Welcome to “the Season” Web Site/Platform. Please review the terms and conditions of use carefully, as they govern your use of www.theseason.ca (the “Site/Website”), mobile Site/Platform/app (collectively called as “Platform”).

The following terms and conditions of use are an agreement (the “Agreement”) between The Season Clothing Inc. and you. Your use of the Site/Platform/Platform constitutes your agreement to follow and be bound by the Agreement. We reserve the right to modify this Agreement at any time in our sole discretion without prior individual notice. Any modifications to this Agreement will be posted on the Site/Platform. For this reason, we encourage you to review the Agreement whenever you use any of the Site/Platform. You can tell when this Agreement was last modified by checking the “last updated” date that appears at the top of the Agreement. If you do not agree to these terms, please do not use the Site/Platform.

Site/Platform Transactions

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 we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

Right to Change Site/Platform

We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue the Site/Platform or any service, content, feature or product offered through the Site/Platform, with or without notice; charge fees in connection with the use of the Site/Platform; modify and/or waive any fees charged in connection with the Site/Platform; and/or offer opportunities to some or all users of the Site/Platform. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site/Platform, or of any service, content, feature or product offered through the Site/Platform.

Site/Platform Contents

Unless otherwise noted, the Site/Platform/Platform, and all materials on the Site/Platform/Platform, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trade-marks, trade dress and/or other intellectual property in such materials (collectively, the “Contents”), are owned, controlled or licensed by The Season Clothing Inc.

The Site/Platform and the Contents are intended solely for personal, non-commercial use. You may download or copy the Contents displayed on the Site/Platform for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Site/Platform.

User Comments, Feedback, and Other Submissions

The Season Clothing Inc. is pleased to hear from users and welcomes your comments regarding our products and services. The Season Clothing Inc. longstanding company policy does not allow us to accept or to consider creative ideas, suggestions, proposals, plans, or other materials other than those we have specifically requested. We hope that you will understand that the intent of this policy is to avoid the possibility of future misunderstandings when projects developed by employees and agents of The Season Clothing Inc. and/or its affiliates might seem to be similar to creative works submitted by users. Accordingly, while we value your feedback, we must ask that you do not send creative ideas, suggestions, proposals, plans, or other materials for our business. If, at our request, you send certain specific submissions (for example, contest entries, customer reviews or photographs) or without a request from us you send creative ideas, suggestions, customer reviews, photographs, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that The Season Clothing Inc. and its affiliates may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to The Season Clothing Inc.. The Season Clothing Inc. and its affiliates 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. The Season Clothing Inc. has the right but not the obligation to monitor and edit or remove any Comments.

You agree that your Comments will not violate any right of any third party, including copyright, trade-mark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libellous 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 Site/Platform. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead The Season Clothing Inc., its affiliates or other third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. The Season Clothing Inc. and its affiliates take no responsibility and assume no liability for any Comments posted by you or any third party.

YOUR PERSONAL INFORMATION

Our Privacy Policy explains how we collect, use, and share your personal information when you access or use our Site/Platform, mobile applications, and any other online services. Please read the Privacy Policy to learn more about how we process your personal information, including details on your privacy rights and choices. The Privacy Policy is also available through the link located at the bottom of the Site/Platform.

Product & Pricing

The Season Clothing Inc. enables the sale of variety of products on its Platform including the products of Studio Ethnic with requisite permission(s) and authorization(s). Each product on the Platform is sold subject to its product description. While The Season Clothing Inc. strives to provide accurate descriptions, pricing details and other information about the products appearing on the Platform, it is likely that certain typographical or other errors may appear on the Platform which may not always reflect the inaccurate position while you are placing the order. In such an event, The Season Clothing Inc. may, at its discretion, contact you for instructions or cancel your order and notify you of such cancellations.  

Certain products are available exclusively online through the Site/Platform. These products may have limited quantities and are subject to return or exchange only through the Site/Platform according to the applicable return policy.

Pricing: The pricing information relating to the product shall be disclosed to you at the time of your purchase. The Season Clothing Inc. does not guarantee that the price will be the lowest in the city, region, or geography. Prices and availability are subject to change without notice or any consequential liability to you. The Season Clothing Inc. will have the right to modify the price of the product and contact you for further instructions via the e-mail address provided by you at the time of registration or cancel the order and notify you of such cancellation. If The Season Clothing Inc. cancels the order after the payment has been processed, the entire amount will be remitted to your account from which the payment was made subject to banking protocols.

Return, Refund & Exchange Policy: Please refer Return & Refund policy

Tax Policy

Tax charges are based on applicable federal, provincial and harmonized sales tax rates based on the delivery address associated with your order. Where required, sales tax will also be applied to the shipping and handling charges. If you return an item for a refund, you will also receive a store credit for the sales taxes you paid for that item. You will not receive a store credit for the sales taxes you paid on the shipping and handling of that item, as the shipping and handling charges are non-refundable once an item has been shipped. If you have questions about the sales taxes on your invoice, feel free to submit your query via email on care@theseason.ca 

Errors, Inaccuracies, and Omissions

Occasionally there may be information on our Site/Platform that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site/Platform is inaccurate at any time without prior notice (including after you have submitted your order).

Colors

We have made every effort to display as accurately as possible the colors of our products that appear at the Site/Platform. We cannot guarantee that your computer monitor’s display of any color will be accurate.

Promotions

In addition to the terms and conditions of this Agreement, any contests, sweepstakes, surveys, games or similar promotions (collectively, “Promotions”) made available through the Site/Platform may be governed by specific rules that are separate from this Agreement. By participating in any such Promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein. To the extent that the terms and conditions of such rules conflict with this Agreement, the terms and conditions of such rules shall control.

Links to Other Web Site/Platform and Services

The Site/Platform may contain links to other Web Site/Platform that are not under the control of The Season Clothing Inc. or its affiliates. Neither The Season Clothing Inc. nor any of its affiliates has any responsibility for the linked Web Site/Platform nor does linking constitute an endorsement of any linked Web Site/Platform. Links are provided solely for the convenience and information of the Site/Platform’ users.

Account & Passwords

To access the Services of purchasing products from this Site, you are required to open an Account by completing the registration process (which means providing us correct, complete and accurate details as prompted in the registration form). You agree that each registration to access or use of our Services on the Platform is for a single individual user only. To access the service, you will be asked to enter your individual Username and Password. Therefore, we do not permit any of the following: –

 – Any other person sharing your Username and Password.
 – Any part of the Site being cached in proxy servers and accessed by individuals who have not registered with the Site as users.
 – Access through a single Username and Password being made available to multiple users on a network.

Upon registration, you shall be responsible for maintaining confidentiality of the password and the account including your personal details. You shall be responsible for ensuring that all such information/ details are always up to date on the Platform. You agree that if you provide any information that is untrue, inaccurate, not updated or incomplete or in case we have reasonable grounds to suspect that such information is untrue, inaccurate, not updated, incomplete, or not in accordance with these Terms of Use or the account has been misused, we shall have the right to indefinitely suspend or terminate or block your access rights immediately without notice and block user access from that IP address.

You shall be entirely responsible for all activities that occur under/ through your account. By registering, you agree to these Terms of Use in addition to any other specific terms which shall be posted at an appropriate location of the platform. 

Therefore, in all such events where you allow others to have access to your account on the Platform for availing services or otherwise, you agree that they will be able to view and access your account information and you shall be solely liable and responsible for all the activities undertaken under your account and any consequences therefrom, which may occur as result of another party using your account. You also agree to immediately notify us of any unauthorized use of your account or any other breach of security and ensure that you exit from your account at the end of each session by signing off. The Season Clothing Inc. shall not be responsible for any unauthorized access or alteration of your account, transmissions of data, or any material or data sent or received or not sent or not received through the Site. You further agree that we shall not be liable for any loss or damage arising from your failure to comply with this Cause. You may be held liable for losses incurred by The Season Clothing Inc. or any other user of or visitor to the Website/Platform due to the authorized or unauthorized use of your account. Your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction. However, we will not be liable, if for any reason, the Site is unavailable at any time or for any period.

Disclaimer

THE CONTENT OF THE SITE/PLATFORM IS PROVIDED “AS IS” WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

NEITHER THE SEASON CLOTHING INC. NOR ANY OF ITS AFFILIATES WARRANT THAT THE SITE/PLATFORM OR ANY FUNCTION CONTAINED IN THE SITE/PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE/PLATFORM OR THE SERVERS THAT MAKE THE SITE/PLATFORM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE SEASON CLOTHING INC. AND ITS AFFILIATES EXPRESSLY DISCLAIM ANY DUTY TO UPDATE OR REVISE THE CONTENT OF THE SITE/PLATFORM, ALTHOUGH WE MAY MODIFY THE CONTENT AT ANY TIME WITHOUT NOTICE. YOUR USE OF THE SITE/PLATFORM IS AT YOUR SOLE RISK, AND YOU ASSUME FULL RESPONSIBILITY FOR ANY COSTS ASSOCIATED WITH YOUR USE OF THE SITE/PLATFORM. THE SEASON CLOTHING INC. AND/OR ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SITE/PLATFORM.

Neither The Season Clothing Inc. nor any of its affiliates represent or warrant that the Site/Platform, or any part thereof, are appropriate or available for use in any particular jurisdiction. Those who choose to access the Site/Platform do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the Site/Platform’ availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SEASON CLOTHING INC. AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THE SITE/PLATFORM; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON THE SITE/PLATFORM OR ANY WEBSITE/PLATFORM OR WEBSITE/PLATFORM LINKED TO THE SITE/PLATFORM, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE/PLATFORM; (D) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD-PARTY ON THE SITE/PLATFORM; OR (F) ANY OTHER MATTER RELATING TO THE SITE/PLATFORM. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, IN CONNECTION WITH YOUR USE OF THE SITE/PLATFORM. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE/PLATFORM, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THE SITE/PLATFORM.

Indemnification

You agree to defend, indemnify and hold The Season Clothing Inc. and its affiliates and each of their respective officers, directors, employees, shareholders, agents and representatives harmless from and against any and all claims, damages, costs and expenses, including legal fees, arising from or related to your use of the Site/Platform and/or your breach of any representation, warranty, condition or other provision of the Agreement.

Dispute Resolution

Mindful of the high cost of litigation, not only in dollars but also in time and energy, both you and The Season Clothing Inc. agree to the following dispute resolution procedure: Except to the extent prohibited by applicable law, in the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Site/Platform, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it (“Dispute”), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent

(1) to The Season Clothing Inc. at: 199 Ridge Road, Cambridge, Ontario N3E 0C3
(2) to you at: your last-used billing address or the billing and/or shipping address in your online profile.

To the maximum extent permitted by law, both you and The Season Clothing Inc. agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any litigation or filing any claim against the other party.

Choice of Law and Jurisdiction

To the maximum extent permitted by law, this Agreement shall be construed in accordance with the laws of Ontario and Canada, as applicable therein, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the Superior Court of Justice or Federal Court of Canada residing in Toronto, Ontario.

General

The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of The Season Clothing Inc.’s right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of the Site/Platform.

The Season Clothing Inc. may assign its rights and obligations under the Agreement. The Agreement will inure to the benefit of The Season Clothing Inc.’s successors, assigns and licensees.

Termination

These terms are effective unless and until terminated by either you or The Season Clothing Inc.

The Season Clothing Inc. also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Site/Platform, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.

Accessibility 

We are committed to making our Site/Platform accessible to customers who use screen readers and other assistive technologies. If you have any questions about our Site/Platform or our merchandise, or you would like to make a purchase, please submit your request via email care@theseason.ca 

Choice of Language

The parties hereto confirm that it is their wish that this Agreement, as well as other documents relating hereto including notices, have been and shall be drawn up in the English language only. Les parties aux présentes confirment leur volonté que cette convention de même que tous les documents, y compris tout avis qui s’y rattache, soient rédigés en langue anglaise.