1. Acceptance of the Terms
You agree to be bound by these Terms in full, without limitation or qualification, each time you use the Website or buy products from the Website. You represent and warrant that you have the legal authority to agree to and accept these Terms on behalf of yourself and any entity you purport to represent.
The Website, including without limitation, all information, products, and services available in or through the Website are subject to specific terms and conditions, important legal notices, warnings, and restrictions. Details of specific terms and conditions, important legal notices, warnings, and restrictions are set out on the pages to which they relate. You should read those details carefully before proceeding as they are important.
2. Changes to the Terms
We may, in its discretion, revise these Terms at any time. Where this occurs, we will post any update to the Terms on the Website. Where required by applicable law, we will notify you by e-mail or other method through the contact information provided in your Account (defined below) or other opt-in communication, if and when these Terms are updated. Changes to the Terms will become in effect ten (10) days after the new Terms are posted. Thus, users are encouraged to visit the Website and/or Terms periodically to review the Terms. You understand and agree that if you use the Website after such date, we will treat your use as acceptance of the updated Terms.
3. Registration
To make a purchase on the Website or have access to certain areas and features on the Website, you must create an account (an “Account”) by using a login name and password (“Credentials”) by following the process set out on the Website. In order to create an Account, you may have to provide some information about yourself to us, such as your name, address, password, e-mail address, mobile number, and valid method of payment. To be clear, the creation of an Account, the login to your Account, any purchase of a product as a guest or Account holder constitutes your acceptance and agreement to these Terms.
You agree to provide and to maintain accurate, complete, and up-to-date information in your Account. You are responsible for maintaining the confidentiality of your Account and your Credentials, which includes not disclosing your Account and Credentials to any person (other than us). You agree to immediately notify us, using the contact information provided above, of any unauthorized use of your Account or Credentials, any other breach of security, or any suspicion of such unauthorized use. We are not obligated to verify the identity or authority of any person using your Credentials to use the Website and have the right to rely on the authority of any person using your Credentials. You are responsible for any action taken under your Credentials, regardless of whether you authorized the action. We may in its discretion, at any time, require additional proof of identity from any person seeking to use the Website or to make a purchase on the Website, and may deny such use or purchase, or refuse to act upon any communication of a person if we are not satisfied with such proof or if you refuse to provide proof of identity.
SOME ASPECTS OF THE WEBSITE INCLUDING THE PRODUCTS AND SERVICES OFFERED ARE OR MAY BE REGULATED UNDER APPLICABLE LAWS. BY REGISTERING AN ACCOUNT AND PURCHASING SUCH PRODUCTS OR SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE NOT AWARE OF ANY REASON WHY YOUR PURCHASE AND USE OF THE SERVICES OR PRODUCTS WOULD VIOLATE ANY APPLICABLE LAWS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT OPEN AN ACCOUNT, LOGIN TO YOUR ACCOUNT, OR PURCHASE ANY PRODUCT OR SERVICES.
4. Sale of Products and Services
You understand and agree that we may, at our sole discretion, elect to not accept or complete a purchase request for failure to comply with applicable law or if we identify a safety or any concern of any kind. All sales are subject to availability, which may in some circumstances change during checkout, payment and confirmation processes associated with a given order. Prices for all products are indicated on the Website and are subject to change without notice.
While we make reasonable efforts to ensure that the information on the Website is accurate, current or complete at the time of inclusion, we assume no liability or responsibility for errors or omissions on the Website and we make no commitment to update the Website. We reserve the right to (a) correct any error or omission at any time without prior notice or liability to you or any other person; (b) change at any time the products and services advertised on the Website; the specifications; prices; products; services; promotional offers and any other Website content without any notice or liability to you or any other person; (c) refuse any order you place, through the Website or otherwise and (d) limit quantities available for sale or sold. The advertisements on the Website are invitations to make offers to purchase products and services and are not offers to sell. You acknowledge and agree that we shall have no liability for refusing to provide any service or product available through the Website. From time to time, we may send you e-flyers and other promotional e-mails or electronic messages. You can unsubscribe from these promotional e-mails through the unsubscribe mechanism contained in any message. We may also send you transactional and operational messages regarding your account(s).
5. Prices, Delivery, Return Policy
Unless otherwise stated, all prices are in Canadian dollars. Applicable sales taxes and shipping fees will be added prior to purchase as indicated in the details that will be provided during confirmation of a purchase. You are responsible for paying all costs, fees, and applicable taxes for products at the time of the transaction with a valid payment method. If your payment method fails, or your Account otherwise becomes past due, we may collect fees owed using other means of collection. We reserve the right to require a minimum order value (excluding any fees, charges, and taxes) and we may, at any time and in our sole discretion, waive, change, or vary by location, any minimum order requirements. We may, in our sole discretion, charge service fees for delivery, picking and/or curbside pickup, in either case such service fees will be displayed on Marchés Tau as a “delivery fee”. The delivery fee may vary by location, selected store, or time slot but will be displayed on the booking page and confirmed at checkout when submitting your order on Marchés Tau.
The online Tautale membership program may differ from in-store services and promotions.
By completing the checkout and submitting an order through Marchés Tau, you are agreeing to pay, in full, the prices of the items selected (or any substitutions accepted by you) and all applicable charges (such as charges for bags, deposits delivery fees, etc.), taxes, by credit card or other permitted payment method. You authorize us to process payment of the applicable purchase price via the payment mechanism you select from the available choices, and you represent and warrant that you are authorized to use the applicable payment mechanism. If your payment method is by credit card and is rejected by the card issuer or processor, your order will not be filled, and we will have no obligation in respect of it. During the credit card 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 or curbside pickup, as applicable. You are responsible for any fees, including legal costs and collection costs, that we may incur in collecting any unpaid balances from you.
Products purchased or ordered on Transactional Sites permitting delivery are only available for delivery in the geographical areas noted on the applicable Transactional Site. Products purchased or ordered on Transactional Sites permitting pickup are only available for pickup in the geographical areas and at the store locations noted on the applicable Transactional Site.
Marchés Tau may, in its sole discretion, accept or reject any order placed on a Transactional Site. All offerings on Transactional Sites are invitations to purchase and not offers to sell. Any online confirmation of receipt of an order after placement is an acknowledgement of receipt of the order but not an acceptance of the order, which will be delivered subsequently via e-mail to the e-mail associated with your order or by telephone to the telephone number associated (“Contacted”).
Marchés Tau may, in its sole discretion, cancel an order you have placed on a Transactional Site after Marchés Tau has accepted it, in which case you will be Contacted. If Marchés Tau cancels your order, Marchés Tau will have no obligation to fulfill it nor will Marchés Tau be otherwise liable to you in respect of it, and you will have no obligation to pay for it. Marchés Tau may in some circumstances require additional information or verification before accepting or fulfilling an order, in which case you will be Contacted.
Subject to applicable laws (a) purchase of products on the Transactional Sites is subject to availability. If product(s) are not available, Marchés Tau will have no obligation to fulfill an order for them and you will have no obligation to pay Marchés Tau for them; and (b) Marchés Tau reserves the right to change the products, prices and descriptions advertised or displayed through any Transactional Site, at any time without notice or liability to you.
Marchés Tau seeks to be accurate in product descriptions but does not represent or warrant that the product descriptions or other content on Transactional Sites are accurate, reliable, current, or complete.
Marchés Tau reserves the right, in its sole discretion, to limit quantities of items purchased per person, per household or per order or otherwise from time to time. You will be Contacted if such limits or prohibitions are applied to an order by you.
Methods of payment applicable to any particular order are indicated on the applicable Transactional Site. You authorize Marchés Tau to process payment of the applicable purchase price via the payment method you select from the available choices, and you represent and warrant that you are authorized to use the applicable credit card. If your payment is by credit card and is rejected by the card issuer or processor, your order will not be filled, and Marchés Tau will have no obligation in respect of it.
When you order products or services from the Website, certain specific terms and conditions may apply, which are set out on the relevant webpage. These specific terms and conditions include our privacy policy, shipping and handling and return policy. All sales are final. We stand behind the quality of the products, if you are unsatisfied for any reason, please contact us using the information found above to address your concerns.
6. Health Care Disclaimer
The content, products and services offered herein are for informational use only. Nothing in the content, products or services should be considered, or used as a substitute for, medical advice, diagnosis, or treatment. This Website and its services do not constitute the practice of any medical or other professional health care advice, diagnosis or treatment and does not create an express or implied physician-patient relationship. You should always talk to your health care provider for diagnosis and treatment, including your specific medical needs. The products or services referenced on this Website are not a representation or warranty that any particular service or product is safe, appropriate or effective for you.
Users of the Website should not rely on information contained therein for diagnosing, treating, curing, preventing, managing, or otherwise addressing health problems. Users should seek the advice of a physician or other qualified health care provider with any questions regarding personal health or medical conditions.
7. Inaccuracies on the Website
While we use reasonable efforts to include accurate and up-to-date information on our Website, errors, inaccuracies, and omissions may sometimes occur. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice.
The information contained on this Website is not intended to be used as a complete reference. While we have tried to confirm the accuracy of the information presented, we make no warranty, expressed or implied, with respect to the currency, completeness, usefulness, or accuracy of the contents of the Website. We have no liability for any errors or omissions in the information provided. We do not endorse and assume no responsibility for the accuracy of the content from other sources other, or for practices or standards of other sources.
8. Restrictions on Use
The Website, including all information, materials, text, images, video, audio or multimedia content available through the Website, is provided for your non-commercial and personal use on an “as is, as available” basis and may be used by you for information purposes only. In particular, but without limiting the generality of the foregoing, you acknowledge that the services and products purchased through the Website are provided solely for your personal use. Nothing in these Terms grants you any rights in the Website other than as necessary to enable you to access the Website and to purchase the products or services through the Website.
As a condition of your use of the Website, including the content, services and products available on the Website, you agree that you will not, or attempt to do the following: (a) violate any laws, without regard to any of the Laws (defined in section 21), these Terms, our policies and third party rights; (b) reverse engineer, decompile, copy, modify, distribute, transmit, license, sublicense, display, revise, transfer, sell or otherwise make available to any third party or otherwise publish, create derivative works from or exploit in any way the Website or its content except as expressly permitted by us or expressly provided under applicable law; (c) use the Website in any manner which could damage, disable, overburden or impair the Website, including distributing viruses or malware or other similar harmful software code; (d) remove, circumvent, disable, damage or interfere with the security features of the Website; (e) harvest or otherwise collect information about any user of the Website without their consent and compliance with all law; (f) represent or suggest that we endorse any other business, product or serve unless we have agreed to do so in writing; and (g) remove any copyright, trademark or other proprietary notices from any portion of the Website.
Without limiting other recourse, including but not limited to any remedy available under applicable law, we may limit, delay, suspend or terminate any access to the Website, your Account, access to content, products or services, linked websites, or take steps to keep users off the Website if we believe, in our discretion, that the user is creating problems or possible legal liabilities, infringing our intellectual property rights or those of third parties, or otherwise acting inconsistently with the spirit of these Terms or our policies. We may, in appropriate circumstances, suspend or terminate access, or modify or discontinue the Website, services or products, at our discretion.
9. Intellectual Property Rights
Except as otherwise provided in these Terms, we (and our licensors) retain all rights, title and interests, including intellectual property rights, in the Website and its content. Unless otherwise stated, all materials published on the Website are protected by copyright and intellectual property laws. We (and our licensors) reserve all our intellectual property rights (including without limitation, all copyright, trademarks, domain names, design rights, database rights, patents, and all other intellectual property rights of any kind) in the world. Nothing on the Website, your use of the content or purchase of products shall be construed as conferring any transfer of rights to you of any of our (or any third party’s) intellectual property or other proprietary rights.
Without limiting the generality of the foregoing, the product names, company names and logos used on the Website may be trademarks, including registered trademarks owned by us, an affiliate or a third party. Such trademarks, product names, company names or logos may not be copied, imitated, or used, in whole or in part, without our prior written consent or of the relevant parties.
10. User Content
The Website allows users an opportunity to post content, including information, text, photographs, and messages (“Content”) to the Website. We do not claim to endorse, support, sanction or agree with Content posted by users. If you upload, post, or otherwise transmit Content via the Website, you acknowledge that our right to use the Content is perpetual, irrevocable, worldwide, royalty-free, and non-exclusive to reproduce, modify, translate, publish, publicly perform, publicly display and distribute any such Content in any medium or manner we see fit and for any purpose, including commercial uses, without compensation or attribution to you or any other person. You represent and warrant that any Content you supply to us is and shall be your own original work and has been lawfully provided to us and that you have all necessary consents to provide this to us. You agree to waive any moral rights you may have in the Content but any personal data you supply will be used as described in our privacy policy. We shall not be subject to any obligation of confidentiality nor be liable for any use and/or disclosure of the Content.
You understand that all Content posted or transmitted to the Website, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such content originated. This means that you are entirely and solely responsible for all Content that you upload, post, or otherwise transmit via the Website. We do not claim to review the Content posted by users and we are not responsible nor liable for such Content, including any error, omission, infringement, defamatory statement, obscenity or inaccuracy contained therein. However, we shall have the right, but not the obligation, to delete, move, or edit any Content that violates the Terms or is otherwise objectionable as we determine in our sole discretion and without notice.