Terms of Use

1. Acceptance of Terms and Conditions Of Use

PLEASE READ THESE WEBSITE TERMS AND CONDITIONS OF USE (“SITE TERMS”) CAREFULLY BEFORE USING THIS WEBSITE. BY USING OUR WEBSITE, YOU INDICATE THAT YOU UNDERSTAND, ACCEPT, AND AGREE TO BE BOUND AND TO COMPLY WITH THESE SITE TERMS AND OUR PRIVACY POLICY, INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE SITE TERMS OR THE PRIVACY POLICY, PLEASE DO NOT ACCESS OR USE OUR WEBSITE. 

These Site Terms for  www.epulahouse.ca constitute a legal agreement and are entered into by and between you and House of Epula™. The following terms and conditions of use, together with any documents and/or additional terms they expressly incorporate by reference (collectively, these “Site Terms”), govern your access to and use of, including any Content (as defined herein) and functionality offered on or through  www.epulahouse.ca (our “Website”). 

2. Modifications to the Site Terms and to our Website 

Our Site Terms become effective from the date stated at the top of this webpage. We reserve the right in our sole discretion to revise and update these Site Terms from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of our Website. You agree to periodically review these Site Terms in order to be aware of any such modifications and your continued use shall be your acceptance of these. 

The Content and materials on our Website may be modified, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of our Website is restricted to certain guests or unavailable at any time or for any period.

3. Our Website Content and Materials

House of Epula controls and operates this Site from Canada. We make no representation that the Content and materials on our Website are appropriate or available for use in other locations.  Access to our Website from regions where our Content may be deemed illegal is prohibited. Those who choose to access our Website from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

4. Privacy Policy

Your privacy is of utmost importance to us and we are committed to protecting it in accordance with applicable laws. We invite you to refer to our Privacy Policy for information on how we collect, use and disclose personally identifiable information from guests of our Website. 

5. Your Use of Our Website and Security

A. Use of our website 

Use of our Website is void when in breach with these Site Terms. Guests are responsible for obtaining their own access to our Website. Guests are required to ensure that all persons who access our Website through a guest’s internet connection are aware of these Site Terms and comply with them. Use of our Website is void where prohibited.

Subject to the above paragraph and the other terms and conditions of these Site Terms, you may use our Website and the written descriptions, stories and other original texts, artwork, designs, graphics, photographs, sound files, video files which it contains, as well as any material made available for download on our Website (collectively, the “Content”) provided on our Website only as expressly provided in these Site Terms or as stated on our Website. All rights, titles, and interest in and to the Content is the property of House of Epula or another party that has licensed their material to us. We reserve the right to terminate this license at any time for any reason or no reason.

B. Authorized uses 

House of Epula grants you permission to access and use our website in accordance with our Intellectual Property (“IP”) Policy. We invite you to refer to this policy for information on the scope of use that we have authorized. 

C. Unauthorized uses

You can only use our Website for lawful purposes and as expressly provided in these Site Terms. You cannot use our Website:

• In any way that violates any applicable federal, state, provincial, local or international law or regulation.
• In any manner that interferes with the services we provide via our Website nor may you attempt to access the Website in any other manner than those that we purposely provide to you or are otherwise permitted by law. This includes but is not limited to imposing an unreasonably large load on our Website’s infrastructure or any other attempts to interfere with the intended working of our Website as well as the experience of other guests.
• in any way which is abusive, defamatory or obscene, which will harass, distress or inconvenience anyone, or which might restrict or inhibit the use and enjoyment of the Website by anyone
• Unless you are specifically authorized by House of Epula, you are not permitted to resell or otherwise use any of our Offerings you purchase for commercial purposes. 

D. Security of our website

You are prohibited from attempting to circumvent and from violating the security of our Website, including, without limitation:

• accessing Content and data that is not intended for you; 
• attempting to breach or breaching the security and/or authentication measures which are not authorized; 
• restricting, disrupting or disabling service to guests, hosts, servers, or networks;  
• to send, or procure the sending of, spam – that is any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation;
• to disseminate advertisements or for any other commercial purposes (which would include using our Website to promote or encourage the sale of your goods/services)
• illicitly reproducing TCP/IP packet header; 
• disrupting network services and otherwise disrupting our ability to monitor our Website; 
• using any robot, spider, or other automatic device, process, or means to access our Website for any purpose, including monitoring or copying any of the material on our Website; 
• introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; 
• attacking our Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and 
• otherwise attempting to interfere with the proper working of our Website.
• In any way that might bring us, any of our clients, farming partners, and service partners, into disrepute.

If you use or attempt to use our Website or the Content in any way not expressly provided in these Site Terms, your right to use our Website will terminate automatically and you must immediately destroy any copies you have made of any portion of the Content.

Any unauthorized use of the Content may violate copyright laws, privacy laws, trademark laws, and other applicable laws and could result in criminal or civil penalties. Please refer to “ Intellectual Property Rights and Ownership” below for further information. 

6. Intellectual Property Rights and Ownership

House of Epula holds the highest regard for intellectual property rights. Our website, and other mediums controlled by us, uses intellectual property (“IP”) that we own, or license, or that is otherwise subject to proprietary rights. Please refer to our IP Terms for information on our scope of IP and your scope of use. 

7. Site Monitoring and Enforcement, Suspension, and Termination

We have the right, without provision of notice to:

• Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of our Website. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.
• Terminate or suspend your access to all or part of our Website for any or no reason, including, without limitation, any violation of these Site Terms.

YOU WAIVE AND HOLD HARMLESS HOUSE OF EPULA AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, FARMING PARTNERS, SERVICE PARTNERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY HOUSE OF EPULA AND ANY OF THE FOREGOING PARTIES RELATING TO ANY, INVESTIGATIONS BY EITHER HOUSE OF EPULA OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.

8. Reliance on Content 

The Content and materials on our Website are provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the Content and materials on our Website.

We make all reasonable efforts to ensure the reliability of the Content on our Website. However, as the international domain and sectors we operate in are complex and dynamic, we make no representations, warranties, or guarantees, whether express or implied, that the Content on our Website is accurate, complete, or up to date. House of Epula bears no responsibility or liability for any loss or damage arising from the use of our Website

Our Website may include content provided by third parties, including, without limitation, from third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by House of Epula, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of the House of Epula. We have no responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials. 

We do not represent or warrant that our Website is free of all viruses or other harmful components. You should therefore exercise caution in your use of the Website and use up to date, industry recognised software to detect and destroy any viruses or similar destructive devices. You agree that you access and use our Website at your own risk and that you will be solely responsible for your use and any damage to any computer system, loss of data or other harm that may result.

9. Third-Party Websites 

For your convenience, our Website may provide links or pointers to third-party sites. We make no representations about any other websites that may be accessed from our Website. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites. 

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. 

Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the homepage. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with these Site Terms. You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop. 

10. Reviews and Comments 

Any comments or materials you send to House of Epula (via any medium including e-mail, text message, or phone) including reviews, questions, ideas, comments, or the like regarding our Website or our Offerings (collectively “Feedback”), shall be deemed to be non-confidential and shall become the sole property of House of Epula. 

By submitting such Feedback, you hereby grant House of Epula a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license for it, and House of Epula shall have no obligation of any kind with respect to such Feedback.  

House of Epula may use your Feedback for a variety of purposes, including for purposes of clarity and not limitation, inclusion on our Website, in promotional activities and may include your name as well as your Feedback (or excerpted portions thereof).

Without limiting the foregoing, House of Epula shall be free to reproduce, use, disclose, exhibit, reference, display, adapt, make publicly available, and distribute the Feedback to others without limitation, without compensation to you. Further, you expressly waive any moral rights you may have in such Feedback. 

You acknowledge and agree that you are solely responsible for all Feedback that you make available. Accordingly, you represent and warrant that: (i) you are either the sole and exclusive owner of all Feedback or you have all rights, licenses, permissions, consents and releases that are necessary to grant to House of Epula the rights in such Feedback, as contemplated herein; and (ii) neither the Feedback nor your posting, uploading, publication, submission or transmittal of the Feedback or House of Epula use of the Feedback (or any portion thereof) will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. 

11. Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT YOUR USE OF OUR WEBSITE, ITS CONTENT, AND ANY MATERIALS OR ITEMS FOUND OR ATTAINED THROUGH OUR WEBSITE IS AT YOUR OWN RISK. OUR WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH OUR WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

WITHOUT LIMITING THE FOREGOING, NEITHER HOUSE OF EPULA NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, FARMING PARTNERS, SERVICE PARTNERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS: 

• MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF OUR WEBSITE OR ITS CONTENTS. 
• REPRESENT OR WARRANT THAT OUR WEBSITE, ITS CONTENT, OR ANY MATERIALS OR ITEMS FOUND OR ATTAINED THROUGH OUR WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF OUR WEBSITE AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR WEBSITE OR ANY CONTENT OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

12. Limitation on Liability

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL HOUSE OF EPULA NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, FARMING PARTNERS, SERVICE PARTNERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT, BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, OUR WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON.

13. Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless House of Epula and its respective directors, officers, employees, agents, farming partners, service partners, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your breach of these Site Terms or your use of our Website, including, but not limited to, third-party sites, any use of our Website’s Content, materials, and Offerings other than as expressly authorized in these Site Terms.

14. Governing Law and Choice of Forum

Our Website and these Site Terms will be governed by and construed in accordance with the laws of British Columbia and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of British Columbia or any other jurisdiction) and notwithstanding your domicile, residence, or physical location.  

Any action or proceeding arising out of or relating to our Website and under these Site Terms will be instituted in the courts of British Columbia and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts. 

15. Waiver 

No failure by House of Epula to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Site Terms operates, or may be construed, as a waiver thereof; and no single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

No action of House of Epula, other than an express written waiver, may be construed as a waiver of any part of this agreement, and no employee of House of Epula is authorized to waive it orally.

16. Severability

If any term or provision of these Terms and Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Site Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.

17. Entire Agreement

These Site Terms and our Privacy Policy constitute the sole and entire agreement between you and House of Epula  regarding our Website and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter. 

18. Reporting

Should you become aware of misuse of our Website including libellous or defamatory conduct, please inform us as soon as possible at [email protected].