Terms & Conditions

Welcome to the official website (the “Website”) of The Dufresne Group and its subsidiaries (“Tenth+Maple”). Please read these terms and conditions (this “Agreement”) carefully as they govern your access and use of the Website and any products or services available via the Website. Please note that your use of the Website constitutes your agreement to follow and be bound by the terms of this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink.

If you do not agree to this Agreement, then you may not access the Website. Tenth+Maple may revise this Agreement at any time, at its sole discretion, by posting an amended Agreement on the Website. Any changes that Tenth+Maple makes to this Agreement will be effective immediately upon posting. It is your responsibility to check the Website periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes.

1. Ownership. The Website and all of its information and contents, such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, graphics, software and the HTML used to generate the pages (collectively, "Materials and Content"), is the property of The Dufresne Group and its suppliers and licensors and is protected under applicable patent, copyright and/or trademark law. The names and logos identifying the Website and Tenth+Maple and its products and services are either trademarks of The Dufresne Group or trademarks which The Dufresne Group is licensed to use.  
2. Permitted and Prohibited Uses. This Website may be used only for lawful purposes and is available only for your personal, non-commercial use, which shall be limited to viewing the Website, purchasing products and services from the Website, providing information to the Website, and printing pages containing product and information for your personal review, provided that you do not modify any of the pages and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. You may not use the Website if you live in a jurisdiction where access to or use of the Website may be illegal or prohibited by applicable law. You agree that any other use of the Material and Content is strictly prohibited and you agree that you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, commercially exploit or create derivative works of or distribute any Materials and Content from this Website in whole or in part, for any purpose without the specific prior written permission of The Dufresne Group or as allowed herein.
3. Termination. The Dufresne Group shall be entitled to terminate your permission to use the Website and/or shall be entitled to terminate the operation of the Website at any time, without notice or compensation to you.
4. Your Conduct. You warrant and undertake that in your use of the Website you shall:
   1. Use the Website only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use of the Website by, any third party;
   2. Not engage in any conduct which is unlawful, or which may harass or cause distress or inconvenience to any person or which may promote an illegal activity, racism, bigotry, hatred or physical harm of any kind against any group or individual;
   3. Not infringe or violate The Dufresne Group's intellectual property rights or the intellectual property rights of others;
   4. Not engage in any conduct which is fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, scandalous, offensive to public morals, or other conduct which The Dufresne Group finds, in its sole discretion, to be objectionable;
   5. Not transmit or distribute any material or information which contravenes any applicable law or any person's legal rights;
   6. Not post any information which is incomplete, false, inaccurate or not your own;
   7. Not interfere in any way with the Website's or The Dufresne Group's networks or network security, or attempt to use the Website's service to gain unauthorized access to any other computer system;
   8. Not access data that is not intended for you;
   9. Not log on to a Dufresne Group server or account, unless you have been authorized to access same;
   10. Not probe, scan or test the vulnerability of a system or network or breach or attempt to breach security or authentication measures;
   11. Not interfere with the operation of the Website, The Dufresne Group's provision of its services to any other visitors to the Website, The Dufresne Group's hosting provider or network, including, without limitation:
       1. via means of submitting a virus to the Website, overloading, "flooding", "mail bombing" or "crashing" the Website; or
       2. “spamming”, “phishing”, “pharming”, “pretexting”, “spidering”, “crawling”, or “scraping” the Website.
   12. Not forge any TCP/IP packet header or any part of the header information in any e-mail or transmission or posting to The Dufresne Group's Website; and
   13. Use current virus monitoring software when using the Website.

Violations of system or network security may result in civil or criminal liability. The Dufresne Group will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations.

1. Inaccuracies. The Dufresne Group endeavors to present recent, accurate, and reliable information on the Website at all times. However, there may be occasions when some of the information may contain incomplete data, typographical errors, or inaccuracies, including incorrect specifications for products or services. The Dufresne Group presents the Materials and Content “as is” and The Dufresne Group makes no claims to its accuracy, either expressed or implied. The Dufresne Group reserves the right to amend errors or to update product and service information at any time without prior notice. The Dufresne Group does not warrant that the Materials and Content including, without limitation, product and service descriptions or photographs, is accurate or complete. In the event a product or service is listed at an incorrect price due to error, The Dufresne Group shall have the right to refuse any orders made for products or services listed at the incorrect price (including orders that have already been submitted).
2. Colours. The Dufresne Group has made every reasonable effort to display as accurately as possible the colours of products that appear on the Website. However, as the actual colours of the products may vary. Variations may exist in the actual colour of the products. Additionally, your computer monitor may inaccurately display the colour. For these reasons, The Dufresne Group cannot guarantee that the colour of the products will be accurately displayed on the Website.
3. Sizes.  Product dimensions listed on the Website may be approximate.
4. Availability. This Website displays products available for purchase in Canada. However, not all products are available at all times and products may be changed, substituted or discontinued at any time, without notice. Many featured items are selected in limited quantities, may not be available for purchase on the Website or in all Tenth+Maple authorized retailers. Products are only available while supplies last. The Dufresne Group reserves the right to limit quantities of products available for purchase. The Dufresne Group reserves the right to limit the sale of its products or services to any person, geographic region or jurisdiction. The Dufresne Group may exercise this right on a case-by-case basis. The Dufresne Group reserves the right to limit the quantities of any products or services offered. All descriptions of products or product pricing are subject to change at anytime without notice, at The Dufresne Group's sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
5. DISCLAIMER. THE WEBSITE AND THE MATERIALS AND CONTENT ARE PROVIDED "AS IS" AND “AS AVAILABLE” AND WITHOUT REPRESENTATION, TERM, CONDITION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY LAW, CUSTOM OR OTHERWISE) IN RESPECT OF THE WEBSITE AND/OR THE MATERIALS AND CONTENT. THE DUFRESNE GROUP AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND THEIR RESPECTIVE AGENTS DISCLAIM ALL REPRESENTATIONS, TERMS, CONDITIONS AND WARRANTIES INCLUDING BUT NOT LIMITED TO, THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES, WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE DUFRESNE GROUP DOES NOT WARRANT THAT THE WEBSITE OR ITS FUNCTION OR THE CONTENT AND MATERIALS OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. THE DUFRESNE GROUP MAKES NO WARRANTY THAT THE WEBSITE WILL MEET USERS' EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
6. EXCLUSION OF LIABILITY. NEITHER THE DUFRESNE GROUP NOR ANY OF ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE WEBSITE OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE WEBSITE, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, BUSINESS, MARKETS, SAVINGS, INCOME, PROFITS, USE, PRODUCTION, REPUTATION OR GOODWILL, ANTICIPATED OR OTHERWISE, OR ECONOMIC LOSS, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OR LAW OR EQUITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING WITHOUT LIMITATION GROSS NEGLIGENCE AND FUNDAMENTAL BREACH) BY THE DUFRESNE GROUP OR ANY PERSON FOR WHOM THE DUFRESNE GROUP IS RESPONSIBLE EVEN IF THE DUFRESNE GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE BEING INCURRED. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE.
7. EXCLUSIVE REMEDY. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO THE DUFRESNE GROUP FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OR LAW OR EQUITY, REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING WITHOUT LIMITATION GROSS NEGLIGENCE AND FUNDAMENTAL BREACH), ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE WEBSITE OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE WEBSITE SHALL BE $100.
8. Indemnification. You agree to indemnify, defend, and hold harmless The Dufresne Group, its affiliates, licensors, suppliers, advertiser or sponsors and their respective directors, officers, employees, consultants, agents, or other representatives from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from (a) any violation of these terms and conditions, (b) any allegation that any information or material submitted by you to The Dufresne Group violates any intellectual property, proprietary, contract, or other right of any third party, or (c) any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Website using your account.
9. Linking, Framing and Data Mining. The Dufresne Group makes no representations whatsoever about any other websites which you may access through the Website or which may link to the Website. Links to the Website without the express written permission of The Dufresne Group are strictly prohibited. When you access any other website you understand that it is independent from The Dufresne Group and that The Dufresne Group has no control over the content or availability of that website. In addition, a link to any other site does not mean that The Dufresne Group endorses or accepts any responsibility for the content, or the use of, such a website and shall not be liable for any loss, damage or offense caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. The framing, mirroring, scraping or data-mining of the Website or any of its content in any form and by any means is strictly prohibited.
10. Submissions. While The Dufresne Group welcomes your comments and feedback regarding the Website and The Dufresne Group’s products and services, The Dufresne Group does not wish to receive any confidential or proprietary ideas, suggestions, materials, or information. Please note that all of your comments, feedback, ideas, suggestions, and other submissions that are disclosed or submitted to The Dufresne Group shall become and remain the property of The Dufresne Group. To the extent that ownership of such submissions does not vest with The Dufresne Group, you grant The Dufresne Group a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable right to exploit, in any way, commercially or otherwise, such submissions, with the right to sub-license. The Dufresne Group will not have any obligation to keep submissions confidential and will be free to reproduce, use, disclose and distribute same to others without limitation. Any disclosure or submission by you is a declaration of the full release of all proprietary claims and/or intellectual rights regarding your submission. However, The Dufresne Group's use of any personal information you provide shall be governed by The Dufresne Group’s Privacy Policy. For further information regarding The Dufresne Group's protection of your personal information, please refer to The Dufresne Group’s Privacy Policy page.
11. Canada. Unless otherwise specified, the Materials and Content on the Website are displayed solely for the purposes of promoting The Dufresne Group's products available in Canada and The Dufresne Group makes no representation that any products or services referred to in the Website are appropriate for use in or available for delivery to other locations outside of Canada. Those who choose to access the Website from other locations are responsible for compliance with local laws if and to the extent local laws are applicable.
12. Europe.This website is not intended to be accessed or used by anyone subject to the European Union’s General Data Privacy Regulation. Anyone who uses this Website represents and warrants that they are not subject to the European Union’s General Data Privacy Regulation.
13. Minor In order to purchase products or services through the Website, you must be over the age of majority in the province or territory of which you are a resident.
14. Login Credentials. Parts of the Website may only be accessible only to users who have been issued a login name and password (collectively "Credentials") by The Dufresne Group. For the purposes of accessing the Website, the Credentials remain the property of The Dufresne Group and may be cancelled or suspended at any time by The Dufresne Group in its discretion without any notice or liability to you or any other person. The Dufresne Group is not under any obligation to verify the actual identity or authority of any person using Credentials to access and use the Website. The Dufresne Group may act upon any communication that is given with the use of Credentials. If you have been issued Credentials: (i) you are fully responsible and liable for the security of the Credentials and any and all use and misuse of the Credentials; (ii) you will keep the Credentials secure and confidential at all times and not disclose the Credentials to any other person or permit any other person to use the Credentials; and (iii) you will immediately notify The Dufresne Group by email to webteam@dufresne.ca if you know or suspect that any Credentials have been lost or stolen or become known to or used by any other person.
15. Contests. From time to time The Dufresne Group may make contests available on the Website. All contests are governed by this Agreement and the applicable contest rules. By participating in a contest through the Website, you signify your agreement and acceptance of this Agreement and the applicable contest rules.
16. Entire Agreement. This Agreement as well as The Dufresne Group’s Privacy Policy shall constitute the entire agreement of the parties in relation to the use of the Website, and this Agreement supersede any other agreements between the parties in this matter. All other terms, conditions, warranties or other stipulations concerning the Website whether express or implied by common law or under statute are excluded to the fullest extent permitted by law.
17. Severability. If any of term or condition of this Agreement should be determined to be illegal, invalid or otherwise unenforceable, then to the extent such term or condition is illegal, invalid or unenforceable, it shall be severed and deleted from this Agreement and the remaining Agreement shall survive, remain in full force and effect and continue to be binding and enforceable.
18. Amendments and Waivers. No amendment or waiver of any provision of this Agreement shall be binding on either party unless consented to in writing by such party. No waiver of any provision of this Agreement shall constitute a waiver of any other provision, nor shall any waiver constitute a continuing waiver unless otherwise provided.
19. Force Majeure. The Dufresne Group shall not be liable for any breach of this Agreement by it or failure to complete an order for products and services to the extent that such breach or failure arises from any act of God, war, national emergency, act of terrorism, riot, civil commotion, fire, explosion, flood, storm, epidemic, power outage, fuel shortage or any other similar cause beyond the reasonable control of The Dufresne Group.
20. Applicable Law. This Agreement shall be construed, interpreted and enforced in accordance with, and the respective rights and obligations of the parties shall be governed by, the laws of the Province of Manitoba and the federal laws of Canada applicable therein, and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of such province and all courts competent to hear appeals therefrom.
21. Cookies. For information about how The Dufresne Group uses Cookies, please review our Privacy Policy, which also governs your use of the Website.  Use of cookies is designed to provide a more customized visit for the user.
22. Shopify .The Dufresne Group partners with Shopify Inc., which provides us with the online e-commerce platform that allows us to sell our products and services to you. Shopify’s Terms of Use can be found here.
23. User Comments, Feedback and Submissions.  If, at The Dufresne Group’s request, you send certain specific submissions (for example contest entries) or without a request you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that The Dufresne Group may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward. The Dufresne Group is and shall be under no obligation: (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
    The Dufresne Group may, but has no obligation to, monitor, edit or remove content that it determines in its sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or this Agreement.
    You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Website or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead The Dufresne Group or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. The Dufresne Group takes no responsibility and assumes no liability for any comments posted by you or any third-party.
24. Contact .Questions regarding this Agreement should be sent to webteam@dufresne.ca