
 
Indemnification
You agree to defend, indemnify and hold harmless LilyChan.CA, its affiliates, and all of their officers, directors, agents, suppliers, and licensors from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Web site or any Materials or Submissions you provide, including, but not limited to, any claim by a third party that any Materials or Submissions infringe or violate such third party’s rights or interests.
 
Removal and Disclosure
We reserve the right to, at our sole discretion, remove, take down, destroy or delete any Material and Submissions at any time and for any reason, including, but not limited to Material and Submissions, that we deem inappropriate or which we believe might subject us to any liability. We may access, use and disclose transaction information about your use of our Web site, and any Material and Submissions transmitted by you via or in connection with our Web site, to the extent permitted by law, in order to comply with the law (e.g., a lawful subpoena); to initiate, render, bill and collect for our products and services; to protect our rights or property, or to protect users of our Web site from fraudulent, abusive, or unlawful use of our Web site. INDIRECT OR ATTEMPTED VIOLATIONS OF THIS NOTICE OR ANY RELATED POLICY, GUIDELINE OR AGREEMENT, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF, SHALL BE CONSIDERED VIOLATIONS OF THIS AGREEMENT BY YOU.
 
Applicable Law
These terms and conditions shall be governed by and construed in accordance with the laws of the province of British Columbia, without regard to its choice of law principles to the contrary. You agree any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in the state and federal courts residing in Burnaby, BC and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of this Notice.
 
Termination
LilyChan.CA reserves the right, without notice and in its sole discretion at any time, to terminate your license to use this Web site, to block or prevent future access to and use of this Web site, and to remove and discard any Material and Submissions.
 
Severability
If any provision of this Notice shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Notice and shall not affect the validity and enforceability of any remaining provisions.
 
Payment
Prices for all kind purchases and telecommunication charges, unless expressly stated otherwise and are in the form of Canadian Dollars. To the extent permissible under law, you are responsible for any applicable taxes, whether or not they are listed on your receipt or statement. If you purchase valid items, you agree to pay, using a valid credit card (or other form of payment that we may accept from time to time), the applicable fees (if any) set forth on the Web site. We reserve the right, upon prior notice to you, to change the amount of any fees and to institute new fees, effective at the end of your current subscription period. All authorized charges will be billed to your designated credit card account (or other payment method) on the terms described in the specific offer. If payment cannot be charged to your credit card or your payment is returned to LilyChan.CA for any reason, LilyChan.CA reserves the right to either suspend or terminate your access to the unpaid-for Subscription Services. 
 
CONFIDENTIALITY. All information supplied by you to LilyChan.CA during the completion of the registration and subscription forms is subject to the Privacy Policy. 
 
LIMITATION ON LIABILITY. LilyChan.CA is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or redemption to be received by LilyChan.CA on account of technical problems or traffic congestion online or on the Internet or at any web site, or any combination thereof including any injury or damage to entrant's or any other person’s computer related to or resulting from downloading any materials consistent with this Trial or subsequent use of LilyChan.CA. If, for any reason, the Trial offer is not capable of running online as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of LilyChan.CA which threatens or corrupts or adversely affects the administration, security, fairness, integrity or proper conduct of this Trial offer, LilyChan.CA, reserves the right, in its sole discretion, to cancel, terminate or suspend the offer and/or any Trials. CAUTION: ANY ATTEMPT BY YOU TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SUBSCRIPTION OFFER, MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, LilyChan.CA WILL DISQUALIFY YOUR ATTEMPTED REDEMPTION AND RESERVES THE RIGHT TO SEEK DAMAGES FROM YOU TO THE FULLEST EXTENT PERMITTED BY LAW. 

 

Lily Chan's Kitchen © 2017