Last Updated: August 9, 2016.
3. Permissible Users
You may not use the Website if you are under the age of majority in the jurisdiction in which you live (which in most jurisdictions is either 18 or 19 years of age) or if you cannot form legally binding contracts under applicable law. If you are under the age of majority, then your parent or legal guardian may use the Website on your behalf. If you use the Website, you represent that you have the capacity to be bound by this Agreement.
4. Acceptable Use
The Website and its content may not be copied, reproduced (except for printing in accordance with this section), imitated, republished, translated, uploaded, posted, publicly displayed, transmitted, modified, indexed, catalogued, mirrored, or distributed in any way, in whole or in part, for any purpose whatsoever, without the express prior written consent of Vestis.
You may print Website pages for your personal, non-commercial informational purposes only, provided that you do not modify any of the pages or other content and you do not remove or alter any visible or non-visible identification, marks, notices or disclaimers.
5. Provision of Information and Personal Information Privacy
You will ensure that all information you provide to Vestis, through the Website or otherwise, including account information (including your legal name, residential address, e-mail address), payment information (including your credit card numbers and their expiration dates), and transaction-related information, is true, accurate, current, and complete. Vestis will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage and additional costs that you, Vestis or any other person may incur as a result of your submission of any false, incorrect, or incomplete information or your failure to promptly update your account information and payment information if they change.
6. Additional Terms and Conditions
Additional terms and conditions and policies (collectively, the "Additional Terms and Conditions") apply to purchases of products and services through the Website and to specific portions, features or services (such as contests and other promotions) of or offered through the Website. Without limiting the generality of the foregoing, these include
Shipping and Delivery Terms and Conditions
Payment and Security Terms and Conditions
Return and Exchange Terms and Conditions
7. Ownership of Website, Content and Trademarks
The Website and its content (including all text, graphics, interfaces, images, video, sounds, music, media, artwork, designs, computer code, data, and other elements available on or through the Website, and the design, structure, selection, arrangement, and look and feel of those items, and the Website as a whole) are owned solely by Vestis and its licensors and content providers, and are protected by Canadian and international copyright, trademark, and other laws. Your use of the Website does not transfer to you any right, title or interest in, to or associated with the Website or its content.
TEMPO, TEMPOITALY, VESTIS and VESTIS FASHION GROUP INC. and related logos are registered or unregistered trademarks, service marks, and trade names owned or licensed by Vestis and its affiliates. Other product and company names and logos appearing on the Website may be registered or unregistered trademarks, service marks or trade names of their respective owners. Any use of the trademarks, service marks or trade names displayed on the Website is strictly prohibited, and nothing appearing on the Website will be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of those trademarks, service marks or trade names.
You agree that you will not submit to Vestis any information or ideas that you consider to be confidential or proprietary. Any feedback or unsolicited ideas, suggestions, or other materials (including ideas for new advertising or marketing campaigns, or promotions, new or improved products or services, or new product names or branding) that you send to Vestis (collectively "Feedback") are deemed to be non-confidential, you automatically grant to Vestis and its successors, assigns, and licensees a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sublicensable right and license to use and exploit the Feedback or any ideas, concepts, know-how, or techniques associated with the Feedback in any manner and for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing any compensation or attribution to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties, and you automatically waive in favour of Vestis and its successors, assigns, and licensees any and all moral rights in the Feedback.
You authorize Vestis to: (a) accept communications it receives from you by means of the Website as if those communications had been given directly by you in writing and signed by you; and (b) respond to your communications through the Website, by e-mail or other means of communication.
Communications you send to Vestis are not effective unless and until they are processed by the responsible Vestis representative. Vestis may refuse to process any communications sent to Vestis, or may reverse the processing of any communications sent to Vestis, at any time in Vestis’ sole discretion, and without any notice or liability to you or any other person, including if Vestis believes the communication to be fraudulent or unlawful or defective, inaccurate or incomplete due to a technical malfunction.
10. Misprints and Errors, Product Availability and Prices
Vestis endeavours to provide current and accurate information on the Website, but misprints, errors, inaccuracies, omissions (including incorrect specifications for products), or other errors may sometimes occur. Vestis cannot guarantee that products and services advertised on the Website will be available when ordered or thereafter, and does not warrant that the content of the Website (including product descriptions, photographs, and colours) is accurate or complete. Please note that although Vestis attempts to display colour of the products shown on the Website as accurately as possible, we cannot guarantee that the colour you see matches the product colour, as the display of colour depends, in part, upon the type of computer monitor used by you.
Vestis reserves the right to: (a) correct any error, inaccuracy, or omission at any time without prior notice or liability to you or any other person; (b) change at any time the products and services advertised or made available for sale on the Website, the prices, fees, charges, and specifications of those products and services, any promotional offers and any other Website content without any notice or liability to you or any other person; (c) refuse any order you place; and (d) limit quantities available for sale or sold. The advertisements on the Website are invitations to make offers to purchase products and services and are not offers to sell. All prices and other amounts appearing on the Website are quoted in Canadian dollars.
11. Account Information
To access and use certain features and services of the Website you must have a valid Website account and use a valid user name and password (collectively "Access Credentials") accepted by Vestis. Accounts and Access Credentials are personal, and may not be shared.
You are fully responsible and liable for maintaining the confidentiality of your account information and Access Credentials and for any and all use and misuse of your account and Access Credentials (including all transactions and orders using your account or Access Credentials) and for all resulting loss and damage. You may not disclose your Access Credentials to any other person or permit any other person to use your account or Access Credentials. You will immediately notify Tempo’s Customer Service team by e-mail to firstname.lastname@example.org if you discover any unauthorized use of your account or you know or suspect that your Access Credentials have been lost or stolen or become known to or used by any other person. Vestis will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Vestis is not under any obligation to verify the actual identity or authority of any person using your account or Access Credentials. Vestis may act upon any communication that is given through your account or by using your Access Credentials.
Access Credentials do not restrict access by Vestis to password-protected information. Access Credentials may not prevent unauthorized access to data or other information. Vestis may in its sole discretion cancel or suspend your account or change your Access Credentials at any time without any notice or liability to you or any other person.
Vestis may in its sole discretion at any time require proof of the identity of any person seeking to access and use the Website, and may deny access to and use of the Website or parts of it or refuse to accept or act upon any communication if Vestis is not satisfied with the proof.
12. Third Party Sites
The Website may provide links or references to other Internet sites, applications or resources and businesses operated by other persons (collectively "Third Party Sites"). Third Party Sites are independent from Vestis, and Vestis does not endorse, and has no responsibility or liability for or control over, Third Party Sites or their business, products, services, or content. Your use of Third Party Sites and your dealings with the owners or operators of Third Party Sites is at your own risk, and you will not make any claim against Vestis arising from, connected with, or relating to your use of Third Party Sites or your dealings with the owners or operators of Third Party Sites.
13. Prohibited Activities
You shall not: (a) attempt to circumvent the ordinary navigational structure, layout or presentation of the Website or its content, or attempt to access or obtain any Website content or other data by any means that is not purposely made available to you by the Website; (b) attempt to gain unauthorized access to any part of the Website or its content, or any related system, network, service or data, by hacking, password mining or any other means; (c) attempt to test or tamper with the security of the Website or attempt to interfere with the proper working of the Website, any transaction being conducted through the Website, or any other person’s use of the Website; (d) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (e) license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website; (f) modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Website; (g) access the Website in order to build a similar or competitive service; or (h) frame, mirror, scrape or data-mine the Website or any of its content in any form and by any means (including robots, spiders, or other automatic devices, programs or methodologies).
THE WEBSITE, AND THE PRODUCTS, SERVICES, AND CONTENT PROVIDED THROUGH THE WEBSITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES, CONDITIONS, OR GUARANTEES OF ANY NATURE OR KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY, OR ARISING FROM CUSTOM OR TRADE USAGE OR BY ANY COURSE OF DEALING OR COURSE OF PERFORMANCE, INCLUDING ANY REPRESENTATIONS, WARRANTIES, CONDITIONS, OR GUARANTEES OF OR RELATING TO ACCURACY, ACCESSIBILITY, AVAILABILITY, COMPLETENESS, DURABILITY, ERRORS, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, LACK OF VIRUSES OR OTHER DISABLING OR HARMFUL CODE, PERFORMANCE, QUALITY, RESULTS, SUITABILITY, SECURITY, TIMELINESS, TITLE, QUIET ENJOYMENT, UNINTERRUPTED SERVICE, OR WORKMANLIKE EFFORT, ALL OF WHICH ARE HEREBY WAIVED BY YOU AND DISCLAIMED BY VESTIS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR THE SELECTION AND USE OF THE PRODUCTS, SERVICES, AND CONTENT PROVIDED THROUGH THE WEBSITE TO ACHIEVE YOUR INTENDED RESULTS.
VESTIS DOES NOT PROMISE THAT THE WEBSITE, OR THE PRODUCTS, SERVICES, OR CONTENT PROVIDED THROUGH THE WEBSITE, WILL BE ERROR-FREE, UNINTERRUPTED, OR SECURE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE WEBSITE, OR THE PRODUCTS, SERVICES, OR CONTENT PROVIDED THROUGH THE WEBSITE, WILL PRODUCE SPECIFIC RESULTS. YOU USE THE WEBSITE, AND THE PRODUCTS, SERVICES, AND CONTENT PROVIDED THROUGH THE WEBSITE, AT YOUR OWN RISK. EXCEPT AS SET FORTH IN THE RETURN AND EXCHANGE TERMS AND CONDITIONS, IF YOU ARE DISSATISFIED WITH THE WEBSITE, OR THE PRODUCTS, SERVICES, OR CONTENT PROVIDED THROUGH THE WEBSITE, YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITE, AND THE PRODUCTS, SERVICES, AND CONTENT PROVIDED THROUGH THE WEBSITE.
YOU ARE SOLELY RESPONSIBLE FOR OBTAINING, PROVISIONING, CONFIGURING, MAINTAINING, PAYING FOR, AND PROTECTING FROM LOSS AND DAMAGE, ALL EQUIPMENT, SOFTWARE AND SERVICES (AND ALL DATA CONTAINED THEREIN) NECESSARY FOR YOUR USE OF THE WEBSITE.
15. Liability Exclusions
THE DISCLAIMER OF CERTAIN WARRANTIES AND CONDITIONS AND THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES IS PROHIBITED BY LAW IN SOME JURISDICTIONS, AND SO THE FOREGOING DISCLAIMERS AND LIABILITY EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
Vestis may in its sole discretion and for its convenience at any time immediately suspend or terminate your permission to access and use the Website without any notice or liability to you or any other person.
18. Governing Law
19. Dispute Resolution
(c) Informal Dispute Resolution: Before you commence arbitration or litigation regarding a Dispute: (i) you will give notice of the Dispute to Tempo’s Customer Service representatives at email@example.com and allow Vestis at least thirty (30) days to investigate and attempt to resolve the Dispute; and (ii) upon request by Vestis during the thirty (30) day period you will participate in good faith discussions regarding the Dispute with a view to resolving the dispute in a reasonable manner.
(e) NO JURY OR CLASS PROCEEDINGS: YOU AND VESTIS EACH IRREVOCABLY WAIVE ALL RIGHTS TO TRIAL BY JURY OR TO COMMENCE OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ARBITRATION OR LITIGATION. ANY ARBITRATION OR COURT LITIGATION REGARDING DISPUTES WILL BE BROUGHT BY YOU OR VESTIS IN AN INDIVIDUAL CAPACITY, AND NOT AS PLAINTIFF OR CLASS MEMBER IN A CLASS OR REPRESENTATIVE PROCEEDING. THE WAIVER OF THE RIGHT TO PARTICIPATE IN A CLASS OR REPRESENTATIVE PROCEEDING IS PROHIBITED BY LAW IN SOME JURISDICTIONS, AND SO THE FOREGOING WAIVER MIGHT NOT APPLY TO YOU.
20. General Matters