Website general terms of use

Last update: December 12, 2016

Welcome to the website http://ofelia.ca (the “Website”) of EFG Apparel Inc. (“we”, “our”, “us”) having its head office at 3335 Pitfield Boulevard, Montreal, Quebec H4S 1H3, Canada.

The following terms of use (“Terms of Use”) govern your rights and obligations with regard to your use of this Website. These Terms of Use constitute a binding agreement between us, owner of all rights related to this Website, and you. Please read these Terms of Use carefully. By accessing this Website, you acknowledge and agree to these Terms of Use. If you do not accept these Terms of Use, please do not access or browse this Website.

We reserve the right to update or otherwise modify these Terms of Use if necessary. When applicable, these modifications will be effective immediately and will be incorporated to these Terms of Use upon notice thereof, which may be posted, without limitation, on the Website’s homepage or at the beginning of the updated Terms of Use. Your continued use of the Website following such notice shall be deemed to constitute an acceptance of the updated Terms of Use.

Our Privacy Policy completes these Terms of Use and is an integral part thereof, and they both govern your use of the Website.

INTELLECTUAL PROPERTY

All rights, titles and interests to the Website are our exclusive property. This Website is protected under the applicable intellectual property laws, including, without limitation, the Copyright Act, the Trade-Marks Act and other domestic and international intellectual property laws. Under these Terms of Use, you agree not to copy, modify, reproduce, display publicly, communicate, sell, create derivative work from or use material, in whole or in part, in any way, or use or access material or distribute Website content for commercial purposes or otherwise use the Website or create work or websites derived from the Website.

Trademarks, logotypes, services trademarks and distinguishing guises on the Website (collectively the “Trademarks”) are registered marks owned by us, belong to us under common law as a result of their use or are used under license with their owner’s authorization, as the case may be. Any use or reproduction of a Trademark is prohibited without EFG’s prior written express consent. No information or content on this Website can be interpreted as granting, directly or indirectly, any authorization or right whatsoever to use one of the Trademarks without our prior written consent or any Trademark owner.

You may copy, display privately and print, occasionally, a paper copy of the pages on this Website, for your personal non-commercial use only. You must keep any legal notice regarding copyright and trademark rights or any other ownership notice that is on the material. Use of such material on another website or in any environment composed of networked computers is strictly forbidden. If you violate any of these Terms of Use, your authorization to use the Website shall automatically be revoked and you will have to erase or eliminate any downloaded or printed content.

PROHIBITIONS

To use this Website, you must agree not to:Access or use Website sections or our computer systems that are not publicly available;

• Attempt to probe, explore or assess the vulnerability of the Website, a system or a related network or violate security measures;

• Modify, move, delete or otherwise add something to this Website or attempt to decrypt, decompile, disassemble, reverse engineer, use or otherwise extract software used to provide the Website;

• Harm or attempt to harm other users in any way whatsoever or hinder or try to hinder the access of a user, host or network, including, without limitation, by transmitting a virus to the Website; and

• Misuse the Website or use it in a manner contrary to its intended purpose, its documentation or our reasonable directives.

We have the right to investigate any violation mentioned above and institute legal proceedings, including, without limitation, intellectual property rights violation or possible security breaches, to the full extent of the law. We may ask the help of and collaborate with law enforcement to institute legal proceedings against users who violate these Terms of Use. You recognize that, although we are not required to monitor your access to or use of the Website, it may do so when operating the Website to ensure compliance with these Terms of Use or to comply with applicable laws or the ruling or requirements of a competent court.

HYPERLINKS AND THIRD PARTIES

The Website may include links to other websites, platforms or resources on the Internet. By clicking on such hyperlinks, you leave our Website. The Website may also provide options to share or post on social networks, which are completely independent from the Website. By using any link or feature related to a social network or third-party website, you agree that your use of these third-party sites is subject to the applicable policies and terms of use of said third parties.

We may also integrate advertising or commercial information to the Website. This information may come from us or a third party. It is understood that the commercial content posted on this Website does not represent a recommendation or endorsement from us to buy the advertised products or services.

Please be aware that we do not control third-party websites or platforms. We are not liable for, offers no warranty of accuracy, security or other and does not endorse the content of third-party websites in any way. The fact that these websites are listed on the Website does not incur our liability.

LIMITATION OF LIABILITY AND WARRANTY

WE provide the website and Content contained therein for an “as is” and “as available” use. We disclaim all warranties and representations, either expressed or implied, with respect to the Website and its content, including without limitation, any warranty of merchantability and fitness for a particular purpose and any warranty regarding the Website’s features, quality, non-infringement, title, compatibility, performance, security or accuracy.

The information provided by the Website is by its nature changing and may be inaccurate, incomplete or out of date. EFG does not warrant the accuracy or reliability of the information. you acknowledge and agree to assume the sole, complete and exclusive responsibility for the use of the Website. EFG exerts reasonable efforts to provide a high-quality website and content. However, we do not warrant that the Website will be uninterrupted, always available, or free of errors or any harmful content, protected from unauthorized access or against damages, free of failures, bugs or breakdowns, including, without limitation, material breakdowns from either EFG or its suppliers.

WE, its officers, directors, shareholders, employees, subcontractors and agents shall not be held liable for any direct, indirect, accessory, damage or any other damage or loss (including loss of profit or data), costs and expenses and payments, arising from or in relation with the use or inability to use this Website, or any failure, error or breakdown in the Website operation or any other mistake or error made by our employees or any person acting on their behalf, or your reliance on the Website content, including content from third parties. in no event shall EFG’s full, total and maximum liability for damages suffered exceed the sum of one canadian dollar ($1).

INDEMNIFICATION

Subject to any provisions of any applicable law, you agree to indemnify and hold harmless we and our employees, officers, directors and agents should you violate these Terms of Use or use this Website illegally. Such indemnity shall cover all expenses, payments, losses, losses of profits or any other damage, direct or indirect, monetary or not, incurred by us, its employees, officers, directors or agents, including, without limitation, legal expenses and lawyers’ fees.

Website Modification

We reserve the right at all times to modify or suspend, temporarily or permanently, the Website (in whole or in part), with or without prior notice. You agree that we are not liable to you or to any third party for any modification, suspension or interruption of the Website, in whole or in part.

RELATIONSHIP BETWEEN PARTIES

No provision in these Terms of Use shall constitute a partnership or corporation between us and you or between us and any third party, including, without limitation, any third party advertiser.

WAIVER AND SEVERABILITY

Our failure to exercise or enforce any right or provision herein shall not constitute a waiver of its right or the provision. If, for any reason, a court of competent jurisdiction rules that any provision or section of these Terms of Use is unenforceable, the parties nonetheless agree that the court should endeavour that the parties’ intentions, as reflected by said provision, have full force and effect and the remainder of the Terms of Use shall continue to be fully enforceable and in effect.

GOVERNING LAW AND JURISDICTION

These Terms of Use are governed exclusively by the applicable laws of the province of Quebec and federal laws applicable therein. Any dispute, recourse or claim arising from or in relation to these Terms of Use or use of the Website or its content shall be settled through good faith negotiations between the parties. If such negotiations were unsuccessful, such dispute, recourse or claim must be submitted to the exclusive jurisdiction of the competent courts in the judicial district of Montreal, province of Quebec, Canada.

CONTACT US

If you have any questions regarding these Terms of Use or if you wish to have more information on the Website, please contact us at the following address: info@eurostylefashion.com. We will do our best to answer promptly.