Entreprises Nolk Inc. Terms of Use

Terms of Use posted on June 5, 2020 (Effective Date)

PLEASE READ THESE TERMS OF USE CAREFULLY AS YOUR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS AND YOUR AGREEMENT TO ABIDE BY THEM. Do not use the Site if you do not agree with these Terms.

The website www.kanalifestyle.com (the "Site") is owned and operated by Entreprises Nolk Inc. ("Nolk" or "we" or "us" or "our"). These terms of use ("Terms") explain a contractual agreement between you and Nolk regarding your use of the Site.

You should visit this page and periodically reread these Terms as Nolk reserves the right at its sole discretion to update, modify, and revise these Terms at any time. Any such changes to these Terms will be effective immediately upon posting, and your continued use of the Site following such changes constitutes your acceptance of the changed Terms and your agreement to be bound by them. When Nolk changes these Terms, Nolk will provide notice by updating the effective date above.

Your Privacy

Your personal privacy is very important to Nolk.  Nolk's Privacy Policy is hereby incorporated into and made a part of these Terms. By using the Site, you also accept and agree to Nolk's Privacy Policy. If you have not already reviewed it, please read Nolk's Privacy Policy at https://kanalifestyle.com/pages/privacy-policy. If we make a change to our Privacy Policy that we reasonably believe may considerably affect how we collect, disclose, or otherwise share your personal information, we will post a separate notice to that effect on our home page with a link to the revised Privacy Policy.

Ordering Process

We cannot guarantee that products advertised on our Site will be available when ordered or thereafter. If we cannot deliver any of the products ordered because they are out of stock or no longer available, you will be advised by email.  We reserve the right to accept or reject any order prior to shipment of the order. You will receive online confirmation that your order has been received by us after you place your order on the Site. This online confirmation that your order has been received does not constitute acceptance of your order. Rather, shipment of each product in your order will constitute acceptance of your order. You will be notified of shipment via an automatic e-mail to the e-mail address provided in the order form.  Your credit card will be charged when the item is shipped to you.  

Price

The price for each product that you order is the price that appears on our Site. By placing an order, you agree to pay such price as well as all taxes and shipping costs.  Taxes and shipping costs will be calculated and apply at the date of shipping.  We reserve the right to modify at any time the shipping charges without notice. 

Rejection or Cancellation of Orders

We reserve the right at any time after receipt of your order to reject or delay fulfillment of your order for any reason and Nolk will contact you at the e-mail address provided in the order form if it rejects or delays fulfillment of any products in your order. In the event that Nolk rejects any product in the order, Nolk will have no obligation to fulfill that product and you will have no obligation to pay for that product.

Shipping, Returns and Exchanges

Your order will be shipped by Nolk’s third party carrier.  Nolk is not responsible for any loss of the products following delivery of the products to its third party carrier.  Nolk offers refunds on products purchased online, within 45 days of purchase.  For exchanges, return your original purchase for a refund and place a new order on our site for a new item.  Nolk reserves the right to refuse any exchanges or requests for refunds for products that have been used, abused, altered, soiled or damaged in any way.  No refund or credit will be given for shipping charges, unless the original product was defective or if the exchange or refund is the result of an error by Nolk.  In these cases, please contact our customer service via email at support@kanalifestyle.com for further instructions.

Use of Site and Limited License

This Site contains material, including photographs, text, data, icons, third-party information, software and code used to generate the pages on the Site, images, video, music, sounds, layout, look, appearance, trademarks, information and other Nolk content (collectively "Content"), which is derived in whole or in part from material supplied by Nolk and other sources, and is protected by international copyright, trademark, patent, privacy, publicity, communications, and other laws, rules and regulations. Unauthorized use of the Content may violate these laws and/or applicable communications regulations and statutes, and is strictly prohibited. You must preserve all copyright, trademark, service mark and other proprietary notices contained in the original Nolk Content on any authorized copy You make of the Content.

You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way any Content (unless submitted by you) without Nolk's prior permission. You may print or download one copy only of Content from the Site for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.

The following trademarks and service marks are owned by and registered to Nolk: KANA LIFESTYLE,
KANA GOODS MADE BETTER (logo), KANA GOODS MADE BETTER and NOLK.

We grant you a personal, limited, non-exclusive, non transferable license to access and make personal use of the Site and the Content and other information contained on the Site. This license does not include any resale or commercial use of the Site; any collection and commercial use of any photographs or other Content published on the Site; any non-personal use of our product names, listings, descriptions, or prices; any derivative use of the Site; any downloading, copying, or other use of the Site or the Content for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. You may use the Site only as permitted by law. All rights not expressly granted to you in these Terms are reserved and retained by us and/or our suppliers and licensors. The licenses granted by us to you automatically terminate if you do not comply with these Terms.

Using the Nolk Name, Logo and Intellectual Property

Nolk does not permit the use of its name or its products' names in advertising as an endorsement for any product or service or for any other commercial purpose. Graphics, logos, and Content created by Nolk are the property of Nolk and may not be used without permission.

Information Available on the Site

Nolk does not guarantee, and assumes no responsibility for, the accuracy, timeliness, correctness, or completeness of the Content. Any conclusions that users draw from the information presented here are their own and are not to be attributed to Nolk. You agree that you must evaluate, and bear all risk associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

Your Account

In the event that you are provided with user identification names, numbers or codes, and/or passwords ("Access Credentials") in connection with your use of this Site, you shall keep your Access Credentials strictly confidential and not share them with anyone. You are responsible for any misuse of the Site or any Content by anyone using your Access Credentials. Accordingly, you should take affirmative precautions to ensure that no one uses your Access Credentials or gains unauthorized access to your Access Credentials. It is your responsibility to notify Nolk if your Access Credentials need to be changed or cancelled because (i) your Access Credentials have been or may be compromised, or (ii) you detect any unauthorized use of your Access Credentials. Nolk may terminate your access to, and your use of, the Site immediately and take any other appropriate legal action if you, or anyone using your Access Credentials, violates these Terms.

You agree to provide true, accurate, current, and complete information about yourself (all of which will be subject to Nolk's Privacy Policy (https://kanalifestyle.com/pages/privacy-policy). If you provide any information that is untrue, inaccurate, not current, or incomplete (or Nolk has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete), Nolk has the right to revoke your Access Credentials and suspend or terminate your access to and use of the Site.

Links to Third-party Sites

Nolk may provide relevant links to information outside of the Site as additional resources for users of the Site. However, Nolk does not endorse any views expressed, or products or services offered, through or on such third-party websites. Neither Nolk nor its affiliates operate or control in any respect, or are in any way responsible for, any information, products, or services on these third-party sites. You should carefully review the terms of service and privacy policies on any such third-party site as these Terms and Nolk's Privacy Policy do not apply to your activities on such third-party sites.

Content Posted on the Site by Third-party Content and Advertising Partners

Some of the Content posted on the Site may be posted by third-party content and advertising partners ("Third-party Content") with whom we have relationships ("Content Providers"). You hereby acknowledge that (i) Nolk is not responsible and disclaims any and all liability for any aspect of such Third-party Content, (ii) the Content Provider posting such Third-party Content on the Site is solely and exclusively responsible for such Third-party Content, (iii) Nolk makes no express or implied warranties whatsoever with respect to the accuracy, relevancy, legality, or decency of such Third-party Content, and (iv) Nolk cannot and does not guarantee that Third-party Content complies with these Terms.

Disclaimer of Warranties

THE CONTENT AVAILABLE ON THIS SITE AND THE THIRD-PARTY SITES IS PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND.  NOLK, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. NOLK MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS. TO THE FULLEST EXTENT POSSIBLE BY LAW, NOLK DOES NOT WARRANT THAT THE SITE OR ANY NOLK SERVICE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, NOLK IS NOT RESPONSIBLE FOR THOSE COSTS. YOU (AND NOT NOLK) ASSUME THE ENTIRE COST NECESSARY FOR YOU TO ACCESS AND USE THE SITE.

THE CONTENTS OF THIS SITE IS INTENDED FOR INFORMATIONAL PURPOSES ONLY, AND SHOULD NOT IN ANY WAY BE CONSTRUED AS CONSTITUTING THERAPY, MEDICAL ADVICE, OR PROFESSIONAL SERVICES OF ANY KIND. ANY ACTION OR DECISION THAT YOU MAKE REGARDING THIS INFORMATION IS ENTIRELY YOUR OWN RESPONSIBILITY AND IS TAKEN BY YOU SOLELY AT YOUR OWN RISK. 

Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, CONTRACT, OR OTHER TORT THEORY OF LIABILITY, SHALL NOLK, ITS SUBSIDIARIES AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL DAMAGES OR OTHERWISE THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT AND/OR SITE EVEN IF NOLK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NOLK IS NOT LIABLE FOR ANY CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH ANY CONTENT AVAILABLE ON THE SITE, OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

TO THE FULLEST EXTENT POSSIBLE BY LAW, IN NO EVENT SHALL NOLK, ITS SUBSIDIARIES AND PARENT COMPANIES OR AFFILIATES AND ITS EMPLOYEES BE LIABLE FOR ANY CLAIM OF ANY NATURE WHATSOEVER BASED ON LOSS OR INJURY BECAUSE OF ERRORS, OMISSIONS, INTERRUPTIONS OR INACCURACIES IN OUR SITE OR ANY SERVICES OR MATERIALS AVAILABLE THROUGH OUR SITE INCLUDING LOSS OR INJURY THAT RESULTS FROM YOUR BREACH OF ANY PROVISION OF THESE TERMS.

TO THE FULLEST EXTENT POSSIBLE BY LAW, IN NO EVENT SHALL NOLK OR ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR SITE OR SERVICES AVAILABLE THROUGH OUR SITE OR THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT OR ANY OTHER LEGAL OR EQUITABLE THEORY. 

Indemnity

You agree to defend, indemnify, and hold harmless Nolk and its owners, principals, affiliates, subsidiaries, licensors and licensees, and their and Nolk's directors, officers, employees, contractors, and representatives from any and all liabilities, claims, judgments and expenses, including attorneys' and expert fees and court costs, that arise from (i) your use or misuse of the Site; (ii) your violation of these Terms; (iii) your violation of any law or third-party right, including without limitation any third party's patent, copyright, trademark, privacy/publicity, or other proprietary rights; (iv) any claim that any Content posted by you caused damage to a third party; and/or (v) any use or misuse of your Access Credentials. Nolk will give you notice in the event of an indemnifiable event. Nolk reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Nolk in asserting any available defenses. This defense and indemnification obligation will survive the termination or expiration of these Terms.

Termination

These Terms will remain in full force and effect while You are a user of the Site and may be terminated by Nolk at any time with or without notice.  Additionally, in the event that you violate these Terms, these Terms shall be deemed to be automatically terminated. In the event of termination, you are no longer authorized to use or access the Site. You hereby acknowledge that the restrictions imposed on you with respect to any Content downloaded from the Site, the disclaimers and limitations of liabilities, and your indemnification obligations, shall survive the termination of these Terms.

Additional Terms

Certain areas of the Site may subject to additional Terms. By using such areas, or any part thereof, You agree to be bound by the additional Terms applicable to such areas.  Additionally, certain Services offered through the Site and Nolk may also be subject to other contracts with Nolk containing additional Terms.  You agree to be bound by the additional Terms in any other contract you may have with Nolk. In the case of any conflict between these Terms and any contract you have with Nolk, the terms of your contract will prevail. 

International Use

This Site is managed in St-Bruno-de-Montarville, Canada. Nolk makes no representation that Content of, or any services or products available through, the Site are appropriate or available for use in locations outside the United States and Canada. Accessing the Site from territories where the Site's Content is illegal is expressly prohibited. If you view the Site and/or access the services from any country other than the United States of America or Canada, you acknowledge that you are doing so on your own initiative and you are solely responsible for compliance with all applicable laws.

Deactivation of the Site

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site, or any part or portion thereof, with or without notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any part or portion thereof. Nothing in these Terms Of Use shall be construed to obligate Nolk to maintain and support the Site, or any part or portion thereof, during the term of these Terms Of Use.

Miscellaneous

Governing Law

You hereby agree that these Terms and your use of the Site shall be governed in all respects by the internal substantive laws of Quebec, Canada, without regard to its conflicts of laws provisions. You hereby submit to exclusive jurisdiction and venue in the provincial and federal courts located in Quebec, Canada, for all disputes, cases, and controversies regarding this Site, your use of this Site, and your relationship with Nolk.

Limitation on Claims

YOU AND NOLK AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.  TO THE FULLEST EXTENT POSSIBLE BY LAW, NOLK’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF THE CONTENT OR SERVICES, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.

No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Nolk's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Entire Agreement and Severability

Unless otherwise specified herein, these Terms constitute the entire agreement between you and Nolk with respect to your use of the Site and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Nolk with respect to the subject matter hereof. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Eligibility

You affirm that you are either 18 or older, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into and be legally bound by these Terms.  You must be 18 years or older or the age of majority in your jurisdiction to visit or use our Site in any manner.

Assignment

These Terms, and any rights and/or licenses granted hereunder, may not be transferred or assigned by you, but may be transferred or assigned by Nolk without restriction.

Contact Information
If you have any questions regarding these Terms Of Use, you may write to Kana Lifestyle at Nolk by postal mail at: Entreprises Nolk Inc., attn: Kana Lifestyle, 1127 Rue Marie Victorin, St. Bruno-de-Montarville, Quebec, Canada, J3V 0M7