The Rosa Rugosa Website
We reserve the right to modify, add or remove portions of the Website Terms at any time without notice in our sole discretion. Please review these Website Terms periodically for changes. Your continued use of the Website after any such changes constitutes your acceptance of such changes. Modifications to these Website Terms shall be effective as the effective date written above.
The Website may contain material inappropriate for audiences under the age of thirteen (13). You acknowledge and agree that you will not authorize anyone under the age of thirteen (13) to access or view these parts of the Website, or if necessary, the Website generally.
If for any reason Rosa Rugosa believes a user of the Website may be under the age of 13, Rosa Rugosa reserves the right to request proof of age of such user. If such proof is not provided, or if it is discovered the user is under the age of 13, all associated personal information shall be deleted from our system and we reserve the right to limit the user from the Website.
You hereby agree not to use the Website for any unlawful purpose or in a manner contrary to these Website Terms. If you reside outside of Canada, you are responsible for ensuring that your use of the Website complies with all rules, laws, and regulations in the jurisdiction where you reside. You expressly agree not to:
- Use the Website or Content for commercial purposes, and not to reproduce, duplicate, copy, sell, distribute, resell or exploit any portion of the Website and/or Content, or use the Website and/or Content for any other purpose other than your personal, private, non-commercial purposes.
- Use the Website and/or Content to defame, harass, abuse or threaten others, or to collect or attempt to collect personal information about others.
- Damage, impair or disable the Website and/or Content, or any user's enjoyment of it, including but not limited to by the uploading or disseminating of viruses, worms, adware or other malicious computer code.
- Remove, circumvent, disable, damage or otherwise interfere with security related features of the Website and/or Content, including without limitation features that prevent or restrict the use or copying of any content accessible through the Website.
- Attempt to gain unauthorized access to the Website and/or Content or any computer system or networks connected to the Website and/or Content through any unauthorized or illegal means.
- Enclose images or materials on the Website, or use any of meta-tags or other similar “hidden content” on the Website or contained in the Content.
- Send offers, advertisements, spam and proposals to other users of the Website.
- Modify, adapt, translate or create derivative works based on the Website in whole or in part.
Any violation of the above terms may result in the immediate revocation of any licenses granted to you, and may additionally violate the law.
Rosa Rugosa owns and operates the Website. All content and information, visual interfaces, features, graphics, designs, software codes, operations, services and all other elements of the Website (the "Content") are copyrighted works (which include moral rights) and are protected by copyright, trademark, trade dress and patent laws, international conventions in Canada and abroad, where permitted. All trademarks, service marks and trade names on the Website are owned by Rosa Rugosa, its affiliates and/or third party licensors. You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Content. Rosa Rugosa reserves all rights and recourses in connection with the Website and the Content. You disclaim any right, title or interest to the Website and/or Content, except for the limited rights set forth in the Website Terms. Rosa Rugosa will aggressively enforce its intellectual property and other rights to the fullest extent permitted by law or equity including, but not limited to, criminal prosecution. You hereby confirm that you have no ownership or other proprietary interest in any contribution you make to the Website and/or Content including any account you create, and you acknowledge and agree that all rights in and to any account are and shall forever be owned by and enure to the benefit of Rosa Rugosa, and you hereby waive any and all moral rights associated therewith.
CONTENT ON THIS WEBSITE MAY INCLUDE INACCURACIES OR ERRORS, AND IS PROVIDED TO YOU ON AN "AS IS" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER. YOUR USE OF THIS WEBSITE IS ENTIRELY AT YOUR OWN RISK. NEITHER ROSA RUGOSA LTD. NOR ITS LICENSORS, AGENTS, CONTRACTORS, PARTNERS, SERVICE PROVIDERS OR SUPPLIERS MAKE ANY REPRESENTATION WHATSOEVER, EACH HEREBY AND DISCLAIMS ALL STATUTORY, EXPRESS OR IMPLIED WARRANTY, COVENANT AND/OR CONDITION OF ANY KIND WHATSOEVER INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES, TERMS, COVENANTS OR CONDITIONS REGARDING COMPATIBILITY, FUNCTIONALITY, UNINTERRUPTED SERVICE, ACCURACY, COMPLETENESS, FREEDOM FROM COMPUTER VIRUS, MALWARE OR ADWARE, TIMELINESS, NON-INFRINGEMENT, SATISFACTORY QUALITY, RESULTS OBTAINED FROM USE OF THIS WEBSITE, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE ARISING BY LAW, EQUITY, STATUTE, USAGE OF TRADE OR COURSE OF DEALING.
INTERNET SERVICES, LINKS AND CONNECTIONS ARE SUSCEPTIBLE TO TECHNICAL DIFFICULTIES, INCLUDING CRASHES, ATTACKS, DOWN-TIME, ACTS OF GOD AND OTHER OCCURRENCES BEYOND THE CONTROL OF ROSA RUGOSA. ROSA RUGOSA DOES NOT REPRESENT, WARRANT OR COVENANT THAT IT SHALL MAINTAIN A CONTINUOUS AND UNINTERRUPTED LINK TO THE INTERNET. ROSA RUGOSA SHALL NOT BE LIABLE FOR ANY FAILURE TO MAINTAIN A CONTINUOUS AND UNINTERRUPTED LINK TO THE INTERNET.
YOUR USE OF THIS WEBSITE MEANS THAT YOU AGREE THAT YOU ARE USING THIS WEBSITE AT YOUR OWN RISK AND LIABILITY. ROSA RUGOSA SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, MORAL, INCIDENTAL, COLLATERAL OR SPECIAL DAMAGES OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, THOSE DAMAGES ARISING FROM ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE OF THE CONTENT ON THIS WEBSITE, OR THOSE DAMAGES RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER FROM THE USE OF, OR INABILITY TO USE, ANY CONTENT ON THIS WEBSITE (OR A WEBSITE LINKED TO THIS WEBSITE), OR ANY OTHER CAUSE EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; AND EVEN IF CAUSED BY ANY ACT, OMISSION OR NEGLIGENCE OF ROSA RUGOSA OR ANY OF ITS LICENSORS, AGENTS, CONTRACTORS, PARTNERS, SERVICE PROVIDERS OR SUPPLIERS, AND EVEN IF ANY OF THEM HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING.
Third Party Content
The Website contains third party advertising and links to third party websites (“3PC”). 3PC are provided solely as a convenience and not as an endorsement by Rosa Rugosa. Rosa Rugosa is not responsible for any aspect of 3PC including its content or the products and/or services offered by third parties, nor does it make any representation or warranty of any kind regarding 3PC, including, without limitation: (a) advertising claims made by third parties; (b) the legality, accuracy, reliability, completeness, timeliness, suitability of any content on or operations of any third party website; (c) the merchantability or fitness for a particular purpose of any material, content, software, goods or services located at or made available through such third party websites; or (d) the third party websites will be uninterrupted or error free, that defects or errors in such third party websites will be corrected or that such third party websites will be free from viruses or other harmful components.
Third party linked sites are not under the control of Rosa Rugosa and may collect data or solicit personal information from you. Rosa Rugosa is not responsible for the content, business practices or the privacy policies of the third party linked sites, including but not limited to the collection, use and disclosure of personal information that these sites may collect.
You agree that Rosa Rugosa shall not be responsible or liable to you for any type of loss or damage that may result in any such dealings you may have with advertisers or third party websites linked to the Website, either directly or indirectly as a result of the presence of such advertising on the Website.
You acknowledge and agree that your use of the Website may involve exposure to content not belonging to Rosa Rugosa ("User Submissions") from a variety of sources, including other users, and that Rosa Rugosa is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that User Submissions might contain material that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Rosa Rugosa with respect thereto.
If you upload and/or post a User Submission to the Website, you hereby grant Rosa Rugosa a royalty-free, perpetual, non-exclusive, irrevocable, unrestricted, worldwide license to: (a) use, reproduce, store, adapt, translate, modify, make derivative works from, transmit, distribute, publicly perform or display such User Submission for any purpose via all forms of media now known or hereafter devised; and (b) to transfer or sublicense to third parties the unrestricted right to exercise any of the foregoing rights.
In addition to the grant of the above license, you hereby: (a) agree to waive all moral rights in your User Submission in favour of Rosa Rugosa; (b) consent to your name appearing as the contributor of your User Submission, and to the disclosure and/or display of such information and any other information which appears in or is associated with your User Submission; (c) acknowledge and agree that Rosa Rugosa is not responsible for any loss, damage, or corruption that may occur to your User Submission on the Website or as a result of your posting of such User Submission; and (d) acknowledge and agree that your posting of a User Submission may lead to another user copying and/or modifying such User Submission.
You hereby grant each user of the Website a non-exclusive license to access your User Submissions through the Website. You acknowledge and agree that Rosa Rugosa shall in no way be responsible for any authorized and/or unauthorized use, reproduction, distribution or display of your User Submissions by any third party.
Rosa Rugosa does not endorse any User Submissions posted on the Website by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Rosa Rugosa expressly disclaims any and all liability in connection with all User Submissions posted on the Website. Rosa Rugosa does not permit or condone infringement of intellectual property rights on the Website, and will remove all User Submissions we deem, in our sole discretion to be infringing, or if we are notified that such User Submission verifiably infringes third party intellectual property rights. We reserve the right in our sole discretion to remove any User Submission without notice.
Rosa Rugosa does not permit or condone the submission of inappropriate content including, without limitation, content that is defamatory, discriminatory or illegal. Rosa Rugosa shall make reasonable efforts to monitor User Submissions at all times to determine compliance with Website Terms and any operating rules established by Rosa Rugosa and to satisfy any law, regulation or authorized government request.
With respect to your User Submission, you agree to not use the Website to submit any content that: is offensive or that promotes hatred against an individual or group; could be harmful to minors; harasses or bullies others; is false, misleading or illegal; infringes any patent, trademark, trade secret, copyright or other proprietary rights of any third party; contains or displays content of a sexually explicit nature; facilitates the impersonation of another person; you do not have a right to transmit under any law or under any contractual or fiduciary relationships (such as inside information, proprietary or confidential information); engages in commercial activities and/or sales without Rosa Rugosa's prior written consent.
The above is a partial list of the kind of activity that is illegal or prohibited on the Website. You are encouraged to report inappropriate content by contacting us. Rosa Rugosa reserves the right to investigate and take appropriate legal action against anyone who, in Rosa Rugosa's sole discretion, violates this provision. You are solely responsible for the User Submissions you post on the Website and the consequences of submitting and publishing your User Submissions. You represent, and warrant that your User Submissions do not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Rosa Rugosa all of the license rights granted herein.
You agree to indemnify, defend and hold Rosa Rugosa and its affiliated companies, successors, assigns, agents, officers, directors, employees, representatives, partners, licensors, and/or licensees (the "Released Parties") harmless from any claims, losses, damages, liabilities, including legal fees and expenses arising from any violation by you of these Website Terms, or any breaches of the representations and warranties made by you herein. Rosa Rugosa reserves the right, at your expense, to assume the exclusive defence and control of any matter for which are you are required to indemnify the Released Parties and you agree to cooperate with our defence of these claims. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
User Submissions and Social Networking
Rosa Rugosa Store Terms of Sale
Notwithstanding the foregoing, it may be possible to purchase Products on certain internet connected devices by credit card only. For credit card or PayPal purchases, before processing any order, Rosa Rugosa obtains pre-approval, from PayPal or the financial institution which issued the user's credit card, for the cost of the Product together with all applicable taxes. Your credit card or PayPal account will be charged only after we e-mail you that your order has been processed. For purchases involving the redemption of loyalty points only, all points will be deducted from your loyalty account immediately on receipt of your order. Loyalty points will immediately be deducted for all Products, including if the Product is a pre-order. For purchases involving the use of a Gift Card only, the value being applied to your purchase will be deducted from your Gift Card immediately on receipt of your order. The Gift Card value being applied to your purchase will immediately be deducted for all Products, including if the Product is a pre-order.
Formation of Contract / Order Confirmation
We reserve the right to reject, cancel, correct and/or terminate any order for any reason whatsoever in our sole discretion. Should there be an error in the price of the Product, we will notify you, and you may either choose not to purchase the Product, or purchase the Product at the correct price. We will e-mail you once your order has been received; this e-mail is only our confirmation that our servers have received your order. Your order is deemed to be an offer to purchase the Product. Your order is deemed to be accepted only if we send you an e-mail confirming that your order has been processed. Until you receive an e-mail from us confirming that your order has been processed, no legally binding or enforceable contract exists between you and Rosa Rugosa. We do not represent, warrant or otherwise guarantee the length of time it will take for your order to be processed.
Limitation of Quantities
We reserve the right to limit quantities of the Products which are available for sale or which each customer may buy.
Accuracy of Information
In order to complete your order, we rely on the information which you provide to us. By placing an order you represent, warrant and covenant that the information provided to us is complete, true, accurate and up-to-date. You are responsible for any costs which you or we incur as a result of incomplete, untrue, inaccurate or out-of-date information which you provide to us.
Conditions re Sale to Minors and non-residents of Canada:
- Non-residents of Canada are not permitted to purchase any Products from the Rosa Rugosa Store;
- Minors who do not have the permission of a parent or legal guardian are not permitted to make a purchase via any Payment Method.
Your purchase of Products from the Rosa Rugosa Store constitutes your confirmation that you are: (i) an adult who has obtained the age of majority in the territory in which you reside; or (ii) a minor who is purchasing Product or redeeming Gift Cards or loyalty points with the permission of your parent or legal guardian.
Countries Outside Canada
This Website may be accessed from countries around the world, other than Canada, and may contain references to Rosa Rugosa products, services, and programs that have not been announced and are not available in your country. These references do not imply that Rosa Rugosa intends to announce or make available such products, services or programs in that country. Rosa Rugosa makes no representation or warranty that the content on this Website is appropriate, available for use or legal in countries, territories or lands other than Canada. Rosa Rugosa makes no representation or warranty that accessing this Website from countries, territories or lands other than Canada is not prohibited. Those who choose to access this Website from countries, territories or lands other than Canada do so entirely on their own initiative and entirely at their own risk, and they are solely responsible for the consequences of same, and for compliance with their local laws.
You agree that any causes of action arising out of or related to these Website Terms or your use of the Website must formally commence within one (1) year after the cause of action arises, otherwise such cause of action is permanently prohibited.
Personal Information We Collect
Rosa Rugosa and its employees, agents, contractors, service providers, partners and representatives may collect the following Personal Information:
- Contact Information (e.g. name, home address, home or mobile telephone number or e-mail address);
- Credit or Debit Card Information, including card number, expiry date and 3 digit CVS code (e.g. when purchasing other products or services);
- Survey Responses (e.g. when you provide your name or other contact information in order to take advantage of various benefits for participating in a survey, or when you consent to us contacting you about your comments);
- Preferences and other Personal Information provided by you (eg: favourite products, preferred sizes & comments);
- Job Applications (e.g. information you provide to us when applying for an employment opportunity: (i) by sending us a resume; (ii) by submitting a job application on our Website, or the website of an authorized third party service provider).
Use of Personal Information
We collect and use Personal Information for a number of purposes:
- Purchases made by you: Personal contact and credit/debit card information will be used by Rosa Rugosa to process your purchases and reservations with us. For event bookings, certain additional information be required. In these cases, credit/debit card information is only used for the purposes required to process and complete the transaction and/or service requested by you, and is only retained in transaction records required for internal management and auditing purposes or as otherwise required by law, unless you are informed otherwise or you provide your consent.
- Administration: Your name, address and telephone number will be stored by us should you provide such information when you use our lost-and-found services. Also, your name, address and telephone number may be collected and used by Rosa Rugosa for audit and refund verification purposes when you request a refund.
- Video Surveillance: Rosa Rugosa monitors its premises, electronically and otherwise, for security purposes, to which you implicitly consent when you visit our offices. In the event of an accident or theft, Rosa Rugosa may collect, use and disclose information related to the incident or theft as required for operational, insurance, legal or other necessary purposes.
- Contests/Benefits: Rosa Rugosa may run contests on our website. We may request your name, address, telephone number, e-mail address and we may also require proof of age for the purposes of determining eligibility. Unless otherwise stated in the applicable contest rules, or if you provide your consent, your Personal Information will only be used for prize notification and fulfillment and related purposes in connection with the contest. Contact information may be required to administer other benefits our visitors and /or guests have requested or accepted.
- Other Uses: We may also use Personal Information, where necessary, for:
- establishing, maintaining and/or fulfilling relationships with our business partners, third-party vendors of products and/or services, as well as our corporate and business customers;
- evaluating job applications or resumes which are sent to us, as further described in the Job Application section below;
- Conducting, operating, administering and otherwise managing our business, to satisfy legal, regulatory, security, audit, financial and processing requirements, or as otherwise permitted or required by law.
Disclosure of Personal Information
Personal Information collected by Rosa Rugosa is not disclosed to other parties, except as follows:
- Rosa Rugosa may contract with third parties, such as other companies, individuals, contractors, and/or other entities, without limitation, to perform certain technical functions on our behalf. For instance, we may use such third parties to host message boards, user forums or webpages, to develop and operate software applications and create and maintain databases, or send and receive communications on our behalf. Your Personal Information may be disclosed to such third party companies, individuals, contractors and/or other entities, without limitation, in the ordinary course of our business operations.
The Website and the Internet
On the Website, visitors may conduct activities where Personal Information is required or may be provided, including but not limited to: registering to receive customized information, entering contests, participating in polls or surveys or purchasing products and/or services. Rosa Rugosa does not collect Personal Information about you unless you choose to provide us with such information for such purposes or activities.
Individuals who provide us with their telephone numbers will only receive communications from us with respect to orders, contests or other products or services that they have requested, unless they provide express consent to receive telephone calls or SMS messages from us. If you make inquiries of Rosa Rugosa directly by e-mail, or through our Website, these inquiries are forwarded to the relevant department and are not used for other purposes, or stored (other than maintaining a record of our correspondence with you).
Unsubscribe / Deletion Requests
E-Mail and SMS messages
When you register for a Rosa Rugosa Connect account on our Website, make purchases, enter contests, respond to surveys, or otherwise participate in our online community, our servers may store your Personal Information, contact details or other information in order to facilitate site login, the automatic completion of forms and otherwise for your convenience.
The nature of internet browsing is such that this activity passively and automatically collects and discloses certain information about each individual’s use of the internet. This information may be associated with an individual’s Internet Protocol ("IP") address. This is a unique internet "address" which is assigned to all internet users by their Internet Service Provider ("ISP"). Our server logs record statistical information, such as visitors' IP addresses, type of operating systems, time and duration of visit, webpages requested, as well as identifying categories of visitors by items such as domains and browser types.
Cookies and Behavioural Advertising
For each visit to our Website, cookies may be used by our server to recognize where you have indicated your preference to be automatically logged in.
You may disable cookies using your browser's settings. Please consult your browser's help function for information on how to disable cookies. Note that if you disable cookies, certain features of our Website will not function to their fullest potential.
Rosa Rugosa or its service providers may place ads on our webpages. As a result of your visit to our site, or by clicking on these ads, we may collect passive information such as your domain type, your IP address and clickstream information.
On our Website, we store subscriber and password information in a secure manner not accessible to Web browsers, behind password protection, or off-line. We endeavor to use industry-standard encryption technologies when transferring and receiving consumer data exchanged with our Website.
Some of the ads on our Website are served through one or more reputable ad-serving companies, including but not limited to Google. These third parties may use non-personal information, such as webpages you visit and cookies, to provide ads that may be of interest to you. In addition, we may use IP addresses to allow our third party advertising partners to display more targeted ads and content. This process does not include the use of your Personal Information, nor do we share your Personal Information with these ad-serving companies.
We may collect and use your Personal Information or any information you provide to us when you apply for a job, such as your previous employers, education, professional accreditations, or work experience (collectively, “Applicant Information”), whether you send us a resume; submit a job application on our Website; or submit a job application through a third party website. Your Personal Information and Applicant Information may be used to make hiring decisions, and to comply with applicable laws. Should you be hired, relevant portions of your Personal Information will be used to create and maintain your employment records. By providing Applicant Information, you agree that we may contract the employers, organizations, schools, professional associations provided by you, to verify the accuracy of such information.
All Personal Information and Applicant Information provided by you and during the application process must be true, complete and correct to the best of your knowledge. Any misrepresentation or omission of facts may result in refusal to hire or, if hired, may result in your dismissal at any time regardless of when the false answer or omissions are discovered.
By applying for a job with us, you hereby authorize Rosa Rugosa to thoroughly investigate your background, references, employment record and other matters related to your suitability for employment. You further authorize persons, schools, my current employer (if applicable), and previous employers and organizations contacted by Rosa Rugosa to provide any relevant information regarding my current and/or previous employment and thereby release all persons, schools, employers of any and all claims for providing such information. You understand that you may be required to sign a confidentiality and/or non-competition agreement should you become an employee of Rosa Rugosa. You understand that nothing contained in your job application, or conveyed during any interview which may be granted, is intended to create an employment contract. You understand that submitting a job application does not indicate there is a position open and does not obligate Rosa Rugosa to hire you.
We protect your Personal Information using physical, electronic or procedural security measures as are appropriate and proportional to the sensitivity of the information in our custody or control, including safeguards to protect Personal Information against loss or theft, as well as unauthorized access, disclosure, copying, use, or modification. Rosa Rugosa and its employees, agents, contractors, legal, accounting or other service providers, partners, representatives and mandataries who require access to your Personal Information in order to fulfill their job requirements will have access to your Personal Information. You transmit or provide all Personal Information entirely at your own risk.
Transfer of Information
Rosa Rugosa's websites are operated on equipment located in Canada. If you are located outside Canada, please be aware that any information you provide to us will be transferred to Canada. By visiting the Website, purchasing our products or services, participating in our online community and/or providing us with your Personal Information, you consent to this transfer. Regardless of your location, we shall protect your Personal Information using physical, electronic or procedural security measures as are appropriate and proportional to the sensitivity of the information in our custody or control, including safeguards to protect Personal Information against loss or theft, as well as unauthorized access, disclosure, copying, use, or modification. Please note that the Personal Information which you provide to us will be held and used in accordance with such Canadian federal or provincial laws as exist from time to time, and as are applicable.
- by email at firstname.lastname@example.org or by mail at:
107-358 Dufferin St Toronto, ON
Attn: Privacy Officer
Effective Date: August 1st, 2022
© Rosa Rugosa