LEGAL CONDITIONS DISCLAIMER
TORONTO FASHION INCUBATOR WEBSITE TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. Your use of the fashionincubator.com website is expressly conditioned on your acceptance without modification of the following terms and conditions (the "Terms and Conditions"). By using fashionincubator.com you signify your acceptance of these Terms and Conditions.
The fashionincubator.com website, its design, text, photographs, images, illustrations, graphics, content, video, audio and the selection and arrangement thereof are the property of The Toronto Fashion Incubator ("TFI") and/or its various affiliates, third party providers and distributors (the "Third Parties"), and are protected by copyrights, trademarks, designs, patents and/or other intellectual property rights and are governed by all applicable laws of Canada and other countries. None of the content on the fashionincubator.com website in whole or in part may be reproduced, republished, distributed, displayed, sold, transferred or modified without the express written permission of TFI and/or the applicable Third Parties.
TFI, fashionincubator.com, and all other TFI related trademarks and design marks displayed on fashionincubator.com (collectively, the "Trademarks") are registered and common law trademarks of their respective owners. Nothing contained on the fashionincubator.com website should be construed as granting, by implication or otherwise, any license or right to use any trademarks, including the Trademarks, except with the express written permission of TFI or such other party that may own the applicable trademarks.
Limitation of Liability
YOU AGREE THAT TFI (AND ITS AGENTS, OFFICERS, DIRECTORS AND EMPLOYEES) ARE NOT LIABLE FOR DAMAGES OF ANY KIND THAT ACCOMPANY OR RESULT FROM YOUR USE OF THE FASHIONINCUBATOR.COM WEBSITE AND ANY MATERIAL POSTED ON IT.
Except as explicitly provided in the foregoing paragraphs, TFI and the Third Parties make no representations or warranties of any kind, express or implied, regarding fashionincubator.com and/or any materials or information provided on fashionincubator.com, all of which are provided on an "as is" and "as available" basis. TFI and the Third Parties do not warrant the accuracy, completeness, currency, reliability or suitability of the operation of fashionincubator.com, or any of the content or data found on fashionincubator.com, and expressly disclaim all warranties and conditions, including implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade.
TFI and the Third Parties are not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications.
Material in this site may contain inaccuracies or typographical errors. TFI shall not be liable or responsible for any loss of damage caused by or arising from any user's reliance on information obtained from or through this site. It is your responsibility to evaluate the information and other content available through this site. This site and the information and materials contained in this site are subject to change at any time, and from time to time, without prior or subsequent notice.
TFI and the Third Parties assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing on fashionincubator.com or your downloading of any materials, data, text, images, video or audio from fashionincubator.com. In no event shall TFI or any of the Third Parties be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, direct, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with any use of fashionincubator.com or content found herein, any failure or delay (including, but not limited to the use of or inability to use any component of fashionincubator.com for purchases), of the performance or non performance by TFI or any of the Third Parties, even if such party has been advised of the possibility of damages by such parties or any other party.
You agree, by using this site, that your use of this site is at your sole risk, that you assume full responsibility for all loss of use, loss of data and costs associated with all necessary servicing or repairs of any equipment and/or software that you use in connection with this site. Where applicable law does not allow the exclusion of implied warranties, some or all of the foregoing disclaimers of warranty may not apply to you.
If, notwithstanding the foregoing, TFI or any of the Third Parties should be found liable for any loss or damage which arise out of or is in any way connected with any of the functions or uses of fashionincubator.com or its content, the liability of TFI and the Third Parties shall in no event exceed in the aggregate $100 CAD.
Use of the Site
The fashionincubator.com website may not, in whole or in part, be copied, distributed, republished, uploaded, posted, reproduced or transmitted in any way without the prior written consent of TFI. You may download, display and print material onto one computer for your personal, non-commercial use only. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials. The use of such materials on any other website or in any environment of networked computers is prohibited.
You are prohibited from contributing, posting or transmitting any infringing, unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law.
TFI reserves the right to limit quantities, refuse orders, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if TFI believes that customer conduct violates applicable law or is harmful to the interests of TFI or any Third Parties.
TFI reserves the right to refuse shipment of products to certain jurisdictions. All sizes quoted are approximate. Some items shown may require assembly.
In its sole discretion, in addition to any other rights or remedies available to TFI and without any liability whatsoever, TFI at any time and without notice may terminate or restrict your access to any component of fashionincubator.com.
TFI enables visitors to fashionincubator.com to provide TFI with feedback by email or otherwise. With respect to all remarks, suggestions, ideas, graphics, or other information communicated by you to TFI through or by reason of this site by email or otherwise (collectively the "Customer Content"), you hereby grant TFI a non-exclusive, royalty free, perpetual, irrevocable and fully sub-licencable right to use, delete, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such Customer Content throughout the world in any media, now known or hereafter developed, and you waive all moral rights in the Submission. You also grant TFI the rights to use the name you submit with the Customer Content, if any, in connection with TFI's rights hereunder.
TFI will not be required to treat any Customer Content as confidential, will not be liable for any ideas for its business (including without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future TFI operations. Without limitation, TFI will be entitled to use the Customer Content for any commercial or other purposes whatsoever without compensation to you or other persons sending Customer Content. By access to this site you acknowledge that you are responsible for whatever material you submit, and you, not TFI, have full responsibility for the message, including its legality, reliability, appropriateness, originality and copyright. TFI does not warrant or make any representation regarding the use of the materials contained in this site in terms of correctness, accuracy, reliability or otherwise.
You have read the TFI Privacy Statement, the terms of which appear on fashionincubator.com, and are incorporated into these Terms and Conditions, and agree that the terms of such Privacy Statement are reasonable. You consent to the use of your personal information by TFI and / or Third Parties in accordance with the terms of and for the purposes set out in the TFI Privacy Statement.
The fashionincubator.com website contains links to other websites which are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by TFI or the Third Parties of the linked website or information contained therein. TFI and the Third Parties shall not be responsible for the content of any other websites and makes no representation or warranty regarding any other websites or the contents or materials on such websites. If you decide to access other websites, you do so at your own risk.
While we strive for pricing accuracy, market conditions and competitive pressures may cause prices and availability to change without further notice. We reserve the right to correct, at any time, any pricing errors. Online prices, product selection and availability, and effective sale dates may differ from that available onsite.
All prices quoted are payable in Canadian Dollars and, unless otherwise stated, do not include shipping charges, GST, PST, QST or HST.
ALL PRODUCT SALES FINAL
ALL SALES ARE FINAL AND ALL PRODUCTS SOLD BY TFI ARE NON-REFUNDABLE AND NON-RETURNABLE.
TFI reserves the right to, without notice, change the fashionincubator.com website, including without limitation with respect to products offered, product information, availability, content and pricing and may at any time modify the Terms and Conditions of use of fashionincubator.com. Please check this page periodically for changes. Your use of fashionincubator.com will be conditional upon your acceptance of the Terms and Conditions in force at the time of your use.
You shall indemnify and save harmless TFI and the Third Parties and their officers, directors, employees, consultants, representatives and agents from and against any claim, cause of action or demand, including without limitation reasonable legal, accounting and other professional fees, brought as a result of your use of fashionincubator.com.
The relationship between TFI and you will be that of independent contractors and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of these Terms and Conditions or use of fashionincubator.com.
These Terms and Conditions and the performance of the obligations and enforcement of the rights herein shall be governed by the laws of the Province of Ontario, Canada. You consent and submit to the exclusive jurisdiction of the courts located in the City of Toronto, in the Province of Ontario, Canada, in all disputes arising out of or relating to the use of fashionincubator.com and these Terms and Conditions.
These Terms and Conditions shall be deemed severable. In the event any provision of the Terms and Conditions is determined to be unenforceable or invalid, such provision shall 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.
The headings used in these Terms and Conditions are included for convenience only and do not limit or otherwise affect the Terms and Conditions.
These Terms and Conditions, together with those incorporated or referred to herein constitute the entire agreement between us relating to the subject matter hereof and supersedes any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter and may not be amended or modified except in writing or by TFI making such amendments or modifications available to it pursuant to the Terms and Conditions.