TERMS OF SERVICE
OVERVIEW
Kids Curated Apparel (“KCA”) welcomes you to the website www.kidscuratedapparel.com (the “Website”). Throughout these Terms of Service, the terms “we”, “us” and “our” refer to KCA. KCA offers this Website, including all information, tools and services available from this Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices set out herein below. By visiting our Website and/ or purchasing something from us, you engage in our “Service” and therefore 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 of Service apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please review these Terms of Service very carefully before accessing or using our Website. By accessing or using the Website or any part thereof, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions outlined in this Terms of Service, then you shall not access the Website or use any Services and your sole recourse is to leave the Website immediately. Any new features or tools that may be added at some future date to the current Website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Website. It is incumbent upon you to check this page periodically for any changes or updates. Your continued use of or access to the Website following the posting of any changes shall be deemed as your acceptance of those changes. A copy of these Terms of Service may be printed for your reference.
The headings used throughout this agreement are included for convenience only and will not limit or otherwise affect these Terms of Service.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent and warrant that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Website. You shall not use our Service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or intellectual property laws). You shall not transmit any worms or viruses or any code of a destructive nature to our Website. A breach or violation of any of the Terms of Service will result in an immediate termination of your use of the Services.
SECTION 2 – RESTRICTIONS ON USE
The Website is owned and operated by KCA. Any and all content, data, graphics, photographs, images, audio, video, software, systems, processes, trademarks, service marks, trade names and other information including, without limitation, the “look and feel” of the Website (collectively referred to as the “Content”) contained in this Website are proprietary to KCA, its affiliates and/or third-party licensors. The Content is protected by Canadian, United States and international copyright and trademark laws.
Except as set forth herein, you may not modify, copy, reproduce, publish, post, transmit, distribute, display, perform, create derivative works from, transfer or sell any Content without the express prior written consent of KCA. You are permitted to download, print and reproduce the Content for your own non-commercial, informational purposes provided you agree to maintain any and all copyright or other proprietary notices contained in such Content, and to cite the URL Source of such Content. Reproduction of multiple copies of the Content, in whole or in part, for resale or distribution is strictly prohibited except with the prior written permission of KCA. To obtain written consent for such reproduction, please contact us at customerservice@kidscuratedapparel.com.
SECTION 3 – MODIFICATIONS TO THE SERVICE
KCA reserves the right, at any time, to modify, amend or discontinue the Service (or any part or Content thereof) without notice at any time. It is understood that KCA has no obligation to update any Content on our Website. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 4 – PRODUCTS
The Website displays products available for purchase online. Products purchased on the Website are subject to return only according to our Return Policy. The prices displayed for our merchandise on the Website are quoted in Canadian dollars.
KCA has made every attempt to display, as accurately as is possible, the colours and images of our products, however, we are unable to guarantee that your computer monitor’s display of any colour or image will be accurate. KCA reserves the right, but is not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. KCA may exercise this right on a case-by-case basis. We reserve the right to limit the purchase quantities of any products that we offer. Any offer for any product or service made on this Website is void where same is prohibited.
PRODUCTS DISPLAYED ON THE WEBSITE MAY NOT BE AVAILABLE AT ALL TIMES. PRODUCTS AND PRICES MAY BE CHANGED AND PRODUCTS MAY BE SUBSTITUTED OR DISCONTINUED AT ANY TIME. WHILE KCA ATTEMPTS TO PROVIDE AN ACCURATE DESCRIPTION OF ITEMS AVAILABLE FOR PURCHASE ON THE WEBSITE, WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, RELIABILITY OR CURRENCY OF SUCH DESCRIPTIONS. PRICING GLITCHES MAY OCCUR FROM TIME TO TIME AND KCA RESERVES THE RIGHT TO CANCEL AN ORDER BASED ON THIS.
SECTION 5 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
KCA reserves the right to refuse any order you place with us. KCA 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 KCA makes a change to or cancels an order, KCA may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. KCA reserves the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made on the KCA Website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that KCA can complete your transactions and contact you as needed.
SECTION 6 – GIFT CARDS
KCA gift cards sold through the Website (“Virtual Gift Cards”) are subject to the following terms and conditions:
All Virtual Gift Cards are issued in Canadian dollars. No fees are imposed on our Virtual Gift Cards and they do not expire unless otherwise specifically specified. Virtual Gift Cards can be redeemed against all products on the Website. Virtual Gift Cards are non-transferable, may not be used to pay a credit account and may not be returned or redeemed for cash (except as required by law). In the event your order total is less than the value of the Virtual Gift Card, the remaining balance will remain on your Virtual Gift Card and may be redeemed against subsequent orders. Should your order total exceed the value of the Virtual Gift Card, the remaining balance exceeding the value of your Virtual Gift Card must be paid by credit card. If you return products purchased using a Virtual Gift Card, the Return Policy shall apply.Virtual Gift Cards will be e-mailed to the purchaser once the full order has been processed and payment has been received by KCA. KCA is not liable for delivery of a Virtual Gift Card to an incorrect or non-existent email address provided at the time of purchase; this is the sole responsibility of the purchaser.
KCA is not responsible if a Virtual Gift Card is lost, stolen, destroyed or used without permission. KCA reserves the right to cancel a Virtual Gift Card if we deem such action necessary. Promotion codes cannot be applied to the purchase of Gift Cards.
SECTION 7 – PROMOTION CODES
Promotion codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided. The KCA15 and KCA20 promotional offer is restricted to regular priced merchandise only.
Excluded Brands:
Aviator Nation
Top Trenz
Quincy Mae
Little Moon Society
SECTION 8 – THIRD-PARTY LINKS & OTHER TOOLS
Certain content or products available via the KCA Website may include materials from third-parties or links to third-party websites. KCA is not responsible for examining or evaluating the content, accuracy or validity of any third-party materials or websites and KCA does not warrant and it shall not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. KCA is not and shall not be liable for any harm or damages arising from or in any way related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Accordingly, please review carefully the third-party’s policies and practices and be certain you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the relevant third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
In the event you provide KCA with submissions (for example product reviews) or if you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively hereinafter referred to as the, “Comments”), you agree that KCA may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. KCA may, but has no obligation to, monitor, edit or remove Comments that we deem, in our sole discretion, are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. By submitting your Comments to KCA, you warrant your Comments will not violate the rights of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service, including on the Website. You shall not use a false e-mail address, utilize a false identity, pretend to be someone other than yourself, or otherwise mislead KCA or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and you warrant their accuracy. KCA has no responsibility and assume no liability for any Comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
The collection, use and disclosure of personal information is governed by the KCA Privacy Policy.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
On occasion, there may be certain information on the KCA Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. KCA reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or to refuse or cancel orders if any information is inaccurate. If an item is incorrectly priced and KCA elects to refuse or cancel your order, we will notify you of such refusal or cancellation.
KCA undertakes no obligation to update, amend or clarify information in the Service, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service, should be taken to indicate that all information in the Service has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in these Terms of Service, you are prohibited from using the Website for any of the reasons set forth below, including without limiting the generality of the foregoing : (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate KCA’s intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false, erroneous, or misleading information; (g) 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 including the Website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to transmit commercial electronic messages, unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (j) phish, pharm, pretext, spider, crawl, or scrape; (k) for any obscene or immoral purpose; or (l) to interfere with or circumvent the security features of the Service, including the Website, other websites, or the Internet. KCA reserves the right to terminate your use of the Service including the Website, for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, LIABILITY OR CERTAIN DAMAGES OR LIMITATIONS OF REPRESENTATIONS MADE CONCERNING GOODS OR SERVICES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
We do not guarantee, represent or warrant that your use of our service or the Website will be uninterrupted, timely, secure or error-free.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products delivered to you through the service are (except as expressly stated by us) provided as is and are available for your use, without any representation, warranties or conditions of any kind, either expressed or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall KCA, our employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, OR FOR ANY lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the services or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED $70 or the cost of the products purchased, whichever is greater.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless KCA and its affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees and assigns, harmless from any claim or demand, including reasonable legal or attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – 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 enforecability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. 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 Website. 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 shall have the right to 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).
SECTION 17 – ENTIRE AGREEMENT
The failure of KCA to exercise or enforce any right or provision of these Terms of Service shall not be construed as a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by KCA on this Website or in respect to the Service constitutes the entire agreement and understanding between you and us and shall 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 18 – GOVERNING LAW
For Canadian Residents: Applicable laws may require that the laws of the Canadian jurisdiction in which you reside apply, such as in Quebec, in which case the laws of such jurisdiction will apply. In all other cases, these Terms of Service shall be governed by and construed and enforced in accordance with the Laws of the Province of Ontario and the laws of Canada applicable therein, without regard to conflict of laws principles.
For All Others: These Terms of Service shall be governed by and construed and enforced in accordance with the United States Federal Arbitration Act, other applicable federal laws and the laws of the State of New York, without regard to conflict of laws principles.
For All Users: The United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to the Terms of Service.
SECTION 19 – BINDING ARBITRATION AND CLASS ACTION WAIVER
For Canadian Residents: After any dispute regarding these Terms of Service, the Service or any products delivered to you through the Service arises, the parties involved in the dispute may agree to resolve the dispute using Arbitration as set out below.
For All Others: ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE TERMS OF SERVICE, The SERVICE OR ANY PRODUCTS DELIVERED TO YOU THROUGH THE SERVICE SHALL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.
The arbitration will be conducted by the American Arbitration Association (AAA) under its then-applicable rules, including (as appropriate) its Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at http://www.adr.org/. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.
The arbitration shall be conducted in the English language by a single independent and neutral arbitrator.
For Canadian Residents: The hearing will be conducted in Toronto, Ontario, Canada.
SECTION 20 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. KCA reserves the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website or the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.