Conditions of use for the Internet site www.womance.ca (hereinafter the « Site »).

PRELIMINARY REMARKS

This contract constitutes a legal agreement between any person browsing or using the Site (hereinafter “User(s)”) and Womance Lifestyle inc. (hereinafter “Womance”). In the event of a disagreement with the terms of this Agreement, the User must immediately cease using the Site.

1. ACCEPTANCE OF TERMS OF USE

By using the Site, the User declares to have read, understood and accepted these conditions of use, as well as any possible modifications that may be made to them in the future (hereinafter the “Contract”). Womance reserves the right, at its sole discretion and without prior notice, to update, modify, add or delete provisions of this Agreement. Any such change will be posted on this page. The User is entirely responsible for consulting this Agreement periodically in order to become aware of any changes that may be made to it. By choosing to access the Site, you agree to comply with federal, provincial and other applicable laws and regulations. The User also agrees to abide by all the terms and conditions listed herein.

2. YOUR ACCOUNT

Users can create an account by ordering or purchasing products or services offered on the Site. Users are entirely responsible for maintaining the confidentiality and security of their account information and must not disclose their information to anyone. Users are fully responsible for any activity stemming from their personal accounts and agree to notify Womance in the event that the security or confidentiality of their account is compromised. Womance will not, at any time, be liable for damages and losses resulting from the unauthorized of a User’s account. The User agrees to disclose and transmit information that is complete, accurate and truthful when required to disclose or transmit such information using the Site. The User agrees to keep this information up-to-date under the same terms. The User accepts that Womance may use this information to update billing charges related to the User’s account.

3. INTELLECTUAL PROPERTY

3.1 The trademarks and logos used or displayed on the Site are to be recognized as trademarks and logos whether or not they are registered by Womance or third parties. Nothing on the Site may be interpreted in such a way as to allow, directly or indirectly, the use of such trademarks or logos without the prior written permission of their owner. It is prohibited to reproduce the trademarks and logos displayed on the Site for any commercial or advertising purposes or to increase the volume of visitors to a User’s site.

3.2 All the elements of the Site (including, without limitation: texts, articles, photographs, images, illustrations, audio and video extracts, software, etc.) are protected by copyright and belong to Womance or to third parties acting as content providers. Unless exceptions are clearly stated, Users do not have the right to use or interpret any of the intellectual property belonging to Womance or to a third party acting as a content provider.

3.3 Subject to what is expressly provided for in paragraph 3.4 hereof, the User may not copy, reproduce, modify, publish, disseminate, distribute, participate in the transfer or sale of, create new works from, translate, download, license or otherwise exploit any element offered on the Site (including any software), in whole or in part.

3.4 The User may download, publish or copy for personal and non-commercial purposes only, the elements of the Site, as long as it retains all the intellectual property notices they contain. Copying or storing any material for purposes other than personal use is absolutely prohibited without the prior written permission of Womance or the copyright holder identified in the intellectual property notice.

3.5 The content provided by the User is subject to the license and rights listed in paragraph 4.3 below.

4. ONLINE FORUMS AND DISCUSSION BOARDS

4.1 Communications made on discussion forums and bulletin boards are public and not private; therefore, the User is required to respect the rules set out below:

• 4.1.1 Use respectful language at all times. Coarse or offensive language will not be tolerated. In addition, no one shall maintain or submit any material that is defamatory, obscene, offensive, pornographic, abusive or otherwise unlawful;
• 4.1.2 Be courteous. Threats of any kind, including any action inciting violence or hate, is strictly prohibited. Equally prohibited is the deliberate disruption of online conversation through the sending of repeated messages or unfounded messages or through spamming;
• 4.1.3 Discuss without attacking others. In a multi-opinion group, people may at times disagree. Womance encourages civilized discussions in its discussion forums; furthermore, personal attacks are a violation of these terms of use;
• 4.1.4 The use of forums or discussion boards for outside self-promotion of any kind is prohibited. Participants are not to promote or offer for sale any good or service for a commercial purpose, other than those available on the Site or offered by Womance. Users may neither conduct or send any study, contest, pyramid scheme, chain of letters or spam, nor can they perform any pirating (hacking), solicitation or any other act for illegal purposes. It is also prohibited to perform acts that may infringe on the rights of others as well as their enjoyment of discussion forums or electronic bulletin boards;
• 4.1.5 It is forbidden to submit or transmit on our sites any virus, bug, worm, Trojan horse, or any other harmful code or file.

4.2 The User acknowledges that (s)he has all the necessary rights, including intellectual property rights, on any material that (s)he transmits as a user to Womance.

4.3 The User acknowledges and accepts that (s)he remains the holder of the copyright in any material that (s)he submits as a user to Womance (e.g., letter to the editor, comments, etc.). In addition, the User acknowledges and accepts that by the sole act of submitting material to Womance, (s)he grants it a non-exclusive and perpetual license throughout the world, without any compensation towards the User, to use, edit, modify, delete, reproduce, publish, distribute and sub-license; to this end, (s)he waives any moral rights that (s)he may assert relating to the integrity of the work.

4.4 The User acknowledges and accepts that (s)he is personally responsible for the content of the messages (s)he communicates on the Site’s discussion forums or electronic bulletin boards, as well as for the consequences of these messages.

4.5 Womance reserves the right, at its sole discretion, to refuse to post or to remove any material transmitted by a User for any of its websites, including this Site and the Womance Facebook page. Womance is under no obligation to post any material submitted by Users at any time. Womance reserves the right to report any User who does not comply with these rules of conduct to the relevant authorities, and may delete the account of any User who does not comply to the conditions outlined in this Agreement.

4.6 Womance makes no claims regarding the control of the material available on its websites. Womance is not, and can not be held responsible for the accuracy, legality, compliance with intellectual property rules or these terms of use of any material provided by its Users.

5. ADDITIONAL TERMS AND CONDITIONS AFFECTING SUPPLIERS

Additional terms and conditions apply to purchases of products and services made by the User, including but not limited to any additional privacy policy, delivery policy, and agreement governing the use of a provider’s website or services (hereinafter “Additional Terms”). The User undertakes and agrees to carefully read the Additional Terms and to be bound by them. The User agrees to comply with the Additional Terms of purchase imposed by any supplier with whom (s)he chooses to conduct business, in particular the payment of any amount when due, and to comply with the Additional Terms of the supplier with regard to the availability and use of tariffs, products and services. Suppliers may change their Additional Terms, including prices, without notice.

6. EXTERNAL LINKS

Hyperlinks placed on this Site may lead to third party sites. These sites are not controlled by Womance and the latter cannot be held responsible for the content of the sites which are accessed by a hyperlink, nor for the hyperlinks existing on these sites, nor for any change or update in these sites. These hyperlinks are presented for informational purposes only, without guaranteeing their quality or accuracy. The fact that a site is linked to the Site or to the Womance Facebook page by a hyperlink does not imply an endorsement or a joint venture of any kind.

7. COOKIES

A cookie is a small file which asks permission to be placed on the hard drive of the User’s computer. Once the User agrees, the file is added and the cookie is used to analyze web traffic or to inform the User when they visit a particular site. Cookies allow web applications to respond to the User as an individual. The web application can adapt its operation to the needs of Users by gathering and memorizing information on their preferences. Overall, cookies help us improve our Site and provide better quality products and services to Users by allowing us to track the pages, products and services that they like or dislike. A cookie does not give Womance any access to the computer or any other information about Users, other than the data they choose to share with us.

Users can choose to accept or decline cookies. Most web browsers automatically accept cookies. Users can generally modify their browser settings to decline cookies if they prefer, but this will prevent the User from taking full advantage of the Site.

8. LIMITATION OF LIABILITY

This Site, including the content and services it offers, is available to Users “as is” without any warranty, either express or implied. The information, software, products and services published on this Site may contain inaccuracies or errors, including pricing errors. In particular, Womance and its subsidiaries do not guarantee the accuracy and decline all responsibility for errors or inaccuracies relating to the information and description of the products and services offered or displayed on the Site. In addition, Womance expressly reserves the right to correct any pricing error on the Site and/or any pending purchases or confirmed orders made at an incorrect price.

Without limiting the generality of the above, under no circumstances will Womance, its subsidiaries and/or their respective suppliers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or related in any way to, a User’s submitted or displayed posts or other personal use of the Site, whether this liability is based on negligence, a contract, an offense, an extra-contractual obligation, a strict obligation or other circumstance. Womance, its subsidiaries and/or respective suppliers will not be responsible for any damages as outlined in these conditions, even if they have previously been advised of the possibility of such damages.

9. COMPENSATION

The User hereby agrees that Womance, its directors, officers, officers, shareholders, employees, affiliated companies, representatives and content providers (for the purposes of this article 9 hereinafter collectively designated, “Womance”) will not be held accountable for any monetary compensation for capital, interest, legal and extrajudicial costs and any other damage, including but not limited to all reasonable legal costs incurred by Womance relating to any claim, suit, action or formal notice (hereinafter “Complaint”) arising from:

• i) any content submitted, displayed or transmitted by the User on the Site;
• ii) the use of the Site by the User or a person using the User’s account, whether authorized or not, of the Site, that violates any part of this Agreement; or
• iii) any violation of applicable laws and regulations or of the rights of a third party.

10. NEWSLETTER OR OTHER COMMUNICATIONS FROM WOMANCE

By accepting this Contract, the User agrees to be part of the mailing list set up by Womance and authorizes Womance to communicate any information regarding the use of the Site, including information about products and services, news, special offers, surveys and other information deemed relevant by Womance. The User can unsubscribe from the mailing list at any time by contacting us at the following email address info@womance.ca and indicating that they no longer wish to receive such communications. Unsubscribing does not release the User from being bound by this Agreement.

11. APPLICABLE RIGHTS

By using this Site, including making any purchase on the Site, the User acknowledges and accepts that this Agreement and any Complaint, suit, action or formal notice arising from any such use, is governed by the provincial laws applicable in Quebec and by the federal laws applicable in Canada. The User hereby acknowledges and irrevocably submits to the exclusive jurisdiction of the courts of the province of Quebec, judicial district of Quebec, with regard to all disputes arising from this Contract and his/her use of the Site.

12. PREORDERS

Preorder policy for WOMANCE x DISNEY items:

Start of the preorder: Wednesday, November 11 2020 at 8:00 p.m. (EST)

End of the preorder: Saturday, November 14, 2020 at 8:00 p.m. (EST)

You have 24 hours after placing your order on womance.ca to cancel it. By keeping your order active, you agree to these terms and conditions. After the 24 hour deadline, it will not be possible for you to modify or cancel your item (no modification of sizes or styles). If you need to change your shipping address due to a change of address or a mistake made while entering details on the Site, please write to us at orders@womance.ca and we will be happy to update your address.

You may not cancel and request a refund for an order before it is delivered to the address indicated during purchase. If you change your mind about an order, you can request a return or refund once the order has been received.

If you wish to make a return or exchange after the receipt of your purchase, the usual online store return/exchange policy will apply.

Womance allows a buffer period of 45 days following the expected delivery date of your item (expected delivery: March 2021) for at-home delivery. It is your responsibility to note the estimated delivery time of any item ordered in a presale. This deadline is written here as well as under each product sold in a presale.

In the event that the presale is canceled, where it is not possible for Womance Style de vie Inc. to deliver the goods ordered during the presale, Womance will reimburse your purchase in full, including taxes and the cost of delivery to your original payment method.

13. REWARDS PROGRAM

It is the customer’s responsibility to enroll in the rewards program. No Womance points can be added to an account for previous orders. If you use your rewards to purchase an item and decide to return that item, the points cannot be regained. Rewards members can submit a maximum of 10 reviews on purchased products every 30 days to earn a total of 250 points. After 10 reviews, rewards members will continue to be able to comment on products, but no reward points will be issued until the next 30-day period.