Cookie & Privacy Policy

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

You must be at least 18 years of age to use this website. By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.

This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to Malia Indigo Corporation's use of cookies in accordance with the terms of Malia Indigo Corporation's privacy policy / cookies policy.

License to use website

Unless otherwise stated, Malia Indigo Corporation and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

 

  • Republish material from this website (including republication on another website);
  • Sell, rent or sub-license material from the website;
  • Show any material from the website in public;
  • Reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • Edit or otherwise modify any material on the website; or
  • Redistribute material from this website [except for content specifically and expressly made available for redistribution.

 

Where content is specifically made available for redistribution, it may only be redistributed with the consent of Malia Indigo Corporation.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Malia Indigo Corporation’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without Malia Indigo Corporation’s express written consent.

Restricted access

Access to certain areas of this website is restricted. Malia Indigo Corporation reserves the right to restrict access to other areas of this website, or indeed this entire website, at Malia Indigo Corporation’s discretion.

If Malia Indigo Corporation provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

Malia Indigo Corporation may disable your user ID and password in Malia Indigo Corporation sole discretion without notice or explanation.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to Malia Indigo Corporation a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Malia Indigo Corporation the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Malia Indigo Corporation or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Malia Indigo Corporation reserves the right to edit or remove any material submitted to this website, or stored on Malia Indigo Corporation servers, or hosted or published upon this website.

Notwithstanding Malia Indigo Corporation’s rights under these terms and conditions in relation to user content, Malia Indigo Corporation does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

Terms of Sale

By placing an order, you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible. 

In order to contract with Malia Indigo Corporation (www.maliaindigo.com) you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Malia Indigo Corporation (www.maliaindigo.com) retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party, which you have contracted with. This will usually be Malia Indigo Corporation (www.maliaindigo.com) or may in some cases be a third party. Where a contract is made with a third party Malia Indigo Corporation (www.maliaindigo.com) is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order, you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.

(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the services which you ordered have been dispatched to you. Only those services listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.

(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices, which appear on this Website, are accurate, errors may occur. If we discover an error in the price of any goods, which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact, you we will treat the order as cancelled. If you cancel and you have already paid for the services, you will receive a full refund. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'. Buyer shall be responsible for any tax or other governmental charge due to the sale, use or delivery of the product, including, but not limited to, GST/HST Tax. All applicable taxes and other charges will be added to the purchase price.

(c) Payment 
Upon receiving your order, we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid, as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.

Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Malia Indigo Corporation (www.maliaindigo.com) and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Malia Indigo Corporation’s (www.maliaindigo.com) liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but 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. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

Disclaimer as to ownership of trademarks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with Malia Indigo Corporation (www.maliaindigo.com) and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Malia Indigo Corporation (www.maliaindigo.com).

No warranties

This website is provided “as is” without any representations or warranties, express or implied. Malia Indigo Corporation makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Malia Indigo Corporation does not warrant that:

 

  • This website will be constantly available, or available at all; or
  • The information on this website is complete, true, accurate or non-misleading.

 

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.

Limitations of liability

Malia Indigo Corporation will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

 

  • To the extent that the website is provided free-of-charge, for any direct loss;
  • For any indirect, special or consequential loss; or
  • For any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

 

These limitations of liability apply even if Malia Indigo Corporation has been expressly advised of the potential loss.

Membership and Renewal Policy

Malia Indigo Corporation has three existing membership types: The membership and renewal guidelines are as follows:

 

  • Posting Malia Indigo Membership includes: One-month online posting service, including creation of profile, promotion of the work, visibility and access by visitors online. The service is available for 30 days after you can upgrade or purchase another month of service. Otherwise, your account will be automatically deactivated.
  • Regular Malia Indigo Membership includes: a 12-month service and this membership is automatically renewed unless you opt to cancel. Your renewal is non-refundable. You will receive an email 30 days prior to your membership expiration date.
  • VIP members are entitled to a 12-month service and this membership is automatically renewed unless you opt to cancel. Your renewal is non-refundable. You will receive an email 30 days prior to your membership expiration date.

 

Cancellation Policy

Membership Cancelation by Malia Indigo Corporation

Malia Indigo Corporation reserves the right to refuse/cancel a membership. If Malia Indigo Corporation refuses a new or renewing membership, registrants will be offered a refund.

Membership Cancellation by Participant

Membership cancellations received within 24 hours of registration may be eligible to receive a full refund.
Cancellations received after the stated deadline will not be eligible for a refund.
Cancellations will be accepted via phone, fax or e-mail, and must be received by the stated cancellation deadline.
Refund requests must include the name of the attendee and/or transaction number.
Refunds will be credited back to the original credit card used for payment.

These above policies apply to all Malia Indigo Corporation memberships unless otherwise noted in the corresponding program materials. Please read all individual program information thoroughly.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Malia Indigo Corporation liability in respect of any:

 

  • Death or personal injury caused by Malia Indigo Corporation negligence;
  • Fraud or fraudulent misrepresentation on the part of Malia Indigo Corporation; or
  • Matter which it would be illegal or unlawful for Malia Indigo Corporation to exclude or limit, or to attempt or purport to exclude or limit, its liability.

 

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, Malia Indigo Corporation has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Malia Indigo Corporation officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Malia Indigo Corporation officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Malia Indigo Corporation.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify Malia Indigo Corporation and undertake to keep Malia Indigo Corporation indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Malia Indigo Corporation to a third party in settlement of a claim or dispute on the advice of Malia Indigo Corporation’s legal advisers) incurred or suffered by Malia Indigo Corporation arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to Malia Indigo Corporation other rights under these terms and conditions, if you breach these terms and conditions in any way, Malia Indigo Corporation may take such action as Malia Indigo Corporation deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

Malia Indigo Corporation may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

Malia Indigo Corporation may transfer, sub-contract or otherwise deal with Malia Indigo Corporation rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions constitute the entire agreement between you and Malia Indigo Corporation in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with Canadian Law and any disputes relating to these terms and conditions will be subject to the [non-] exclusive jurisdiction of the courts of Canada.

Registrations and authorisations

Malia Indigo Corporation is registered under Canada Business Corporations Act (http://laws-lois.justice.gc.ca/eng/acts/C-44/)

Malia Indigo Corporation details

The full name of Malia Indigo Corporation is Malia Indigo Corporation.

Malia Indigo Corporation is registered in CANADA in conjunction with the Canadian Business Corporation Act

You can contact Malia Indigo Corporation by email to reach@maliaindigo.com

Credit

This document was created using a Contractology template available at http:/www.contractology.com

ADDITIONAL CLAUSES FOR THE REMAINDER OF THE WEBSITE

Before submitting, browsing, or attaching a file, users must agree to the following terms:

Your uploaded content (images/videos/documents) must meet Malia Indigo Corporation’s requirements.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Malia Indigo Corporation or a third party (in each case under any applicable law).

You grant to Malia Indigo Corporation a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Malia Indigo Corporation the right to sub-license these rights, and the right to bring an action for infringement of these rights.

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