Thank you for visiting www.tojaliving.com (the “Toja website” or “tojaliving.com"). Toja, provides website features and other services to you when you visit or shop at Toja in connection with tojaliving.com. tojaliving.com provides the tojaliving.com Services subject to the following conditions. Your use of this website is governed by these conditions of use. Please read through them carefully. Your use of the tojaliving.com Services constitutes your agreement to follow these rules and to be bound by them.
Toja reserves the right to update or modify these terms and conditions at any time without prior notice. For this reason, we encourage you to review these terms and conditions each time you use this website.
Privacy
Please review this Privacy Policy, which also governs your use of the tojaliving.com Services, to understand Toja’s practices.
Electronic Communications
When you use tojaliving.com Services or send an email to Toja, you are communicating with Toja electronically and therefore consent to receiving communications from Toja electronically. Toja will communicate with you by email or by posting notices on the Toja website, or through other tojaliving.com Services. You agree that all agreements, notices, disclosures, and other communications that Toja provides to you electronically satisfy any legal requirement that such communications be in writing.
Copyright
All content in or made available through tojaliving.com Services - such as text, design, graphics, logos, photographs and images, button icons, audio clips and digital downloads - is the property of tojaliving.com or its content suppliers, and is protected by Canadian and international copyright laws. The compilation of all content included in or made available through tojaliving.com Service is the exclusive property of tojaliving.com and is protected by Canadian and international copyright laws.
Trademarks
Graphics, logos, page headers, button icons, scripts, and product or service names included in or made available through tojaliving.com are trademarks or trade dress of Toja. Toja’s trademarks and trade dress may not be used in connection with any product or service that is not Toja’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Toja. All other trademarks not owned by Toja that appear in the tojaliving.com Services are the property of their respective owners, who may or may not be connected to, or sponsored by Toja.
License & Access
Subject to your compliance with these Conditions of Use and your payment of any applicable fees, tojaliving.com or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of tojaliving.com Services. This license does not include any resale or commercial use of tojaliving.com Services or their contents; any collection and use of any product listings, descriptions, or prices; any derivative use of tojaliving.com Services or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data-gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use are reserved and retained by Toja or its licensors, suppliers, publishers, rightsholders, or other content providers. Either tojaliving.com Services, or any part of tojaliving.com Services, may NOT be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Toja. 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 tojaliving.com without express written consent. You may not use any meta tags or any other “hidden text” utilizing Toja’s name or trademarks without the express written consent of Toja. You may not misuse tojaliving.com Services. You may use tojaliving.com Services only as permitted by law. The licenses granted by Toja will terminate if you do not comply with these Conditions of Use.
Your Account
If you use tojaliving.com Services, 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. If you are under the age of majority in your state or province of residence, you may use the tojaliving.com Services only with the involvement of a parent or guardian. Toja reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion.
Communications & Other Content
Visitors may submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any content.
If you do submit material, and unless Toja indicates otherwise, you grant Toja nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, produce, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, communicate to the public by telecommunications and display such content throughout the world in any media. You grant Toja the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Toja for all claims resulting from content you supply.
Risk of Loss
Risk of loss and title for items purchased from Toja pass to you upon delivery to the carrier.
Returns, Refunds, Exchanges & Title
Toja does not take title to returned items until the item arrives at Toja’s Distribution Centre. At Toja’s discretion, a refund may be issued without requiring a return. In this situation, tojaliving.com does not take title to the refunded item. For more information about returns and refunds, please see Toja’s Return & Exchanges Policy.
Product Availability
Toja reserves the right without prior notice to discontinue or change specifications on products and services offered on this website without incurring any obligations.
Product Descriptions
tojaliving.com attempts to be as accurate as possible. However, Toja does not warrant that product descriptions or other content of tojaliving.com is always without error, accurate, complete, reliable or current. If a product offered by Toja is not as described, your sole remedy is to return it in an unused condition, but we ask you contact our customer service department first.
Product Colours
tojaliving.com does its best to display product colours shown on this website as accurately as possible. However, because the colours you see depend on your monitor, Toja cannot guarantee that your monitor’s display of any colour is accurate. Toja will not be held responsible for any discrepancies between the colour displayed for any given product on tojaliving.com and the actual perceived colour for this product itself.
Product Pricing
Toja reserves the right to modify retail prices at any time and without prior notice. All prices indicated exclude taxes, delivery (where applicable) and assembly. With respect to items sold by tojaliving.com, Toja cannot confirm the price of an item until you order. Despite Toja’s best efforts, a small number of the items in print by Toja may be mispriced. If an item’s correct price is higher or lower than the tojaliving.com stated price, Toja will, at its discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Disclaimer of Warranties & Limitations of Liability
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUÉBEC'S CONSUMER PROTECTION ACT, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. TOJA’S WEBSITE’S AND ALL INFORMATION, CONTENT, MATERIALS, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH TOJALIVING.COM ARE PROVIDED BY TOJA ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. TOJA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE TOJALIVING.COM WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH TOJALIVING.COM, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE TOJALIVING.COM WEBSITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TOJA DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. TOJA DOES NOT WARRANT THAT THE TOJALIVING.COM WEBSITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE TOJA WEBSITE; ITS SERVERS, ELECTRONIC COMMUNICATIONS, OR E-MAIL SENT FROM TOJALIVING.COM SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TOJALIVING.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF TOJALIVING.COM SERVICES OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH TOJALIVING.COM SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Applicable Law & Disputes
(Not applicable to Québec consumers) Any dispute or claim relating in any way to your use of tojaliving.com Services, or to any products or services sold or distributed by Toja or through tojaliving.com Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
Toja and you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration Toja and you each waive any right to a jury trial. Toja and you also both agree that you or Toja may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Site Policies, Modification, and Severability
Toja reserves the right to make changes to the Toja website, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
TOJA ADDRESS
Toja
1215-A North Service Rd. W
Oakville, ON
L6M 2W2
Canada