Termos do serviço
Last updated on 13th Dec, 2022.
Please read through these Terms carefully before using the Site. By accessing, using or browsing the Site you agree to be legally bound by these Terms and all terms, policies and guidelines incorporated by reference in these Terms. If you do not agree with these Terms in their entirety, you may not use the Site.
The Services and Product(s) are for your own use only. You may not resell, lease or provide them in any other way to anyone else.
Through the Site, Gilrose sells clothing apparel (“Product(s)”, which definition and the purchase thereof through the Site, for greater certainty, is included in the definition of “Services”).
- Fees, Charges, Taxes, Refunds and Cancellation
Fees and other charges for the purchase of Product(s) are described on the Site. If you are purchasing Product(s), you will pay the applicable fees and charges, as described on the Site, as it relates to such Product(s).
You are responsible for all taxes applicable to the fees and charges in any applicable jurisdiction.
All Product(s) sold, and associated fees and charges are final and non-refundable, unless otherwise stated pursuant to our Refund Policy, which is available at https://gilrosewhitecoat.com/policies/refund-policy
- Product Availability and Prices
The advertisements on the Site are invitations to you to make offers to purchase products and services on the Site and are not offers to sell. All prices and other amounts appearing on the Site are quoted in Canadian dollars unless otherwise indicated and are subject to change. Additional fees apply with respect to product shipping. For more information on shipping and delivery fees, please refer to our shipping, returns and exchange policy available here https://gilrosewhitecoat.com/policies/refund-policy
If an item becomes unavailable for whatever reason after an order is accepted, Gilrose may terminate the order by giving you written notice. In such event, Gilrose will contact you to arrange for a refund or provision of credit against future purchases. For more information, please refer to our shipping, returns and exchange policy available here https://gilrosewhitecoat.com/policies/refund-policy
- Methods of Payment
- License to Use the Site and License Restrictions
In these Terms the content on the Site, including all information, data, logos, marks, designs, graphics, pictures, sound files, other files, and their selection and arrangement, is called “Content”.
Gilrose grants to you a revocable, non-exclusive, non-sublicensable license to use the Site and the Services and to view the Content available to you through the Site (“License”).
Other than as expressly permitted in these Terms, the License is subject to the following restrictions and account terms:
- The Content and Services we provide through the Site are for your use only. You may not resell, lease or provide them in any other way to anyone else, except as permitted through the Site.
- You may not make or distribute copies of the Site, Services or Content or reproduce, distribute or display the Site, Services or any Content (except for page cacheing) except as expressly permitted in these Terms.
- You may not modify or create derivative works based on the Site, Services or Content.
- You may not use the Site, Services or Content for any application deployment or ultimate production purpose.
- You may not use the Site, Services or Content to develop any application, website or product having the same or similar primary function as the Site, Services or Content.
- You may not remove or modify any copyright, trademark or other proprietary notices that have been placed in the Site, Services and/or Content.
- You may not otherwise use the Site, Services or Content other than for its intended purpose.
- You may not use any data mining, robots or similar data gathering or extraction methods.
- Your use of the Site, Services and Content must not infringe or violate the rights of any other party, breach any contract or legal duty to any other parties or violate any applicable law.
- You have reached the age of majority in the province where you are resident, and you can form legally binding contracts under applicable law.
- Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.
The licenses in this Section are revocable by Gilrose at any time.
- Ownership, Copyright and Trademarks
Content provided by Users on the Site or otherwise sent to Gilrose to be posted on the Site is called “User Content”. User Content is the property of its respective owners (e.g. the User that inputted it). User Content on the Site may include a comment, review, rating, information, data, images, videos, sounds and other data uploaded by a User to the Site. Your User Content is your responsibility. You are solely responsible for maintaining copies of and replacing any User Content you send to Gilrose to post or store on the Site and/or that you, personally, post or store on the Site. We have no responsibility or liability for it, or for any loss or damage your User Content may cause to you or other people. Although we have no obligation to do so, we have the absolute discretion to remove, screen or edit, without notice, any User Content posted or stored on the Site, and we may do this at any time and for any reason. Gilrose’s only right to use that User Content is the limited licenses to it granted in these Terms. Those licenses are described in Section 10 of these Terms.
Other than User Content, the Services, the Site, all Content and any other software used to create and operate the Site is the property of Gilrose or its licensors, and is protected by Canadian and international copyright laws, and all rights to the Site, the Services, such Content and such software are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Gilrose.
You may only use the Site and Services for the purposes expressly permitted on the Site. In particular, you may not use the Site or Services or your access to our technology or any of our intellectual property rights, whether for yourself or for any other person, to research, develop or create, or to facilitate any of the foregoing by itself or any other person, any service or technology or product that competes with the Site or Services or any other service provided through our technology or the Site or Services, or that is similar thereto.
- Links to Other Sites
The Site may contain links to third-party websites (“Third-Party Sites”) and third-party content (“Third-Party Content”) as a service to those interested in this information. You use links to Third-Party Sites and any Third-Party Content or service provided there at your own risk. Gilrose does not monitor or have any control over, and makes no claim or representation regarding, Third-Party Content or Third-Party Sites. Gilrose provides these links only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply Gilrose’s endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. Gilrose accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third-Party Content, Third-Party Sites, or websites linking to the Site. When you leave the Site, our terms and policies no longer govern. You should review applicable terms and policies, including, without limitation, privacy and data gathering practices, of any Third-Party Site, and you should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
- Advertisements and Promotions
Gilrose may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of advertisers other than Gilrose, and any terms, conditions, warranties or representations associated with such dealings are solely between you and such third party. Gilrose is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.
- Your Limited License of Your User Content to Gilrose
We do not claim any ownership interest in your User Content, but we do need the right to use your User Content to the extent necessary to operate the Site and provide the Services, now and in the future. For example, if you leave a comment on a blog post or post a review on a Product(s), either directly on the Site yourself or by sending to Gilrose otherwise to do so, we need your license to display that User Content on the Site, and we need the right to sublicense that User Content to our other Users so that they can view that User Content.
Therefore, by posting or distributing User Content to Gilrose and/or to or through the Services, you (a) grant Gilrose and its affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to use, display, perform, reproduce, distribute, publish, modify, adapt, translate and create derivative works from such User Content, in the manner in and for the purposes which the Site and/or Services from time to time use such User Content; (b) represent and warrant that (i) you own and control all of the rights to the User Content, or otherwise have the lawful right to post and distribute that User Content, to or through the Site and/or Services; and (ii) the use and posting or other transmission of such User Content does not violate these Terms and will not violate any rights of or cause injury to any person or entity.
If your User Content is intended for the use of other Users, you also grant us and our affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to sublicense such User Content to such Users for their use in connection with their use of the Site and/or Services, as described in this Section.
These licenses from you are non-exclusive because you have the right to use your User Content elsewhere. They are royalty-free because we are not required to pay you for the use of your User Content on the Site and/or Services. And they are transferable because we need the right to transfer these licenses to any successor operator of the Site and/or Services. Our rights to “modify, adapt, translate, and create derivative works from” are necessary because the normal operation of the Site and/or Services does this to your User Content when it processes it for use in the Site and/or Services.
- Warranty Disclaimer
The Site, the Content and the Services are provided to you on an “as is” basis without warranties from Gilrose of any kind, either express or implied. Gilrose expressly disclaims all other warranties, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
The Site, SERVICES and Content are provided to you for informational purposes only and should not be relied up on as accurate, complete, timely or fit for any particular purpose. GILROSE DOES NOT REPRESENT OR WARRANT THAT THE CONTENT, INCLUDING, WITHOUT LIMITATION, PRODUCT DESCRIPTIONS OR PHOTOGRAPHS, IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR PROPRIETARY CHARACTER OF THE SITE, THE SERVICES, THE CONTENT OR ANY PORTION THEREOF. GILROSE DOES NOT WARRANT, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT(S) OR SERVICES, OR ANY PORTION THEREOF, PROMOTED OR SOLD ON THE SITE. GILROSE DOES NOT ENDORSE, WARRANT, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT(S) OR SERVICES ADVERTISED OR PROMOTED ON THE SITE BY ANY THIRD PARTY OR MANUFACTURER. PRODUCT(S) MAY BE OUT-OF-STOCK OR DISCONTINUED. ALTHOUGH GILROSE HAS MADE EVERY EFFORT TO DISPLAY OUR PRODUCTS AND THEIR COLOURS AS ACCURATELY AS POSSIBLE, THE DISPLAYED COLOURS OF THE PRODUCTS DEPEND UPON THE MONITOR OF THE USER AND AVAILABILITY OF INVENTORY. WE CANNOT GUARANTEE THAT THE USER’S MONITOR WILL ACCURATELY PORTRAY THE ACTUAL COLOURS OF THE PRODUCTS. GILROSE MAY PROVIDE ADDITIONAL PRODUCT(S) SPECIFIC DISCLAIMERS IN ITS DESCRIPTION OF SUCH PRODUCT(S) ON THE SITE OR THROUGH THE SERVICES, EMAIL OR OTHER CORRESPONDENCE TO YOU, THE PRODUCT(S) THEMSELVES OR IN AND/OR ON THE PACKAGING IN WHICH DELIVERED.
- Typographical Errors or Inaccuracies
The Site may contain typographical errors or inaccuracies and may not be complete or current. Gilrose reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and to the extent permitted by applicable law, Gilrose reserves the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.
- Limitation of Liability; Indemnity
You waive and shall not assert any claims or allegations of any nature whatsoever against Gilrose, its affiliates or subsidiaries, their contractors, vendors or other partners, any of their successors or assigns, or any of their respective officers, directors, agents or employees (collectively, the “Released Parties”) arising out of or in any way relating to your use of the Site, Services or Content, including, without limitation, any claims or allegations relating to the alleged infringement of proprietary rights, alleged inaccuracy of Content, or allegations that any Released Party has or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of the Site. You use the Site at your own risk.
Without limitation of the foregoing, neither Gilrose nor any other Released Party shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to personal/bodily injury (including death) arising out of your use of Product(s) you purchase through the Site, loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the Site, Services or Content, including without limitation any damages caused by or resulting from your reliance on the Site, Services Content or other information obtained from Gilrose or any other Released Party or accessible via the Site, or that result from mistakes, errors, omissions, interruptions, deletion of User Content or other data, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to the Site, any User, or any other Released Party’s records, programs or services.
In no event shall the aggregate liability of Gilrose, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Site or the Services exceed any amount paid by you for Product(s), Services or access to the Site or Services during the three months prior to the date of any claim, if any.
You shall defend, indemnify and hold harmless Gilrose and the other Released Parties from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of your use of the Site and Services and from the use of the Site and Services by any person to whom you give access to your account.
Notices that we give you may be provided in any of the following ways. First, we may e-mail you or send you a text message/SMS at the contact information you provide when submitting User Content. Second, we may post the notice elsewhere on the Site. When we post notices on the Site, we post them in the area of the Site suitable to the notice. It is your responsibility to periodically review the Site for notices.
- Applicable Law and Venue
The Site is controlled by Gilrose and operated by it from its offices in Ontario. You and Gilrose both benefit from establishing a predictable legal environment in regard to the Services. Therefore, you and Gilrose explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Site and Services will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
Except where prohibited by applicable law, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether preexisting, present or future) arising out of or relating to (a) these Terms; (b) the Site, Services or Content; (c) oral or written statements relating to these Terms or to the Site and/or Services; or (d) the relationships that result from these Terms or the Site, Services or Content (collectively, a “Claim”) will be referred to and determined by a sole arbitrator (to the exclusion of the courts). Except where prohibited by applicable law, you waive any right you may have to commence or participate in any class action against Gilrose related to any Claim and, where applicable, you also agree to opt out of any class proceedings against Gilrose.
To the extent arbitration as described in the immediately preceding paragraph is prohibited by applicable law, you agree that all Claims will be heard and resolved in a court of competent subject matter jurisdiction located in Toronto, Ontario. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.
If you choose to access the Site and/or Services from locations other than Ontario, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify Gilrose and the other Released Parties for your failure to comply with any such laws.
- Termination/Modification of License and Site Offerings
Notwithstanding any provision of these Terms, Gilrose reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your License to use the Site and/or the Services, or any portion thereof; (b) block or prevent your future access to and use of all or any portion of the Site, Services or Content; (c) change, suspend or discontinue any aspect of the Site, Services or Content; and (d) impose limits on the Site, Services or Content. When your account is terminated, any User Content you have uploaded or have sent to Gilrose to upload to the Site may remain on the Site.
If these Terms expire or terminate for any reason, Sections 6, 7, 11, 12, 13, 14, 15, 16, 17 and 18, and any representation or warranty you make in these Terms, shall also survive indefinitely.
- Modification of Terms
Gilrose reserves the right to change or modify any of the terms and conditions contained in these Terms, or any policy or guideline applicable to the Site and/or Services, at any time and in its sole discretion. If we do so, we will post a notice in the Site visible to you the next time you access the Site. If you do not agree with the changes, your only remedy is to cease use of the Site and Services and cancel your account with us without further obligation, if you have one. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Site, and your continued use of the Site and Services after such time will constitute your acceptance of such changes and/or modifications. You should from time to time review the Terms and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of the Site and Services. The Terms will always show the ‘last updated’ date at the top. If you do not agree to any amended Terms, you must stop using the Site and Services.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Gilrose may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of Gilrose, and any such attempted assignment will be void and unenforceable. These Terms constitute the entire agreement between you and Gilrose regarding your use of the Site and Services, and supersede all prior or contemporaneous communications whether electronic, oral or written between you and Gilrose regarding your use of the Site and Services. The parties confirm that it is their wish that these Terms, as well as any other documents relating to this Terms, including notices, have been and shall be drawn up in the English language only. Les parties reconnaissent avoir convenue que la présente convention ainsi que tous documents, avis et procédures judiciaires qui pourront être exécutés, donnés ou intentées à la suite des présentes ou ayant un rapport, direct ou indirect, avec la présente convention soient rédigée en anglais.
- Questions and Comments
If you have any questions regarding these Terms or your use of the Site and/or Services, please contact us here: