Terms and Conditions
Last updated: April 3, 2024
Welcome to https://falconessentials.ca (the “Website”). We, being Falcon & Co Essentials Inc. and/or its
associate businesses and affiliates (altogether the “Company”, “we”, “us”, or “our”) own and operate the
Website and are providing services to you, the visitor and/or user of the Website (“you”), subject to the
following conditions. If you use or visit the Website, you accept these terms and conditions (“Terms”), so please
read them carefully, as this electronic document is considered to be a legally binding and enforceable contract
between you and the Company.
These Terms are divided into THREE (3) sections, being:
1. General Terms for all Users;
2. Terms for Account Holders; and
3. Code of Conduct.
SECTION 1 – GENERAL TERMS FOR ALL USERS
“Users” include everyone who simply visits the Website and views information or otherwise uses the services
offered by the Website, whether for free or on a paid basis. Users who create an Account, as such term is
defined below, are referred to as “Account Holders”.
All Users are subject to the General Terms set forth in this Section 1 and our privacy policy (the “Privacy Policy”),
a link to which can be found at the bottom of the Website homepage.
Further, by using the Website, all Users agree to conform to the Code of Conduct set forth in Section 3.
Electronic Communications
When you visit the Website, send e-mails to us, message us, or otherwise communicate with us, you are
communicating with us electronically, and therefore you consent to receive communications from us
electronically in return. We will communicate with you by e-mail, messaging or by posting notices on the
Website. 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.
Copyright
All content included on the Website, such as video clips, video streams, text, graphics, logos, button icons,
images, audio clips, digital downloads, data compilations, and software, is the property of the Company or its
content suppliers and protected by Canadian and international copyright laws. The compilation of all content on
the Website is also the exclusive property of the Company and protected by Canadian and international
copyright laws. All software used on the Website is the property of the Company or its software suppliers and
protected by Canadian and international copyright laws.
Trademarks
“FALCON & CO ESSENTIALS”, “FALCON & CO”, and other Website graphics, logos, page headers, button icons,
scripts, and service names are trademarks, registered trademarks or trade dress of the Company in Canada, U.S.
and other countries. The Company’s trademarks and trade dress may not be used in connection with any
product or service that is not the Company’s, in any manner that is likely to cause confusion among customers,
or in any manner that disparages or discredits the Company. All other trademarks not owned by the Company
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that appear on the Website are the property of their respective owners, who may or may not be affiliated with,
connected to, or sponsored by the Company.
License and Website Access
The Company grants you a limited license to access and make personal use of the Website but not to download
(other than page caching) or modify it, or any portion of it, including with respect to any pre-recorded or live
videos accessed through the Website. This license does not include any resale or commercial use of the Website
or its contents; nor any collection and use of any product listings, descriptions, or prices; nor any derivative use
of the Website or its contents; nor any downloading or copying of Account information for the benefit of
another merchant; nor any use of data mining, robots, or similar data gathering and extraction tools. The
Website or any portion of the Website may not be reproduced, duplicated, copied, sold, resold, visited, or
otherwise exploited for any commercial purpose without express written consent of the Company. 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 the Company without express written consent. You may not use any meta-
tags or any other “hidden text” utilizing the Company’s name or trademarks without the express written consent
of the Company. Any unauthorized use terminates the permission or license granted by the Company. You are
granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Website so
long as the link does not portray the Company, or its products or services in a false, misleading, derogatory, or
otherwise offensive matter. You may not use any the Company logo or other proprietary graphic or trademark
as part of the link without express written permission.
Minors
If you are under the age of majority in the jurisdiction of your residence (“Minor”), or in other words, if you are a
minor where you live, in addition to any other acknowledgments, representations, warranties and/or covenants
made herein, by using the Website and/or any of the services offered in connection with the Website, including
the submission of any information to the Company, you acknowledge and agree that your parents and/or legal
guardians have consented to your use and submission and to these Terms on your behalf, and you acknowledge
and agree that your submission of any information to the Company and your use of the Website and any related
services is at their discretion.
Reviews, Comments, Communications, and Other Content
In some cases, Users may be permitted to submit information and other content to the Company. Users may
only do so as long as the information or other 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 or worms or any code of a destructive nature, 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 information or
other content. The Company reserves the right (but not the obligation) to remove or edit such content.
If you submit comments, communications or other content, you grant the Company a nonexclusive, royalty-free,
perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create
derivative works from, distribute, and display such information or other content throughout the world in any
media. You grant the Company and sub-licensees the right to use your name and likeness that you submit in
connection with such information or other content, if they choose. You represent and warrant that you own or
otherwise control all of the rights to the information or other content that you send or post; that the
information or other content is accurate; that use of the information or other content you supply does not
violate our policies and will not cause injury to any person or entity; and that you will indemnify the Company
for all claims resulting from information or other content you supply. The Company takes no responsibility and
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assumes no liability for any information or other content posted by you or any third party.
Guidelines For Reviews
We may provide you areas on the Website to leave reviews or ratings. When posting a review, you must comply
with the following criteria: (1) you must have firsthand experience with the person/entity being reviewed; (2)
your review(s) must not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your
review(s) must not contain discriminatory references based on religion, race, gender, national origin, age,
marital status, sexual orientation, or disability; (4) your reviews must not contain references to illegal activity; (5)
you must not be affiliated with competitors if posting negative reviews; (6) you must not make any conclusions
as to the legality of conduct; (7) you must not post any false or misleading statements; and (8) you must not
organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen
reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not
endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners.
We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By
posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid,
assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display,
perform, and/or distribute all content relating to reviews.
Copyright and Other Legal Rights Complaints
The Company respects the intellectual property and legal rights of others. If you believe that intellectual
property or other legal rights have been violated, please provide us with the following information: (i) an
electronic or physical signature of the person authorized to act on behalf of the rightsholder; (ii) a description of
the alleged rights violation; (iii) a description of where the alleged violating material is located on the Website;
(iv) your address, telephone number, and e-mail address; (v) a written statement by you that you have a good
faith belief that the disputed use is not authorized by the rightsholder, or the law; (vi) a statement by you that
the above information in your notice is accurate and that you are the actual rightsholder or authorized to act on
the copyright owner’s behalf. Notice of rights violations can be made via email to
customerservice@falconessentials.ca. We will process your complaint pursuant to the Copyright Act of Canada.
Other Businesses
The Website is powered by Gridtronics and We may provide links to websites of affiliated companies and/or
certain other businesses or websites. We are not responsible for examining or evaluating, and we do not
warrant the offerings of, any of these businesses or individuals or the content of their websites. The Company
does not assume any responsibility or liability for the actions, product, and content of all these and any other
third parties. You should carefully review their privacy statements and other conditions of use.
Products
We make every effort to display as accurately as possible the colors, features, specifications, and details of the
products available on the Website. However, we do not guarantee that the colors, features, specifications, and
details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic
display may not accurately reflect the actual colors and details of the products. All products are subject to
availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any
products at any time for any reason. Prices for all products are subject to change.
Purchases and Payments
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All payments to the Company are processed through Elavon or another similar payment service (the “Payment
Service”). As a User, if you make payments to the Company using a Payment Service or otherwise, you do so at
your own risk and you expressly agree that the Company shall not be liable for any losses you may incur using
such Payment Service. Any such losses shall be the responsibility of the Payment Service. All Users’ and Account
Holders’ use of the Payment Service is subject to the Payment Service’s terms and conditions. Further, the
Company has a strict no refund policy.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and
you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We
reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received
payment.
We reserve the right to refuse any order placed through the Website. We may, in our sole discretion, limit or
cancel quantities purchased per person, per household, or per order. These restrictions may include orders
placed by or under the same Account, the same payment method, and/or orders that use the same billing or
shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed
by dealers, resellers, or distributors. Due to inventory limitations, we may unilaterally change the type or
quantity of the products included in a given order and will adjust the applicable fees accordingly and/or issue a
refund for any removed and missing products. You waive the right to hold us liable for any such changes made
to an order.
Disclaimer of Warranties and Limitation of Liability
THE WEBSITE AND ALL PRODUCTS, SERVICES, INFORMATION, CONTENT, AND MATERIALS, INCLUDED ON THE
WEBSITE OR OTHERWISE MADE AVAILABLE TO YOU BY THE COMPANY, ARE PROVIDED BY US ON AN “AS IS” AND
“AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. THE COMPANY MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE
WEBSITE OR THE PRODUCTS, SERVICES, INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THE WEBSITE
OR OTHERWISE MADE AVAILABLE TO YOU BY THE COMPANY, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU
EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE AND ALL PRODUCTS, SERVICES, INFORMATION, CONTENT,
AND MATERIALS, INCLUDED ON THE WEBSITE OR OTHERWISE MADE AVAILABLE TO YOU BY THE COMPANY ARE
AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE WEBSITE; PRODUCTS, SERVICES,
INFORMATION, CONTENT, AND MATERIALS, INCLUDED ON THE WEBSITE OR OTHERWISE MADE AVAILABLE TO
YOU BY THE COMPANY; THEIR SERVERS; OR E-MAIL SENT FROM THE WEBSITE ARE FREE OF HARMFUL
COMPONENTS. THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE
OF THE WEBSITE OR FROM ANY PRODUCTS, SERVICES, INFORMATION, CONTENT, AND MATERIALS, INCLUDED
ON THE WEBSITE OR OTHERWISE MADE AVAILABLE TO YOU BY THE COMPANY, INCLUDING, BUT NOT LIMITED
TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT
LIMITATION THE ACCURACY OF ANY INFORMATION POSTED ON THE WEBSITE BY ANY INDIVIDUALS, OR THE
QUALITY OF SERVICES OR PRODUCTS OFFERED BY THE COMPANY, UNLESS OTHERWISE SPECIFIED IN WRITING.
Indemnification
You agree to indemnify, defend and hold harmless the Company and any of our parent, subsidiaries, affiliates,
partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns
and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third
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party due to or arising out of your breach of these Terms, Privacy Policy or any documents they incorporate by
reference, or your violation of any law or the rights of a third party.
Applicable Law
By visiting the Website, you agree that the laws of the Province of British Columbia, Canada, without regard to
principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you
and the Company.
Dispute Resolution
All disputes or questions of any sort that might arise between you and the Company will be referred to
arbitration before a single arbitrator, administered by the British Columbia International Commercial Arbitration
Centre pursuant to its Rules. The place of arbitration shall be the City of Vancouver, Province of British
Columbia.
Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination
of this agreement for all purposes. These Terms are effective unless and until terminated by either you or the
Company. You may terminate these Terms at anytime by notifying us that you no longer wish to use our
services, or when you cease using our Website.
Website Policies, Modification, and Severability
Please review any other policies that may be posted on the Website from time-to-time. We reserve the right to
make changes to the Website, policies, and these Terms at any time. If any of these conditions shall be deemed
invalid, void, or for any reason unenforceable, such condition will be deemed severable and shall not affect the
validity and enforceability of any remaining condition.
SECTION 2 – TERMS FOR ACCOUNT HOLDERS
This Section applies to all Account Holders and their Accounts.
Your Account
You must register for an account (“Account”) in order to save personal information and order products through
the Website. Upon registering as an Account Holder, you must enter a username or email address and
associated password. You may not use the username of another person, a name in violation of a third party’s
property rights, or a username that the Company deems offensive or otherwise inappropriate. The Company
owns all usernames and licenses them to you. We reserve the right to delete or alter any username at any time.
You are responsible for maintaining the confidentiality of your Account and password and for restricting access
to your computer, and you agree to accept responsibility for all activities that occur under your Account or
password.
You must provide current, complete, and accurate information for your Account. You must promptly update all
information to keep your Account current, complete, and accurate. Changes to such information can be made
on the Website. If you fail to provide us with any of the foregoing information, you agree that you are
responsible for any ensuing liabilities. Your submission of personal information through the Website is also
governed by our Privacy Policy.
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You are entirely liable for all activities conducted through your Account or otherwise. An Account Holder may
not permit another individual to use the Account Holder’s Account.
Cancellation and Termination
The Company reserves the right to terminate any Accounts arbitrarily. We also reserve the right to deny
products and/or services to Accounts and/or Users deemed as fraudulent or otherwise high-risk. We also report
at our discretion and cooperate with law enforcement in any claims of fraud or other illegal activity.
Account Holders who have had their Account terminated may not access the Website without the Company’s
prior express written permission. Account Holders may not allow a former Account Holder whose Account has
been terminated to use their Account.
Social Media
As part of the functionality of the Website, you may link your account with online accounts you have with third-
party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party
Account login information through the Website; or (2) allowing us to access your Third-Party Account, as is
permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You
represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or
grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that
govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us
subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By
granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and
store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social
Network Content”) so that it is available on and through the Website via your Account, including without
limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional
information to the extent you are notified when you link your Account with the Third-Party Account. Depending
on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party
Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on
and through your Account on the Website. Please note that if a Third-Party Account or associated service
becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider,
then Social Network Content may no longer be available on and through the Website. You will have the ability to
disable the connection between your Account on the Website and your Third-Party Accounts at any time.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR
THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE
PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited
to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You
acknowledge and agree that we may access your email address book associated with a Third-Party Account and
your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and
informing you of those contacts who have also registered to use the Website. You can deactivate the connection
between the Website and your Third-Party Account by contacting us using the contact information below or
through your Account settings (if applicable). We will attempt to delete any information stored on our servers
that was obtained through such Third-Party Account, except the username and profile picture that become
associated with your Account.
Representations and Warranties
You agree to provide the Company with accurate, complete, and current Account information. Failure to do this
shall constitute a breach of these Terms and may result in immediate termination of your Account and subject
you to civil and possible criminal liability. Unless you have prior written authorization from the Company, you
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may not register for additional Accounts after such termination.
SECTION 3 – CODE OF CONDUCT
All Users, including but not limited to Account Holders, hereby agree NOT to use the Website for any of the
following:
1. posting any incomplete, false, misleading, or inaccurate content about yourself and/or your Account;
2. if you have an Account password, allowing any other person to access a non-public area of the Website,
disclosing to or sharing such password with any third parties, or using such password for any
unauthorized purpose;
3. use meta tags or code or other devices containing any reference to the Company or the Website (or any
trademark, trade name, service mark, logo or slogan of the Company or the Website) to direct any
person to any other website for any purpose;
4. soliciting passwords or personal identifying information for commercial or unlawful purposes from other
Users;
5. transmitting any chain letters or junk email;
6. using the Website for activities that violate any law, statute, ordinance, or regulations;
7. make or promote any type of racism or hate towards anyone in specific or a group of people;
8. use the Website for any fraudulent purposes;
9. upload, post, email, otherwise transmit, or post links to any content that you do not have a right to
transmit under any law or regulation or under contractual or fiduciary relationships (such as "inside
information", or proprietary and confidential information learned or disclosed as part of employment
relationships or subject to a nondisclosure agreement);
10. upload, post, email, or otherwise transmit, or post links to any content that facilitates computer hacking;
or
11. upload, post, email, otherwise transmit, or post links to any content that infringes any patent,
trademark, service mark, trade secret, copyright or other proprietary rights of any party, or contributing
to inducing or facilitating such infringement, including making available tools that can be used for no
purpose other than for "cracking" software or other copyrighted content.
You further agree that you will not harass, annoy, intimidate, or threaten any of the Company’s employees,
affiliates or agents.
