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Terms of use

Last Updated: May 19, 2020

PLEASE READ THESE TERMS OF USE (ALSO REFERRED TO HEREIN AS “AGREEMENT”) CAREFULLY BEFORE USING THE CREATIONSAWOL WEBSITE. These terms of use are a binding contract that governs use of the Awol website, limits liability of CreationsAwol and other persons, specifies the jurisdiction for resolution of disputes, and contains other important provisions.

Each time you access or use the CreationsAwol website, you acknowledge and signify that you have read, understood, and agree to be bound by the most current version of these terms of use. If you do not agree with these terms of use, you may not access or use the CreationsAwol website.

1. Your Acceptance of these Terms of Use

These Terms of Use are a legal agreement between you and CreationsAwol regarding your access to and use of the Awol website located at www.creationsawol.com and all content, information, products, and services available on or through the website (collectively, the “Website”). The Website is the property of CreationsAwol.

Each time you access or use the CreationsAwol Website, you acknowledge and signify that you have read, understood, and agree to be bound by the most current version of these Terms of Use. If you do not agree with these Terms of Use, you may not access or use any aspect of the Website.

These Terms of Use are in addition to any other agreement you may have with CreationsAwol, including an agreement for your purchase of Awol products or services.

2. Changes to these Terms of Use

CreationsAwol may in its discretion change these Terms of Use at any time, without any prior notice to you, by posting the changed Terms of Use on the Website. The changed Terms of Use are effective immediately upon posting. It is your responsibility to check the “Last Updated” date at the top of these Terms of Use and review any changes since the last version. By using the Website after these Terms of Use have been changed, you signify your acceptance and agreement to the changed Terms of Use. You may not change, supplement or amend these Terms of Use in any manner.

3. Permissible Users

The Website may be used only by natural persons resident in Canada and abroad. 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.

You may not use the Website if you breach these Terms of Use, if your permission to use the Website has been suspended or terminated by CreationsAwol, or if these Terms of Use as they apply to you have been terminated.

4. Permissible Use

The Website is made available to you for your lawful, personal, non-commercial use only. You may use the Website only for the purposes and in the manner permitted by the Website and subject to these Terms of Use and all applicable laws. Using the Website for any other purpose or in any other manner is strictly prohibited.

The Website and its content may not be copied, reproduced, 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 CreationsAwol.

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. You may not use any of the software or services that are used by CreationsAwol in the operation or provision of the Website except while you are using the Website in accordance with these Terms of Use.

5. Ownership of Website and Content

The Website and its content (including all text, graphics, interfaces, images, video, sounds, music, 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 CreationsAwol, 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.

6. Your Information

You will ensure that all information you provide to CreationsAwol, 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. CreationsAwol 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, CreationsAwol 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.

7. Communications

You authorize CreationsAwol 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 CreationsAwol are not effective unless and until they are processed by the responsible CreationsAwol representative. CreationsAwol may refuse to process any communications sent to CreationsAwol, or may reverse the processing of any communications sent to CreationsAwol, at any time in CreationsAwol discretion, and without any notice or liability to you or any other person, including if CreationsAwol believes the communication to be fraudulent or unlawful or defective, inaccurate or incomplete due to a technical malfunction.

8. Personal Information Privacy

CreationsAwol collects personal information and non-personal information from users of the Website.

9. Misprints and Errors, Product Availability and Prices

CreationsAwol 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. CreationsAwol 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 your monitor might not accurately display product colours.

CreationsAwol 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.

10. Accounts and Codes

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 “Codes”) accepted by CreationsAwol. Accounts and Codes are personal, and may not be shared.

You are fully responsible and liable for maintaining the confidentiality of your account information and Codes and for any and all use and misuse of your account and Codes (including all transactions using your account or Codes) and for all resulting loss and damage. You may not disclose your Codes to any other person or permit any other person to use your account or Codes.

11. Linked Sites

For your convenience, the Website may provide links or references to other Internet sites or resources and businesses operated by other persons (collectively “Linked Sites”). Linked Sites are independent from CreationsAwol, and CreationsAwol does not endorse, and has no responsibility or liability for or control over, Linked Sites or their business, goods, services, or content. Your use of Linked Sites and your dealings with the owners or operators of Linked Sites is at your own risk, and you will not make any claim against CreationsAwol arising from, connected with, or relating to your use of Linked Sites or your dealings with the owners or operators of Linked Sites.

12. Prohibited Activities

Deep links to the Website without the express written permission of CreationsAwol are strictly prohibited. CreationsAwol may in its discretion cancel and revoke any permission it may give to link to the Website at any time and without any notice or liability.

Framing, mirroring, scraping or data-mining the Website or any of its content in any form and by any means (including robots, spiders, or other automatic devices, programs or methodologies) is strictly prohibited. You may not use any collaborative browsing or display technologies in connection with your use of the Website or to post comments, communications or any other data of any kind to or on the Website with the intention that the posting may be viewed by other users of the Website.

You may not attempt to circumvent the ordinary navigational structure 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.

You may not 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. You may not 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.

You may not upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data.

You shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website. You shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Website. You shall not access the Website in order to build a similar or competitive service. Any future release, update, or other addition to functionality of the Website shall be subject to the terms of this Agreement (as amended from time to time).

13. Disclaimers

THE WEBSITE, AND THE PRODUCTS, SERVICES, AND CONTENT PROVIDED THROUGH THE WEBSITE, ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” 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 ARITZIA TO THE FULLEST EXTENT PERMITTED BY 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.

CREATIONSAWOL 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 & EXCHANGE TERMS, 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.

14. Liability Exclusions

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL CREATIONSAWOL BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGE OR LOSS (INCLUDING INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE OR LOSS, LOSS OF PROFIT, LOSS OF REVENUE, LOSS OF DATA OR INFORMATION, LOSS OF USE, LOSS OF BUSINESS, LOSS OF OPPORTUNITY, LOSS OF PRODUCTIVITY, OR ANY OTHER COMMERCIAL DAMAGE OR LOSS) ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEBSITE OR THE PRODUCTS, SERVICES, OR CONTENT PROVIDED THROUGH THE WEBSITE; AND (B) IF NOTWITHSTANDING THE FOREGOING OR ANY OTHER PROVISIONS OF THESE TERMS OF USE CREATIONSAWOL IS LIABLE TO YOU OR ANY OTHER PERSON, THEN IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL CREATIONSAWOL TOTAL AGGREGATE LIABILITY ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEBSITE OR THE PRODUCTS, SERVICES, OR CONTENT PROVIDED THROUGH THE WEBSITE, EXCEED CAD$100. THE FOREGOING LIABILITY EXCLUSION AND LIMITATION APPLY TO LIABILITY UNDER ANY THEORY OF LAW (INCLUDING CONTRACT, TORT, STATUTE AND STRICT LIABILITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING FUNDAMENTAL BREACH OR GROSS NEGLIGENCE) BY CREATIONSAWOL OR ANY PERSON FOR WHOM CREATIONSAWOL IS RESPONSIBLE, EVEN IF OTHER REMEDIES ARE NOT AVAILABLE OR DO NOT ADEQUATELY COMPENSATE YOU OR ANY OTHER PERSON FOR THE LOSS AND DAMAGE, OR CREATIONSAWOL KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF THE POTENTIAL LOSS OR DAMAGE BEING INCURRED.

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.

15. Indemnity

YOU WILL DEFEND, INDEMNIFY AND HOLD HARMLESS CREATIONSAWOL FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, COSTS, EXPENSES, CLAIMS, COMPLAINTS, DEMANDS, ACTIONS, SUITS, PROCEEDINGS, LIABILITIES AND OBLIGATIONS (INCLUDING DAMAGES, EXPENSES, AND COSTS), SETTLEMENT PAYMENTS, AND ATTORNEY’S FEES AND EXPENSES (COLLECTIVELY, “CLAIMS/PROCEEDINGS/LIABILITIES”) DIRECTLY OR INDIRECTLY ARISING FROM, CONNECTED WITH OR RELATING TO YOUR USE OF THE WEBSITE OR YOUR NEGLIGENCE, MISCONDUCT, OR BREACH OF THESE TERMS OF USE. YOU WILL NOT ENTER INTO ANY SETTLEMENT OR OTHER AGREEMENT ON BEHALF OF CREATIONSAWOL, OR WHICH AFFECTS THE RIGHTS OR INTERESTS OF CREATIONSAWOL, WITHOUT CREATIONSAWOL’S EXPRESS PRIOR WRITTEN CONSENT, WHICH CONSENT MAY BE WITHHELD IN CREATIONSAWOL’S DISCRETION. NOTWITHSTANDING THE FOREGOING, CREATIONSAWOL RETAINS THE RIGHT TO PARTICIPATE IN THE DEFENSE OF AND SETTLEMENT NEGOTIATIONS RELATING TO ANY CLAIMS/PROCEEDINGS/LIABILITIES WITH COUNSEL OF THEIR OWN SELECTION AT THEIR SOLE COST AND EXPENSE.

IN THESE TERMS OF USE, ” CREATIONSAWOL ” MEANS CREATIONSAWOL, AWOL AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS AND SUPPLIERS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SHAREHOLDERS, DISTRIBUTORS, AND REPRESENTATIVES, JOINTLY AND SEVERALLY.

16. Changes/Termination

Notwithstanding any other provision of these Terms of Use, CreationsAwol may in its discretion change, discontinue, modify, restrict, suspend, or terminate the Website or any of its content at any time without any notice or liability to you or any other person.

CreationsAwol may in its 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.

These Terms of Use as they apply to you are effective unless and until terminated. You may terminate these Terms of Use by permanently ceasing to use the Website and giving written notice of termination to CreationsAwol Customer Care. CreationsAwol may terminate these Terms of Use at any time either by giving a notice of termination to you or by denying you access to the Website. The obligations and liabilities you incur prior to termination of these Terms of Use will survive termination. Sections 6, 7, 8, 11, 13, 15, 16, 17, 18, 20, 21 and 22 of these Terms of Use will survive termination and continue to apply and be binding upon you and CreationsAwol.

17. Governing Law

These Terms of Use and all related matters are and will be governed by, and construed and interpreted solely in accordance with, the laws of the Province of Quebec, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws that would lead to the application of the laws of any other jurisdiction and excluding any law that implements the United Nations Convention on Contracts for the International Sale of Goods.

18. Other Matters

You and CreationsAwol are non-exclusive, independent contracting parties, and nothing in these Terms of Use or done pursuant to these Terms of Use will create or be construed to create a partnership, joint venture, agency, employment, or other similar relationship between you and CreationsAwol. Upon request by CreationsAwol, you will execute all further documents and instruments and do all further things as may be reasonably necessary to implement and carry out the provisions and intent of these Terms of Use. No consent or waiver by CreationsAwol to or of any breach of these Terms of Use by you will be effective unless in writing and signed by CreationsAwol or will be deemed or construed to be a consent to or waiver of a continuing breach or any other breach by you. Except as expressly set forth in these Terms of Use, CreationsAwol’s rights and remedies under these Terms of Use are cumulative and not exhaustive or exclusive of any other rights or remedies to which CreationsAwol may be lawfully entitled under these Terms of Use or at law, and Aritzia will be entitled to pursue any and all of its rights and remedies concurrently, consecutively and alternatively. The provisions of these Terms of Use will enure to the benefit of and be binding upon you and CreationsAwol and your respective successors and permitted assigns. If any provision of these Terms of Use is held by a court or arbitrator of competent jurisdiction to be invalid or unenforceable for any reason, then the provision will be deemed severed from these Terms of Use and the remaining provisions will continue in full force and effect without being impaired or invalidated in any way, unless as a result of the severance these Terms of Use would fail in its essential purpose. You will not assign, transfer, delegate, license, sub-license or grant these Terms of Use or your rights, duties and obligations under these Terms of Use without CreationsAwol’s express prior written consent, which consent may be withheld in CreationsAwol’s discretion. CreationsAwol may, without your consent, assign these Terms of Use or any of CreationsAwol’s rights, duties, or obligations under these Terms of Use.

These Terms of Use and the Other Terms and Conditions together set forth the entire agreement between you and CreationsAwol regarding the subject matter of these Terms of Use and the Other Terms and Conditions, and supersede all previous communications, representations, negotiations, discussions, agreements, or understandings, whether oral or written, with respect to the subject matter of these Terms of Use and the Other Terms and Conditions. There are no representations, warranties, terms, conditions, undertakings or collateral agreements, express, implied or statutory, between you and CreationsAwol regarding the subject matter of these Terms of Use and the Other Terms and Conditions other than as expressly set forth in these Terms of Use and the Other Terms and Conditions.

You and CreationsAwol have each expressly requested and required that these Terms of Use and the Other Terms and Conditions be drawn up in the English language. Les parties conviennent et exigent expressément que ce Contrat et tous les documents qui s’y rapportent soient rédigés en anglais.

All rights not expressly granted by these Terms of Use are reserved by CreationsAwol. If you have any questions or comments regarding these Terms of Use, please contact CreationsAwol by e-mail at: info@creationsawol.com

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