Terms of use

TERMS OF USE OF ETIK & CO

Please read the terms of use carefully (hereinafter “Terms of Use”) below. Etik & Co is a company specialized in the online sale of clothes, shoes and fashion accessories resulting from equitable trade (hereinafter “Etik & Co”).

By deciding to use the Web site and services of Etik & Co, the people using (hereinafter the “User” and the “Users”) the Web site accepts without delay all the terms of condition indicated below that govern the content and the running of the Web site and the services, as well as the interaction between Users. Users also accept the Privacy Policy and the Terms of Sales of Etik & Co.

These Terms of Use have the effect of legally binding the User and Etik & Co (hereinafter the “Parties”). The Parties are entitled to invoke this Agreement and to take all appropriate and necessary measures to enforce it.

By ceasing to use the Web site and deleting his account, the User will no longer be bound by the Terms of Use and other policies, unless fees are due to Etik & Co.

 

THE ACCOUNT

The User proceeds to his registration on the website. The User will receive a confirmation of his registration by email.

Following the confirmation email, the User will obtain a strictly personal account (herein the “account”) and will be responsible for keeping his information up-to-date.

Any exchange, resale, rental, or use by anyone other than the account holder is strictly prohibited and will prompt Etik & Co to close the account without delay.

Etik & Co offers each User an Account used for identification, transactional and contractual purposes between the User and Etik & Co only.

Users may close their Account at any time by using the Web site, subject to any amounts that may be due.

 

TYPE OF USER AND TERMS OF CONDITIONS

A User must be 18 years old and over.

The User is a person using the Web site in order to benefit from the service of Etik & Co. The User must comply  with the Terms of Sales and with the legislation applicable to the use of Etik & Co.

 

ACCESS TO THE WEB SITE

The Web site is accessible on the internet and functional on all browsers.

 

USE OF THE WEB SITE

The User accepts and recognizes that Etik & Co has the right, at any moment and without previous notice, to modify, change or update the Terms and Condition. Etik & Co does not guarantee that the Web site, or any portion thereof, will function on any particular hardware or devices. In addition, the Web site may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

Etik & Co reserves the right to add, delete and modify all content on the Web site, except for the specific content of the User. Etik & Co cannot be held responsible for mistakes, typographical errors or bugs.

The User agrees, non-restrictively, to not:

a) Use the Web site in a way that could harm, put out of service, surcharge or jeopardizes the Web site;

b) Disrupt the security or otherwise abuse of the Web site or any service, system resources, server or network linked to the Web site or to websites affiliated, linked to or accessible from the Web site;

c) Disturb or disrupt the use or the enjoyment by other users of the Web site or websites affiliated or linked to the Web site;

d) Download, display or otherwise provide on the Web site a virus or any other file or computer program that is harmful, disrupting or destructive;

e) Use a robot, spider or any other automatic device or manual method to control or copy pages or content of the Web site;

f) Use the Web site to send e-mail chains, «junk mail» or any other type of unsolicited mass e-mail; and

g) Attempt to obtain unauthorized access to the Web site or to certain parts of the Web site with limited access. Moreover, the User recognizes that he is the sole person responsible for any action, communication engaged or sent to him or from him. He agrees to respect the legislation applicable to his use of and his activities on the Web site.

 

PROPERTY, TRADEMARK AND COPYRIGHT

Etik & Co has the exclusive rights of ownership over its Web site and content.

Certain names, words, titles, expressions, logos, icons, graphs, drawings, domain names or other things displayed on the Web site are deposited or non-deposited trademarks, service marks or commercial designations (for the means of the following terms and conditions, they are all designated by the word «trademark»). Those trademarks could be protected by Canadian and foreign laws applicable to trademarks constitute the property of Etik & Co.

Without limiting their coverage, the trademarks belonging to Etik & Co include, non-exhaustively, the following elements:

  • All logos;
  • Drawings;
  • Graphs;
  • Marks (deposited or not);
  • Symbols as well as the general content on the Web site.

The platform, content published on the Web site, including all associated intellectual property rights remain the exclusive property of Etik & Co and/or its licensors or third parties having granted an authorization, and are protected by the applicable laws. Indeed, Suppliers undertake to grant a non-exclusive and international licence for the benefit of Etik & Co on all the information related to Services published. This licence remains valid as long as Supplier remains registered on the platform.

Except when provided otherwise, the information cannot be copied, displayed, distributed, downloaded, exploited with a licence, modified, published, reproduced, reused, sold, transmitted or used for derivative works means, public or commercial, without Etik & Co express and written authorization. The information is protected under Canada’s copyright and trademark legislation as well as under the copyright and trademark legislation of the countries hosting the Web site.

You can use the information on the Web site exclusively for your own personal and non-commercial use, provided that you indicate on the copies mentions regarding copyrights as well as the notices and attributions of the respective trademarks. The Terms and Conditions allow you to have restricted authorization regarding your consultation, the display on your computer, the download and printing of text or pictures presented on the Web site. This authorization is strictly for non-commercial, personal and educational uses, provided that the Web site’s content is not modified. This authorization belongs only to you and cannot be attributed or transferred to anyone else neither can it be subject to a sublicence. The pictures and the text contained on the Web site that are downloaded, copied, saved or printed are still subject to the Terms and Conditions. You need to assure yourself that all the notices regarding copyrights and trademarks are still on them. The Web site’s content can be modified at all times without warning. For further information regarding the authorization to use, reproduce or publish again any information displayed on the Web site, please contact us at the following e-mail address: [email protected]

No provision of this convention shall be interpreted as conferring, by implication, estoppel or otherwise, a licence or any kind of entitlement regarding copyrights or trademarks.

Unauthorized download, broadcast, copy or modification of the trademarks or data contained in the Web site can breach federal laws or other laws regarding trademarks or copyrights. Such breach can expose the user to a lawsuit.

 

EXTERNAL LINKS

It is possible that by using a link, you exit the Web site to access providers’ website or contents (hereinafter referred to as « external links »). In addition to its own content, Etik & Co provides on its Web site links to other websites only for user-friendly and informative purposes. Etik & Co has no control over the content of those websites and is not responsible for their accuracy, precision, comprehensiveness, authenticity, actuality or adequacy regarding a determined objective. Etik & Co is also not responsible for any direct or indirect damage or consequence regarding content use. Etik & Co has no influence on the content to which the links refer to and is not responsible for their careful selection or for the external links’ content, particularly when the content has been modified since the implementation of the link. Etik & Co does not require the transmission of information, does not select nor modify the information transmitted and does not select the recipients of the information transmitted. Furthermore, under links’ creation and consultation method in effect, Etik & Co does not subject to the external links to any intermediary short-term automatic safeguard. Consequently, the owners of the websites accessible from the external links remain responsible for their content.

Furthermore, Etik & Co does not guarantee the absence of copyright, trademark or any other rights violations by those websites or their content. Etik & Co does not guarantee the absence of viruses or any other harmful composites on those websites or on their content. Etik & Co also does not guarantee the accuracy of documents available on Internet.

 

SOCIAL MEDIA

The following conditions are applicable when you access a social media page, an account, a website, network or any application contained in them that was created and is managed by a social media (hereinafter individually and collectively referred to as a « Social media »).

 

General statement

By using Social media pages and by submitting a comment, a picture, a video or any other element, you (as well as your parent/legal guardian is you have not reached the age of majority according to your territory or province of residence) agree to be bound by and to obey the Terms and Condition, Etik & Co privacy policy as well as Social media providers’ terms and conditions.

 

USE OF SOCIAL MEDIA

Some comments and other elements displayed on Social media pages could not represent Etik & Co opinions and the general policy. Consequently, you agree not to publish or submit information, publications, links or any other element that fit in either one of the categories listed below on Social media pages:

  • Any defamatory content;
  • Offensive;
  • Obscene;
  • Misleading;
  • Illegal;
  • Violating in any other way the rights of others (including privacy rights);
  • Any advertising content;
  • Promotional documents or any other form of undesired solicitation;
  • Any content whose origin or source is falsified;
  • Any financial or personal information about you or anyone else; and
  • Any information that Etik & Co would judge to be a breach or its Terms and Conditions or general policy.

Any information, message, link or element that, according to us, enter in either one of the categories listed above will be deleted without engaging the Etik & Co liability.

Etik & Co is not liable for entities detaining or exploiting Social media, particularly for any loss, direct or indirect damage deriving from any measure or decision taken by you or anyone else regarding the use of Social media.

 

DISCLAIMER, EXCLUSION OF WARRANTY AND INDEMNITY

(Restriction apply for Quebec Consumer) Etik & Co does not guarantee the accuracy, completeness, quality, suitability or content of the information on its Web site. This information is provided “as is” without warranty of any kind, either expressed or implied, including, but not limited to, the implied terms and warranties of merchantability and fitness for a particular purpose, unless otherwise stated in jurisdictions that do not allow the exclusion of implied warranties, as contemplated in the province of Quebec with the Consumer Protection Act.

Each User is responsible for the content they exchange on the Web site and may not use the Web site for purposes contrary to the laws applicable in Quebec and Canada.

Etik & Co is not responsible and does not offer any insurance or guarantee to Users of the Web site in case of direct, indirect, special, incidental and consequential damages, or any other damage of any kind, physical, moral or material caused by the use of the Web site or its hacking or use of Etik & Co’s service. Damages caused by the User, such as, without limitation, damage to a vehicle, or others, will be the responsibility of the User responsible for the damage. In no event shall Etik & Co be liable or should compensate such damages to anyone.

Etik & Co shall not be liable for any direct, indirect, special, incidental or consequential damages, or any other damages whatsoever, including loss of income, profits or anticipated economic benefits from the use or inability to use the Web site or Etik & Co’s service, the information, documents and software contained therein, with their content, even if Etik & Co has been warned of the possibility of such damages or even if such damages may be reasonably foreseen.

As a User, you will indemnify Etik & Co, its directors and employees, and release them from all liability for any and all claims, liabilities, losses and fees (including legal fees) attributable to the use of the Web site and Etik & Co’s service and/or the violation of these Terms of Use, whether this infringement is on your behalf or any other third-party user of your account.

 

APPLICABLE LAWS AND DISPUTE RESOLUTION

The Web site and its content are managed by Etik & Co from their Canadian offices. The Web site, its content, the Terms and Conditions and your use of the Web site are regulated by the applicable Quebec and Canadian legislation, without giving effect to no principle regarding conflicts of laws.

(Non-applicable to Users from Quebec) Except as otherwise provided in these Terms of Use, any dispute or claim relating in any way to your use of the Web site or to any Service performed by Etik & Co will be resolved at Etik & Co’s choice, by binding arbitration or by a civil court in the District of Montreal.

(Applicable to Users from Quebec) Any litigation that may arise between Etik & Co and its Users will be submitted to the appropriate courts in the District of Montreal.

 

AMENDMENTS TO THESE TERMS

Etik & Co reserves all rights to modify or complete the hereby Terms and Conditions, at its own discretion. If we modify the hereby instrument, we will post the amendments on our Web site. The use of the Web site by the User after such modification means that the User consents to respect the Terms and Conditions as modified and to be legally bound by them.

If the User does not accept these Terms of Use or, as the case may be, the Terms of Use as modified from time to time, he must not use  Etik & Co. Users wishing to cancel their contract for this cause may then send a written notice to Etik & Co and will not incur any administrative fees or penalty fees, if the changes bring more obligations to Users, or decrease Etik & Co’s obligations.

 

FRENCH AND ENGLISH LANGUAGE

 If a problem of definition or interpretation arises between the English and French versions of this policy, the French version shall prevail.

 

CONTACT PERSON

If you have any questions or comments regarding any content of the Web site, please contact us at [email protected] or by phone at (438) 820-6170.

 

Last update done on February 27th 2018.