Last Update: March 1, 2012
This Site may allow users to communicate with each other using discussion forums, blogs, wikis and other interactive methods of posting and sharing information.
Ownership and Protection of Content
The Site is owned and operated by Club Monaco or one of its affiliated companies. The content on this Site, such as text, graphics, images, photographs, illustrations, trademarks, trade names, service marks, logos, audio or video materials, information obtained from Club Monaco’s licensors or other third parties, and other materials (“Contents”) is protected by copyright, trademark and other intellectual property or other proprietary laws under both the United States and foreign laws. All of the Contents are the property of their respective owners. Nothing on this Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use the Contents without Club Monaco or its licensors’ prior written consent, except as otherwise described herein. Title to the Contents remains with Club Monaco or its licensors.
The Site displays products available for purchase online and for delivery to most locations in Canada other than Quebec. See our Terms of Sale for more information on where we can ship products. Most products displayed on the Site are also available in Club Monaco stores in Canada while supplies last. In some cases, merchandise displayed on the Site may not be available in stores. The prices displayed on the Site are quoted in Canadian dollars and are valid and effective only in Canada. Different discounts may apply in store and online. The technical specifications and settings of your computer and its display could affect the accuracy of the colors of products displayed on the Site.
PRODUCTS DISPLAYED ON THE SITE MAY NOT BE AVAILABLE AT ALL TIMES. PRODUCTS AND PRICES MAY BE CHANGED, AND PRODUCTS MAY BE SUBSTITUTED OR DISCONTINUED AT ANY TIME. WHILE WE ATTEMPT TO PROVIDE AN ACCURATE DESCRIPTION OF ITEMS AVAILABLE FOR PURCHASE ON THE SITE, WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, RELIABILITY OR CURRENCY OF SUCH DESCRIPTIONS.
ALL OTHER TERMS AND CONDITIONS GOVERNING THE PURCHASE OF ANY PRODUCT ON THE SITE ARE AVAILABLE IN THE TERMS OF SALE.
Registration, Accounts and Passwords
You are not required to create an account to browse the Site or to make purchases on the Site. However, to access additional features of the Site, you may be asked to register and create an account. In consideration for your use of these additional features on the Site, you agree to provide true, current, complete and accurate information as requested on any registration form to which this Site may direct you, and to update that registration information as soon as possible after any information on such registration form changes.
If you register and create an account on the Site, you agree to be responsible for: (a) maintaining the confidentiality of passwords or other account identifiers which you choose, and (b) all activities that occur on the Site when logged in using such passwords or account identifiers. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your password, please notify Club Monaco immediately. Club Monaco will assume that any communications Club Monaco receives under your password-protected account have been made by you unless Club Monaco receives notice otherwise.
Club Monaco does not claim ownership of any information or material a user provides to Club Monaco or posts, uploads, input, submits or transmits to this Site (“Submission”). You agree that you will not make any Submission that is, in whole or in part, libelous; scandalous; inflammatory; discriminatory; defamatory; false; threatening; vulgar; obscene; pornographic; profane; abusive; harassing; invasive of another’s privacy; hateful or bashing; aimed at gender, race, color, sexual orientation, national origin, religious views or disability; in violation of local, state, provincial, national or international law; or that infringes on or violates any right (including patent, trade-mark, trade secret, copyright or other proprietary right) of any party.
Additionally, you agree that you will not: (a) make any Submission that is an advertisement or solicitation of business; (b) disrupt the normal flow of dialogue or make a Submission unrelated to the topic being discussed (unless it is clear the discussion is free-form); (c) post a chain letter or pyramid scheme; (d) distribute viruses or other harmful computer code; (e) harvest or otherwise collect information about others, including email addresses, without their consent; (f) post the same note more than once or “spam”; (g) impersonate another person or entity, including a Club Monaco employee; or (h) engage in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in the judgment of Club Monaco, exposes Club Monaco or any of its licensors, partners or customers to any liability or detriment of any type.
By making a Submission, you agree that such Submission is non-confidential and non-proprietary, and may be disseminated or used by Club Monaco. If you make a Submission, you automatically grant—or warrant that the owner of such content has expressly granted—Club Monaco a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display the Submission in any media or medium, or any form, format or forum now known or hereafter developed. Notwithstanding the foregoing, Club Monaco is not required to use any Submission.
Liability of Club Monaco and Its Licensors and Partners
The use of the Site, the Contents and Submissions are at your own risk. The Contents in this Site could include technical inaccuracies or typographical errors. Club Monaco may make changes or improvements at any time. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE CONTENTS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED AND CLUB MONACO DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CLUB MONACO DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CONTENTS OR SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CLUB MONACO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE CONTENTS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU (AND NOT CLUB MONACO) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIRS OR CORRECTIONS OF ANY DEVICE USED TO ACCESS THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, OR CERTAIN LIMITATIONS ON IMPLIED WARRANTIES. ACCORDINGLY, THE EXCLUSIONS AND/OR LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
Although we strive to update and keep accurate product and pricing information on the Site, errors and/or omissions may occur. In the event that an item is listed at an incorrect price or with incorrect information, Club Monaco shall have the right, at its sole discretion, to refuse or cancel any orders placed for that item. If an item is incorrectly priced and Club Monaco elects to refuse or cancel your order, we will notify you of such refusal or cancellation. The prices displayed on the Site are shown in Canadian dollars. Shipping and handling fees and taxes are listed, if applicable. You are responsible for the payment of any shipping and handling fees and any federal or provincial taxes that may apply to your order. These fees and taxes are added to the order price during the checkout process. Club Monaco reserves the right, at its sole discretion, to limit the quantity of items purchased per person, per household and per order.
Links to Other Sites
These Terms of Sale will be governed by the laws of the province of Ontario and the laws of Canada applicable therein unless the applicable laws of your province of residence require that the laws of such province govern, in which case, the laws of such province are to govern. The exclusive jurisdiction for any claim, action or dispute with Club Monaco or relating in any way to your use of the Site or a purchase made on the Site will be in the courts of the province of Ontario unless required otherwise by applicable laws of your province of residence.
Changes & Termination
Copyright © 2012 Club Monaco Corporation