KIT AND ACE
Last Updated – April 20 2016
The Site is the property and owned by Kit and Ace Designs Inc. (collectively, “We”, “Us”, “Our” or “Kit and Ace”). The Site may be accessed and used only by individuals or persons who can form legally binding contracts under applicable laws and who are not barred from using the Site under applicable laws. By using the Site, you represent and warrant to Us that you have the right, authority, and capacity to agree to and abide by the Terms, and that you will use the Site in a manner consistent with the terms and any and all applicable laws and regulations. By using the Site you agree to the Terms and you consent to the collection, use and disclosure of your information as described herein. If you don’t agree to these Terms then you must exit the Site immediately and discontinue using the Site. Your continued use of the Site will be deemed to be your agreement to be bound by these Terms.
We are free to change the Terms at any time without notice to you by revising the Terms found on the Site. You agree that no other notice will be required in order to change the Terms. If you don’t agree with any change made to the Terms then you must exit the Site immediately and discontinue using the Site. Your continued use of the Site will be deemed to be your agreement to be bound by the revised Terms. To the extent the Terms conflict with any other Kit and Ace terms or policy, the Terms will govern to the extent of that conflict.
I. APPLICATION OF THIS AGREEMENT
For the purposes of this Agreement, “Kit and Ace” shall mean “Kit and Ace Designs Inc.” or its authorized affiliates such as “SW US Inc.” (as applicable below).
- CANADIAN CUSTOMERS. All transactions and agreements with Canadian customers shall be with Kit and Ace Designs Inc.
- UNITED STATES AND INTERNATIONAL CUSTOMERS. All transactions and agreements with United States and International customers shall be with SW US Inc. d/b/a Kit and Ace.
- 1. CONTENT
All text, graphics, user interfaces, interface design and layout, visual interfaces, designs, photographs, trademarks, logos, written content, images, illustrations, sound or video clips, software code and animation found on the Site (collectively, “Content”), including but not limited to the structure, selection, coordination, expression and arrangement of such Content, is owned, controlled or licensed by or to Kit and Ace, and except as expressly provided in these Terms, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Our express prior written consent.
The Site and Content are protected by copyright, trade-mark, and other applicable intellectual property and proprietary laws. The Site and the Content are made available solely for your own personal, non-commercial and lawful use. Nothing contained on the Site grants or should be considered as granting you, by implication, estoppel, or otherwise, any license or right to use any trademarks, signs, logos, or other names or copyright in the content in the Site or Content without the expressed written consent of Kit and Ace.
- YOUR USE OF THE SITE
Subject to the Terms, www.kitandace.com hereby grants you a revocable, non-transferable, non-exclusive, personal and limited license to use and view the Site, solely for purposes of purchasing or reviewing Kit and Ace products and not for any commercial use or for use with, or on behalf of, any third party. You may not use the Site or any Content for any purpose that is unlawful or prohibited by the Terms, or to solicit the performance of any illegal activity or other activity, which infringes Our rights or the rights of others. You agree that you will not resell for commercial purposes products purchased through use of the Site. You agree that you will not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site.
With your limited license you may download or print pages and images from the Site for your own personal use only. With your limited license, you agree that: you will not make any modifications to any pages, images, content that you copy, email, post, forward, share, in any way; you will include all applicable notices and disclaimers (including copyright notices); and you will not use the Content, or any portion thereof, in a way that suggests an association with Us or any affiliated entity. You will acknowledge credit to www.kitandace.com and ensure that all acts comply within our Terms. Should you wish to incorporate any part of www.kitandace.com into any work or publication, including incorporation into an electronic publication, you must contact Kit and Ace for Our express prior written consent.
We reserve the right to ask for the removal of any content that violate these Terms or that is otherwise in our opinion, offensive or inappropriate misuse of information or Content found on the Site or owned by Kit and Ace. You acknowledge and agree that Kit and Ace, in its sole discretion and without notice or any further obligation to you, may temporarily or permanently suspend or discontinue and refuse any and all current and future, access to or use of the Site.
- CODE OF CONDUCT
You agree to use the Site in accordance with the following Code of Conduct:
(a) You will not use the Site to engage in any form of harassment or offensive behaviour, including but not limited to the posting of communications, pictures or recordings which contain libellous, slanderous, abusive or defamatory statements, or racist, pornographic, obscene, or otherwise offensive language.
(b) You will not post, promote or distribute information that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity.
(c) You will not use the Site to infringe the privacy rights, intellectual property rights, or any other rights of any person.
(d) You will not use the Site in any manner that impersonates or otherwise misrepresents affiliation, connection or association with, any person or entity.
(e) You will not use the Site to promote or enable illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs, violate someone's privacy, harm or harass another person, obtain others' identity information, create or disseminate computer viruses, or circumvent copy-protect devices.
(f) You will not forward chain letters, junk mail or spam e-mails through the Site.
(g) You will not use the Site in any manner intended to defraud, swindle or deceive any person or entity, including other users of the Site.
(h) You will not use the Site to access or disseminate another person's personal Information.
(i) You will not harass, annoy, intimidate or threaten any employee or agent engaged in providing any portion of the Site to you.
(a) You agree that you will not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Kit and Ace server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
(b) You agree that you will not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site.
(c) You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Kit and Ace to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
(d) You will not use the Site to distribute or upload any virus, or malicious software of any type, or do anything else that might interfere with the proper functioning of the Site, or cause injury to Kit and Ace, the computer network or systems, or any other users systems in any way.
(e) You will not cause the Site to be accessed through any automated or robotic means, including but not limited to scripts, bots, other automated, or rapid access of the site as in a denial-of-service attack. Such restriction shall not apply to legitimate search engine activity that does not place an unreasonable burden on the Site.
(f) You will not modify, post, reproduce, distribute, copy, publish, display, transmit, adapt or in any way exploit the contents of the Site.
(g) You will not use spiders, robots, data mining techniques or other automated devices or programs to catalogue, download or otherwise reproduce, store or distribute available content.
(h) You will not take any action to interfere with, or disrupt, the Site or its content, circumvent security measures or attempt to exceed the limited authorization and access granted to the user under the Agreement. No permission is given to you to link or provide references to Site and to use any of Our intellectual property rights, including trademarks and trade names to provide such links or references, unless you have written agreement and permission from Us.
(i) You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any systems or networks connected to the Site.
(j) You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
(k) You agree that you will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to or through the Site or any service offered on or through the Site.
(l) You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
(m) You agree that you will not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of Kit and Ace or others.
(i) You will use the Site and any contents of the Site solely for lawful purposes.
- REGISTRATIONS AND ACCOUNT RESPONSIBILITY
Registration on the Site is available to anyone nineteen years or older who truthfully and accurately provides all required information, including a legitimate address, and who obtains a unique username and password. You are solely responsible for protecting the security and confidentiality of your username and password. You are solely responsible for any and all access to, and activities performed on our Site including but not limited to, all transmissions and obligations (i.e. financial obligations) with your username and password or any other breach or threatened breach of the sites security of which you become aware.
You may not use false or misleading contact information, pretend to be someone other than yourself, or otherwise mislead Kit and Ace or our service providers.
- ELECTRONIC COMMUNICATION
You consent to receive commercial electronic messages such as emails and text messages for the purposes related to the Terms or use of the Site from Kit and Ace either in the form of an electronic communication (email) sent to you at the email address listed on your account or by communications posted on the Site. You acknowledge and agree that any electronic communication in the form of such email or posting on the Site shall satisfy any legal requirement that such communication be in writing.
- LINKS TO OTHER SITES
The Site may contain links to websites and other resources operated by third parties. Such links are provided solely as a convenience to you. We do not control such third party websites, and we are not responsible for the content, products, services or information offered by any third parties. The inclusion of links to such websites on the Site does not imply any endorsement of any website or the content, products or services offered, advertised, endorsed or promoted by any third party, or of any company or person. If you decide to access any third party websites or acquire any third party products or services, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties.
- COLLECTION, USE, AND DISCLOSURE OF YOUR INFORMATION
Kit and Ace considers your privacy and online safety of utmost importance. By placing an order with Kit and Ace you give Us, and our third party processors, your consent to process and use your personal data in accordance with the Terms. Personal information collected may be used to contact you regarding your orders or returns.
Personal information is information that can identify an individual or information about an identifiable individual and may include contact information (e.g. name, postal address, telephone number, and e-mail address), personal preferences (e.g. marketing consent), and transaction information (e.g. products purchased, method of payment, and payment information). We do not collect personal information about you unless you voluntarily provide it to create a User Account, make an inquiry, or place an order. Any personal information that is provided by you is collected, used, and disclosed in accordance with applicable laws. The information collected from our online registration system allows us to provide a more personalized site experience.
With a www.kitandace.com account, you will automatically be added to Our mailing list. Should you wish not to receive updates you may unsubscribe from Our mailing list at any time by clicking ‘unsubscribe’ found on the bottom of any newsletter sent to your email.
We may also use the information that we collect from you to:
- Process and fulfill your orders;
- Personalize your experience with Kit and Ace;
- Administer the Site;
- Monitor customer online traffic patterns and site usage to help us develop and improve the design and usability of the site;
- Protect the security or integrity of the Site and Our business; and
- Notify you about enhancement to our services, such as recent updates to the Site, new services and special offers that may be of interest.
We may also automatically gather information from you indirectly through your browser using tracking tools and cookies when you access the Site.
You can easily remove cookies from your computer or mobile device through your browser. If you prefer to prevent your browser from accepting cookies, you can disable cookies from your browser, which may affect certain functionalities of the Site.
- CREDIT CARD PROCESSING
We use a third-party service provider to manage credit card processing. Under our agreement with this service provider, it is not permitted to store, retain, or use your personal information or your billing information except for the sole purpose of credit card processing on our behalf. In order to provide you better and more efficient customer service, we may have access to the last four digits of your credit card number, its expiration date, and the billing address. In addition, we and our service provider may use any information processed pursuant to this section at an aggregate level for internal business analyses and fraud prevention.
- SECURITY OF YOUR PERSONAL INFORMATION
We do not collect personal information from you when you use the Site, unless you provide it voluntarily (for example, when you make a purchase or sign up for an account). Kit and Ace uses appropriate security measures (such as SSL certificates) to protect the information you give Us. However, although We take all reasonable steps to protect your personal information, you should recognize that there is no “perfect security” and as such, no Internet data transmission can be guaranteed to be secure from access by unintended recipients. You agree that Kit and Ace will not be held responsible for any third party’s access to your personal information due to a breach of our security protocols or unlawful means.
Kit and Ace may collect and use certain tracking data. Tracking data information may be used for a variety of purposes, including, without limitation, to compile statistical, demographic, or aggregated information about visitors to the site generally, and also may be used for marketing efforts, site optimization and to create reports on user demographics and the traffic patterns of the Site. The reports that are generated from tracking data information are used for a variety of purposes, including, for example to improve the Site and Our services.
Kit and Ace may provide, and you consent to Us providing, certain information to third party service providers who perform specific functions on our behalf. For example, We may share your mailing address and other contact information with our delivery partners. Please note Our service providers (i.e. web hosting, credit card processing and others) may have access to all or parts of the information We maintain. We seek to limit third-party use of information, however We are not responsible for such third-party use of information that is not in compliance with the Terms.
Kit and Ace may be involved in the sale or transfer of some or all of its business. As part of that sale or transfer, you consent to Kit and Ace disclosing your personal information to the acquiring organization, and Kit and Ace agrees to use its reasonable efforts to require the acquiring organization to agree to protect the privacy of your personal information in a manner consistent with these Terms. Kit and Ace has no liability for the acquiring organization’s use and disclosure of your personal information. Without limiting the generality of the foregoing, you hereby consent to us transferring or assigning all your information, without notification, pursuant to a merger, sale, reorganization, purchase or other transaction in relation to Kit and Ace.
- CALIFORNIA RESIDENTS
Under California Civil Code Section 1798.83, California residents who have an established business relationship with Us may opt out and request that we not share your personal information with third parties for direct marketing purposes. If you are a California resident and (1) you wish to opt out; or (2) you wish to request certain information regarding our disclosure of your personal information to third parties for direct marketing purposes, please send an e-mail to us or write to us as described in the “Our Address” section below.
IV. TERMS OF SALE
- PRODUCT INFORMATION
The availability of products on the Site may be limited to the quantities listed on the Site. In some cases, products displayed on the Site in images or other intellectual content, may not be available for purchase in certain countries or on www.kitandace.com. We try to maintain accurate information on the Site regarding product availability, size, and pricing, however we cannot guarantee any such accuracy. In addition, the actual colors of the products displayed on the Site will depend on the settings of your monitor, and Kit and Ace cannot guarantee that your monitor’s display of any colour will be completely accurate.
In the event of an incorrect price, due to typo error or error in product pricing or info, we reserve the right to cancel or refuse any orders whether or not the order has been confirmed or credit card charged. If the credit card has been charged, we will issue a credit to your credit card account.
- SITE TRANSACTIONS
We reserve the right to refuse, in Our sole discretion, any order placed on the Site (including, without limitation, orders placed with incorrect information or errors in pricing, including, without limitation, any such errors made by Kit and Ace). We further reserve the right to change or modify any order placed on the Site. In the event any order is cancelled or changed, Kit and Ace will attempt to notify you of such cancellation or change; however, we cannot guarantee that you will receive such notice.
We happily exchange or refund full-priced items within ten days from the date your order was processed. The easiest way to exchange or return an item is in a shop with the original receipt (email or hardcopy). If you can’t make it to the store or we are not in your neighbourhood, follow the Process For Returns to send your purchase back. Just like shipping, returns and exchanges are on the house. We reserve the right in our sole discretion to refuse to exchange or issue a refund for items submitted after ten days or if you do not have a copy of your original receipt. In addition, we do not exchange or provide refunds for:
• Marked down items;
• Any garments that appear worn, altered, washed or that do not have both the original hangtag and care content label attached; or
• Foundations (lingerie & underwear), swimwear, earrings, lifestyle products, tailored, and monogrammed items.
Gift items can be brought back into a shop within ten days for exchange or a credit note (credit notes are unavailable in the UK and Japan) with the gift receipt. For a full refund we will need the original receipt and method of payment. Gift cards may not be redeemed for cash or refunded unless required by law.
The risk of loss and title for items purchased by you, passed to you upon a delivery of the item(s) to the carrier pursuant to the standard terms of sale. We do not take title to returned items until the items arrives at our fulfillment center. At our discretion a refund may be issued without requiring a return, in this situation we do not take title to the refunded item.
- INTERNATIONAL VISITORS
Please note the Site is directed and intended for the use of visitors residing in Canada and the U.S.A. However, the Site may be accessed by visitors residing outside of Canada and the U.S.A. Kit and Ace makes no representations or warranties that www.kitandace.com is appropriate or available for use in countries outside of Canada and the U.S.A (such as laws relating to default cookie settings). Visitors who choose to access www.kitandace.com from outside of Canada and the U.S.A. do so at their own initiative and are responsible for compliance with any and all local laws and regulations that may apply to such access. For this reason Kit and Ace does not monitor, recognize, or honor any opt-out or do not track mechanisms other than those specifically set forth herein including general web browser "Do Not Track" settings and/or signal.
We disclaim any responsibility for the deletion, the failure to store, the mis-delivery, or untimely delivery of any information or material including, without limitation, any purchase order submitted to or transmitted through www.kitandace.com. Deliveries will be made as soon as possible to the address on your order and are made on a “best effort” timeline.
We are not liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to or use of the Site, products, or content. If you are dissatisfied with the Site, or its content, your sole remedy is to discontinue using the sites. Without limiting the foregoing, we make no warranties of the following:
- That Site and its products will meet your requirements;
- That the Site will be uninterrupted, timely, secure or error free;
- That the Content including, without limitation, information regarding products, pricing, or availability that may be obtained from the Site will be accurate or reliable, the quality of any products, services, information, or other material that you purchase or obtain through the Site will meet your expectations;
- That the Site will be free of viruses or other harmful or malicious code; and
- That any errors on this Site will be promptly corrected.
In no event shall Kit and Ace, its affiliates, officers, directors, employees and agents, or any third-party involved in the creation and maintenance of the Site and its Content, be liable for any damages (including without limitation, direct, incidental, special, consequential, indirect, or punitive damages, or damages resulting from lost profits, lost data or business interruption) arising out of your access to, use, or inability to access or use the site, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if we have been advised of the possibility of such damages, including damages to, or viruses that may infect, your computer equipment on account of your access to or use of the Site.
YOU UNDERSTAND AND AGREE THAT THE SITE AND ANY SERVICES, CONTENT, OR INFORMATION CONTAINED ON OR PROVIDED BY US IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR OWN RISK. WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICES OR ANY MERCHANDISE OR INFORMATION PROVIDED IN CONNECTION WITH THE SERVICES.
WE MAKE NO WARRANTIES OR REPRESENTATION THAT THE SERVICES WILL BE PROVIDED WITH DUE SKILL, CARE, AND DILIGENCE, OR ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE SERVICES AND ASSUME NO RESPONSIBILITY WHATSOEVER FOR ANY INACCURACY, ERROR, OR MISTAKE OF CONTENT FOR ANY INJURY THAT ARISES OUT OF THE USE OF OR ACCESS TO THE SERVICES, AND/OR FOR ANY UNAUTHORIZED ACCESS TO OR USE OF OUR COMPUTER SERVERS AND EQUIPMENT AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN.
IN ADDITION, WE DO NOT GUARANTEE THAT THE USE OF THE SERVICES WILL BE FREE FROM TECHNOLOGICAL DIFFICULTIES, INCLUDING BUT NOT LIMITED TO UNAVAILABLE INFORMATION, DOWNTIME, SERVICE DISRUPTIONS, SERVICE VIRUSES OR WORMS, LOSS OF DATA OR CONTENT, AND YOU UNDERSTAND THAT YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT.
- LIMITATION OF LIABILITY
You agree that you will indemnify and hold harmless Kit and Ace, its directors, officers, employees, agents and affiliates against any damages, losses, liabilities, judgments, costs or expenses (including attorneys' fees and costs) arising out of a claim by any person arising or relating to your breach of the Terms or materials you have posted or any other action taken by you in relation to the Site.
- DISPUTE RESOLUTION AND GOVERNING LAW
Any dispute, controversy or claim arising under, out of or relating to the Term or in respect of any legal relationship associated with or derived from the Term or use of the Site, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach or termination, and any non-contractual claims, shall be referred and finally and exclusively determined by arbitration in accordance with the Arbitration Rules of the ADR Institute of Canada, Inc. The arbitral tribunal shall consist of a single arbitrator. The Seat of Arbitration shall be Vancouver, British Columbia, Canada. The language to be used in the arbitral proceedings shall be English. The dispute, controversy or claim shall be decided in accordance with the laws of British Columbia and Canada. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
By visiting/using the Site, you agree that the laws of the province of British Columbia, without regard to principles of conflict of laws, will govern the Terms and any dispute of any sort that might arise between you and Us. You hereby consent and submit to the personal jurisdiction of arbitration panel constituted under the Terms.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION YOU MAKE AGAINST KIT AND ACE ARISING OUT OF, IN CONNECTION WITH OR IN ANY WAY RELATED TO THE SITE OR TERMS WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS KIT AND ACE AGREES OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS.
YOU FURTHER AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND KIT AND ACE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE ACTION.
- ENTIRE AGREEMENT
The Terms represent the entire agreement between You and Us regarding the use of the Site and supersedes any other agreement or understanding on the subject matter. There are no representations or warranties or promises, express or implied, statutory or otherwise, and no collateral agreements other than expressly set forth or referred to in the Terms.
- ENGLISH LANGUAGE
The parties hereto acknowledge that they have required this Agreement to be drawn up in the English language. Les Parties aux présentes ont expressément requis que cette entente soit rédigée en anglais.
We may give any notice required by the Terms by means of a general notice on the Site or, if you have provided such contact information to us by any means, by electronic mail to your e-mail address, text message to your mobile telephone number, or by written communication by mail or courier sent to your address. Such notice shall be deemed to have been given immediately after sending by electronic mail or text message or on delivery if sending by mail or courier.
- OUR ADDRESS
Please send any questions or comments regarding www.kitandace.com to us via email at [email protected] or to our headquarters attention “Customer Care”:
Kit and Ace
123 West 7th Avenue