Welcome to www.BIRDXCANADA.com (the BIRDXCANADA web site hereafter referred to as "BIRDXCANADA"). The services on this site are offered to you by Micwil Group of Companies Ltd. ("MICWIL"), subject to the following conditions. If you visit or shop at BIRDXCANADA, you accept these Conditions of Use and Legal Notices. Please read them carefully. BY USING BIRDXCANADA AND THE SERVICES OFFERED THROUGH IT, YOU AGREE TO BE BOUND BY THESE CONDITIONS OF USE AND ALL RELATED POLICIES, CONDITIONS, AND GUIDELINES. IF YOU DO NOT AGREE WITH ANY OF THESE CONDITIONS OF USE, YOU MAY NOT USE BIRDXCANADA.
Please review our Privacy Notice, which also governs your visit to BIRDXCANADA, to understand our practices.
When you visit BIRDXCANADA or send e-mail to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on BIRDXCANADA, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of MICWIL, and is protected by Canadian and international copyright laws. The compilation of all content on the BIRDXCANADA is the exclusive property of MICWIL and protected by Canadian and international copyright laws. All software used on BIRDXCANADA is the property of MICWIL or its software suppliers, and protected by Canadian and international copyright laws.
BIRDXCANADA, the BIRDXCANADA logo, and MICWIL, and other marks indicated on our site are trademarks or registered trademarks of MICWIL, in Canada. BIRDXCANADA graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of MICWIL or its affiliates. BIRDXCANADA trademarks and trade dress may not be used in connection with any product or service that is not directly connected to MICWIL, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits MICWIL, BIRDXCANADA, or its affiliates. All other trademarks not owned by MICWIL or its affiliates that appear on BIRDXCANADA are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by MICWIL.
Licence and Site Access
MICWIL grants you a limited licence to access and make personal use of BIRDXCANADA, and not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of MICWIL. This licence does not include any resale or commercial use of BIRDXCANADA or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of BIRDXCANADA or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data-gathering and extraction tools. BIRDXCANADA or any portion of it may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of MICWIL. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of MICWIL without express written consent. You may not use any meta tags or any other "hidden text" utilizing BIRDXCANADA name or trademarks without the express written consent of MICWIL. Any unauthorized use terminates the permission or licence granted by MICWIL. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of BIRDXCANADA, so long as the link does not portray BIRDXCANADA, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any BIRDXCANADA logo or other proprietary graphic or trademark as part of the link without express written permission.
Reviews, Comments, Communications, and Other Content
Visitors may email reviews, comments, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content.
If you do submit material, and unless we indicate otherwise, you grant MICWIL and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicencable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
MICWIL respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please advise us.
Risk of Loss
All items purchased from BIRDXCANADA are made pursuant to a shipment contract. This means that the risk of loss and title for such items passes to you upon our delivery to the carrier. For more information about options including adding insurance to your shipment, see our FAQ page.
MICWIL attempts to be as accurate as possible. However, MICWIL does not warrant that product descriptions or other content on BIRDXCANADA is accurate, complete, reliable, current, or error-free. If a product offered by MICWIL itself is not as described, your sole remedy is to return it in unused condition, under our standard return policies.
Disclaimer of Warranties and Limitation of Liability
BIRDXCANADA IS PROVIDED BY MICWIL ON AN "AS IS" AND "AS AVAILABLE" BASIS. MICWIL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MICWIL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MICWIL DOES NOT WARRANT THAT BIRDXCANADA, ITS SERVERS, OR E-MAIL SENT FROM MICWIL ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MICWIL WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF BIRDXCANADA, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting BIRDXCANADA, you agree that the laws of the province of Saskatchewan, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and MICWIL.
Any dispute relating in any way to your visit to BIRDXCANADA or to products you purchase through MICWIL shall be submitted to confidential arbitration in Saskatoon, Saskatchewan, Canada, except that, to the extent that you have in any manner violated or threatened to violate the intellectual property rights of MICWIL, MICWIL may seek injunctive or other appropriate relief in any provincial or federal court in the province of Saskatchewan, and you consent to exclusive jurisdiction and venue in such courts.
Site Policies, Modification, and Severability
Please review our policies as posted on BIRDXCANADA. These policies govern your visit to BIRDXCANADA. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. Any changes or revisions will be effective immediately upon their posting on BIRDXCANADA. Your use of BIRDXCANADA will be subject to the version of the Legal Notices and Conditions of Use posted on this site at the time of such use. Accordingly, you are advised to review the Legal Notices and Conditions of Use prior to using BIRDXCANADA. YOUR CONTINUED USE OF THIS SITE FOLLOWING THE POSTING OF ANY CHANGES OR REVISIONS WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR REVISIONS. IF YOU DO NOT AGREE TO ANY CHANGES OR REVISIONS TO THESE CONDITIONS OF USE, YOU MAY NOT USE BIRDXCANADA AND ARE TO DISCONTINUE USE
OF THE SITE IMMEDIATELY. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.