Terms Conditions – Wholesale Live Lobster Online Ordering

Welcome to East Coast Lobster

These terms and conditions outline the rules and regulations for the use of East Coast Lobster Partnership’s Website.

E-COMMERCE TERMS OF USE:

Welcome to the Internet Site of East Coast Lobster, East Coast Lobster Partnership. This Internet Site comprises various Web pages and is owned and operated by East Coast Lobster and/or East Coast Lobster Partnership or its subsidiaries and affiliates (collectively referred to herein as “East Coast Lobster”). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS INTERNET SITE since both use of this Internet Site as well as all sale of products offered on this Internet Site are subject to the legal terms and conditions outlined below (collectively, the “Terms and Conditions”).

Your use of this Internet Site in any manner, including browsing, activating an account with us or making a purchase, constitutes your acknowledgement that you have read the Terms and Conditions and that you agree to follow and be bound by them. East Coast Lobster reserves the right to modify or change the Terms and Conditions at any time without prior notice to you. Your continued use of the Wholesalelivelobster.com website signifies your acceptance of such revised Terms and Conditions; therefore, we urge you to read them carefully each time you use this Internet Site.

Please note that the guidelines, policies and other terms and conditions of use and sale at the retail stores and/or catalogue of East Coast Lobster and other East Coast Lobster affiliated or co-branded websites may vary.

Please also note that products, prices and promotions in retail locations, on the website and in our catalogues may vary.

Please also see our Privacy Policy as well as our Pricing Policy and Returns Policy.

Personal and Non-Commerical Use Limitation

You may copy electronically or print hard copies of any of the Web pages from this Internet Site provided that such copying or printing is for your personal non-commercial and lawful use, and provided that such copies clearly display the copyright, trademark and any other proprietary notices of East Coast Lobster. Except when the express written authorization of East Coast Lobster is granted, you may not copy, transmit, distribute, display, perform, reproduce, publish, transfer, frame or create derivative works of any of the Web pages and information (including any portion of them) which is obtained from this Internet Site. East Coast Lobster reserves complete title and full intellectual property rights in any material that you may copy electronically or print from this Internet Site.

Prohibited or Unlawful Use

You warrant to East Coast Lobster that you will not use this Internet Site for any purpose that is either unlawful or prohibited by the Terms and Conditions. You agree not to use this Internet Site in any manner which could cause it to be disabled, damaged, overloaded, or impaired or interfere with any other person’s use and enjoyment of this Internet Site. You may not misrepresent your identity or location as a user and you may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this Internet Site. EAST COAST LOBSTER EXPRESSLY PROHIBITS ANY UNAUTHORIZED THIRD PARTY LINKING TO Wholesalelivelobster.com, including links to the home page or any other page on the Wholesalelivelobster.com domain.

Account Name and Password

For certain activities on this Internet Site, you are required to have an account name and a password. It is solely your responsibility to keep your account information and password secure. You must not disclose your password to anyone. You agree to notify East Coast Lobster immediately of any unauthorized use of your account. EAST COAST LOBSTER DISCLAIMS ALL LIABILITY ARISING FROM OR RELATED TO YOUR FAILURE TO KEEP YOUR ACCOUNT NAME AND PASSWORD SECURE.

Proprietary Rights

“Wholesalelivelobster.com”, East Coast Lobster logos and trademarks, as well as certain other names, words, logos, slogans, images, marks, trade names, and trademarks used on this Internet Site, are the properties of their respective owners. You may not use, reproduce, copy or manipulate any such logos, trademarks, slogans, images, marks, or trade names in any manner without the prior written consent of the owner.

All content of this Internet Site, including all information, design, images, sound, photographs, video, illustrations, links to other Internet Sites, icons, graphics, headers, text, data and software (collectively, “Content”) and the presentation, arrangement, coordination, enhancement and selection of such Content are subject to intellectual property rights, including copyright, trademark, or other proprietary rights or licenses held by East Coast Lobster or a East Coast Lobster affiliate or by third parties who have licensed their rights to East Coast Lobster. All such rights are expressly reserved.

Limitation of Liability

IN NO EVENT SHALL EAST COAST LOBSTER, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, SUCCESSORS OR ASSIGNS OR OTHER REPRESENTATIVES BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE-WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, INABILITY TO USE, OR RESULTS OF USE OF, THIS INTERNET SITE OR ANY CONTENT ON THIS INTERNET SITE EVEN IF EAST COAST LOBSTER OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS INTERNET SITE AND THE CONTENT THEREON, OR THE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THIS INTERNET SITE. IF ANY PORTION OF THIS LIMITATION IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN EAST COAST LOBSTER TOTAL LIABILITY TO YOU SHALL IN NO EVENT EXCEED ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, IN WHICH CASE THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification

You shall indemnify and save harmless East Coast Lobster, its officers, directors, employees, affiliates, partners, service providers, consultants, representatives and agents from and against any claim, cause of action or demand, including, but not limited to, reasonable legal, accounting and other professional fees brought as a result of your use of this Internet Site ONLINE SHOPPING In order to purchase through this Internet Site you must be the age of majority in your province/territory of residence and you must agree to pay for all charges noted on this Internet Site as payable by you. All prices listed on this Internet Site are in Canadian dollars and all charges will be processed in Canadian dollars. Furthermore, any product ordered or purchased from this Internet Site may only be ordered or purchased for non-commercial and lawful purposes and any other use is not permitted. East Coast Lobster reserves the right to limit the quantities of certain products which you can purchase through the facilities of this Internet Site. In addition to any other rights or remedies, East Coast Lobster may, in its sole discretion and without any limitation of liability, restrict or terminate your access to any part of this Internet Site at anytime.

Errors, Inaccuracies or Omissions

East Coast Lobster makes every effort to ensure that the Content on this Internet Site is complete and current. However, East Coast Lobster does not guarantee that the information contained on this Internet Site will not contain errors, inaccuracies or omissions. Such errors, inaccuracies or omissions may relate to price or to product description or availability. East Coast Lobster reserves the right to correct any error, inaccuracy or omission or to change or update the Content without prior notice to you. Further, East Coast Lobster reserves the right to refuse or cancel any orders containing any error, inaccuracy or omission, whether or not the order has been submitted, confirmed and/or your credit card has been charged. If your credit card has been charged for the purchase and your order is cancelled, East Coast Lobster shall promptly issue a credit to your credit card. If you are otherwise unsatisfied with your purchase, you may return it to East Coast Lobster. Please also see our Returns Policy.

Prices

Please note that all prices listed on this Internet Site are for online purchases only and may not be matched at any East Coast Lobster retail location. Similarly, all prices at any East Coast Lobster retail location may not be matched for online purchases on this Internet Site. Furthermore, East Coast Lobster charges sales tax for products ordered on this Internet Site based on the applicable combined federal and provincial sales tax rate of the location to which the order is being shipped.

Display

Please note that although East Coast Lobster attempts to display the colours and appearance of the product shown on this Internet Site as accurately as possible, we cannot guarantee that the colour or appearance you see matches the product colour or actual appearance of the product, as the display of the product depends, in part, upon the type of computer monitor used by you.

Delivery

If shipping or delivery services are made available by East Coast Lobster, East Coast Lobster will endeavour to ship or deliver any ordered product as quickly as possible and within any time periods indicated. However, you acknowledge and agree that East Coast Lobster will not be held responsible for any delays in shipping or delivery. Where delivery is delayed, East Coast Lobster will notify you as soon as possible. East Coast Lobster will not refund the product if FedEx delivery or other courier’s delivery time is delayed due to weather or unexpected surge of parcel backup beyond the courier’s normal capacity. FedEx delivery or other courier companies is beyond our control. East Coast Lobster will not be held responsible once the packed product “perishables” have left our facilities. If your delivery is more then two days of the time it’s shipped you must not except the product and refuse it. FedEx will then destroy the product because it will be spoiled and not fit for consumption. East Coast Lobster has entered into an agreement with FedEx with a waiver to make any claims for perishables. Under this agreement with FedEx by East Coast Lobster signing this waiver we are unable to make any claims on the value of the product “perishables” their for making the purchase none refundable once it has left the East Coast Lobster packing facility or cold chain facility. East Coast Lobster will not deliver products to addresses located outside of Canada and the United States of America. Please also see our Shipping Policy.

Links to Other Internet Sites are Not Endorsement

This Internet Site may contain links to other Internet Sites which are provided to you for your convenience. Please note that the provision of any links to other Internet Sites does not constitute an endorsement by East Coast Lobster of such linked Internet Sites. All such other Internet Sites are wholly independent from this Internet Site and from East Coast Lobster and East Coast Lobster has no control or power over such other Internet Sites including their content. If you visit any of the linked Internet Sites, we urge you to review their respective terms and conditions of use as well as their policies on privacy and security.

Entire Agreement

These Terms and Conditions, together with the Pricing Policy, Returns Policy as well as the Privacy sections of this Internet Site, constitute the entire agreement between East Coast Lobster and you regarding the subject matter of this agreement, and supersede all prior or contemporaneous communications, whether electronic, oral or written between East Coast Lobster and you with respect to such subject matter. In the event of a conflict between these Terms and Conditions and the Pricing Policy or Returns Policy, these Terms and Conditions shall prevail.

Severability

These Terms and Conditions shall be deemed severable. In the event that any provision of the Terms and Conditions is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

Governing Law

The Terms and Conditions as well as the use of this Internet Site, including any order or purchase made through this Internet Site shall be governed by the laws of the province of Nova Scotia, New Brunswick, Ontario and the laws of Canada applicable therein. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

E-COMMERCE TERMS OF SALE:

In addition to the Terms of Use which govern your use of this site (the “Site”), these Terms of Sale govern any order or purchase you (the individual completing this order, “you”) make on the Site operated by East Coast Lobster (also operating and referred to herein and on the Site as “East Coast Lobster” or “Wholesalelivelobster.com”) is the supplier for your order. By proceeding to place an order and accepting these Terms of Sale, you agree to be bound by these Terms of Sale whether or not you have read them. If you do not agree to these Terms of Sale, do not proceed with your order. Please print and retain a copy of these Terms of Sale for your records.

This Site is only available for use by Canadian and United States of America residents having a Canadian or American mailing address and only ships products to addresses in Canada and the United States of America.

1. Ordering Process

All advertisements on the Site are invitations to purchase and not offers to sell. East Coast Lobster reserves the right, at its sole discretion, to accept or reject the order once you have completed and placed your order.

You will receive online confirmation that your order has been received by East Coast Lobster after you place your order on the Site. This online confirmation that your order has been received by East Coast Lobster does not constitute acceptance of your order. Rather, the confirmation of acceptance of your order will be delivered via an automatic e-mail to the e-mail address associated with your account.

In some instances, you may have the opportunity to pre-order products on the Site before they are available for sale. When you place a pre-order, your credit card will be authorized, but it will not be charged until the item is shipped to you. If East Coast Lobster changes its price between the time of any pre-order and when your item ships, you will be charged the lower of the two prices. Taxes and shipping will apply as of the date of shipping. Delivery will occur after the release date, which may be set by a third party distributor, and is subject to change. Quantities of items available on pre-order may be limited.

2. Rejection or Cancellation of Orders

There may be certain orders that East Coast Lobster must reject before acceptance or cancel after acceptance. East Coast Lobster reserves the right at any time after receipt of your order to accept or reject your order for any reason and East Coast Lobster will contact you at the e-mail address provided in the order form of its decision to accept or reject your order. In the event that East Coast Lobster rejects the order, East Coast Lobster will have no obligation to fulfill your order and you will have no obligation to pay East Coast Lobster for the order. East Coast Lobster also reserves the right, at its sole discretion, to cancel any order after acceptance for any reason. Some situations that may result in your order being rejected or cancelled include:

Limitations on quantities available for purchase;
Inaccuracies or errors in product or pricing information;
A product recall on the item that you have purchased; or
Problems identified by East Coast Lobster accounting and/or finance department.

East Coast Lobster may also require additional verifications or information before accepting any order. East Coast Lobster will contact you if all or any portion of your order is rejected after your order has been placed but before it is accepted by East Coast Lobster or if additional information is required to accept your order.

3. Availability and Description of Products

The purchase of products on the Site is subject to availability. In the event that East Coast Lobster advises you that any products are no longer available, East Coast Lobster will have no obligation to fulfill your order and you will have no obligation to pay East Coast Lobster for the order.

Product descriptions, representations, warranties, guarantees and performance claims are provided by East Coast Lobster and are subject to change at anytime. The accuracy of such representations is the sole responsibility East Coast Lobster. While the Site attempts to be accurate in its product descriptions, East Coast Lobster does not represent or warrant that product descriptions or other Content on this Site is accurate, complete, reliable, current, or error-free. If you find that a product you purchase is not as described, your sole remedy is to return it in accordance with East Coast Lobster Return Policy

4. Price

By confirming your purchase at the end of the check out process, you agree to pay East Coast Lobster the amount set out as the ORDER TOTAL in the Confirm Order and Shipping Address section of the checkout process, subject to adjustment as described herein (the “Purchase Price”). The ORDER TOTAL is quoted in Canadian dollars and does not include shipping and handling fees, any applicable environmental or other additional fees, and an estimate of all applicable taxes. The Purchase Price will be charged in Canadian dollars to your selected credit card by East Coast Lobster in one or more charges as each product is shipped. Please note that actual sales taxes are calculated on items as they ship, and therefore, due to mathematical rounding, there may be a slight adjustment to actual sales taxes owed and included in the Purchase Price from those estimated in your Order Total.

In the event that an item is listed on the Site at an incorrect price due to an error in pricing, East Coast Lobster will have the right, at East Coast Lobster sole discretion, to reject or cancel any orders placed for that item. In the event that an item is mispriced, East Coast Lobster may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

For your convenience, the Site lists some products that are carried in its retail stores, however, please note that products and prices available for online purchase on the Site may not be the same as those available at East Coast Lobster retail stores. Store pricing and offers will sometimes differ from online prices and offers. Unless otherwise stated, all Was/Is pricing or other offers available on the Site refer to prices offered nationally on the Site only. East Coast Lobster retail stores do not honour prices offered on the Site. Ad Match does not apply to online prices advertised on the Site and is not applicable to orders placed on the Site.

5. Quantity Limits and Dealer Sales

East Coast Lobster reserves the right, at its sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to you should such limits be applied. East Coast Lobster also reserves the right, at its sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms of Sale, reselling is defined as purchasing or intending to purchase any product(s) from the Site for the purpose of engaging in a commercial sale of that same product(s) to a third party.

6. Method of Payment

You may pay for your purchase using VISA, MasterCard or American Express and you authorize East Coast Lobster to charge the applicable card for the Purchase Price and you represent and warrant that you are the cardholder of the applicable card. If your card is rejected by the card issuer, your order will not be shipped and East Coast Lobster will have no obligation to fulfill your order.

All billing and registration information provided by you to East Coast Lobster must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms of Sale.

7. Shipment

Your order will be shipped by one of East Coast Lobster third party carriers. The exact carrier delivering your item(s) will be identified in the shipping confirmation email you will receive once your order has shipped.

East Coast Lobster is not responsible for any loss of the products following shipment from East Coast Lobster or its agents’ or mandatories’ facilities to your delivery address.

For home shipping, the products you purchased may be shipped to you separately. If your products are shipped separately, the Purchase Price for your items, which includes the shipping fees, will be charged to your selected credit card by East Coast Lobster in one or more charges, as products are shipped.

8. Cancellation, Returns, Refunds, and Exchanges

You may have certain statutory rights to cancel your order under applicable provincial consumer protection laws and East Coast Lobster will respect all such applicable laws.

In addition to these statutory rights, returns of product purchased on the Site are governed by East Coast Lobster Return Policy. Please review the Return Policy and print and retain a copy for your records.

East Coast Lobster will not exchange orders made online. Rather, customers who want to exchange an item purchased on the Site will have to return their purchase in accordance with East Coast Lobster Return Policy and then place a new order for the item they want. East Coast Lobster will not refund the product if FedEx delivery or other courier’s delivery time is delayed due to weather or unexpected surge of parcel backup beyond the courier’s normal capacity. FedEx delivery or other courier companies is beyond our control. East Coast Lobster will not be held responsible once the packed product “perishables” have left our facilities. If your delivery is more then two days of the time it’s shipped you must not except the product and refuse it. FedEx will then destroy the product because it will be spoiled and not fit for consumption. East Coast Lobster has entered into an agreement with FedEx with a waiver to make any claims for perishables. Under this agreement with FedEx by East Coast Lobster signing this waiver we are unable to make any claims on the value of the product “perishables” their for making the purchase none refundable once it has left the East Coast Lobster packing facility or cold chain facility.

9. Passwords

You are responsible for the security of your account and password. East Coast Lobster shall not be liable for any damages and expenses arising out of or relating to any unauthorized use of such account or password.

10. Privacy

East Coast Lobster personal information practices on the Site, including the collection, use and/or disclosure of your personal information and/or financial information, are governed by East Coast Lobster privacy policy. Please review this privacy policy and print a copy for your records.

11. Changes to the Terms of Sale

The Terms of Sale applicable to your order are the Terms of Sale in effect on the date that you place your order, as made available to you when you complete the check out process. East Coast Lobster may modify its Terms of Sale from time to time in accordance with applicable laws. Any such modification will apply to any order placed after the effective date of the modification. Therefore, each time you place an order with East Coast Lobster you represent that you have accessed, read and accepted the Terms of Sale applicable to and governing that order.

12. Environmental Fees

Certain products sold by East Coast Lobster may be subject to environmental handling, recycling, or disposal fees. These fees vary by product and by province. The fees are collected and remitted by East Coast Lobster to environmental management programs implemented in various provinces, and are used to cover costs of recycling, collection, handling, transportation and disposal of products. For more information on individual programs, please visit the website of the environmental management program(s) or government agencies in your area.

13. Order History

The Site will generally display a customer’s order history for the preceding three (3) month period. The Site will allow a customer to select a different option for length of time his/her order history is displayed. The maximum amount of time, however, that an order history will be displayed for is two (2) years.

14. Disclaimers of Warranties

To the maximum extent permitted by applicable laws, East Coast Lobster disclaims all warranties and conditions of any kind, whether legal, express or implied (including warranties and conditions of merchantable quality, merchantability, quality or fitness for a particular purpose and non-infringement), relating to this Site or any content, information or goods accessed, offered, purchased or sold through this Site or their use, suitability or availability or any transaction conducted on this Site, whether arising from statute, course of dealing, usage of trade or otherwise. East Coast Lobster makes no representations or warranties and provides no conditions in connection with this Site or any content, information or goods accessed or offered through this Site or their use.

Some jurisdictions do not allow the limitation on implied warranties and conditions. If these laws apply to you, some or all of the above disclaimers may not apply to you.

15. Limitations of Liability

In no event shall East Coast Lobster be liable for any direct, indirect, incidental, special, exemplary, punitive or consequential damages of any nature (including loss of use, loss of data, loss of profit and loss of savings) to you including for damages arising in connection with or relating in any manner whatsoever to: (A) this Site; (B) any content, information or goods accessed, offered, purchased or sold through this Site or their use, suitability or availability (including the inability to use); (C) any transaction conducted on this Site; and (D) any unauthorized access to or alteration of your data.

If the above exclusion or any portion thereof is found to be invalid or unenforceable for any reason, then the aggregate liability of East Coast Lobster for damages of any nature suffered by you shall in no event exceed the Purchase Price of your transaction.

The above exclusion and limitation of liability shall apply whether or not a claim is in contract, tort (including negligence and product liability), strict liability, restitution, breach of statute or any other theory of law and even if East Coast Lobster had been advised or had reasons to know of the possibility of such damages.

In this Section 15, reference to “East Coast Lobster” means East Coast Lobster Partnership and its affiliates and their respective officers, directors, employees, contractors, mandataries and agents.

Certain jurisdictions do not allow the exclusions of damages as provided above. If these laws apply to you, some of the exclusions referred to above may not apply to you. This Section 15 shall apply to you to the maximum extent permitted by applicable laws.

16. Export

You acknowledge that the goods sold on the Site, which may include perishable and non-perishable goods, may be subject to applicable customs and export control laws and regulations. By purchasing goods from the Site, you agree to abide by all such applicable laws and regulations.

17. Applicable Law

These Terms of Sale will be governed by the laws of the province of New Brunswick, Nova Scotia and the laws of Canada applicable therein. The exclusive jurisdiction for any claim, action or dispute with East Coast Lobster or relating in any way to your use of the Site or a purchase made on the Site will be in the courts of the province of New Brunswick or Nova Scotia.

18. General

These Terms of Sale together with the details of your order and the Terms of Use which govern your use of the Site constitute the entire agreement between you and East Coast Lobster with respect to any purchase made by you on the Site and supersede all previous agreements, understandings and representations relating thereto. If any provision of these Terms of Sale is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of these Terms of Sale shall remain in full force and effect. The delay or failure of East Coast Lobster to act with respect to a breach of these Terms of Sale by you or others does not constitute a waiver and shall not limit East Coast Lobster rights with respect to such breach or any subsequent breaches. East Coast Lobster shall not be liable for any delay or failure to perform any of its obligations under these Terms of Sale if such delay or failure is due to causes beyond its control including, without limitation, weather-related and other uncontrollable shipping delays. You may not assign these Terms of Sale to any third party without the prior written consent of East Coast Lobster. These Terms of Sale will be binding upon and will enure to the benefit of: (i) you and your heir, executor, administrator and other legal representatives; and (ii) East Coast Lobster and its successors and assigns. In the event of an inconsistency between the Terms of Use and these Terms of Sale, the wording in these Terms of Sale shall prevail. It is the express wish of the parties that these Terms of Sale and all related documents be drawn up in English.