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INTRODUCTION
Sharon’s Collection is dedicated to providing unique jewellery and gifts at its Toronto retail store location and through its website, www.sharonscollection.com (the “Website”). This Terms of Use Agreement (this "Agreement" or "Terms of Use Agreement") sets forth the legally binding terms for your use of the Website, which includes use of all content on our Website and the products and services provided through the Website. By using our Website, you agree to be bound by this Agreement, whether you are a "Visitor" (meaning that you simply browse our Website, including through a mobile device,) or you are a "Client" (meaning that you have placed an order on our Website and/or are a registered member of Sharon’s Collection). The term "User" refers to both Visitors and Clients.
The information contained in this Website is current to the best of our ability. This site is maintained and updated constantly to bring you the latest information online. Although we do our best, Sharon’s Collection cannot be held responsible for errors and omissions. We maintain the right to correct any and all errors and omissions when they do occur and we do not honor inaccurate or erroneous prices. Prices and information on our Website are subject to change without notice. All prices on our Website are in Canadian currency. Our Website is hosted and operated in Canada.
YOU ARE ONLY AUTHORIZED TO USE OUR WEBSITE (REGARDLESS OF WHETHER YOUR ACCESS OR USE IS INTENDED) IF YOU AGREE TO ABIDE BY ALL APPLICABLE LAWS AND THE TERMS OF THIS AGREEMENT. PLEASE READ THIS AGREEMENT CAREFULLY AND SAVE IT. THIS AGREEMENT IS ACCEPTED UPON YOUR USE OF THE OUR WEBSITE AND IS FURTHER AFFIRMED BY YOU BY PLACING AN ORDER AND/OR BECOMING A REGISTERED MEMBER OF SHARON’S COLLECTION. IF YOU DO NOT AGREE TO BE BOUND BY IT OR ANY OF THE LEGAL PROVISIONS APPLICABLE TO IT AND TO FOLLOW ALL APPLICABLE LAWS, YOU SHOULD LEAVE OUR WEBSITE.
This Agreement includes Sharon’s Collection Privacy Policy and Shipping and Return Policy, which are incorporated by reference. You may receive a copy of this Agreement by emailing Sharon’s Collection at: info@sharonscollection.com (Subject: Terms of Use Agreement).
TERMS & CONDITIONS
1. Amendments: Sharon’s Collection may modify this Agreement from time to time and such modification shall be effective upon posting by Sharon’s Collection on our Website. Your continued use of our Website after Sharon’s Collection posts a revised Agreement signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
2. Interpretation:
(a) Headings – The division of this Agreement into articles, sections, paragraphs, subsections and clause and the insertion of headings are for convenience of reference only and do not affect the construction or interpretation of this Agreement.
(b) Capitalized Terms – Each capitalized term has the meaning given to it in this Agreement.
(c) Additional Terms & Conditions – In order to use certain parts of our Website, purchase certain Sharon’s Collection products, or use certain Sharon’s Collection services, you may be required to agree to additional terms and conditions from Sharon’s Collection. Unless otherwise provided by the additional terms and conditions applicable to services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.
3. Eligibility: (a) Representations & Warranties – In consideration of your use of our Website, you represent and warrant that: i. you are of legal age to form a binding contract or are at least fourteen (14) years of age and have parental consent to enter in this Agreement;
ii. you are not a person barred from receiving services under the laws and regulations of Ontario, Canada or other applicable jurisdictions;
iii. you will provide true, accurate, current and complete information about yourself when prompted on our Website or when you communicate with us in any way (such information being the "Client Information");
iv. you will maintain and promptly update the Client Information to keep it true, accurate, current and complete.
(b) IF YOU ARE BETWEEN 14 AND 18 YEARS OF AGE, A PARENT OR LEGAL GUARDIAN MUST ASSIST YOU AND SUPERVISE YOU WHEN REGISTERING AS A MEMBER AND/OR PLACING AN ORDER ON OUR WEBSITE. IF YOU ARE UNDER THE AGE OF EIGHTEEN AND DO NOT HAVE THE CONSENT OF YOUR PARENT OR LEGAL GUARDIAN TO REGISTER AS A MEMBER OF SHARON’S COLLECTION AND/OR PLACE AN ORDER ON OUR WEBSITE, YOU ARE NOT PERMITTED TO DO SO.
(c) Sharon’s Collection allows a User to register as a member of Sharon’s Collection (a “Client Account”). Sharon’s Collection has the right to refuse, suspend or terminate your Client Account and/or to refuse any and all current or future use of our Website, without warning, if we believe that you are:
i. under 14 years of age,
ii. under 18 years of age and you represent yourself as 18 or older or do not have parental consent, or
iii. you are over 18 years of age and represent yourself as under 18 years of age.
(d) Sharon’s Collection has the right to refuse, suspend or terminate your Client Account and/or to refuse any and all current or future use of our Website if you provide any information that is untrue, inaccurate, not current or incomplete, or Sharon’s Collection has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete.
(e) Use of our Website to become a Client is void where prohibited.
(f) Use of our Website and registration to become a Client is confirmation of your age and acceptance of the terms and conditions as set out in this Agreement.
4. Term: This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use our Website or are a Client, and shall remain in effect even after your Client Account is terminated.
5. Termination of Client Account: You may terminate your Client Account at any time, for any reason, by sending us an e-mail at info@sharonscollection.com. Sharon’s Collection may terminate your Client Account at any time, for any or no reason, with or without prior notice or explanation, and without liability. Sharon’s Collection expressly reserves the right to refuse, suspend or terminate your Client Account and/or deny, restrict, suspend, or terminate your access to all or any part of our Website if Sharon’s Collection determines, in its sole discretion, that you (i) have violated this Agreement, (ii) pose a threat to Sharon’s Collection and/or its Users and/or (iii) have violated any applicable law. If Sharon’s Collection terminates your Client Account because you have breached the Agreement, you shall not be entitled to the refund of or compensation for any unused coupons, credits, or gift certificates.
6. Prices and Content: You acknowledge and agree that Sharon’s Collection reserves the right change its prices and any information or content on the Website from time to time in its discretion and without notice.
7. Coupons: Sharon’s Collection may offer coupons that may be redeemed online when placing an order. Sharon’s Collection reserves the right to retract any coupon, without compensation of any kind, at any time and without notice. Only one coupon can be used per order. A coupon cannot be combined with other coupons when placing an order. Coupons cannot be exchanged, refunded, replaced or redeemed for cash.
8. Access to, and Preservation & Disclosure of Information: You acknowledge and expressly consent to Sharon’s Collection accessing, preserving, and disclosing your Client Information if required to do so by law or in the good faith belief that such access, preservation or disclosure is reasonably necessary to (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that you have violated the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property, or personal safety of Sharon’s Collection, its Users and the public.
9. Passwords & Security: When you register to become a member of Sharon’s Collection (i.e., when you create your Client Account) you will be asked to choose a "Username" and password.
(a) You are solely responsible for any and all use of your Client Account.
(b) You are solely and entirely responsible for maintaining the confidentiality of your password.
(c) You agree not to use the account, Username or password of another Client at any time and not to disclose your password to any third party.
(d) You agree to notify Sharon’s Collection immediately if you suspect any unauthorized use of your Client Account or access to your password.
(e) You agree to log out of your account at the end of each session.
10. Proprietary Rights: You acknowledge and expressly agree that our Website and any and all content and materials associated with our Website ("Content") are owned by Sharon’s Collection, and are protected by applicable intellectual property and other laws and that Sharon’s Collection owns and retains all rights in the Content. Except as provided for in this Agreement, you shall not modify, rent, lease, loan, sell, distribute or create derivative works based on the Content, in any manner, and you shall not exploit the Content in any unauthorized way whatsoever.
11. Client Concerns: If you have difficulty using our Website, please refer to our Frequently Asked Questions, Shipping and Return Policy, and our other policies available on our Website. You may also contact us at info@sharonscollection.com.
12. Prohibited Activity: Sharon’s Collection reserves the right to investigate and take appropriate legal action against anyone who, in Sharon’s Collection’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
(a) criminal, tortious or other unlawful activity, harassment, "spamming", sending of viruses or other harmful files, infringement of intellectual property rights;
(b) activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
(c) circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any aspect or part of our Website;
(d) forging headers or otherwise manipulating identifiers in order to disguise the origin of any Content transmitted;
(e) any automated use of the system;
(f) interfering with, disrupting, or creating an undue burden on the Website;
(g) impersonating or attempting to impersonate another Client, person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
(h) copying the code related to the Website, unless expressly permitted to do so;
(i) using the account, Username, or password of another Client at any time or disclosing your password to any third party or permitting any third party to access your Client Account;
(j) selling or otherwise transferring any of our products or services;
(k) using any information obtained from our Website in order to harass, abuse, or harm another person or entity, or attempting to do the same; or
(l) using our Website in a manner inconsistent with any and all applicable laws and regulations.
13. Privacy: Use of the our Website is governed by this Agreement and by Sharon’s Collection’s Privacy Policy, which is incorporated into this Agreement by this reference and is an integral part of this Agreement.
14. Disclaimers: Your use of the our Website is at your sole risk. This Website is provided on an "as is" basis without any warranties of any kind.
(a) Downloaded Content – Any material downloaded or otherwise obtained through the use of our website is done at your own discretion and risk and you are solely and entirely responsible for any damage to your computer system or loss of data that results from the download of any such material.
(b) User Conduct – Sharon’s Collection is not responsible for the conduct, whether online or offline, of any User of our Website.
(c) Links, Websites & Resources – Sharon’s Collection and/or third parties may provide links to other World Wide Web sites or resources. Inclusion of any link or resource on the our Website does not imply the approval or endorsement of Sharon’s Collection. When you access such sites or resources, you do so at your own risk. Sharon’s Collection has no control over third party websites and resources and such websites and resources are not necessarily investigated, monitored or checked for accuracy or completeness by Sharon’s Collection. You acknowledge and expressly agree that Sharon’s Collection is not responsible for the availability of such external sites or resources, and that Sharon’s Collection does not endorse and is not responsible or liable for any content, advertising, products, opinions or other materials on, or available from or through such sites or resources. You further acknowledge and expressly agree that Sharon’s Collection is not 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 site or resource.
(d) Third Party Advertisers & Applications – Sharon’s Collection and/or third parties may create and/or otherwise provide advertisements and applications to Users. Sharon’s Collection takes no responsibility for third party advertisements or applications that are created and/or posted on or through our Website, nor does it take any responsibility for the goods or services provided by its advertisers. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through our Website, including payment and delivery of related goods or services, and any other terms, representations, warranties or conditions associated with such dealings, are solely between you and such advertiser. You agree that Sharon’s Collection is not responsible or liable for any loss or damage of any sort incurred as a result of such dealings or as a result of the presence of third party advertisers on our Website.
(e) Communications – Sharon’s Collection assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication (whether via the Internet, telephone, "wireless" or any other method of communication).
(f) Technical Issues / Traffic Congestion – Sharon’s Collection is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or our Website, or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation in or use whatsoever of our Website.
(g) Damages – Under no circumstances shall Sharon’s Collection be responsible for any loss or damage, including personal injury or death, resulting from use of our Website, from any content posted on or through our Website, or from the conduct of any Users of our Website, whether online or offline.
(h) Merchantability & Particular Purposes – All products sold by Sharon’s Collection are provided "as is" and "as available" and Sharon’s Collection expressly disclaims any and all warranties, representations and conditions of any kind, whether express or implied, including but not limited to any/all implied warranties, representations and conditions of merchantability, fitness for a particular purpose and non-infringement. Sharon’s Collection cannot guarantee and does not promise any specific results from use of the our Website.
(i) Advice & Information – No advice or information, whether oral or written, obtained by you from Sharon’s Collection shall create any new warranty, representation or condition.
(j) General – SHARON’S COLLECTION MAKES NO WARRANTY THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED.
15. Limitation of Liability: YOU UNDERSTAND AND EXPRESSLY AGREE THAT IN NO EVENT SHALL SHARON’S COLLECTION BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFIT, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SHARON’S COLLECTION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (i) THE USE OR THE INABILITY TO USE THE WEBSITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SHARON’S COLLECTION LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SHARON’S COLLECTION FOR PRODUCTS PURCHASED ON OUR WEBSITE WHILE YOU HOLD AN ACTIVE CLIENT ACCOUNT. 16. Jurisdictional Exclusions & Limitations: SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, REPRESENTATIONS AND CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 14 AND 15 MAY NOT APPLY TO YOU.
17. International Use: Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Canada or the country in which you reside. 18. Disputes – Governing Law, Jurisdiction & Attornment: The Agreement shall be governed by, and construed in accordance with, the laws of the Province of Ontario, without regard to its conflict of law provisions. You expressly agree to submit to the exclusive jurisdiction of the courts located within the Province of Ontario to resolve any dispute arising out of the Agreement or use of the Website.
EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY OR TO PARTICIPATE IN CLASS PROCEEDINGS IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
19. Indemnity: You agree to indemnify and hold Sharon’s Collection and its subsidiaries, affiliates, directors, officers, agents, partners and employees harmless from any loss, liability, claim, or demand, including reasonable legal fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Website, your use of the Website, your violation of this Agreement, or your violation of any rights of another.
20. No Resale of the Sharon’s Collection Products: You agree not to reproduce, duplicate, copy, sell, trade, or exploit for any commercial purposes, any of Sharon’s Collection’s products or content on the Website (including, but not limited to, the Username and/or password associated with your Client Account and any/all Sharon’s Collection coupons or gift certificates).
21. General:
(a) Independent Legal Advice – The parties each acknowledge having read, understood and agreed with all of the provisions of this Agreement and have signed it of their own free will and without any form of duress being exerted upon any of them by the others, and each acknowledge having had the opportunity to obtain independent legal advice with respect to it and that they have each either received or expressly waived same.
(b) Acceptance – This Agreement is accepted upon your use of the Website and is further affirmed by you by becoming a Client.
(c) Language – The parties hereto have agreed that this Agreement and any of its accessories, including notice, be written in the English language. / Les parties aux présentes ont exigé que ce contrat et ses accessoires, y compris tout avis, soient rédigés en anglais.
(d) Waiver – Neither you nor Sharon’s Collection is to be deemed to have waived the exercise of any right that it holds under this Agreement, at law or in equity, unless such waiver is made in writing. No waiver made with respect to any instance involving the exercise or non-exercise of any such right is to be deemed to be a waiver with respect to any other instance involving the exercise or non-exercise of the right or with respect to any other such right.
(e) Severability – In the event any provision of this Agreement, as amended from time to time, is deemed invalid or void, in whole or in part, by any court of competent jurisdiction, such invalidity or unenforceability attaches only to such provision or part thereof and the remaining terms and provisions of this Agreement remain in full force and effect.
(f) No Right of Survivorship and Non-Transferability – You agree that your Client Account is non-transferable and any rights to your Username, password and Client Account terminate upon your death. Upon receipt of a copy of a death certificate, your Client Account may be terminated and all Client Information permanently deleted.
(g) Statute of Limitations - You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or related to this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
(h) Further Assurances – You agree to use reasonable efforts to do, make, execute, deliver, or cause to be done, made, executed, or delivered, all such further acts, documents, and things as Sharon’s Collection may reasonably require from time to time for the purpose of giving effect to this Agreement, including regularly reviewing the Terms of Use Agreement and updating your registration information.
22. Acknowledgement / Entire Agreement: YOU ACKNOWLEDGE AND EXPRESSLY AGREE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE FURTHER TO BE BOUND BY ITS TERMS AND CONDITIONS, AS AMENDED FROM TIME TO TIME. FURTHER, YOU ACKNOWLEDGE AND EXPRESSLY AGREE THAT THIS INSTRUMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND SHARON’S COLLECTION, WHICH SUPERSEDES ALL PROPOSALS OR PRIOR AGREEMENTS, ORAL OR WRITTEN, AND ALL OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE SUBJECT-MATTER OF THIS AGREEMENT.
Please contact Sharon’s Collection at info@sharonscollection.com if you have any questions, comments or concerns regarding this Agreement.
__________________________________________________________ This Terms of Use Agreement was last updated on June 17, 2008.
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