ELIQ APPAREL TERMS OF SERVICE
Welcome to ELIQ Apparel! This Web site located at www.Eliqapparel.com (this "Site") is owned and operated by Eliq Apparel. ("Company"). This Site and any purchases made through this Site are governed by the terms of service, use and purchase described below ("Terms"). Please review this entire page carefully. These Terms is created to provide you with a description of our general terms and conditions regarding purchasing products from ELIQ Apparel and use of this Site.
You must be at least 18 years old to purchase ELIQ Apparel products from this Site or use ELIQ Apparel's services. The Company reserves the right in its discretion to revise the Terms from time to time, so please check back here periodically for updates, by continuing to use or purchase products from this Site and by remaining a member of the ELIQ Apparel. You accept and agree to the Company's right to revise the Terms from time to time and to be bound by such changes so long as they are promptly posted on the Site or emailed to the email account we have on record for you. If you do not wish to be bound to these Terms (or any revisions to these Terms), please do not use this Site or the Company's services and products.
Shipping and handling charges are based on your subtotal order amount, calculated after applicable discounts and before sales Ontario's sales tax (13%).
ELIQ Apparel is required by law to collect 13% Ontario sales tax on orders shipped across Canada. If your order is shipping to any of the thirteen provinces, the appropriate charges will be added to your cart's total and displayed on your final order confirmation.
YOUR USE OF THIS SITE
Your use of this Site for any illegal or unauthorized purpose is expressly prohibited. Considering your use of this Site, you agree to provide true and accurate information about yourself when creating an account and update your Account from time to time to keep it real. Suppose you provide, or the Company has reasonable grounds to suspect that you have provided, information that is untrue, inaccurate, not current or incomplete. In that case, the Company has the right to suspend and refuse all current or future access by you to this Site or any portion thereof. Furthermore, suppose the Company has any reason to believe that you may create fraudulent accounts or engage in any deceptive behaviour while using this Site. In that case, the Company may suspend and refuse any current or future access by you to this Site or any portion thereof. It may also refuse to honour any credits or other earned benefits.
The Company reserves the right at any time to modify or discontinue, temporarily or permanently, this Site or any part thereof with or without notice. You agree that the Company shall not be liable to you or any third party for any modification, suspension or discontinuance of this Site or any part thereof. The following sections shall survive any termination of these Terms: "Copyright," "Indemnification," "Disclaimer of Warranties; Limitation of Liability," "Disputes and Dispute Resolution" (including all subsections) and "General."
This Site may be linked to other Web sites. You acknowledge and agree that the Company is not responsible for the availability of such external Web sites, and does not endorse and is not responsible or liable for any content, advertising, products and other materials on or available from such Web sites. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Web site.
Unless otherwise indicated, this Site and all Content contained therein, including but not limited to text, photographs, images, icons, graphics, trademarks, trade names, logos and software ("Content"), is owned by the ELIQ Apparel and protected by applicable law. You agree not to copy, publish, use, display, transmit, modify, transfer, sell, reformat, distribute, create derivative works from, or in any way exploit the Content without ELIQ Apparel's prior written approval. In addition, any mechanized or systematic processes for harvesting information from this Site for any purpose are prohibited. Nothing contained in or on this Site should be construed as granting any license or right, by implication or otherwise, to use any of the Content at any time.
ACCOUNT CONFIDENTIALITY AND ACCESS
You are solely responsible for maintaining the confidentiality of your Account, all activities occurring under your Account and all access to and use of the Site by anyone using your Account, whether or not such activities and access are authorized by you, including but not limited to all communications, transactions and obligations. The ELIQ Apparel shall not be liable or responsible for any loss or damage arising from any unauthorized use, access or any other breach of security of your Account, including but not limited to your member sign-in password and email address. You acknowledge and accept that your use of the Site complies with these Terms. You further acknowledge and take that the Company shall have no obligation to investigate the authorization or source of any Account activity, including purchase activity following a proper log-in to the Site, which is defined as a matching and current member sign-in and user password. You shall notify the Company immediately of any unauthorized access to your Account or any other unauthorized use of the Site.
You agree that the Company may, without prior notice, immediately terminate, limit your access to or suspend your account based on any of the following:
Breach or violation of these Terms.
Upon request by law enforcement.
Unforeseeable technical or security issues or problems.
- Extended periods of inactivity.
- Fraudulent, deceptive or illegal activity, or any other activity which the Company believes is harmful to this Site or its business interests.
You agree that any termination, limitation of access and suspension shall be made in the Company's sole discretion and that ELIQ Apparel shall not be liable to you or any third party for the termination, limitation of access and suspension of your Account.
You agree to indemnify and hold ELIQ Apparel and its subsidiaries, affiliates, officers, agents and employees harmless from all liabilities, claims, demands, actions, suits, losses, obligations, judgments, proceedings, damages, expenses and costs (including reasonable attorneys' fees), based upon, arising from or related to:
- Information or Content submitted, transmitted or otherwise made available on or through this Site by you or any other person accessing the Site using your Account.
- The use of, or connection to, this Site by you or any other person accessing the Site using your Account (including negligent or wrongful conduct).
- Your breach or attempted breach of these Terms.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE AND THE PRODUCTS OFFERED ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
ELIQ APPAREL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT THE OPERATION OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR AS TO THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE, UNLESS OTHERWISE SPECIFIED IN WRITING.
THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CERTAIN PROVINCIAL AND STATE LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
DISPUTES AND DISPUTE RESOLUTION
Use of this Site, any purchases made through this Site, and any controversy, claim or dispute arising out of or relating in any way to your use of the Site or products purchased through the Site shall be governed by the laws of your province or state of residence without respect to its choice (or conflict) of laws rules.
Both you and ELIQ Apparel waive the right to bring any controversy, claim or dispute arising out of or relating in any way to your use of the Site, or products purchased through the Site as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, joint, or personal attorney general action regarding any such claim brought by anyone else. (This waiver, and the similar waiver specified for arbitration proceedings, are generally referred to herein as "the class action waiver.")
Jurisdiction and venue for any dispute shall be in Ottawa, Ontario, Canada. Each party submits to personal jurisdiction and venue in that forum for all purposes.
AGREEMENT TO PRE-ARBITRATION NOTIFICATION
These Terms provide for final, binding arbitration of all disputed claims (discussed immediately below). However, the Company and you agree that it would be advantageous to discuss and hopefully resolve any disputes before arbitration proceedings or any other proceedings authorized herein are initiated. In the event of a dispute, the claimant, whether you or the Company, shall send a letter to the other side briefly summarizing the claim and the request for relief. If the Company is the claimant, the letter shall be sent, via email, to the email account listed in your Account. If you are the claimant, the letter shall be sent to info@EliqApparel.com. If the dispute is not resolved within 60 days after the letter is sent, the claimant may proceed to initiate arbitration proceedings or any other proceedings authorized.
AGREEMENT TO ARBITRATE CLAIMS
Except to the limited extent noted below, use of this Site, any purchases made through this Site, and any controversy, claim or dispute arising out of or relating in any way to your use of the Site or products purchased through the Site shall be resolved by final and binding arbitration.
The arbitration shall take place in Ottawa, Ontario, Canada, by the Provincial or Federal courts. Unless either party or the Arbitrator requests a hearing, the parties will submit their arguments and evidence to the Arbitrator in writing. The Arbitrator will make an award based only on the documents.
This arbitration agreement is subject to the Federal Arbitration Act and is enforceable under its terms on a self-executing basis. Either party may seek enforcement of this provision in any court of competent jurisdiction.
The Arbitrator (s) shall not have the power to commit errors of law or legal reasoning, make erroneous factual findings, or abuse his or her discretion. The award may be vacated or corrected on appeal to a court of competent jurisdiction for any such error.
OPTING-OUT OF DISPUTE RESOLUTION PROCEDURE AND CLASS ACTION WAIVER
You may elect to opt-out (exclude yourself) from the final, binding arbitration procedure and the class action waiver specified in these Terms by doing the following. Within 15 days of setting up your Account, you must send a letter to info@EliqApparel.com specifies:
Your account number or account member name.
- Your mailing address.
- Your request to be excluded from the final, binding arbitration procedure and class action waiver specified in these Terms.
All other Terms shall continue to apply to your Account, including the requirement to participate in pre-dispute mediation. Notwithstanding any provision in these Terms to the contrary, we agree that, if the Company makes any future change to the dispute resolution procedure and class action waiver provisions (other than a change to the Company's address), you may reject any such change by sending a letter to the Company within 15 days of the transition to the address provided above. By rejecting any future change, you agree that you will arbitrate any dispute between us by the language of this provision. Your letter must be postmarked by the applicable 15-day deadline to be effective. You are not required to send the letter by email or return the receipt requested, but it is recommended that you do so. Your request to be excluded will only be effective and enforceable if you can prove that the request was postmarked within the applicable 15-day deadline.
The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver or relinquishment to any extent of the Company's right to assert or rely upon any such provision or right in that or any other instance, and the same shall be and remain in full force and effect. Suppose a court of competent jurisdiction finds any provision of these Terms, statute, rule, or otherwise to be invalid. In that case, the parties nevertheless agree that the remaining provisions shall not be affected thereby and shall continue in full force and effect. Such provision may be modified or severed from these Terms to the extent necessary to make such provision enforceable and consistent with the remainder of these Terms.
Except where otherwise specified, the Company may deliver notice to you using electronic mail, general information on the Site, or another reliable method.