Last Updated: October 18, 2015
This website is operated by Jones and Laish ( "Jones + Laish" ).
Throughout the site, the terms “we”, “us” and “our” refer to Jones + Laish.
These Terms of Service ( "Terms", "Terms of Service" ) govern your relationship with the jonesandlaish.com website ( the "Service"). By visiting the website and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply without limitation to all visitors, users and others who access or use the Service.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by and to comply with these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.
Any content, features or tools which are added to the current store shall also be subject to the Terms of Service.
We reserve the right, at our sole discretion, to update or change these Terms at any time. It is your responsibility to check our website periodically for any updates or changes to the Terms.
Your continued use of or access to the website following the posting of any updates or changes constitutes acceptance of the updated and/or changed Terms.
Our store is hosted on Shopify Inc. Shopify provides us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country, state or province of residence, or that you are the age of majority in your country, state or province of residence and that you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the website or any of its content: (a) for any unlawful purpose; (b) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (c) to submit false or misleading information; (d) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (e) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Service or any related website for any breach or violation of the Terms.
SECTION 2 - GENERAL CONDITIONS
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service or its content, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
Your credit card information is always encrypted during transfer over networks. You understand that your other content ( not including credit card information ) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - INTELLECTUAL PROPERTY
The Service and all contents, including but not limited to text, artwork, photographs, illustrations, images, graphics or code ( "the Content" ), and the products sold by the Service are protected under Canadian, American and foreign copyright, trademark and other laws, and are owned by Jones + Laish or the party or parties accredited as the provider(s) of the Content. All artwork displayed on the website and sold through the website is owned and copyrighted by Jones + Laish. In addition, the website ( "the Service") is protected under copyright law as a collective work and/or compilation pursuant to Canadian and foreign laws. You may view and copy, download or print portions of the material from the different areas of the Service only for your own private, non-commercial use and you further agree not to use, change or delete any proprietary notices from materials downloaded from the Service for your own private, non-commercial use. Any other use or display is strictly prohibited and may violate copyright, trademark and other laws. These Terms do not grant you a license to use any trademark or copyright of Jones + Laish or its affiliates.
SECTION 4 - OWNERSHIP
The Jones + Laish website, services and all Content of the Service are protected by copyright, trademark and other laws of Canada, the United States and foreign countries. Except as expressly provided in these Terms, Jones + Laish and its licensors exclusively own all right, title and interest in and to the website, services, and Content on the website, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service or the Jones + Laish website or website Content.
SECTION 5 - PRODUCTS OR SERVICES
Our products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We make every reasonable effort to describe and display images of our products that appear on the Service as accurately as possible, including but not limited to efforts to accurately display the colors of digital and printed works of art. Individual computer monitors and electronic devices may display colors differently, so we cannot guarantee that your computer monitor will display the colors of our product images in an accurate manner. We are not responsible for the color accuracy of any Content displayed on the Service and disclaim all liability in this regard.
We reserve the right to limit the sales of our products or Services to any person, geographic region or jurisdiction, and/or to refuse service to anyone for any reason at any time. We may exercise this right on a case-by-case basis.
All descriptions of products or product pricing are subject to change at anytime without notice, at our sole discretion. We reserve the right to limit quantities of any products or services that we offer, and to discontinue any product at any time.
We reserve the right to modify the Content of this website at any time. You agree that it is your responsibility to monitor changes to our site.
We reserve the right at any time to modify or discontinue the Service ( or any part or content thereof ) without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 6 - LINKS TO OTHER WEBSITES
The Service may contain links to third-party websites or services that are not owned or controlled by us.
Jones + Laish has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Jones + Laish shall not be 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 websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
SECTION 7 - PERSONAL INFORMATION
SECTION 8 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding any password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
SECTION 9 - LIMITATION OF LIABILITY, DISCLAIMER AND NON-WAIVER OF RIGHTS
Jones + Laish and its princlpals, directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (i) your access to or use of the Service; (ii) your inability to access or use the Service; (iii) any conduct or content of any third-party on or related to the Service; (iiv) any content obtained from or through the Service; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
We make no guarantees, representations or warranties of any kind as regards the website and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the laws of any province in Canada. In such cases, the provincial law shall apply to the extent necessary.
Jones + Laish, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
If you breach any of the Terms and we choose not to immediately act, or choose not to act at all, we will still be entitled to all rights and remedies at any later date, or in any other situation where you breach these Terms. Jones + Laish does not waive any of its rights. We shall not be responsible for any purported breach of these Terms caused by circumstances beyond our control. A person who is not a party to these Terms shall have no rights of enforcement.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
SECTION 10 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Jones + Laish and its principals, officers, directors, agents, representatives, employees, contractors, licensors, licensees, suppliers and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, legal and accounting fees, arising out of or in any way connected with your access to or use of the Service or its Content or your violation of these Terms.
SECTION 11 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 12 - TERMINATION
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
SECTION 13 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 14 - GOVERNING LAW
These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of Ontario and the laws of Canada, as applicable.
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements, oral or otherwise, regarding the Service.
If you have any questions about these Terms, please contact us by email or write to us at JONES + LAISH, 59 Sparks Street, PO Box 160 STN B, Ottawa, Ontario K1P 6C4, Canada.