Terms & Conditions
Updated March, 2018
These terms and conditions of use (the "terms") set forth the terms on which Garçon Model Ltd.. ("Garçon Model®") provides you access to this web site ("Site"). You should read the terms carefully before using the site. By using the site, you acknowledge that you have read and that you agree to abide by the terms. If at any time you no longer agree to be bound by these terms, you should immediately ceases use of this site.
You expressly acknowledge that your use of this site is at your sole risk. Garçon Model® is providing this site and its contents on an "as is, as available" basis and makes no representations of warranties of any kind with respect to this site or its contents. To the maximum extent permitted by law, Garçon Model® disclaims all such representations and warranties, including but not limited to warranties of merchantability and fitness for a particular purpose - some jurisdictions do not allow the exclusion of implied warranties in certain circumstances, so the above exclusion may not apply to you.
Products, price and availability information are subject to change at any time without notice. The prices listed on this Site are not offers to form a contract but merely an advertisement for offers. Except as specifically stated on this Site, under no legal theory, tort, contract or otherwise shall Garçon Model® nor any of its directors, officers, employees, related companies, subsidiaries, merchants, content providers or any other party involved in the creation or maintenance of this site be liable for the following arising out of or in connection with the use of or inability to use this site: indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages. Accordingly, the limitations and exclusions set forth above may not apply to you. Garçon Model® also assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.
PROMOTIONAL OFFERS, CONTESTS, AND SWEEPSTAKES
Garçon Model™ reserves the right to cancel any transaction due to unauthorized, altered, fraudulent, or ineligible use of discount and to modify or cancel this promotion due to system error or unforeseen problems at any time. Please read the official rules that may accompany each promotion, offer, coupon, discount, contest and/or sweepstakes. Promotional offers and discounts do not apply to gift cards, shipping and handling, or taxes. Discounts will appear upon checkout and may or may not be eligible to be combined with any other offers or discounts. Special offers, coupons, or discounts cannot be used in conjunction with other offers unless specifically stated in offer official rules.
Garçon Model® and its logo are registered trademarks in the Canada and other countries. Garçon Model® trademarks may not be used without the written permission of Garçon Model® and specifically should not be used in connection with any other product or service, or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Garçon Model®.
COPYRIGHT AND PROPRIETARY RIGHTS
All information, including, without limitation the design of the Site, and all information, text, graphics, images, illustrations, logos, designs, icons, photographs, video clips, and written or other materials software and all HTML, CGI and other codes and scripts in any format used to implement, or featured on, the Site ('Content') are the property of Garçon Model®, its merchandise suppliers, or its licensors. The overall design and appearance of this Site is the proprietary trade dress of Garçon Model®,
The Content of this Site is for personal use only. Permission is granted to electronically copy and to print in hard copy portions of this Site for the sole purpose of placing an order with Garçon Model®. You may not copy, modify, upload, download, transmit, (re)publish, create derivative works from, sell, re-sell or otherwise distribute or exploit any Content from the Site except as expressly permitted by these Terms. Doing so will violate Garçon Model Ltd..'s copyright, trademark and other proprietary rights.
All Content on the Site is protected by Canada copyright, trademark and other laws and applicable international treaties and conventions governing intellectual property law. Any and all trademarks, logos, page headers, custom graphics, button bars, service marks and trade names which Garçon Model® uses in connection with the Site shall remain the exclusive property of Garçon Model®. Nothing contained in the Terms shall be deemed to give you any rights in or to any intellectual property of Garçon Model®. All other trademarks, product names and company names or logos on the Site are the property of their respective owners.
COMMUNICATIONS PROVIDED BY USER
Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by Garçon Model® or its affiliates for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Garçon Model is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. By posting any communication or material on the site, you grant Garçon Model and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such reviews and comments in an unlimited manner. You also grant Garçon Model and its affiliates and sub-licensees the right to use the name that you submit with any review or comment, if any, in connection with such communication.
You agree to defend, indemnify and hold Garçon Model® harmless and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.
CHOICE OF LAW
The Terms shall be governed by and construed in accordance with the laws of Canada, without regard to conflict of laws provisions. You hereby consent to the exclusive jurisdiction and venue of the federal or state courts in British Columbia, Canada in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Garçon Model® as a result of this agreement or use of the Site. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Garçon Model with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Garçon Model with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Garçon Model reserves the right, in its sole discretion, to terminate your right to use the Site and any rights provided to you under these terms at any time, without notice, and accordingly deny you access to the Site, if you fail to comply with any term or provision. Upon termination, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials.
In order to access some features of the Website, you will have to create an account. You are not allowed to use another user's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You may change your password at any time by updating your Account Profile page. In addition, you agree to immediately notify Garçon Model of any unauthorized use of your password or account or any other breach of security. Garçon Model cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or similar technological devices or programs, that access the Website in a manner that sends more request messages to the Garçon Model® servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Garçon Model grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Garçon Model reserves the right to revoke these exceptions either generally or in specific cases, in its sole discretion.
You agree not to collect or use any personally identifiable information ("Personal Information") including without limitation account names, email addresses, or other User Submissions (as defined below), from the Website, nor use the communication systems provided by the Website for any commercial solicitation purposes, including without limitation to solicit, for commercial purposes, any users of the Website.
RULES OF CONDUCTS
The following rules of conduct apply to your use of the Website and to any and all materials you post on Garçon Model®, including text, data, graphics, audio or video content, music, sound, chat, messages, files or other material (collectively User Submissions) whether the User Submission is included in blogs, discussion groups, emails, profiles, comments, or any other portion or feature of Garçon Model®.
You may not, in connection with the Website:
- Upload, post, email or otherwise transmit any User Submission that is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized;
- infringes or violates any patent, copyright, trademark, trade secret or other property right;
- breaches a duty of confidentiality by which you are bound due to a contractual or fiduciary relationship (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way;
- constitutes a breach of any person's privacy or publicity rights, a misrepresentation of facts, or hate speech;
- violates or encourages others to violate any applicable law, statute, ordinance or regulation;
- promotes software or services that deliver unsolicited e-mail; or
- contains viruses, Trojan horses, worms, time bombs, cancelbots or other similar harmful programming routines.
You may not, except with Garçon Model®'s express advance authorization or in a specially designated area, use the Website to:
- Upload, post, email or otherwise transmit any User Submission that provides any telephone numbers, street addresses, last names, URLs or email address; or
- engage in commercial activities within Garçon Model®;
- harm minors in any way;
- solicit personal information from anyone under 18;
- provide false or deceptive information;
- use Garçon Model® content to engage in commercial activities;
- delete, add or otherwise change other people's entries or other Content when you have not been granted the privileges to do so; or
The receipt of an e-mail order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Garçon Model® reserves the right, without prior notification, to limit the order quantity on any item and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order.
We have made every effort to display as accurately as possible the colors of the advertised products that appear at the Site. However, the actual colors you see will depend on your monitor. We cannot guarantee that your monitor will display any color accurately.
We take security seriously. We guarantee that every purchase you make on our website is safe. Credit card and PayPal account information are completely encrypted and only used for billing purposes. This website secures your private information using a 2048-bit SSLCertificate, the best encryption software currently available in the industry, ensuring your online transactions remain confidential.